Voyager Indemnity Insurance Company v. Zalman N., Inc. et al
| Zalman N., Inc. and Zalman T. Nemtzov |
| Voyager Indemnity Insurance Company |
| James Burgess |
| 2:2022cv03010 |
| May 4, 2022 |
| US District Court for the Central District of California |
| Percy Anderson |
| Margo A Rocconi |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| Defendant |
Docket Report
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| Filing 47 ABSTRACT of Judgment issued in favor of plaintiff Voyager Indemnity Insurance Company and against Zalman T. Nemtzov, Zalman N., Inc. in the principal amount of $0, interest in the amount of $0, attorneys fees of $0, costs of $2654.92. RE: Judgment, #44 . (aco) |
| Filing 46 BILL OF COSTS. Costs Taxed in amount of $2654.92 in favor of Plaintiff and against Defendants. RE: APPLICATION to the Clerk to Tax Costs against Defendants Zalman T. Nemtzov, Zalman N., Inc. #45 (de) |
| Filing 45 APPLICATION to the Clerk to Tax Costs against Defendants Zalman T. Nemtzov, Zalman N., Inc. filed by Voyager Indemnity Insurance Company Voyager Indemnity Insurance Company. (Laurence, Patrick) |
| Filing 44 JUDGMENT by Judge Percy Anderson. It is hereby ORDERED, ADJUDGED, AND DECREED: 1. Voyager is entitled to summary judgment on its claim for declaratory relief and that Voyager has no duty to defend or indemnify Zalman for claims arising out of or related to Los Angeles Superior Court Case No. 20STCV17331; and 2. Zalman's Counterclaim against Voyager is dismissed with prejudice; and 3. Voyager shall recover from Zalman its costs of suit. (See document for further details). RE: MINUTES IN CHAMBERS COURT ORDER #43 (MD JS-6, Case Terminated). (aco) |
Filing 43
MINUTES IN CHAMBERS COURT ORDER by Judge Percy Anderson. For all of the foregoing reasons, the Court concludes that Zalman is not an additional insured under the insurance policy Voyager issued to MRB. As a result, Voyager is entitled to summary judgment on its claim for declaratory relief. The Court additionally dismisses Zalman's Counterclaim with prejudice. The Court will issue a Judgment consistent with this Minute Order. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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Filing 42
IN CHAMBERS ORDER TAKING MOTION UNDER ADVISEMENT by Judge Percy Anderson. A hearing on the MOTION for Summary Judgment #31 is scheduled for April 10, 2023, at 1:30 p.m. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds this matter appropriate for decision without oral argument. The hearing calendared for April 10, 2023, is vacated and the matter taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kmh) TEXT ONLY ENTRY
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| Filing 41 Objection written objections of Voyager to Evidence offered in Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Voyager's Complaint #31 filed by Plaintiff Voyager Indemnity Insurance Company. (Laurence, Patrick) |
| Filing 40 REPLY NOTICE OF MOTION AND MOTION for Summary Judgment as to Voyager's Complaint #31 filed by Defendants Zalman T. Nemtzov, Zalman N., Inc.. (Attachments: #1 Declaration)(Bojic, Paul) |
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Filing 39
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. Defendant's response to the Rule 37(c)(1) issues raised in Voyager's Reply, which shall not exceed 4 pages, and any necessary supporting evidence, shall be filed by no later than April 3, 2023. Failure to file an adequate response by that date will result in the exclusion of the MBR Subcontract pursuant to Rule 37(c)(1) and the sustaining of Voyager's evidentiary objection to the Court's consideration of the MBR Subcontract. (See document for further details). (aco)
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| Filing 38 STATEMENT of Separate Statement of Additional Facts NOTICE OF MOTION AND MOTION for Summary Judgment as to Voyager's Complaint #31 filed by Plaintiff Voyager Indemnity Insurance Company, Counter Defendant Voyager Indemnity Insurance Company. (Laurence, Patrick) |
| Filing 37 REPLY NOTICE OF MOTION AND MOTION for Summary Judgment as to Voyager's Complaint #31 filed by Plaintiff Voyager Indemnity Insurance Company, Counter Defendant Voyager Indemnity Insurance Company. (Attachments: #1 Declaration of Patrick Laurence ISO Reply, #2 Memorandum ISO of Evidentiary Objections to Oppos. to MSJ)(Attorney Patrick Michael Laurence added to party Voyager Indemnity Insurance Company(pty:cd))(Laurence, Patrick) |
