Harleysville Insurance Company v. Kings Express, Inc. et al
Plaintiff: Harleysville Insurance Company
Defendant: Kings Express, Inc., MISA IMPORTS, INC., Pro-Com Products, Inc., JOHN VINCENT TARWATER, Infinity Logistics, Inc., Dennis McCormick and Misa Imports, Inc
Alternative Dispute Resolution (Adr) Provider: Sidney K Kanazawa
Case Number: 2:2019cv03817
Filed: May 2, 2019
Court: US District Court for the Central District of California
Presiding Judge: Andre Birotte
Referring Judge: Dolly M Gee
2 Judge: Steve Kim
3 Judge: Consuelo B Marshall
Nature of Suit: Insurance
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 3, 2020 Opinion or Order Filing 110 ORDER RE DISMISSAL OF ACTION WITH PREJUDICE by Judge Dolly M. Gee: Upon Stipulation #109 , IT IS HEREBY ORDERED that the action is dismissed with prejudice. (gk)
October 30, 2020 Filing 109 Joint STIPULATION to Dismiss Case filed by Plaintiff Harleysville Insurance Company. (Attachments: #1 Proposed Order)(Larson, John)
September 14, 2020 Opinion or Order Filing 108 MINUTES (IN CHAMBERS) ORDER AND NOTICE TO ALL PARTIES by Judge Dolly M. Gee: In light of the parties' notice of settlement, indicating that the case has settled in its entirety #107 , this action is placed in inactive status. By 11/2/2020, the parties shall file either (1) a stipulation and proposed order for dismissal of the action or judgment, or (2) a motion to reopen if settlement has not been consummated. Upon the failure to timely comply with this Order, this action shall be deemed dismissed as of 11/3/2020. This Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. All scheduled dates and deadlines are hereby VACATED. (Made JS-6. Case Terminated.) Court Reporter: Not Reported. (gk)
September 14, 2020 Filing 107 NOTICE of Settlement filed by Plaintiff Harleysville Insurance Company. (Larson, John)
September 10, 2020 Filing 106 MEDIATION REPORT Filed by Mediator (ADR Panel) Sidney K Kanazawa: Mediation held on September 9, 2020 and the case has been completely settled. With the filing of this Report, the parties are advised that they must notify the trial judge's deputy courtroom clerk of the fact of settlement and to promptly file documents regarding the final disposition of the case. Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Kanazawa, Sidney)
August 11, 2020 Filing 105 NOTICE OF MEDIATION DATE filed. Mediation set for September 9, 2020.(Kanazawa, Sidney)
July 18, 2020 Filing 104 RESPONSE IN SUPPORT of First NOTICE OF MOTION AND MOTION to Disqualify Counsel John Larson #79 Pro-Com's Counsel's Response to Order to Show Cause filed by Defendant Pro-Com Products, Inc.. (Park, James)
July 6, 2020 Opinion or Order Filing 103 ORDER Re Defendant Pro-Com Products, Inc's Motion for Summary Judgment #78 and Motion to Disqualify Plaintiff's Counsel #79 by Judge Dolly M. Gee, the Court GRANTS in part and DENIES in part the MSJ as follows. Summary adjudication is GRANTED in Pro-Com's favor as to the issues of McCormick's collusion, the lack of prejudice to Harleysville resulting from the insureds' purported breaches of the Policy, and whether the chargeback fees that Pro-Com incurred qualify as "contractual penalties" under the Policy. The MSJ is DENIED in all other respects. Harleysville's requests for Rule 11 sanctions against Pro-Com and a Rule 56(d) continuance of summary judgment proceedings are also DENIED. The Court DENIES the MDQ in full and ORDERS Pro-Coms counsel to show cause why he personally should not have to pay Harleysville's reasonable attorneys' fees incurred in responding to the MDQ. Pro-Com's counsel shall respond to the Order to Show Cause, in writing not to exceed 10 pages, by 7/20/2020. (jp)
June 22, 2020 Opinion or Order Filing 102 (IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendant Pro-Com Products, Inc.'s Motion for Summary #78 and Defendant Pro-Com Products, Inc.s Motion to Disqualify Plaintiff's Counsel #79 presently scheduled for hearing on June 26, 2020, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motions are taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
