Diaz v. Kemper Insurance et al
Plaintiff: Delfino Diaz
Defendant: Kemper Insurance a Utah corporation doing business as Alpha Property and Casualty Insurance Company and John Doe
Case Number: 2:2023cv00843
Filed: November 16, 2023
Court: US District Court for the District of Utah
Presiding Judge: Dale A Kimball
Referring Judge: Cecilia M Romero
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1441 Notice of Removal- Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 8, 2023 Filing 8 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge Dale A. Kimball and Magistrate Judge Cecilia M. Romero is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Cecilia M. Romero no longer assigned as the presiding judge to the case. (mh)
December 1, 2023 Filing 7 RECEIVED Consent/Reassignment Form from Defendant Kemper Insurance. (mh)
November 20, 2023 Filing 6 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Kemper Insurance. (Attachments: #1 Exhibit Insurance Policy, #2 Exhibit Release, #3 Exhibit Election to Arbitrate Claims)(Waddoups, Trent)
November 17, 2023 Opinion or Order Filing 5 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Cecilia M. Romero on 11/17/2023. (haa)
November 16, 2023 Filing 4 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 consents@utd.uscourts.gov 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 Plaintiff Delfino Diaz, Defendant Kemper Insurance. Form due by 12/7/2023. (mh)
November 16, 2023 Filing 3 NOTICE OF ADR, e-mailed or mailed to Plaintiff Delfino Diaz and Defendant Kemper Insurance. (kec)
November 16, 2023 Filing 2 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 230908285, (Filing fee $ 402, receipt number AUTDC-4878841) filed by Kemper Insurance. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit State Court Return of Service & Summons, #3 Civil Cover Sheet Civil Cover Sheet) (Waddoups, Trent)
November 16, 2023 Filing 1 Case has been indexed and assigned to Magistrate Judge Cecilia M. Romero. Defendant Kemper Insurance is directed to E-File the Notice of Removal and civil 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. (kec)

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Plaintiff: Delfino Diaz
Represented By: Sergio Garcia
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Defendant: Kemper Insurance a Utah corporation doing business as Alpha Property and Casualty Insurance Company
Represented By: Trent J. Waddoups
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Defendant: John Doe
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