Sztroin v. Dituri et al
| Mark Sztroin |
| Thomas A Dituri, Joseph M. Hall, Thomas Dituri Construction LLC, American Alternative Insurance Corporation, John Doe Construction and Joseph M Hall |
| 3:2022cv05608 |
| August 18, 2022 |
| US District Court for the Western District of Washington |
| Tacoma Office |
| Benjamin H Settle |
| Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Insurance Contract |
| Plaintiff |
Docket Report
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Filing 22
ORDER: Because American Alternative does not meet its heavy burden to establish that removal was proper, Sztroin's Motion to Remand Case to State Court, Dkt. #5 , is GRANTED. Furthermore, because remand is proper, American Alternative's Motion to Sever, Dkt. #6 , and Motion for Partial Summary Judgment, Dkt. #8 , are DENIED without prejudice with leave to refile in state court. Per LCR 3(i), case will be remanded on the 15th day following the date of this Order, on 10/27/2022. Signed by Judge Benjamin H. Settle.(MW)
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| Filing 21 REPLY, filed by Defendant American Alternative Insurance Corporation, TO RESPONSE to #8 MOTION for Partial Summary Judgment (Kiess, Jared) |
| Filing 20 DECLARATION of Mark Sztroin filed by Plaintiff Mark Sztroin re #8 MOTION for Partial Summary Judgment (Kahler, Ray) |
| Filing 19 DECLARATION of Ray W. Kahler filed by Plaintiff Mark Sztroin re #8 MOTION for Partial Summary Judgment (Kahler, Ray) |
| Filing 18 RESPONSE, by Plaintiff Mark Sztroin, to #8 MOTION for Partial Summary Judgment . Oral Argument Requested. (Attachments: #1 Proposed Order)(Kahler, Ray) |
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Filing 17
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT, DISCOVERY, DEPOSITIONS AND EARLY SETTLEMENT: FRCP 26(f) Conference Deadline is 12/13/2022, Initial Disclosure Deadline is 12/20/2022, Joint Status Report due by 12/27/2022. Signed by Judge Benjamin H. Settle. (MET)
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| Filing 16 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Thomas Dituri Construction LLC (Vedrich, Amanda) |
| Filing 15 REPLY, filed by Defendant American Alternative Insurance Corporation, TO RESPONSE to #6 MOTION to Sever (Kiess, Jared) |
| Filing 14 REPLY, filed by Plaintiff Mark Sztroin, TO RESPONSE to #5 MOTION to Remand Case to State Court (Attachments: #1 Proposed Order)(Kahler, Ray) |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Defendant Thomas Dituri Construction LLC must file a Corporate Disclosure Statement by 9/28/2022. (AMD) |
| Filing 13 NOTICE of Appearance by attorney Amanda E Vedrich on behalf of Defendants Thomas A Dituri, Thomas Dituri Construction LLC. (Vedrich, Amanda) |
| Filing 12 NOTICE of Appearance by attorney Kasper Sorensen on behalf of Defendant Joseph M Hall. (Sorensen, Kasper) |
| Filing 11 RESPONSE, by Defendant American Alternative Insurance Corporation, to #5 MOTION to Remand Case to State Court. Oral Argument Requested. (Attachments: #1 Proposed Order)(Kiess, Jared) |
| Filing 10 RESPONSE, by Plaintiff Mark Sztroin, to #6 MOTION to Sever . (Attachments: #1 Proposed Order)(Kahler, Ray) |
| Filing 9 DECLARATION of Jared F. Kiess filed by Defendant American Alternative Insurance Corporation re #8 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kiess, Jared) |
| Filing 8 MOTION for Partial Summary Judgment , filed by Defendant American Alternative Insurance Corporation. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 10/7/2022, (Kiess, Jared) |
| Filing 7 DECLARATION of Jared F. Kiess filed by Defendant American Alternative Insurance Corporation re #6 MOTION to Sever (Attachments: #1 Exhibit A)(Kiess, Jared) |
| Filing 6 MOTION to Sever , filed by Defendant American Alternative Insurance Corporation. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 9/23/2022, (Kiess, Jared) |
| Filing 5 MOTION to Remand Case to State Court, filed by Plaintiff Mark Sztroin. Noting Date 9/23/2022, (Kahler, Ray) |
| Filing 4 DEMAND for JURY TRIAL by Plaintiff Mark Sztroin (Kahler, Ray) |
| Filing 3 ANSWER to Complaint (Notice of Removal) re: #1 Notice of Removal, by American Alternative Insurance Corporation.(Kiess, Jared) |
| Filing 2 LETTER from Clerk re receipt of case from Grays Harbor County Superior Court and advising of WAWD case number and judge assignment. (ZMG) |
| Judge Benjamin H. Settle added. (ZMG) |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Defendant(s) must file a Corporate Disclosure Statement by 8/26/2022. (ZMG) |
| Filing 1 NOTICE OF REMOVAL from Grays Harbor County Superior Court, case number 22-2-00400-14; (Receipt # AWAWDC-7670534) Attorney Jared Kiess added to party American Alternative Insurance Corporation(pty:dft), filed by American Alternative Insurance Corporation. (Attachments: #1 Complaint, #2 Exhibit Additional State Court Documents, #3 Civil Cover Sheet)(Kiess, Jared) (Attachment 3 replaced to update malformed document on 8/19/2022) (STP). |
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