Marks Engine Company No. 28 Restaurant, LLC v. Travelers Indemnity Company of Connecticut et al
| Mark's Engine Company No. 28 Restaurant, LLC and Marks Engine Company No. 28 Restaurant, LLC |
| Travelers Indemnity Company of Connecticut, Eric Garcetti, Travelers Property Casualty Company of America and Does 1 to 25, inclusive |
| 2:2020cv04423 |
| May 15, 2020 |
| US District Court for the Central District of California |
| Andre Birotte |
| Steve Kim |
| Insurance |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 27, 2020. A more recent docket listing may be available from PACER.
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| Filing 35 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #28 filed by Defendant Travelers Property Casualty Company of America. (Doren, Richard) |
| Filing 34 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #28 filed by Plaintiff Marks Engine Company No. 28 Restaurant, LLC. (Meiselas, Benjamin) |
Filing 33
MINUTES (IN CHAMBERS) Order Approving Joint Stipulation to Continue Hearing on Defendant's Motion to Dismiss by Judge Andre Birotte Jr.: Upon Stipulation #31 , IT IS HEREBY ORDERED that the hearing on Defendant Travelers' Motion to Dismiss Plaintiffs First Amended Complaint #28 is continued to 7/17/2020 at 10:00 AM before Judge Andre Birotte Jr. Plaintiff shall file its Opposition to Defendant Travelers' Motion to Dismiss no later than 6/25/2020. Court Reporter: N/A. (gk)
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Filing 32
(IN CHAMBERS) ORDER TAKING PLAINTIFF'S MOTION TO REMAND FOR LACK OF SUBJECT MATTER JURISDICTION #22 UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court has considered the matters raised with respect to the Motion and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on June 26, 2020, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 31 STIPULATION to Continue Hearing from July 10, 2020 to July 17, 2020 Re: NOTICE OF MOTION AND MOTION to Dismiss Case #28 filed by Plaintiff Marks Engine Company No. 28 Restaurant, LLC. (Attachments: #1 Proposed Order)(Meiselas, Benjamin) |
| Filing 30 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #28 filed by Defendant Travelers Property Casualty Company of America. (Doren, Richard) |
| Filing 29 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #28 filed by Defendant Travelers Property Casualty Company of America. (Attachments: #1 Declaration of Kenneth Kupec, #2 Exhibit 1, #3 Proposed Order)(Doren, Richard) |
| Filing 28 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Travelers Property Casualty Company of America. Motion set for hearing on 7/10/2020 at 10:00 AM before Judge Andre Birotte Jr. (Doren, Richard) |
| Filing 27 REPLY Support NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #22 filed by Plaintiff Marks Engine Company No. 28 Restaurant, LLC. (Meiselas, Benjamin) |
| Filing 26 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #22 filed by Defendant Travelers Property Casualty Company of America. (Doren, Richard) |
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Filing 25
(IN CHAMBERS) ORDER DEEMING DEFENDANT'S MOTION TO DISMISS AS MOOT (Dkt. No. 13) by Judge Andre Birotte Jr.: In light of the First Amended Complaint (Dkt. No. 21 ), Defendant's Motion to Dismiss is DENIED as MOOT, and the hearing scheduled for June 19, 2020, is hereby VACATED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 24 NOTICE of Interested Parties filed by Plaintiff Marks Engine Company No. 28 Restaurant, LLC, (Meiselas, Benjamin) |
| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #21 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named 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. (gk) |
| Filing 22 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Marks Engine Company No. 28 Restaurant, LLC. Motion set for hearing on 6/26/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Ben Meiselas, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order) (Meiselas, Benjamin) |
| Filing 21 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery), JURY DEMAND, filed by Plaintiff Marks Engine Company No. 28 Restaurant, LLC (Meiselas, Benjamin) |
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Filing 20
ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Wystan M. Ackerman to Appear Pro Hac Vice on behalf of Defendant Travelers Indemnity Company of Connecticut, designating Theodore J. Boutrous as local counsel #17 . (gk)
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Filing 19
ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Stephen E. Goldman to Appear Pro Hac Vice on behalf of Defendant Travelers Indemnity Company of Connecticut, designating Theodore J. Boutrous as local counsel #16 . (gk)
