City of Long Beach v. Insurance Company of the State of Pennsylvania et al
| City of Long Beach |
| Insurance Company of the State of Pennsylvania and Lexington Insurance Company |
| 2:2007cv04572 |
| July 16, 2007 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Los Angeles |
| Manuel L Real |
| Ralph Zarefsky |
| Insurance |
| 28 U.S.C. § 1331 Fed. Question: Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 7, 2010. A more recent docket listing may be available from PACER.
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Filing 49
ORDER OF DISMISSAL by Judge Manuel L. Real. IT IS THEREFORE ORDERED that this action is hereby dismissed without costs and without prejudice to the right, upon good cause shown within 45 days, to reopen the action if the settlement is not consummated. The Court reserves its jurisdiction for the purpose of enforcing the settlement. #48 (JS-6. Case Terminated.) (ake)
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| Filing 48 NOTICE of Settlement filed by plaintiff City of Long Beach. (Petti, Russell) |
| Filing 47 Witness List filed by Defendants Insurance Company of the State of Pennsylvania, Lexington Insurance Company.. (Kovarik, Stephen) |
| Filing 46 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff City of Long Beach. (Echeverria, Ricardo) |
| Filing 45 Witness List filed by Plaintiff City of Long Beach.. (Echeverria, Ricardo) |
| Filing 44 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event to be used isMemorandum of Contentions of Fact and Law under PRETRIAL AND TRIAL DOCUMENTS RE: Miscellaneous Document #41 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (pj) |
| Filing 43 Witness List filed by DEFENDANTS Insurance Company of the State of Pennsylvania, Lexington Insurance Company.. (Kovarik, Stephen) |
| Filing 42 Exhibit List filed by DEFENDANTS Insurance Company of the State of Pennsylvania, Lexington Insurance Company.. (Kovarik, Stephen) |
| Filing 41 MEMORANDUM OF CONTENTIONS OF FACT AND LAW filed by Defendants Insurance Company of the State of Pennsylvania, Lexington Insurance Company (Kovarik, Stephen) |
| Filing 40 MINUTES of Status Conference held before Judge Manuel L. Real: The Court sets this matter for Final Pretrial Conference on 1/11/2010 at 11:00 AM and for Jury Trial on 1/26/2010 at 09:00 AM before Judge Manuel L. Real. Court Reporter: Margaret Babykin. (mg) |
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Filing 39
ORDER re Stipulation to CONTINUING THE SCHEDULING CONFERENCE #38 by Judge Manuel L. Real. It is hereby ORDERED that the scheduling conference currently set for November 30, 2009 at 10:00 a.m. be continued to December 7, 2009 at 10:00 a.m. (lom)
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| Filing 38 STIPULATION to Continue Scheduling Conference from November 30, 2009 to December 7, 2009 filed by plaintiff City of Long Beach. (Attachments: #1 Proposed Order Continuing Scheduling Conference)(Petti, Russell) |
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Filing 37
ORDER TO REOPEN CASE AND SET SCHEDULING CONFERENCE re Stipulation #36 by Judge Manuel L. Real. It is Ordered that: 1. That the above captioned lawsuit is hereby re-opened; and 2. A scheduling conference in this matter is set for November 30, 2009 3 at 10:00 a.m. (Case reopened. MD JS-5.) (lom)
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| Filing 36 STIPULATION for Order to Reopen Case and Set Scheduling Conference filed by plaintiff City of Long Beach. (Attachments: #1 Proposed Order to Reopen Case and Set Scheduling Conference)(Petti, Russell) |
| Filing 35 MINUTES OF HEARING ON MANDATE USCA 9th Circuit Affirming in part, Reversing and Remanding on issue ofattorney's fees held before Judge Manuel L. Real: The Mandate of the U.S.C.A. 9th Circuit is filed and spreadupon the records of this Court.The Court hears from counsel regarding the remaining issuesof this case in regards to the attorneys fees. The parties shall file opening briefs on the issue of the attorneysfees on November 9, 2009; and shall file reply briefs on November16, 2009. The matter is set for hearing on the issue of attorneys fees for November 30, 2009 at 10:00 a.m. Court Reporter: Sheri Kleeger. (pj) |
| Filing 34 MINUTES OF IN CHAMBERS ORDER held before Judge Manuel L. Real. This action is ORDERED dismissed without prejudice to either side, and waiving any statute of limitations for either side, to move to Reopen the action upon final resolution of the issues raised inn the appeals currently pending before U.S.C.A. 9th Circuit in 07-56026 and 07-56397 (from CV 04-8650-R). (Made JS-6. Case Terminated.) (rj) |
