Liberty Insurance Underwriters, Inc. v. O and S Holdings, LLC
| Liberty Insurance Underwriters, Inc. |
| O&S Holdings, LLC, O and S Holdings, LLC and GMS Holdings, Inc. |
| 2:2018cv03176 |
| April 16, 2018 |
| US District Court for the Central District of California |
| Steve Kim |
| John A Kronstadt |
| Insurance |
| 28 U.S.C. § 2201 Declaratory Judgment (Insurance) |
| None |
Docket Report
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This docket was last retrieved on August 17, 2018. A more recent docket listing may be available from PACER.
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| Filing 33 TEXT-ONLY ENTRY - RECEIVED Notice of Receipt of Electronic Case Transfer from Middle District of Florida, 8:18-cv-02042 filed 8/17/2018. (iv) |
Filing 32
ORDER RE STIPULATION TO TRANSFER VENUE TO UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA (DKT. 31) by Judge John A. Kronstadt. IT IS THEREFORE ORDERED AND ADJUDGED: The Stipulation is GRANTED; The Clerk of Court is directed to transfer this action to the Middle District of Florida. (MD JS-6. Case Terminated.) (bp)
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| Filing 31 STIPULATION to Change Venue to Middle District of Florida filed by Defendant O and S Holdings, LLC. (Attachments: #1 Proposed Order Transferring Venue to USDC Middle District of Florida)(Stern, David) |
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Filing 30
MINUTE ORDER (IN CHAMBERS) ORDER REMOVING GMS HOLDINGS, INC. FROM THE DOCKET AND ORDER DISCHARGING ORDER TO SHOW CAUSE FOR LACK OF PROSECUTION 28 by Judge John A. Kronstadt. Plaintiff filed the Complaint on April 16, 2018. Upon the filing of the Complaint, O&S Holdings, LLC and GMS Holdings, Inc. were added as Defendants to the docket. On July 17, 2018, the Court issued an Order to Show Cause as to why Defendant GMS Holdings, Inc. should not be dismissed for lack of prosecution (Dkt. 28) (the OSC). Plaintiff was directed to file a response to the OSC by July 23, 2018. Upon review of the timely filed Response (Dkt. 29), it is determined that GMS Holdings, Inc. was inadvertently added to the docket upon the filing of the Complaint. The Complaint does not list GMS Holdings, Inc. as a party. Accordingly, the Clerk shall remove GMS Holdings, Inc. from the docket. The OSC is discharged. IT IS SO ORDERED. (lom)
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| Filing 29 RESPONSE filed by Plaintiff Liberty Insurance Underwriters, Inc.to Text Only Scheduling Notice,,,, 28 RE COURT'S ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION RE DEFENDANT GMS HOLDINGS, INC. (Santos, Shannon) |
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Filing 28
(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION RE DEFENDANT GMS HOLDINGS, INC. by Judge John A. Kronstadt: The Court, on its own motion, orders Plaintiff to show cause in writing no later than July 23, 2018, why this Defendant should not be dismissed for lack of prosecution. In the absence of showing good cause, an action shall be dismissed if the summons and complaint have not been served within 90 days after the filing of the complaint pursuant to Fed. R. Civ. P. 4(m). An action or defendant may be dismissed prior to such time if the Plaintiff fails diligently to prosecute the action. The Order to Show Cause will stand submitted upon the filing of an appropriate response. No oral argument will be heard unless otherwise ordered by the Court. Plaintiff is advised that the Court will consider the filing of a responsive pleading to the complaint and/or proof of service, which indicates proper service in full compliance with the federal rules, on or before the date upon which the response is due, as a satisfactory response to the Order to Show Cause. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 27
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Scheduling Conference set for 10/1/2018 at 08:30 AM. Joint Report due by 9/21/2018. Refer to the Court's order for details. (pso)
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Filing 26
(IN CHAMBERS) ORDER CONTINUING DEFENDANT'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, TRANSFER VENUE (DKT. #24 ) by Judge John A. Kronstadt: The Court, on its own motion, continues the Motion from July 23, 2018 to October 1, 2018 at 8:30 a.m. Counsel shall refer to the Court's Standing Order with respect to the briefing schedule for motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 25 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case or In the Alternative Transfer Venue #24 filed by Defendant O and S Holdings, LLC. (Attachments: #1 Exhibit A - Declaration of Gary Safady, #2 Exhibit B - Declaration of Doug Badia, #3 Exhibit C-Vol 1-Complaint for Declaratory Relief, #4 Exhibit C-Vol 2-Complaint for Declaratory Relief)(Stern, David) |
| Filing 24 NOTICE OF MOTION AND MOTION to Dismiss Case or In the Alternative Transfer Venue filed by Defendant O and S Holdings, LLC. Motion set for hearing on 7/23/2018 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Proposed Order On Motion by Defendant O&S or In Alternative Transfer Venue) (Stern, David) |
| Filing 23 NOTICE of Interested Parties filed by Defendant O and S Holdings, LLC, identifying O & S Holdings, LLC. (Stern, David) |
