American Contractors Insurance Company Risk Retention Group v. Granite State Insurance Company et al
| American Contractors Insurance Company Risk Retention Group |
| National Continental Insurance Company, Granite State Insurance Company and Lexington Insurance Company |
| 2:2020cv08402 |
| September 14, 2020 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| John F Walter |
| Insurance |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on November 23, 2020. A more recent docket listing may be available from PACER.
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| Filing 45 MINUTES (IN CHAMBERS) by Judge John F. Walter: ORDER DENYING GRANITE STATE INSURANCE COMPANY'S MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT #33 The hearing calendared for November 16, 2020 is hereby vacated and the mattertaken off calendar. Although Granite States arguments are persuasive, the Court finds that the issues raised by Granite State are more appropriately resolved on a motion for summary judgment. Accordingly, Granite States Motion to Dismiss Plaintiffs First Amended Complaint is DENIED. (lc) |
| Filing 44 Granite State Insurance Company's ANSWER to Amended Crossclaim, #38 of National Continental Insurance Company filed by cross-defendant Granite State Insurance Company.(Howerton, Brandon) |
| Filing 43 Lexington Insurance Company's ANSWER to Amended Crossclaim, #38 of National Continental Insurance Company filed by cross-defendant Lexington Insurance Company.(Howerton, Brandon) |
| Filing 42 NOTICE OF LODGING filed [Proposed] Statement of Decision Granting Granite State Insurance Company re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint (FED. R. CIV. P. 12(b)(6)) #33 (Attachments: #1 [Proposed] Statement of Decision Granting Granite State Insurance Companys Motion to Dismiss Plaintiffs First Amended Complaint (FED. R. CIV. P. 12(b)(6)), #2 Certificate of Service)(Howerton, Brandon) |
| Filing 41 REPLY in Support of Motion to Dismiss Plaintiff's First Amended Complaint (FED. R. CIV. P. 12(b)(6)) NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint (FED. R. CIV. P. 12(b)(6)) #33 filed by Defendant Granite State Insurance Company. (Howerton, Brandon) |
| Filing 40 ANSWER to Crossclaim of National Continental Insurance Company filed by Plaintiff/Cross-Defendant American Contractors Insurance Company Risk Retention Group.(Yaron, George) |
| Filing 39 NOTICE OF LODGING filed Re: [Proposed] Statement of Decision Denying Defendant Granite State Insurance Company's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(6) re Objection/Opposition (Motion related), #37 (Yaron, George) |
| Filing 38 First AMENDED CROSSCLAIM against Cross-Defendants Lexington Insurance Company, American Contractors Insurance Company Risk Retention Group, Granite State Insurance Company amending Crossclaim ; JURY DEMAND, filed by Defendant and Cross-Complainant National Continental Insurance Company (Attachments: #1 Appendix Redlined version)(Winegar, Nathan) |
| Filing 37 OPPOSITION Opposition to the related document re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint (FED. R. CIV. P. 12(b)(6)) #33 filed by Plaintiff American Contractors Insurance Company Risk Retention Group. (Yaron, George) |
Filing 36
Order Granting Request to Continue Deadline of National Continental Insurance Company to Respond to Written Discovery by Magistrate Judge Jacqueline Chooljian: granting #35 Request to Extend Time: (see attached order) (jm)
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| Filing 35 First REQUEST to Extend Time to Respond to Written Discovery Requests filed by Defendant National Continental Insurance Company. (Attachments: #1 Proposed Order)(Winegar, Nathan) |
| Filing 34 DECLARATION of Brandon A. Howerton in Support of Granite State Insurance Company's NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint (FED. R. CIV. P. 12(b)(6)) #33 filed by Defendant Granite State Insurance Company. (Howerton, Brandon) |
| Filing 33 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint (FED. R. CIV. P. 12(b)(6)) filed by defendant Granite State Insurance Company. Motion set for hearing on 11/16/2020 at 01:30 PM before Judge John F. Walter. (Howerton, Brandon) |
| Filing 32 ANSWER to Amended Complaint/Petition, #25 filed by Defendant National Continental Insurance Company.(Winegar, Nathan) |
| Filing 31 ANSWER to Amended Complaint/Petition, #25 filed by Defendant Lexington Insurance Company.(Howerton, Brandon) |
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Filing 30
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 10/1/2021 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 10/8/2021 at 8:00 AM. Jury Trial set for 10/19/2021 at 8:30 AM. (iv)
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Filing 29
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on October 19, 2020 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: June 7, 2021. The Joint Report re: Results of Settlement Conference due on: June 14, 2021. (iv)
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| Filing 28 STATEMENT Regarding Meet and Confer on Potential Challenges to American Contractors Insurance Company Risk Retention Group's First Amended Complaint filed by Defendants Granite State Insurance Company, Lexington Insurance Company (Howerton, Brandon) |
| Filing 27 JOINT REPORT Rule 26(f) Discovery Plan Pursuant to Federal Rules of Civil Procedure 16(B) and 26(F) ; estimated length of trial 5-10 days, filed by Defendants Granite State Insurance Company, Lexington Insurance Company.. (Howerton, Brandon) |
| Filing 26 Redlined version AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition, #25 , filed by Plaintiff American Contractors Insurance Company Risk Retention Group(Yaron, George) |
| Filing 25 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery), filed by Plaintiff American Contractors Insurance Company Risk Retention Group (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Yaron, George) |
