Penn-Star Insurance Company v. The Caden Companies, Inc. et al
| Penn-Star Insurance Company |
| The Caden Companies, Inc, Carmen Pulido, Jodi Caden, The Caden Companies, Inc. and Lori Caden |
| Roes |
| Daniel Ben-Zvi |
| 2:2017cv02369 |
| March 27, 2017 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Andre Birotte |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 48
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #44 filed by Jodi Caden. CCA # 18-55110. Pursuant to the stipulation of the parties, this appeal is voluntarily dismissed. A copy of this order shall serve as and for the mandate of this court. (gk)
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| Filing 47 BILL OF COSTS. Costs taxed in amount of $ 1,779.20 in favor of Plaintiff and against Defendants re: #43 APPLICATION to the Clerk to Tax Costs against Defendants. (wr) |
| Filing 46 Notice of Appearance or Withdrawal of Counsel: for attorney Tung Khuu counsel for Plaintiff Penn-Star Insurance Company. Adding Tung Khuu as counsel of record for Penn-Star Insurance Company for the reason indicated in the G-123 Notice. Filed by Plaintiff Penn-Star Insurance Company. (Attorney Tung Khuu added to party Penn-Star Insurance Company(pty:pla))(Khuu, Tung) |
| Filing 45 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-55110 assigned to Notice of Appeal to 9th Circuit Court of Appeals #44 as to Defendant, Counter Claimant Jodi Caden. (jp) |
| Filing 44 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant and counterclaimant Jodi Caden. Appeal of Judgment,,, #42 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-21159193.) (Yguico, Carlos) |
| Filing 43 APPLICATION to the Clerk to Tax Costs against Defendants All Defendants filed by Plaintiff and Counterdefendant Penn-Star Insurance Company. (Nienow, Thomas) |
| Filing 42 JUDGMENT by Judge Andre Birotte Jr.: IT IS ORDERED, ADJUDGED, AND DECREED that: Plaintiff and counterdefendant Penn-Star Insurance Company ("Penn-Star") has no duty to defend or indemnify defendants and counterclaimants The Caden Companies, Inc., Lori Caden, or Jodi Caden (collectively "Caden") or defendant Carmen Pulido in connection with the underlying litigation styled JKL IP Company, LLC, The Caden Company, etc. v. Creative Forces Group, Inc., C.D. Cal., No. 2:16-cv-09065-CBM-SS, that Caden is not entitled to the judicial declarations and other remedies prayed for in its counterclaim, and that judgment is accordingly entered in favor of Penn-Star and against Caden and Pulido in this action. (MD JS-6, Case Terminated). (gk) |
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Filing 41
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT by Judge Andre Birotte Jr.: Plaintiff Penn-Star Insurance Company's ("Penn-Star") Motion for Summary Judgment #32 is GRANTED in its entirety. The Court will enter Penn-Star's Proposed Judgment. (gk)
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| Filing 40 MINUTES OF PLAINTIFF AND COUNTERDEFENDANT PENN-STAR'S MOTION FOR SUMMARY JUDGMENT held before Judge Andre Birotte Jr. The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motion #32 under submission. Court Reporter: Chia Mei Jui. (iv) |
| Filing 39 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment #32 (Attachments: #1 Proposed Order Granting Penn-Star's Motion for Summary Judgment and Denying Caden's Countermotion for Partial Summary Judgment)(Nienow, Thomas) |
| Filing 38 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment #32 (Attachments: #1 Proposed Judgment)(Nienow, Thomas) |
| Filing 37 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment #32 (Attachments: #1 Proposed Amended Statement of Uncontroverted Facts and Conclusions of Law)(Nienow, Thomas) |
| Filing 36 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment #32 and in opposition to countermotion filed by Plaintiff Penn-Star Insurance Company, Cross Defendant Penn-Star Insurance Company. (Nienow, Thomas) |
| Filing 35 OPPOSITION OPPOSITION re: NOTICE OF MOTION AND MOTION for Summary Judgment #32 filed by Defendants Jodi Caden, Lori Caden, The Caden Companies, Inc., Cross Claimants Jodi Caden, Lori Caden, The Caden Companies, Inc.. (Attachments: #1 Declaration, #2 Supplement Proposed Statement of Uncontroverted Facts and Conclusion of Law)(Yguico, Carlos) |
| Filing 34 DECLARATION of Cheryl A. Mawby in support of NOTICE OF MOTION AND MOTION for Summary Judgment #32 filed by Plaintiff Penn-Star Insurance Company, Cross Defendant Penn-Star Insurance Company. (Nienow, Thomas) |
| Filing 33 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment #32 filed by Plaintiff Penn-Star Insurance Company, Cross Defendant Penn-Star Insurance Company. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Nienow, Thomas) |
