Fagan v. Liberty Mutual Group, Inc. et al
| Camille Fagan |
| LM Property & Casualty Insurance Company, LM Insurance Corporation, LM General Insurance and Liberty Mutual Group, Inc. |
| 2:2021cv00616 |
| April 14, 2021 |
| US District Court for the District of Nevada |
| Richard F Boulware |
| Brenda Weksler |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 6, 2022. A more recent docket listing may be available from PACER.
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Filing 39
ORDER granting #38 Stipulation of Dismissal. This case is dismissed with prejudice in its entirety, without fees and costs to any party to this action. Signed by Judge Richard F. Boulware, II on 5/6/2022.(Copies have been distributed pursuant to the NEF - LOE)
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| Filing 38 STIPULATION of Dismissal With Prejudice by Defendants LM General Insurance, LM Insurance Corporation, LM Property & Casualty Insurance Company, Liberty Mutual Group, Inc.. (Clayton, Riley) |
| Filing 37 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 4/5/2022. IT IS ORDERED that #26 Motion for Leave to File Document is granted nunc pro tunc. (Copies have been distributed pursuant to the NEF - CVL) |
| Filing 36 TRANSCRIPT of Proceedings, 33 Order on Motion to Dismiss, Motion Hearing, held on 2/9/2022, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 4/5/2022. Redacted Transcript Deadline is set for 4/15/2022. Release of the Transcript Restriction is set for 6/13/2022. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG) |
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Filing 35
ORDER Granting #34 Stipulation for Extension of Time. Amended Complaint deadline: 5/11/2022. Defendants may answer, move or otherwise plead in response to the Amended Complaint within sixty (6) days of its filing, i.e., by 7/11/2022. Signed by Magistrate Judge Brenda Weksler on 3/14/2022. (Copies have been distributed pursuant to the NEF - JQC)
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| Filing 34 First STIPULATION FOR EXTENSION OF TIME (First Request) FOR PLAINTIFF TO FILE AMEND COMPLAINT by Plaintiff Camille Fagan. (Eglet, Robert) |
| Filing 33 MINUTES OF PROCEEDINGS - Motion Hearing held on 2/9/2022 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Matthew Sharp, Esq.; Def Counsel: Michael Farrell, Esq.; Riley Clayton, Esq.; Tiffany Powers, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 11:31 AM - 11:36 AM; Courtroom: 7C; Counsel for the parties are present and appearing by videoconference. The Court makes preliminary statements and hears representations from the parties. For the reasons stated on the record, IT IS ORDERED that the #18 Motion to Dismiss is GRANTED. The Motion is GRANTED WITHOUT PREJUDICE with respect to the breach of implied covenant of good faith and fair dealing claim, tortious bad faith claim, and the Deceptive Trade Practices Act claim. Plaintiffs are granted leave to file an Amended Complaint with respect to those claims on or before Friday, March 11, 2022. The Motion is GRANTED WITH PREJUDICE as to all other claims. The transcript of the hearing will serve as the written Opinion and Order of the Court. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 32 SECOND ERRATA to #26 Motion for Leave to File Document, by Defendants LM General Insurance, LM Insurance Corporation, LM Property & Casualty Insurance Company, Liberty Mutual Group, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Clayton, Riley) |
| Filing 31 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 1/7/2022. At the request and agreement of counsel for the parties, IT IS ORDERED that Hearing regarding #18 MOTION to Dismiss and #26 MOTION for Leave to File Supplemental Authority Pursuant to LR II 7-2(g) re #18 Motion set for January 13, 2022 is Vacated and RESET for a "stacked hearing" for February 9, 2022 at 10:00 AM in LV Courtroom 7C by videoconference appearance before Judge Richard F. Boulware, II.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 30 CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorneys Michael K. Farrell, Daniel M. Kavouras, and Tiffany L. Powers are in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (SLD) |
| Filing 29 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 1/6/2022. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that Hearing regarding #18 MOTION to Dismiss and #26 MOTION for Leave to File Supplemental Authority Pursuant to LR II 7-2(g) re #18 Motion to Dismiss is set for January 13, 2022 at 11:00 AM in LV Courtroom 7C by videoconference appearance before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding. IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", with information on how to participate in the video conference if necessary. IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 28 RESPONSE to #26 Motion for Leave to File Document, by Plaintiff Camille Fagan. Replies due by 12/1/2021. (Sharp, Matthew) |
| Filing 27 ERRATA to #26 Motion for Leave to File Document, by Defendants LM General Insurance, LM Insurance Corporation, LM Property & Casualty Insurance Company, Liberty Mutual Group, Inc.. (Attachments: #1 Exhibit A) (Clayton, Riley) |
| Filing 26 MOTION for Leave to File Supplemental Authority Pursuant to LR II 7-2(g) re #18 Motion to Dismiss, by Defendants LM General Insurance, LM Insurance Corporation, LM Property & Casualty Insurance Company, Liberty Mutual Group, Inc.. (Attachments: #1 Index Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (Clayton, Riley) |
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Filing 25
ORDER Granting #24 Verified Petition for Permission to Practice Pro Hac Vice Tiffany L. Powers and approving Designation of Local Counsel Riley A. Clayton. Signed by Judge Richard F. Boulware, II on 11/9/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JQC)
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| Filing 24 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Tiffany L. Powers and DESIGNATION of Local Counsel Riley A. Clayton (Filing fee $ 250 receipt number 0978-6692243) by Defendants LM General Insurance, LM Insurance Corporation, LM Property & Casualty Insurance Company, Liberty Mutual Group, Inc.. (Clayton, Riley) |
