United Services Automobile Association v. Rod et al
Plaintiff: United States Automobile Association and United Services Automobile Association
Defendant: Paul Ellington, Daniel Tyler and Erik S. Rod
Case Number: 1:2021cv00008
Filed: January 19, 2021
Court: US District Court for the District of North Dakota
Presiding Judge: Clare R Hochhalter
Referring Judge: Daniel L Hovland
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 17, 2021 Opinion or Order Filing 27 (Text Only) ORDER by Judge Daniel L. Hovland finding as moot #8 Motion to Dismiss for Lack of Jurisdiction; finding as moot #22 Motion to Dismiss. (LJH)
March 17, 2021 Opinion or Order Filing 26 ORDER Adopting #21 Notice of Voluntary Dismissal by Judge Daniel L. Hovland.(LJH) Modified on 3/17/2021 to correct docket text. Regenerated NEF (mf).
March 17, 2021 Filing 25 AMENDED NOTICE of Voluntary Dismissal by United Services Automobile Association (Boschee, Larry) (Main Document 25 replaced on 3/17/2021 to remove blank page and to correct docket text) Regenerated on 3/17/2021 (mf).
March 17, 2021 Civil Case Terminated. (mf)
March 16, 2021 Filing 24 CERTIFICATE OF SERVICE by Daniel Tyler re #23 MEMORANDUM in Support, #22 MOTION to Dismiss Rule 12(b)(1),(2),(3),(5),(6) upon ECF and non-ECF parties (Larson, Shelby)
March 16, 2021 Filing 23 MEMORANDUM in Support re #22 MOTION to Dismiss Rule 12(b)(1),(2),(3),(5),(6) filed by Daniel Tyler. (Larson, Shelby)
March 16, 2021 Filing 22 MOTION to Dismiss Rule 12(b)(1),(2),(3),(5),(6) by Daniel Tyler. (Larson, Shelby)
March 16, 2021 Filing 21 NOTICE of Voluntary Dismissal by United Services Automobile Association (Boschee, Larry)
March 5, 2021 Filing 20 CLERK'S ENTRY OF DEFAULT as to Erik S. Rod, Daniel Tyler (cjs)
March 5, 2021 DOCKET CORRECTION re: #17 Motion for Default Judgment. Corrected motion relief from Motion for Default Judgment to Motion for Entry of Default Judgment. (cjs)
March 4, 2021 Opinion or Order Filing 19 (Text Only) ORDER REASSIGNING CASE to Judge Daniel L. Hovland, as presiding judge, and Magistrate Judge Clare R. Hochhalter, as referral judge, for all further proceedings by Chief Judge Peter D. Welte. Magistrate Judge Clare R. Hochhalter no longer assigned as presiding judge. (cjs)
March 4, 2021 Filing 18 AFFIDAVIT in Support of USAA's Request for Entry of Default Against Defendants Erik S Rod and Daniel Tyler re #17 MOTION for Entry of Default Judgment by United Services Automobile Association. (Boschee, Larry)
March 4, 2021 Filing 17 MOTION for Entry of Default Judgment by United Services Automobile Association. (Boschee, Larry) Modified on 3/5/2021 to correct motion relief (cjs).
