Martindale et al v. State Farm Fire and Casualty Company
| John Martindale and Tresa Martindale |
| State Farm Fire and Casualty Company |
| 2:2023cv00017 |
| January 9, 2023 |
| U.S. District Court for the District of Utah |
| David Barlow |
| Daphne A Oberg |
| Insurance |
| 28 U.S.C. ยง 1441 Notice of Removal- Contract Dispute |
| Plaintiff |
Docket Report
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| Filing 13 NOTICE FROM THE COURT. On February 10, 2023, the court ordered Defendant to show cause as to why the court has subject matter jurisdiction. See ECF No. 11. The court is in receipt of Defendant's #12 Response to Order to Show Cause, stating there is diversity jurisdiction. Plaintiff has until March 30, 2023 to file an objection, if any. (cfm) |
| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE re 11 Order to Show Cause,,,,, filed by State Farm Fire and Casualty Company. (Attachments: #1 Exhibit A - Plaintiffs' Initial Disclosures)(Neilson, Chet) |
Filing 11
ORDER TO SHOW CAUSE. The Defendant's #2 Notice of Removal invokes this court's diversity jurisdiction under 28 U.S.C. 1332. Defendant asserts that there is complete diversity of citizenship and that the amount in controversy exceeds $75,000. ECF No. 2, at 2. Plaintiffs seek damages of at least $58,647.90 plus public adjuster costs, attorney's fees, interest and costs. Compl. para. 22. Defendant asserts that the public adjuster fee is $8,797 and attorneys' fees are $20,526. ECF No. 2, at 2. In effect, Defendant relies on attorneys' fees to show an adequate amount in controversy. Yet such fees may be included in the amount-in-controversy calculation only when provided by statute or contact. See Woodmen of World Life Ins. Soc'y v. Manganaro, 342 F.3d 1213, 1217 (10th Cir. 2003); Miera v. Dairyland Ins., 143 F.3d 1337, 1340 (10th Cir. 1998). The Notice of Removal makes no showing of a statutory or contractual basis for attorneys fees. See ECF No. 2. Accordingly, Defendant is ORDERED TO SHOW CAUSE by February 24, 2023, as to why the court should not remand the case for lack of subject matter jurisdiction. See 28 U.S.C. 1447(c). Signed by Judge David Barlow on 2/10/2023. (cfm)
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Filing 10
DISCOVERY MANAGEMENT ORDER- See order for details. Signed by Magistrate Judge Daphne A. Oberg on 2/1/2023. (mh)
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Filing 9
SCHEDULING ORDER: Amended Pleadings due by 4/7/2023. Joinder of Parties due by 4/7/2023. Expert Discovery due by 2/16/2024. Motions due by 3/21/2024. Scheduling Conference set for 3/27/2024 at 03:00 PM in Rm 8.100 before Judge David Barlow. Signed by Magistrate Judge Daphne A. Oberg on 2/1/2023. (mh)
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| Filing 8 Case Reassigned to District Judge per Attorney Planning Meeting Report #7 . Case randomly assigned to Judge David Barlow as presider and automatically referred to Magistrate Judge Daphne A. Oberg under 28 U.S.C. 636(b)(1)(A). Magistrate Judge Daphne A. Oberg no longer presider assigned to the case. Consent/Reassignment forms do not need to be submitted. (alf) |
| Filing 7 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order)(Neilson, Chet) |
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Filing 6
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 1/10/2023. (alf)
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| Filing 5 NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at [email protected] or mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Plaintiffs John Martindale, Tresa Martindale, Defendant State Farm Fire and Casualty Company. Form due by 1/31/2023. (alf) |
| Filing 4 NOTICE OF ADR, e-mailed or mailed to Plaintiffs John Martindale, Tresa Martindale, Defendant State Farm Fire and Casualty Company. (alf) |
| Filing 3 Defendant's ANSWER to Complaint with Jury Demand filed by State Farm Fire and Casualty Company.(Neilson, Chet) |
| Filing 2 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 220907844, (Filing fee $ 402, receipt number 009290) filed by State Farm Fire and Casualty Company. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Plaintiff's Initial Disclosures) Assigned to Magistrate Judge Daphne A. Oberg (Neilson, Chet) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Daphne A. Oberg. Defendant State Farm Fire and Casualty Company 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 $ 402. 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. (ks) |
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