| Filing 33 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously asssigned District Judge is no longer available. Pursuant to directive of the Chief District Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Judge Manuel L. Real for all further proceedings. Case number will now read CV 07-4572 R (RZx). (rn) |
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Filing 32
ORDER STAYING CASE by Judge Edward Rafeedie: This action is stayed until final resolution of the issues raised in the appeals currently pending before the Ninth Circuit in Nos. 07-56026 and 07-56397. (ps)
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| Filing 31 STIPULATION to Stay Case pending Ninth Circuit final adjudication in underlying action. filed by Defendant Insurance Company of the State of Pennsylvania. (Attachments: #1 Proposed Order [Proposed] Order Staying Action)(Kovarik, Stephen) |
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Filing 30
ORDER by Judge Edward Rafeedie Granting REQUEST to Substitute attorney Rebecca R. Weinreich in place of attorney James P. Wagoner #29 . in place and stead of attorney Summer Allegra Johnson and Lejf Edwin Knutson. (ps)
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| Filing 29 REQUEST to Substitute attorney Rebecca R. Weinreich in place of attorney James P. Wagoner filed by defendant Lexington Insurance Company. (Kovarik, Stephen) |
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Filing 27
SCHEDULING ORDER by Judge Edward Rafeedie, Set/Reset Deadlines/Hearings: Final Pretrial Conference set for 12/8/2008 1:30 PM before Judge Edward Rafeedie. Jury Trial set for 12/16/2008 9:30 AM before Judge Edward Rafeedie. (ps)
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Filing 26
ORDER RE: PREPARATION OF JURY INSTRUCTIONS by Judge Edward Rafeedie: All proposed jury instructions are required to be lodged with the Court and served at least seven days before the trial begins, except for those whose need could not have been foreseen. THE COURT APPRECIATES THE SUBMISSION OF COMPUTER DISKS, IN ADDITION TO PRINTED COPIES, OF THE JURY INSTRUCTIONS, IN EITHER WORDPERFECT 11 OR ASCII TEXT FORMATS. (See document for complete text.) (ps)
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Filing 25
ORDER by Judge Edward Rafeedie: ORDER RE PREPARATION OF TRIAL EXHIBITS by Judge Edward Rafeedie: TO ALL COUNSEL OF RECORD, PLEASE TAKE NOTICE: A joint exhibit list shall be prepared in accordance with Local Rules 11-5.3 and 16-5. All exhibits shall be placed in loose leaf binders containing a label indicating which exhibits are within the binder (i.e., Exhibits 100 to 200). In addition, for each witness who will be questioned about exhibits, a separate loose leaf binder will be compiled containing only copies of those exhibits about which the witness will be examined, and labeled with the name of the witness. This binder will be placed before the witness at the beginning of the examination. A copy of each witness binder will also be provided for use by the Court and counsel. Should opposing counsel wish to cross-examine the witness on additional exhibits, those shall be put in a binder with the name of the witness, indicating that such exhibits are for cross- examination. The cross examination binder will be given to the witness at the outset of cross-examination. A copy of each cross examination binder will also be provided for use by the Court and counsel. (ps)
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| Filing 24 ARTICLE: THE CONDUCT OF TRIALS, A NEGLECTED AREA OF JUDICIAL REFORM BY EDWARD RAFEEDIE. (See document for text of article.) (ps) |
| Filing 22 RULE 26(f) REPORT of Joint Rule 26(f) Report filed by Plaintiff City of Long Beach. (Echeverria, Ricardo) |
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Filing 21
ORDER by Judge Edward Rafeedie Granting Substitution of attorney Rebecca R Weinreich for Insurance Company of the State of Pennsylvania in place and stead of attorney James P Wagoner; Summer Allegra Johnson and Lejf Edwin Knutson. (ps)
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| Filing 28 REQUEST to Substitute attorney Rebecca R. Weinreich for Lewis Brisbois Bisgaard & Smith LLP in place of attorney James P. Wagoner for McCormick Barstow Sheppard Wayte & Carruth, LLP filed by Defendant Insurance Company of the State of Pennsylvania. Lodged Prop order. (lom) |
| Filing 23 NOTICE of Change of Attorney Information: changing e-mail to jim.wagoner@mccormickbarstow.com for attorney James P. Wagoner. Filed by defendants Insurance Company of the State of Pennsylvania, Lexington Insurance Company (cbr) |
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Filing 20
NOTICE OF INTENT TO SCHEDULE THE CASE AND ORDER TO PARTIES TO HOLD RULE 26(f) MEETING by Judge Edward Rafeedie. (ps)
