John Brosnan v. Progressive American Insurance Company et al
| John Brosnan |
| Progressive American Insurance Company, Does 1 to 9, Progressive Casualty Insurance Company and United Financial Casualty Company |
| Miles L. Kavaller |
| 2:2021cv08549 |
| October 28, 2021 |
| US District Court for the Central District of California |
| Fernando L Aenlle-Rocha |
| Jacqueline Chooljian |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 5, 2022. A more recent docket listing may be available from PACER.
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| Filing 37 JUDGMENT by Judge Fernando L. Aenlle-Rocha: The court enters judgment for Defendant United Financial Casualty Company and against Plaintiff John Brosnan Related to: Order on Motion to Dismiss #36 (MD JS-6, Case Terminated). (lc) |
Filing 36
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS #33 by Judge Fernando L. Aenlle-Rocha: The court GRANTS Defendant's Motion to Dismiss without leave to amend and DISMISSES this action with prejudice. Judgment shall be entered in favor of Defendant. (lc)
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Filing 35
TEXT ENTRY (IN CHAMBERS) ORDER TAKING DEFENDANT UNITED FINANCIAL CASUALTY COMPANY'S MOTION TO DISMISS CAUSES OF ACTION (DKT. #33 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the Motion to Dismiss Causes of Action currently scheduled for hearing on June 17, 2022, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 34 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Miles L. Kavaller has been assigned to serve as Panel Mediator. (lst) |
| Filing 33 Second NOTICE OF MOTION AND MOTION to Dismiss Causes of Action filed by Defendant United Financial Casualty Company. Motion set for hearing on 6/17/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Supplement Request for Judicial Notice) (Attorney Edward J Morales added to party United Financial Casualty Company(pty:dft)) (Morales, Edward) |
| Filing 32 SECOND AMENDED COMPLAINT against defendant United Financial Casualty Company; Does 1-9. terminated Party Progressive Casualty Insurance Company; amending First Amended Complaint #10 Jury Demand, filed by plaintiff John Brosnan(lc) |
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Filing 31
ORDER RE: SCHEDULE OF PRETRIAL AND TRIAL DATES, TRIAL REQUIREMENTS, AND CONDUCT OF ATTORNEYS AND PARTIES by Judge Fernando L. Aenlle-Rocha: Final Pretrial Conference set for 3/3/2023 01:00 PM; Jury Trial set for 3/21/2023 08:30 AM ; Motion in Limine set for hearing on 3/3/2023 at 01:00 PM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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Filing 30
ORDER/REFERRAL to ADR Procedure No 2 by Judge Fernando L. Aenlle-Rocha. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 01/27/2023. (tf)
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| Filing 29 (IN CHAMBERS) ORDER by Fernando L. Aenlle-Rocha: The court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the court VACATES the April 15, 2022, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY |
| Filing 28 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 to 9, filed by Defendant Progressive Casualty Insurance Company.. (Morales, Edward) |
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Filing 27
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS by Judge Fernando L. Aenlle-Rocha granting #20 MOTION to Dismiss Case. For the reasons stated above, the First Amended Complaint is DISMISSED with 21 days' leave to amend. If Plaintiff fails to amend and file a Second Amended Complaint within the deadline, this action may be dismissed without further warning. (SEE ORDER FOR FURTHER DETAILS). (aco)
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Filing 26
(IN CHAMBERS) ORDER DIRECTING COUNSEL TO ADHERE TO COURT'S ORDER AND FILE JOINT REPORT by Judge Fernando L. Aenlle-Rocha: On February 2, 2022, the court ordered the parties to file a Joint Report pursuant to Fed. R. Civ. P. 26(f) by March 25, 2022. (Dkt. #21 ). The parties failed to file the Joint Report. Counsel shall file the report no later than April 1, 2022. The Scheduling Conference is continued to April 15, 2022 at 1:00 PM. Counsel are reminded to adhere to the deadlines set by the court. Any future failure to do so may result in the imposition of sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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Filing 25
TEXT ENTRY (IN CHAMBERS) ORDER TAKING DEFENDANT UNITED FINANCIAL CASUALTY COMPANY'S MOTION TO DISMISS AND MOTION TO STRIKE PLAINTIFF'S CLAIM FOR PUNITIVE DAMAGES (DKT. #20 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the Motion to Dismiss and Motion to Strike Plaintiff's Claim for Punitive Damages currently scheduled for hearing on March 25, 2022, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 24 CERTIFICATE of Interested Parties filed by Defendant Progressive Casualty Insurance Company, identifying UNITED FINANCIAL CASUALTY COMPANY esa PROGRESSIVE CASUALTY INSURANCE COMPANY. (Morales, Edward) |
| Filing 23 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Certificate/Notice of Interested Parties #19 by Judge Fernando L. Aenlle-Rocha. The document is stricken and counsel is ordered to file an amended or corrected document by Forthwith. Other: Counsel shall immediately file a Notice of Interested Parties. (lc) |
| Filing 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendant Progressive Casualty Insurance Company's Certificate/Notice of Interested Parties #19 . The following error(s) was/were found: Incorrect document is attached to the docket entry. The pdf document is NOT the certificate of interested party but a copy of the amended notice and Motion ( already filed as no. 20). 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. (lc) |
