John

John v. Nationwide Mutual Insurance Company

Good Law
United States District Court, Northern District of CaliforniaApril 10, 20243:23-cv-06507California1,739 words

Opinion

Trial Court Opinion

BACKGROUND

21 John alleges that EBART failed to properly repair his vehicle when he brought it in for a 22 fix. Amended Complaint (“AC”) [Dkt. No. 34] ¶¶ 1–3. He asserts that failure led to the damage 23 to his vehicle’s brakes, which then caused him to crash. Id. ¶ 3. John alleges that EBART is 24 insured by Nationwide, and that he filed a claim with Nationwide to seek damages arising from 25 the vehicle accident. Id. ¶¶ 4–6. But Nationwide refused to provide coverage for the claim, which 26 led John to filing suit in state court to seek damages. Id. ¶¶ 4–6. 27 Nationwide removed the case from state court on December 18, 2023, and moved to dismiss on December 22, 2023. (“Mot.”) [Dkt. No. 11]. John failed to file a response so I issued an Order to Show Cause (“OSC”) why the case should not be dismissed for failure to prosecute. [Dkt. No. 20]. John did not respond and instead emailed my courtroom deputy asking for a continuance to respond to the OSC and to file a motion to remand. [Dkt. No. 23]. Noting his pro se status, I granted a one-time reprieve, extended the case schedule, allowed him time to file a motion to remand, and instructed him to…

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