ROACH v. ALLSTATE INSURANCE COMPANY et al
| ELIZABETH ROACH |
| ALLSTATE NEW JERSEY INSURANCE COMPANY, JOHN DOE (1-10) FICTITIOUS NAMES, JOHN DOE, INC. (1-10) FICTITIOUS NAMES, ALLSTATE INSURANCE COMPANY, JOHN DOE (1-10) and JOHN DOE, INC. (1-10) |
| 1:2023cv02210 |
| April 20, 2023 |
| US District Court for the District of New Jersey |
| Renee Marie Bumb |
| Elizabeth A Pascal |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal- Insurance Contract |
| Plaintiff |
Docket Report
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| Document Text |
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| Set Deadlines as to #11 MOTION to Dismiss the Insurance Fair Conduct Act Claim of Plaintiffs Complaint for Failure to State a Claim. Motion set for 7/3/2023 before Chief Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (alb, ) |
| Filing 11 MOTION to Dismiss the Insurance Fair Conduct Act Claim of Plaintiffs Complaint for Failure to State a Claim by ALLSTATE INSURANCE COMPANY. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Declaration of Jeffrey A. Carr, Esq., #3 Carr Declaration Exhibit A Wellness Pub v. Barefoot, #4 Carr Declaration Exhibit B Kanter ex rel. Estate of Schwartz, #5 Carr Declaration Exhibit C HSS Enters. LLC v. AMCO Ins. Co., #6 Carr Declaration Exhibit D Precision Door Co. v. Meridian Mut. Ins. Co., #7 Carr Declaration Exhibit E Veyhl v. State Farm Fire & Cas. Co., #8 Text of Proposed Order, #9 Certificate of Service)(CARR, JEFFREY) |
Filing 10
TEXT ORDER This matter comes before the Court upon the pre-motion letter submitted by Defendant Allstate Insurance Co. ("Allstate"), requesting a pre-motion conference regarding a proposed Motion to Dismiss, [Docket No. 7], and the response thereto filed by Plaintiff Elizabeth Roach [Docket No. 9]. Having read the submissions by the parties, the Court does not believe that a pre-motion conference would be productive at this time. Therefore, Allstate may proceed with filing its proposed motion if it so chooses. In their respective briefing, the parties shall address whether the alleged violation of the New Jersey Insurance Fair Conduct Act (IFCA), N.J.S.A. 17:29BB-1, as set forth in the Complaint [Docket No. 1-2], constitutes an ongoing offense, and if not, when the alleged violation occurred. So Ordered by Chief Judge Renee Marie Bumb on 05/25/2023. (Costigan, Roberta)
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| Filing 9 RESPONSE re #7 Letter. (BARRY, OLIVER) |
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Filing 8
TEXT ORDER This matter comes before the Court upon the pre-motion letter filed by Defendant Allstate New Jersey Insurance Company ("Allstate"). [Docket No. 1.] Plaintiff Elizabeth Roach failed to address Allstate's letter within seven (7) days as required by Rule I.A of this Courts Individual Rules and Procedures, available at https://www.njd.uscourts.gov/sites/njd/files/ProceduresJudgeReneeMarieBumb.pdf. It is hereby ORDERED that Plaintiff shall show cause before this Court by no later than 3 business days' date why she failed to timely respond AND why the relief Allstate seeks in its pre-motion letter should not be granted. If no response is filed, the Court will likely grant the relief the letter seeks. So Ordered by Chief Judge Renee Marie Bumb on 05/22/2023. (Costigan, Roberta)
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| Filing 7 Letter from Jeffrey A. Carr. (CARR, JEFFREY) |
| Filing 6 Diversity Disclosure Statement by ALLSTATE INSURANCE COMPANY. (CARR, JEFFREY) |
| Clerk`s Text Order - The Application for a Clerk's Order Extending Time to Answer - Document #5 submitted by ALLSTATE INSURANCE COMPANY on 4/20/2023 has been GRANTED. The answer due date has been set for 5/11/2023. (jab) |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (jab) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1, a disclosure statement is required to be filed by parties and intervenors in diversity actions to identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Such disclosure statements must be filed with the parties, intervenors or proposed intervenors first appearance, pleading, petition, motion, response or other request addressed to the Court. (jab) |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Attorney Information,Caption,Cause of Action,Party Information, . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jab) |
| Filing 5 Application and Proposed Order for Clerk's Order to extend time to answer as to The Complaint.. (CARR, JEFFREY) |
| Filing 4 NOTICE of Appearance by NICOLE E. CROSSEY on behalf of ALLSTATE NEW JERSEY INSURANCE COMPANY (CROSSEY, NICOLE) |
| Filing 3 NOTICE of Appearance by KRISTIN H. JONES on behalf of ALLSTATE NEW JERSEY INSURANCE COMPANY (JONES, KRISTIN) |
| Filing 2 Corporate Disclosure Statement by ALLSTATE NEW JERSEY INSURANCE COMPANY identifying Allstate Insurance Company,Allstate Insurance Holdings, LLC,The Allstate Corporation as Corporate Parent.. (CARR, JEFFREY) |
| Filing 1 NOTICE OF REMOVAL by ALLSTATE NEW JERSEY INSURANCE COMPANY from Superior Court of New Jersey, Law Division, Cape May, case number CPM-L-000095-23. ( Filing and Admin fee $ 402 receipt number ANJDC-14260354), filed by ALLSTATE NEW JERSEY INSURANCE COMPANY. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Certification Of Filing And Service)(CARR, JEFFREY) |
| Chief Judge Renee Marie Bumb and Magistrate Judge Elizabeth A. Pascal added. (tf, ) |
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