Kittrell v. USAA Insurance Agency
Plaintiff: Mark Kittrell
Defendant: USAA Insurance Agency and USAA Casualty Insurance
Case Number: 2:2020cv00538
Filed: July 29, 2020
Court: US District Court for the District of Utah
Presiding Judge: David Barlow
Referring Judge: Daphne A Oberg
2 Judge: Cecilia M Romero
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on December 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2020 Filing 20 MEMORANDUM in Opposition re #16 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support as to Plaintiff's Third and Fourth Causes of Action filed by Plaintiff Mark Kittrell. (Lance, Dustin)
September 4, 2020 Opinion or Order Filing 19 SCHEDULING ORDER: Amended Pleadings due by 2/26/2021. Joinder of Parties due by 4/5/2021. Expert Discovery due by 9/2/2021. Motions due by 10/4/2021. Scheduling/Status Conference set for 10/14/2021 at 02:45 PM in Rm 8.100 before Judge David Barlow. See Order for further details. Signed by Magistrate Judge Cecilia M. Romero on 9/4/20. (jrj)
September 3, 2020 Filing 18 REPORT OF ATTORNEY PLANNING MEETING. (Kesler, Cody)
August 26, 2020 Opinion or Order Filing 17 ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 8/26/2020. (sds)
August 24, 2020 Filing 16 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support as to Plaintiff's Third and Fourth Causes of Action filed by Defendant USAA Casualty Insurance. (Johnson, Gary)
August 24, 2020 Filing 15 Defendant's ANSWER to #11 Amended Complaint with Jury Demand filed by USAA Casualty Insurance.(Johnson, Gary)
August 17, 2020 Filing 14 All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge David Barlow. Magistrate Judge Daphne A. Oberg no longer assigned to the case. (alf)
August 17, 2020 Filing 13 RECEIVED Consent/Reassignment Form from Plaintiff Mark Kittrell. (alf)
August 17, 2020 Filing 12 NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #4 Notice of Presiding Magistrate Assignment,, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (alf)
August 10, 2020 Filing 11 AMENDED COMPLAINT against USAA Insurance Agency. New Defendants: USAA Casualty Insurance Company. Removed Defendants: USAA Insurance Agency. filed by Mark Kittrell. (Lance, Dustin)
August 7, 2020 Filing 10 RECEIVED Consent/Reassignment Form from Defendant USAA Insurance Agency. (alf)
August 6, 2020 Opinion or Order Filing 9 DOCKET TEXT ORDER TERMINATING #7 Stipulated Motion for Extension of Time to Answer. The motion has been granted per the court's prior 8 order. Signed by Magistrate Judge Daphne A. Oberg on 8/6/2020. No attached document. (jeh)
August 6, 2020 Opinion or Order Filing 8 DOCKET TEXT ORDER GRANTING #7 Stipulated Motion to Extend Time for Defendant to Respond to Plaintiffs Complaint. For good cause appearing, the court extends the deadline for Defendant USAA Insurance Agency, Inc. to answer or otherwise respond to the Complaint to 8/19/2020. Signed by Magistrate Judge Daphne A. Oberg on 8/6/2020. (jeh)
August 5, 2020 Filing 7 Stipulated MOTION for Extension of Time to File Answer to Plaintiff's Complaint filed by Defendant USAA Insurance Agency. (Attachments: #1 Order Granting Stipulated Motion for Extension of Time)(Kesler, Cody)
July 30, 2020 Filing 6 File downloaded from Third District Court, Salt Lake County Xchange consisting of Docket Sheet, Complaint, Return of Service, Answer, Notice of Due Dates, Notice of Withdrawl of Answer and Counsel, Notice of Removal and all applicable State Court Returns of Electronic Service (Attachments: #1 State Court Complaint, #2 State Court Return of Electronic Notification of Complaint, #3 Return of Service, #4 State Court Return of Electronic Service Return of Service, #5 Answer and Jury Demand, #6 State Court Notice of Due Dates, #7 State Court Return of Electronic Service Answer, #8 Notice of Withdrawal of Answer and Withdrawl of Counsel, #9 State Court Return of Electronic Service Withdrawl of Answer and Counsel, #10 Notice of Removal, #11 State Court Return of Electronic Service Notice of Removal) (alf)
July 30, 2020 Opinion or Order Filing 5 ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within fourteen(14) days. See order for other dates and deadlines. Signed by Magistrate Judge Daphne A. Oberg on 7/30/20. (alf)
July 30, 2020 Filing 4 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiff Mark Kittrell, Defendant USAA Insurance Agency. Form due by 8/14/2020. (dw)
July 30, 2020 Filing 3 NOTICE OF ADR, e-mailed or mailed to Plaintiff Mark Kittrell, Defendant USAA Insurance Agency. (dw)
July 29, 2020 Filing 2 NOTICE OF REMOVAL from 3rd District Salt Lake County, case number 200904076, (Filing fee $ 400, receipt number AUTDC-3664925) filed by USAA Insurance Agency. (Attachments: #1 Exhibit A - Complaint, Summons, Service of Process, #2 Civil Cover Sheet DN 1 - Civil Cover Sheet) Assigned to Magistrate Judge Daphne A. Oberg (Johnson, Gary)
July 29, 2020 Filing 1 Case has been indexed and assigned to Magistrate Judge Daphne A. Oberg. Defendant USAA Insurance Agency is directed to E-File the Notice of Removal 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. (dw)

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Plaintiff: Mark Kittrell
Represented By: Dustin Lance
Represented By: Jessica A. Andrew
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Defendant: USAA Insurance Agency
Represented By: Gary L Johnson
Represented By: Cody G. Kesler
Represented By: Aaron Thomas Cunningham
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Defendant: USAA Casualty Insurance
Represented By: Gary L Johnson
Represented By: Cody G. Kesler
Represented By: Aaron Thomas Cunningham
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