Montano et al v. USAA General Indemnity Company
Plaintiff: Thomas Montano and Rebecca Montano
Defendant: USAA General Indemnity Company
Case Number: 1:2024cv01190
Filed: November 22, 2024
Court: U.S. District Court for the District of New Mexico
Presiding Judge: Sarah M Davenport
Referring Judge: Steven C Yarbrough
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Insurance Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 20, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 20, 2025 Filing 17 CERTIFICATE OF SERVICE by Thomas Montano, Rebecca Montano Initial Disclosures (Smith, Ryne)
January 17, 2025 Filing 16 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Sarah M Davenport as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. District Judge David H. Urias no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp)
January 17, 2025 Filing 15 Joint Status Report and Provisional Discovery Plan by USAA General Indemnity Company (Kaselonis, Taryn)
January 2, 2025 Filing 14 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 9. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
December 16, 2024 Reset Deadlines/Hearings, pursuant to #13 Order: Joint Status Report due by 1/17/2025. Telephonic Scheduling Conference reset for 1/29/2025 at 10:30 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Steven C. Yarbrough. (gr)
December 16, 2024 Opinion or Order Filing 13 ORDER by Magistrate Judge Steven C. Yarbrough granting #12 Motion for Extension of Time. The Rule 16 scheduling conference is RESET for January 29, 2025 at 10:30 AM. (kfo)
December 16, 2024 Filing 12 Joint MOTION for Extension of Time to File Joint Status Report and Exchange Initial Disclosures by USAA General Indemnity Company. (Kaselonis, Taryn)
December 12, 2024 Filing 11 PLEASE TAKE NOTICE that this case has been reassigned to District Judge David H. Urias as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Kirtan Khalsa no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
December 6, 2024 Filing 10 Corporate Disclosure Statement by USAA General Indemnity Company identifying Corporate Parent United Services Automobile Association for USAA General Indemnity Company. (Kaselonis, Taryn)
November 29, 2024 Opinion or Order Filing 8 ORDER by Magistrate Judge Steven C. Yarbrough. The telephonic scheduling conference set for 1/9/2025 is VACATED and RESET for 1/22/2025 at 10:30 AM before Magistrate Judge Steven C. Yarbrough. The parties shall call Judge Yarbrough's WebEx Conference line at (855) 244-8681 [Access Code 2306 150 0346] to connect to the proceedings. When prompted for an Attendee ID number, press #. There may be a short wait before you are prompted for the Attendee ID number. All other deadlines and instructions in #5 Initial Scheduling Order are unchanged. (kfo)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
November 29, 2024 Opinion or Order Filing 7 ORDER by Magistrate Judge Steven C. Yarbrough. The federal rules require every party to file a disclosure statement as to its own citizenship. See Fed. R. Civ. P. 7.1(a)(2) ("In an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party or intervenor must, unless the court orders otherwise, file a disclosure statement. The statement must name -- and identify the citizenship of -- every individual or entity whose citizenship is attributed to that party or intervenor: when the action is filed in or removed to federal court."). Doc #3 Defendant's corporate disclosure statement does not identify its principal place of business. IT IS HEREBY ORDERED that Defendant file a corporate disclosure statement that fully complies with Rule 7.1(a)(2) no later than December 11, 2024. (kfo)
November 29, 2024 Filing 6 PLEASE TAKE NOTICE that this case has been reassigned to Magistrate Judge Steven C. Yarbrough as the pretrial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge John F. Robbenhaar no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
November 25, 2024 Opinion or Order Filing 5 INITIAL SCHEDULING ORDER: by Magistrate Judge John F. Robbenhaar. Joint Status Report due by 1/2/2025. Telephonic Scheduling Conference set for 1/9/2025 at 09:30 AM before Magistrate Judge John F. Robbenhaar. Counsel will call Judge Robbenhaar's Webex Teleconference Line at 855-244-8681, Access Code 2305 263 5509, to connect to the proceedings. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 12/16/2024. (ck)
November 22, 2024 Filing 4 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kirtan Khalsa to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (eh)
November 22, 2024 Filing 3 Corporate Disclosure Statement by USAA GENERAL INDEMNITY COMPANY identifying Corporate Parent United Services Automobile Association for USAA GENERAL INDEMNITY COMPANY. (Kaselonis, Taryn)
November 22, 2024 Filing 2 ANSWER to Complaint (Notice of Removal) by USAA GENERAL INDEMNITY COMPANY. (Kaselonis, Taryn)
November 22, 2024 Filing 1 NOTICE OF REMOVAL by USAA GENERAL INDEMNITY COMPANY from Second Judicial District Court, Bernalillo County, case number D-202-CV-2024-07418. ( Filing Fee - Online Payment), filed by USAA GENERAL INDEMNITY COMPANY. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Kaselonis, Taryn)
November 22, 2024 Filing and Administrative Fees Received: $ 405 receipt number ANMDC-9654011 re #1 Notice of Removal, filed by USAA GENERAL INDEMNITY COMPANY (Payment made via Pay.gov)(Kaselonis, Taryn)
November 22, 2024 United States Magistrate Judge Kirtan Khalsa and United States Magistrate Judge John F. Robbenhaar assigned. (eh)

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Plaintiff: Thomas Montano
Represented By: Ryne Smith
Represented By: Paul J. Kennedy
Represented By: Jessica M Hernandez
Represented By: Elizabeth Harrison
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Plaintiff: Rebecca Montano
Represented By: Ryne Smith
Represented By: Paul J. Kennedy
Represented By: Jessica M Hernandez
Represented By: Elizabeth Harrison
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Defendant: USAA General Indemnity Company
Represented By: Taryn M Kaselonis
Represented By: Pablo Andres Seifert
Represented By: Courtenay L Keller
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