Nicanora Esquivel v. Prudential Life Insurance Company
| Nicanora Esquivel |
| Prudential Life Insurance Company of New Jersey and Prudential Life Insurance Company doing business as Office of Servicemembers Group Life Insurance |
| Prudential Life Insurance Company |
| Delia Villar |
| 2:2017cv08610 |
| November 29, 2017 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| R Gary Klausner |
| Gail J Standish |
| Otis D Wright |
| Insurance |
| 28 U.S.C. § 1331 Fed. Question: Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 15, 2020. A more recent docket listing may be available from PACER.
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Filing 240
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #235 filed by Nicanora Esquivel. CCA # 19-55640. Pursuant to the stipulation of the parties), this appealis voluntarily dismissed. The parties shall bear their own costs and attorneys' fees on appeal. A copy of this order shall serve as and for the mandate of this court. (jp)
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Filing 239
BILL OF COSTS. Costs Taxed in amount of $3,268.98 in favor of Prudential Life Insurance Company and against Nicanora Esquivel re: Application to the Clerk to Tax Costs against #237 (kd)
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| Filing 238 PROOF OF SERVICE filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company, re APPLICATION to the Clerk to Tax Costs against Plaintiff / Counterclaim Defendant Nicanora Esquivel #237 served on 6/12/2019. (Cocanig, Cody) |
| Filing 237 APPLICATION to the Clerk to Tax Costs against Plaintiff / Counterclaim Defendant Nicanora Esquivel filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company. (Cocanig, Cody) |
| Filing 236 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 19-55640 assigned to Notice of Appeal to 9th Circuit Court of Appeals #235 as to plaintiff Nicanora Esquivel. (jp) |
| Filing 235 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Nicanora Esquivel. Appeal of Judgment, #234 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-23862189.) (Bleistein, David) |
| Filing 234 JUDGMENT IN A CIVIL ACTION that Plaintiff recover nothing, the action be dismissed on the merits, and the Defendant Prudential Life Insurance Company recover costs from the plaintiff Nicanora Esquivel, decided by Judge R. Gary Klausner on Motion for Summary Judgment on 4/30/2019 [Doc No. #212 and by Stipulation on 5/10/2019 [Doc. No. #230 ]. (jp) |
| Filing 233 PROOF OF SERVICE filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company, re Notice of Lodging #232 served on 5/22/2019. (Cocanig, Cody) |
| Filing 232 NOTICE OF LODGING filed re Stipulation to Dismiss Case #230 , Order on Motion for Summary Judgment,,,,, Order on Motion for Partial Summary Judgment,,,,,,,,, #212 (Attachments: #1 Proposed Judgment)(Cocanig, Cody) |
| Filing 231 PROOF OF SERVICE filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company, re Stipulation to Dismiss Case #230 served on 5/10/2019. (Cocanig, Cody) |
| Filing 230 Joint STIPULATION to Dismiss Case pursuant to Rule 41 filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company.(Cocanig, Cody) |
| Filing 229 PROOF OF SERVICE filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company, re Witness List #227 , Exhibit List #226 , Notice of Lodging Proposed Pretrial Order, #228 served on 5/8/2019. (Cocanig, Cody) |
| Filing 228 NOTICE OF LODGING Proposed Pretrial Conference Order ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Attachments: #1 Proposed Final Pre-Trial Conference Order)(Cocanig, Cody) |
| Filing 227 Witness List filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company.. (Cocanig, Cody) |
| Filing 226 AMENDED Exhibit List filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company.. (Cocanig, Cody) |
| Filing 225 PROOF OF SERVICE filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company, re Voir Dire Questions (Proposed) #224 served on 5/6/2019. (Cocanig, Cody) |
| Filing 224 Proposed Voir Dire Questions filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company.. (Cocanig, Cody) |
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Filing 223
ORDER DENIED RE CONTINUANCE OF TRIAL AND PRETRIAL DEADLINES #205 by Judge R. Gary Klausner. (lom)
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| Filing 222 PROOF OF SERVICE filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company, re Objection/Opposition (Motion related), #214 , Objection/Opposition (Motion related), #213 , Objection/Opposition (Motion related), #215 , Objection/Opposition (Motion related), #219 , Objection/Opposition (Motion related), #218 , Objection/Opposition (Motion related), #216 , Objection/Opposition (Motion related), #220 , Objection/Opposition (Motion related), #221 , Objection/Opposition (Motion related), #217 served on 5/3/2019. (Cocanig, Cody) |
| Filing 221 OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE NO. 9 re: MOTION IN LIMINE for Evidentiary Sanctions Defendant Prudential for spoliation of evidence #188 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Cocanig, Cody) |
| Filing 220 OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE NO. 8 re: MOTION IN LIMINE to Bar testimony as to the alleged "latest designation... dated February 24, 2015" in light of violations of duty to communicate #187 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Cocanig, Cody) |
| Filing 219 OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE NO. 7 re: MOTION IN LIMINE for Evidence that Prudential is presumed to be negligent under res ipsa loquitir #186 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Cocanig, Cody) |
| Filing 218 OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE NO. 6 re: MOTION IN LIMINE to Bar evidence regarding missing documents without producing the documents #185 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Cocanig, Cody) |
| Filing 217 OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE NO. 5 re: MOTION IN LIMINE to Exclude non-expert testimony regarding Prudential's Permanent Hold #184 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Cocanig, Cody) |
| Filing 216 OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE NO. 4 re: MOTION IN LIMINE to Exclude speculative testimony by non-expert witnesses #183 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Cocanig, Cody) |
| Filing 215 OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE NO. 3 re: MOTION IN LIMINE to Exclude NO 3 witness not disclosed under rule 26 disclosures #182 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Cocanig, Cody) |
| Filing 214 OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE NO. 2 re: MOTION IN LIMINE to Exclude NO 2 secondary evidence as to matter which Prudential failed to preserver #181 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Cocanig, Cody) |
| Filing 213 OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE NO. 1 re: MOTION IN LIMINE to Exclude testimony about non-produced documents #179 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Cocanig, Cody) |
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Filing 212
MINUTES (IN CHAMBERS) Order Re: The Prudential Life Insurance Company's Motion for Summary Judgment (DE #149 ); Third-Party Defendant Delia Villar's Motion for Summary Judgment (DE #150 ) by Judge R. Gary Klausner. For the foregoing reasons, the Court GRANTS Prudential's motion for summary judgment as to Plaintiff's claims for tortious breach of the implied covenant of good faith and fair dealing, negligence, unjust enrichment and restitution, and declaratory relief. The Court DENIES Prndential's' motion for summary judgment on Plaintiff's claim for negligent misrepresentation. Finally, the Court GRANTS Villar's motion for summary judgment in its entirety. Prudential shall distribute a check equal to the sum of $200,026.00, representing proceeds due as a result of the death of Richard Vidaurri in connection with group life insurance policy number G-32000, issued by Prudential, through the Office of Service members' Group Life Insurance, to the U.S. Department of Veterans Affairs plus applicable interest, to Third-PartyDefendant Delia Villar. IT IS SO ORDERED. (lom)
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| Filing 211 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Third Party Defendant Delia Villar. (Blakeman, Benjamin) |
| Filing 210 Witness List filed by PLAINTIFF Nicanora Esquivel.. (Bleistein, David) |
| Filing 209 JOINT Exhibit List filed by PLAINTIFF Nicanora Esquivel.. (Bleistein, David) |
| Filing 208 MEMORANDUM of CONTENTIONS of FACT and LAW filed by PLAINTIFF Nicanora Esquivel. (Bleistein, David) |
| Filing 207 PROOF OF SERVICE filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company, re Memorandum of Contentions of Fact and Law #206 served on 4/22/2019. (Cocanig, Cody) |
| Filing 206 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company. (Cocanig, Cody) |
| Filing 205 Joint STIPULATION for Jury Trial on June 17, 2019 filed by Third Party Defendant Delia Villar. (Attachments: #1 Declaration Declaration of Benjamin Blakeman ISO Joint Stipulation to Continue Trial Dates, #2 Proposed Order (Proposed) Order re Continuance of Trial and Pretrial Deadlines)(Blakeman, Benjamin) |
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Filing 204
