Gina Bongiovanni et al v. State Farm Mutual Automobile Insurance Company et al
| Gina Bongiovanni and Bongiovanni Insurance and Financial Services, Inc. |
| State Farm Mutual Automobile Insurance Company, State Farm General Insurance Company, Doe 1 through Doe 100, State Farm Life Insurance Company and State Farm Fire And Casualty Company |
| 2:2020cv09197 |
| October 7, 2020 |
| US District Court for the Central District of California |
| Maria A Audero |
| Michael W Fitzgerald |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 12, 2021. A more recent docket listing may be available from PACER.
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Filing 28
MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANTS' MOTION TO DISMISS #20 ; DENYING DEFENDANTS' MOTION TO STRIKE AS MOOT #21 by Judge Michael W. Fitzgerald. Plaintiff was previously warned that failure to plead sufficient facts establishing a plausible IIED claim in the SAC would result in dismissal with prejudice. Accordingly, the Motion is GRANTED without leave to amend. The action is DISMISSED with prejudice. The Motion to Strike is therefore DENIED as moot. (Made JS-6. Case Terminated.) (iv)
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| Filing 27 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. Pursuant to the Central District of California's Continuity of Operations Plan (COOP) and Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds the MOTION TO DISMISS FIRST AMENDED COMPLAINT #20 AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS FIRST AMENDED COMPLAINT #21 is appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for January 11, 2021 is vacated and taken off calendar. If the Court determines that a hearing is necessary, one will be reset at a later date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY |
| Filing 26 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss Case #20 filed by Defendants State Farm Fire And Casualty Company, State Farm General Insurance Company, State Farm Life Insurance Company, State Farm Mutual Automobile Insurance Company. (Kennedy, Tracey) |
| Filing 25 REPLY in Support NOTICE OF MOTION AND MOTION to Strike PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT NOTICE OF MOTION AND MOTION to Dismiss Case #20 #21 , NOTICE OF MOTION AND MOTION to Dismiss Case #20 filed by Defendants State Farm Fire And Casualty Company, State Farm General Insurance Company, State Farm Life Insurance Company, State Farm Mutual Automobile Insurance Company. (Tantula, Namal) |
| Filing 24 OPPOSITION filed by Plaintiff Gina Bongiovanni. (Mounier, John) |
| Filing 23 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Strike PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT NOTICE OF MOTION AND MOTION to Dismiss Case #20 #21 filed by Defendants State Farm Fire And Casualty Company, State Farm General Insurance Company, State Farm Life Insurance Company, State Farm Mutual Automobile Insurance Company. (Tantula, Namal) |
| Filing 22 NOTICE OF NON-OPPOSITION NOTICE OF MOTION AND MOTION to Dismiss Case #20 filed by Defendants State Farm Fire And Casualty Company, State Farm General Insurance Company, State Farm Life Insurance Company, State Farm Mutual Automobile Insurance Company. (Tantula, Namal) |
| Filing 21 NOTICE OF MOTION AND MOTION to Strike PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT NOTICE OF MOTION AND MOTION to Dismiss Case #20 filed by defendant State Farm Fire And Casualty Company, State Farm General Insurance Company, State Farm Life Insurance Company, State Farm Mutual Automobile Insurance Company. Motion set for hearing on 1/11/2021 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum ISO OF DEFENDANTS' MOTION TO STRIKE, #2 Declaration ISO DEFENDANTS' MOTION TO STRIKE, #3 Proposed Order ISO OF DEFENDANTS' MOTION TO STRIKE) (Tantula, Namal) |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant State Farm Fire And Casualty Company, State Farm General Insurance Company, State Farm Life Insurance Company, State Farm Mutual Automobile Insurance Company. Motion set for hearing on 1/11/2021 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum ISO OF DEFENDANTS' MOTION TO DISMISS, #2 Declaration ISO OF DEFENDANTS' MOTION TO DISMISS, #3 Proposed Order ISO OF DEFENDANTS' MOTION TO DISMISS) (Tantula, Namal) |
| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #18 . The following error(s) was/were found: 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. (iv) |
| Filing 18 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery), JURY DEMAND, filed by Plaintiff Gina Bongiovanni(Mounier, John) |
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Filing 17
MINUTES (IN CHAMBERS) ORDER RE: DEFENDANTS' MOTION TO DISMISS #9 ; DEFENDANTS MOTION TO STRIKE #10 by Judge Michael W. Fitzgerald. Because Bongiovanni's IIED claim could conceivably be saved with additional factual allegations, the Motion with respect to the IIED claim is GRANTED with leave to amend. The Motion is otherwise GRANTED without leave to amend. Accordingly, the Motion to Strike is DENIED as moot. Plaintiff Bongiovanni may file a First Amended Complaint on or before November 30, 2020, as to the IIED claim only. Defendants shall file a response to the FAC by December 14, 2020. If Plaintiff Bongiovanni fails to file the FAC on or before November 30, 2020, the action will be DISMISSED with prejudice. (iv)
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| Filing 16 MEMORANDUM in Opposition to Rule 12(b) Motion to Dismiss filed by Plaintiff Gina Bongiovanni. (Mounier, John) |
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Filing 15
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 20-09 and Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds the MOTION TO DISMISS PLAINTIFF'S COMPLAINT #9 , MOTION TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT #10 are appropriate for submission on the papers without oral argument. Accordingly, the hearing set on these motions for November 16, 2020 are vacated and taken off calendar. If the Court determines that a hearing is necessary, one will be reset at a later date. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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| Filing 14 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Strike NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) and Motion for More Definite Statement Pursuant to FRCP 12(e) #9 #10 DEFENDANTS' NOTICE OF PLAINITFFS' NON-OPPOSITION TO DEFENDANTS' MOTION TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT filed by Defendants State Farm Fire And Casualty Company, State Farm General Insurance Company, State Farm Life Insurance Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Declaration TO TRACEY KENNEDY, #2 Exhibit TO TRACEY KENNEDY DECLARATION)(Tantula, Namal) |
| Filing 13 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) and Motion for More Definite Statement Pursuant to FRCP 12(e) #9 DEFENDANTS' NOTICE OF PLAINTIFFS' NON-OPPOSITION TO DEFENDANTS' MOTION TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT filed by Defendants State Farm Fire And Casualty Company, State Farm General Insurance Company, State Farm Life Insurance Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Declaration OF TRACEY KENNEDY, #2 Exhibit TO TRACEY KENNEDY DECLARATION)(Tantula, Namal) |
| Filing 12 PROOF OF SERVICE filed by Defendants State Farm Fire And Casualty Company, State Farm General Insurance Company, State Farm Life Insurance Company, State Farm Mutual Automobile Insurance Company, re NOTICE OF MOTION AND MOTION to Strike NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) and Motion for More Definite Statement Pursuant to FRCP 12(e) #9 #10 served on 10/14/2020. (Kennedy, Tracey) |
| Filing 11 PROOF OF SERVICE filed by Defendants State Farm Fire And Casualty Company, State Farm General Insurance Company, State Farm Life Insurance Company, State Farm Mutual Automobile Insurance Company, re NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) and Motion for More Definite Statement Pursuant to FRCP 12(e) #9 served on 10/14/2020. (Kennedy, Tracey) |
| Filing 10 NOTICE OF MOTION AND MOTION to Strike NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) and Motion for More Definite Statement Pursuant to FRCP 12(e) #9 filed by Defendants State Farm Fire And Casualty Company, State Farm General Insurance Company, State Farm Life Insurance Company, State Farm Mutual Automobile Insurance Company. Motion set for hearing on 11/16/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Points and Authorities in Support of the Motion to Strike Portions of Plaintiffs' Complaint Pursuant to FRCP 12(f), #2 Declaration of Tracey A Kennedy in Support of Defendants' Motion to Strike Portions of Plaintiffs' Complaint, #3 Proposed Order re Defendants' Motion to Strike Portions of Plaintiffs' Complaint and Motion for More Definite Statement Pursuant to FRCP 12(e)) (Kennedy, Tracey) |
