Anahit Khayoyan et al v. Travelers Commercial Insurance Company et al
| Anahit Khayoyan and Movses Khayoyan |
| Travelers Property Casualty Insurance Company, Travelers Commercial Insurance Company, Travelers Property Casualty Company of America and Does 1 through 10, inclusive |
| 2:2021cv01709 |
| February 24, 2021 |
| 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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Filing 31
MINUTES (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION PLAINTIFFS' MOTION TO REMAND THE ACTION TO STATE COURT PURSUANT TO 28 U.S.C. 1446, 1447(c) [filed 3/26/21; Docket No. #23 ] by Judge John F. Walter. The Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for April 26, 2021 is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (iv)
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| Filing 30 NOTICE OF LODGING filed [Proposed] Statement of Decision re NOTICE OF MOTION AND MOTION to Remand Case to #23 (Attachments: #1 [Proposed] Statement of Decision re Plaintiff's Motion to Remand)(Agness, Aaron) |
| Filing 29 OBJECTION Opposition re: NOTICE OF MOTION AND MOTION to Remand Case to #23 Evidence Attached to Plaintiff's Reply Brief filed by Defendant Travelers Commercial Insurance Company. (Agness, Aaron) |
| Filing 28 REPLY in support of NOTICE OF MOTION AND MOTION to Remand Case to #23 filed by Plaintiffs Anahit Khayoyan, Movses Khayoyan. (Attachments: #1 Declaration Declaration of Jenna R. Roca ISO Plaintiffs' Reply and Motion to Remand, #2 Exhibit Exhibit A - Joint Statement re Pre-Filing Conference Discussion re Remand, #3 Exhibit Exhibit B - March 24, 2021 Email re Remand Extension Request and Denial, #4 Exhibit Exhibit C - March 31, 2021 Email and VM Correspondence re Remand, #5 Exhibit Exhibit D - Defendant CA Secretary of State Documents w Principal Place of Business in CA, #6 Exhibit Exhibit E - CM/ECF E-filing System Error Message Prohibiting Login Prior to 4pm)(Roca, Jenna) |
| Filing 27 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to #23 filed by Defendant Travelers Commercial Insurance Company. (Attachments: #1 Declaration of Graboff ISO Opposition re Motion to Remand)(Agness, Aaron) |
| Filing 26 ANSWER to Complaint - (Discovery), filed by Defendant Travelers Commercial Insurance Company.(Agness, Aaron) |
| Filing 25 NOTICE of Interested Parties filed by Plaintiffs Anahit Khayoyan, Movses Khayoyan, (Roca, Jenna) |
| Filing 24 DECLARATION of Jenna R. Roca Lead Trial Counsel filed by Plaintiffs Anahit Khayoyan, Movses Khayoyan. (Roca, Jenna) |
| Filing 23 NOTICE OF MOTION AND MOTION to Remand Case to filed by Plaintiffs Anahit Khayoyan, Movses Khayoyan. Motion set for hearing on 4/26/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration Declaration of Jenna R. Roca ISO Plaintiffs' Motion to Remand, #2 Exhibit Exhibit A - Jenna Roca's Pacer Account Registration History, #3 Proposed Order [PROPOSED] ORDER RE: PLAINTIFFS MOTION TO REMAND THE ACTION TO STATE COURT PURSUANT TO 28 U.S.C. 1446, 1447(c)) (Roca, Jenna) |
| Filing 22 DECLARATION of Joel A. Graboff In Response to the Declaration of Jenna R. Roca Re OSC filed by Defendant Travelers Commercial Insurance Company. (Graboff, Joel) |
| Filing 21 DECLARATION of Jenna R. Roca in response to OSC NOTICE OF MOTION AND MOTION to Dismiss All Causes of Action #13 , NOTICE OF MOTION AND MOTION to Dismiss Third Cause of Action #12 filed by Plaintiffs Anahit Khayoyan, Movses Khayoyan. (Roca, Jenna) |
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Filing 20
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 1/7/2022 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 1/14/2022 at 8:00 AM. Jury Trial set for 1/18/2022 at 8:30 AM. (iv)
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Filing 19
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 March 29, 2021 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: September 13, 2021. The Joint Report re: Results of Settlement Conference due on: September 17, 2021. (iv)
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| Filing 18 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-3 days, filed by Defendant Travelers Commercial Insurance Company.. (Agness, Aaron) |
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Filing 17
ORDER: (1) DISMISSING DEFENDANTS TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY AND TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA; AND (2) DISMISSING THE THIRD CAUSE OF ACTION FOR PROFESSIONAL NEGLIGENCE #16 by Judge John F. Walter. Travelers Property Casualty Insurance Company and Travelers Property Casualty Company of America are dismissed from this action without prejudice; The third cause of action for Professional Negligence is dismissed without prejudice; and Travelers Commercial Insurance Company shall have 20 days from the date of this Order to file its Answer to the Complaint. (iv)