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant Prudential Life Insurance Company's Motion for Summary Judgment as to as to Each of Plaintiff's Claims #149 and Third Party Defendant Delia Villar's Motion for Summary Judgment as to Cross-Claim for Interpleader #150 , calendared for hearing on April 22, 2019, have been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 203 NOTICE OF ERRATA RE MOTION IN LIMINE DOCKET NO. 179 filed by PLAINTIFF Nicanora Esquivel. (Bleistein, David) |
| Filing 202 PROOF OF SERVICE filed by Defendant Prudential Life Insurance Company, re MOTION IN LIMINE (#4) to Preclude Hearsay Testimony Relating to Alleged Communications Relating to the Insured's Intentions or Actions #201 , MOTION IN LIMINE (#3) to Preclude Testimony Concerning Allegations of Bad Faith or Spoliation relating to Missing Screenshot Document Previously Addressed by the Court #200 , MOTION IN LIMINE (#1) to Preclude Testimony Concerning Past Errors Relating to Claims or Parties Not Involved in This Action #198 , MOTION IN LIMINE (#2) to Preclude Testimony Concerning Subsequent Remedial Measures #199 served on April 12, 2019. (Cocanig, Cody) |
| Filing 201 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Preclude Hearsay Testimony Relating to Alleged Communications Relating to the Insured's Intentions or Actions filed by Defendant Prudential Life Insurance Company. Motion set for hearing on 5/28/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Proposed Order)(Cocanig, Cody) |
| Filing 200 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Preclude Testimony Concerning Allegations of Bad Faith or Spoliation relating to Missing Screenshot Document Previously Addressed by the Court filed by Defendant Prudential Life Insurance Company. Motion set for hearing on 5/28/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Proposed Order)(Cocanig, Cody) |
| Filing 199 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Preclude Testimony Concerning Subsequent Remedial Measures filed by Defendant Prudential Life Insurance Company. Motion set for hearing on 5/28/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Proposed Order)(Cocanig, Cody) |
| Filing 198 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Preclude Testimony Concerning Past Errors Relating to Claims or Parties Not Involved in This Action filed by Defendant Prudential Life Insurance Company. Motion set for hearing on 5/28/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Proposed Order)(Cocanig, Cody) |
| Filing 197 NOTICE OF LODGING filed proposed order re MOTION IN LIMINE for Evidentiary Sanctions Defendant Prudential for spoliation of evidence #188 (Attachments: #1 Motion in Limine 9 docket 188)(Bleistein, David) |
| Filing 196 NOTICE OF LODGING filed proposed order re MOTION IN LIMINE to Bar testimony as to the alleged "latest designation... dated February 24, 2015" in light of violations of duty to communicate #187 (Attachments: #1 Proposed Order Motion in Limine 8 docket 187)(Bleistein, David) |
| Filing 195 NOTICE OF LODGING filed proposed order re MOTION IN LIMINE to Bar evidence regarding missing documents without producing the documents #185 (Attachments: #1 Motion in Limine 7 docket 186)(Bleistein, David) |
| Filing 194 NOTICE OF LODGING filed proposed order re MOTION IN LIMINE to Bar evidence regarding missing documents without producing the documents #185 (Attachments: #1 Proposed Order Motion in Limine 6 docket 185)(Bleistein, David) |
| Filing 193 NOTICE OF LODGING filed proposed order re MOTION IN LIMINE to Exclude non-expert testimony regarding Prudential's Permanent Hold #184 (Attachments: #1 Proposed Order Motion in Limine 5 docket 184)(Bleistein, David) |
| Filing 192 NOTICE OF LODGING filed proposed order re MOTION IN LIMINE to Exclude speculative testimony by non-expert witnesses #183 (Attachments: #1 Proposed Order Motion in Limine 4 docket 183)(Bleistein, David) |
| Filing 191 NOTICE OF LODGING filed proposed order re MOTION IN LIMINE to Exclude NO 3 witness not disclosed under rule 26 disclosures #182 (Attachments: #1 Proposed Order Motion in Limine 3 docket 182)(Bleistein, David) |
| Filing 190 NOTICE OF LODGING filed proposed order re MOTION IN LIMINE to Exclude NO 2 secondary evidence as to matter which Prudential failed to preserver #181 (Attachments: #1 Motion in Limine 2 docket 181)(Bleistein, David) |
| Filing 189 NOTICE OF LODGING filed proposed order re MOTION IN LIMINE to Exclude testimony about non-produced documents No. 1 #180 (Attachments: #1 Proposed Order Motion in Limine 1 docket 180)(Bleistein, David) |
| Filing 188 NOTICE OF MOTION AND MOTION IN LIMINE for Evidentiary Sanctions Defendant Prudential for spoliation of evidence filed by plaintiff Nicanora Esquivel. Motion set for hearing on 5/28/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of John Wallace, #2 Exhibit 1 - prudential records, #3 Exhibit A - prudential records produced by prudential, #4 Exhibit B - prudential records produced by prudential)(Bleistein, David) |
| Filing 187 NOTICE OF MOTION AND MOTION IN LIMINE to Bar testimony as to the alleged "latest designation... dated February 24, 2015" in light of violations of duty to communicate filed by plaintiff Nicanora Esquivel. Motion set for hearing on 5/28/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of John Wallace, #2 Exhibit 1 - prudential records, #3 Exhibit F - prudential records offered by prudential)(Bleistein, David) |
| Filing 186 NOTICE OF MOTION AND MOTION IN LIMINE for Evidence that Prudential is presumed to be negligent under res ipsa loquitir filed by plaintiff Nicanora Esquivel. Motion set for hearing on 5/28/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of John Wallace, #2 Exhibit 1 - prudential records, #3 Exhibit 2 - proposed jury instruciton)(Bleistein, David) |
| Filing 185 NOTICE OF MOTION AND MOTION IN LIMINE to Bar evidence regarding missing documents without producing the documents filed by plaintiff Nicanora Esquivel. Motion set for hearing on 5/28/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of John Wallace, #2 Exhibit 1 - prudential records)(Bleistein, David) |
| Filing 184 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude non-expert testimony regarding Prudential's Permanent Hold filed by plaintiff Nicanora Esquivel. Motion set for hearing on 5/28/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of John Wallace)(Bleistein, David) |
| Filing 183 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude speculative testimony by non-expert witnesses filed by plaintiff Nicanora Esquivel. Motion set for hearing on 5/28/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of John Wallace, #2 Exhibit 1 - prudential records)(Bleistein, David) |
| Filing 182 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude NO 3 witness not disclosed under rule 26 disclosures filed by PLAINTIFF Nicanora Esquivel. Motion set for hearing on 5/28/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of John Wallace, #2 Exhibit 1 - PRUDENTIAL RULE 26 DISCLOSURES)(Bleistein, David) |
| Filing 181 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude NO 2 secondary evidence as to matter which Prudential failed to preserver filed by PLAINT Nicanora Esquivel. Motion set for hearing on 5/28/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of John Wallace, #2 Exhibit 1 - prudential records)(Bleistein, David) |
| Filing 180 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude testimony about non-produced documents No. 1 filed by pl Nicanora Esquivel. Motion set for hearing on 5/28/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Exhibit 1 - prudential records)(Bleistein, David) |
| Filing 179 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude testimony about non-produced documents filed by pla Nicanora Esquivel. Motion set for hearing on 5/28/2019 at 09:00 AM before Judge R. Gary Klausner.(Bleistein, David) |
| Filing 178 DISCLOSURE of Pretrial disclosure of Witnesses and Exhibits filed by ThirdParty Defendant Delia Villar (Blakeman, Benjamin) |
| Filing 177 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Cross-claim for interpleader #150 Delia Villar filed by Counter Defendant Delia Villar. (Blakeman, Benjamin) |
| Filing 176 DECLARATION of Benjamin Blakeman In support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Cross-claim for interpleader #150 Delia Villar filed by Counter Defendant Delia Villar. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Blakeman, Benjamin) |
| Filing 175 REPLY In Support of Motion NOTICE OF MOTION AND MOTION for Summary Judgment as to Cross-claim for interpleader #150 Delia Villar filed by Counter Defendant Delia Villar. (Blakeman, Benjamin) |
| Filing 174 PROOF OF SERVICE filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company, re Objection/Opposition (Motion related), #171 , Objection/Opposition (Motion related), #173 , Objection/Opposition (Motion related), #172 , Reply (Motion related), #170 served on 4/8/2019. (Cocanig, Cody) |
| Filing 173 OBJECTION AND RESPONSE TO PLAINTIFF ESQUIVEL'S SEPARATE STATEMENT OF ADDITIONAL ISSUES AND PROPOSED CONCLUSIONS OF LAW re: NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Each of Plaintiff's Claims NOTICE OF MOTION AND MOTION for Partial Summary Judgment #149 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Cocanig, Cody) |
| Filing 172 OBJECTION TO PLAINTIFF ESQUIVEL'S REQUEST FOR JUDICIAL NOTICE re: NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Each of Plaintiff's Claims NOTICE OF MOTION AND MOTION for Partial Summary Judgment #149 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Cocanig, Cody) |
