Cincinnati Insurance Company et al v. Andy Rock F.A.S., LLC et al
| Cincinnati Insurance Company and Springfield Museum of Art |
| Andy Rock F.A.S., LLC, Cadogan Tate, Andy Rock Fine Art Services, LLC, Dietl International, John Doe(s), Cadogan Tate New York Limited and Dietl International Erroneously Sued As Rock-It Cargo USA LLC doing business as Dietl International Services |
| 2:2022cv01770 |
| March 17, 2022 |
| US District Court for the Central District of California |
| Stanley Blumenfeld |
| Patricia Donahue |
| Ronald SW Lew |
| Commerce ICC Rates, Etc. |
| 49 U.S.C. § 81 Damaged Goods While Being Transported |
| None |
Docket Report
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This docket was last retrieved on May 12, 2022. A more recent docket listing may be available from PACER.
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Filing 59
ORDER by Judge Stanley Blumenfeld, Jr: Granting #50 Request to Substitute Attorney. Attorney Kelly E Mulrane terminated. (twdb)
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Filing 58
ORDER by Judge Stanley Blumenfeld, Jr: Granting #56 Request to Substitute Attorney. Attorney Joseph Russel Barton and Erin Rhinehart terminated. (twdb)
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Filing 57
ORDER by Judge Stanley Blumenfeld, Jr: Granting #54 Request to Substitute Attorney. Attorney Kyle Anderson and Christopher R Pettit terminated. (twdb)
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| Filing 56 REQUEST TO SUBSTITUTE ATTORNEY Laura D. Castner in place of attorney Erin E. Rhinehart & Joseph R. Barton filed by defendant Andy Rock F.A.S., LLC. (Attachments: #1 Proposed Order) (Castner, Laura) |
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Filing 55
ORDER SETTING SCHEDULING CONFERENCE by Judge Stanley Blumenfeld, Jr. The Court sets an in-person Mandatory Scheduling Conference set for hearing on June 3, 2022 at 8:30 AM before Judge Stanley Blumenfeld Jr. The parties shall file a Joint Rule 26(f) Report by May 24, 2022. SEE ORDER FOR FURTHER DETAILS. (jgr)
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| Filing 54 REQUEST TO WITHDRAW ATTORNEY Christopher R. Pettit as counsel of record filed by Defendant Cadogan Tate. (Attachments: #1 Proposed Order) (Booth, Hillary) |
| Filing 53 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Stanley Blumenfeld, Jr.: The document (Dkt. No. #51 ) is stricken in accordance with the Notice to Filer of Deficiencies (Dkt. No. #52 ) (jgr) |
| Filing 52 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST TO WITHDRAW ATTORNEY Christopher R. Pettit as counsel of record #51 . The following error(s) was/were found: Unsigned by the retained attorney and a representative of the defendant. 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. (gk) |
| Filing 51 REQUEST TO WITHDRAW ATTORNEY Christopher R. Pettit as counsel of record filed by Defendant Cadogan Tate. (Attachments: #1 Proposed Order) (Booth, Hillary) |
| Filing 50 REQUEST TO WITHDRAW ATTORNEY Kelly E. Mulrane as counsel of record filed by Defendant Dietl International. (Attachments: #1 Proposed Order) (Mulrane, Kelly) |
| Filing 47 Notice of Appearance or Withdrawal of Counsel: for attorney Geoffrey Alan Kraemer counsel for Plaintiffs Cincinnati Insurance Company, Springfield Museum of Art. Adding Geoffrey A. Kraemer as counsel of record for Plaintiffs Cincinnati Insurance Company and Springfield Museum of Art for the reason indicated in the G-123 Notice. Filed by Plaintiff Cincinnati Insurance Company and Springfield Museum of Art. (Attorney Geoffrey Alan Kraemer added to party Cincinnati Insurance Company(pty:pla), Attorney Geoffrey Alan Kraemer added to party Springfield Museum of Art(pty:pla))(Kraemer, Geoffrey) |
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Filing 49
ORDER by Judge Stanley Blumenfeld, Jr.: The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Court's Case Management Order: G-123 filed 4/5/2022 #39 , for the following reasons: See Dkt. No. 43: NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), Dkt. No. 39. (gk)
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Filing 48
ORDER by Judge Stanley Blumenfeld, Jr.: The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Court's Case Management Order: Request for Approval of Substitution or Withdrawal filed 4/6/2022 #44 , Request for Approval of Substitution or Withdrawal filed 4/6/2022 #42 , for the following reasons: Application is not complete. See Dkt. Nos. 45 and 46. (gk)
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| Filing 46 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST TO WITHDRAW ATTORNEY Christopher R. Pettit as counsel of record #44 . The following error(s) was/were found: Unsigned by the new attorney and a representative of the defendant. 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. (gk) |