June 21, 2020 Opinion or Order Filing 101 MINUTES (IN CHAMBERS) ORDER DENYING PRO-COMS THIRD EX PARTE APPLICATION FOR PROTECTIVE ORDER [ECF #99 ] AND WARNING ABOUT DISCOVERY SANCTIONS TO ALL by Magistrate Judge Steve Kim. Defendant Pro-Com Products, Inc.s Third Ex Parte Application for Protective Order (ECF 99) is DENIED. (SEE ORDER FOR DETAILS). (clee)
June 21, 2020 Filing 100 Fourth EX PARTE APPLICATION for Order for Protective order (corrected format) filed by defendant Pro-Com Products, Inc.. (Attachments: #1 Memorandum in support of ex parte (corrected format), #2 Exhibit to memorandum in support of ex parte, #3 Proposed Order proposed order) (Park, James)
June 21, 2020 Filing 99 Third EX PARTE APPLICATION for Order for Protective Order filed by defendant Pro-Com Products, Inc.. (Attachments: #1 Memorandum in support of ex parte application for violation of previous order, #2 Proposed Order proposed order) (Park, James)
June 16, 2020 Opinion or Order Filing 98 MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT PRO-COM'S MOTION FOR PROTECTIVE ORDER [ECF #81 ] by Magistrate Judge Steve Kim. (SEE ORDER FOR DETAILS). (clee)
June 15, 2020 Filing 97 REPLY in support of motion for protective order MOTION for Protective Order for Limiting proposed discovery #81 filed by Defendant Pro-Com Products, Inc.. (Attachments: #1 Declaration of James Park in support of Reply)(Park, James)
June 12, 2020 Filing 96 REPLY In support of Motion to Disqualify First NOTICE OF MOTION AND MOTION to Disqualify Counsel John Larson #79 filed by Defendant Pro-Com Products, Inc.. (Park, James)
June 12, 2020 Opinion or Order Filing 95 (IN CHAMBERS) ORDER by Magistrate Judge Steve Kim. In light of Plaintiff's early filing of its Opposition (ECF #91 ) to Defendant Pro-Com's motion for protective order (ECF #81 ), the Court advances the deadline for Pro-Com's optional reply to 4 PM June 15, 2020, at which time the matter will be submitted for decision without oral argument. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY
June 12, 2020 Filing 94 REPLY Defendant Procom's Motion for Summary Judgment First NOTICE OF MOTION AND MOTION for Summary Judgment as to Count 1 through 4 and Judicial Declaration #78 filed by Defendant Pro-Com Products, Inc.. (Attachments: #1 Declaration of Peggy Lin in support of Reply, #2 Supplement Response to Evidentiary Objections)(Park, James)
June 11, 2020 Opinion or Order Filing 93 ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney Scott W. McMickle to Appear Pro Hac Vice on behalf of Plaintiff Harleysville Insurance Company, designating Yasmine Hussein as local counsel #87 , #90 . (gk)
June 11, 2020 Opinion or Order Filing 92 MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT by Judge Dolly M. Gee: Plaintiff's Motion for Leave to Amend #72 is DENIED. See document for further details. Court Reporter: Not Reported. (gk)
June 11, 2020 Filing 91 MEMORANDUM in Opposition to MOTION for Protective Order for Limiting proposed discovery #81 filed by Plaintiff Harleysville Insurance Company. (Attachments: #1 Declaration JOHN B. LARSON IN SUPPORT OF OPPOSITION TO PRO-COMS MOTION FOR PROTECTIVE ORDER, #2 Declaration YASMINE HUSSEIN IN SUPPORT OF OPPOSITION TO PRO-COMS MOTION FOR PROTECTIVE ORDER, #3 Proposed Order)(Larson, John)
June 11, 2020 Filing 90 Corrected APPLICATION of Non-Resident Attorney Scott W. McMickle to Appear Pro Hac Vice on behalf of Plaintiff Harleysville Insurance Company (Pro Hac Vice Fee - $400.00 Previously Paid on 6/11/2020, Receipt No. 26759031) filed by Plaintiff Harleysville Insurance Company. (Attachments: #1 Proposed Order) (Larson, John)