| Filing 171 OBJECTION TO PLAINTIFF ESQUIVEL'S EVIDENTIARY OBJECTIONS re: NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Each of Plaintiff's Claims NOTICE OF MOTION AND MOTION for Partial Summary Judgment #149 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Cocanig, Cody) |
| Filing 170 REPLY in Support of Motion for Summary Judgment filed by ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Attachments: #1 Declaration of Aimee L. Creed, Esq., #2 Exhibit V to Creed Declaration, #3 Exhibit W to Creed Declaration)(Cocanig, Cody) |
| Filing 169 MINUTES OF Further Settlement Conference held before Magistrate Judge Gail J. Standish. The further settlement conference is conducted off the record. There is no settlement. Court Recorder: CS Roybal Courtroom 640. (ec) |
| Filing 168 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum in Support of Motion #157 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Responses/Replies/Other Motion Related Documents>>Memorandum in Opposition. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (yl) |
| Filing 167 NOTICE of errata Re Exhibit 16 in support of Opposition to Motions for Summary Judgment by Defendants Prudential and Ms. Villar filed by Plaintiff Nicanora Esquivel. (Bleistein, David) |
| Filing 166 PROOF OF SERVICE filed by PLAINTIFF Nicanora Esquivel, re Declaration (Motion related),, #164 , Declaration (Motion related),, #165 , Objection/Opposition (Motion related), #159 , Memorandum in Support of Motion #157 , Declaration (Motion related),, #163 , Request for Judicial Notice #158 , Statement (Motion related), #162 , Statement (Motion related), #160 , Statement (Motion related), #161 served on 4/1/19. (Bleistein, David) |
| Filing 165 DECLARATION of LORA FOLEY SUPPORT OF PLAINTIFFS OPPOSITION TO MOTIONS FOR SUMMARY JUDGMENT, ETC NOTICE OF MOTION AND MOTION for Summary Judgment as to Cross-claim for interpleader #150 , NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Each of Plaintiff's Claims NOTICE OF MOTION AND MOTION for Partial Summary Judgment #149 filed by Counter Defendant Nicanora Esquivel, Plaintiff Nicanora Esquivel. (Attachments: #1 Exhibit)(Bleistein, David) |
| Filing 164 DECLARATION of NICANORA ESQUIVEL SUPPORT OF PLAINTIFFS OPPOSITION TO MOTIONS FOR SUMMARY JUDGMENT, ETC NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Each of Plaintiff's Claims NOTICE OF MOTION AND MOTION for Partial Summary Judgment #149 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Cross-claim for interpleader #150 filed by Counter Defendant Nicanora Esquivel, Plaintiff Nicanora Esquivel. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Bleistein, David) |
| Filing 163 DECLARATION of NICANORA ESQUIVEL IN SUPPORT OF PLAINTIFFS OPPOSITION TO MOTIONS FOR SUMMARY JUDGMENT, ETC. NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Each of Plaintiff's Claims NOTICE OF MOTION AND MOTION for Partial Summary Judgment #149 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Cross-claim for interpleader #150 filed by Counter Defendant Nicanora Esquivel, Plaintiff Nicanora Esquivel. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Bleistein, David) |
| Filing 162 STATEMENT of OF GENUINE ISSUES IN OPPOSITION TO DELIA VILLARS MOTION FOR SUMMARY JUDGMENT NOTICE OF MOTION AND MOTION for Summary Judgment as to Cross-claim for interpleader #150 , NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Each of Plaintiff's Claims NOTICE OF MOTION AND MOTION for Partial Summary Judgment #149 filed by Plaintiff Nicanora Esquivel. (Bleistein, David) |
| Filing 161 STATEMENT of OF GENUINE ISSUES IN OPPOSITION TO PRUDENTIALS MOTION FOR SUMMARY JUDGMENT, ETC. NOTICE OF MOTION AND MOTION for Summary Judgment as to Cross-claim for interpleader #150 , NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Each of Plaintiff's Claims NOTICE OF MOTION AND MOTION for Partial Summary Judgment #149 filed by Counter Defendant Nicanora Esquivel, Plaintiff Nicanora Esquivel. (Bleistein, David) |
| Filing 160 STATEMENT of OF GENUINE ISSUES IN OPPOSITION TO PRUDENTIALS MOTION FOR SUMMARY JUDGMENT, ETC. NOTICE OF MOTION AND MOTION for Summary Judgment as to Cross-claim for interpleader #150 , NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Each of Plaintiff's Claims NOTICE OF MOTION AND MOTION for Partial Summary Judgment #149 filed by Counter Defendant Nicanora Esquivel, Plaintiff Nicanora Esquivel. (Bleistein, David) |
| Filing 159 PLTFS NOTICE OF EVIDENTIARY OBJECTIONS IN SUPPORT OF PLTFS OPPOSITION TO MOTION TO DFTS SUMMARY JUDGEMENT re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Cross-claim for interpleader #150 , NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Each of Plaintiff's Claims NOTICE OF MOTION AND MOTION for Partial Summary Judgment #149 filed by Counter Defendant Nicanora Esquivel, Plaintiff Nicanora Esquivel. (Bleistein, David) |
| Filing 158 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLTFS OPPOSITION TO MOTION FOR SUMMARY JUDGEMENT filed by Counter Defendant Nicanora Esquivel, Plaintiff Nicanora Esquivel. (Bleistein, David) |
| Filing 157 MEMORANDUM in Support PLTFS OPPOSITION TO MOTION FOR SUMMARY JUDGEMENT, ETC. filed by Plaintiff Nicanora Esquivel. (Bleistein, David) |
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Filing 156
ORDER by Magistrate Judge Gail J. Standish: granting #154 Motion for Leave for Jewel Watson to appear telephonically for 4/8/2019 Settlement Conference.Ms. Watson is directed to provide to counsel, a telephone number where she can be reach for the settlement conference. (ec)
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| Filing 155 PROOF OF SERVICE filed by Defendant Prudential Life Insurance Company, re REQUEST for Leave of Jewel Watson, Esq. to Appear for Telephonic Settlement Conference #154 served on March 19, 2019. (Cocanig, Cody) |
| Filing 154 REQUEST for Leave of Jewel Watson, Esq. to Appear for Telephonic Settlement Conference filed by Defendant Prudential Life Insurance Company. Request set for hearing on 4/8/2019 at 11:00 AM before Magistrate Judge Gail J. Standish. (Attachments: #1 Proposed Order) (Cocanig, Cody) |
| Filing 153 NOTICE NOTICE OF ERRATA filed by Third-Party Defendant Delia Villar. (Blakeman, Benjamin) |
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Filing 152
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. The following motions, noticed for hearing on April 15, 2019, HAVE BEEN CONTINUED TO APRIL 22, 2019 AT 9:00 am: (1) Defendant Prudential Life Insurance Company's Motion for Summary Judgment #149 and (2) Third Party Defendant Delia Villar's Motion for Summary Judgment #150 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 151 PROOF OF SERVICE filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company, re NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Each of Plaintiff's Claims NOTICE OF MOTION AND MOTION for Partial Summary Judgment #149 served on 3/18/2019. (Cocanig, Cody) |
| Filing 150 NOTICE OF MOTION AND MOTION for Summary Judgment as to Cross-claim for interpleader filed by Third Party Defendant Delia Villar. Motion set for hearing on 4/15/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum Points and Authorities, #2 Separate Statement of Uncontroverted Facts, #3 Declaration Declaration of Benjamin Blakeman, #4 Exhibit Ex A, #5 Exhibit Ex B, #6 Request for Judicial Notice, #7 Exhibit Ex C, #8 Exhibit Ex D, #9 Exhibit Ex E, #10 Exhibit Ex F) (Blakeman, Benjamin) |
| Filing 149 NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Each of Plaintiff's Claims , NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company. Motion set for hearing on 4/15/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Statement of Undisputed Facts, #2 Declaration Declaration of Michael Grillo dated September 11, 2018, #3 Exhibit A to Grillo Decl. Notice of Death, #4 Exhibit B to Grillo Decl. Telephone Log, #5 Exhibit C to Grillo Decl. June 28, 2017 Letter, #6 Exhibit D to Grillo Decl. Nicanora Esquivel Claim Form, #7 Exhibit E to Grillo Decl. August 9, 2017 Letter, #8 Exhibit F to Grillo Decl. September 6, 2017 letter to Nicanora Esquivel, #9 Exhibit G to Grillo Decl. September 6, 2017 letter from Rosen & Associates, #10 Exhibit H to Grillo Decl. September 6, 2017 letter to Delia Villar, #11 Exhibit I to Grillo Decl. Delia Villar Claim Form, #12 Declaration Declaration of Charles Davis dated March 14, 2019, #13 Exhibit J to Davis Decl. VGLI Application, #14 Exhibit K to Davis Decl. COMPASS Beneficiary Screen, #15 Exhibit L to Davis Decl. COMPASS Microfilm Data Screen, #16 Exhibit M to Davis Decl. COMPASS Activity Log, #17 Exhibit N to Davis Decl. August 22, 2013 Letter to Insured, #18 Declaration Declaration of Lindsay Shadbolt dated September 12, 2018, #19 Declaration Declaration of Aimee L. Cred, Esq. dated March 18, 2019, #20 Exhibit O to Creed Decl. Third Party Complaint, #21 Exhibit P to Creed Decl. Second Amended Complaint, #22 Exhibit Q to Creed Decl. Answer & Affirmative Defenses to Second Amended Complaint and Counterclaim, #23 Exhibit R to Creed Decl. Transcript of 2013 Call, #24 Exhibit S to Creed Decl. Plaintiffs Amended Responses to Interrogatories, #25 Exhibit T to Creed Decl. Transcript of Plaintiffs Deposition, #26 Exhibit U to Creed Decl. SGLI Statute, 38 U.S.C. 1965 et seq., #27 Request for Judicial Notice, #28 Memorandum of Points and Authorities in Support of Motion for Summary Judgment, #29 Proposed Order) (Cocanig, Cody) |
