MOTIV GROUP, INC. v. CONTINENTAL CASUALTY COMPANY
Plaintiff: MOTIV GROUP, INC.
Defendant: Continental Casualty Company
Case Number: 2:2020cv09368
Filed: October 13, 2020
Court: US District Court for the Central District of California
Presiding Judge: Charles F Eick
Referring Judge: Otis D Wright
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 1, 2020 Filing 57 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Case #51 Plaintiffs Notice of Supplemental Authority In Support of Its Memorandum of Points and Authorities In Opposition to Defendants Motion to Dismiss Complaint filed by Plaintiff MOTIV GROUP, INC.. (Jacobellis, Victor)
November 25, 2020 Filing 56 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #51 Plaintiffs Memorandum of Points and Authorities in Opposition to Defendants Motion to Dismiss Complaint filed by Plaintiff MOTIV GROUP, INC.. (Attachments: #1 Declaration Declaration of Victor J. Jacobellis In Support of Plaintiff's Memorandum of Points and Authorities in Opposition to Defendant's Motion to Dismiss Complaint, #2 Proposed Order [Proposed] Order Denying Defendant Continental Casualty Companys Motion to Dismiss Complaint)(Jacobellis, Victor)
November 12, 2020 Opinion or Order Filing 55 ORDER GRANTING REQUEST TO SUBSTITUTE ATTORNEY G. David Godwin, Thomas J. Lloyd, and Melanie P. Cockrum in place of attorney William D. Wilson for Defendant Continental Casualty Company #54 by Judge Otis D. Wright, II (lc)
November 11, 2020 Filing 54 REQUEST TO SUBSTITUTE ATTORNEY G. David Godwin in place of attorney William D. Wilson filed by Defendant Continental Casualty Company. (Attachments: #1 Proposed Order on Request for Approval of Substitution of Attorney) (Godwin, G.)
November 5, 2020 Filing 53 NOTICE of Appearance filed by attorney Melanie Patrice Cockrum on behalf of Defendant Continental Casualty Company (Attorney Melanie Patrice Cockrum added to party Continental Casualty Company(pty:dft))(Cockrum, Melanie)
November 5, 2020 Filing 52 NOTICE of Appearance filed by attorney Thomas Joseph Lloyd on behalf of Defendant Continental Casualty Company (Attorney Thomas Joseph Lloyd added to party Continental Casualty Company(pty:dft))(Lloyd, Thomas)
November 4, 2020 Filing 51 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Continental Casualty Company. Motion set for hearing on 1/4/2021 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Appendix Request for Judicial Notice, #2 Proposed Order) (Attorney G. David Godwin added to party Continental Casualty Company(pty:dft)) (Godwin, G.)
October 30, 2020 Opinion or Order Filing 50 ORDER GRANTING APPLICATION of Non-Resident Attorney Adam A. Schwartzbaum to Appear Pro Hac Vice on behalf of Plaintiff MOTIV GROUP, INC. and designating Victor J. Jacobellis as local counsel #48 by Judge Otis D. Wright, II (lc)
October 30, 2020 Opinion or Order Filing 49 ORDER GRANTING APPLICATION of Non-Resident Attorney Adam M. Moskowitz to Appear Pro Hac Vice on behalf of Plaintiff MOTIV GROUP, INC and designating Victor J. Jacobellis as local counsel #47 by Judge Otis D. Wright, II (lc)
October 28, 2020 Filing 48 APPLICATION of Non-Resident Attorney Adam A. Schwartzbaum to Appear Pro Hac Vice on behalf of Plaintiff MOTIV GROUP, INC. (Pro Hac Vice Fee - $500.00 Previously Paid on 10/21/2020, Receipt No. 28644683) filed by Plaintiff MOTIV GROUP, INC.. (Attachments: #1 Proposed Order) (Jacobellis, Victor)
