Rizzi v. State Farm Mutual Automobile Insurance Company
| Kevin Rizzi |
| State Farm Mutual Automobile Insurance Company |
| 2:2024cv00952 |
| May 21, 2024 |
| US District Court for the District of Nevada |
| Gloria M Navarro |
| Elayna J Youchah |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on July 18, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 36 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 7/18/2024. By Law Clerk: C. Denbow Pending before the Court is Defendant's Proposed Discovery Plan and Scheduling Order (ECF No. #35 ). Defendant contends Plaintiff refused to participate in the preparation of the same. Under Local Rule 26-1(a) a "pro se plaintiff must initiate the scheduling of the conference required by Fed. R. Civ. P. 26(f) to be held within 30 days after the first defendant answers or otherwise appears. Fourteen days after the mandatory Fed. R. Civ. P. 26(f) conference, the parties must submit a stipulated discovery plan and scheduling order." Plaintiff, who is proceeding pro se, is obligated to participate in the submission of a stipulated discovery plan and scheduling order.Accordingly, IT IS HEREBY ORDERED that Plaintiff must file with the Court, no later than July 26, 2024, a notice stating whether he agrees to the discovery plan and scheduling order proposed by Defendant and if he does not agree, what plan and order he proposes instead. Plaintiff's submission must be no more than five (5) pages in length excluding the certificate of service. IT IS FURTHER ORDERED that if Plaintiff fails to submit a timely notice as required by this Order, the Court will automatically adopt Defendant's proposed discovery plan and scheduling order. (no image attached) (Copies have been distributed pursuant to the NEF - CMD) |
| Filing 35 Proposed Proposed Discovery Plan and Scheduling Order by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A - Communications with Plaintff)(Dennett, Ryan) |
| Filing 34 RESPONSE to #22 Motion for Partial Summary Judgment by Defendant State Farm Mutual Automobile Insurance Company. Replies due by 7/31/2024. (Dennett, Ryan) |
| Filing 33 SUPPLEMENT to #6 Motion to Remand to State Court Supplemental Briefing in Response to Court Directive Regarding Opposition to Plaintiff's Motion to Remand by Defendant State Farm Mutual Automobile Insurance Company (Dennett, Ryan) |
| Filing 32 RESPONSE to #17 Motion for Partial Summary Judgment by Defendant State Farm Mutual Automobile Insurance Company. Replies due by 7/26/2024. (Dennett, Ryan) |
| Filing 31 RESPONSE to #24 Motion to Change Venue/Transfer by Defendant State Farm Mutual Automobile Insurance Company. Replies due by 7/17/2024. (Dennett, Ryan) |
| Filing 30 RESPONSE to #21 Motion for Recusal of Judge by Defendant State Farm Mutual Automobile Insurance Company. Replies due by 7/17/2024. (Dennett, Ryan) |
| Filing 29 RESPONSE to #18 Notice (Other) by Defendant State Farm Mutual Automobile Insurance Company. (Dennett, Ryan) |
| Filing 28 RESPONSE to #13 Motion for Summary Judgment by Defendant State Farm Mutual Automobile Insurance Company. Replies due by 7/17/2024. (Dennett, Ryan) |
| Filing 27 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 7/1/2024. On May 22, 2024, Plaintiff filed the #6 Motion to Remand to State Court. The Court finds that even after liberally construing the complaint in favor of the pro se plaintiff, the complaint alleges only a denial of the comprehensive insurance coverage claim for a stolen 2001 Toyota Camry Solara, not for liability insurance for a 2014 Bentley. Accordingly, for the Court to determine jurisdiction, Defendant shall have until July 15, 2024, to provide the court with the value of Plaintiff's Toyota which he would have been entitled to under the insurance policy if his claim had not been denied.(Copies have been distributed pursuant to the NEF - SKV) |
| Filing 26 USCA ORDER for Time Schedule as to #23 Notice of Appeal, filed by Kevin Rizzi. USCA Case Number 24-3993. (Copies have been distributed pursuant to the NEF - RJDG) |
| Filing 25 USCA, Ninth Circuit Appellate Case Number 24-3993 assigned to #23 Notice of Appeal. (no image attached) (RJDG) |
| Filing 24 MOTION to Change Venue or Transfer. Responses due by 7/10/2024. (ALZ) |
| Filing 23 NOTICE OF APPEAL re 19 Minute Order by Plaintiff Kevin Rizzi. Filing fee $ 605 (NOT PAID). E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. Designation of Transcripts and Transcript Order forms and instructions for appeal can be found on the Court's website at #www.nvd.uscourts.gov. (ALZ) |
| Filing 22 EMERGENCY MOTION for Partial Summary Judgment by Plaintiff Kevin Rizzi. Responses due by 7/17/2024. (ALZ) |
| Filing 21 MOTION for Recusal of Judge by Plaintiff Kevin Rizzi. Responses due by 7/10/2024. (ALZ) (Main Document 21 replaced on 6/28/2024) (ALZ). |
| Filing 20 AFFIDAVIT and Notice for Recusal of Judge by Plaintiff Kevin Rizzi. (ALZ) |