| Filing 148 NOTICE by Magistrate Judge Gail J. Standish scheduling a Further Settlement Conference in this matter for 4/8/2019 11:00 AM before Magistrate Judge Gail J. Standish, located in the Roybal Building, 255 E. Temple Street, Courtroom 640, 6th Floor, Los Angeles, CA. Additionally, by no later than 4/1/12019, counsel shall submit to chambers, a brief informal update as to status of the case including negotiations, which will be limited to 5 pages or less -- no legal argument.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ec) TEXT ONLY ENTRY |
| Filing 147 NOTICE filed by Plaintiff Nicanora Esquivel. of difficulties in complying with court's order Re mediation; Declaration of John Wallace, Esq. (Bleistein, David) |
| Filing 146 MINUTES (IN CHAMBERS) by Magistrate Judge Gail J. Standish: granting in part and denying in part #130 Defendant's Motion for Protective Order; granting in part and denying in part #133 Plaintiff's Motion to Compel Deposition. Balancing the factors set forth in the Federal Rules, and given that Prudential may decide to bring certain witnesses to trial if the case proceeds to trial, the Court finds that limited additional discovery should be permitted as set forth below. 1. Prudential shall produce a 30(b) (6) witness for a one-half day, meaning 4 hours on the record, for an in-person deposition, by no later than Friday, February 15, 2019, at a place and time convenient for the parties. 2. Prudential's employees Michael Grillo and Charles Davis, who have previously provided declarations in this case, and the three percipient witnesses identified by Plaintiff shall provide sworn answers to written questions. Plaintiff may propound up to 12 interrogatories directed to each of the individuals. These interrogatories must be answered under penalty of perjury by each individual. The interrogatories must be received by Prudential by noon on Tuesday, February 12, 2019. The responses to these interrogatories shall be served on Plaintiffs counsel by no later than Tuesday, February 26, 2019. The Court finds that this procedure will provide Plaintiff with sufficient ability to follow up with the witnesses. 3. District Judge Klausner approved the extension of the Deadline to Hear Motions by one week, to April 15, 2019. With the exception of the deadlines for the specific discovery described above, all other deadlines in this case remain the same. 4.Plaintiffs counsel was 40 minutes late for the hearing, without apparent justification, requiring Prudential to incur the attorneys fees associated with the delay. The Court Orders Plaintiffs counsel to Show Cause why he should not pay Prudential for one-half hour of Prudentials counsel's time (as actually billed to Prudential). Counsel's response to this OSC is due on or before Monday, Feb 11, 2018. Counsel may choose to pay the fine and not file a response if he so chooses. (ec) |
| Filing 145 MINUTES OF Discovery Hearing held before Magistrate Judge Gail J. Standish regarding Defendants' Motion for Protective Order #130 and Plaintiff's Motion to Compel Discovery #133 . The Court hears arguments regarding the parties' Motions, issues its tentative ruling, and takes the Motions under submission. The Court will issue its ruling shortly. Court Recorder: CS - Roybal Courtroom 640. (ec) |
| Filing 144 REPLY support MOTION to Compel Deposition of Persons Most Knowledgeable etc #133 filed by Plaintiff Nicanora Esquivel. (Bleistein, David) |
| Filing 143 opposition opposition re: MOTION for Protective Order for Quash Notice of Depositions #130 filed by Plaintiff Nicanora Esquivel. (Bleistein, David) |
| Filing 142 REPLY in Support of MOTION for Protective Order for Quash Notice of Depositions #130 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Attachments: #1 Proof of Service)(Cocanig, Cody) |
| Filing 141 PROOF OF SERVICE filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company, re Response in Opposition to Motion, #140 served on 1/16/2019. (Cocanig, Cody) |
| Filing 140 OPPOSITION to MOTION to Compel Deposition of Persons Most Knowledgeable etc #133 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Attachments: #1 Exhibit A - Aimee Creed Declaration, #2 Exhibit B - Charles Davis Declaration, #3 Exhibit C - Michael Grillo Declaration, #4 Exhibit D - Linsday Shadbolt Declaration)(Cocanig, Cody) |
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Filing 139
(IN CHAMBERS) ORDER by Judge R. Gary Klausner. This case has been transferred to the calendar of the Honorable R. Gary Klausner, United States District Judge. The Court modifies the following dates and deadlines in this matter. Pretrial Conference: May 13, 2019 at 9:00 a.m., Deadline to file motions in limine: April 13, 2019.Deadline to file oppositions to motions in limine: May 3, 2019.Deadline to file replies to motions in limine: May 18, 2019, and Jury Trial: May 28, 2019 at 9:00 a.m. The parties shall participate in a further settlement conference with Judge Standish on or before May 1, 2019. All other dates remain as ordered (bp)
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Filing 138
ORDER RE JURY TRIAL by Judge R. Gary Klausner. Pretrial Conference set for 5/13/2019 at 9:00 am; Jury Trial set for 5/28/2019 at 9:00 am. (sw)
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Filing 137
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw)
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Filing 136
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 16-05 by Judge Otis D. Wright, II. Case transferred from Judge Otis D. Wright, II to the calendar of Judge R. Gary Klausner for all further proceedings. Case number now reads as 2:17-cv-08610 RGK(GJSx). (rn)
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| Filing 135 MEMORANDUM in Opposition to MOTION for Protective Order for Quash Notice of Depositions #130 filed by Counter Defendant Nicanora Esquivel. (Bleistein, David) |
| Filing 134 NOTICE OF LODGING filed proposed ORDER re MOTION to Compel Deposition of Persons Most Knowledgeable etc #133 (Attachments: #1 Proposed Order)(Bleistein, David) |
| Filing 133 NOTICE OF MOTION AND MOTION to Compel Deposition of Persons Most Knowledgeable etc filed by PLAINTIFF Nicanora Esquivel. Motion set for hearing on 2/6/2019 at 10:00 AM before Magistrate Judge Gail J. Standish. (Bleistein, David) |
| Filing 132 PROOF OF SERVICE filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company, re Proof of Service (subsequent documents) #131 served on 12/21/2018. (Cocanig, Cody) |
| Filing 131 PROOF OF SERVICE filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company, re MOTION for Protective Order for Quash Notice of Depositions #130 served on 12/21/2018. (Cocanig, Cody) |
| Filing 130 NOTICE OF MOTION AND MOTION for Protective Order for Quash Notice of Depositions filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company. Motion set for hearing on 2/6/2019 at 10:00 AM before Magistrate Judge Gail J. Standish. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Aimee L. Cree, #3 Declaration of Charles Davis, #4 Declaration of Lindsay Shadbolt, #5 Declaration of Michael Grillo, #6 Proposed Order)(Cocanig, Cody) |
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Filing 129
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court is in receipt of defendants Joint STIPULATION to Continue Pre-Trial and Trial Dates #127 .The Court DENIES the request. (lc)
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| Filing 128 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Continue #127 . The following error(s) was/were found: Case number is incorrect or missing. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Title page incomplete... 1st page is only list of attorneys, Missing LR 11-3.8 information re court title, case number, document title, but instead appears on page 2; Missing proposed order. As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order is submitted as Separate Attachment thereto. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc) |
| Filing 127 Joint STIPULATION to Continue Pre-Trial and Trial Dates filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company. (Attachments: #1 Proof of Service)(Cocanig, Cody) |
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Filing 126
ORDER RE JOINT STIPULATION TO CONTINUE PRETRIALDEADLINES #124 by Judge Otis D. Wright, II: The deadlines and hearings originally scheduled have been rescheduled( Discovery cut-off 2/11/2019., Exhibit List due by 4/29/2019., Witness List due by 4/29/2019., Motions in Limine to be filed by 5/6/2019., Proposed Pretrial Order due by 4/29/2019., Status Report due by 4/29/2019., Final Pretrial Conference set for 5/6/2019 01:30 PM., File motions in limine 5/6/2019., Jury Trial set for 5/29/2019 09:00 AM (SEE DOCUMENT FOR OTHER SPECIFIC DEADLINES) (lc)
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| Filing 125 PROOF OF SERVICE filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company, re Stipulation to Continue #124 served on 11/16/2018. (Cocanig, Cody) |
| Filing 124 Joint STIPULATION to Continue Pre-Trial and Trial Dates filed by Defendant / Counterclaim Plaintiff / Third Party Defendant Prudential Life Insurance Company. (Attachments: #1 Proposed Order)(Cocanig, Cody) |
| Filing 123 MINUTES (IN CHAMBERS) by Magistrate Judge Gail J. Standish: denying #98 Motion for Sanctions. (ec) |
| Filing 122 NOTICE by Magistrate Judge Gail J. Standish taking off calendar Plaintiff's Motion for Sanctions #98 . The Motion is taken under submission without oral argument. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ec) TEXT ONLY ENTRY |
