Mary Duffy Petersen et al v. Thomas Gatto et al
| Mary Duffy Petersen, Maureen Duffy Lewis, Sheila Lehrman and James Duffy |
| Thomas Gatto, Thomas D. Gatto and Associates, LLC, American Equity Investment Life Insurance Company, Joseph Cina Financial Freedom Senior Funding Corp., Joseph Cina and Does 1-50, Inclusive |
| 2:2015cv08443 |
| October 28, 2015 |
| US District Court for the Central District of California |
| Christina A Snyder |
| Patrick J Walsh |
| Other Fraud |
| 28 U.S.C. § 1441 Notice of Removal - Fraud |
| None |
Docket Report
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| Filing 27 TRANSMITTAL of documents to Clerk, Los Angeles Superior Court, Stanley Mosk Courthouse. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Clerk, Los Angeles Superior Court, Stanley Mosk Courthouse. (gk) |
| Filing 26 MINUTES OF Motion Hearing held before Judge Christina A. Snyder RE: Plaintiffs' Motion to Remand #14 ; and Defendant's Motion to Dismiss and/or Enjoin Plaintiffs' First Amended Complaint #19 . Plaintiffs' motion to remand the case to the Los Angeles County Superior Court, Case No. BC565847, is hereby GRANTED, and further prosecution of that action is hereby ENJOINED, for reasons set forth in the Court's order entered on 2/29/2016 in the McCormick class action, Case No. 2:05-cv-06735-CAS-MAN (C.D. Cal.). Defendant's motion to dismiss is accordingly DENIED AS MOOT. (MD JS-6. Case Terminated) Court Reporter: Laura Elias. (gk) |
| Filing 25 NOTICE OF RECENT DECISION IN RELATED CASE filed by Defendant American Equity Investment Life Insurance Company. (Azarmi, Andrew) |
| Filing 24 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss or Enjoin First Amended Complaint #19 filed by Defendant American Equity Investment Life Insurance Company. (Azarmi, Andrew) |
| Filing 23 PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO MOTION TO DISMISS OR ENJOIN FIRST AMENDED COMPLAINT MOTION TO DISMISS OR ENJOIN FIRST AMENDED COMPLAINT re: NOTICE OF MOTION AND MOTION to Dismiss or Enjoin First Amended Complaint #19 filed by Plaintiff Maureen Duffy Lewis. (Ehrlich, Justin) |
| Filing 22 SCHEDULING NOTICE CONTINUED by Judge Christina A. Snyder re: NOTICE OF MOTION AND MOTION to Remand Case to Central District #14 , previously scheduled for 2/8/2016 at 10:00 AM has been rescheduled. Motion hearing is continued to 2/29/2016 at 10:00 AM before Judge Christina A. Snyder, to be heard simultaneously with NOTICE OF MOTION AND MOTION to Dismiss or Enjoin First Amended Complaint #19 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 21 REPLY Opposition NOTICE OF MOTION AND MOTION to Remand Case to Central District #14 filed by Plaintiff Maureen Duffy Lewis. (Ehrlich, Justin) |
| Filing 20 NOTICE of Opposition in Related Case filed by Plaintiff Mary Duffy Petersen(individually and as Successor-In-Interest, Heir and Personal Representative of PETER C. TUBIOLO, deceased, and Beneficiaries of the PETER C. TUBIOLO REVOCABLE TRUST Dated 12-29-00). (Ehrlich, Justin) |
| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss or Enjoin First Amended Complaint filed by Defendant American Equity Investment Life Insurance Company. Motion set for hearing on 2/29/2016 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Azarmi, Andrew) |
| Filing 18 Request for Judicial Notice in Support of (1) Opposition to Motion to Remand and (2) Motion to Dismiss or Enjoin the First Amended Complaint re: Objection/Opposition (Motion related) #17 (Attachments: #1 Declaration of Andrew S. Azarmi)(Azarmi, Andrew) |
| Filing 17 Opposition to Motion to Remand re: NOTICE OF MOTION AND MOTION to Remand Case to Central District #14 filed by Defendant American Equity Investment Life Insurance Company. (Azarmi, Andrew) |
| Filing 16 NOTICE filed by Defendant American Equity Investment Life Insurance Company. Notice of Motion in Related Case (Attachments: #1 Proof of Service)(Azarmi, Andrew) |
| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion and Motion to Remand Action to State Court filed 12/14/2015 #14 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 14 NOTICE OF MOTION AND MOTION to Remand Case to Central District filed by Plaintiff Mary Duffy Petersen(individually and as Successor-In-Interest, Heir and Personal Representative of PETER C. TUBIOLO, deceased, and Beneficiaries of the PETER C. TUBIOLO REVOCABLE TRUST Dated 12-29-00). Motion set for hearing on 2/8/2016 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Declaration to M-Remand to State Court) (Ehrlich, Justin) |
