This case was last updated from U.S. District Courts on 04/27/2019 at 07:58:08 (UTC).

Burghardt v. Allstate Fire and Casualty Insurance

Case Summary

On 02/26/2019 Burghardt filed a Contract - Insurance lawsuit against Allstate Fire and Casualty Insurance. This case was filed in U.S. District Courts, Utah District. The Judge overseeing this case is Evelyn J. Furse. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:19-CV-00129

  • Filing Date:

    02/26/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

Judge Details

Presiding Judge

Evelyn J. Furse

 

Party Details

Plaintiff

Sheila Burghardt

Defendant

Allstate Fire and Casualty Insurance

Attorney/Law Firm Details

Plaintiff Attorney

Ryan J. Schriever

51 E 800 N

Spanish Fork, UT 84660

Defendant Attorneys

Lynn S. Davies

Attorney at RICHARDS BRANDT MILLER NELSON

Po Box 2465, 299 S Main St 15Th Fl

Salt Lake City, UT 84110-2465

Samantha E. Wilcox

Attorney at RICHARDS BRANDT MILLER NELSON

Po Box 2465, 299 S Main St 15Th Fl

Salt Lake City, UT 84110-2465

Rafael A. Seminario

Attorney at RICHARDS BRANDT MILLER NELSON

Po Box 2465, 299 S Main St 15Th Fl

Salt Lake City, UT 84110-2465

 

Court Documents

#18

(#18) ORDER granting #12 Motion to Stay. This case shall be stayed during the pendency of the arbitration proceeding. All parties agree to bear their own costs and fees thus incurred. Signed by Magistrate Judge Evelyn J. Furse on 3/27/2019. (las) (Entered: 03/28/2019)

#16

(#16) CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Allstate Fire and Casualty Insurance identifying The Allstate Corporation as Corporate Parent. (Wilcox, Samantha) (Entered: 03/26/2019)

15 #2

Exhibit 2 - Summons and Complaint

15 #1

Exhibit 1 - 7th District Court Docket

#15

(#15) AMENDED NOTICE OF REMOVAL from 7th District Court Carbon County, case number 190700016, (Filing fee $ 400, receipt number 1088-3236283) filed by Allstate Fire and Casualty Insurance. (Attachments: #1 Exhibit 1 - 7th District Court Docket, #2 Exhibit 2 - Summons and Complaint) Assigned to Magistrate Judge Evelyn J. Furse (Wilcox, Samantha) Modified adding amended and striking filing fee (to be refunded) on 3/27/2019 (rks). (Entered: 03/26/2019)

#14

(#14) RESPONSE TO ORDER TO SHOW CAUSE re #13 Order to Show Cause, filed by Allstate Fire and Casualty Insurance. (Wilcox, Samantha) (Entered: 03/26/2019)

#13

(#13) ORDER TO SHOW CAUSE. Allstate is ORDERED to show cause why this case should not be remanded to state court for lack of subject matter jurisdiction no later than March 26, 2019. A failure to respond to this Order to Show Cause will result in remand of the case to state court. Signed by Magistrate Judge Evelyn J. Furse on 3/12/2019. (las) (Entered: 03/12/2019)

12 #3

Text of Proposed Order Proposed Order Staying Litigation Pending Arbitration

12 #2

Exhibit 2 - Proposed Order Staying Litigation Pending Arbitration

12 #1

Exhibit 1 - Policy at page 20

#12

(#12) Stipulated MOTION to Stay Litigation Pending Arbitration filed by Defendant Allstate Fire and Casualty Insurance. (Attachments: #1 Exhibit 1 - Policy at page 20, #2 Exhibit 2 - Proposed Order Staying Litigation Pending Arbitration, #3 Text of Proposed Order Proposed Order Staying Litigation Pending Arbitration)(Wilcox, Samantha) (Entered: 03/11/2019)

#11

(#11) CONSENT to Jurisdiction by US Magistrate Judge under 28 U.S.C. 636(c) by Defendant Allstate Fire and Casualty Insurance, Plaintiff Sheila Burghardt. (las) (Entered: 03/06/2019)

#9

(#9) ANSWER to Complaint with Jury Demand (Joinder) filed by Allstate Fire and Casualty Insurance.(Wilcox, Samantha) (Entered: 03/05/2019)

#7

(#7) ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within fourteen(14) days. See order for additional instructions. Signed by Magistrate Judge Evelyn J. Furse on 2/27/2019. (las) (Entered: 02/27/2019)

6 #3

Notice of Removal

6 #2

Return of Service

6 #1

State Complaint

#6

(#6) File Received from Seventh District Court Price, Carbon County consisting of Docket and State Court Documents (Attachments: #1 State Complaint, #2 Return of Service, #3 Notice of Removal) (las) (Entered: 02/26/2019)

18 More Documents Available

 

Docket Entries

  • 03/28/2019
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  • (#18) ORDER granting #12 Motion to Stay. This case shall be stayed during the pendency of the arbitration proceeding. All parties agree to bear their own costs and fees thus incurred. Signed by Magistrate Judge Evelyn J. Furse on 3/27/2019. (las) (Entered: 03/28/2019)