June 11, 2020 Filing 89 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Scott W. McMickle to Appear Pro Hac Vice on behalf of Plaintiff Harleysville Insurance Company (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26759031) #87 . The following error(s) was/were found: Application is incomplete. Page 3 with information on Local Counsel is missing from application. (Thrasher, Lupe)
June 10, 2020 Opinion or Order Filing 88 MINUTES (IN CHAMBERS) ORDER STAYING NON-PARTY DEPOSITIONS AND EXPEDITING BRIEFING SCHEDULE by Magistrate Judge Steve Kim. Defendant Pro-Com Products, Inc.s ex parte application for protective order or to shorten briefing schedule (ECF #86 ) is granted in part. (SEE ORDER FOR DETAILS). (clee)
June 10, 2020 Filing 87 APPLICATION of Non-Resident Attorney Scott W. McMickle to Appear Pro Hac Vice on behalf of Plaintiff Harleysville Insurance Company (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26759031) filed by Plaintiff Harleysville Insurance Company. (Attachments: #1 Proposed Order) (Larson, John)
June 9, 2020 Filing 86 Second EX PARTE APPLICATION to Shorten Time for Hearing on re MOTION for Protective Order for Limiting proposed discovery #81 , First EX PARTE APPLICATION to Shorten Time for Hearing on re MOTION for Protective Order for Limiting proposed discovery #81 to Prior to June 15, 2020 #85 to before 6/15/2020 (Corrected Format Version) filed by Defendant Pro-Com Products, Inc.. (Attachments: #1 Memorandum memorandum) (Park, James)
June 9, 2020 Filing 85 First EX PARTE APPLICATION to Shorten Time for Hearing on re MOTION for Protective Order for Limiting proposed discovery #81 to Prior to June 15, 2020 filed by Defendant Moving Party Pro-Com Products, Inc.. (Attachments: #1 Memorandum Memorandum in Support of Ex Parte Application, #2 Proposed Order Proposed Order) (Park, James)
June 5, 2020 Filing 84 MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION for Summary Judgment as to Count 1 through 4 and Judicial Declaration #78 filed by Plaintiff Harleysville Insurance Company. (Attachments: #1 STATEMENT OF GENUINE DISPUTES IN SUPPORT OF OPPOSITION TO SUMMARY JUDGMENT, #2 OBJECTIONS TO PRO-COM PRODUCTS, INC.S EVIDENCE IN SUPPORT OF SUMMARY JUDGMENT, #3 Declaration OF YASMINE HUSSEIN IN SUPPORT OF OPPOSITION TO PRO-COM PRODUCTS, INC.S MOTION FOR SUMMARY JUDGMENT, #4 Proposed Order)(Larson, John)
June 5, 2020 Filing 83 MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION to Disqualify Counsel John Larson #79 filed by Plaintiff Harleysville Insurance Company. (Attachments: #1 Declaration OF JOHN B. LARSON IN SUPPORT OF OPPOSITION TO PRO-COM PRODUCTS, INC.S MOTION TO DISQUALIFY COUNSEL, #2 Declaration OF YASMINE HUSSEIN IN SUPPORT OF OPPOSITION TO PRO-COM PRODUCTS, INC.S MOTION TO DISQUALIFY COUNSEL, #3 Proposed Order)(Larson, John)
June 3, 2020 Opinion or Order Filing 82 (IN CHAMBERS) ORDER VACATING HEARING AND SETTING BRIEFING SCHEDULE by Magistrate Judge Steve Kim. The hearing on Defendant's Motion for Protective Order (ECF #81 ) noticed for July 1, 2020 at 10:00 AM is hereby VACATED. The opposition is due within 14 days of the filing of the motion, and an optional reply is due within 7 days of the filing of the opposition.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY
June 3, 2020 Filing 81 NOTICE OF MOTION AND MOTION for Protective Order for Limiting proposed discovery filed by Defendant Pro-Com Products, Inc.. Motion set for hearing on 7/1/2020 at 10:00 AM before Magistrate Judge Steve Kim. (Attachments: #1 Supplement Rule 37-2 Stipulation)(Park, James)
May 26, 2020 Filing 80 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First NOTICE OF MOTION AND MOTION for Summary Judgment as to Count 1 through 4 and Judicial Declaration #78 . The following error(s) was/were found: Local Rule 11-6 Memorandum/brief exceeds 25 pages. Local Rule 56-1 Statement of uncontroverted facts and/or proposed judgment lacking. 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. (gk)
May 26, 2020 Filing 79 First NOTICE OF MOTION AND MOTION to Disqualify Counsel John Larson filed by Defendant Pro-Com Products, Inc.. Motion set for hearing on 6/26/2020 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Motion to Disqualify John Larson) (Park, James)