| Filing 121 PROOF OF SERVICE filed by Defendant, Counter-Claimant/Third-Party Plaintiff Prudential Life Insurance Company, re Response in Opposition to Motion, #120 served on 12 September 2018. (Cocanig, Cody) |
| Filing 120 OPPOSITION to NOTICE OF MOTION AND MOTION for Sanctions AGAINST DEFENDANT PRUDENTIAL FOR SPOLIATION OF EVIDENCE #98 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration)(Cocanig, Cody) |
| Filing 119 MINUTES OF: 1. PLAINTIFF'S MOTION FOR LEAVE TO PROPOUND 50 ADDITIONAL INTERROGATORIES ON DEFENDANT PRUDENTIAL LIFE INSURANCE (DKT. NO. 69); 2. PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES (DKT. NO. 92); AND DEFENDANT'S CROSS MOTION FOR PROTECTIVE ORDER AND ATTORNEYS' FEES (DKT. NO. 102) held before Magistrate Judge Gail J. Standish. Plaintiff's motion for leave to propound additional interrogatories (Dkt. No. #69 ) is DENIED. Plaintiff's motion to compel further responses to discovery requests (Dkt. No. #92 ) is GRANTED IN PART AND DENIED IN PART. Prudential's cross motion seeking a protective order against further discovery is DENIED WITHOUT PREJUDICE #102 . Both parties' requests for attorneys' fees are DENIED. (See document for details.) Court Recorder: CS 09/05/18. (sbou) |
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Filing 118
ORDER by Magistrate Judge Gail J. Standish re Joint Stipulation re Discovery Motion #116 . Pursuant to the stipulation of the parties, the Court extends the briefing schedule as follows: Defendant's Opposition to Plaintiff's Motion September 12, 2018; Plaintiff's Reply to Defendant's Opposition September 19, 2018. (ec)
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| Filing 117 PROOF OF SERVICE filed by Defendant/Counter-Claimant/Third-Party Plaintiff Prudential Life Insurance Company, re Joint Stipulation re Discovery Motion, #116 served on August 30, 2018. (Cocanig, Cody) |
| Filing 116 JOINT STIPULATION to NOTICE OF MOTION AND MOTION for Sanctions AGAINST DEFENDANT PRUDENTIAL FOR SPOLIATION OF EVIDENCE #98 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Cocanig, Cody) |
| Filing 115 PROOF OF SERVICE filed by Defendant/Counter-Claimant/Third-Party Plaintiff Prudential Life Insurance Company, re Objection/Opposition (Motion related),, #114 served on August 29, 2018. (Cocanig, Cody) |
| Filing 114 Response to Plaintiff's Objections to Evidence Submitted Opposition re: MOTION to Compel Further Responses to Requests for Admissions, Requests for Production and Interrogatories #92 , Cross MOTION for Protective Order for Prohibiting Plaintiff from Serving Further Discovery Requests #102 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Cocanig, Cody) |
| Filing 113 PROOF OF SERVICE filed by Defendant/Counter-Claimant/Third-Party Plaintiff Prudential Life Insurance Company, re Reply (Motion related), #112 served on 29 August, 2018. (Cocanig, Cody) |
| Filing 112 REPLY In Further Support Cross MOTION for Protective Order for Prohibiting Plaintiff from Serving Further Discovery Requests #102 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company, Defendant Prudential Life Insurance Company. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration)(Cocanig, Cody) |
| Filing 111 PROOF OF SERVICE filed by Defendant/Counter-Claimant/Third-Party Plaintiff Prudential Life Insurance Company, re Answer to Counterclaim,,, #110 served on August 24, 2018. (Cocanig, Cody) |
| Filing 110 The Prudential Insurance Company of America's First Amended ANSWER to Amended Complaint/Petition #90 and Prudential's First, Amended COUNTERCLAIM against Nicanora Esquivel, Delia Villar filed by Defendant/Counter-Claimant/Third-Party Plaintiff Prudential Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Cocanig, Cody) |
| Filing 109 OBJECTION OPPOSITION re: Cross MOTION for Protective Order for Prohibiting Plaintiff from Serving Further Discovery Requests #102 filed by Plaintiff Nicanora Esquivel. (Bleistein, David) |
| Filing 108 OPPOSITION OPPOSITION re: Cross MOTION for Protective Order for Prohibiting Plaintiff from Serving Further Discovery Requests #102 filed by Plaintiff Nicanora Esquivel. (Bleistein, David) |
| Filing 107 objection support of motion to compel re: MOTION to Compel Further Responses to Requests for Admissions, Requests for Production and Interrogatories #92 filed by Plaintiff Nicanora Esquivel. (Bleistein, David) |
| Filing 106 REPLY support MOTION to Compel Further Responses to Requests for Admissions, Requests for Production and Interrogatories #92 , Cross MOTION for Protective Order for Prohibiting Plaintiff from Serving Further Discovery Requests #102 filed by Plaintiff Nicanora Esquivel. (Bleistein, David) |
| Filing 105 PROOF OF SERVICE filed by Defendant/Counter-Claimant/Third-Party Plaintiff Prudential Life Insurance Company, re Errata, #104 served on August 16, 2018. (Cocanig, Cody) |
| Filing 104 NOTICE OF ERRATA filed by ThirdParty Plaintiff Prudential Life Insurance Company, Defendant Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company. correcting Cross MOTION for Protective Order for Prohibiting Plaintiff from Serving Further Discovery Requests #102 Notice of Errata Re: Correction of (Proposed) Order [102-4] (Attachments: #1 Corrected Proposed Order)(Cocanig, Cody) |
| Filing 103 PROOF OF SERVICE filed by Defendant/Counter-Claimant/Third-Party Plaintiff Prudential Life Insurance Company, re Cross MOTION for Protective Order for Prohibiting Plaintiff from Serving Further Discovery Requests #102 served on August 15, 2018. (Cocanig, Cody) |
| Filing 102 NOTICE OF MOTION AND Cross MOTION for Protective Order for Prohibiting Plaintiff from Serving Further Discovery Requests filed by Defendant/Counter-Claimant/Third-Party Plaintiff Prudential Life Insurance Company. Motion set for hearing on 9/5/2018 at 10:00 AM before Magistrate Judge Gail J. Standish. (Attachments: #1 Declaration of Aimee L. Creed, #2 Declaration of Michael Grillo, #3 Declaration of Charles Davis, #4 Proposed Order)(Cocanig, Cody) |
| Filing 101 PROOF OF SERVICE filed by Defendant/Counter-Claimant/Third-Party Plaintiff Prudential Life Insurance Company, re Response in Opposition to Motion, #100 served on August 15, 2018. (Cocanig, Cody) |
| Filing 100 OPPOSITION to MOTION to Compel Further Responses to Requests for Admissions, Requests for Production and Interrogatories #92 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Defendant Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company. (Attachments: #1 Declaration of Aimee L. Creed, #2 Declaration of Michael Grillo, #3 Declaration of Charles Davis)(Cocanig, Cody) |
| Filing 99 NOTICE OF LODGING filed PROPOSED ORDER re NOTICE OF MOTION AND MOTION for Sanctions AGAINST DEFENDANT PRUDENTIAL FOR SPOLIATION OF EVIDENCE #98 (Attachments: #1 Proposed Order)(Bleistein, David) |
| Filing 98 NOTICE OF MOTION AND MOTION for Sanctions AGAINST DEFENDANT PRUDENTIAL FOR SPOLIATION OF EVIDENCE filed by PLAINTIFF Nicanora Esquivel. Motion set for hearing on 9/26/2018 at 10:00 AM before Magistrate Judge Gail J. Standish. (Bleistein, David) |
| Filing 97 PROOF OF SERVICE filed by Defendant/Counter-Claimant/Third-Party Plaintiff Prudential Life Insurance Company, re Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #96 against Nicanora Esquivel served on August 7, 2018. (Cocanig, Cody) |
| Filing 96 ANSWER to Amended Complaint/Petition #90 , Affirmative Defenses, and, COUNTERCLAIM against Nicanora Esquivel filed by Defendant/Counter-Claimant/Third-Party Plaintiff Prudential Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Cocanig, Cody) |
| Filing 95 NOTICE by Magistrate Judge Gail J. Standish rescheduling the Motion to Propound 50 additional Interrogatories on Defendant Prudential Life Insurance Co. #69 for hearing on 9/5/2018 at 10:00 AM before Magistrate Judge Gail J. Standish. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ec) TEXT ONLY ENTRY |
| Filing 94 NOTICE OF LODGING filed re MOTION to Compel Further Responses to Requests for Admissions, Requests for Production and Interrogatories #92 (Attachments: #1 Proposed Order)(Bleistein, David) |
| Filing 93 STATEMENT of in support MOTION to Compel Further Responses to Requests for Admissions, Requests for Production and Interrogatories #92 filed by Plaintiff Nicanora Esquivel. (Bleistein, David) |
| Filing 92 NOTICE OF MOTION AND MOTION to Compel Further Responses to Requests for Admissions, Requests for Production and Interrogatories filed by plaintiff Nicanora Esquivel. Motion set for hearing on 9/5/2018 at 10:00 AM before Magistrate Judge Gail J. Standish. (Attachments: #1 Exhibit 1 - 3, #2 Exhibit 4, #3 Exhibit 5 - 9, #4 Exhibit 10 - 15)(Bleistein, David) |
| Filing 91 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #90 . The following error(s) was/were found: Filer e-filed pdf image with previous active electronic headers intact, thus making this current filing's electronic identifying headers illegible on all the pages. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc) |
| Filing 90 SECOND AMENDED COMPLAINT against Defendant All Defendants amending Amended Complaint/Petition #55 , filed by PLAINTIFF Nicanora Esquivel(Bleistein, David) |
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Filing 89
ORDER GRANTING PLAINTIFFS MOTION TO FILE SECOND AMENDED COMPLAINT #66 ; AND DENYING DEFENDANTS AND THIRD-PARTY DEFENDANTS MOTION TO DISMISS AS MOOT #53 , #59 . Plaintiff is required to promptly file the approved Second Amended Complaint as a separate document by Judge Otis D. Wright, II . (lc). Modified on 7/23/2018 (lc).