| Filing 9 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) and Motion for More Definite Statement Pursuant to FRCP 12(e) filed by Defendants State Farm Fire And Casualty Company, State Farm General Insurance Company, State Farm Life Insurance Company, State Farm Mutual Automobile Insurance Company. Motion set for hearing on 11/16/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendants' Motion to Dismiss Plaintiffs' Complaint, #2 Declaration of Tracey A. Kennedy in Support of Defendants' Motion to Dismiss Complaint, #3 Proposed Order re Defendants' Motion to Dismiss Plaintiffs' Complaint and Motion for More Definite Statement Pursuant to FRCP 12(e)) (Kennedy, Tracey) |
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Filing 8
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:15-cv-00566-MWF-SSx. Case transferred from Judge Percy Anderson to Judge Michael W. Fitzgerald for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-09197-MWF-MAAx. Signed by Judge Michael W. Fitzgerald (aco)
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| Filing 7 PROOF OF SERVICE filed by defendant State Farm Fire And Casualty Company, State Farm General Insurance Company, State Farm Life Insurance Company, State Farm Mutual Automobile Insurance Company, re Corporate Disclosure Statement, #3 , Civil Cover Sheet (CV-71) #2 , Notice of Removal (Attorney Civil Case Opening),,, #1 , Notice of Assignment to United States Judges(CV-18) - optional html form #5 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Certificate/Notice of Interested Parties,, #4 served on 10/08/2020. (Tantula, Namal) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Maria A. Audero. (esa) |
| CONFORMED COPY OF COMPLAINT against defendants Doe 1 through Doe 100, State Farm Fire And Casualty Company, State Farm General Insurance Company, State Farm Life Insurance Company, State Farm Mutual Automobile Insurance Company, filed by plaintiffs Gina Bongiovanni, Bongiovanni Insurance and Financial Services, Inc. (filed in state court 9/9/20, submitted as document 1, attachment 2, p. 5) (esa) |
| Filing 4 NOTICE of Interested Parties filed by DEFENDANT State Farm Fire And Casualty Company, State Farm General Insurance Company, State Farm Life Insurance Company, State Farm Mutual Insurance Company, identifying DEFENDANT STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; DEFENDANT STATE FARM LIFE INSURANCE COMPANY; DEFENDANT STATE FARM LIFE AND CASUALTY INSURANCE COMPANY; DEFENDANT STATE FARM GENERAL INSURANCE COMPANY; PLAINTIFF GINA BONGIOVANNI AND PLAINTIFF GINA BONGIOVANNI INSURANCE AND FINANCIAL SERVICES, INC.. (Tantula, Namal) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendants State Farm Fire And Casualty Company, State Farm General Insurance Company, State Farm Life Insurance Company, State Farm Mutual Insurance Company identifying defendant as Corporate Parent. (Tantula, Namal) |
| Filing 2 CIVIL COVER SHEET filed by Defendants State Farm Fire And Casualty Company, State Farm General Insurance Company, State Farm Life Insurance Company, State Farm Mutual Insurance Company. (Tantula, Namal) |
| Filing 1 NOTICE OF REMOVAL from COUNTY OF LOS ANGELES, case number 20STCV08115 Receipt No: ACACDC-28428511 - Fee: $400, filed by defendant State Farm General Insurance Company, State Farm Life Insurance Company, State Farm Mutual Insurance Company, State Farm Fire And Casualty Company. (Attachments: #1 Declaration OF TRACEY KENNEDY IN SUPPOR OF, #2 Exhibit A-F TO TRACEY KENNEDY DECLARATION, #3 Declaration OF MICHAEL ROPER IN SUPPOR OF) (Attorney Namal Munaweera Tantula added to party State Farm Fire And Casualty Company(pty:dft), Attorney Namal Munaweera Tantula added to party State Farm General Insurance Company(pty:dft), Attorney Namal Munaweera Tantula added to party State Farm Life Insurance Company(pty:dft), Attorney Namal Munaweera Tantula added to party State Farm Mutual Insurance Company(pty:dft))(Tantula, Namal) |
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