October 28, 2020 Filing 47 APPLICATION of Non-Resident Attorney Adam M. Moskowitz to Appear Pro Hac Vice on behalf of Plaintiff MOTIV GROUP, INC. (Pro Hac Vice Fee - $500.00 Previously Paid on 10/21/2020, Receipt No. 28644412) filed by Plaintiff MOTIV GROUP, INC.. (Attachments: #1 Proposed Order) (Jacobellis, Victor)
October 28, 2020 Filing 46 Notice of Appearance or Withdrawal of Counsel: for attorney Victor J. Jacobellis counsel for Plaintiff MOTIV GROUP, INC.. Adding Victor J. Jacobellis as counsel of record for MOTIV GROUP, INC. for the reason indicated in the G-123 Notice. Filed by Plaintiff MOTIV GROUP, INC.. (Jacobellis, Victor)
October 26, 2020 Filing 45 RESPONSE filed by Pro Hac Vice attorney William F. Merlin, Jr on behalf of Plaintiff MOTIV GROUP, INC.. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney is a licensed California attorney, admitted to this Court, is currently Active and in good standing. (Thrasher, Lupe)
October 26, 2020 Opinion or Order Filing 44 ORDER by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: APPLICATION of Non-Resident Attorney Adam A. Schwartzbaum to Appear Pro Hac Vice on behalf of Plaintiff MOTIV GROUP, INC. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28644683) #37 , APPLICATION of Non-Resident Attorney Adam M. Moskowitz to Appear Pro Hac Vice on behalf of Plaintiff MOTIV GROUP, INC. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28644412) #36 , for the following reasons: Comply with instructions on discrepancy doc no.42. Refile CORRECTLY and attach the proposed order to the e-filed document. Send proposed order in word to the judge's chambers email. This information is on the court's website. Review it for compliance! (lc)
October 23, 2020 Filing 43 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel J Veroff counsel for Plaintiff MOTIV GROUP, INC.. Adding Daniel J. Veroff as counsel of record for MOTIV GROUP, INC. for the reason indicated in the G-123 Notice. Filed by Plaintiff MOTIV GROUP, INC.. (Attorney Daniel J Veroff added to party MOTIV GROUP, INC.(pty:pla))(Veroff, Daniel)
October 22, 2020 Filing 42 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Adam A. Schwartzbaum to Appear Pro Hac Vice on behalf of Plaintiff MOTIV GROUP, INC. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28644683) #37 , APPLICATION of Non-Resident Attorney Adam M. Moskowitz to Appear Pro Hac Vice on behalf of Plaintiff MOTIV GROUP, INC. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28644412) #36 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (Thrasher, Lupe)
October 21, 2020 Filing 37 (STRICKEN PER 10/26/2020 ORDER DOCKET NO. 44). APPLICATION of Non-Resident Attorney Adam A. Schwartzbaum to Appear Pro Hac Vice on behalf of Plaintiff MOTIV GROUP, INC. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28644683) filed by Motiv Group, Inc. MOTIV GROUP, INC.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order) (Attorney Adam A Schwartzbaum added to party MOTIV GROUP, INC.(pty:pla)) (Schwartzbaum, Adam) Modified on 10/26/2020 (lc).
October 21, 2020 Filing 36 (STRICKEN PER 10/26/2020 ORDER DOCKET NO. 44). APPLICATION of Non-Resident Attorney Adam M. Moskowitz to Appear Pro Hac Vice on behalf of Plaintiff MOTIV GROUP, INC. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28644412) filed by Motiv Group, Inc. MOTIV GROUP, INC.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order) (Moskowitz, Adam) Modified on 10/26/2020 (lc).
