Farzad Toutouni et al v. The Guardian Life Insurance Company of America et al
| Farzad Toutouni, Farzad Tony Toutouni and Arthur Grant doing business as Jerry Wolfe |
| The Guardian Life Insurance Company of America, Does 1 - 10, Premier Access Insurance Company and Cain Brothers and Company, LLC |
| 2:2017cv01575 |
| February 27, 2017 |
| US District Court for the Central District of California |
| John E McDermott |
| John F Walter |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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Filing 33
ORDER FOR DISMISSAL OFENTIRE ACTION WITHPREJUDICE #32 by Judge John F. Walter that this action is dismissed in its entirety with prejudice as to all parties. Each party is to bear her or its own attorneys fees and costs. (Case CLOSED). (jp)
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| Filing 32 STIPULATION to Dismiss Case filed by Defendant The Guardian Life Insurance Company of America. (Attachments: #1 Proposed Order)(Bernacchi, Michael) |
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Filing 31
MINUTE (IN CHAMBERS) ORDER OF DISMISSAL by Judge John F. Walter: In the Notice of Settlement #30 filed on 10/31/2017, the parties represent that they have settled this action. As a result, the Court dismisses this action without prejudice subject to either party reopening the action on or before 1/30/2017. The Court will retain jurisdiction for the sole purpose of enforcing the settlement until 11/30/2017. Thereafter, absent further order of the Court, the dismissal of this action will be with prejudice. All dates in this action, including the trial date are vacated. (Made JS-6. Case Terminated.) (jp)
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| Filing 30 NOTICE of Settlement filed by Defendant The Guardian Life Insurance Company of America. (Bernacchi, Michael) |
| Filing 29 JOINT REPORT of RE: RESULTS OF MEDIATION filed by Defendant The Guardian Life Insurance Company of America. (Bernacchi, Michael) |
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Filing 28
ORDER TO CONTINUE SETTLEMENT CONFERENCE CUT-OFF DEADLINE #27 by Judge John F. Walter that the settlement conference cut-off deadline in this action is continued from 8/1/2017 to 9/29/2017. IT IS FURTHER ORDERED that the Parties shall file a joint report on the results of the settlement conference by no later than 10/6/2017. (jp)
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| Filing 27 STIPULATION to Continue Settlement Conference Cut-Off Date from 8/1/17 to 9/29/17 filed by Defendant The Guardian Life Insurance Company of America. (Attachments: #1 Proposed Order)(Bernacchi, Michael) |
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Filing 26
MINUTE ORDER IN CHAMBERS by Judge John F. Walter: For the reasons stated herein, defendant's Motion for Judgment on the Pleadings #19 is GRANTED. Plaintiffs' third cause of action for fraud, fourth cause of action for violation of California Business & Professions Code 17200, and Plaintiffs' claim for punitive damages are DISMISSED with prejudice. (cw)
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| Filing 25 DECLARATION of Kevin D. Hughes re Compliance with Local Rules Governing Electronic Filing filed by Plaintiffs Arthur Grant, Farzad Tony Toutouni. (Hughes, Kevin) |
| Filing 24 NOTICE of Appearance filed by attorney Kevin D Hughes on behalf of Plaintiffs Arthur Grant, Farzad Tony Toutouni (Attorney Kevin D Hughes added to party Arthur Grant(pty:pla), Attorney Kevin D Hughes added to party Farzad Tony Toutouni(pty:pla))(Hughes, Kevin) |
| Filing 23 STATEMENT of Non-Receipt of Plaintiffs' Opposition NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #19 filed by Defendant The Guardian Life Insurance Company of America. (Shea, Edith) |
| Filing 22 RESPONSE filed by Plaintiffs Arthur Grant, Farzad Tony Toutounito Order to Show Cause,, #20 , Response #21 CORRECTED FOOTER (Mirharooni, Michael) |
| Filing 21 RESPONSE filed by Plaintiffs Arthur Grant, Farzad Tony Toutounito Order to Show Cause,, #20 (Mirharooni, Michael) |
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Filing 20
ORDER TO SHOW CAUSE RE: SANCTIONS by Judge John F. Walter. Plaintiffs are ordered to show cause, in writing, by May 18, 2017 why the Court should not impose sanctions in the amount of $1,500 against Plaintiffs or dismiss this action for Plaintiffs' failure to cooperate with counsel and comply with the Court's Standing Order and the Local Rules. No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The Order will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Order to Show Cause will result in the imposition of sanctions and dismissal of this action. IT IS SO ORDERED. (jloz)
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| Filing 19 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings filed by Defendant The Guardian Life Insurance Company of America. Motion set for hearing on 6/12/2017 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Edith S. Shea, #3 Exhibits A-F to Declaration of Edith S. Shea, #4 Proposed Order, #5 Proof of Service) (Shea, Edith) |
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Filing 18
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The parties are hereby notified of the following deadlines and hearings that will govern this action: Last day to conduct settlement conference 8/1/2017; Last day to file Joint Report on results of Settlement Conference 8/8/2017; Discovery cut-off 12/4/2017; Last day for hearing on motions 12/18/2017; Proposed Pretrial Order due 1/25/2018; Pretrial Conference set 2/2/2018 at 10:00 a.m.; Hearing on motions in limine/disputed jury instructions 2/9/2018 at 10:00 a.m.; Jury Trial set 2/20/2018 at 8:30 a.m. before Judge John F. Walter. IT IS SO ORDERED. (cw)
