New York Marine and General Insurance Company v. Amber Heard
| New York Marine and General Insurance Company, a New York Corporation and New York Marine and General Insurance Company |
| Amber Heard |
| Travelers Commercial Insurance Company |
| 2:2022cv04685 |
| July 8, 2022 |
| US District Court for the Central District of California |
| Patricia Donahue |
| George H Wu |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 46 MINUTES IN CHAMBERS - TENTATIVE RULING ON PLAINTIFF AND COUNTERDEFENDANT NEW YORK MARINE AND GENERAL INSURANCE COMPANY'S MOTION TO (1) DISMISS HEARD'S COUNTERCLAIM PURSUANT TO RULE 12(b)(6), OR (2) ALTERNATIVELY, FOR A MORE DEFINITE STATEMENT PURSUANT TO RULE 12(e), AND (3) TO STRIKE CERTAIN ALLEGATIONS PURSUANT TO RULE 12(f) #42 by Judge George H. Wu. Attached hereto is the Court's Tentative Ruling on Plaintiff/Counter-Defendants Motion #42 set for hearing on March 13, 2023 at 8:30 a.m. (aco) |
| Filing 45 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Due to the expiration of the CARES ACT in the Central District of California, the Motion Hearing #42 , set for Monday, March 13, 2023 at 8:30 a.m. will be held in-person and not by telephone. Masks are required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 44 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss (1) Heard's Amended Counterclaim pursuant to Rule 12(b)(6), or (2) Alternatively, for a More Definite Statement Pursuant to Rule 12(e), and (3) to Strike Certain Allegations Pursuant to Rule 12(f) #42 filed by Counter Defendant New York Marine and General Insurance Company, Plaintiff New York Marine and General Insurance Company. (Attachments: #1 Supplemental Request for Judicial Notice)(Wagoner, James) |
| Filing 43 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss (1) Heard's Amended Counterclaim pursuant to Rule 12(b)(6), or (2) Alternatively, for a More Definite Statement Pursuant to Rule 12(e), and (3) to Strike Certain Allegations Pursuant to Rule 12(f) #42 filed by Counter Claimant Amber Heard, Defendant Amber Heard. (Attorney Kayla Robinson added to party Amber Heard(pty:cc))(Robinson, Kayla) |
| Filing 42 NOTICE OF MOTION AND MOTION to Dismiss (1) Heard's Amended Counterclaim pursuant to Rule 12(b)(6), or (2) Alternatively, for a More Definite Statement Pursuant to Rule 12(e), and (3) to Strike Certain Allegations Pursuant to Rule 12(f) filed by Plaintiff and Counter-Defendant New York Marine and General Insurance Company(a New York Corporation ). Motion set for hearing on 3/13/2023 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of James P. Wagoner, #3 Request for Judicial Notice, #4 Proposed Order) (Wagoner, James) |
Filing 41
ORDER GRANTING STIPULATION TO EXTEND TIME FOR NEW YORK MARINE AND GENERAL INSURANCE COMPANY TO RESPOND TO HEARD'S AMENDED COUNTERCLAIM by Judge George H. Wu. IT IS HEREBY ORDERED that: Plaintiff and Counter-defendant New York Marine and General Insurance Company ("NY Marine") shall have a four (4) day extension of time to file its response to the Amended Counterclaim filed by Defendant and Counterclaimant Amber Heard. New York Marine's response to the Counterclaim shall now be due on or before February 10, 2023. RE: Stipulation for Extension of Time to File Response/Reply, #40 . (aco)
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| Filing 40 Joint STIPULATION for Extension of Time to File Response to Amended Counterclaim as to Answer to Counterclaim,, Answer to Complaint (Attorney Civil Case Opening),,,,, #36 filed by Plaintiff New York Marine and General Insurance Company. (Attachments: #1 Proposed Order)(Wagoner, James) |
| Filing 39 MINUTES OF TELEPHONIC SCHEDULING CONFERENCE held before Judge George H. Wu. Court and counsel confer. For reasons stated on the record, the stay in this matter is lifted and the following dates are set: A post-mediation status conference is set for August 3, 2023, with mediation to be completed by July 31. The pre-trial conference will be held on November 30, 2023 at 8:30 a.m. Jury trial will begin on December 12, 2023 at 9:00 a.m. (SEE DOCUMENT FOR ADDITIONAL DEADLINES). Court Reporter: Terri A. Hourigan. (aco) |
| Filing 38 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Monday's 01/23/2023 scheduling conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 37 JOINT SCHEDULING REPORT (Wagoner, James) |
| Filing 36 Amended and Supplemental ANSWER to Amended Complaint/Petition, #5 with JURY DEMAND , ANSWER to Amended Complaint/Petition, #5 with JURY DEMAND , COUNTERCLAIM against New York Marine and General Insurance Company, COUNTERCLAIM against New York Marine and General Insurance Company filed by Defendant and Counter-Claimant Amber Heard.(Pasich, Kirk) |
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Filing 35
ORDER GRANTING STIPULATION TO EXTEND TIME FOR NEW YORK MARINE AND GENERAL INSURANCE COMPANY TO RESPOND TO COUNTERCLAIM #34 by Judge George H. Wu. Plaintiff and Counter-defendant New York Marine and General Insurance Company (NY Marine) shall have a thirty-two (32) day extension of time to file its response to the Counterclaim filed by Defendant and Counterclaimant Amber Heard. New York Marines response to the Counterclaim shall now be due on or before January 13, 2023. IT IS SO ORDERED (rolm)
