Juanita Antenor v. Fidelity and Guaranty Life Insurance Company et al
| Juanita Antenor |
| OM Financial Life Insurance Company, Fidelity and Guaranty Life Insurance Company and Does 1 through 10, Inclusive |
| 2:2008cv03722 |
| June 6, 2008 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Los Angeles |
| Paul L Abrams |
| Philip S Gutierrez |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal - Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 12, 2009. A more recent docket listing may be available from PACER.
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| Filing 40 BILL OF COSTS. Costs Taxed in amount of $ 3,869.72 in favor of Defendant OM Financial Life Insurance Company and against Plaintiff Juanita Antenor. RE: First APPLICATION to the Clerk to Tax Costs against plaintiff Juanita Antenor #39 (rb) |
| Filing 39 First APPLICATION to the Clerk to Tax Costs against plaintiff Juanita Antenor filed by defendant OM Financial Life Insurance Company. Application set for hearing on 3/12/2009 at 10:00 AM before Clerk of Court. (Attachments: #1 Bill of Costs on Form CV-59 and Exhibits attached thereto)(Peters, Kristen) |
| Filing 38 JUDGMENT by Judge Philip S. Gutierrez regarding Motion for Summary Judgment #22 . Plaintiff Juanita Antenor take nothing, but the action be dismissed on the merits, and that Defendant recover its costs. (MD JS-6, Case Terminated). (ir) |
| Filing 37 NOTICE OF LODGING filed by Defendant OM Financial re Minutes of In Chambers Order/Directive - no proceeding held #35 (Attachments: #1 [Proposed] Judgment)(Peters, Kristen) |
Filing 36
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez all e-filed proposed orders shall be e-mailed to psg_chambers@cacd.uscourts.gov RE: First MOTION IN LIMINE to Exclude Evidence Relating to Other Life Insurance Applications #31 . See document for further information. (ca)
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Filing 35
MINUTES (IN CHAMBERS) ORDER GRANTING SUMMARY JUDGMENT FOR DEFENDANT by Judge Philip S. Gutierrez: re: MOTION for Summary Judgment #22 . (ca)
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| Filing 34 STATEMENT of Response to Plaintiff's Statement of Genuine Issues and Additional Facts MOTION for Summary Judgment or, in the Alternative Summary Adjudication #22 filed by Defendant OM Financial Life Insurance Company. (Peters, Kristen) |
| Filing 33 REPLY in support of MOTION for Summary Judgment or, in the Alternative Summary Adjudication #22 filed by Defendant OM Financial Life Insurance Company. (Attachments: #1 Declaration of Henry Wang in support of Reply)(Peters, Kristen) |
| Filing 32 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Juanita Antenor. (Horrow, Michael) |
| Filing 31 NOTICE OF MOTION AND First MOTION IN LIMINE to Exclude Evidence Relating to Other Life Insurance Applications filed by Plaintiff Juanita Antenor. Motion set for hearing on 3/10/2009 at 09:00 AM before Judge Philip S. Gutierrez.(Horrow, Michael) |
| Filing 30 PROPOSED ORDER re MOTION for Summary Judgment or, in the Alternative Summary Adjudication #22 filed by Plaintiff Juanita Antenor. (Horrow, Michael) |
| Filing 29 DECLARATION of Michael B. Horrow in Opposition to MOTION for Summary Judgment or, in the Alternative Summary Adjudication #22 filed by Plaintiff Juanita Antenor. (Horrow, Michael) |
| Filing 28 DECLARATION of David Kalib in Opposition to Defendant's Motion for Summary Judgment MOTION for Summary Judgment or, in the Alternative Summary Adjudication #22 filed by Plaintiff Juanita Antenor. (Horrow, Michael) |
| Filing 27 STATEMENT of Genuine Issues in Support of Opposition to Defendant's Motion for Summary Judgment MOTION for Summary Judgment or, in the Alternative Summary Adjudication #22 filed by Plaintiff Juanita Antenor. (Horrow, Michael) |
| Filing 26 MEMORANDUM in Opposition to MOTION for Summary Judgment or, in the Alternative Summary Adjudication #22 filed by Plaintiff Juanita Antenor. (Horrow, Michael) |
| Filing 25 NOTICE OF LODGING filed by Defendant OM Financial Life Insurance Company re Notice of Deficiency in Electronically Filed Documents (G-112), Notice of Deficiency in Electronically Filed Documents (G-112) #24 (Attachments: #1 Proposed Judgment Granting OM Financial's Motion for Summary Judgment, or in the Alternative, Summary Adjudication)(Peters, Kristen) |
| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Notice of Lodging #23 is not attached to the docket entry. [Proposed] Judgment should be a separate attachment to the Notice of Lodging. 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. (bm) |
| Filing 23 NOTICE OF LODGING filed by Defendant OM Financial Life Insurance Company re MOTION for Summary Judgment or, in the Alternative Summary Adjudication #22 (Peters, Kristen) |