October 19, 2020 Filing 41 RESPONSE filed by Pro Hac Vice attorney Craig R. Rygiel on behalf of Defendant Continental Casualty Company. RE: Craig R. Rygiel. PHV fee N/A. Counsel will not be appearing as attorney of record on this case. (sbou)
October 19, 2020 Filing 40 RESPONSE filed by Pro Hac Vice attorney Kevin Buckley on behalf of Defendant Continental Casualty Company. RE: Kevin Buckley. PHV fee N/A. Counsel will not be appearing as attorney of record in this case. (sbou)
October 19, 2020 Filing 39 RESPONSE filed by Pro Hac Vice attorney William D. Wilson on behalf of Defendant Continental Casualty Company. RE: William D. Wilson. PHV fee N/A. Counsel will not be appearing as attorney of record on this case. (sbou)
October 19, 2020 Filing 38 RESPONSE filed by Pro Hac Vice attorney Howard M Bushman on behalf of Plaintiff MOTIV GROUP, INC.. RE: Notice of Filing Fee Due. PHV fee N/A. Counsel will not be appearing as attorney of record in this case. (sbou)
October 16, 2020 Filing 35 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kevin Buckley. 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. (esa)
October 16, 2020 Filing 34 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Craig R Rygiel. 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. (esa)
October 16, 2020 Filing 33 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney William D Wilson. 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. (esa)
October 16, 2020 Filing 32 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Ryan M Farrell. 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. (esa)
October 16, 2020 Filing 31 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney John J Reilly. 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. (esa)
October 16, 2020 Filing 30 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Howard M Bushman. 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. (esa)
October 16, 2020 Filing 29 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney William F Merlin, Jr.. 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. (esa)
October 16, 2020 Filing 28 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Lawrence E Bathgate, II. 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. (esa)
October 16, 2020 Filing 27 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Adam M Moskowtiz. 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. (esa)
October 16, 2020 Filing 26 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 3:20-cv-08206-BRM-DEA, from District of New Jersey - Trenton. The above-referenced case has been transferred to this district and assigned the above civil case number 2:20-cv-09368 ODW (Ex). (esa)
October 16, 2020 Filing 25 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
October 16, 2020 Filing 24 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Charles F. Eick. (esa)
October 14, 2020 Filing 23 ORIGINAL file, certified copy of transfer order and docket sheet received from New Jersey
October 12, 2020 Opinion or Order Filing 22 CONSENT ORDER transferring this case to the U.S. District Court for the Central District of California and withdrawing the Defendant's #17 Motion to Dismiss. Defendant is granted 21 days from the date the case is opened in the U.S. District Court for the Central District of California to re-file its Motion to Dismiss. Signed by Judge Brian R. Martinotti on 10/9/2020. (jmh) [Transferred from New Jersey on 10/14/2020.]
October 12, 2020 Filing 21 RESPONSE to Motion filed by MOTIV GROUP, INC. re #17 MOTION to Dismiss (FARRELL, RYAN) [Transferred from New Jersey on 10/14/2020.]
October 9, 2020 Filing 20 Proposed Order Consent Order To Transfer Venue by CONTINENTAL CASUALTY COMPANY. (RYGIEL, CRAIG) [Transferred from New Jersey on 10/14/2020.]
September 21, 2020 Opinion or Order Filing 19 LETTER ORDER granting Plaintiff's request for an alternative briefing schedule. Signed by Judge Brian R. Martinotti on 9/21/2020. (jmh) [Transferred from New Jersey on 10/14/2020.]
September 21, 2020 Filing 18 Letter from Ryan M. Farrell re: Joint Request for Adjournment and Alternate Briefing Schedule re #17 MOTION to Dismiss , Set/Reset Motion and R&R Deadlines/Hearings,. (FARRELL, RYAN) [Transferred from New Jersey on 10/14/2020.]
September 11, 2020 Set Deadlines as to #17 MOTION to Dismiss . Motion set for 10/5/2020 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jmh) [Transferred from New Jersey on 10/14/2020.]
September 10, 2020 Filing 17 MOTION to Dismiss by CONTINENTAL CASUALTY COMPANY. Responses due by 9/28/2020 (Attachments: #1 Declaration H. Christopher Boehning, #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 Brief, #11 Text of Proposed Order)(BUCKLEY, KEVIN) [Transferred from New Jersey on 10/14/2020.]
August 18, 2020 Opinion or Order Filing 16 ORDER granting #14 Motion for Leave to Appear Pro Hac Vice as to Yahonnes Cleary, Esq. Signed by Magistrate Judge Douglas E. Arpert on 8/18/2020. (jmh) [Transferred from New Jersey on 10/14/2020.]
August 18, 2020 Opinion or Order Filing 15 ORDER granting #13 Motion for Leave to Appear Pro Hac Vice as to H. Christopher Boehning, Esq. Signed by Magistrate Judge Douglas E. Arpert on 8/18/2020. (jmh) [Transferred from New Jersey on 10/14/2020.]
August 17, 2020 Filing 14 MOTION for Leave to Appear Pro Hac Vice Yahonnes Cleary by CONTINENTAL CASUALTY COMPANY. (Attachments: #1 Text of Proposed Order Consent Order)(RYGIEL, CRAIG) [Transferred from New Jersey on 10/14/2020.]
August 17, 2020 Filing 13 MOTION for Leave to Appear Pro Hac Vice H. Christopher Boehning by CONTINENTAL CASUALTY COMPANY. (Attachments: #1 Text of Proposed Order Consent Order)(RYGIEL, CRAIG) [Transferred from New Jersey on 10/14/2020.]