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Filing 23
ORDER Granting #22 Stipulation to Stay Discovery. Signed by Magistrate Judge Brenda Weksler on 8/13/2021. (Copies have been distributed pursuant to the NEF - JQC)
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| Filing 22 STIPULATION to Stay Discovery by Defendants LM General Insurance, LM Insurance Corporation, LM Property & Casualty Insurance Company, Liberty Mutual Group, Inc. (Clayton, Riley) |
| Filing 21 REPLY to Response to #18 Motion to Dismiss, by Defendants LM General Insurance, LM Insurance Corporation, LM Property & Casualty Insurance Company, Liberty Mutual Group, Inc.. (Clayton, Riley) |
| Filing 20 RESPONSE to #18 Motion to Dismiss, by Plaintiff Camille Fagan. Replies due by 6/28/2021. (Sharp, Matthew) |
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Filing 19
TRANSFER ORDER. IT IS ORDERED that 2:21-cv-00616-APG-NJK is transferred to District Judge Richard F. Boulware, II, and Magistrate Judge Brenda Weksler. IT IS FURTHER ORDERED that all documents shall be filed and shall bear the case number with District Judge Richard F. Boulware, II, and Magistrate Judge Brenda Weksler as assigned judges. Signed by Judge Andrew P. Gordon on 5/20/2021. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 18 MOTION to Dismiss by Defendants LM General Insurance, LM Insurance Corporation, LM Property & Casualty Insurance Company, Liberty Mutual Group, Inc.. Responses due by 6/4/2021. (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Clayton, Riley) |
| Filing 17 REPLY to #8 Notice of Related Cases by Plaintiff Camille Fagan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Eglet, Robert) |
| Filing 16 RESPONSE to #8 Notice of Related Cases by Defendants LM General Insurance, LM Insurance Corporation, LM Property & Casualty Insurance Company, Liberty Mutual Group, Inc.. (Clayton, Riley) |
| Filing 15 STATEMENT REGARDING REMOVAL by Defendants LM General Insurance, LM Insurance Corporation, LM Property & Casualty Insurance Company, Liberty Mutual Group, Inc.. (Clayton, Riley) |
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Filing 14
ORDER Granting #12 Verified Petition for Permission to Practice Pro Hac Vice Michael K. Farrell and approving Designation of Local Counsel Riley A. Clayton. Signed by Judge Andrew P. Gordon on 4/29/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JQC)
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Filing 13
ORDER Granting #11 Verified Petition for Permission to Practice Pro Hac Vice Daniel M. Kavouras and approving Designation of Local Counsel Riley A. Clayton. Signed by Judge Andrew P. Gordon on 4/29/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JQC)
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| Filing 12 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael K. Farrell and DESIGNATION of Local Counsel Riley A. Clayton (Filing fee $ 250 receipt number 0978-6467729) by Defendants LM General Insurance, LM Insurance Corporation, LM Property & Casualty Insurance Company, Liberty Mutual Group, Inc.. (Clayton, Riley) |
| Filing 11 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Daniel M. Kavouras and DESIGNATION of Local Counsel Riley A. Clayton (Filing fee $ 250 receipt number 0978-6467705) by Defendants LM General Insurance, LM Insurance Corporation, LM Property & Casualty Insurance Company, Liberty Mutual Group, Inc.. (Clayton, Riley) |
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Filing 10
ORDER Granting #9 Stipulation for Extension of Time. Motion to Dismiss due by 5/21/2021. Responses due by 6/21/2021. Replies due by 7/19/2021. Signed by Judge Andrew P. Gordon on 4/22/2021. (Copies have been distributed pursuant to the NEF - JQC) Modified text on 4/23/2021 (SLD).
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| Filing 9 STIPULATION FOR EXTENSION OF TIME (First Request) to Respond to Complaint and Adoption of Briefing Schedule re #1 Petition for Removal, by Defendants LM General Insurance, LM Insurance Corporation, LM Property & Casualty Insurance Company, Liberty Mutual Group, Inc. (Clayton, Riley) Modified on 4/22/2021 to link document pursuant to LR IC 2-2(d) (SLD). |
| Filing 8 NOTICE OF RELATED CASES 2:21-cv-00400 & 2-21-cv-00440 & 2-21-cv-00487 & 2-21-cv-00571 & 2-21-cv-00574 & 2-21-cv-00598-JCM-EJY & 2-21-cv-00613 by Plaintiff Camille Fagan. (Eglet, Robert) |
| Filing 7 SUMMONS Returned Executed by Camille Fagan. All Defendants. (Attachments: #1 Summons Affidavit of Service and Proof of Service of Summons LM Property and Casualty, #2 Summons Affidavit of Service and Proof of Service of Summons LM Ins Corp, #3 Summons Affidavit of Service and Proof of Service of Summons LM General) (Eglet, Robert) |
| Filing 6 DEMAND for Trial by Jury by Plaintiff Camille Fagan. (Sharp, Matthew) |
| Filing 5 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Michael K Farrell, Tiffany L. Powers to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 4/29/2021. (no image attached) (JQC) |
| Filing 4 STANDING ORDER. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - JQC) |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 4/15/2021. Statement regarding removed action is due by 4/30/2021. Joint Status Report regarding removed action is due by 5/15/2021. (Copies have been distributed pursuant to the NEF - JQC) |
| Filing 2 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Michael K. Farrell and Tiffany L. Powers to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 4/29/2021. (no image attached) (SLD) |
| Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Nancy J. Koppe. (JQC) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-21-892203-C, (Filing fee $ 402 receipt number 0978-6447950) by LM Insurance Corporation, LM General Insurance, LM Property & Casualty Insurance Company, Liberty Mutual Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (Clayton, Riley) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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