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| Filing 34 Joint STIPULATION for Extension of Time to File Answer to January 13, 2023 re Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #29 filed by Plaintiff New York Marine and General Insurance Company. (Attachments: #1 Proposed Order)(Rasmussen, Nicholas) |
| Filing 33 MINUTES OF TELEPHONIC SCHEDULING CONFERENCE held before Judge George H. Wu. Court and counsel confer. Defendant is allowed to file a motion re subject matter jurisdiction by January 5, 2023 and a motion for judgment on the pleadings and/or stay by January 13, 2023. The scheduling conference is continued to January 23, 2023 at 8:30 a.m. The parties are to file a joint status report by noon on January 18, 2023. The matter is stayed except as to discovery regarding jurisdiction until January 23, 2023. Court Reporter: Maria Bustillos. (aco) |
| Filing 32 JOINT SCHEDULING REPORT filed by Plaintiff New York Marine and General Insurance Company, Counter Defendant New York Marine and General Insurance Company. (Wagoner, James) |
| Filing 31 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Thursday's 12/01/2022 scheduling conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 30 NOTICE of Interested Parties filed by Defendant and Counter Claimant Amber Heard, identifying New York Marine and General Insurance Company; Amber Heard; Travelers Commercial Insurance Company. (Pasich, Kirk) |
| Filing 29 ANSWER to Amended Complaint/Petition, #5 with JURY DEMAND , COUNTERCLAIM against New York Marine and General Insurance Company filed by Defendant and Counter Claimant Amber Heard.(Attorney Kirk A. Pasich added to party Amber Heard(pty:dft))(Pasich, Kirk) |
| Filing 28 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The November 21, 2022 scheduling conference is continued to December 1, 2022 at 8:30 a.m. The parties are to file a joint status report by November 29, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 27 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Monday's 11/21/2022 status conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 26 SCHEDULING NOTICE by Magistrate Judge Patricia Donahue - The informal discovery conference previously set for Monday, November 14, 2022 at 1:00 PM, is taken off calendar. Parties have informed the Court that they have resolved their dispute and will not need a conference with Judge Donahue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (im) TEXT ONLY ENTRY |
| Filing 25 AMENDED MINUTES IN CHAMBERS-ORDER held before Judge George H. Wu. The Court has received the stipulation and request for extension of time for Defendant Heard to respond to the first amended complaint in New York Marine and General Insurance v. Heard, CV-22- 4685, ECF No. 23. The Court grants said request and Defendant Heard is given until November 21, 2022, to file her response. Previously, Case No. 22-4685 had been consolidated for pre-trial purposes with Travelers Commercial Insurance Company v. New York Marine and General Insurance, CV-21-5832, and a scheduling conference had been set for the consolidated matter on November 3, 2022. In light of the Court's granting Defendant Heard's request for additional time to file a response to the amended complaint, the November 3 scheduling conference is continued to November 21, 2022 at 8:30 a.m. If Defendant Heard files a motion to dismiss, the parties may stipulate to continue the November 21 scheduling conference to the date when the motion to dismiss will be heard. RE: MINUTES IN CHAMBERS-ORDER #24 . (aco) |
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Filing 24
MINUTES IN CHAMBERS-ORDER by Judge George H. Wu. The Court has received the stipulation and request for extension of time for Defendant Heard to respond to the first amended complaint in New York Marine and General Insurance v. Heard, CV-22- 4685, ECF No. 23. The Court grants said request and Defendant Heard is given until November 21, 2022, to file her response. Previously, Case No. 22-4685 had been consolidated for pre-trial purposes with Travelers Commercial Insurance Company v. New York Marine and General Insurance, CV-21-5832, and a scheduling conference had been set for the consolidated matter on November 3, 2022. In light of the Court's granting Defendant Heard's request for additional time to file a response to the amended complaint, the November 3 scheduling conference is continued to November 21, 2022 at 8:30 a.m. If Defendant Heard files a motion to dismiss, the parties may stipulate to continue the November 27 scheduling conference to the date when the motion to dismiss will be heard. RE: Stipulation Extending Time to Answer (30 days or less), #23 . (aco)
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| Filing 23 STIPULATION Extending Time to Answer the complaint as to Amber Heard answer now due 11/21/2022, re Amended Complaint/Petition, #5 filed by Defendant Amber Heard. (Attachments: #1 Proposed Order)(Attorney Kayla Robinson added to party Amber Heard(pty:dft))(Robinson, Kayla) |