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  • 03/27/2019
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  • (#17) Modification of Docket: Error: A second Notice of Removal was filed with a second filing fee. Correction: Modified docket text to reflect it is Amended per counsel. Deleted answer records. Filing fee to be refunded re #15 Notice of Removal. (rks) (Entered: 03/27/2019)

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  • 03/26/2019
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  • (#16) CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Allstate Fire and Casualty Insurance identifying The Allstate Corporation as Corporate Parent. (Wilcox, Samantha) (Entered: 03/26/2019)

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  • 03/26/2019
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  • (#15) AMENDED NOTICE OF REMOVAL from 7th District Court Carbon County, case number 190700016, (Filing fee $ 400, receipt number 1088-3236283) filed by Allstate Fire and Casualty Insurance. (Attachments: #1 Exhibit 1 - 7th District Court Docket, #2 Exhibit 2 - Summons and Complaint) Assigned to Magistrate Judge Evelyn J. Furse (Wilcox, Samantha) Modified adding amended and striking filing fee (to be refunded) on 3/27/2019 (rks). (Entered: 03/26/2019)

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  • 03/26/2019
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  • (#14) RESPONSE TO ORDER TO SHOW CAUSE re #13 Order to Show Cause, filed by Allstate Fire and Casualty Insurance. (Wilcox, Samantha) (Entered: 03/26/2019)

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  • 03/12/2019
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  • (#13) ORDER TO SHOW CAUSE. Allstate is ORDERED to show cause why this case should not be remanded to state court for lack of subject matter jurisdiction no later than March 26, 2019. A failure to respond to this Order to Show Cause will result in remand of the case to state court. Signed by Magistrate Judge Evelyn J. Furse on 3/12/2019. (las) (Entered: 03/12/2019)

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  • 03/11/2019
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  • (#12) Stipulated MOTION to Stay Litigation Pending Arbitration filed by Defendant Allstate Fire and Casualty Insurance. (Attachments: #1 Exhibit 1 - Policy at page 20, #2 Exhibit 2 - Proposed Order Staying Litigation Pending Arbitration, #3 Text of Proposed Order Proposed Order Staying Litigation Pending Arbitration)(Wilcox, Samantha) (Entered: 03/11/2019)

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  • 03/06/2019
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  • (#11) CONSENT to Jurisdiction by US Magistrate Judge under 28 U.S.C. 636(c) by Defendant Allstate Fire and Casualty Insurance, Plaintiff Sheila Burghardt. (las) (Entered: 03/06/2019)

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  • 03/06/2019
  • (#10) RECEIVED Consent/Reassignment Form from Plaintiff Sheila Burghardt. (las) (Entered: 03/06/2019)

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  • 03/05/2019
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  • (#9) ANSWER to Complaint with Jury Demand (Joinder) filed by Allstate Fire and Casualty Insurance.(Wilcox, Samantha) (Entered: 03/05/2019)

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  • 02/28/2019
  • (#8) RECEIVED Consent/Reassignment Form from Defendant Allstate Fire and Casualty Insurance. (las) (Entered: 02/28/2019)

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  • 02/27/2019
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  • (#7) ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within fourteen(14) days. See order for additional instructions. Signed by Magistrate Judge Evelyn J. Furse on 2/27/2019. (las) (Entered: 02/27/2019)

    Read MoreRead Less
  • 02/26/2019
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  • (#6) File Received from Seventh District Court Price, Carbon County consisting of Docket and State Court Documents (Attachments: #1 State Complaint, #2 Return of Service, #3 Notice of Removal) (las) (Entered: 02/26/2019)

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  • 02/26/2019
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  • (#5) NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendant Allstate Fire and Casualty Insurance, Plaintiff Sheila Burghardt. Form due by 3/13/2019. (nl) (Entered: 02/26/2019)

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  • 02/26/2019
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  • (#4) NOTICE OF ADR, e-mailed or mailed to Defendant Allstate Fire and Casualty Insurance, Plaintiff Sheila Burghardt. (nl) (Entered: 02/26/2019)

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  • 02/26/2019
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  • (#3) CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Allstate Fire and Casualty Insurance identifying The Allstate Corporation as Corporate Parent. (Wilcox, Samantha) (Entered: 02/26/2019)

    Read MoreRead Less
  • 02/26/2019
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  • (#2) NOTICE OF REMOVAL from 7th District Court Carbon County, case number 190700016, (Filing fee $ 400, receipt number 1088-3212825) filed by Allstate Fire and Casualty Insurance. (Attachments: #1 Exhibit 1 - 7th District Court Docket, #2 Exhibit 2 - Summons and Complaint, #3 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Evelyn J. Furse (Wilcox, Samantha) (Entered: 02/26/2019)

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  • 02/26/2019
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  • (#1) Case has been indexed and assigned to Magistrate Judge Evelyn J. Furse. Defendant Allstate Fire and Casualty Insurance 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 $ 400.00 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. (nl) (Entered: 02/26/2019)

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