| Filing 19 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 6/24/2024. Pending before the Court is the #17 Emergency Motion for Partial Summary Judgment, filed by Plaintiff Kevin Rizzo. Pursuant to Local Rule 7-4, "[w]ritten requests for judicial assistance in resolving an emergency dispute must be titled 'Emergency Motion' and be accompanied by a declaration setting forth the nature of the emergency." See D. Nev. Local R. 7-4(a)(1). Plaintiff fails to allege an independent basis for the emergency, stating only that "there are no genuine issues for material fact regarding the Defendants liability under the insurance policy for the stolen vehicle claim" and that the Oakland Police Department and State Farm have "acknowledged the theft, confirmed coverage, and verified the total loss." (Emergency Motion 1:26-2:2, ECF No. #17 ). Because Plaintiff fails to present an independent emergency basis for the #17 Motion, the Court will rule on the #17 Motion in the ordinary course.(Copies have been distributed pursuant to the NEF - SKV) |
| Filing 18 NOTICE of ImproperConduct and Bad Faith by Kevin Rizzi. (ALZ) |
| Filing 17 EMERGENCY MOTION for Partial Summary Judgment by Plaintiff Kevin Rizzi. Responses due by 7/13/2024. (Attachments: #1 Proposed Order, #2 Certificate, #3 Affidavit)(ALZ) Modified on 6/24/2024 (ALZ). |
| Filing 16 RESPONSE to #13 Motion for Summary Judgment by Plaintiff Kevin Rizzi. Replies due by 7/6/2024. (ALZ) |
| Filing 15 STATUS REPORT -Pltff Refused to sign by Defendant State Farm Mutual Automobile Insurance Company. (Dennett, Ryan) |
| Filing 14 RESPONSE to #12 Motion by Defendant State Farm Mutual Automobile Insurance Company. Replies due by 6/26/2024. (Attachments: #1 Exhibit A - Notice of Removal)(Dennett, Ryan) |
| Filing 13 MOTION for Summary Judgment by Plaintiff Kevin Rizzi. Responses due by 7/4/2024. (Attachments: #1 Notice, #2 Certificate, #3 Affidavit)(ALZ) |
| Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Elayna J. Youchah. (HAM) |
| Filing 12 MOTION for miscellaneous relief by Plaintiff Kevin Rizzi. Responses due by 6/25/2024. (ALZ) Modified on 6/17/2024 (HAM). |
| Filing 11 STATEMENT REGARDING REMOVAL by Defendant State Farm Mutual Automobile Insurance Company. (Dennett, Ryan) |
| Filing 10 RESPONSE to #6 Motion to Remand to State Court by Defendant State Farm Mutual Automobile Insurance Company. Replies due by 6/6/2024. (Attachments: #1 Exhibit A - Complaint)(Dennett, Ryan) |
| Filing 9 DEMAND for Trial by Jury by Defendant State Farm Mutual Automobile Insurance Company. (Dennett, Ryan) |
| Filing 8 Defendant's ANSWER with Jury Demand re #1 Petition for Removal,, Exhibit A - Complaint filed by State Farm Mutual Automobile Insurance Company. Certificate of Interested Parties due by 6/7/2024. Discovery Plan/Scheduling Order due by 7/12/2024.(Dennett, Ryan) 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 on 6/13/2024 (HAM). |
| Filing 7 NOTICE to Clerk of Court regarding assignment of case to Magistrate Judge. (The attached document is restricted to the Office of the Clerk and is not viewable. The filer of this document is also restricted. See General Orders 2023-11 and 2023-12.) |
| Filing 5 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 5/23/2024. Statement regarding removed action is due by 6/7/2024. Joint Status Report regarding removed action is due by 6/22/2024. (Copies have been distributed pursuant to the NEF - CT) |
| Filing 4 OPTION TO DECLINE MAGISTRATE JUDGE OVERSEEING YOUR CASE. The attached form must be filed in the docket or received by the Clerk within 21 days of your first appearance in the case should you choose to decline consent. (A copy of the form has been mailed to parties not receiving electronic service.) (CT) |
Filing 3
GENERAL ORDER 2023-11 IN RE: CONSENT AND REFERRALS TO UNITED STATES MAGISTRATE JUDGES UNDER 28 U.S.C. 636. (A copy of the General Order has been mailed to parties not receiving electronic service.) (CT)
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| Filing 6 MOTION to Remand to State Court by Plaintiff Kevin Rizzi. Responses due by 6/5/2024. (Attachments: #1 Proposed Order, #2 Memorandum, #3 Certificate of Service)(ALZ) |
| Case randomly assigned to Magistrate Judge Elayna J. Youchah. (CT) |
| Filing 2 CERTIFICATE of Interested Parties by State Farm Mutual Automobile Insurance Company. There are no known interested parties other than those participating in the case (Dennett, Ryan) |
| Filing 1 PETITION FOR REMOVAL from 8th Judicial District Court, Case Number A-24-889844-C, (Filing fee $ 405 receipt number ANVDC-7693121) by State Farm Mutual Automobile Insurance Company. Certificate of Interested Parties due by 5/31/2024. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Proof of Service, #3 Civil Cover Sheet Civil Cover Sheet) (Dennett, Ryan) 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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| Plaintiff: Kevin Rizzi | |
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| Defendant: State Farm Mutual Automobile Insurance Company | |
| Represented By: | Ryan L Dennett |
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