| Filing 45 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST TO WITHDRAW ATTORNEY Kelly E. Mulrane as counsel of record #42 . The following error(s) was/were found: Unsigned by the retained attorney and a representative of the defendant. 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. (gk) |
| Filing 44 [DOCUMENT STRICKEN PER ORDER ON 4/20/2022, SEE DOCKET NO.48] REQUEST TO WITHDRAW ATTORNEY Christopher R. Pettit as counsel of record filed by Defendant Cadogan Tate. (Attachments: #1 Proposed Order) (Booth, Hillary) Modified on 4/21/2022 (gk). |
| Filing 43 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #39 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Request for Substitution of Attorney. 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. (ak) |
| Filing 42 [DOCUMENT STRICKEN PER ORDER ON 4/20/2022, SEE DOCKET NO.48] REQUEST TO WITHDRAW ATTORNEY Kelly E. Mulrane as counsel of record filed by Defendant Dietl International. (Attachments: #1 Proposed Order) (Mulrane, Kelly) Modified on 4/21/2022 (gk). |
| Filing 41 Notice of Appearance or Withdrawal of Counsel: for attorney Hillary Arrow Booth counsel for Defendant Cadogan Tate. Adding Madison J. Romine as counsel of record for Cadogan Tate New York Limited for the reason indicated in the G-123 Notice. Filed by Defendant Cadogan Tate New York Limited. (Booth, Hillary) |
| Filing 40 Notice of Appearance or Withdrawal of Counsel: for attorney Hillary Arrow Booth counsel for Defendant Cadogan Tate. Adding Hillary Arrow Booth as counsel of record for Cadogan Tate New York Limited for the reason indicated in the G-123 Notice. Filed by Defendant Cadogan Tate New York Limited. (Attorney Hillary Arrow Booth added to party Cadogan Tate(pty:dft))(Booth, Hillary) |
| Filing 39 [DOCUMENT STRICKEN PER ORDER ON 4/20/2022, SEE DOCKET NO.49] Notice of Appearance or Withdrawal of Counsel: for attorney Laura D Castner counsel for Defendant Andy Rock F.A.S., LLC. Erin E. Rinehard and Joseph R. Barton is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant's Counsel Laura D. Castner. (Attachments: #1 Proposed Order on request for approval of withdrawal of attorney)(Castner, Laura) Modified on 4/21/2022 (gk). |
| Filing 38 NOTICE of Appearance filed by attorney Laura D Castner on behalf of Defendant Andy Rock F.A.S., LLC (Attorney Laura D Castner added to party Andy Rock F.A.S., LLC(pty:dft))(Castner, Laura) |
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Filing 37
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Ronald S.W. Lew to Judge Stanley Blumenfeld, Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-01770 SB(PDx). (rn)
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| Filing 36 NOTICE of Appearance filed by attorney Mark P. Estrella on behalf of Defendant Dietl International (Attorney Mark P. Estrella added to party Dietl International(pty:dft))(Estrella, Mark) |
| Filing 35 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kyle Anderson. 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. (lh) |
| Filing 34 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Christopher R Pettit. 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. (lh) |
| Filing 33 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kelly E. Mulrane. 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. (lh) |
| Filing 32 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Joseph Russel Barton. 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. (lh) |
| Filing 31 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Erin Rhinehart. 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. (lh) |
| Filing 30 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Matthew Martin Schmidt. 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. (lh) |
| Filing 29 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 28 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 27 NOTICE OF ASSIGNMENT to District Judge Ronald S. W. Lew and Magistrate Judge Patricia Donahue. (lh) |
| Filing 26 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 3:21-cv-00344-MJN-CHG, from U.S. District Court Southern District of Ohio (Dayton). The above-referenced case has been transferred to this district and assigned the above civil case number 2:22-cv-01770-RSWL (PDx). (lh) |
| Filing 25 ORIGINAL file, certified copy of transfer order and docket sheet received from Ohio Southern |
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Filing 24
ORDER: (1) TRANSFERRING THIS CASE TO THE U.S. DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION; (2) DENYING AS MOOT DEFENDANT DIETL INTERNATIONALS MOTIONS TO DISMISS (DOC. NOS. #8 , #14 ); (3) VACATING ALL FORTHCOMING DEADLINES AND HEARINGS; AND (4) UPON TRANSFER, TERMINATING THIS CASE ON THE DOCKET. Signed by Judge Michael J. Newman on 3/17/22. (pb) [Transferred from Ohio Southern on 3/24/2022.]
