Certain Underwriters at Lloyds London v. Holy Family Childrens Care, Inc. et al
| CERTAIN UNDERWRITERS AT LLOYDS LONDON |
| HOLY FAMILY CHILDRENS CARE, INC. doing business as ST. PHILOMENA CARE HOMES I & II, Gerardo Pascual, EVELYN PASCUAL, Holy Family Childrens Care, Inc. doing business as Holy Family Childres Care, Inc., Does 1-100 and Holy Family Childrens Care, Inc. doing business as ST. Philomena Care Homes I and II |
| 2:2022cv02774 |
| April 26, 2022 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Josephine L Staton |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Defendant |
Docket Report
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Filing 49
ORDER APPROVING Parties' Stipulation to Continue Current Deadlines by Approximately Six Months (Doc. #46 ) by Judge Josephine L. Staton, Last Day to File a Motion to Add Parties or Amend Pleadings: 4/21/2023. Fact Discovery Cutoff: 9/1/2023. Last Day to File Motions (Excluding Daubert Motions and all other Motions in Limine): 9/15/2023. Last Day to Serve Initial Expert Reports: 9/15/2023. Last Day to Serve Rebuttal Expert Reports: 10/13/2023. Expert Discovery Cutoff: 11/10/2023. Last Day to Conduct Settlement Proceedings: 11/1/2023. Last Day to File Other Motions in Limine (Excluding Daubert Motions): 4/5/2024. Final Pretrial Conference set for 5/31/2024 at 10:30 AM. (See document for further information). (jp)
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| Filing 48 DECLARATION of Travis Wall re Stipulation for Hearing,, Stipulation for Extension of Time to File, #46 filed by Plaintiff Certain Underwriters at Lloyds London, Counter Defendant Certain Underwriters at Lloyds London. (Attachments: #1 Exhibit 1 - Judgment)(Wall, Travis) |
| Filing 47 NOTICE OF LIEN filed by Non Party Irene Melendez. (Attachments: #1 Exhibit Exhibit 1)(Aynechi, Hesamedin) |
| Filing 46 STIPULATION for Hearing, STIPULATION for Extension of Time to File All Deadlines filed by Defendants and CounterClaimants Holy Family Childrens Care, Inc., Evelyn Pascual, Gerardo Pascual. (Attachments: #1 Proposed Order Proposed Order to Extend Deadlines)(Cohen, Michael) |
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Filing 45
ORDER/REFERRAL to ADR Procedure No 3 by Judge Josephine L. Staton. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 5/5/2023. (hc)
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| Filing 44 CIVIL TRIAL ORDER for cases assigned to Judge Josephine L. Staton. (hc) |
| Filing 43 ANSWER to Amended Complaint/Petition, #32 JURY DEMAND. filed by Defendants and CounterClaimants Holy Family Childrens Care, Inc., Evelyn Pascual.(Cohen, Michael) |
| Filing 42 Notice NOTICE OF DEFENDANTS-COUNTERCLAIM PLAINTIFFS DISMISSAL OF CERTAIN CLAIMS PURSUANT TO FED. R. CIV. P. 41(a)(1) filed by Defendants and CounterClaimants Holy Family Childrens Care, Inc., Evelyn Pascual, Gerardo Pascual. (Cohen, Michael) |
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Filing 41
ORDER APPROVING THE PARTIES STIPULATION TO EXTEND THE DEADLINE TO FILE RESPONSES TO AMENDED PLEADINGS #38 by Judge Josephine L. Staton. Having considered the parties Stipulation to Continue the Deadline to File Answers Or Other Responsive Pleadings to the Amended Complaint and to the First Amended Counterclaim from Tuesday November 15, 2022, to Tuesday, November 22, 2022 Doc. 38), the Court hereby APPROVES the Stipulation. THEREFORE, IT IS ORDERED that the new deadline for the parties to file their answers or other responsive pleadings to the Amended Complaint (Doc. 32) and to the First Amended Counterclaim (Doc. 33) is extended seven days, from November 15, 2022 to November 22, 2022. IT IS SO ORDERED. (rolm)
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| Filing 40 ANSWER to Amended Counterclaim, #33 filed by Counter-Defendant Certain Underwriters at Lloyds London.(Wall, Travis) |
| Filing 39 NOTICE OF DISMISSAL filed by Plaintiff Certain Underwriters at Lloyds London pursuant to FRCP 41a(1) as to Gerardo Pascual. (Wall, Travis) |
| Filing 38 First STIPULATION for Extension of Time to File Responsive Pleading to Amended Complaint filed by Defendants and CounterClaimants Holy Family Childrens Care, Inc., Evelyn Pascual, Gerardo Pascual. (Attachments: #1 Proposed Order)(Cohen, Michael) |
| Filing 37 STIPULATION Extending Time to Answer the complaint as to Holy Family Childrens Care, Inc. answer now due 11/22/2022; Evelyn Pascual answer now due 11/22/2022; Gerardo Pascual answer now due 11/22/2022, re Amended Counterclaim, #33 , First STIPULATION for Extension of Time to Amend Amended Counterclaim, #33 filed by Defendants and CounterClaimants Holy Family Childrens Care, Inc.; Evelyn Pascual; Gerardo Pascual. (Attachments: #1 Proposed Order)(Cohen, Michael) |
| Filing 36 Notice of Appearance or Withdrawal of Counsel: for attorney Oscar Antonio Alvarez counsel for Plaintiff Certain Underwriters at Lloyds London, Counter Defendant Certain Underwriters at Lloyds London. Adding Oscar Alvarez as counsel of record for Certain Underwriters at Lloyd's London for the reason indicated in the G-123 Notice. Filed by Plaintiff Certain Underwriters and Lloyd's London. (Attorney Oscar Antonio Alvarez added to party Certain Underwriters at Lloyds London(pty:pla), Attorney Oscar Antonio Alvarez added to party Certain Underwriters at Lloyds London(pty:cd))(Alvarez, Oscar Antonio) |
