Conerly v. Liberty Mutual Insurance Company
| Evelyn Conerly |
| Liberty Mutual Insurance Company, Safeco Insurance Company and LM General Insurance Company |
| 2:2023cv00515 |
| April 7, 2023 |
| US District Court for the District of Nevada |
| Gloria M Navarro |
| Elayna J Youchah |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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| Filing 17 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 6/3/2023. Pending before the Court is the #6 Motion to Dismiss filed by Defendant Liberty Mutual Insurance Company ("Defendant"). On May 25, 2023, the Court entered the 11 Order requiring Defendant to show cause why the #6 Motion to Dismiss should not be dismissed for failure to effectuate proper service on Plaintiff Evelyn Conerly ("Plaintiff"). On June 1, 2023, Defendant filed the #16 Response, explaining that on May 26, 2023, it effectuated service of the #6 Motion to Dismiss on Plaintiff's counsel, and provided an exhibit reflecting Plaintiff's receipt of the Motion. In light of Defendant's #16 Response, the Court will not strike the #6 Motion to Dismiss. However, out of an abundance of caution, the Court will extend Plaintiff's deadline to file a Response to the #6 Motion to Dismiss until June 9, 2023, fourteen days after service was completed on May 26, 2023. Accordingly, it is HEREBY ORDERED that Plaintiff's Response to Defendant's #6 Motion to Dismiss is due by Friday, June 9, 2023.(Copies have been distributed pursuant to the NEF - JD) |
| Filing 16 NOTICE of Corrected Image/Document re #15 Response by Defendant Liberty Mutual Insurance Company. (Service of corrected image is attached.). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Grames, Cheryl) |
| Filing 15 View Corrected Image #16 as to RESPONSE to 11 Minute Order by Defendant Liberty Mutual Insurance Company. (Grames, Cheryl) Modified on 6/2/2023 (EDS). |
| Filing 14 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 6/1/2023. By Law Clerk: C. Ponder. It has come to the attention of the Court that the parties have failed to file a proposed discovery plan and scheduling order in accordance with United States District Court for the District of Nevada Local Rule 26-1. Accordingly, IT IS HEREBY ORDERED that the parties must, within 14 days of the date of this Order, file either a joint proposed discovery plan and scheduling order or a stipulation to stay discovery pending the outcome of Plaintiff's Motion to Remand. (no image attached) (Copies have been distributed pursuant to the NEF - CMP) |
| Filing 13 RESPONSE to #10 Motion to Remand to State Court by Defendant Liberty Mutual Insurance Company. Replies due by 6/6/2023. (Jackson, Chenelle) |
| Filing 12 CERTIFICATE OF SERVICE for #6 Motion to Dismiss by Defendant Liberty Mutual Insurance Company.. (Jackson, Chenelle) |
| Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 5/25/2023. Pending before the Court is Defendant Liberty Mutual Insurance Company's ("Defendant") #6 Motion to Dismiss. Pursuant to Fed. R. Civ. P. 5(a)(1), a party filing a pleading, motion, or other paper must serve it on all parties to a case. Defendant has not demonstrated that it effectuated proper service of the #6 Motion to Plaintiff Evelyn Conerly ("Plaintiff"). (See generally Mot. Dismiss, ECF No. #6 ). Specifically, Plaintiff's [1-1] Complaint and the parties #9 Joint Status Report provides that Plaintiff's attorney is Laura Payne ("Ms. Payne"), whose email address is admin@theonelawyer.com. However, the docket currently reflects that Plaintiff is represented by Laura M. Hunt, whose email is lhuntlaw@cox.next. Defendant's representation it properly served the #6 Motion to Dismiss via the Courts CM/ECF system cannot be verified until Ms. Paynes contact information is confirmed. Further, Local Rule IA 3-1 provides "an attorney... party must immediately file with the court written notification of any chance of mailing address, email address, telephone number, or facsimile number." The Court advises Ms. Payne that it is her obligation to immediately notify the Court of any change in her contact information. Accordingly, IT IS HEREBY ORDERED that Defendant show cause as to why the Court should not strike the #6 Motion for failure to properly serve it to Plaintiff. Defendant shall have until June 1, 2023, to file a brief, not to exceed ten pages, addressing the Court's concern regarding failure to properly serve the #6 Motion to Plaintiff. Proof of service of the #6 Motion to Plaintiff will demonstrate compliance with this Order. Failure to comply with this Order will result in the #6 Motion being stricken from the docket. See D. Nev. LR 5-1(b).(Copies have been distributed pursuant to the NEF - JD) |
| Filing 10 First MOTION to Remand to State Court by Plaintiff Evelyn Conerly. Responses due by 5/30/2023. (Payne, Laura) |
| Filing 9 Joint STATUS REPORT by Defendant Liberty Mutual Insurance Company.. (Jackson, Chenelle) |
| Filing 8 STATEMENT REGARDING REMOVAL by Defendant Liberty Mutual Insurance Company.. (Attachments: #1 Exhibit A)(Carlson, Jonathan) |
| Filing 7 NOTICE of Appearance by attorney Chenelle Jackson on behalf of Defendant Liberty Mutual Insurance Company. (Jackson, Chenelle) |
| Filing 6 MOTION to Dismiss by Defendant Liberty Mutual Insurance Company. Responses due by 4/28/2023. (Carlson, Jonathan) |
| Filing 5 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 4/10/2023. Statement regarding removed action is due by 4/25/2023. Joint Status Report regarding removed action is due by 5/10/2023. (Copies have been distributed pursuant to the NEF - KF) |
| Filing 4 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 - KF) |
| Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Elayna J. Youchah. (KF) |
| Filing 3 CERTIFICATE of Interested Parties by Liberty Mutual Insurance Company that identifies all parties that have an interest in the outcome of this case. Corporate Parent LMHC Massachusetts Holdings Inc., Corporate Parent Liberty Mutual Holding Company Inc., Corporate Parent Liberty Mutual Group Inc. for Liberty Mutual Insurance Company added. (Carlson, Jonathan) |
| Filing 2 DEMAND for Trial by Jury by Defendant Liberty Mutual Insurance Company. (Carlson, Jonathan) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court Clark County Nevada, Case Number A-23-866339-C, (Filing fee $ 402 receipt number ANVDC-7260108) by Liberty Mutual Insurance Company. Certificate of Interested Parties due by 4/17/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet) (Carlson, Jonathan) 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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