Celaya, Refugio v. American Family Mutual Insurance Company, S.I.
| Refugio Celaya |
| American Family Mutual Insurance Company, S.I. |
| 3:2022cv00712 |
| December 14, 2022 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 6
** TEXT ONLY ORDER ** Plaintiff has responded to the court's order to show cause why this case should not be stayed pending resolution of three other cases--two in Ohio and one in this district-- that also involve challenges to the way American Family Mutual Insurance Company calculates damaged property's "actual cash value." Plaintiff says that the Ohio cases are nearing a settlement and they are limited to Ohio residents. The proposed class of the case pending in this district, McCluskey v. American Family Mutual Insurance Co., SI, No. 20-cv-1002-jdp, covers several states, but the named plaintiffs are also Ohio residents, so plaintiff says that they likely won't be adequate class representatives. But plaintiff doesn't explain why this potential problem requires another lawsuit. Plaintiff acknowledges that she is a member of the proposed McCluskey class and that this case has the same proposed scope as McCluskey. In the case plaintiff cites, the court identified the proper course of action in a situation like this: substitute more adequate representatives for the named plaintiffs in the existing case. See In re Allstate Corporation Securities Litigation, 966 F.3d 595, 615 (7th Cir. 2020). The court isn't persuaded that it makes sense to proceed with yet another case that raises the same issue, so this case is STAYED pending resolution of McCluskey. Signed by District Judge James D. Peterson on 12/29/2022. (voc)
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| Filing 5 Response re: 4 Text Only Order, by Plaintiff. (Snodgrass, Thomas) Modified on 12/21/2022: E-mail sent to counsel. (lak) Modified on 12/28/2022 (voc). |
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Filing 4
** TEXT ONLY ORDER ** This is a proposed class action involving property insurance policies issued by defendant American Family Mutual Insurance Company, S.I. Plaintiffs contend that American Family violates its own policies by depreciating the cost of labor when it determines damaged property's actual cash value. This case appears to be almost identical to another case filed in this court almost two years ago, McCluskey v. American Family Mutual Insurance Co., SI, No. 20-cv-1002-jdp. McCluskey has been stayed pending resolution of two similar cases filed earlier in the Northern District of Ohio, El-Far v. American Family Mutual Insurance Co., No. 20-cv-1049, and Fox v. American Family Insurance Co., No. 20-cv-1991. Plaintiffs may have until December 22, 2022, to explain how this case is different from the other three cases and why this case should not be stayed pending resolution of the others. Signed by District Judge James D. Peterson on 12/16/2022. (voc)
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| Filing 3 Summons Issued as to American Family Mutual Insurance Company, S.I. (voc) |
| Filing 2 Notice of Appearance filed by James Brandon McWherter for Plaintiff Refugio Celaya. (McWherter, James) |
| Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (voc) |
| Case non-randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. Case related to 20-cv-01002-jdp. (voc) |
| Filing 1 COMPLAINT against American Family Mutual Insurance Company, S.I.. ( Filing fee $ 402 receipt number AWIWDC-3167855.), filed by Refugio Celaya. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons) (Snodgrass, Thomas) |
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| Plaintiff: Refugio Celaya | |
| Represented By: | Thomas Joseph Snodgrass |
| Represented By: | James Brandon McWherter |
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| Defendant: American Family Mutual Insurance Company, S.I. | |
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