| Filing 35 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance, #34 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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 34 NOTICE of Appearance filed by attorney Travis R Wall on behalf of Plaintiff Certain Underwriters at Lloyds London, Counter Defendant Certain Underwriters at Lloyds London (Attorney Travis R Wall added to party Certain Underwriters at Lloyds London(pty:pla), Attorney Travis R Wall added to party Certain Underwriters at Lloyds London(pty:cd))(Wall, Travis) |
| Filing 33 First AMENDED COUNTERCLAIM against Plaintiff Gerardo Pascual amending Complaint (Attorney Civil Case Opening), #1 , Amended Complaint/Petition, #32 , Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #21 ; JURY DEMAND, filed by Defendants and CounterClaimants Holy Family Childrens Care, Inc. (Attachments: #1 Exhibit Exhibits 1-3)(Cohen, Michael) |
| Filing 32 First AMENDED COMPLAINT against Defendant All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by plaintiff Certain Underwriters at Lloyds London (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Sheth, Nicole) |
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Filing 31
ORDER APPROVING Joint Stipulation to Amend Pleadings (Doc. #30 ) by Judge Josephine L. Staton. See document for further information. (jp)
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| Filing 30 Joint STIPULATION for Leave to File Amended Pleadings filed by Plaintiff Certain Underwriters at Lloyds London. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order)(Sheth, Nicole) |
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Filing 29
MINUTES (In Chambers) SCHEDULING ORDER by Judge Josephine L. Staton: On the Court's own motion, the Scheduling Conference set for hearing 8/26/2022, is VACATED and the following schedule is set. Last Day to File a Motion to Add Parties or Amend Pleadings: 10/21/2022. Fact Discovery Cutoff: 3/3/2023. Last Day to File Motions (Excluding Daubert Motions and all other Motions in Limine): 3/17/2023. Last Day to Serve Initial Expert Reports: 3/17/2023. Last Day to Serve Rebuttal Expert Reports: 4/14/2023. Expert Discovery Cutoff: 5/12/2023. Last Day to Conduct Settlement Proceedings: 5/5/2023. Last Day to File Other Motions in Limine (Excluding Daubert Motions): 10/6/2023. Final Pretrial Conference set for 11/17/2023 at 10:30 AM. (See document for further information). (jp)
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| Filing 28 JOINT REPORT Rule 26(f) Discovery Plan REPORT ; estimated length of trial 5, filed by Plaintiff Certain Underwriters at Lloyds London.. (Sheth, Nicole) |
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Filing 27
ORDER by Judge Josephine L. Staton granting #25 Non-Resident Attorney Matthew M Collibee APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Certain Underwriters at Lloyds London, designating Nicole Sheth as local counsel. (jp)
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| Filing 26 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: First APPLICATION of Non-Resident Attorney Matthew M. Collibee to Appear Pro Hac Vice on behalf of Plaintiff Certain Underwriters at Lloyds London (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33673582) #25 . The following error(s) was/were found: Hearing date set, but no hearing required. Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) |
| Filing 25 First APPLICATION of Non-Resident Attorney Matthew M. Collibee to Appear Pro Hac Vice on behalf of Plaintiff Certain Underwriters at Lloyds London (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33673582) filed by Plaintiff Certain Underwriters at Lloyds London. Application set for hearing on 7/27/2022 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Proposed Order) (Sheth, Nicole) |
| Filing 24 RESPONSE filed by Plaintiff Certain Underwriters at Lloyds Londonto Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #21 for Declaratory Judgment (Sheth, Nicole) |
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Filing 23
ORDER GRANTING Stipulation to Allow Defendants Two Additional Two Weeks to Respond to Certain Underwriters' Original Complaint #19 by Judge Josephine L. Staton. (See document for further information). (jp)
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Filing 22
ORDER SETTING SCHEDULING ORDER by Judge Josephine L. Staton. A Scheduling Conference is set for Friday August 26, 2022 at 10:30 a.m.See attached Order for details. (kmh)
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| Filing 21 ANSWER to Complaint (Attorney Civil Case Opening), #1 Gerardo Pascual, Evelyn Pascual & Holy Family Childrens Care, Inc., First COUNTERCLAIM against Certain Underwriters at Lloyds London filed by Defendants Gerardo Pascual, Holy Family Childrens Care, Inc., Evelyn Pascual.(Cohen, Michael) |