May 21, 2020 Filing 78 First NOTICE OF MOTION AND MOTION for Summary Judgment as to Count 1 through 4 and Judicial Declaration filed by Defendant Pro-Com Products, Inc.. Motion set for hearing on 6/26/2020 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Memorandum Memorandum of Point and Authorities in Support of Summary Judgment, #2 Supplement Statement of Uncontroverted Facts and Conclusion of Law, #3 Supplement Request to Take Judicial Notice, #4 Exhibit Exhibits 1-21 of request to take judicial notice (part 1 of 2), #5 Exhibit Exhibits 1-21 of request to take judicial notice (part 2 of 2), #6 Declaration Declaration of James Park in Support of Motion for Summary Judgment, #7 Declaration Declaration of Peggy Lin in Support of Motion for Summary Judgment, #8 Exhibit Exhibits 1-6 to Declaration of Peggy Lin) (Park, James)
April 29, 2020 Opinion or Order Filing 77 (IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Plaintiff's Motion to Amend Complaint for Declaratory Relief #72 presently scheduled for hearing on May 1, 2020, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
April 15, 2020 Filing 76 REPLY of Plaintiff to NOTICE OF MOTION AND MOTION to AMEND Complaint (Attorney Civil Case Opening) #2 #72 filed by Plaintiff Harleysville Insurance Company. (Larson, John)
April 10, 2020 Filing 75 NOTICE NOTICE OF JOINDER IN DEFENDANT PRO-COM PRODUCTS, INC.S OPPOSITION TO PLAINTIFFS MOTION TO AMEND COMPLAINT FOR DECLARATORY RELIEF filed by Defendants Infinity Logistics, Inc., Kings Express, Inc., Dennis McCormick. (Yegazarian, Nona)
April 10, 2020 Filing 74 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to AMEND Complaint (Attorney Civil Case Opening) #2 #72 filed by Defendants Infinity Logistics, Inc., Kings Express, Inc., Dennis McCormick. (Attorney Nona Yegazarian added to party Infinity Logistics, Inc.(pty:dft), Attorney Nona Yegazarian added to party Kings Express, Inc. (pty:dft), Attorney Nona Yegazarian added to party Dennis McCormick(pty:dft))(Yegazarian, Nona)
March 31, 2020 Filing 73 Opposition Plaintiff's Motion to Amend Complaint for Declaratory Relief re: NOTICE OF MOTION AND MOTION to AMEND Complaint (Attorney Civil Case Opening) #2 #72 filed by Defendant Pro-Com Products, Inc.. (Park, James)
March 26, 2020 Filing 72 NOTICE OF MOTION AND MOTION to AMEND Complaint (Attorney Civil Case Opening) #2 filed by Plaintiff Harleysville Insurance Company. Motion set for hearing on 5/1/2020 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Larson, John)
February 4, 2020 Filing 71 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Sidney K Kanazawa has been assigned to serve as Panel Mediator. (mb)
February 3, 2020 Filing 70 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Sidney K. Kanazawa may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Harleysville Insurance Company(Larson, John)
January 31, 2020 Opinion or Order Filing 69 PROTECTIVE ORDER by Magistrate Judge Steve Kim re Stipulation for Protective Order #68 . (see document for details) (hr)
January 30, 2020 Filing 68 STIPULATION for Protective Order filed by Plaintiff Harleysville Insurance Company.(Larson, John)
January 30, 2020 Opinion or Order Filing 67 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Magistrate Judge Steve Kim. The following document is STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Stipulation for Protective Order #66 , for the following reasons: Judge Gee refers all discovery matters to the assigned Magistrate Judge. The parties are to re-file the stipulation for protective order in compliance with Judge Kim's procedures. Please refer to: http://www.cacd.uscourts.gov/honorable-steve-kim (hr)
January 29, 2020 Filing 66 **STRICKEN PER ORDER, DOCKET NO. #67 ** STIPULATION for Protective Order filed by Plaintiff Harleysville Insurance Company.(Larson, John) Modified on 1/30/2020 (hr).