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| Filing 16 STIPULATION to Dismiss Defendants Travelers Property Casualty Insurance Company, Travelers Commercial Insurance Company, Travelers Property Casualty Company of America filed by Defendants Travelers Property Casualty Insurance Company, Travelers Commercial Insurance Company, Travelers Property Casualty Company of America. (Attachments: #1 Proposed Order)(Agness, Aaron) |
| Filing 15 Text Entry Order: Defendant Travelers Commercial Insurance Companys Motion to Dismiss Plaintiffs Third Cause of Action forProfessional Negligence For Failure to State a Claim Pursuant to FRCP Rule 12(b)(6), filed on March 3, 2021 (Docket No. #12 ), and Defendants Travelers Property Casualty Insurance Company and Travelers Property Casualty Company of Americas Motion to Dismiss Pursuant to FRCP Rule 12(b)(1) AND (6), filed on March 3, 2021 (Docket No. #13 ), are STRICKEN for failure to comply with Local Rule 7-3, which requires the conference of counsel to take place at least seven days prior to the filing of the Motion, and paragraph 5(b) of the Court's Standing Order, which requires the Joint Statement to be filed 3 days after the Local Rule 7-3 conference. If Defendants wish to re-file the Motions, lead counsel shall meet and confer in person or by video by March 12, 2021. If the parties cannot resolve the issues raised in the Motion, within 3 days of the meet and confer, each party shall file a declaration setting forth the issues resolved at the conference and those issues that were not resolved with a detailed explanation of why those issues could not be resolved. If a Motion remains necessary, it shall not be filed until 2 days after each party files the declaration required by this Order.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 14 Text Entry Order Based on the Declaration of Joel A. Graboff in Support of Defendant Travelers Commercial Insurance Companys Motion to Dismiss Plaintiffs Third Cause of Action for Professional Negligence For Failure to State a Claim Pursuant to FRCP Rule 12(b)(6), filed March 3, 2021 (Docket No. #12 -1), it appears that Plaintiffs lead counsel failed to participate in the Local Rule 7-3 conference. Accordingly, Plaintiffs counsel is ordered to show cause in writing by March 8, 2021 why she should not be sanctioned in the amount of $1,500.00. No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The Order to Show Cause will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Order to Show Cause will result in the imposition of sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 13 *Stricken* NOTICE OF MOTION AND MOTION to Dismiss All Causes of Action filed by Defendants Travelers Property Casualty Company of America, Travelers Property Casualty Insurance Company. Motion set for hearing on 4/5/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration of Joel Graboff, #2 Exhibit A - Travelers Commercial Policy No. 9920680516371, #3 Exhibit B - 02/04/2021 Email to Plaintiffs' Counsel, #4 Exhibit C - 02/11/2021 Email to Plaintiffs' Counsel, #5 Exhibit D - 02/18/2021 Email from Plaintiffs' Counsel, #6 Exhibit E - 02/19/2021 Email to Plaintiffs' Counsel, #7 Exhibit F - 02/23/2021 Email to Plaintiffs' Counsel (Redacted), #8 Exhibit G - 02/23/2021 Email from Plaintiffs' Counsel (Redacted), #9 Exhibit H - 02/23/2021 Email from Plaintiffs' Counsel, #10 Exhibit I - 02/24/2021 Email to Plaintiffs' Counsel (Redacted), #11 Exhibit J - 02/25/2021 Email to Plaintiffs' Counsel (Redacted), #12 Exhibit K - 02/26/2021 Email to Plaintiffs' Counsel, #13 Exhibit L - 03/01/2021 Email to Plaintiffs' Counsel) (Graboff, Joel) Modified on 3/5/2021 (sr). |
| Filing 12 *Stricken* NOTICE OF MOTION AND MOTION to Dismiss Third Cause of Action filed by Defendant Travelers Commercial Insurance Company. Motion set for hearing on 4/5/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration of Joel Graboff, #2 Exhibit A - 02/04/2021 Email to Plaintiffs' Counsel, #3 Exhibit B - 02/11/2021 Email to Plaintiffs' Counsel, #4 Exhibit C - 02/18/2021 Email from Plaintiffs' Counsel, #5 Exhibit D 02/19/2021 Email to Plaintiffs' Counsel, #6 Exhibit E - 02/23/2021 Email from Plaintiffs' Counsel, #7 Exhibit F - 02/23/2021 Email to Plaintiffs' Counsel (Redacted), #8 Exhibit G - 02/23/2021 Email from Plaintiffs' Counsel (Redacted), #9 Exhibit H - 02/24/2021 Email to Plaintiffs' Counsel (Redacted), #10 Exhibit I - 02/25/2021 Email to Plaintiffs' Counsel, #11 Exhibit J - 02/26/2021 Email to Plaintiffs' Counsel, #12 Exhibit K - 03/01/2021 Email to Plaintiffs' Counsel) (Graboff, Joel) Modified on 3/5/2021 (sr). |