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| Filing 19 NOTICE of Interested Parties filed by Defendants Insurance Company of the State of Pennsylvania, Lexington Insurance Company. (jl) |
| Filing 18 ANSWER to Complaint for Damages: (1) Breach of the Implied Covenant of Good Faith and Fair Dealing; (2) Fraud filed by Defendants Insurance Company of the State of Pennsylvania, Lexington Insurance Company.(jl) |
| Filing 17 TRANSCRIPT filed for proceedings held on 10/29/07 Court Reporter: Freda Mendelsohn. (mo) |
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Filing 16
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS WITHOUT LEAVE TO AMEND by Judge Edward Rafeedie re MOTION to Dismiss 7 . (ps)
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| Filing 15 MINUTES OF Motion Hearing held before Judge Edward Rafeedie: PROCEEDINGS:DEFENDANTS MOTION TO DISMISS (filed September 18, 2007). Case called. Counsel make their appearances. Court and counsel confer. The Court DENIES defendant's motion to dismiss (filed September 18,2007) except for the fraud claim, which is dismissed without leave to amend. Court Reporter: Freda Mendelsohn. (ps) |
| Filing 14 SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE in Support of Defendants' Motion to Dismiss 7 filed by Defendants Insurance Company of the State of Pennsylvania, Lexington Insurance Company. (vh) |
| Filing 13 REPLY BRIEF in support of DEFENDANT'S MOTION to Dismiss 7 filed by Defendants Insurance Company of the State of Pennsylvania and Lexington Insurance Company. (sce) |
| Filing 12 REQUEST FOR JUDICIAL NOTICE in support of its Opposition to MOTION to Dismiss 7 filed by plaintiff City of Long Beach. (ad) |
| Filing 11 OPPOSITION to MOTION to Dismiss 7 filed by Plaintiff City of Long Beach. (ad) |
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Filing 10
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 07.02 -Related Case- filed. Related Case No: CV 04-8650 ER (RZx). Case transfered from Judge Fernando M. Olguin and Dean D. Pregerson to Judge Edward Rafeedie and Ralph Zarefsky for all further proceedings. The case number will now reflect the initials of the transferee Judge CV07-4572 ER (RZx).Signed by Judge Edward Rafeedie (rn)
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| Filing 9 REQUEST FOR JUDICIAL NOTICE in support of Defendants' Motion to Dismiss re MOTION to Dismiss 7 filed by defendants Insurance Company of the State of Pennsylvania and Lexington Insurance Company. (mgra) |
| Filing 8 MEMORANDUM of Point and Authorities in Support of Defendant's Motion to Dismiss. MOTION to Dismiss 7 filed by Defendants Insurance Company of the State of Pennsylvania and Lexington Insurance Company. (mgra) |
| Filing 7 NOTICE OF MOTION AND MOTION to Dismiss filed by defendants Insurance Company of the State of Pennsylvania, Lexington Insurance Company.Motion set for hearing on 10/29/2007 at 10:00 AM before Judge Dean D. Pregerson. (pj) |
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Filing 6
MINUTES OF IN CHAMBERS ORDER This action has been assigned to the calendar of Judge Dean D. Pregerson. Counsel are encouraged to review the Central Districts website for additional information. The address is http://www.cacd.uscourts.gov. It is not necessary to clear a motion date with the Court Clerk prior to filing the motion. The Court hears motions only on Mondays at 10:00 a.m., by Judge Dean D. Pregerson. Court Reporter: none.(jc,)
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| Filing 5 WAIVER OF SERVICE Returned Executed filed by plaintiff City of Long Beach. upon Lexington Insurance Company waiver sent by Plaintiff on 7/20/2007, answer due 9/18/2007. Waiver of Service signed by Annette A. Ballatore-Williamson, Attorney. (yc) |
| Filing 4 WAIVER OF SERVICE Returned Executed filed by plaintiff City of Long Beach. upon Insurance Company of the State of Pennsylvania waiver sent by Plaintiff on 7/20/2007, answer due 9/18/2007. Waiver of Service signed by Annette A. Ballatore-Williamson, Attorney. (yc) |
| Filing 3 NOTICE of Related Case(s) filed by Plaintiff City of Long Beach. Related Case(s): CV 04-8650 ER (RZx) (rn) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff City of Long Beach. (rrey) |
| Filing 1 COMPLAINT against defendants Insurance Company of the State of Pennsylvania, Lexington Insurance Company.(Filing fee $ 350 Paid) Jury Demanded., filed by plaintiff City of Long Beach.(rrey) |
| 20 Day Summons Issued re Complaint - (Discovery) 1 as to Insurance Company of the State of Pennsylvania, Lexington Insurance Company. (rrey) |
| FAX number for Attorney Russell G Petti is 818-952-2186. (rrey) |
| FAX number for Attorney Michael J Bidart, Ricardo Echeverria is 909-625-6915. (rrey) |
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