January 13, 2020 Opinion or Order Filing 65 SCHEDULING AND CASE MANAGEMENT ORDER FOR JURY TRIAL by Judge Dolly M. Gee. Final Pretrial Conference set for 1/5/2021 02:00 PM before Judge Dolly M. Gee. Jury Trial set for 2/2/2021 08:30 AM before Judge Dolly M. Gee. See document for further details. (Attachments: #1 Schedule of Pretrial and Trial Dates) (gk)
January 13, 2020 Opinion or Order Filing 64 ORDER/REFERRAL to ADR Procedure No 2 by Judge Dolly M. Gee. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 12/8/20. (yl)
December 20, 2019 Opinion or Order Filing 63 ORDER DISMISSING DEFENDANT JOHN VINCENT TARWATER WITH PREJUDICE #61 by Judge Dolly M. Gee. (lom)
December 19, 2019 Opinion or Order Filing 62 (IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court, on its own motion, hereby VACATES the Scheduling Conference presently set on December 20, 2019. A Scheduling and Case Management Order to issue. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lst) TEXT ONLY ENTRY
December 16, 2019 Filing 61 Joint STIPULATION to Dismiss Defendant John Vincent Tarwater filed by Plaintiff Harleysville Insurance Company. (Attachments: #1 Proposed Order)(Larson, John)
December 9, 2019 Filing 60 NOTICE of Related Case(s) filed by Defendant Pro-Com Products, Inc.. Related Case(s): State of California for the County of Orange, Central Justice Center 30-2018-00967245-CU-AT-CJC (Park, James)
December 6, 2019 Filing 59 JOINT SCHEDULING REPORT filed by Plaintiff Harleysville Insurance Company. (Larson, John)
November 27, 2019 Opinion or Order Filing 58 (IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court, having reviewed Plaintiff's response to the Order to Show Cause re Lack of Prosecution ("OSC") as to Defendant John Vincent Tarwater #57 , hereby DISCHARGES the OSC. By no later than December 20, 2019, Plaintiff and Defendant Tarwater shall file a stipulation re dismissal as to Defendant Tarwater or a status report regarding their proposed settlement. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
November 25, 2019 Filing 57 REPLY filed by Plaintiff Harleysville Insurance Company to Minutes of In Chambers Order/Directive - no proceeding held,,, Order to Show Cause,, #56 (Larson, John)
November 18, 2019 Opinion or Order Filing 56 MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee: The Court, on its own motion, orders plaintiff(s) to show cause in writing on or before 11/25/2019 why this action should not be dismissed as to defendant John Vincent Tarwater for lack of prosecution. The Order will stand submitted upon the filing of a written response on or before the date upon which a response by plaintiff(s) is due. This action will be dismissed as to defendant John Vincent Tarwater if a written response demonstrating good cause is not filed by the date indicated above. Court Reporter: Not Reported. (gk)
November 18, 2019 Opinion or Order Filing 55 ORDER DENYING MOTION TO COMPEL [ECF #54 ] by Magistrate Judge Steve Kim. Defendant Pro-Coms motion to compel Plaintiffs outstanding discovery responses (ECF 54) is denied without prejudice for failure to comply with Local Rules 37-1 and 37-2. The parties are referred to the Courts Standing Order on Discovery Disputes, available under the Courts Procedures. The parties are also reminded that failure of counsel to cooperate in discovery may result in sanctions. See L.R. 37-4. IT IS SO ORDERED. (clee)
November 18, 2019 Filing 54 NOTICE OF MOTION AND First MOTION for Hearing Motion to Compel Plaintiff Harleysville filed by Defendant Pro-Com Products, Inc.. Motion set for hearing on 12/20/2019 at 09:30 AM before Magistrate Judge Steve Kim. (Attachments: #1 Declaration Decl of JHP in Support of)(Park, James)
November 4, 2019 Opinion or Order Filing 53 (IN CHAMBERS) ORDER by Judge Dolly M. Gee. Having reviewed Plaintiff's reply #52 to the Order to Show Cause ("OSC"), the Court hereby discharges the OSC. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
November 1, 2019 Filing 52 REPLY filed by Plaintiff Harleysville Insurance Company to Minutes of In Chambers Order/Directive - no proceeding held, #51 (Larson, John)
October 21, 2019 Opinion or Order Filing 51 MINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee: In the present case, it appears that these time periods have not been met. Accordingly, the Court, on its own motion, orders plaintiff(s) to show cause in writing on or before November 4, 2019 why this action should not be dismissed as to defendant John Vincent Tarwater for lack of prosecution. (See order for details.) (kti)
