Richmond American Homes of Utah v. Allianz Global Corporate & Specialty et al
| Richmond American Homes of Utah |
| Allianz Global Corporate & Specialty, Fusion Signs and Design, American Insurance Company, The, Fireman's Fund Insurance Company and Fusion Sign and Design |
| 2:2018cv00635 |
| August 13, 2018 |
| US District Court for the District of Utah |
| Central Office |
| Salt Lake |
| Clark Waddoups |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 10, 2018. A more recent docket listing may be available from PACER.
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Filing 14
ORDER granting Stipulated #13 Motion for Extension of Time to Answer. Answer deadline updated for Fusion Sign and Design answer due 10/23/2018. Signed by Judge Clark Waddoups on 10/10/18. (jmr)
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| Filing 13 Stipulated MOTION for Extension of Time to File Answer re #8 Amended Complaint,, filed by Defendant Fusion Sign and Design. (Attachments: #1 Text of Proposed Order Extending Fusion's Deadline to Answer Complaint) Attorney Rebecca L. Hill added to party Fusion Sign and Design(pty:dft)(Hill, Rebecca) |
| Filing 12 NOTICE of Appearance by Andrew B. McDaniel on behalf of Allianz Global Corporate & Specialty, American Insurance Company, The, Fireman's Fund Insurance Company (McDaniel, Andrew) |
| Filing 11 NOTICE of Appearance by Andrew D. Wright on behalf of Allianz Global Corporate & Specialty, American Insurance Company, The, Fireman's Fund Insurance Company (Wright, Andrew) |
| Filing 10 WAIVER OF SERVICE Returned Executed filed by Richmond American Homes of Utah as to Allianz Global Corporate & Specialty Waiver sent on 9/12/2018, answer due 11/13/2018; American Insurance Company, The Waiver sent on 9/12/2018, answer due 11/13/2018; Fireman's Fund Insurance Company Waiver sent on 9/12/2018, answer due 11/13/2018. (Haderlie, Rick) |
| Filing 9 NOTICE of OF COMPLIANCE WITH ORDER TO SHOW CAUSE by Richmond American Homes of Utah re #6 Order to Show Cause,,,,,,, (Haderlie, Rick) |
| Filing 8 AMENDED COMPLAINT against Allianz Global Corporate & Specialty, American Insurance Company, The, Fireman's Fund Insurance Company, Fusion Sign and Design with Jury Demand. filed by Richmond American Homes of Utah. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K - PART 1, #12 Exhibit K - PART 2, #13 Exhibit K - PART 3, #14 Exhibit L, #15 Exhibit M) (Haderlie, Rick) |
| Filing 7 WAIVER OF SERVICE Returned Executed filed by Richmond American Homes of Utah as to Fusion Sign and Design Waiver sent on 8/14/2018, answer due 10/15/2018. (Haderlie, Rick) |
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Filing 6
ORDER TO SHOW CAUSE: In its Complaint, Plaintiff asserts that Defendants Allianz Global Corporate & Specialty,The American Insurance Company, and Firemans Fund Insurance Company are Californiaand/or Illinois companies doing business in Utah (Complaint 2, ECF No. 2), and that FusionSign and Design, Inc.,... is a California corporation registered to do business in Utah andconducts business in Utah (id. 3). Other than Allianz, the court is unable to discern whether the Defendants are incorporated or unincorporated. If the entities are corporate entities, Plaintiff has not shown diversity because it has pled the principal place of business for any Defendant. If the three California and/or Illinois companies are in fact unincorporated entities, Plaintiff has not pled the citizenship of each member of each of the entities. Therefore, the court cannot conclude complete diversity exists in this matter. Second, jurisdiction means the kinds of issues which give right to entrance to federal court, and [j]urisdiction in this sense was not altered by the Declaratory Judgment Act. Skelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667, 671 (1950). The Act merely expands the range of federal remedies. Id. Therefore, where the claims do not arise under federal law, as appears to bethe case in this action, the fact that Plaintiff seeks declaratory relief does not bring the action within this courts jurisdiction. See id. at 67374.Because Plaintiff has not adequately pled diversity jurisdiction and has not set forth a federal question, the court cannot conclude it has jurisdiction. Accordingly, on or before September 10, 2018, Plaintiff must properly plead citizenship of the parties. If it fails to do so, the court will dismiss the case for lack of jurisdiction.SO ORDERED this 27th day of August, 2018. Signed by Judge Clark Waddoups on 8/27/18. (jlw)
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| Filing 5 AFFIDAVIT of Carlos Abrego re #2 Complaint,, Affidavit of Service - Allianz Global Corporate and Specialty filed by Richmond American Homes of Utah. (Haderlie, Rick) |
| Filing 4 AFFIDAVIT of Carlos Abrego re #2 Complaint,, Affidavit of Service - The American Insurance Company filed by Richmond American Homes of Utah. (Haderlie, Rick) |
| Filing 3 AFFIDAVIT of Carlos Abrego re #2 Complaint,, Affidavit of Service - Fireman's Fund Insurance Company filed by Richmond American Homes of Utah. (Haderlie, Rick) |
| Filing 2 COMPLAINT against All Defendants (Filing fee $ 400, receipt number 1088-3076954) filed by Richmond American Homes of Utah. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K - PART 1, #12 Exhibit K - PART 2, #13 Exhibit K - PART 3, #14 Exhibit L, #15 Exhibit M, #16 Civil Cover Sheet CIVIL COVER SHEET) Assigned to Judge Clark Waddoups (Haderlie, Rick) |
| Filing 1 Case has been indexed and assigned to Judge Clark Waddoups. Plaintiff Richmond American Homes of Utah is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (tlh) |
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