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| Case transferred to District of USDC of Central California, Western Division.Case file and docket sheet sent Electronically. (pb) [Transferred from Ohio Southern on 3/24/2022.] |
| Filing 23 STIPULATION to Transfer Venue by Defendant Dietl International. (Attachments: #1 Text of Proposed Order) (Mulrane, Kelly) [Transferred from Ohio Southern on 3/24/2022.] |
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Filing 22
ORDER TO SHOW CAUSE - Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE, in writing and on or before March 11, 2022, why Defendants motion should not be granted. This Show Cause requirement can be satisfied by Plaintiffs filing of opposition memoranda on or before March 11, 2022. Plaintiffs are ADVISED that failure to show good cause or to file opposition memoranda on or before March 11, 2022 may result in the dismissal of their complaint. IT IS SO ORDERED. Signed by Judge Michael J. Newman on 3/8/2022. (srb) [Transferred from Ohio Southern on 3/24/2022.]
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| Filing 21 Corporate Disclosure Statement by Plaintiff Cincinnati Insurance Company. (Schmidt, Matthew) [Transferred from Ohio Southern on 3/24/2022.] |
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Filing 20
ORDER SETTING A PRELIMINARY PRETRIAL SCHEDULING CONFERENCE - Rule 26(f) Report due by 3/23/2022. Preliminary Pretrial Conference set for 3/30/2022 02:00 PM by Teleconference before Judge Michael J. Newman, to participate, the attorneys for the parties shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to jointhe conference. Signed by Judge Michael J. Newman on 2/16/2022. (srb) [Transferred from Ohio Southern on 3/24/2022.]
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| Filing 19 Corporate Disclosure Statement by Defendant Andy Rock F.A.S., LLC. (Barton, Joseph) [Transferred from Ohio Southern on 3/24/2022.] |
| Filing 18 Affirmative Defenses and ANSWER to #9 Amended Complaint filed by Andy Rock F.A.S., LLC. (Rhinehart, Erin) [Transferred from Ohio Southern on 3/24/2022.] |
| Filing 17 STIPULATION Extension of Time to File Answer by Defendant Andy Rock F.A.S., LLC. (Rhinehart, Erin) [Transferred from Ohio Southern on 3/24/2022.] |
| Filing 16 NOTICE of Appearance by Joseph Russel Barton for Defendant Andy Rock F.A.S., LLC (Barton, Joseph) [Transferred from Ohio Southern on 3/24/2022.] |
| Filing 15 NOTICE of Appearance by Erin Rhinehart for Defendant Andy Rock F.A.S., LLC (Rhinehart, Erin) [Transferred from Ohio Southern on 3/24/2022.] |
| Filing 14 MOTION to Dismiss for Forum Non Conveniens Under Rule 12(b)(6) or, in the alternative, to Transfer Venue Under 28 U.SC. 1404(a) #12 by Defendant Dietl International. (Attachments: #1 Affidavit of Lauren Hartman in Support of Motion) (Mulrane, Kelly) [Transferred from Ohio Southern on 3/24/2022.] |
| Filing 13 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #12 MOTION to Dismiss for Forum Non Conveniens Under Rule 12(b)(6) or, in the alternative, to Transfer Venue Under 28 U.SC. 1404(a) filed by Dietl International and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #12 MOTION to Dismiss for Forum Non Conveniens Under Rule 12(b)(6) or, in the alternative, to Transfer Venue Under 28 U.SC. 1404(a) filed by Dietl International as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 2/11/2022. (srb) [Transferred from Ohio Southern on 3/24/2022.] |