October 21, 2019 Filing 50 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 12/6/2019. Scheduling Conference set for 12/20/2019 at 9:30 a.m. (See order for details.) (kti)
October 21, 2019 Opinion or Order Filing 49 INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
October 21, 2019 Opinion or Order Filing 48 MINUTE (IN CHAMBERS) ORDER RE TRANSFER OF CASE TO JUDGE GEE by Judge Dolly M. Gee: Please take notice that this action has been reassigned to the HONORABLE DOLLY M. GEE, United States District Judge, pursuant to the Order re Transfer Pursuant to General Order 19-03 filed on October 21, 2019. The scheduling conference on November 1, 2019 before the Hon. Andre Birotte, Jr., United States District Judge, is VACATED #27 . (See order for details.) (kti)
October 21, 2019 Opinion or Order Filing 47 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:18-cv-06035 DMG(SKx). Case transferred from Judge Andre Birotte Jr to Judge Dolly M. Gee for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-03817 DMG(SKx). Signed by Judge Dolly M. Gee (rn)
October 17, 2019 Filing 46 NOTICE of Related Case(s) filed by Defendant Pro-Com Products, Inc.. (Plaintiff in the Related Action) Related Case(s): 2:18-cv-06035 (Park, James)
October 17, 2019 Opinion or Order Filing 45 (IN CHAMBERS) ORDER by Judge Andre Birotte Jr. The Court hereby STRIKES the parties' Rule 26(f) Joint Report (Dkt. No. 44) because it is missing the required Schedule Worksheet. See Order Setting Scheduling Conference (Dkt. No. 27). The parties are ORDERED to file a Amended Rule 26(f) Joint Report that includes the Worksheet no later than October 25, 2019. The Scheduling Conference is CONTINUED to November 1, 2019 at 10:00 AM before Judge Andre Birotte Jr. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
October 4, 2019 Filing 44 [STRICKEN] Joint Scheduling REPORT filed by Plaintiff Harleysville Insurance Company. (Larson, John) Modified on 10/17/2019 (cb).
September 3, 2019 Filing 43 ANSWER to Complaint (Attorney Civil Case Opening) #2 filed by Defendant Kings Express, Inc..(Khan, Amjad)
September 3, 2019 Filing 42 ANSWER to Complaint (Attorney Civil Case Opening) #2 filed by Defendant Infinity Logistics, Inc..(Khan, Amjad)
September 3, 2019 Filing 41 ANSWER to Complaint (Attorney Civil Case Opening) #2 filed by Defendant Dennis McCormick.(Khan, Amjad)
August 19, 2019 Opinion or Order Filing 40 ORDER CONTINUING THE DEADLINE FOR DEFENDANTS TO FILE A RESPONSE TO THE COMPLAINT OF HARLEYSVILLE INSURANCE COMPANY by Judge Andre Birotte Jr.: Upon Stipulation to Continue the Deadline for Defendants to Respond to the Complaint #39 , the deadline for Defendants Kings Express, Inc., Infinity Logistics and Dennis McCormick is hereby continued to 9/3/2019. (gk)
August 16, 2019 Filing 39 Joint STIPULATION to Continue Defendants Kings Express, Inc., Infinity Logistics, Inc., and Dennis McCormick's deadline to file a serve a response to the complaint from August 12, 2019 to September 3, 2019 filed by Defendants Infinity Logistics, Inc., Kings Express, Inc., Dennis McCormick. (Attachments: #1 Proposed Order)(Barnes, Rowennakete)
August 16, 2019 Filing 38 CERTIFICATE of Interested Parties filed by Defendant Kings Express, Inc., identifying none. (Barnes, Rowennakete)
August 16, 2019 Filing 37 CERTIFICATE of Interested Parties filed by Defendant Infinity Logistics, Inc., identifying none. (Barnes, Rowennakete)
August 16, 2019 Filing 36 CERTIFICATE of Interested Parties filed by Defendant Dennis McCormick, identifying none. (Barnes, Rowennakete)
August 16, 2019 Filing 35 Notice of Appearance or Withdrawal of Counsel: for attorney Rowennakete Paul Barnes counsel for Defendants Infinity Logistics, Inc., Kings Express, Inc., Dennis McCormick. Filed by Defendants Kings Express, Inc.; Infinity Logistics, Inc.; Dennis McCormick. (Attorney Rowennakete Paul Barnes added to party Infinity Logistics, Inc.(pty:dft), Attorney Rowennakete Paul Barnes added to party Kings Express, Inc. (pty:dft), Attorney Rowennakete Paul Barnes added to party Dennis McCormick(pty:dft))(Barnes, Rowennakete)