| Filing 36 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Voyager's Complaint #31 filed by Defendants Zalman T. Nemtzov, Zalman N., Inc.. (Attachments: #1 Memorandum, #2 Supplement, #3 Declaration)(Bojic, Paul) |
| Filing 35 NOTICE of Voluntary Dismissal filed by Claimant Zalman T. Nemtzov, Zalman N., Inc.. Dismissal is without prejudice. (Bojic, Paul) |
| Filing 34 EXHIBIT Compendium of Exhibits to NOTICE OF MOTION AND MOTION for Summary Judgment as to Voyager's Complaint #31 filed by Counter Defendant Voyager Indemnity Insurance Company, Plaintiff Voyager Indemnity Insurance Company. (Laurence, Patrick) |
| Filing 33 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to Voyager's Complaint #31 filed by Counter Defendant Voyager Indemnity Insurance Company, Plaintiff Voyager Indemnity Insurance Company. (Laurence, Patrick) |
| Filing 32 STATEMENT of UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW NOTICE OF MOTION AND MOTION for Summary Judgment as to Voyager's Complaint #31 filed by Counter Defendant Voyager Indemnity Insurance Company, Plaintiff Voyager Indemnity Insurance Company. (Laurence, Patrick) |
| Filing 31 NOTICE OF MOTION AND MOTION for Summary Judgment as to Voyager's Complaint filed by Plaintiff and Counter-Defendant Voyager Indemnity Insurance Company. Motion set for hearing on 4/10/2023 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum of P&As ISO MSJ, #2 Declaration of Shane Roberts ISO MSJ, #3 Exhibit to Declaration of Shane Roberts ISO MSJ, #4 Declaration of Patrick Laurence ISO MSJ, #5 Exhibit to Declaration of Patrick Laurence ISO MSJ, #6 Proposed Order) (Attorney Patrick Michael Laurence added to party Voyager Indemnity Insurance Company(pty:cd)) (Laurence, Patrick) |
| Filing 30 Notice of Appearance or Withdrawal of Counsel: for attorney Patrick Michael Laurence counsel for Plaintiff Voyager Indemnity Insurance Company. Adding Patrick M. Laurence as counsel of record for Voyager Indemnity Insurance Company for the reason indicated in the G-123 Notice. Filed by Plaintiff Voyager Indemnity Insurance Company. (Attorney Patrick Michael Laurence added to party Voyager Indemnity Insurance Company(pty:pla))(Laurence, Patrick) |
| Filing 29 NOTICE OF MEDIATION DATE filed. Mediation set for April 13, 2023 at 9:00 a.m..(Burgess, James) |
| Filing 28 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) James Burgess has been assigned to serve as Panel Mediator. (lst) |
| Filing 27 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that James Burgess may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Voyager Indemnity Insurance Company(Walrath, Isaac) |
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Filing 26
CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson. 1. Establishing a Discovery Cut-off Date of April 3, 2023. 2. Setting Motion Cut-off date of April 10, 2023. 3. Setting Final Pretrial Conference for May 19, 2023, at 1:30 p.m. 4. Setting Court Trial Date of June 13, 2023, at 9:00 a.m. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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Filing 25
ORDER/REFERRAL to ADR Procedure No 2 by Judge Percy Anderson. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 4/17/2023. If the parties have not selected and obtained the consent of a Panel Mediator within twenty-one (21) days, the ADR Program will assign one. (jp)
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| Filing 24 MINUTE - IN CHAMBERS by Judge Percy Anderson: The Court has received the parties' joint 26(f) report and finds that a scheduling conference is not necessary. Dates set by the Court in this action are listed in the "Schedule ofTrial and Pretrial Dates" attached to this order. The dates set by the Court are firm dates. The scheduling conference currently on calendar for 10/17/2022 at 10:30 a.m. is hereby vacated, and the matter taken off calendar. (See attachment Civil Minutes for further information). (jp) |
| Filing 23 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-3 days, filed by Plaintiff Voyager Indemnity Insurance Company.. (Walrath, Isaac) |
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Filing 22
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. The hearing calendared for September 12, 2022, is vacated, and the matter taken off calendar. The Court therefore denies the Motion as moot.; denying #16 MOTION for Enlargement of Time to File. (See document for further details). (aco)