Filing 13
ORDER GRANTING AMENDED STIPULATION SETTING BRIEFING AND HEARING SCHEDULE ON ANTICIPATED MOTIONS AND TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT BY MORE THAN 30 DAYS by Judge Christina A. Snyder: Upon Stipulation #12 , it is hereby ordered: (1) Plaintiffs shall file their anticipated motion to remand by no later than 12/14/2015. (2) Defendant's response in opposition to Plaintiffs' anticipated motion to remand shall be due on 1/11/2016. (3) Plaintiffs reply brief shall be due on 1/25/2016. (4) The hearing on Plaintiffs' motion to remand shall be conducted on 2/8/2016 at 10:00 AM. (5) Defendant's deadline to respond to the First Amended Complaint, including filing a motion to dismiss or enjoin, shall be 1/11/2016. (6) Plaintiffs' response in opposition to Defendant's anticipated motion to dismiss or enjoin shall be due on 2/19/2016. (7) Defendant's reply brief shall be due on 2/26/2016. (8) The hearing on Defendant's motion to dismiss or enjoin shall be conducted on 2/29/2016 at 10:00 AM. (gk)
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| Filing 12 Amended STIPULATION for Extension of Time to File Anticipated Motions and to Extend Time to Respond to First Amended Complaint by More than 30 Days filed by Defendant American Equity Investment Life Insurance Company. (Attachments: #1 Proposed Order)(Azarmi, Andrew) |
| Filing 11 STIPULATION for Extension of Time to File Anticipated Motions and to Extend Time to Respond to First Amended Complaint by More than 30 Days filed by Defendant American Equity Investment Life Insurance Company. (Attachments: #1 Proposed Order)(Azarmi, Andrew) |
| Filing 10 NOTICE of Entry of Order filed by Defendant American Equity Investment Life Insurance Company. (Attachments: #1 Certificate of Service)(Azarmi, Andrew) |
| Filing 9 NOTICE TO COUNSEL upon filing of the complaint by Judge Christina A. Snyder. (rba) |
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Filing 8
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 -Related Case- filed. Related Case No: CV05-02617 CAS (MANx). Case transferred from Judge R. Gary Klausner to Judge Christina A. Snyder for all further proceedings. The case number will now reflect the initials of the transferee Judge CV15-08443 CAS (PJWx). Signed by Judge Christina A. Snyder. (mg)
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| Filing 7 NOTICE To Plaintiff That Action Has Been Removed to Federal Court filed by defendant American Equity Investment Life Insurance Company. (Geist, Laura) |
| Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening) #1 . The following error(s) was found: Attachments No. #21 Civil Cover Sheet should not have been attached to Docket Entry No. #1. Each document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (jp) |
| Filing 5 PROOF OF SERVICE filed by defendant American Equity Investment Life Insurance Company, re Certificate/Notice of Interested Parties #3 , Notice of Removal (Attorney Civil Case Opening),, #1 , Notice of Related Case(s) #2 served on 10/29/2015. (Geist, Laura) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Patrick J. Walsh. (jp) |
| Filing 3 CERTIFICATE of Interested Parties filed by defendant American Equity Investment Life Insurance Company, identifying American Equity Investment Life Holding Company. (Geist, Laura) |
| CONFORMED COPY OF ORIGINAL FILED COMPLAINT against defendants American Equity Investment Life Insurance Company, Joseph Cina, Thomas Gatto, Joseph Cina Financial Freedom Senior Funding Corp., Thomas D. Gatto and Associates, LLC, Does 1-50, Inclusive, filed by Plaintiffs. (FILED IN STATE COURT ON 12/5/2014 SUBMITTED ATTACHED EXHIBIT A TO NOTICE OF REMOVAL #1 ). (jp) |
| Filing 2 NOTICE of Related Case(s) filed by defendant American Equity Investment Company. Related Case(s): CV-05-6735 (Geist, Laura) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles, case number BC565847 Receipt No: 0973-16696431 - Fee: $400, filed by defendant American Equity Investment Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Civil Cover Sheet) (Attorney Laura L Geist added to party American Equity Investment Company(pty:dft))(Geist, Laura) |
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