August 16, 2019 Filing 34 Notice of Appearance or Withdrawal of Counsel: for attorney Jill Ray Glennon counsel for Defendants Infinity Logistics, Inc., Kings Express, Inc., Dennis McCormick. Adding Jill R. Glennon as counsel of record for Kings Express, Inc.; Infinity Logistics, Inc.; Dennis McCormick for the reason indicated in the G-123 Notice. Filed by Defendants Kings Express, Inc.; Infinity Logistics, Inc.; Dennis McCormick. (Attorney Jill Ray Glennon added to party Infinity Logistics, Inc.(pty:dft), Attorney Jill Ray Glennon added to party Kings Express, Inc. (pty:dft), Attorney Jill Ray Glennon added to party Dennis McCormick(pty:dft))(Glennon, Jill)
August 16, 2019 Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Amjad Mahmood Khan counsel for Defendants Infinity Logistics, Inc., Kings Express, Inc., Dennis McCormick. Adding Amjad M. Khan as counsel of record for Kings Express, Inc.; Infinity Logistics, Inc.; Dennis McCormick for the reason indicated in the G-123 Notice. Filed by Defendants Kings Express, Inc.; Infinity Logistics, Inc.; Dennis McCormick. (Attorney Amjad Mahmood Khan added to party Infinity Logistics, Inc.(pty:dft), Attorney Amjad Mahmood Khan added to party Kings Express, Inc. (pty:dft), Attorney Amjad Mahmood Khan added to party Dennis McCormick(pty:dft))(Khan, Amjad)
July 29, 2019 Filing 32 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Harleysville Insurance Company, upon Defendant Kings Express, Inc. served on 7/22/2019, answer due 8/12/2019. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Larson, John)
July 29, 2019 Filing 31 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Harleysville Insurance Company, upon Defendant Infinity Logistics, Inc. served on 7/22/2019, answer due 8/12/2019. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Larson, John)
July 29, 2019 Filing 30 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Harleysville Insurance Company, upon Defendant Dennis McCormick served on 7/22/2019, answer due 8/12/2019. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Larson, John)
July 19, 2019 Opinion or Order Filing 29 ORDER GRANTING DISMISSAL by Judge Andre Birotte Jr.: The Stipulation #28 is hereby GRANTED. Pursuant to Federal Rule of Civil Procedure 41(a)(2), Defendant Misa Imports, Inc. is hereby dismissed with prejudice from the action. (gk)
July 16, 2019 Filing 28 Joint STIPULATION to Dismiss Defendant Misa Imports, Inc filed by Plaintiff Harleysville Insurance Company. (Attachments: #1 Proposed Order)(Larson, John)
June 27, 2019 Opinion or Order Filing 27 ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 10/18/2019 at 10:00 AM before Judge Andre Birotte Jr. (cb)
June 21, 2019 Filing 26 ANSWER to Complaint (Attorney Civil Case Opening) #2 filed by Defendant Pro-Com Products, Inc..(Attorney James H Park added to party Pro-Com Products, Inc. (pty:dft))(Park, James)
June 5, 2019 Opinion or Order Filing 25 STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
June 4, 2019 Filing 23 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Harleysville Insurance Company, upon Defendant Pro-Com Products, Inc. acknowledgment sent by Plaintiff on 6/3/2019, answer due 6/24/2019. Acknowledgment of Service signed by James Park, Esq., Attorney. (Larson, John)
June 3, 2019 Opinion or Order Filing 24 ORDER RETURNING CASE FOR REASSIGNMENT by Judge Consuelo B. Marshall. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Consuelo B. Marshall to Judge Andre Birotte Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-03817 AB(SKx). (rn)
June 3, 2019 Filing 22 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #2 as to Defendant Dennis McCormick. (shb)
June 3, 2019 Filing 21 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #2 as to Defendant Infinity Logistics, Inc. (shb)
June 3, 2019 Filing 20 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #2 as to Defendant Kings Express, Inc.. (shb)
June 3, 2019 Filing 19 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #2 as to Defendant Pro-Com Products, Inc. (shb)
May 31, 2019 Filing 18 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #2 filed by Plaintiff Harleysville Insurance Company. (Larson, John)
May 31, 2019 Filing 17 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #2 filed by Plaintiff Harleysville Insurance Company. (Larson, John)
May 31, 2019 Filing 16 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #2 filed by Plaintiff Harleysville Insurance Company. (Larson, John)