| Filing 22 MINUTES OF PLAINTIFF TRAVELERS COMMERCIAL INSURANCE COMPANY'S MOTION TO CONSOLIDATE THIS ACTION FILED BY TRAVELERS WITH ACTION FILED BY DEFENDANT NEW YORK MARINE AND GENERAL INSURANCE COMPANY AGAINST INSURED #14 Hearing held before Judge George H. Wu. The Court's Tentative Ruling on Plaintiff's Motion in CV 21-5832-GW-PDx was issued on October 18, 2022 75 . Court and counsel confer. Based on the Tentative Ruling, and for reasons stated on the record, Plaintiff's Motion is granted and this case is consolidated with Travelers Commercial Insurance Company v. New York Marine and General Insurance Company, No. 2:21-cv-05832-GW-PDx for pretrial purposes only. The Court sets a scheduling conference for November 3, 2022 at 8:30 a.m., with a joint scheduling report by noon on October 31, 2022.; granting #14 MOTION to Consolidate Cases. Court Reporter: Maria Bustillos. (aco) |
| Filing 21 DECLARATION of Kayla Robinson in connection with NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 2:21-cv-5832-GW (PDx), #14 filed by Movant Travelers Commercial Insurance Company. (Attachments: #1 Declaration of Kayla Robinson)(Peterson, Mark) |
| Filing 20 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Due to the expiration of the CARES ACT in the Central District of California, the Motion Hearing #14 , set for October 20, 2022 at 8:30 a.m. will now be held in-person and not by telephone. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 19 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The Court, on its own motion, CONTINUES the MOTION HEARING #14 previously scheduled for 10/17/2022 to 10/20/2022 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 18 REPLY in support of NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 2:21-cv-5832-GW (PDx), #14 filed by Movant Travelers Commercial Insurance Company. (Attachments: #1 Declaration of Mark D. Peterson ISO Reply of Plaintiff Travelers Commercial Insurance Company on Motion to Consolidate)(Peterson, Mark) |
| Filing 17 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff New York Marine and General Insurance Company, upon Defendant Amber Heard acknowledgment sent by Plaintiff on 8/31/2022, answer due 9/21/2022. Acknowledgment of Service signed by Kirk Pasich, Counsel for Defendant Amber Heard. (Wagoner, James) |
| Filing 16 Amended Proof of Service re: Response in Opposition to Motion, #15 (Wagoner, James) |
| Filing 15 OPPOSITION to NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 2:21-cv-5832-GW (PDx), #14 filed by Plaintiff New York Marine and General Insurance Company. (Attachments: #1 Declaration of James P. Wagoner, #2 Exhibit A to Declaration)(Wagoner, James) |
| Filing 14 NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 2:21-cv-5832-GW (PDx), Travelers Commercial Insurance Company. Motion set for hearing on 10/17/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Mark D. Peterson, #3 Request for Judicial Notice, #4 Proposed Order Consolidating Cases) (Attorney Mark D Peterson added to party Travelers Commercial Insurance Company(pty:bkmov)) (Peterson, Mark) |
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Filing 13
STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth "Local Rules") 16-1 through 16-15 regarding pre-trial requirements. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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Filing 12
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:21-cv-05832 GW(PDx). Case transferred from Judge Ronald S.W. Lew and Magistrate Judge Gail J. Standish to Judge George H. Wu and Magistrate Judge Patricia Donahue for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-04685 GW(PDx). Signed by Judge George H. Wu (rn)
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| Filing 11 Amended NOTICE of Interested Parties filed by Plaintiff New York Marine and General Insurance Company, identifying Coaction Global, Inc. and Coaction Specialty Insurance Group, Inc. (Wagoner, James) |
| Filing 10 21 DAY Summons Issued re Amended Complaint/Petition, #5 as to Defendant Amber Heard. (car) |
| Filing 9 Request for Clerk to Issue Summons on Amended Complaint/Petition, #5 filed by Plaintiff New York Marine and General Insurance Company. (Wagoner, James) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Ronald S. W. Lew and Magistrate Judge Gail J. Standish. (car) |
| Filing 5 FIRST AMENDED COMPLAINT against Defendant Amber Heard amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff New York Marine and General Insurance Company, a New York Corporation (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Wagoner, James) |
| Filing 4 Plaintiff New York Marine and General Insurance Company's NOTICE of Interested Parties filed by Plaintiff New York Marine and General Insurance Company, a New York Corporation, identifying CoAction Global, Inc. and CoAction Specialty. (Wagoner, James) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff New York Marine and General Insurance Company, a New York Corporation. (Wagoner, James) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff New York Marine and General Insurance Company, a New York Corporation. (Wagoner, James) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33601650 - Fee: $402, filed by Plaintiff New York Marine and General Insurance Company, a New York Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Attorney James P Wagoner added to party New York Marine and General Insurance Company, a New York Corporation(pty:pla))(Wagoner, James) |
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