Travelers Property Casualty Company of America v. Allwire, Inc. et al
| Travelers Property Casualty Company of America |
| Rising Edge Technologies (California), LLC, Allwire, Inc. d/b/a Joint Venture Electronics, Allwire, Inc., Rising Edge Technologies California, LLC and Allwire, Inc. a California Corporation doing business as Joint Venture Electronics |
| 2:2019cv09693 |
| November 12, 2019 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Rozella A Oliver |
| Insurance |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on December 21, 2020. A more recent docket listing may be available from PACER.
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Filing 54
ORDER RE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT by Judge Dolly M. Gee: The Court DENIES in part and GRANTS in part Plaintiff Travelers Property Casualty Company of America's ("Travelers") partial Motion for Summary Judgment ("MSJ") #43 . Travelers' MSJ is DENIED as to the duty to defend and reimbursement causes of action. Because the factual questions in the Los Angeles County Superior Court, entitled Rising Edge Technologies (California), LLC v. Allwire, Inc., Case No. 19NWCV00544 (the "Rising Edge Action") introduce the potential for coverage, the duty to defend is established. Therefore, the Court sua sponte grants partial summary judgment in favor of Allwire and Rising Edge on the duty to defend and reimbursement claims. See Cool Fuel, Inc. v. Connett, 685 F.2d 309, 312 (9th Cir. 1982) (the court may sua sponte grant summary judgment in favor of non-movant where the issues have been fully briefed). Travelers' partial MSJ is GRANTED as to the duty to indemnify for solely economic losses. Because no liability has been established yet in the Rising Edge Action, the Court STAYS the remainder of this action as to the duty to indemnify for property damages and the trial date and related deadlines. The parties shall file a joint status report upon the resolution of the Rising Edge matter updating the Court on whether and how they wish to proceed in this litigation. See document for further details. (gk)
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| Filing 53 MINUTES OF Motion Hearing held before Judge Dolly M. Gee RE: Plaintiff's Motion for Summary Judgment or, Alternatively, for Partial Summary Judgment Against Defendants Allwire, Inc. and Rising Edge Technologies (California), LLC #43 . The Court invites counsel to respond to the tentative ruling. Following oral argument, the Court advises counsel that the motion shall be taken under submission and a written order will issue. All scheduled dates and deadlines are VACATED and will be rescheduled upon the resolution of the underlying state court action. Court Reporter: Myra Ponce. (gk) |
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Filing 52
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The motion hearing on December 18, 2020 at 3:00 p.m. will take place by Zoom Videoconference and the clerk will email the video link to the parties. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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Filing 51
ORDER TO CONTINUE TRIAL, FINAL PRETRIAL CONFERENCE AND SETTLEMENT COMPLETION DATE by Judge Dolly M. Gee: Upon Stipulation #50 , the Court set dates and deadlines based on what the parties' themselves proposed in their Joint Rule 26(f) Report, and the hearing date for Plaintiffs motion for summary judgment ("MSJ") #43 was of its own choosing. Under these circumstances, a request that the Court continue the trial and related dates and deadlines because the MSJ hearing is "so close to deadlines related to the current trial and final pretrial conference dates" (Stipulation at paragraph 4), does not constitute good cause for a continuance. Nonetheless, due to the unprecedented COVID-19 pandemic and the temporary suspension of all jury trials in the Central District of California, it is unlikely that the Court will be able to proceed with a 3/16/2021 jury trial even without a continuance. Thus, in the absence of prejudice to either side, the parties' request for a continuance is approved. IT IS ORDERED that the Jury Trial is continued to 5/18/2021 08:30 AM before Judge Dolly M. Gee. Final Pretrial Conference is continued to 4/20/2021 02:00 PM before Judge Dolly M. Gee. See document for further details. (gk)
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| Filing 50 Joint STIPULATION for Jury Trial on May 18, 2021 filed by Defendant Allwire, Inc.. (Attachments: #1 Proposed Order)(Westerlund, Lawrence) |
| Filing 49 REPLY in Support of NOTICE OF MOTION AND MOTION for Summary Judgment or Alternatively, for Partial Summary Judgment #43 filed by Plaintiff Travelers Property Casualty Company of America. (Attachments: #1 Response to Allwire's Statement of Genuine Disputes)(Kaneshiro, Wynn) |
| Filing 48 PROOF OF SERVICE filed by Defendant Allwire, Inc., re MEMORANDUM in Opposition to Motion, #46 Declaration of Lawrence Westerlund in Support of Opposition to Travelers Property Casualty Company of America's Motion for Summary Judgment or Alternatively, for Partial Summary Judgment and Declaration of Alan Hopkins in Support of Opposition to Travelers Property Casualty Company of America's Motion for Summary Judgment served on November 30, 2020. (Westerlund, Lawrence) |
| Filing 47 JOINDER filed by Defendant Rising Edge Technologies California, LLC joining in MEMORANDUM in Opposition to Motion, #46 . (Yacoubian, Talin) |