| Filing 32 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff and Counterdefendant Penn-Star Insurance Company. Motion set for hearing on 12/15/2017 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order, #2 Proposed Judgment, #3 Proposed Statement of Uncontroverted Facts and Conclusions of Law) (Nienow, Thomas) |
| Filing 31 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Daniel Ben Zvi has been assigned to serve as Panel Mediator. (mb) |
| Filing 30 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Daniel Ben-Zvi may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Defendants Jodi Caden, Lori Caden, The Caden Companies, Inc., Cross Claimants Jodi Caden, Lori Caden, The Caden Companies, Inc. (Yguico, Carlos) |
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Filing 29
ORDER/REFERRAL to ADR Procedure No 2 by Judge Andre Birotte Jr. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 6/29/2018. (cb)
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Filing 28
ORDER RE JURY/COURT TRIAL by Judge Andre Birotte Jr. Final Pretrial Conference set for 8/31/2018 at 11:00 AM before Judge Andre Birotte Jr. Jury Trial set for 9/18/2018 at 08:30 AM before Judge Andre Birotte Jr. SEE ORDER FOR DETAILS. (cb)
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Filing 27
ORDER RE STIPULATION AND REQUEST FROM ALL PARTIES TO CONTINUE SCHEDULING CONFERENCE; JOINT REQUEST FOR TELEPHONIC APPEARANCES BY COUNSEL by Judge Andre Birotte Jr.: Upon Stipulation #26 , this Court orders that the Scheduling Conference presently scheduled for 10:00 AM on 9/29/2017 is VACATED. The court will issue a Scheduling Order without requiring counsel to appear. (gk)
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| Filing 26 STIPULATION to Continue Scheduling Conference from 9/29/17 to 10/6/17 filed by Defendants Jodi Caden, Lori Caden, The Caden Companies, Inc.. (Attachments: #1 Proposed Order)(Yguico, Carlos) |
| Filing 25 (IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE. On August 24, 2017, the Court issued an Order to Show Cause why it should not dismiss this action for lack of prosecution as to Defendant Carmen Pulido. Plaintiff has filed a response to the Order to Show Cause re Lack of Prosecution on September 7, 2017. The Court deems that response satisfactory, and orders the Order to Show Cause discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY |
| Filing 24 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7, filed by Plaintiff Penn-Star Insurance Company, Cross Defendant Penn-Star Insurance Company.. (Nienow, Thomas) |
| Filing 23 RESPONSE filed by Plaintiff Penn-Star Insurance Company, Cross Defendant Penn-Star Insurance Companyto Order to Show Cause,, #22 (Nienow, Thomas) |
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Filing 22
(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Andre Birotte Jr. The Court, on its own motion, orders Plaintiff(s) to show cause, in writing, on or before September 7, 2017, why this action should not be dismissed for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the Court finds that this matter is appropriate for submission without oral argument. The Order to Show Cause will stand submitted upon the filing of Plaintiff(s) response. Failure to respond to this Order to Show Cause will be deemed consent to the dismissal of the action. (iv)
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| Filing 21 NOTICE TO PARTIES by District Judge Andre Birotte Jr.: Effective Monday, July 31, 2017, Judge Birotte will hear all civil matters on Fridays at 10:00 a.m. Any hearing currently on calendar for Monday, July 31st or later will be heard Friday of the same week. Hearing deadlines in scheduling orders shall be read to reflect the same. Motions filed in the month of July will adhere to the current briefing schedule, with opposition and reply briefs due on Mondays. For any motion filed July 31, 2017, or later (noticed for hearing on Friday, September 1, 2017, or later) the briefing schedule shall adhere to Local Rules 7-9 and 7-10, these deadlines each falling on a Friday in accordance with the new Friday calendar dates: 21 days prior for opposition papers and 14 days prior for reply papers. All Jury Trials will still commence on Tuesdays. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 20 (IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE. On June 28, 2017, the Court issued an Order to Show Cause why it should not dismiss this action for lack of prosecution as to Defendant Carmen Pulido. Plaintiff has filed a response to the Order to Show Cause re Lack of Prosecution on July 11, 2017. The Court deems that response satisfactory, and orders the Order to Show Cause discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY |
| Filing 19 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Carmen Pulido. (gk) |
| Filing 18 RESPONSE filed by Plaintiff Penn-Star Insurance Company, Cross Defendant Penn-Star Insurance Companyto Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,, #15 (Attachments: #1 Exhibit, #2 Exhibit)(Nienow, Thomas) |
| Filing 17 REQUEST for Clerk to Enter Default against Defendant Carmen Pulido filed by Plaintiff and Counterdefendant Penn-Star Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Nienow, Thomas) |
| Filing 16 ANSWER to Crossclaim #10 filed by Plaintiff and Counterdefendant Penn-Star Insurance Company.(Nienow, Thomas) |
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Filing 15
MINUTES (IN CHAMBERS) Order To Show Cause Regarding Dismissal for Lack of Prosecution by Judge Andre Birotte Jr.: The Court, on its own motion, orders Plaintiff to show cause, in writing, on or before 7/12/2017, why this action should not be dismissed for lack of prosecution. The Order to Show Cause will stand submitted upon the filing of Plaintiff response. Failure to respond to this Order to Show Cause will be deemed consent to the dismissal of the action. Absent a showing of good cause, an action must be dismissed without prejudice if the summons and complaint are not served on a Defendant within 90 days after the complaint is filed. Plaintiff have failed to file a proof of service within 90 days of the filing of the Complaint on Defendant Carmen Pulido. Plaintiff can satisfy this order by showing that service was effectuated within the 90 day deadline or by showing good cause for the failure to do so. Court Reporter: N/A. (gk)
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| Filing 14 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Cross-Complaint of Defendants The Caden Companies, Inc., dba Belly Bandit, Lori Caden, and Jodi Caden Against Plaintiff Penn-Star Insurance Company #10 . The following error(s) was found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. Other error(s) with document(s) are specified below: Document is styled as a Cross-Complaint, however, appears to be a Counterclaim. 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. (clee) |
| Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service #8 . The following error(s) was found: Incorrect event selected. The correct event is: Service of Summons and Complaint Returned Executed (21 days). 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. (iv) |
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Filing 12
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 9/25/2017 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 11 NOTICE of Interested Parties filed by Defendant and Cross-Complainants Jodi Caden, Lori Caden, The Caden Companies, Inc., (Yguico, Carlos) |
| Filing 10 CROSSCLAIM against Penn-Star Ins. Co. Penn-Star Insurance Company; Jury Demand, filed by Cross-complainants Lori Caden, Jodi Caden, The Caden Companies, Inc..(Yguico, Carlos) |
| Filing 9 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendants Jodi Caden, Lori Caden, The Caden Companies, Inc..(Attorney Carlos V Yguico added to party Jodi Caden(pty:dft), Attorney Carlos V Yguico added to party Lori Caden(pty:dft), Attorney Carlos V Yguico added to party The Caden Companies, Inc. (pty:dft))(Yguico, Carlos) |
| Filing 8 PROOF OF SERVICE filed by Plaintiff Penn-Star Insurance Company, re Summons Issued (Attorney Civil Case Opening) #7 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Complaint (Attorney Civil Case Opening) #1 , Civil Cover Sheet (CV-71) #2 , Notice of Assignment to United States Judges(CV-18) - optional html form #5 , Certificate/Notice of Interested Parties #4 served on 05/19/2017. (Nienow, Thomas) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Jodi Caden, Lori Caden, Carmen Pulido, The Caden Companies, Inc. (et) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Paul L. Abrams. (et) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Penn Star Insurance Company, (Nienow, Thomas) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 , Civil Cover Sheet (CV-71) #2 filed by Plaintiff Penn Star Insurance Company. (Nienow, Thomas) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Penn Star Insurance Company. (Nienow, Thomas) |
| Filing 1 COMPLAINT Receipt No: 0973-19582677 - Fee: $400, filed by Plaintiff Penn Star Insurance Company. (Attorney Thomas Harvey Nienow added to party Penn Star Insurance Company(pty:pla))(Nienow, Thomas) |
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