Elizabeth Borges v. The Prudential Insurance Company of America et al
| Elizabeth Borges |
| The Prudential Insurance Company of America and Does 1 to 100 |
| Priscilla Hernandez |
| 2:2021cv06934 |
| August 27, 2021 |
| US District Court for the Central District of California |
| Dale S Fischer |
| Michael W Fitzgerald |
| Karen L Stevenson |
| Insurance |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 25, 2021. A more recent docket listing may be available from PACER.
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| Filing 24 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #21 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. Title of Caption must be exactly how it is on the pleading, also, see document no. 23. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lom) |
| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Claim #19 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Counterclaim. Other error(s) with document(s): Caption remains incomplete as to the parties. No title of parties are in the caption of the document. It is not defined on caption if it is a counterclaim nor was it added as parties to the docket sheet. Priscilla Herandez comes up on the docket sheet as Third-Party Plaintiff, Third-party Defendant, Cross Claimant. Also, please link your document. If it is a claim, then you have to identify it on the caption of the document. 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. (lom) |
Filing 22
MINUTES (IN CHAMBERS) ORDER GRANTING MOTION TO APPOINT GUARDIAN AD LITEM AND VACATING HEARING ON MOTION #20 by Judge Michael W. Fitzgerald. The Court GRANTS the Petition and appoints Priscilla Hernandez as Guardian ad Litem for the minor, A.O. The November 8, 2021 is VACATED. Future filings must comply with the Local Rules and this Courts Proceduresand Schedules. Failure to comply will result in documents being stricken. See attached minute order for details. (lom)
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| Filing 21 Request for Clerk to Issue Summons on Claim #19 , Notice of Deficiency in Request to Issue Summons,, #18 filed by Defendant/Counter Claimant Priscilla Hernandez. (Maddux, Michael) |
| Filing 20 First NOTICE OF MOTION AND MOTION for Appointment of Priscilla Hernandez as Guardian ad Litem for A.O. filed by Defendant/Counter Claimant Priscilla Hernandez. Motion set for hearing on 11/8/2021 at 11:00 AM before Judge Michael W. Fitzgerald. (Maddux, Michael) |
| Filing 19 CLAIM filed by Defendant/Counter Claimant Priscilla Hernandez. (Maddux, Michael) |
| Filing 18 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #16 . The following error(s) was found: (1) Filer used summons on a third-party complaint, however a third party complaint has not been filed by defendant/cross-complainant Priscilla Hernandez. (2) Filer attached Request to waive service to the request for summons. Request to waive service should be filed as separate filings using correct events. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (iv) |
| Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer, Crossclaim, Counterclaim #15 . The following error(s) was/were found: Filer selected Counterclaim as part of filing pleading however within the pleading filer has named "cross-complainants" only. Filer attached a Motion to Appoint Guardian Ad Litem to the Answer. Motion should be filed as a separate filing using correct motion event. 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. (iv) |
| Filing 16 Request for Clerk to Issue Summons on Answer to Third Party Complaint,,,,,, Crossclaim,,, Counterclaim,, #15 filed by Defendant/Cross Complainant Priscilla Hernandez. (Attachments: #1 Unredacted Document Notice of Lawsuit and Request to Waive Service of a Summons, #2 Unredacted Document Waiver of the Service of Summons)(Maddux, Michael) |
| Filing 15 ANSWER to Answer to Complaint (Discovery),,, Third Party Complaint,,, Counterclaim,, #11 , THIRD PARTY COMPLAINT against Elizabeth Borges, Does, The Prudential Insurance Company of America, CROSSCLAIM against Elizabeth Borges, Does, The Prudential Insurance Company of America, COUNTERCLAIM against Elizabeth Borges, Does, The Prudential Insurance Company of America filed by Defendant/Cross Complainant Priscilla Hernandez. (Attachments: #1 Unredacted Document Motion to Appoint Guardian Ad Litem: Order to Appointment of Guardian Ad Litem)(Attorney Michael C Maddux added to party Priscilla Hernandez(pty:3pd))(Maddux, Michael) |
| FILING FEE PAID for new civil case. Receipt No. ACACDC-32194781 for $402 filing fee. (Maddux, Michael) |
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Filing 14
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Michael W. Fitzgerald. This matter is set for a scheduling conference 11/8/21 at 11:00 AM. (pg)
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| Filing 13 21 DAY Summons Issued re Third Party Complaint #11 as to Third Party Defendant Priscilla Hernandez. (iv) |
| Filing 12 Request for Clerk to Issue Summons on Answer to Complaint (Discovery),,, Third Party Complaint,,, Counterclaim,, #11 filed by Defendant The Prudential Insurance Company of America. (Walker, John) |
| Filing 11 ANSWER to Complaint - (Discovery) , THIRD PARTY COMPLAINT against Priscilla Hernandez, COUNTERCLAIM against Elizabeth Borges filed by Defendant The Prudential Insurance Company of America. (Attachments: #1 Exhibit A - Plan and Certificate, #2 Exhibit B - Certificate of Death, #3 Exhibit C - E. Borges Claim Form, #4 Exhibit D - Letter from P. Hernandez, #5 Exhibit E - P. Hernandez Claim Form, #6 Exhibit F - Letter from Attorney for P. Hernandez, #7 Exhibit G - Probate Court TRO, #8 Exhibit H - Preliminary Injunction Order)(Walker, John) |
| Filing 10 STIPULATION Extending Time to Answer the complaint as to The Prudential Insurance Company of America answer now due 9/14/2021, re Complaint - (Discovery) filed by Defendant The Prudential Insurance Company of America.(Walker, John) |
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Filing 9
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 21-01 by Judge Dale S. Fischer. Case transferred from Judge Dale S. Fischer to the calendar of Judge Michael W. Fitzgerald for all further proceedings. Case number now reads as 2:21-cv-06934 MWF(KSx). (rn)
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| Filing 8 CERTIFICATE OF SERVICE filed by Defendant The Prudential Insurance Company of America, re Notice of Removal (Attorney Civil Case Opening), #1 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #5 , Initial Order upon Filing of Complaint - form only,, #7 , Notice of Assignment to United States Judges(CV-18) - optional html form #4 , Corporate Disclosure Statement #3 , Civil Cover Sheet (CV-71) #2 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #6 , Complaint - (Discovery) served on August 27, 2021. (Walker, John) |
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Filing 7
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (dd)
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| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Karen L. Stevenson. (ghap) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant The Prudential Insurance Company of America identifying Prudential Financial, Inc. as Corporate Parent. (Walker, John) |
| Filing 2 CIVIL COVER SHEET filed by Defendant The Prudential Insurance Company of America. (Walker, John) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 21GDCV00941 Receipt No: ACACDC-31887141 - Fee: $402, filed by Defendant The Prudential Insurance Company of America. (Attachments: #1 Exhibit A - State Court Summons and Complaint) (Attorney John E Walker added to party The Prudential Insurance Company of America(pty:dft))(Walker, John) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 to 100, The Prudential Insurance Company of America. Jury Demanded., filed by plaintiff Elizabeth Borges. (FILED IN STATE COURT ON 7/19/2021 SUBMITTED ATTACHED A) (ghap) |
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