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Filing 21
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 4/8/2022 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (tf)
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| Filing 20 Amended NOTICE OF MOTION AND MOTION to Dismiss Case PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 9(b) AND 12(b)(6); AND MOTION TO STRIKE PLAINTIFFS CLAIM FOR PUNITIVE DAMAGES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(f) filed by Defendant Progressive Casualty Insurance Company. Motion set for hearing on 3/25/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Morales, Edward) |
| Filing 19 (STRICKEN PER 2/4/2022 COURT'S G112B RESPONSE DOCKET NO. 23). CERTIFICATE of Interested Parties filed by Defendant Progressive Casualty Insurance Company, identifying UNITED FINANCIAL CASUALTY COMPANY esa PROGRESSIVE CASUALTY INSURANCE COMPANY. (Morales, Edward) Modified on 2/4/2022 (lc). |
| Filing 18 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION to Dismiss Case PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 9(b) AND 12(b)(6); MOTION TO STRIKE PLAINTIFFS CLAIM FOR PUNITIVE DAMAGES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(f) #16 by Judge Fernando L. Aenlle-Rocha. The document is stricken and counsel is ordered to file an amended or corrected document. OTHER: Hearing information is missing, incorrect or not timely. The Filer shall refer to this court's Procedures and Schedules. Local Rule 7.1-1 No Notice of Interest Parties and/or no copies Missing LR 6.1 formal Notice of Motion TEXT re hearing date, time, Judge and courtroom, designated Courthouse and its street location. Instead filer has "to be set by the court". (lc) |
| Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:United Financial Casualty Company erroneously sued as Progressive Casualty Insurance Company's NOTICE OF MOTION AND MOTION to Dismiss Case PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 9(b) AND 12(b)(6); MOTION TO STRIKE PLAINTIFFS CLAIM FOR PUNITIVE DAMAGES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(f) #16 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Missing LR 6.1 formal Notice of Motion TEXT re hearing date, time, Judge and courtroom, designated Courthouse and its Street Location information. Instead filer has "to be set by the Court". 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. (lc) |
| Filing 16 (STRICKEN PER 2/1/2022 COURT'S G112B RESPONSE DOCKET NO. 18). NOTICE OF MOTION AND MOTION to Dismiss Case PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 9(b) AND 12(b)(6); MOTION TO STRIKE PLAINTIFFS CLAIM FOR PUNITIVE DAMAGES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(f) filed by Defendant Progressive Casualty Insurance Company. (Attorney Edward J Morales added to party Progressive Casualty Insurance Company(pty:dft)) (Morales, Edward) Modified on 2/1/2022 (lc). |
| Filing 15 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff John Brosnan, upon Defendant Progressive Casualty Insurance Company acknowledgment sent by Plaintiff on 11/19/2021, answer due 12/10/2021. Acknowledgment of Service receipt.(NOT SIGNED) SEE ATTACHED USPS TRACKING DELIVERED to "an agent" on 11/22/21. (lc) |
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Filing 14
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (tf)
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Filing 13
NOTICE OF DISCREPANCY AND ORDER: by Judge Fernando L. Aenlle-Rocha, ORDERING Consent to Proceed Before a United States Magistrate Judge (State/ Federal Habeas Case) submitted by Plaintiff John Brosnan received on 11/9/21 is not to be filed but instead rejected. Denial based on: All Parties must sign/consent to proceed before a United States Magistrate Judge. (lc)
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| Filing 12 21 DAY Summons Issued re FIRST Amended Complaint, #10 as to defendant Progressive Casualty Insurance Company. (lc) |
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Filing 11
ORDER by Judge Fernando L. Aenlle-Rocha: granting #9 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (lc)
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| Filing 10 FIRST AMENDED COMPLAINT against defendant Progressive Casualty Insurance Company, Does 1-9 ; Party Progressive American Insurance Company terminated amending Complaint - (Discovery), #1 Jury Demand filed by plaintiff John Brosnan(lc) Modified on 11/18/2021 (lc). |
| Filing 9 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiff John Brosnan. (lc) |
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Filing 8
ORDER by Judge Fernando L. Aenlle-Rocha: therefore, the following document(s) shall be stricken from the record and shall not be considered by the Court: APPLICATION for Pro Se Litigant to electronically file documents in a specific case is not Signed by the plaintiff #4 . (lc)
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| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Fernando L Aenlle-Rocha and Magistrate Judge Jacqueline Chooljian. (lh) |
| Filing 4 (STRICKEN PER 11/3/2021 ORDER DOCKET NO. 8). APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by Plaintiff John Brosnan. (lh) Modified on 11/3/2021 (lc). |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff John Brosnan, (lh) |
| Filing 2 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Progressive American Insurance Company. (lh) |
| Filing 1 COMPLAINT against Defendants Does, Progressive American Insurance Company. Case assigned to Judge Fernando L. Aenlle-Rocha for all further proceedings. Discovery referred to Magistrate Judge Jacqueline Chooljian.(Filing Fee $402 PAID) Jury Demanded, filed by Plaintiff John Brosnan. (Attachments: #1 Civil Cover Sheet) (lh) |
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