| Filing 22 NOTICE OF MOTION AND MOTION for Summary Judgment or, in the Alternative Summary Adjudication filed by defendant OM Financial Life Insurance Company. Motion set for hearing on 2/9/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Separate Statement of Undisputed Facts and Conclusions of Law, #2 Declaration Russel Laws (PART 1), #3 Declaration Russell Laws (PART 2), #4 Declaration Russell Laws (PART 3), #5 Declaration Russell Laws (PART 4), #6 Declaration Russell Laws (PART 5), #7 Declaration Henry Wang (PART 1), #8 Declaration Henry Wang (PART 2), #9 Declaration Henry Wang (PART 3), #10 Declaration Tammy-Anne Campbell, #11 Proposed Order)(Peters, Kristen) |
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Filing 21
ORDER by Judge Philip S. Gutierrez,, Set Final Pretrial Conference for 2/23/2009 02:30 PM before Judge Philip S. Gutierrez., Jury Trial set for 3/10/2009 09:00 AM before Judge Philip S. Gutierrez.) (sbu)
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| Filing 20 MINUTES OF IN CHAMBERS ORDER held before Judge Philip S. Gutierrez: The Order to Show Cause is hereby discharged. (sbu) |
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Filing 19
MINUTES: (In Chambers) VACATING SCHEDULING CONFERENCE; PLEASE TAKE NOTICE that the Scheduling Conference set for hearing on Monday, July 14, 2008 at 2:00 p.m. is hereby vacated and taken off calendar. On the Courts own motion, thefollowing dates are hereby set. Counsel are directed to review the Courts trial order for further details: Add Parties/Amend Pleadings cut-off (Doe Defendants are dismissed as of this cut-off date) 8/14/2008, All Discovery cut-off 12/9/2008, Motion Filing cut-off 1/9/2009, Final Pretrial Conference 2/23/2009 02:30 PM, Jury Trial (Est 7 days) 3/10/2009 09:00 AM. Counsel are reminded that courtesy copies of all electronically filed documents must bedelivered directly to Chambers the following business day before Noon. Further, courtesy copies must include the E-Filed Notice and/or E-Filed Header by Judge Philip S. Gutierrez. (ir)
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Filing 18
ORDER by Judge Philip S. Gutierrez, case ordered to a private mediator based upon a stipulation of the parties. Conference to be held no later than 1/5/09. (ir)
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| Filing 17 Joint Report Re FRCP 26(f) Conference of The Parties filed by Plaintiff Juanita Antenor, Defendants Fidelity and Guaranty Life Insurance Company, OM Financial Life Insurance Company, Does (Wang, Henry) |
| Filing 16 RESPONSE filed by Defendant OM Financial Life Insurance Companyto Minutes of In Chambers Order/Directive - no proceeding held,,,, Set Deadlines/Hearings,,, #13 (Attachments: #1 Declaration Dec of Wang in Support of OM's Response to OSC Re Removal to Federal Court, #2 Declaration Dec of Peters in Support of OM's Response to OSC Re Removal to Federal Court, #3 Declaration Dec of Maskol in Support of OM's Response to OSC Re Removal to Federal Court, #4 Declaration Dec of Laws (Part 1) in Support of OM's Response to OSC Re Removal to Federal Court, #5 Declaration Dec of Laws (Part 2) in Support of OM's Response to OSC Re Removal to Federal Court, #6 Certificate of Service)(Wang, Henry) |
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Filing 15
SCHEDULING ORDER by Judge Philip S. Gutierrez, Set/Reset Deadlines/Hearings:Scheduling Conference set for 7/14/2008 02:00 PM before Judge Philip S. Gutierrez. The Conference will be held pursuant to F.R.Civ. P. 16(b). Counsel are ordered to file a joint statement providing a brief factual summary of the case, including the claims being asserted. The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference, and to file a joint statement with the Court not later than 14 days after they confer, as required by F.R. Civ.P.26 and the Local Rules of this Court. Failure to comply may lead to the imposition of sanctions. (ps)
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Filing 14
ORDER by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Notice (Other) #6 , Corporate Disclosure Statement #9 , Notice of Related Case(s) #8 , Proof of Service (subsequent documents), Proof of Service (subsequent documents) #10 , Certificate/Notice of Interested Parties, #7 , for the following reasons: Case initiating documents are not e-filed. Documents 6-10 are duplicate entries processed by case opening.; (es)
