NINTZEL et al v. USAA CASUALTY INSURANCE COMPANY
| GARRETT NINTZEL and KELSEY NINTZEL |
| USAA CASUALTY INSURANCE COMPANY |
| 1:2024cv00705 |
| August 21, 2024 |
| U.S. District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| WILLIAM L OSTEEN |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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| NOTICE to Counsel: Counsel shall comply with the assigned magistrate judge's working copies preference for filing non-dispositive motions and briefs including discovery matters as seen at https://www.ncmd.uscourts.gov/sites/ncmd/files/JudPref.pdf. (cc) |
| Set Scheduling Order Deadlines: Discovery shall be established as Standard. Discovery due by 4/15/2025. Mediation should be conducted midway in the discovery period, the exact date to be set by the mediator after consultation with the parties. The parties agree that the mediator shall be Tom Duncan. Plaintiffs' Amended Pleadings due by 12/15/2024. Defendant's Amended Pleadings due by 12/15/2024. Joinder of Parties for Plaintiff due by 12/15/2024. Joinder of Parties for Defendant due by 12/15/2024. The parties have discussed special procedures for managing this case, including reference of the case to a Magistrate Judge on consent of the parties under 28 U.S.C. 636(c), or appointment of a master. Trial of the action is expected to take approximately three (3) days. A jury trial has been demanded. (cc) |
| TEXT ORDER adopting #12 L.R. 5.5 Report. Issued by MAG/JUDGE L. PATRICK AULD on 10/17/2024. (AULD, L.) |
| TEXT ORDER adopting #11 Joint Rule 26(f) Report, with the following clarification: the deadlines in Paragraph 5.a. for motions for leave to amend pleadings or to add parties is 12/15/2024 (not 2025). Issued by MAG/JUDGE L. PATRICK AULD on 10/17/2024. (AULD, L.) |
| Motions Referred: RE: #11 Rule 26(f) Report (Joint) filed by all parties, #12 L.R. 5.5 Report-Joint filed by all parties, to MAG/JUDGE L. PATRICK AULD (kg) |
| Filing 12 L.R. 5.5 Report-Joint filed by all parties by USAA CASUALTY INSURANCE COMPANY.(HAWKINS, AMANDA) |
| Filing 11 Rule 26(f) Report (Joint) filed by all parties by USAA CASUALTY INSURANCE COMPANY.(HAWKINS, AMANDA) Modified on 10/17/2024 requested parties position as to Mag/Judge (kg). |
| Filing 10 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 10/28/2024 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (kg) |
| Filing 9 ANSWER to #6 Complaint, by USAA CASUALTY INSURANCE COMPANY. (HAWKINS, AMANDA) |
| Filing 8 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form)(kag) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (kag) |
| Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE L. PATRICK AULD. (kag) |
| Filing 7 Summons Issued as to USAA CASUALTY INSURANCE COMPANY. (State Court document originally filed in Orange County Superior Court, case number 24CV002094-670, issued on 06/28/2024, listed as Exhibit A to the #1 Petition for Removal). (kag) |
| Filing 6 COMPLAINT against USAA CASUALTY INSURANCE COMPANY, filed by GARRETT NINTZEL, KELSEY NINTZEL. (State Court document originally filed in Orange County Superior Court, case number 24CV002094-670, listed as Exhibit B to the #1 Petition for Removal). (kag) |
| Filing 5 NOTICE of Attorney Appearance by attorney BENJAMIN R. NORMAN on behalf of Defendant USAA CASUALTY INSURANCE COMPANY (NORMAN, BENJAMIN) |
| Filing 4 NOTICE by USAA CASUALTY INSURANCE COMPANY Civil Cover Sheet (HAWKINS, AMANDA) |
| Filing 3 NOTICE of Attorney Appearance by attorney AMANDA S. HAWKINS on behalf of Defendant USAA CASUALTY INSURANCE COMPANY (HAWKINS, AMANDA) |
| Filing 2 Corporate Disclosure Statement identifying Corporate Parent UNITED SERVICES AUTOMOBILE ASSOCIATION for USAA CASUALTY INSURANCE COMPANY.. (HAWKINS, AMANDA) |
| Filing 1 PETITION FOR REMOVAL against All Plaintiffs ( Filing fee $ 405 receipt number ANCMDC-3897878.), filed by USAA CASUALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Summons, #2 Exhibit B - Complaint, #3 Exhibit C - USPS Proof of Delivery, #4 Exhibit D - State Court Notice, #5 Exhibit E - Declaration of Dylan T. Burch)(HAWKINS, AMANDA) |
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