| Filing 20 [[PROPOSED] ORDER APPROVING STIPULATION TO ALLOW DEFENDANTS TWO ADDITIONAL TWO WEEKS TO RESPOND TO CERTAIN UNDERWRITERS ORIGINAL COMPLAINT filed as] STIPULATION for Order to approve Stipulation to extend time to file Answer for 2 weeks filed by Defendants Holy Family Childrens Care, Inc., Evelyn Pascual, Gerardo Pascual.(Cohen, Michael) Modified on 6/23/2022 (lom). |
| Filing 19 Second STIPULATION Extending Time to Answer the complaint as to Gerardo Pascual answer now due 7/6/2022; Holy Family Childrens Care, Inc. answer now due 7/6/2022; Evelyn Pascual answer now due 7/6/2022, filed by Defendants Gerardo Pascual; Holy Family Childrens Care, Inc.; Evelyn Pascual.(Attorney Michael L Cohen added to party Holy Family Childrens Care, Inc.(pty:dft), Attorney Michael L Cohen added to party Evelyn Pascual(pty:dft), Attorney Michael L Cohen added to party Gerardo Pascual(pty:dft))(Cohen, Michael) |
| Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation Extending Time to Answer (30 days or less) #16 . The following error(s) was/were found: (1) Incorrect District Judge's initial on the document; (2) Stipulation not signed by all parties in this case. 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. (jp) |
| Filing 17 RESPONSE filed by Plaintiff Certain Underwriters at Lloyds Londonto Order to Show Cause, #13 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Sheth, Nicole) |
| Filing 16 STIPULATION Extending Time to Answer the complaint as to Holy Family Childrens Care, Inc. answer now due 6/22/2022, filed by Plaintiff Certain Underwriters at Lloyds London.(Sheth, Nicole) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Certain Underwriters at Lloyds London, upon Defendant Gerardo Pascual served on 6/3/2022, answer due 6/24/2022. Service of the Summons and Complaint were executed upon Cynthia Avecilla, Caregiver in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Sheth, Nicole) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Certain Underwriters at Lloyds London, upon Defendant Evelyn Pascual served on 6/3/2022, answer due 6/24/2022. Service of the Summons and Complaint were executed upon Cynthia Avecilla, Caregiver in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Sheth, Nicole) |
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Filing 13
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE Re Dismissal for Lack of Prosecution by Judge Josephine L. Staton: The Court, on its own motion, hereby ORDERS plaintiff, to show cause in writing no later than 6/10/2022, why this action should not be dismissed for lack of prosecution. (See document for further information). (jp)
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| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (30 day) #11 . The following error(s) was/were found: (1) Incorrect event selected. Correct event to be used is: Service of Summons and Complaint Returned Executed (21 days) - under Category - Service/Waivers of Summons and Complaints. (2) Service of Summons and Complaint Returned Executed (30 day) event utilized in docketing this filing. Please use the SEARCH feature on the CM/ECF Menu Bar if you are unsure of the events to use. (3) Other error(s) with document(s): Service of Summons and Complaint Returned Executed (30 day) is ONLY apply for Freedom of Information Act. 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. (jp) |
| Filing 11 PROOF OF SERVICE Executed Certain Underwriters at Lloyds London, upon Defendant Holy Family Childrens Care, Inc. served on 5/2/2022, answer due 6/1/2022. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. Executed upon the officer agency or corporation by delivering a copy to Holy Family Children's Care, Inc. dba St. Philomena Care Homes i & II, a California Corporation. Service was executed in compliance with California Code of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Sheth, Nicole) |
| Filing 10 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON upon filing of the complaint. (droj) |
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Filing 9
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Christina A. Snyder to Judge Josephine L. Staton for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-02774 JLS(PLAx). (rn)
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Holy Family Childrens Care, Inc., Evelyn Pascual, Gerardo Pascual. (ghap) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Paul L. Abrams. (ghap) |
| Filing 4 Certification And Notice Of Interested Parties CERTIFICATE of Interested Parties filed by Plaintiff All Plaintiffs, identifying HOLY FAMILY CHILDREN'S CARE, INC. DBA ST. PHILOMENA CARE HOMES I & II; GERARDO PASCUAL; EVELYN PASCUAL. (Sheth, Nicole) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff CERTAIN UNDERWRITERS AT LLOYDS LONDON. (Sheth, Nicole) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff CERTAIN UNDERWRITERS AT LLOYDS LONDON. (Sheth, Nicole) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33194956 - Fee: $402, filed by Plaintiff CERTAIN UNDERWRITERS AT LLOYDS LONDON. (Attachments: #1 Exhibit Exhibits A & B) (Attorney Nicole Sheth added to party CERTAIN UNDERWRITERS AT LLOYDS LONDON(pty:pla))(Sheth, Nicole) |
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