May 31, 2019 Filing 15 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #2 filed by Plaintiff Harleysville Insurance Company. (Larson, John)
May 13, 2019 Filing 14 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #2 as to Defendant Misa Imports, Inc. (shb)
May 10, 2019 Filing 13 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #2 filed by Plaintiff Harleysville Insurance Company. (Larson, John)
May 6, 2019 Filing 12 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Steve Kim. (esa)
May 3, 2019 Filing 11 EXHIBIT Filed filed by Plaintiff Harleysville Insurance Company. Exhibit 2 to Plaintiff's Complaint as to Complaint (Attorney Civil Case Opening) #2 . (Larson, John)
May 3, 2019 Filing 10 CERTIFICATE of Interested Parties filed by Plaintiff Harleysville Insurance Company, (Larson, John)
May 3, 2019 Filing 9 CIVIL COVER SHEET filed by Plaintiff Harleysville Insurance Company. (Larson, John)
May 3, 2019 Filing 8 EXHIBIT Filed filed by Plaintiff Harleysville Insurance Company. Exhibit 1 to Plaintiff's Complaint (Part 6 of 6) as to Complaint (Attorney Civil Case Opening) #2 . (Larson, John)
May 3, 2019 Filing 7 EXHIBIT Filed filed by Plaintiff Harleysville Insurance Company. Exhibit 1 to Plaintiff's Complaint (Part 5 of 6) as to Complaint (Attorney Civil Case Opening) #2 . (Larson, John)
May 3, 2019 Filing 6 EXHIBIT Filed filed by Plaintiff Harleysville Insurance Company. Exhibit 1 to Plaintiff's Complaint (Part 4 of 6) as to Complaint (Attorney Civil Case Opening) #2 . (Larson, John)
May 3, 2019 Filing 5 EXHIBIT Filed filed by Plaintiff Harleysville Insurance Company. Exhibit 1 to Plaintiff's Complaint (Part 3 of 6) as to Complaint (Attorney Civil Case Opening) #2 . (Larson, John)
May 3, 2019 Filing 4 EXHIBIT Filed filed by Plaintiff Harleysville Insurance Company. Exhibit 1 to Plaintiff's Complaint (Part 2 of 6) as to Complaint (Attorney Civil Case Opening) #2 . (Larson, John)
May 3, 2019 Filing 3 EXHIBIT Filed filed by Plaintiff Harleysville Insurance Company. Exhibit 1 to Plaintiff's Complaint (Part 1 of 6) as to Complaint (Attorney Civil Case Opening) #2 . (Larson, John)
May 3, 2019 Filing 2 COMPLAINT Receipt No: 0973-23669665 - Fee: $400, filed by Plaintiff Harleysville Insurance Company. (Attorney John Bradley Larson added to party Harleysville Insurance Company(pty:pla))(Larson, John)
May 3, 2019 Filing 1 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: You have attempted to open this case electronically but have failed to upload successfully the required PDF version of any initiating document, such as a complaint or notice of removal. You must file an initiating document within two business days of this notice or the docket for this case number will be closed. (esa)

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Search for this case: Harleysville Insurance Company v. Kings Express, Inc. et al
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Defendant: Kings Express, Inc.
Represented By: Jill Ray Glennon
Represented By: Rowennakete Paul Barnes
Represented By: Amjad Mahmood Khan
Represented By: Nona Yegazarian
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Defendant: MISA IMPORTS, INC.
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Defendant: Pro-Com Products, Inc.
Represented By: James H Park
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Defendant: JOHN VINCENT TARWATER
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Defendant: Infinity Logistics, Inc.
Represented By: Jill Ray Glennon
Represented By: Rowennakete Paul Barnes
Represented By: Amjad Mahmood Khan
Represented By: Nona Yegazarian
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Defendant: Dennis McCormick
Represented By: Jill Ray Glennon
Represented By: Rowennakete Paul Barnes
Represented By: Amjad Mahmood Khan
Represented By: Nona Yegazarian
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Defendant: Misa Imports, Inc
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Plaintiff: Harleysville Insurance Company
Represented By: Yasmine Hussein
Represented By: John Bradley Larson
Represented By: Scott W McMickle
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Alternative dispute resolution (adr) provider: Sidney K Kanazawa
Represented By: Sidney K Kanazawa
Represented By: Sidney Kanazawa
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