August 17, 2020 Set Deadlines as to #13 MOTION for Leave to Appear Pro Hac Vice H. Christopher Boehning, #14 MOTION for Leave to Appear Pro Hac Vice Yahonnes Cleary. Motion set for 9/21/2020 before Magistrate Judge Douglas E. Arpert. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jmh) [Transferred from New Jersey on 10/14/2020.]
August 14, 2020 Filing 12 Corporate Disclosure Statement by MOTIV GROUP, INC.. (FARRELL, RYAN) [Transferred from New Jersey on 10/14/2020.]
August 10, 2020 Filing 11 SUMMONS Returned Executed by MOTIV GROUP, INC.. CONTINENTAL CASUALTY COMPANY served on 7/21/2020, answer due 8/11/2020. (FARRELL, RYAN) [Transferred from New Jersey on 10/14/2020.]
August 4, 2020 Filing 10 NOTICE of Appearance by KEVIN BUCKLEY on behalf of CONTINENTAL CASUALTY COMPANY (BUCKLEY, KEVIN) [Transferred from New Jersey on 10/14/2020.]
July 30, 2020 Opinion or Order Filing 9 CONSENT ORDER that the time within which Defendant Continental Casualty Company may answer, move, or otherwise reply to the Complaint is extended to 9/10/2020. Signed by Magistrate Judge Douglas E. Arpert on 7/30/2020. (jmh) [Transferred from New Jersey on 10/14/2020.]
July 29, 2020 Filing 8 Proposed Order extending the time to answer, move or otherwise respond to September 10, 2020 by CONTINENTAL CASUALTY COMPANY re #1 Complaint. (WILSON, WILLIAM) [Transferred from New Jersey on 10/14/2020.]
July 29, 2020 Filing 7 Corporate Disclosure Statement by CONTINENTAL CASUALTY COMPANY identifying The Continental Corporation as Corporate Parent.. (WILSON, WILLIAM) [Transferred from New Jersey on 10/14/2020.]
July 29, 2020 Filing 6 NOTICE of Appearance by CRAIG R. RYGIEL on behalf of CONTINENTAL CASUALTY COMPANY (RYGIEL, CRAIG) [Transferred from New Jersey on 10/14/2020.]
July 29, 2020 Filing 5 NOTICE of Appearance by WILLIAM D. WILSON on behalf of CONTINENTAL CASUALTY COMPANY (WILSON, WILLIAM) [Transferred from New Jersey on 10/14/2020.]
July 16, 2020 Filing 4 NOTICE of Appearance by JOHN J. REILLY on behalf of MOTIV GROUP, INC. (REILLY, JOHN) [Transferred from New Jersey on 10/14/2020.]
July 15, 2020 Filing 3 NOTICE of Appearance by LAWRENCE E. BATHGATE, II on behalf of MOTIV GROUP, INC. (BATHGATE, LAWRENCE) [Transferred from New Jersey on 10/14/2020.]
July 6, 2020 Filing 2 SUMMONS ISSUED as to CONTINENTAL CASUALTY COMPANY. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (mg) [Transferred from New Jersey on 10/14/2020.]
July 2, 2020 Judge Brian R. Martinotti and Magistrate Judge Douglas E. Arpert added. (mg) [Transferred from New Jersey on 10/14/2020.]
July 2, 2020 Filing 1 COMPLAINT against CONTINENTAL CASUALTY COMPANY ( Filing and Admin fee $ 400 receipt number ANJDC-11025793) with JURY DEMAND, filed by MOTIV GROUP, INC.. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 A)(FARRELL, RYAN) [Transferred from New Jersey on 10/14/2020.]

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Defendant: Continental Casualty Company
Represented By: Craig R. Rygiel
Represented By: William D. Wilson
Represented By: Kevin Buckley
Represented By: Thomas Joseph Lloyd
Represented By: Melanie Patrice Cockrum
Represented By: G. David Godwin
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Plaintiff: MOTIV GROUP, INC.
Represented By: Lawrence E. Bathgate, II
Represented By: Adam M. Moskowitz
Represented By: Ryan M. Farrell
Represented By: Howard M Bushman
Represented By: John J. Reilly
Represented By: William F. Merlin, Jr.
Represented By: Daniel J Veroff
Represented By: Victor J Jacobellis
Represented By: Adam A. Schwartzbaum
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