| Filing 12 MOTION to Dismiss for Forum Non Conveniens Under Rule 12(b)(6) or, in the alternative, to Transfer Venue Under 28 U.SC. 1404(a) by Defendant Dietl International. (Attachments: #1 Affidavit of Lauren Hartman in Support of Motion) (Mulrane, Kelly) Modified on 2/10/2022 to terminate motion, counsel will re-file this motion as a text searchable document(srb). [Transferred from Ohio Southern on 3/24/2022.] |
| Filing 11 ANSWER to #9 Amended Complaint filed by Cadogan Tate. (Pettit, Christopher) [Transferred from Ohio Southern on 3/24/2022.] |
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Filing 10
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Caroline H. Gentry for all further proceedings. Magistrate Judge Sharon L. Ovington no longer assigned to case. Signed by Chief Judge Algenon L. Marbley on 2/8/22. (jcw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from Ohio Southern on 3/24/2022.]
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| Filing 9 AMENDED COMPLAINT Plaintiffs First against All Defendants, filed by Cincinnati Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Schmidt, Matthew) [Transferred from Ohio Southern on 3/24/2022.] |
| Filing 8 MOTION to Dismiss for Forum Non Conveniens Under Rule 12(b)(6) or, in the alternative, to Transfer Venue Under 28 U.SC. 1404(a) by Defendant Dietl International. (Attachments: #1 Affidavit of Lauren Hartman) (Mulrane, Kelly) [Transferred from Ohio Southern on 3/24/2022.] |
| Filing 7 ANSWER to #2 Complaint, filed by Cadogan Tate. (Pettit, Christopher) [Transferred from Ohio Southern on 3/24/2022.] |
| Filing 6 Mail Returned as Undeliverable. Mail sent to Mark P. Estrella as to re #3 Notice by Clerk of Southern District of Ohio Pro Hac Vice Rules as to Attorney. (bjr) [Transferred from Ohio Southern on 3/24/2022.] |
| Filing 5 Mail Returned as Undeliverable. Mail sent to Michael S. McDaniel as to re #3 Notice by Clerk of Southern District of Ohio Pro Hac Vice Rules as to Attorney. (bjr) [Transferred from Ohio Southern on 3/24/2022.] |
| Filing 4 STIPULATION to Extend Responsive Pleading Time by Defendant Cadogan Tate New York Limited. (Pettit, Christopher) [Transferred from Ohio Southern on 3/24/2022.] |
| Filing 3 Notice to Counsel by Clerk of Southern District of Ohio of Pro Hac Vice Rules. (bjr) [Transferred from Ohio Southern on 3/24/2022.] |
| Filing 2 COMPLAINT against Andy Rock F.A.S., LLC, Cadogan Tate New York Limited, Dietl International, and John Doe(s), filed by Cincinnati Insurance Company and Springfield Museum of Art. (Attachments: #1 Exhibit A, #2 Exhibit B). Originally filed in the Clark County Common Pleas Court on November 23, 2021, under Case No. 21CV345, filed by Cincinnati Insurance Company and Springfield Museum of Art. (bjr) [Transferred from Ohio Southern on 3/24/2022.] |
| Filing 1 NOTICE OF REMOVAL from Clark County Common Pleas Court, case number 21CV0345 ( Filing fee $ 402 paid - receipt number: AOHSDC-8653523), filed by Cadogan Tate New York Limited. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit A - State Court Complaint and Documents, #4 Exhibit B - Corporate Disclosure Statement) (Pettit, Christopher) (Attachment 4 replaced on 12/29/2021 by filing counsel to correct clerical error) (bjr). Modified on 12/29/2021 (bjr). [Transferred from Ohio Southern on 3/24/2022.] |
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