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| Filing 21 ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #19 , First COUNTERCLAIM against Voyager Indemnity Insurance Company filed by Counter-Defendant Voyager Indemnity Insurance Company.(Roberto, Christina) |
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Filing 20
ORDER SCHEDULING MEETING OFCOUNSEL [FRCP 16, 26(f)] by Judge Percy Anderson: ( Scheduling Conference set for 10/17/2022 at 10:30 AM before Judge Percy Anderson.) (et)
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| Filing 19 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND , COUNTERCLAIM against Voyager Indemnity Insurance Company filed by Defendant Zalman N., Inc., Zalman T. Nemtzov.(Attorney Paul D Bojic added to party Zalman T. Nemtzov(pty:dft), Attorney Paul D Bojic added to party Zalman N., Inc.(pty:dft))(Bojic, Paul) |
| Filing 18 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Voyager Indemnity Insurance Company, upon Defendant Zalman T. Nemtzov acknowledgment sent by Plaintiff on 8/2/2022, answer due 8/23/2022. Acknowledgment of Service signed by Paul D. Bojic, Attorney. (Walrath, Isaac) |
| Filing 17 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Voyager Indemnity Insurance Company, upon Defendant Zalman N., Inc. acknowledgment sent by Plaintiff on 8/3/2022, answer due 8/24/2022. Acknowledgment of Service signed by Paul D. Bojic, Attorney. (Walrath, Isaac) |
| Filing 16 NOTICE OF MOTION AND MOTION for Enlargement of Time to File Proof of Service of Summons and Complaint filed by Plaintiff Voyager Indemnity Insurance Company. Motion set for hearing on 9/12/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Christina Roberto, #2 Declaration of Isaac Walrath, #3 Exhibits 1-6, #4 Proposed Order) (Walrath, Isaac) |
| Filing 15 Notice of Appearance or Withdrawal of Counsel: for attorney Isaac Walrath counsel for Plaintiff Voyager Indemnity Insurance Company. Adding Isaac Walrath as counsel of record for Plaintiff Voyager Indemnity Insurance Company for the reason indicated in the G-123 Notice. Filed by Plaintiff Voyager Indemnity Insurance Company. (Attorney Isaac Walrath added to party Voyager Indemnity Insurance Company(pty:pla))(Walrath, Isaac) |
| Filing 14 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Zalman T. Nemtzov. (aco) |
| Filing 13 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Zalman N., Inc. (aco) |
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Filing 12
STANDING ORDER by Judge Percy Anderson. 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 Percy Anderson. Both the Court and the attorneys bear responsibility for the progress of litigation in the Federal Courts. To secure the just, speedy, and inexpensive determination of every action, Fed. R. Civ. P. 1, all counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. [SEE DOCUMENT FOR FURTHER DETAILS]. (aco)
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| Filing 11 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Voyager Indemnity Insurance Company. (Roberto, Christina) |
| Filing 10 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Voyager Indemnity Insurance Company. (Roberto, Christina) |
| Filing 9 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #5 , Summons Request #4 . The following error(s) was found: The name and address of the attorney for plaintiff(s)must be entered in the appropriate field. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lh) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Margo A. Rocconi. (lh) |
| Filing 5 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Corporate Disclosure Statement #3 , Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Voyager Indemnity Insurance Company. (Roberto, Christina) |
| Filing 4 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Corporate Disclosure Statement #3 , Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Voyager Indemnity Insurance Company. (Roberto, Christina) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Voyager Indemnity Insurance Company identifying Assurant, Inc. as Corporate Parent. (Roberto, Christina) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Voyager Indemnity Insurance Company. (Roberto, Christina) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33242340 - Fee: $402, filed by Plaintiff Voyager Indemnity Insurance Company. (Attachments: #1 Exhibit A) (Attorney Christina Roberto added to party Voyager Indemnity Insurance Company(pty:pla))(Roberto, Christina) |
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