Fallis v. O'Neill et al
| Vicki Fallis |
| CSAA GENERAL INSURANCE COMPANY |
| 3:2024cv00592 |
| December 26, 2024 |
| U.S. District Court for the District of Nevada |
| Craig S Denney |
| Miranda M Du |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Auto Negligence |
| None |
Docket Report
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This docket was last retrieved on February 19, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 2/19/2025. After removal by Defendant Thomas O'Neill, the Court directed O'Neill to show cause why this case should not be remanded for lack of subject matter jurisdiction and/or improper removal because the Court's review of the petition for removal raised two concerns: an absence of diversity jurisdiction and lack of consent or joinder to removal by Defendant CSAA General Insurance Company. (ECF No. #11 .) In response, O'Neill suggested without explicitly stating that CSAA did not consent to removal. (ECF No. #13 at 2.) Plaintiff and O'Neill then resolved their dispute, leading to the Court granting their stipulation to dismiss Plaintiff's claims against O'Neill. (ECF No. #16 .) Because the record before the Court suggests CSAA did not consent to removal and has not made an appearance in this case, the Court orders the parties to show cause why the Court should not remand Plaintiff's claims against CSAA without prejudice to CSAA later removing the case as appropriate. Plaintiff and O'Neil must both, but separately, respond to this order to show cause by February 26, 2025, in written filings of five pages or less. (no image attached) (Copies have been distributed pursuant to the NEF - TH) |
Filing 16
ORDER granting #15 STIPULATION TO DISMISS WITH PREJUDICE as to Defendant Thomas ONeill only. Signed by Judge Miranda M. Du on 2/18/2025. (Copies have been distributed pursuant to the NEF - GA)
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| Filing 15 STIPULATION TO DISMISS WITH PREJUDICE by Defendant Thomas O'Neill. (Smith, Kelly) (dismiss) |
| Filing 14 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 1/16/2025. By Deputy Clerk: Karen Walker.The Court has reviewed the notice of settlement (ECF No. #12 ). The parties are directed to file the stipulation for dismissal or a joint status report within 30 days or by February 18, 2025. (no image attached) (Copies have been distributed pursuant to the NEF - KW) |
| Filing 13 RESPONSE to #11 Order to Show Cause,, by Defendant Thomas O'Neill. (Attachments: #1 Exhibit Defendant's Homeowner Policy)(Smith, Kelly) |
| Filing 12 NOTICE OF SETTLEMENT by Thomas O'Neill. (Smith, Kelly) |
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Filing 11
ORDER TO SHOW CAUSE - O'Neil must show cause why this case should not be remanded for lack of subject matter jurisdiction and/or improper removalby addressing the two concerns identified above - in a written submission of no more than ten pages excluding exhibits, within 15 days of the date of entry of this order (1/21/2025). It is further ordered that Fallis must file a reply to O'Neil's response to this show cause order within 15 days of O'Neil filing his response. Fallis' reply is also limited to ten pages excluding exhibits. Signed by Judge Miranda M. Du on 1/2/2025. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 10 STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - KW) |
| Filing 9 CLERK'S NOTICE that this case is randomly assigned to District Judge Miranda M. Du and Magistrate Judge Craig S. Denney for all further proceedings. (no image attached) (WJ) |
| Filing 8 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 7 CIVIL STANDING ORDER of U.S. Magistrate Judge Craig S. Denney. (Copies have been distributed pursuant to the NEF - HJ) |
| Filing 6 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Craig S. Denney on 12/30/2024. Statement regarding removed action is due by 1/14/2025. Joint Status Report regarding removed action is due by 1/29/2025. (Copies have been distributed pursuant to the NEF - DRM) |
| Filing 5 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.) (DRM) |
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Filing 4
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.) (DRM)
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| Filing 3 CERTIFICATE of Interested Parties by Vicki Fallis. There are no known interested parties other than those participating in the case (Dahan, Joshua) |
| Case randomly assigned to Magistrate Judge Craig S. Denney. (DRM) |
| Filing 2 CERTIFICATE of Interested Parties by Thomas O'Neill. There are no known interested parties other than those participating in the case (Smith, Kelly) |
| Filing 1 PETITION FOR REMOVAL from Second Judicial District Court of the State of Nevada, Case Number CV24-02457, (Filing fee $ 405 receipt number ANVDC-7906867) by Thomas O'Neill. Certificate of Interested Parties due by 1/5/2025. (Attachments: #1 Exhibit Exhibit A- Complaint, #2 Exhibit Exhibit B- Summons, #3 Exhibit Exhibit C- O'Neil's Driver's License, #4 Exhibit Exhibit D- CSAA, #5 Civil Cover Sheet) (Smith, Kelly) 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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| Defendant: CSAA GENERAL INSURANCE COMPANY | |
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| Plaintiff: Vicki Fallis | |
| Represented By: | Joshua Raphael Dahan |
| Represented By: | Richard A Harris |
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