Swenson v. American Alternative Insurance Corporation et al
| Olivia Swenson |
| American Alternative Insurance Corporation, PersonalUmbrella.com Insurance Services, Inc. and PersonalUmbrella.com Insurance Services Inc. of NV |
| 2:2022cv00887 |
| June 3, 2022 |
| US District Court for the District of Nevada |
| Nancy J Koppe |
| Gloria M Navarro |
| Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Insurance Contract |
| Both |
Docket Report
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| Filing 30 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 7/28/2022. Pending before the Court is a proposed discovery plan. Docket No. 29. Although the discovery cutoff is correctly calculated at 180 days, a number of the other deadlines are not correctly calculated based on that discovery cutoff, including the initial expert disclosure deadline, the rebuttal expert disclosure deadline, the dispositive motion deadline, and the joint proposed pretrial order deadline. Moreover, the discovery plan includes a deadline for an interim status report, even though that requirement was dropped in the local rules more than two years ago. Lastly, the discovery plan states that Local Rule 26-4 governs extension requests, when that rule is currently located at Local Rule 26-3. Counsel must carefully review the operative local rules and their submissions to the Court. A renewed discovery plan must be filed by August 3, 2022. IT IS SO ORDERED.(Copies have been distributed pursuant to the NEF - TM) |
| Filing 29 First Stipulated Discovery Plan and Scheduling Order by Plaintiff Olivia Swenson.. (Blankenship, Brian) |
| Filing 28 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 7/26/2022. Pending before the Court is a proposed discovery plan, in which counsel for one party claims insufficient time to have reviewed the discovery plan and a reservation of rights to object in the future. Docket No. 27 at 2 n.1. The propose discovery plan is DENIED without prejudice. Counsel must immediately confer with his client about the discovery plan. A renewed discovery plan must be filed by July 27, 2022. IT IS SO ORDERED.(Copies have been distributed pursuant to the NEF - TM) |
| Filing 27 First Stipulated Discovery Plan and Scheduling Order by Plaintiff Olivia Swenson.. (Blankenship, Brian) |
| Filing 26 REPLY to Response to #17 Motion to Dismiss, by Defendants PersonalUmbrella.com Insurance Services Inc. of NV, PersonalUmbrella.com Insurance Services, Inc.. (Attachments: #1 Exhibit 4)(Hogue, Michael) |
| Filing 25 REPLY to Response to #18 Motion to Remand to State Court by Plaintiff Olivia Swenson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Blankenship, Brian) |
| Filing 24 REPLY to Response to #18 Motion to Remand to State Court by Plaintiff Olivia Swenson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Blankenship, Brian) |
| Filing 23 RESPONSE to #17 Motion to Dismiss, by Plaintiff Olivia Swenson. Replies due by 7/22/2022. (Attachments: #1 Exhibit, #2 Exhibit)(Blankenship, Brian) |
| Filing 22 RESPONSE to #18 Motion to Remand to State Court by Defendants PersonalUmbrella.com Insurance Services Inc. of NV, PersonalUmbrella.com Insurance Services, Inc.. Replies due by 7/22/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hogue, Michael) |
| Filing 21 RESPONSE to #18 Motion to Remand to State Court by Defendant American Alternative Insurance Corporation. Replies due by 7/22/2022. (Attachments: #1 Declaration of Jeffrey Labovitch ISO AAIC's Opposition to Motion to Remand, #2 Exhibit A, #3 Exhibit B)(Labovitch, Jeffrey) |
| Filing 20 ANSWER to #15 Amended Complaint filed by American Alternative Insurance Corporation.(Labovitch, Jeffrey) |
| Filing 19 NOTICE of Association of Counsel by Jerrell L. Berrios on behalf of Defendants PersonalUmbrella.com Insurance Services Inc. of NV, PersonalUmbrella.com Insurance Services, Inc.. (Berrios, Jerrell) |
| Filing 18 First MOTION to Remand to State Court by Plaintiff Olivia Swenson. Responses due by 7/15/2022. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Blankenship, Brian) |
| Filing 17 MOTION to Dismiss #15 Amended Complaint by Defendants PersonalUmbrella.com Insurance Services Inc. of NV, PersonalUmbrella.com Insurance Services, Inc.. Responses due by 7/15/2022. (Attachments: #1 Exhibit 1 -- Letter dated October 7, 2020, #2 Exhibit 2 -- Letter dated July 23, 2021, #3 Exhibit 3 -- Policy in effect on September 18, 2017) (Hogue, Michael) |
| Filing 16 Joint STATUS REPORT by Defendant American Alternative Insurance Corporation. (Labovitch, Jeffrey) |
| Filing 15 AMENDED COMPLAINT with Jury Demand against All Defendants by Olivia Swenson. No changes to parties. (Claggett, Sean) |