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| Filing 13 MINUTES OF IN CHAMBERS ORDER held before Judge Philip S. Gutierrez re ORDER TO SHOW CAUSE RE REMOVAL TO FEDERAL COURT: Accordingly, the Court orders defendant(s) to show cause in writing no later than July 2, 2008 why this action should not be remanded for the reasons noted above. This deadline shall not extend the time for responding to any motion for remand filed by Plaintiff(s). Plaintiff(s) may submit a response in the same time period. Plaintiff(s) must submit a response within 30 days of the date of removal if the defects are procedural and plaintiff(s) object(s) and request(s) remand. See 28 U.S.C. 1447(c). The parties are reminded that courtesy copies are to be delivered to Chambers. Failure of defendant(s) to respond by the above date will result in the Court remanding this action to state court. The Court further orders the Court Clerk promptly to serve this order on both parties (see document for further details). (bm) |
| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Case initiating documents are not efiled. Documents 6-10 are duplicate entries processed by case opening. RE: Notice (Other) #6 , Corporate Disclosure Statement #9 , Notice of Related Case(s) #8 , Proof of Service (subsequent documents), Proof of Service (subsequent documents) #10 , Certificate/Notice of Interested Parties, #7 . 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. (es) |
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Filing 11
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez: This action has been assigned to the calendar of Judge Philip S. Gutierrez.The responsibility for the progress of litigation in the Federal Courts falls not only upon the attorneys in the action, but upon the Court as well. To secure the just, speedy, and inexpensive determination of every action, Fed. R. Civ. P.1, all counsel are hereby ordered to familiarize themselves with the Fed. R. Civ. P., particularly Fed. R. Civ. P. 16, 26, the Local Rules of the Central District of California, this Court's Order for Jury Trial, and this Court's Order for Court Trial. READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE. (ps)
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| Filing 10 CERTIFICATE OF SERVICE filed by DEFENDANT OM Financial Life Insurance Company, Notice of Removal to Federal Court; Notice of Assignment to Magistrate Judge for Discovery; Notice to Counsel; Notice of ADR Pilot Program; Notice from Clerk; Clerk's Office Services; Civility and Professionalism Guidelines; Standing Order Regarding Newly Assigned Cases served on June 9, 2008. (Peters, Kristen) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT filed by Defendant OM Financial Life Insurance Company identifying Old Mutual U.S. Life Holdings, Inc. as Corporate Parent. (Peters, Kristen) |
| Filing 8 NOTICE of Related Case(s) filed by defendant OM Financial Life Insurance Company. no related actions (Peters, Kristen) |
| Filing 7 CERTIFICATION AND NOTICE of Interested Parties filed by defendant OM Financial Life Insurance Company, identifying Other Interested Party Donahue & Horrow, LLP, Other Affiliate Omnia Life Insurance Company, Corporate Parent Old Mutual U.S. Life Holdings, Inc.. (Peters, Kristen) |
| Filing 6 NOTICE OF REMOVAL OF CIVIL ACTION filed by defendant OM Financial Life Insurance Company. ; Declaration of Henry C. Wang (Peters, Kristen) |
| Filing 5 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(ghap) |
| Filing 4 NOTICE of Related Case(s) filed by defendant OM Financial Life Insurance Company. Related Case(s): no related actions. (ghap) (ds). |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant OM Financial Life Insurance Company identifying Corporate Parent Old Mutual U.S. Life Holdings, Inc. for OM Financial Life Insurance Company. (ghap) (ds). |
| Filing 2 CERTIFICATION of Interested Parties filed by Defendant OM Financial Life Insurance Company, identifying Other Affiliate Donahue & Horrow, LLP, Other Affiliate Omnia Life Insurance Company, Other Affiliate Old Mutual U.S. Life Holdings, Inc. for OM Financial Life Insurance Company. (ghap) (ds). |
| Filing 1 NOTICE OF REMOVAL from Superior Court of the State of California for the County of Los Angeles, case number BC390239 with conformed copy of summons and complaint. Case assigned to Judge Philip S. Gutierrez, Discovery to Magistrate Judge Paul L Abrams. (Filing fee $ 350 PAID.), filed by defendant OM Financial Life Insurance Company.(ghap) (ds). |
| CONFORMED COPY OF PROOF OF SERVICE of Summons and Complaint served Defendant OM Financial Life Insurance Company, person served Karen Harris, agent for service to accept for the party OM Financial Life Insurance Company by personally served delivered the documents on 5/8/08. (FILED IN STATE COURT ON 5/9/08 SUBMITTED ATTACHED TO EXHIBIT A) (ghap) |
| CONFORMED COPY OF ANSWER to Notice of Removal, #1 filed by defendant OM Financial Life Insurance Company. (Filed in State Court on 6/5/08 submit attached Exhibit A)(ghap) |
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