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| Filing 88 MINUTES OF Settlement Conference held before Magistrate Judge Gail J. Standish. The settlement conference is conducted off the record. There is no settlement at this time. Court Recorder: CS - Roybal Courtroom 640. (ec) |
| Filing 87 REPLY support Lp_prefix_1 NOTICE OF MOTION AND MOTION to Propound 50 additional Interrogatories on Defendant Prudential Life Insurance Co. #69 with exhibits "8" and "9" filed by Plaintiff Nicanora Esquivel. (Bleistein, David) |
| Filing 86 NOTICE of Change of Attorney Business or Contact Information: for attorney Benjamin Blakeman counsel for ThirdParty Defendant Delia Villar. Changing address to 8383 Wilshire Blvd., Beverly Hills, CA 90211. Filed by 3d party defendant Delia Villar. (Blakeman, Benjamin) |
| Filing 85 NOTICE of Change of Attorney Business or Contact Information: for attorney Benjamin Blakeman counsel for ThirdParty Defendant Delia Villar. Changing address to 8383 Wilshire Blvd., Beverly Hills, CA 90211. Filed by 3d party defendant Delia Villar. (Blakeman, Benjamin) |
| Filing 84 COUNSEL ARE TO DISREGARD the entry to vacate the hearing date for docket no. 69. That motion will be heard before the magistrate judge. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 83 COUNSEL ARE NOTIFIED, the MOTION for Leave to file Second Amended Complaint #66 ;and MOTION to Propound 50 additional Interrogatories #69 are taken under submission. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 82 REPLY in support L NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint #66 filed by Plaintiff Nicanora Esquivel. (Bleistein, David) |
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Filing 81
ORDER by Magistrate Judge Gail J. Standish: granting #80 Motion for Leave of Prudential representatives to appear telephonically for the settlement conference. (ec)
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| Filing 80 REQUEST for Leave of Aimee L. Creed, Jewel Watson, and Jodie L. Ousley to Appear for Settlement Conference Telephonically (Unopposed) filed by Defendant, Counter-Claimant and Third Party Plaintiff Prudential Life Insurance Company. Request set for hearing on 7/6/2018 at 10:00 AM before Magistrate Judge Gail J. Standish. (Attachments: #1 Proposed Order, #2 Affidavit Proof of Service) (Cocanig, Cody) |
| Filing 79 MINUTES OF Pre-Discovery Motion Telephone Conference held before Magistrate Judge Gail J. Standish re Parties June 19 2018 email. The Court directs counsel to meet and confer to narrow the issues, if possible, and to determine a briefing schedule for the motions (in accordance with the procedure discussed during the conference). By no later than close of business on Monday, July 2, 2018, counsel shall report back to the Court via its chambers email outlining the proposed briefing schedule for the cross-motions. Court Recorder: XTR. (ec) |
| Filing 78 OPPOSITION to Lp_prefix_1 NOTICE OF MOTION AND MOTION to Propound 50 additional Interrogatories on Defendant Prudential Life Insurance Co. #69 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Defendant Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company. (Attachments: #1 Declaration of Aimee L. Creed, #2 Declaration of Charles Davis, #3 Declaration of Mike Grillo, #4 Affidavit Proof of Service)(Cocanig, Cody) |
| Filing 77 Opposition to Plaintiff's Motion for Leave to File Second Amended Complaint re: L NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint #66 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Defendant Prudential Life Insurance Company, Counter Claimants Prudential Life Insurance Company, Prudential Life Insurance Company. (Attachments: #1 Declaration of Aimee L. Creed, #2 Declaration of Aimee L. Creed - Supplemental, #3 Declaration of Charles Davis, #4 Declaration of Michael Grillo, #5 Affidavit of Proof of Service)(Cocanig, Cody) |
| Filing 76 NOTICE by Magistrate Judge Gail J. Standish scheduling a Pre-Discovery Motion Telephone Conference regarding the parties' June 19, 2018 email for 6/28/2018 at 11:00 AM before Magistrate Judge Gail J. Standish. Counsel shall meet and confer to set up a bridge line and provide the call in information to the Court. Additionally, counsel shall notify the Court Clerk via email at earlene_carson@cacd.uscourts.gov of the name of each counsel appearing on the call. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ec) TEXT ONLY ENTRY |
| Filing 75 NOTICE by Magistrate Judge Gail J. Standish setting Motion to Propound 50 additional Interrogatories on Defendant Prudential Life Insurance Co. #69 for hearing on 7/18/2018 at 10:00 AM before Magistrate Judge Gail J. Standish. Counsel shall follow Local Rules 7-5 et seq for briefing on the Motion.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ec) TEXT ONLY ENTRY |
| Filing 74 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Lodging #67 second amended complaint. The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Clerk NOTES, filer refiled correctly under docket no. 72...The notice of lodging wherein the Proposed second amended complaint WITH exhibits was submitted as a separate attachment as Docket No. 72. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc) |
| Filing 73 Text Only Entry re Motion to Propound 50 additional Interrogatories on Defendant Prudential Life Insurance Co. #69 . The Motion has been referred to Magistrate Judge Gail J. Standish pursuant to District Judge Otis D. Wright, II's Scheduling and Case Management Order [Dkt. 46] pertaining to discovery issues. The 7/16/18 hearing date is hereby vacated. After review of the papers, the Court will determine if oral argument is necessary, at which time counsel will be notified. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ec) TEXT ONLY ENTRY |
| Filing 72 NOTICE OF LODGING filed Second Amended Complaint and Exhibits re L NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint #66 (Attachments: #1 Second Amended Complaint and Exhibits)(Bleistein, David) |
| Filing 71 NOTICE OF LODGING filed Proposed Interrogatories Set 3 re Lp_prefix_1 NOTICE OF MOTION AND MOTION to Propound 50 additional Interrogatories on Defendant Prudential Life Insurance Co. #69 (Attachments: #1 Proposed Interrogatories Set 3)(Bleistein, David) |
| Filing 70 NOTICE OF LODGING filed proposed Order Re Leave to Propound Additional Interrogatories re Lp_prefix_1 NOTICE OF MOTION AND MOTION to Propound 50 additional Interrogatories on Defendant Prudential Life Insurance Co. #69 (Attachments: #1 Proposed Order)(Bleistein, David) |
| Filing 69 Lp_prefix_1 NOTICE OF MOTION AND MOTION to Propound 50 additional Interrogatories on Defendant Prudential Life Insurance Co. filed by Plaintiff Nicanora Esquivel. Motion set for hearing on 7/16/2018 at 01:30 PM before Judge Otis D. Wright II. (Bleistein, David) Modified on 6/14/2018 (ec). |
| Filing 68 NOTICE OF LODGING filed proposed Order re L NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint #66 (Attachments: #1 Proposed Order)(Bleistein, David) |
| Filing 67 NOTICE OF LODGING filed Second Amended Complaint re L NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint #66 (Bleistein, David) |
| Filing 66 L NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint filed by Plaintiff Nicanora Esquivel. Motion set for hearing on 7/16/2018 at 01:30 PM before Judge Otis D. Wright II. (Bleistein, David) |
| Filing 65 The hearing on the MOTION FOR RELIEF #53 , scheduled for June 18, 2018 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
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Filing 64
ORDER GRANTING APPLICATION of Non-Resident Attorney Jodie L. Ousley to Appear Pro Hac Vice on behalf of ThirdParty Plaintiff, Defendant, Counter Claimant Prudential Life Insurance Company and designating Cody J Cocanig as local counsel #61 by Judge Otis D. Wright, II (lc)
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| Filing 63 OBJECTION Response to Plaintiff's Objections to Evidence Submitted In Support of re: NOTICE OF MOTION AND MOTION for Relief from in Interpleader and Dismissal of Claims #53 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Defendant Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company. (Attachments: #1 Affidavit Proof of Service)(Cocanig, Cody) |
| Filing 62 REPLY Reply In Support Of NOTICE OF MOTION AND MOTION for Relief from in Interpleader and Dismissal of Claims #53 filed by ThirdParty Plaintiff Prudential Life Insurance Company, Defendant Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company. (Attachments: #1 Declaration Supplemental - Aimee L. Creed, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Affidavit Proof of Service)(Cocanig, Cody) |
| Filing 61 APPLICATION of Non-Resident Attorney Jodie L. Ousley to Appear Pro Hac Vice on behalf of ThirdParty Plaintiff Prudential Life Insurance Company, Defendant Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21860588) filed by Defendant, Counter-Claimant and Third Party Plaintiff Prudential Life Insurance Company. (Attachments: #1 Proposed Order, #2 Affidavit Proof of Service) (Cocanig, Cody) |
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Filing 60
MINUTE ORDER IN CHAMBERS by Magistrate Judge Gail J. Standish scheduling a Settlement Conference in this matter for 7/18/2018 10:30 AM before Magistrate Judge Gail J. Standish. The confidential settlement conference letters are due on or before 7/11/2018. (ec)
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| Filing 59 NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION for Relief from in Interpleader and Dismissal of Claims #53 and Opposition to Request for Attorney's Fees filed by Third Party Defendant Delia Villar. Motion set for hearing on 6/18/2018 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum Points and Authorities in Opposition to Request for Attorneys' Fees) (Blakeman, Benjamin) |
| Filing 58 NOTICE OF OBJECTIONS TO EVIDENCE opposition re: NOTICE OF MOTION AND MOTION for Relief from in Interpleader and Dismissal of Claims #53 filed by Plaintiff Nicanora Esquivel. (Bleistein, David) |