| Filing 14 STATEMENT REGARDING REMOVAL by Defendant American Alternative Insurance Corporation. (Labovitch, Jeffrey) |
| Filing 13 CERTIFICATE of Interested Parties by Olivia Swenson. There are no known interested parties other than those participating in the case (Blankenship, Brian) |
| Filing 12 Notice Stricken by Clerk. Account was cross linked with another attorney. CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #11 was not filed pursuant to LR IC 5-1(b) by attorneys Sara Thorpe and Timothy P. Kitt. Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. Do not refile document. (no image attached) (SLD) Modified on 7/27/2022 (DRS). |
| Filing 11 ANSWER to Complaint filed by American Alternative Insurance Corporation. Discovery Plan/Scheduling Order due by 7/25/2022.(Kitt,Timothy Thorpe, Sara) 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. Modified filing attorney's name on 6/13/2022 - attorney's account incorrectly linked with Sara Thorpe (SLD). |
| Filing 10 NOTICE of Corrected Image/Document re #8 Motion to Dismiss, by Defendants PersonalUmbrella.com Insurance Services Inc. of NV, PersonalUmbrella.com Insurance Services, Inc.. (Service of corrected image is attached.) (Attachments: #1 Exhibit 1 -- Letter from Claggett & Sykes dated October 7, 2020, #2 Exhibit 2 -- Letter from Claggett & Sykes dated July 23, 2021, #3 Exhibit 3 -- Policy in effect on September 18, 2017) (Hogue, Michael) |
| Filing 9 CERTIFICATE of Interested Parties by PersonalUmbrella.com Insurance Services Inc. of NV, PersonalUmbrella.com Insurance Services, Inc.. There are no known interested parties other than those participating in the case (Hogue, Michael) |
| Filing 8 VIEW Corrected Imag #10 re: MOTION to Dismiss #1 Petition for Removal,, by Defendants PersonalUmbrella.com Insurance Services Inc. of NV, PersonalUmbrella.com Insurance Services, Inc.. Responses due by 6/24/2022. (Attachments: #1 Exhibit 1 -- Letter from Claggett & Sykes dated October 7, 2020, #2 Exhibit 2 -- Letter from Claggett & Sykes dated July 23, 2021, #3 Exhibit 3 -- Policy in effect on September 18, 2017) (Hogue, Michael) Modified on 6/13/2022 (SLD). |
| Filing 7 CERTIFICATE OF SERVICE for #2 Certificate of Interested Parties, #1 Petition for Removal,, by Defendant American Alternative Insurance Corporation. (Labovitch, Jeffrey) |
| Filing 6 NOTICE of Consent to Removal by PersonalUmbrella.com Insurance Services Inc. of NV, PersonalUmbrella.com Insurance Services, Inc. re #1 Petition for Removal,,. (Hogue, Michael) |
| Filing 5 ERROR: Document terminated - entered in error. Attorney Timothy P. Kitt is a member of the Nevada State Bar. No further action is required. NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Timothy P Kitt 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 PACER website www.pacer.gov to register Attorney. Verified Petition due by 6/17/2022. (no image attached) The Clerk requests Jeffrey N. Labovitch notify Mr Kitt of this Notice. (DRS) Modified on 6/6/2022 (SLD). |
| Filing 4 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 6/3/2022. Statement regarding removed action is due by 6/18/2022. Joint Status Report regarding removed action is due by 7/3/2022. (Copies have been distributed pursuant to the NEF - DRS) |
| Filing 3 STANDING ORDER. This case has been assigned to the Honorable Judge Gloria M. Navarro. Judge Navarro'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 - DRS) |
| Filing 2 CERTIFICATE of Interested Parties by American Alternative Insurance Corporation that identifies all parties that have an interest in the outcome of this case. Corporate Parent Munich-American Holding Corporation, Corporate Parent Munich Re America Corporation, Corporate Parent Munich Reinsurance Company for American Alternative Insurance Corporation added. (Labovitch, Jeffrey) |
| Filing 1 PETITION FOR REMOVAL from District Court of Clark County, Case Number A-22-849592-C, (Filing fee $ 402 receipt number ANVDC-6927332) by American Alternative Insurance Corporation. (Attachments: #1 Civil Cover Sheet, #2 Declaration of Jeffrey N. Labovitch, #3 Exhibit A to Declaration of Jeffrey N. Labovitch, #4 Exhibit B to Declaration of Jeffrey N. Labovitch) (Labovitch, Jeffrey) 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. |
| Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Nancy J. Koppe. (DRS) |
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Attorney update in case: Attorney Timothy P Kitt and Kevin E. Helm for American Alternative Insurance Corporation added. |
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