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Filing 17
ORDER VACATING SCHEDULING CONFERENCE and ORDER RE: REFERRAL TO ADR Procedure No. 3: The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on April 17, 2017 is VACATED and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The ADR proceeding is to be completed no later than August 1, 2017. (Party terminated: Does (1 - 10).) (cw)
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| Filing 16 PROOF OF SERVICE filed by Defendant The Guardian Life Insurance Company of America, re Joint Report Rule 26(f) Discovery Plan #15 served on 04/03/2017. (Shea, Edith) |
| Filing 15 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 days, filed by Defendant The Guardian Life Insurance Company of America.. (Shea, Edith) |
| Filing 14 Effective April 10, 2017, Judge McDermott will be located at the Edward R. Roybal Federal Building, COURTROOM 630 on the 6th Floor, located at 255 East Temple Street, Los Angeles, California 90012. All court appearances shall be made in Courtroom 630 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mailbox located outside the Clerk's Office on the 1st Floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 13 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant The Guardian Life Insurance Company of America. (Attachments: #1 Supplement of State Court Documents 1 - 15, #2 Proof of Service)(Bernacchi, Michael) |
| Filing 12 DECLARATION of Michael B. Bernacchi re: Compliance with Local Rules Governing Electronic Filing filed by Defendant The Guardian Life Insurance Company of America. (Attachments: #1 Proof of Service)(Bernacchi, Michael) |
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Filing 11
MINUTE (IN CHAMBERS): ORDER DISMISSING DOES by Judge John F. Walter: Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the action as to Doe Defendants 11 through 100, inclusive. (jp)
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| Filing 10 PROOF OF SERVICE filed by Defendant The Guardian Life Insurance Company of America, re Order #7 , Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, #8 served on March 6, 2017. (Bernacchi, Michael) |
| Filing 9 TEXT ONLY ENTRY by chambers of Judge John F. Walter. If not yet provided, courtesy copies of all case opening documents shall be delivered to chambers by 12:00 p.m. on March 3, 2017. (Refer to Court's Standing Order and Local Rule 5-4.5) Failure to comply may result in an Order to Show Cause re Dismissal and/or Sanctions for Failure to Comply with Rules. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jloz) TEXT ONLY ENTRY |
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Filing 8
MINUTE ORDER (IN CHAMBERS): COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for April 17, 2017 at 8:30 a.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before April 3, 2017. (See document for other requirements.) (lom)
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Filing 7
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom)
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| Filing 6 PROOF OF SERVICE filed by Defendant The Guardian Life Insurance Company of America, re Notice of Assignment to United States Judges(CV-18) - optional html form #4 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #5 served on March 1, 2017. (Bernacchi, Michael) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge John E. McDermott. (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Cain Brothers and Company, LLC, Does 1-100, inclusive, Premier Access Insurance Company, The Guardian Life Insurance Company of America., filed by Plaintiffs Farzad Tony Toutouni, Arthur Grant. Filed in State Court on 4/8/16 Submitted with Attachment 1 Exhibit 3 to Notice of Removal (car) |
| CONFORMED COPY OF NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Farzad Tony Toutouni, Arthur Grant, upon Defendant The Guardian Life Insurance Company of America acknowledgment sent by Plaintiff on 12/14/2016, answer due 1/4/2017. Acknowledgment of Service signed by Michael B Bernacchi, Attorney for Defendant. Submitted with Attachment 1 Exhibit 1 to Notice of Removal (car) |
| CONFORMED COPY OF REQUEST FOR DISMISSAL filed by Plaintiffs Farzad Tony Toutouni, Arthur Grant pursuant to FRCP 41a(1) as to Cain Brothers and Company, LLC, Premier Access Insurance Company. Filed in State Court on 2/2/17 Submitted with Attachment 1 Exhibit 2 to Notice of Removal (car) Modified on 2/28/2017 (car). |
| CONFORMED COPY OF ANSWER to Complaint - (Discovery), filed by Defendant The Guardian Life Insurance Company of America. Filed in State Court on 1/31/17 Submitted with attachment 1 Exhibit 1 to Notice of Removal(car) |
| Filing 3 NOTICE of Interested Parties filed by Defendant The Guardian Life Insurance Company of America, (Attachments: #1 Proof of Service)(Bernacchi, Michael) |
| Filing 2 CIVIL COVER SHEET filed by Defendant The Guardian Life Insurance Company of America. (Bernacchi, Michael) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number BC616324 Receipt No: 0973-19426547 - Fee: $400, filed by Defendant The Guardian Life Insurance Company of America. (Attachments: #1 Exhibits 1-3, #2 Proof of Service) (Attorney Michael B Bernacchi added to party The Guardian Life Insurance Company of America(pty:dft))(Bernacchi, Michael) |
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