| Filing 24 ANSWER to Crossclaim of National Continental Insurance Company filed by Plaintiff/Cross-Defendant American Contractors Insurance Company Risk Retention Group.(Yaron, George) |
| Filing 23 DEMAND for Jury Trial filed by Defendant and Cross-Complainant National Continental Insurance Company.. (Winegar, Nathan) |
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Filing 22
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO NATIONAL CONTINENTAL INSURANCE COMPANY'S CROSS-COMPLAINT #16 by Judge John F. Walter. The date for Granite State and Lexington to respond to NCIC's cross-complaint shall be extended to October 29, 2020. (iv)
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| Filing 21 STATEMENT Joint Statement Regarding Meet and Confer On Potential Challenges To National Continental Insurance Companys Cross-Complaint filed by Cross Defendants Lexington Insurance Company, Granite State Insurance Company, Defendants Granite State Insurance Company, Lexington Insurance Company, National Continental Insurance Company, Cross Claimant National Continental Insurance Company re: Crossclaim. (Howerton, Brandon) |
| Filing 20 DECLARATION of Brandon A. Howerton as Lead Trial Counsel filed by Cross Defendants Lexington Insurance Company, Granite State Insurance Company, Defendants Granite State Insurance Company, Lexington Insurance Company. (Howerton, Brandon) |
| Filing 19 DECLARATION of Nathan L. Winegar Declaration of Lead Trial Counsel filed by Defendant National Continental Insurance Company. (Winegar, Nathan) |
| Filing 18 DECLARATION of George D. Yaron LEAD TRIAL COUNSEL filed by Plaintiff American Contractors Insurance Company Risk Retention Group. (Yaron, George) |
| Filing 17 CERTIFICATE of Interested Parties filed by Defendant and Cross-Complainant National Continental Insurance Company, identifying Progressive Commercial Holdings, Inc., and The Progressive Corporation. (Winegar, Nathan) |
| Filing 16 STIPULATION Extending Time to Answer the complaint as to Lexington Insurance Company answer now due 10/29/2020; Granite State Insurance Company answer now due 10/29/2020, re Crossclaim filed by Cross-Defendants Lexington Insurance Company; American Contractors Insurance Company Risk Retention Group. (Attachments: #1 Proposed Order Granting Stipulation to Extend Time to Respond to National Continental Insurance Company's Cross-Complaint)(Attorney Brandon A Howerton added to party Lexington Insurance Company(pty:crd), Attorney Brandon A Howerton added to party American Contractors Insurance Company Risk Retention Group(pty:crd))(Howerton, Brandon) |
| Filing 15 NOTICE OF SCHEDULING CONFERENCE filed by Plaintiff American Contractors Insurance Company Risk Retention Group. (Yaron, George) |
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Filing 14
MINUTES (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for October 19, 2020 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before October 8, 2020. (iv)
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Filing 13
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
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Filing 12
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:20-cv-06888 JFW(JCx). Case transferred from Judge Fernando M. Olguin and Magistrate Judge Alka Sagar to Judge John F. Walter and Magistrate Judge Jacqueline Chooljian for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-08402 JFW(JCx). Signed by Judge John F. Walter (rn)
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| Filing 11 STIPULATION Extending Time to Answer the complaint as to Lexington Insurance Company answer now due 10/5/2020; Granite State Insurance Company answer now due 10/5/2020, re Complaint - (Discovery) filed by defendants Lexington Insurance Company; Granite State Insurance Company. (Attachments: #1 Declaration of Brandon A. Howerton in Support of Stipulation to Extend Time to Respond to Initial Complaint by Not More Than 30 Days (L.R. 8-3))(Howerton, Brandon) |
| Filing 10 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff American Contractors Insurance Company Risk Retention Group, identifying American Contractors Insurance Group, LTD.. (Yaron, George) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Alka Sagar. (jtil) |
| Filing 6 NOTICE of Related Case(s) filed by defendants Granite State Insurance Company, Lexington Insurance Company. Related Case(s): 2:20-cv-06888-JFW-JC (Howerton, Brandon) |
| CROSS COMPLAINT filed by Defendant/Cross Complainant National Continental Insurance Company, attached as Exhibit 3. (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff American Contractors Insurance Company Risk Retention Group in Los Angeles Superior Court on 8/10/2020, attached as Exhibit 1. (jtil) |
| Filing 5 CERTIFICATE of Interested Parties filed by defendant Lexington Insurance Company, identifying American International Group, Inc.. (Howerton, Brandon) |
| Filing 4 CERTIFICATE of Interested Parties filed by defendant Granite State Insurance Company, identifying American International Group, Inc.. (Howerton, Brandon) |
| Filing 3 CIVIL COVER SHEET filed by Defendants Granite State Insurance Company, Lexington Insurance Company. (Howerton, Brandon) |
| Filing 2 DECLARATION of Brandon A. Howerton re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendants Granite State Insurance Company, Lexington Insurance Company. (Howerton, Brandon) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV30207 Receipt No: ACACDC-28071781 - Fee: $400, filed by defendants Lexington Insurance Company, Granite State Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Attorney Brandon A Howerton added to party Granite State Insurance Company(pty:dft), Attorney Brandon A Howerton added to party Lexington Insurance Company(pty:dft))(Howerton, Brandon) |
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