| Filing 11 DECLARATION of of Lead Trial Counsel filed by Defendants Travelers Commercial Insurance Company, Travelers Property Casualty Company of America, Travelers Property Casualty Insurance Company. (Agness, Aaron) |
| Filing 10 NOTICE of Standing Order filed by Defendants Travelers Commercial Insurance Company, Travelers Property Casualty Company of America, Travelers Property Casualty Insurance Company. (Agness, Aaron) |
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Filing 9
MINUTES (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for March 29, 2021 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 March 18, 2021. (iv)
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Filing 8
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 7 TEXT ONLY ENTRY ORDER DISMISSING DOES: Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the action as to Doe Defendants 11 through 100, inclusive. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Jacqueline Chooljian. (lh) |
| CONFORMED COPY OF COMPLAINT against Defendants Does, Travelers Commercial Insurance Company, Travelers Property Casualty Company of America, Travelers Property Casualty Insurance Company. Jury Demanded, filed by Plaintiffs Anahit Khayoyan, Movses Khayoyan. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 11/20/2020 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| NON-CONFORMED FILED COPY OF PLAINTIFFS DEMAND for Jury Trial and Notice of Posting of Jury Fees, filed by Plaintiffs Anahit Khayoyan, Movses Khayoyan. (SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 4 NOTICE of Related Case(s) filed by Defendants Travelers Commercial Insurance Company, Travelers Property Casualty Company of America, Travelers Property Casualty Insurance Company. Related Case(s): NONE (Agness, Aaron) |
| Filing 3 NOTICE of Interested Parties filed by Defendants All Defendants, identifying Travelers Commercial Insurance Company (Defendant), which is 100% owned by Travelers Casualty and Surety Company, which is100% owned by Travelers Insurance Group Holdings, Inc., which is 100% owned by Travelers Property Casualty Corp., which is100% owed by The Travelers Companies, Inc., which is the only publicly held company in the corporate family. No individual or corporation owns 10% or more of the stock of The Travelers Companies, Inc.; Travelers Property Casualty Insurance Company (Defendant), which is 100% owned by The Standard Fire Insurance Company, which is 100% owned by Travelers Insurance Group Holdings Inc., which is 100% owned by Travelers Property Casualty Corp., which is 100% owned by The Travelers Companies, Inc. The Travelers Companies, Inc. is the only publicly held company in the corporate family. No individual or corporation owns 10% or more of the stock of The Travelers Companies, Inc.; Travelers Property Casualty Company of America (Defendant), which is 100% owned by The Phoenix Insurance Company, which is 100% owned by The Travelers Indemnity Company, which is 100% owned by Travelers Insurance Group Holdings Inc., which is 100% owned by Travelers Property Casualty Corp., which is 100% owned by The Travelers Companies, Inc. The Travelers Companies, Inc. is the only publicly held company in the corporate family. No individual or corporation owns 10% or more of the stock of The Travelers Companies, Inc.. (Agness, Aaron) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Travelers Commercial Insurance Company, Travelers Property Casualty Company of America, Travelers Property Casualty Insurance Company. (Agness, Aaron) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV44567 Receipt No: ACACDC-30688559 - Fee: $402, filed by Defendants Travelers Property Casualty Insurance Company, Travelers Commercial Insurance Company, Travelers Property Casualty Company of America. (Attachments: #1 Exhibit "1" ISO Removal, #2 Exhibit "2" ISO Removal, #3 Exhibit "6" ISO Removal, #4 Declaration of Graboff ISO Removal) (Attorney Aaron C Agness added to party Travelers Commercial Insurance Company(pty:dft), Attorney Aaron C Agness added to party Travelers Property Casualty Company of America(pty:dft), Attorney Aaron C Agness added to party Travelers Property Casualty Insurance Company(pty:dft))(Agness, Aaron) |
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