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Filing 18
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 7/31/2020 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 17 APPLICATION of Non-Resident Attorney Wystan M. Ackerman to Appear Pro Hac Vice on behalf of Defendant Travelers Indemnity Company of Connecticut (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26543586) filed by Defendant Travelers Indemnity Company of Connecticut. (Attachments: #1 Proposed Order) (Boutrous, Theodore) |
| Filing 16 APPLICATION of Non-Resident Attorney Stephen E. Goldman to Appear Pro Hac Vice on behalf of Defendant Travelers Indemnity Company of Connecticut (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26543567) filed by Defendant Travelers Indemnity Company of Connecticut. (Attachments: #1 Proposed Order) (Boutrous, Theodore) |
| Filing 15 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #13 filed by Defendant Travelers Indemnity Company of Connecticut. (Doren, Richard) |
| Filing 14 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #13 filed by Defendant Travelers Indemnity Company of Connecticut. (Attachments: #1 Declaration of Kenneth Kupec, #2 Exhibit 1, #3 Proposed Order)(Doren, Richard) |
| Filing 13 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Travelers Indemnity Company of Connecticut. Motion set for hearing on 6/19/2020 at 10:00 AM before Judge Andre Birotte Jr. (Doren, Richard) |
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Filing 12
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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Filing 11
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03 (Related Case) filed. Transfer of case declined by Judge Philip S. Gutierrez, for the reasons set forth on this order. Related Case No. 2:20-cv-03619 PSG(Ex) (rn)
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| Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Wystan M Ackerman. 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. (ghap) |
| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Stephen E Goldman. 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. (ghap) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Steve Kim. (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Marks Engine Company No. 28 Restaurant, LLC, upon Defendant Travelers Indemnity Company of Connecticut served on 4/22/2020, answer due 5/13/2020. Service of the Summons and Complaint were executed upon CSC Lawyers Inc.-Agent for Service-By Serving Kaitlyn Mannix in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 4/22/2020 SUBMITTED ATTACHED EXHIBIT I, PAGE 54) (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 to 25, inclusive, Eric Garcetti, Travelers Indemnity Company of Connecticut., filed by plaintiff Marks Engine Company No. 28 Restaurant, LLC. (FILED IN STATE COURT ON 4/15/2020 SUBMITTED ATTACHED EXHIBIT A, PAGE 5) (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Marks Engine Company No. 28 Restaurant, LLC, upon Defendant Eric Garcetti Service of the Summons and Complaint were executed upon Gabriel Dermer, Assistant L.A. City Attorney, By Electronic Service of Process in compliance with statute not specified by method of service not specified.Original Summons NOT returned. (FILED IN STATE COURT ON 5/5/2020 SUBMITTED ATTACHED EXHIBIT J, PAGE 57) (ghap) Modified on 5/18/2020 (ghap). |
| Filing 6 NOTICE of Filing Notice of Removal of Action with the Superior Court filed by Defendant Travelers Indemnity Company of Connecticut. (Attachments: #1 Exhibit 1, #2 Proof of Service)(Doren, Richard) |
| Filing 5 PROOF OF SERVICE filed by Defendant Travelers Indemnity Company of Connecticut, re Civil Cover Sheet (CV-71) #2 , Notice of Related Case(s) #4 , Notice of Removal (Attorney Civil Case Opening),, #1 , Certificate/Notice of Interested Parties #3 served on May 15, 2020. (Doren, Richard) |
| Filing 4 NOTICE of Related Case(s) filed by Defendant Travelers Indemnity Company of Connecticut. Related Case(s): 2:20-cv-03619-PSG-E; 2:20-cv-04414 (Doren, Richard) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Travelers Indemnity Company of Connecticut, (Doren, Richard) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Travelers Indemnity Company of Connecticut. (Doren, Richard) |
| Filing 1 NOTICE OF REMOVAL from California Superior Court, County of Los Angeles, case number 20STCV14627 Receipt No: ACACDC-26461083 - Fee: $400, filed by Defendant Travelers Indemnity Company of Connecticut. (Attachments: #1 Declaration of Richard J. Doren, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J) (Attorney Richard Joseph Doren added to party Travelers Indemnity Company of Connecticut(pty:dft))(Doren, Richard) |
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