| Filing 46 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment or Alternatively, for Partial Summary Judgment #43 filed by Defendant Allwire, Inc.. (Attachments: #1 Allwire Statement of Genuine Disputes, #2 Declaration Declaration of Lawrence Westerlund, #3 Declaration Declaration of Alan Hopkins)(Westerlund, Lawrence) |
| Filing 45 NOTICE of Change of address by Lawrence E Westerlund attorney for Defendant Allwire, Inc.. Changing attorneys address to Paul J. O'Rourke, Jr., LAW OFFICES OF PAUL J. O'ROURKE, JR., 8050 N. Palm Avenue, Suite 300, Fresno, CA 93711. Filed by Defendant Allwire, Inc.. (Westerlund, Lawrence) |
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Filing 44
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. Due to the intervening court holiday, Defendant's opposition to Plaintiff's Motion for Summary Judgment is due by November 30, 2020 and Plaintiff's reply in support of the Motion is due by December 7, 2020. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 43 NOTICE OF MOTION AND MOTION for Summary Judgment or Alternatively, for Partial Summary Judgment filed by Plaintiff Travelers Property Casualty Company of America. Motion set for hearing on 12/18/2020 at 03:00 PM before Judge Dolly M. Gee. (Attachments: #1 Statement of Uncontroverted Facts and Conclusions of Law, #2 Declaration of Joseph Tancredy, #3 Request for Judicial Notice, #4 Joint Stipulation Re Undisputed Fact, #5 Proposed Judgment) (Kaneshiro, Wynn) |
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Filing 42
ORDER/REFERRAL to ADR Procedure No 3 by Judge Dolly M. Gee. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. Counsel are directed to contact the private mediator of their choice to arrange a date and time for the mediation. ADR Proceeding to be held no later than 1-19-21. Joint status report re settlement due by: 1-26-21. (lom)
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Filing 41
SCHEDULING AND CASE MANAGEMENT ORDER RE JURY TRIAL by Judge Dolly M. Gee. The Court deems a Scheduling Conference unnecessary and hereby vacates the hearing. Amended Pleadings due by 5/8/2020. Discovery cut-off 11/10/2020. Exhibit List due by 1/26/2021. Motions in Limine to be filed by 1/26/2021. Motions due by 11/20/2020. Proposed Pretrial Order due by 1/26/2021. Last date to conduct settlement conference is 1/19/2021. Status Report due by 1/26/2021. Witness List due by 1/26/2021. Final Pretrial Conference set for 2/16/2021 02:00 PM before Judge Dolly M. Gee. Jury Trial set for 3/16/2021 08:30 AM before Judge Dolly M. Gee. (Attachments: #1 SCHEDULE OF PRETRIAL & TRIAL DATES (JURY TRIAL)) (lom) Modified on 4/7/2020 (lom).
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Filing 40
MINUTES IN CHAMBERS - ORDER RE DEFENDANT'S MOTION TO STAY #24 by Judge Dolly M. Gee. In light of the foregoing, the Court DENIES Allwire's MTS and declines to stay this action. IT IS SO ORDERED. See minutes for details. (lom)
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Filing 39
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendant Allwire, Inc. d/b/a Joint Venture Electronics' Motion to Stay Proceedings #24 presently scheduled for hearing on March 20, 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
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| Filing 38 REPLY in support of NOTICE OF MOTION AND MOTION to Stay Case pending Proceedings #24 filed by Defendant Allwire, Inc.. (Westerlund, Lawrence) |
| Filing 37 OPPOSITION re: NOTICE OF MOTION AND MOTION to Stay Case pending Proceedings #24 filed by Plaintiff Travelers Property Casualty Company of America. (Attachments: #1 Request for Judicial Notice)(Agness, Aaron) |
| Filing 36 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Stay Case pending Proceedings #24 (Attachments: #1 Proposed Order Granting Motion to Stay)(Horowitt, Darryl) |
| Filing 35 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibit to Motion #28 . The following error(s) was/were found: Title page is missing. 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) |
| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Stay Case pending Proceedings #24 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. 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) |
| Filing 33 EXHIBIT 2 to Request to Take Judicial Notice to NOTICE OF MOTION AND MOTION to Stay Case pending Proceedings #24 filed by Defendant Allwire, Inc.. (Horowitt, Darryl) |
| Filing 32 EXHIBIT 1 to Request to Take Judicial Notice to NOTICE OF MOTION AND MOTION to Stay Case pending Proceedings #24 filed by Defendant Allwire, Inc.. (Horowitt, Darryl) |
| Filing 31 EXHIBIT A to Declaration of Lawrence Westerlund to NOTICE OF MOTION AND MOTION to Stay Case pending Proceedings #24 filed by Defendant Allwire, Inc.. (Horowitt, Darryl) |
| Filing 30 NOTICE OF ERRATA filed by Defendant Allwire, Inc.. correcting Request for Judicial Notice #29 , Declaration (Motion related) #26 (Horowitt, Darryl) |
| Filing 29 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Stay Case pending Proceedings #24 (includes labeled Exhibit Nos) filed by Defendant Allwire, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Horowitt, Darryl) |
| Filing 28 EXHIBIT A to NOTICE OF MOTION AND MOTION to Stay Case pending Proceedings #24 Exh A to Declaration of Lawrence E. Westerlund filed by Defendant Allwire, Inc.. (Horowitt, Darryl) |
| Filing 27 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Stay Case pending Proceedings #24 filed by Defendant Allwire, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Horowitt, Darryl) |
