Smith et al v. Direct General Insurance Agency, Inc. et al
Plaintiff: Jared Smith and Madisyn Smith
Defendant: Peoples Bank, Direct General Insurance Agency, Inc. a subsidiary of doing business as Direct Auto Insurance and Allstate Insurance Company
Case Number: 5:2024cv00438
Filed: August 21, 2024
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Frank W Volk
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Insurance Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 4, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2024 Opinion or Order Filing 14 MEMORANDUM OF LAW by Peoples Bank in support of #13 MOTION by Peoples Bank to Dismiss Complaint attached to #1 Notice of Removal. (Harkins, Clayton)
September 23, 2024 Opinion or Order Filing 13 MOTION by Peoples Bank to Dismiss Complaint attached to #1 Notice of Removal. (Harkins, Clayton) (Modified on 9/25/2024 to add link to #1 notice of removal). (mk)
September 5, 2024 Opinion or Order Filing 12 BRIEF by Direct General Insurance Agency, Inc. in opposition to #5 MOTION by Jared Smith, Madisyn Smith to Remand Case to Circuit Court of Wyoming County (Attachment: #1 Certificate of Service)(Twilla, Daniel)
September 5, 2024 Opinion or Order Filing 11 RESPONSE by Direct General Insurance Agency, Inc. in opposition to #5 MOTION by Jared Smith, Madisyn Smith to Remand Case to Circuit Court of Wyoming County (Attachments: #1 Proposed Order, #2 Certificate of Service)(Twilla, Daniel) (Modified on 9/5/2024 to update event) (mk).
September 5, 2024 Opinion or Order Filing 10 RESPONSE by Peoples Bank in opposition to #5 MOTION by Jared Smith, Madisyn Smith to Remand Case to Circuit Court of Wyoming County (Harkins, Clayton)
August 29, 2024 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Arie M. Spitz on behalf of Peoples Bank. (Spitz, Arie)
August 28, 2024 Opinion or Order Filing 8 STIPULATION by Peoples Bank, Jared Smith, Madisyn Smith; that Peoples Bank shall answer or otherwise respond to the Complaint attached to #1 Notice of Removal within ten (10) days after the Court rules on #5 MOTION by Jared Smith, Madisyn Smith to Remand Case to Circuit Court of Wyoming County (Harkins, Clayton) (Modified on 8/28/2024 to add party filers and links to #5 motion to remand and #1 notice of removal) (mk).
August 27, 2024 Opinion or Order Filing 7 ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Direct General Insurance Agency, Inc. (Twilla, Daniel)
August 27, 2024 Opinion or Order NOTICE OF DOCKET CORRECTION re: #4 Motion by Jared Smith, Madisyn Smith to Remand Case to Circuit Court of Wyoming County. ERROR: document is a duplicate of entry #5. CORRECTION: Image removed. (mk)
August 26, 2024 Opinion or Order Filing 6 ORDER AND NOTICE: Motions under FR Civ P 12(b) - 9/23/2024. Last day for Rule 26(f) meeting - 10/22/2024. Last day to file Report of Parties Planning Meeting and Scheduling Order Worksheet - 10/29/2024. Telephonic Scheduling Conference at 4:00 p.m. on 11/12/2024, before the undersigned, unless canceled. Entry of Scheduling Order - 11/22/2024. Last day to serve FR Civ P 26(a)(1) disclosures - 11/26/2024. Signed by Judge Frank W. Volk on 8/23/2024. (cc: counsel of record; any unrepresented parties) (msa)
August 22, 2024 Opinion or Order Filing 5 MOTION by Jared Smith, Madisyn Smith to Remand Case to Circuit Court of Wyoming County (Attachments: #1 Exhibit A - WVSOS Data (National General), #2 Exhibit B - WVSOS Data (Peoples), #3 Exhibit C - Affidavit of Jacob N. Snuffer, Esq., #4 Exhibit D - Notice of Removal)(Snuffer, Jacob)
August 22, 2024 Opinion or Order Filing 4 INCORRECT ENTRY; IMAGE REMOVED. (Modified on 8/27/2024 to remove incorrect image) (mk).
August 22, 2024 Opinion or Order Filing 3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Aboulhosn. (cc: counsel of record and any pro se party) (btm)
August 21, 2024 Opinion or Order Filing 2 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Direct General Insurance Agency, Inc. (btm)
August 21, 2024 Opinion or Order Filing 1 NOTICE OF REMOVAL by Direct General Insurance Agency, Inc. with summons, complaint, docket sheet and other miscellaneous documents from Circuit Court of Wyoming County. Filing Fee $405.00. Receipt #AWVSDC-8716217. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Certificate of Service, #6 Civil Cover Sheet) (btm)
August 21, 2024 Opinion or Order CASE assigned to Judge Frank W. Volk. (klc)

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Plaintiff: Jared Smith
Represented By: Jacob Nathaniel Snuffer
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Plaintiff: Madisyn Smith
Represented By: Jacob Nathaniel Snuffer
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Defendant: Peoples Bank
Represented By: Clayton Thomas Harkins
Represented By: Arie M. Spitz
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Defendant: Direct General Insurance Agency, Inc. a subsidiary of doing business as Direct Auto Insurance
Represented By: Daniel J. Twilla
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Defendant: Allstate Insurance Company
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