| Filing 57 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Relief from in Interpleader and Dismissal of Claims #53 declaration of John Wallace and Exhibits filed by Plaintiff Nicanora Esquivel. (Bleistein, David) |
| Filing 56 MINUTES OF Pre-Settlement Conference Telephone Call held before Magistrate Judge Gail J. Standish regarding scheduling a settlement conference in this matter. Counsel are directed to meet and confer and report back to the Court, via chambers email address, by no later than Wednesday, May 30, 2018 with proposed dates for a settlement conference. Court Recorder: N/A. (ec) |
| Filing 55 FIRST AMENDED COMPLAINT against Defendant Prudential Life Insurance Company amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Nicanora Esquivel(Bleistein, David) |
| Filing 54 NOTICE by Magistrate Judge Gail J. Standish continuing the Pre-Settlement Conference Telephone Call for 5/23/2018 at 11:00 AM before Magistrate Judge Gail J. Standish. The call in information for the conference is: Conference Line 888-278-0296; Access Code 7563016. Additionally, counsel shall notify the Court Clerk via email at earlene_carson@cacd.uscourts.gov of the name of each counsel appearing on the call.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ec) TEXT ONLY ENTRY |
| Filing 53 NOTICE OF MOTION AND MOTION for Relief from in Interpleader and Dismissal of Claims filed by Defendant, Counter-Claimant and Third Party Plaintiff Prudential Life Insurance Company. Motion set for hearing on 6/18/2018 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum, #2 Declaration of Aimee Creed, #3 Declaration of Michael Grillo, #4 Declaration of Charles Davis, #5 Proposed Order, #6 Affidavit Proof of Service) (Cocanig, Cody) |
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Filing 52
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Otis D. Wright, II: granting #50 Non-Resident Attorney Aimee L Creed APPLICATION to Appear Pro Hac Vice on behalf of Prudential Life Insurance Company, designating Cody J Cocanig as local counsel. (lom)
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| Filing 51 NOTICE OF ERRATA filed by ThirdParty Plaintiff Prudential Life Insurance Company, Defendant Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company. correcting APPLICATION of Non-Resident Attorney Aimee L. Creed to Appear Pro Hac Vice on behalf of Defendant Prudential Life Insurance Company (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21647166) #50 (Attachments: #1 Exhibit "A" (Proposed) Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice)(Cocanig, Cody) |
| Filing 50 APPLICATION of Non-Resident Attorney Aimee L. Creed to Appear Pro Hac Vice on behalf of Defendant Prudential Life Insurance Company (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21647166) filed by Defendant Prudential Life Insurance Company . (Attachments: #1 Proposed Order) (Cocanig, Cody) |
| Filing 49 NOTICE by Magistrate Judge Gail J. Standish scheduling a Pre-Settlement Conference Telephone Call for 5/15/2018 at 11:00 AM before Magistrate Judge Gail J. Standish. The call in information for the conference is: Conference Line 888-251-2909; Access Code 4043024. Additionally, counsel shall notify the Court Clerk via email at earlene_carson@cacd.uscourts.gov of the name of each counsel appearing on the call.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ec) TEXT ONLY ENTRY |
| Filing 48 DECLARATION of JOHN WALLACE IN RESPONSE TO ORDER TO SHOW CAUSE filed by Plaintiff Nicanora Esquivel. (Bleistein, David) |
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Filing 47
ORDER/REFERRAL to ADR Procedure No 1 by Judge Otis D. Wright, II. Case ordered to Magistrate Judge Gail J. Standish for Settlement Conference. (lc)
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Filing 46
SCHEDULING AND CASE MANAGEMENT ORDER (JURY TRIALS) by Judge Otis D Wright II: THE SCHEDULING CONFERENCE IS VACATED. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES; Jury Trial: 4/2/19 9:00 AM; File final trial exhibit stipulation: 3/28/19; Hearing on Motions in limine: 3/25/19 1:30 PM; Final Pretrial Conference: 3/11/19 1:30 PM; File Motions in Limine:3/11/19 ; File oppositions to motions in limine: 3/18/19; File Proposed Pretrial Conference Order, Memoranda and Contentions of Fact and Law, Joint Witness List, Joint Exhibit List and Exhibit Stipulation, Proposed Verdict Form(s), Proposed Jury Instructions / Disputed Jury Instructions, Proposed Voir Dire Questions, Joint Statement of the Case, Joint Status Report re: Settlement: 3/4/19; Deadline for hearing motions: 2/11/19;Deadline to Conduct Settlement Conference: 2/4/19; Expert discovery cutoff: 12/17/18; Percipient/Fact discovery cutoff: 11/26/18; deadline to amend: 6/25/18. (lc)
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| Filing 45 RESPONSE filed by ThirdParty Plaintiff Prudential Life Insurance Company, Defendant Prudential Life Insurance Company, Counter Claimants Prudential Life Insurance Company, Prudential Life Insurance Companyto Minutes of In Chambers Order/Directive - no proceeding held,,,,, Terminate Deadlines and Hearings,,,,, Set/Reset Deadlines,,,, #43 Joint Response filed by the Parties (Attachments: #1 Affidavit Proof of Service)(Cocanig, Cody) |
| Filing 44 JOINT REPORT Rule 26(f) Discovery Plan CONFERENCE (LOCAL RULE 26.1) ; estimated length of trial 5, filed by Plaintiff Nicanora Esquivel.. (Bleistein, David) |
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Filing 43
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:On January 23, 2018, the Court issued an Order Scheduling Meeting of Counsel and Scheduling Conference (Order) setting the Scheduling Conference for April 2, 2018. (Order,ECF No. 18.) In accordance with Federal Rule of Civil Procedure 26(f)(2), the Order required the parties to file a joint report at least 7 days before the date of the Scheduling Conference.However, the parties have not timely filed a joint report. The Court ORDERS the parties TO SHOW CAUSE, in writing, by March 30, 2018, why: 1) they have not complied with the Courts Order, or Federal Rules of Civil Procedure; and 2) the Court should not sanction the parties. The Court VACATES the Scheduling Conference set for April 2, 2018, and ORDERS the parties to meet and confer, and file a joint report on or before April 6, 2018. To the extent a Scheduling Conference is necessary, the Court will set one upon receipt of the parties joint report. Failure to comply with this Order may result in may result dismissal without further notice (lc)
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| Filing 42 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Third Party Defendant Delia Villar Answer to Counterclaim #40 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Answer to Complaint, Link to third party complaint and third party defendant.. Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc) |
| Filing 41 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Delia Villa Answer to Counterclaim #38 , Notice (Other) #39 . The following error(s) was/were found: Document submitted in the wrong case. Incorrect event selected. Correct event to be used is: Errata (re no. 39). Other error(s) with document(s): "errata" is re answer no. 38 which should have been filed in another case).. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc) |
| Filing 40 ANSWER to Third Party Complaint, #26 filed by Third Party Defendant Delia Villar.(Blakeman, Benjamin) |
| Filing 39 NOTICE Notice of Errata filed by Third Party Defendant Delia Villar. (Blakeman, Benjamin) |
| Filing 38 ANSWER to Third Party Complaint, #26 filed by Third Party Defendant Delia Villar.(Attorney Benjamin Blakeman added to party Delia Villar(pty:3pd))(Blakeman, Benjamin) |
| Filing 36 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents) #35 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Service/Waivers of Summons and Complaints. Other error(s) with document(s): Using the correct event calculates the answer due date. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lom) |
| Filing 37 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Proof of Service (subsequent documents), #35 by Judge Otis D. Wright, II. The document is accepted as filed. (yl) |
| Filing 35 NOTICE OF SERVICE filed by Third Party Plaintiff Prudential Life Insurance Company, re Third Party Complaint, #26 Waiver of the Service of Summons on Delia Villar served on 2/8/2018. (Attachments: #1 Affidavit Proof of Service)(Fode, Stacy) |
| Filing 34 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: On January 22, 2018, Prudential Life Insurance Company filed its answer, third-party complaint, and counter-claim 15 . On January 26, 2018, realizing that it failed toredact certain information in accordance with Federal Rule of Civil Procedure 5.2, Prudential filed a Notice of Errata in an attempt to remedy the mistake. (ECF No. 19.) The Court struck the Notice of Errata for failure to comply with the Local Rules the same day. (ECF No. 22.) On January 31, 2018, Prudential then filed its answer and counter-claim again (ECF No. 25), and an amended third-party complaint. (ECF No. 26.) On February 1, 2018, Prudential filed a Motion to Seal Incorrectly Filed Documents. (ECF No. 33.) The Court STRIKES and SEALS docket entry number 15 in its entirety. To the extent Prudential redacts information, such as social security numbers, pursuant to FederalRule of Civil Procedure 5.2, it is not required to comply with Central District Local Rule 79-5, which governs sealing documents not otherwise protected by the Federal Rules. Given that Prudential refiled its answer, counter-claim, and third-party complaint, with redacted versions of the attachments it originally sought to seal, the Court sees no reason to provide Prudential leave to refile any of those pleadings. Prudential may apply to the Court for appropriate relief, in the event this assumption is incorrect.The Court expects strict compliance with the Local Rules in the future, and discourages duplicative, avoidable filings. In light of this ruling, the Court DISMISSES AS MOOTPrudentials Motion and VACATES the hearing on that Motion #33 . (lc) |
