SIMMONS v. STATE FARM FIRE AND CASUALTY COMPANY
| WILLIAM SIMMONS |
| STATE FARM FIRE AND CASUALTY COMPANY |
| 2:2019cv01617 |
| December 16, 2019 |
| US District Court for the Western District of Pennsylvania |
| Nora Barry Fischer |
| Insurance |
| 28 U.S.C. ยง 1441 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 19 BRIEF in Support re #18 Motion to Dismiss for Failure to State a Claim filed by STATE FARM FIRE AND CASUALTY COMPANY. (Martini, Mark) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by STATE FARM FIRE AND CASUALTY COMPANY. (Attachments: #1 Certificate of Conferring, #2 Proposed Order) (Martini, Mark) |
Filing 17
ORDER that upon consideration of Plaintiff William Simmons' Motion to Remand, (Docket No. #11 ), his Brief in Support, (Docket No. #12 ), Defendant State Farm Fire and Casualty Company's Response, (Docket No. #16 ), and the relevant standard governing motions to remand for alleged lack of diversity jurisdiction, Plaintiff's Motion #11 is DENIED (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 2/5/2020. (bdk)
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| Filing 16 BRIEF in Opposition re #11 Motion to Remand filed by STATE FARM FIRE AND CASUALTY COMPANY. (Martini, Mark) |
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Filing 15
ORDER that upon consideration of #14 Amended Complaint filed by WILLIAM SIMMONS, STATE FARM FIRE AND CASUALTY COMPANY's answer is due 2/12/2020. Signed by Judge Nora Barry Fischer on 1/29/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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| Filing 14 First AMENDED COMPLAINT against STATE FARM FIRE AND CASUALTY COMPANY, filed by WILLIAM SIMMONS. (Very, Ryan) Modified text on 1/30/2020. (ma) |
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Filing 13
ORDER Response/Briefing Schedule re: #11 Plaintiff William Simmons' Motion to Remand, Defendant State Farm Fire and Casualty Company shall file a Response to said Motion due by 1/30/2020. Signed by Judge Nora Barry Fischer on 1/16/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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| Filing 12 BRIEF in Support re #11 Motion to Remand filed by WILLIAM SIMMONS. (Very, Ryan) |
| Filing 11 First MOTION to Remand by WILLIAM SIMMONS. (Very, Ryan) |
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Filing 10
ORDER indicating that, for reasons more fully stated within, that Plaintiff shall file an Amended Complaint setting forth all applicable facts supporting his causes of action by 1/29/20; that Defendant's Motion is #5 denied, as moot; that Defendant is reminded of the Court's Order of 12/16/19 that "motions pursuant to Federal Rule of Civil Procedure 12(b) are discouraged if the pleading defect is curable by amendment," as is the case here. (Docket No. #3 ). Signed by Judge Nora Barry Fischer on 1/15/20. (jg)
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| Filing 9 NOTICE of Appearance by Kevin D. Huber on behalf of STATE FARM FIRE AND CASUALTY COMPANY. (Huber, Kevin) |
| Filing 8 RESPONSE to Motion re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by WILLIAM SIMMONS. (Very, Ryan) |
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Filing 7
ORDER ON MOTIONS PRACTICE (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 12/23/2019. (bdk)
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| Filing 6 BRIEF in Support re #5 Motion to Dismiss for Failure to State a Claim filed by STATE FARM FIRE AND CASUALTY COMPANY. (Martini, Mark) |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by STATE FARM FIRE AND CASUALTY COMPANY. (Attachments: #1 Certificate of Conferring, #2 Proposed Order) (Martini, Mark) |
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Filing 4
ORDER RE: Rule 12(b) Motions (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 12/16/19. (jg)
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| Filing 3 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jg) |
| Filing 2 Disclosure Statement identifying None as corporate parent or other affiliate, by STATE FARM FIRE AND CASUALTY COMPANY. (Martini, Mark) |
| Filing 1 NOTICE OF REMOVAL from Court of Common Pleas of Allegheny County, case number GD-19-010769 (Filing fee, including Administrative fee, $400, receipt number 0315-5395873), filed by STATE FARM FIRE AND CASUALTY COMPANY. (Attachments: #1 Civil Cover Sheet, #2 Exhibit - Complaint, #3 Exhibit - Substitute Counsel, #4 Exhibit - Rule to File Complaint, #5 Exhibit - Appearance, #6 Exhibit - Sherifff's Return, #7 Exhibit - Writ of Summons) (jv) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. This message is for informational purposes only. Disclosure Statement due by 12/23/2019. (jv) |
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| Plaintiff: WILLIAM SIMMONS | |
| Represented By: | Ryan D. Very |
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| Defendant: STATE FARM FIRE AND CASUALTY COMPANY | |
| Represented By: | Mark A. Martini |
| Represented By: | Kevin D. Huber |
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