March 4, 2021 Filing 15 CONSENT/REASSIGNMENT FORM by United Services Automobile Association. (cjs)
March 4, 2021 DOCKET CORRECTION re: #11 Acknowledgment of Service. Wrong event selected/Duplicate pleading. Clerk's office restricted access to document. Documents #12 and #13 Acknowledgments of Service. Wrong event selected. Clerk's office restricted access to documents and re-filed as Summons Return Executed at #14 and #16 . (jb)
March 3, 2021 Filing 16 SUMMONS Returned Executed by United Services Automobile Association. Daniel Tyler served on 1/28/2021, answer due 2/18/2021 (jb)
March 3, 2021 Filing 14 SUMMONS Returned Executed by United Services Automobile Association. Erik S. Rod served on 2/1/2021, answer due 2/22/2021 (jb)
March 3, 2021 Filing 13 *RESTRICTED - WRONG EVENT SELECTED* ACKNOWLEDGMENT OF SERVICE Executed as to #4 Amended Complaint, filed by United Services Automobile Association. Daniel Tyler served on 1/28/2021, answer due 2/18/2021. (Boschee, Larry) Modified on 3/4/2021 to restrict access. (jb)
March 3, 2021 Filing 12 *RESTRICTED - WRONG EVENT SELECTED* ACKNOWLEDGMENT OF SERVICE Executed as to #4 Amended Complaint, filed by United Services Automobile Association. Erik S. Rod served on 2/1/2021, answer due 2/22/2021. (Boschee, Larry) Modified on 3/4/2021 to restrict access. (jb)
March 3, 2021 Filing 11 *RESTRICTED - WRONG EVENT SELECTED/DUPLICATE PLEADING* ACKNOWLEDGMENT OF SERVICE Executed as to #1 Complaint, filed by United Services Automobile Association. Daniel Tyler served on 1/22/2021, answer due 2/12/2021. (Boschee, Larry) Modified on 3/4/2021 to restrict access. (jb)
March 2, 2021 Filing 10 CERTIFICATE OF SERVICE by Paul Ellington re #8 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b) Motion to Dismiss, #9 MEMORANDUM in Support (Larson, Mark)
March 2, 2021 Filing 9 MEMORANDUM in Support re #8 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b) Motion to Dismiss Memorandum ISO of Rule 12(b) Motion to Dismiss filed by Paul Ellington. (Larson, Mark)
March 2, 2021 Filing 8 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b) Motion to Dismiss by Paul Ellington. (Larson, Mark)
February 8, 2021 Filing 7 SECOND NOTICE of Direct Assignment as to United Services Automobile Association. Consent/Reassignment Form due by 2/16/2021. (cjs)
January 20, 2021 Filing 6 AMENDED Summons Issued as to Paul Ellington, Erik S. Rod, Daniel Tyler. (mf) (Main Document 6 replaced on 1/20/2021 to correct Plaintiff) (mf). Regenerated on 1/20/2021 (mf).
January 20, 2021 Filing 5 NOTICE of Direct Assignment as to United Services Automobile Association. Consent/Reassignment Form due by 2/3/2021. (mf)
January 20, 2021 Filing 4 AMENDED COMPLAINT against Paul Ellington, Erik S. Rod, Daniel Tyler filed by United Services Automobile Association. (Attachments: #1 Exhibit A - Homeowners Policy Packet, #2 Exhibit B - Complaint Tyler Wrongful Death Case, #3 Exhibit C - Amended Complaint, #4 Civil Cover Sheet)(mf)
January 20, 2021 Deadlines and Hearings Terminated as to DE #2 Notice of Direct Assignment re-filed at #5 with correct plaintiff name (mf)
January 19, 2021 Filing 3 Summons Issued as to Paul Ellington, Erik S. Rod, Daniel Tyler. (cjs)
January 19, 2021 Filing 2 NOTICE of Direct Assignment as to United States Automobile Association. Consent/Reassignment Form due by 2/2/2021. (cjs)
January 19, 2021 Filing 1 COMPLAINT against Paul Ellington, Erik S. Rod, Daniel Tyler (Filing fee $402, receipt number 121000306) filed by United States Automobile Association. (Attachments: #1 Exhibit A-Homeowners Policy, #2 Exhibit B-Complaint re: Tyler v. Rod, #3 Exhibit C-Amended Criminal Complaint, #4 Civil Cover Sheet)(cjs)

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Plaintiff: United States Automobile Association
Represented By: Larry L. Boschee
Represented By: Patrick W. Durick
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Plaintiff: United Services Automobile Association
Represented By: Larry L. Boschee
Represented By: Patrick W. Durick
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Defendant: Paul Ellington
Represented By: Mark V. Larson
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Defendant: Daniel Tyler
Represented By: Shelby Larson
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Defendant: Erik S. Rod
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