| Filing 33 NOTICE OF MOTION AND MOTION for Order for Seal of Incorrectly Filed Documents [Docket Nos. 15-2; 15-6; 15-8 and 15-10] (Agreed Motion) filed by Defendant, Counterclaim-Plaintiff and Third Party Plaintiff Prudential Life Insurance Company. Motion set for hearing on 3/12/2018 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Cody J. Cocanig, #2 Proposed Order, #3 Affidavit Proof of Service) (Cocanig, Cody) |
| Filing 32 Notice of Appearance or Withdrawal of Counsel: for attorney Cody Joseph Cocanig counsel for ThirdParty Plaintiff Prudential Life Insurance Company, Defendant Prudential Life Insurance Company, Counter Claimant Prudential Life Insurance Company. Adding Cody J. Cocanig as counsel of record for The Prudential Insurance Company of America for the reason indicated in the G-123 Notice. Filed by Defendant The Prudential Insurance Company. (Attachments: #1 Affidavit Proof of Service)(Attorney Cody Joseph Cocanig added to party Prudential Life Insurance Company(pty:3pp), Attorney Cody Joseph Cocanig added to party Prudential Life Insurance Company(pty:dft), Attorney Cody Joseph Cocanig added to party Prudential Life Insurance Company(pty:cc))(Cocanig, Cody) |
| Filing 31 21 DAY Summons Issued re AMENDED Third Party Complaint, #26 as to Third party defendant Delia Villar. (lc) |
| Filing 30 Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons, #29 , Third Party Complaint, #26 filed by Third Party Plaintiff Prudential Life Insurance Company. (Fode, Stacy) |
| Filing 29 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #28 . The following error(s) was found: The date and signature line must be left blank. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
| Filing 28 Request for Clerk to Issue Summons on Third Party Complaint, #26 filed by Third Party Plaintiff Prudential Life Insurance Company. (Fode, Stacy) |
| Filing 27 NOTICE of Interested Parties filed by Defendant Prudential Life Insurance Company, identifying The Prudential Insurance Company of America and Prudential Financial, Inc.. (Attachments: #1 Affidavit Proof of Service)(Fode, Stacy) |
| Filing 26 Amended THIRD PARTY COMPLAINT against Third Party Defendant Delia Villar, filed by Third Party Plaintiff Prudential Life Insurance Company. (Attachments: #1 Exhibit A to Interpleader, #2 Exhibit B to Interpleader, #3 Exhibit C to Interpleader, #4 Exhibit D to Interpleder, #5 Exhibit E to Interpleader, #6 Affidavit Proof of Service)(Fode, Stacy) |
| Filing 25 ANSWER to Complaint (Attorney Civil Case Opening) #1 Affirmative Defenses, and, COUNTERCLAIM against Nicanora Esquivel filed by Defendant, Counter-Claimant Prudential Life Insurance Company. (Attachments: #1 Exhibit 1 to Answer, #2 Exhibit 2 to Answer, #3 Exhibit 3 to Answer, #4 Exhibit 4 to Answer, #5 Exhibit 5 to Answer, #6 Affidavit Proof of Service)(Fode, Stacy) |
| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #23 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: SEE OTHER. SEE OTHER. Please see 1/26/2018 order, filer's answer, counterclaim and third party complaint were STRICKEN AND WERE ORDERED TO BE REFILED AS INSTRUCTED. Because the pleadings were stricken, the proof of service efiled under wrong event is not applicable. If and when pleadings are properly prepared and efiled, the correct event would be Service of summons and complaint returned executed 21 days, and filer to select the appropriate party type. Currently there is no operative counterclaim and Third party complaint. Also do not refiled documents with prior active electronic headers which conflict with current active headers. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc) |
| Filing 23 NOTICE OF SERVICE OF COMPLAINT, ETC. ON COUNSEL FIR COUNTER-DFENDANT AND THIRD PARTY DEFENDANT DELIA VILLAR Nicanora Esquivel. (Bleistein, David) |
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Filing 22
ORDER by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Answer to Complaint (Attorney Civil Case Opening),,, Third Party Complaint,,, Counterclaim,, 15 , Notice (Other)(Errata), #19 , for the following reasons: Counsel is ordered to review the instructions given in docket 21 and comply. Failure to correct both documents in a timely manner, the court will vacate the scheduling date. Review the rules! (lc)
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| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other), #19 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Errata re filer's error ONLY. However this event does not cure the Error re exhibits in its Answer, Counterclaim and Third party complaint.....(SEE OTHER). Filer indicates:Defendant request that the original Exhibits, noted above, be removed and replaced with Exhibits 2, A, C and E attached hereto as true and correct copies of the identical exhibits with the additional redactions. Clerk cannot replace incorrect exhibits nor replace missing captions... Filer should file amended answer, amended counterclaim and amended third party complaint as Appropriate.... Also filer needs to file proper document seeking order of court to file documents under seal re submitted "redacted" documents. Please review court's website for filing under seal. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc) Modified on 1/26/2018 (lc). |
| Filing 20 NOTICE OF SERVICE OF SCHEDULING CONFERENCE ON COUNSEL FOR COUNTER-DEFENDANT AND THIRD PARTY DEFENDANT DELIA VILLAR filed by plaintiff and Counter-Defendant and Third Party Defendant Nicanora Esquivel. (Bleistein, David) |
| Filing 19 NOTICE of Errata filed by Defendant, Counter-Claimant and Third Party Plaintiff Prudential Life Insurance Company. to Correct Caption and Certain Exhibits to its Answer, Affirmative Defenses, and Counterclaim and Third Party Complaint in Interpleader (Attachments: #1 Exhibit A - Caption, #2 Redacted Document Ex 2, #3 Redacted Document Exhibit A, #4 Redacted Document Exhibit C, #5 Redacted Document Exhibit E, #6 Affidavit Proof of Service)(Fode, Stacy) Modified on 1/26/2018 (lc). (STRICKEN PER 1/26/2017 ORDER) |
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Filing 18
ORDER that the Scheduling Conference is set for 4/2/2018 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc)
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| Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Prudential Answer to Complaint (Attorney Civil Case Opening), 15 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: ONLY Prudential Counterclaim and Third Party Complaint, filed with answer as one pdf 15 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Other error(s) with document(s): FRCP 10 MISSING FULL CAPTION OF BOTH THE COUNTERCLAIM AND THE THIRD PARTY COMPLAINT identifying their separate and respective parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc) |
| Filing 14 Joint STIPULATION Extending Time to Answer the complaint as to Prudential Life Insurance Company answer now due 1/22/2018, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Prudential Life Insurance Company. (Attachments: #1 Affidavit Proof of Service)(Attorney Stacy L Fode added to party Prudential Life Insurance Company(pty:dft))(Fode, Stacy) |
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Filing 13
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Jacqueline Chooljian. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Jacqueline Chooljian to Magistrate Judge Gail J. Standish for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:17-cv-08610 ODW(GJSx). (rn)
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| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days),, #11 . The following error(s) was/were found: RE ONLY PAGE 1 AND 2 (image of summons portion)-Filer attached a prior efiled document with that prior efiled active electronic header intact, where upon making the current filings electronic header thereto, illegible. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Nicanora Esquivel, upon Defendant Prudential Life Insurance Company served on 12/7/2017, answer due 12/28/2017. Service of the Summons and Complaint were executed upon California Insurance Commissioner agent for service for "non-admitted" California insurer in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Attachments: #1 Proof of service)(Bleistein, David) |
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Filing 10
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION; PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (rfi)
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| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Prudential Life Insurance Company. (et) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Jacqueline Chooljian. (et) |
| Filing 6 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #5 , Complaint (Attorney Civil Case Opening) #1 filed by plaintiff NICANORA ESQUIVEL. (Bleistein, David) |
| Filing 5 CIVIL COVER SHEET filed by Movant NICANORA ESQUIVEL. (Bleistein, David) |
| Filing 4 Notice of Appearance or Withdrawal of Counsel: for attorney David Paul Bleistein counsel for Movant NICANORA ESQUIVEL. Adding JOHN WALLACE as counsel of record for Plaintiff Nicanora Esquivel for the reason indicated in the G-123 Notice. Filed by Plaintiff NICANORA ESQUIVEL. (Bleistein, David) |
| Filing 3 Notice of Appearance or Withdrawal of Counsel: for attorney David Paul Bleistein counsel for Movant NICANORA ESQUIVEL. Adding David Bleistein as counsel of record for Plaintiff Nicanora Esquivel for the reason indicated in the G-123 Notice. Filed by Plaintiff NICANORA ESQUIVEL. (Bleistein, David) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff NICANORA ESQUIVEL. (Bleistein, David) |
| Filing 1 COMPLAINT Receipt No: 0973-20889657 - Fee: $400, filed by plaintiff NICANORA ESQUIVEL. (Attachments: #1 Exhibit 1) (Attorney David Paul Bleistein added to party NICANORA ESQUIVEL(pty:bkmov))(Bleistein, David) |
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