| Filing 26 DECLARATION of Lawrence E. Westerlund in support of NOTICE OF MOTION AND MOTION to Stay Case pending Proceedings #24 filed by Defendant Allwire, Inc.. (Attachments: #1 Exhibit)(Horowitt, Darryl) |
| Filing 25 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Stay Case pending Proceedings #24 filed by Defendant Allwire, Inc.. (Horowitt, Darryl) |
| Filing 24 NOTICE OF MOTION AND MOTION to Stay Case pending Proceedings filed by Defendant Allwire, Inc.. Motion set for hearing on 3/20/2020 at 09:30 AM before Judge Dolly M. Gee. (Horowitt, Darryl) |
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Filing 23
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court sua sponte VACATES the Scheduling Conference set on February 7, 2020. A Scheduling and Case Management Order to issue. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Wynn C Kaneshiro counsel for Plaintiff Travelers Property Casualty Company of America. Daniel D. Marvizi is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Travelers Property Casualty Company of America. (Kaneshiro, Wynn) |
| Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney Wynn C Kaneshiro counsel for Plaintiff Travelers Property Casualty Company of America. Adding Wynn C. Kaneshiro as counsel of record for Travelers Property Casualty Company of America for the reason indicated in the G-123 Notice. Filed by Plaintiff Travelers Property Casualty Company of America. (Attorney Wynn C Kaneshiro added to party Travelers Property Casualty Company of America(pty:pla))(Kaneshiro, Wynn) |
| Filing 20 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-7 days, filed by Plaintiff Travelers Property Casualty Company of America.. (Agness, Aaron) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Travelers Property Casualty Company of America, upon Defendant Rising Edge Technologies California, LLC served on 12/2/2019, answer due 12/23/2019. Service of the Summons and Complaint were executed upon Capitol Corporate Services, Inc. - Lucky Yang, intake clerk in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Marvizi, Daniel) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Travelers Property Casualty Company of America, upon Defendant Allwire, Inc. served on 12/3/2019, answer due 12/24/2019. Service of the Summons and Complaint were executed upon Allen Hopkins, agent authorized to accept service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Marvizi, Daniel) |
| Filing 17 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 1/24/2020. Scheduling Conference set for 2/7/2020 at 9:30 a.m. (See order for details.) (kti) |
| Filing 16 NOTICE filed by Defendant Allwire, Inc.. (Horowitt, Darryl) |
| Filing 15 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant Allwire, Inc..(Attorney Darryl J Horowitt added to party Allwire, Inc.(pty:dft))(Horowitt, Darryl) |
| Filing 14 NOTICE of Interested Parties filed by Defendant Rising Edge Technologies California, LLC, identifying Rising Edge Technologies (USA), LLC. (Yacoubian, Talin) |
| Filing 13 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Rising Edge Technologies California, LLC.(Attorney Talin V Yacoubian added to party Rising Edge Technologies California, LLC(pty:dft))(Yacoubian, Talin) |
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Filing 12
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 11 MINUTES OF IN CHAMBERS - REASSIGNMENT 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 Reassign Pursuant to General Order 19-03 filed on 12/4/2019. The case number will now read CV 19-9693-DMG (RAOx). Additional information about Judge Gee's procedures and schedules is available on the court's website at www.cacd.uscourts.gov. See document for further details. Court Reporter: Not Reported. (gk) |
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Filing 10
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 19-03 by Judge Otis D. Wright, II. Case transferred from Judge Otis D. Wright, II to the calendar of Judge Dolly M. Gee for all further proceedings. Case number now reads as 2:19-cv-09693 DMG(RAOx). (rn)
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Filing 9
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Christina A. Snyder to Judge Otis D. Wright, II for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-9693 ODW (RAOx). (esa)
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Allwire, Inc., Rising Edge Technologies California, LLC. (et) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Rozella A. Oliver. (et) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Travelers Property Casualty Company of America. (Agness, Aaron) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Travelers Property Casualty Company of America, identifying The Travelers Companies, Inc. (Plaintiff's parent corporation); Allwire, Inc. d/b/a Venture Electronics (Defendant); Rising Edge Technologies (California), LLC (Defendant). (Agness, Aaron) |
| Filing 3 NOTICE of Related Case(s) filed by Plaintiff Travelers Property Casualty Company of America. (Agness, Aaron) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Travelers Property Casualty Company of America. (Agness, Aaron) |
| Filing 1 COMPLAINT Receipt No: 0973-24764799 - Fee: $400, filed by Plaintiff Travelers Property Casualty Company of America. (Attorney Aaron C Agness added to party Travelers Property Casualty Company of America(pty:pla))(Agness, Aaron) |
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