| Filing 22 STIPULATION Extending Time to Answer the complaint as to O and S Holdings, LLC answer now due 6/20/2018, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant O and S Holdings, LLC.(Attorney David H Stern added to party O and S Holdings, LLC (pty:dft))(Stern, David) |
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Filing 21
(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION AS TO DEFENDANT O AND S HOLDINGS, LLC (DKT. #20 ) by Judge John A. Kronstadt: The Court, on its own motion, orders Plaintiff to show cause in writing no later than June 12, 2018, why this action should not be dismissed for lack of prosecution. Pursuant to Rule 55 of the Federal Rules of Civil Procedure, Plaintiff shall file an application requesting the entry of default. Plaintiff is advised that the Court will consider the filing of an application, which complies with the federal rules, on or before the date upon which the response is due, as a satisfactory response to the Order to Show Cause. The Order to Show Cause will stand submitted upon the filing of an appropriate response. No oral argument will be heard unless otherwise ordered by the Court. Failure to respond will result in the dismissal of this matter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 20 PROOF OF SERVICE Executed by Plaintiff Liberty Insurance Underwriters, Inc., upon Defendant O and S Holdings, LLC served on 4/30/2018, answer due 5/21/2018. Service of the Summons and Complaint were executed upon Cicie Frederickson-Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Santos, Shannon) |
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Filing 19
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge John A. Kronstadt: granting #16 Non-Resident Attorney James K. Thurston APPLICATION to Appear Pro Hac Vice on behalf of Liberty Insurance Underwriters, Inc., designating Shannon L Santos as local counsel. (lom)
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Filing 18
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge John A. Kronstadt: granting #17 Non-Resident Attorney Daniel E Tranen APPLICATION to Appear Pro Hac Vice on behalf of Liberty Insurance Underwriters, Inc., designating Shannon L Santos as local counsel. (lom)
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| Filing 17 APPLICATION of Non-Resident Attorney Daniel E. Tranen to Appear Pro Hac Vice on behalf of Plaintiff Liberty Insurance Underwriters, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21662261) filed by Plaintiff Liberty Insurance Underwrite rs, Inc.. (Attachments: #1 Proposed Order) (Santos, Shannon) |
| Filing 16 APPLICATION of Non-Resident Attorney James K. Thurston to Appear Pro Hac Vice on behalf of Plaintiff Liberty Insurance Underwriters, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21660192) filed by Plaintiff Liberty Insurance Underwrit ers, Inc.. (Attachments: #1 Proposed Order) (Santos, Shannon) |
| Filing 15 RESPONSE filed by Pro Hac Vice attorney on behalf of Plaintiff Liberty Insurance Underwriters, Inc.. RE: Notice of Filing Fee Due. PHV fee N/A. Counsel is waiting for receipt of the Certificates of Good Standing which will take longer than five days from the date of this notice before filing the pro hac vice application. (lt) |
| Filing 14 RESPONSE filed by Pro Hac Vice attorney DANIEL TRANEN on behalf of Plaintiff Liberty Insurance Underwriters, Inc.. RE: Notice of Filing Fee Due. PHV fee N/A. Counsel is waiting for receipt of the Certificates of Good Standing which will take longer than five days from the date of this notice before filing the pro hac vice application. (lt) |
| Filing 13 STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT. (SEE ORDER FOR SPECIFICS) (bp) |
| Filing 12 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Daniel Tranen. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) |
| Filing 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney James K. Thurston. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants GMS Holdings, Inc., O and S Holdings, LLC. (car) |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Steve Kim. (car) |
| Filing 7 AMENDED CIVIL COVER SHEET filed by Plaintiff Liberty Insurance Underwriters, Inc.. (Santos, Shannon) |
| Filing 6 NOTICE of Interested Parties filed by Plaintiff Liberty Insurance Underwriters, Inc., identifying Liberty Mutual Insurance Company (parent); Defendant O&S Holding, LLC; Natalie Orfalea (member of O&S); Paul Orfalea (member of O&S); GMS Holdings, Inc. (member of O&S); and GMS Trust (member of O&S). (Santos, Shannon) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Liberty Insurance Underwriters, Inc.. (Santos, Shannon) |
| Filing 4 CIVIL COVER SHEET filed by Plaintiff Liberty Insurance Underwriters, Inc.. (Santos, Shannon) |
| Filing 3 EXHIBIT Filed filed by Plaintiff Liberty Insurance Underwriters, Inc.. EXHIBIT B as to Complaint (Attorney Civil Case Opening) #1 . (Santos, Shannon) |
| Filing 2 EXHIBIT Filed filed by Plaintiff Liberty Insurance Underwriters, Inc.. EXHIBIT A as to Complaint (Attorney Civil Case Opening) #1 . (Santos, Shannon) |
| Filing 1 COMPLAINT Receipt No: 0973-21591688 - Fee: $400, filed by Plaintiff Liberty Insurance Underwriters, Inc.. (Attorney Shannon L Santos added to party Liberty Insurance Underwriters, Inc.(pty:pla))(Santos, Shannon) |
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