Jason Boutros v. Transamerica Life Insurance Company
| Jason Boutros |
| TRANSAMERICA LIFE INSURANCE COMPANY, an Iowa corporation and Transamerica Life Insurance Company |
| 2:2022cv05724 |
| August 12, 2022 |
| US District Court for the Central District of California |
| Sherilyn Peace Garnett |
| Alka Sagar |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal - Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 45 NOTICE of Change of Attorney Business or Contact Information: for attorney Vivian I. Orlando counsel for Defendant Transamerica Life Insurance Company. Changing Firm Name to MAYNARD NEXSEN LLP. Changing E-mail to VOrlando@maynardnexsen.com. Filed by Defendant Transamerica Life Insurance Company. (Orlando, Vivian) |
Filing 44
PROTECTIVE ORDER by Magistrate Judge Alka Sagar re Stipulation for Protective Order #43 . (see document for details) (hr)
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| Filing 43 STIPULATION for Protective Order filed by Defendant Transamerica Life Insurance Company.(Smelley, Hutson) |
| Filing 42 NOTICE re Order/Referral to ADR (No 1) #41 . COUNSEL OF RECORD ARE HEREBY NOTIFIED, this case has been referred to Magistrate Judge Alka Sagar for settlement proceedings. For scheduling, counsel are directed to contact chambers at AS_Chambers@cacd.uscourts.gov at least four (4) weeks prior to the ADR deadline set by the district judge. The parties are referred to Judge Sagars Procedures and Schedules http://www.cacd.uscourts.gov/honorable-alka-sagar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY |
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Filing 41
ORDER/REFERRAL to ADR Procedure No 1 by Judge Sherilyn Peace Garnett. Case ordered to Magistrate Judge Alka Sagar for Settlement Conference. ADR Proceeding to be held no later than December 22, 2023. Counsel are directed to contact the magistrate judge's courtroom deputy to arrange a date and time for the ADR proceeding. (lom)
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Filing 40
STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT by Judge Sherilyn Peace Garnett. READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom)
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Filing 39
CIVIL PRETRIAL SCHEDULE AND TRIAL ORDER by Judge Sherilyn Peace Garnett. Final Pretrial Conference set for 2/14/2024 03:00 PM; Jury Trial set for 3/5/2024 08:30 AM. SEE ATTACHED SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET for other deadlines. (Attachments: #1 Schedule of Pretrial and Trial Dates Worksheet) (lom)
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Filing 38
(IN CHAMBERS) ORDER by Judge Sherilyn Peace Garnett: 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 March 8, 2023, Scheduling Conference. Trial Order to be issued. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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| Filing 37 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff Jason Boutros.. (Attachments: #1 Exhibit Schedule of Pretrial & Trial Dates Worksheet)(Blakeman, Benjamin) |
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Filing 36
MINUTE ORDER IN CHAMBERS by Judge Sherilyn Peace Garnett. Case previously closed in error. (Case reopened. MD JS-5.) (iv)
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Filing 35
MINUTE ORDER IN CHAMBERS by Judge Sherilyn Peace Garnett. Case should have been closed on entry dated 1/19/23 #32 . (Made JS-6. Case Terminated.) (iv)
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Filing 34
ORDER SETTING SCHEDULING CONFERENCE by Judge Sherilyn Peace Garnett. Rule 26 Meeting Report due by 3/1/2023. Scheduling Conference set for 3/8/2023 at 03:00 PM before Judge Sherilyn Peace Garnett. (pg)
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| Filing 33 ANSWER to Amended Complaint/Petition,, #21 JURY DEMAND. filed by Defendant Transamerica Life Insurance Company.(Smelley, Hutson) |
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Filing 32
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS #22 by Judge Sherilyn Peace Garnett. The Court GRANTS Defendant's Motion to Dismiss Plaintiffs insurance bad faith claim with prejudice. (iv)
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| Filing 31 MINUTES OF DEFENDANT TRANSAMERICA LIFE INSURANCE COMPANY'S MOTION TO DISMISS FIRST AMENDED COMPLAINT #22 ; PLAINTIFFS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO MOTION TO DISMISS #31 held before Judge Sherilyn Peace Garnett. For reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Suzanne McKennon. (iv) |
| Filing 30 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #22 filed by Defendant Transamerica Life Insurance Company. (Smelley, Hutson) |
| Filing 29 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #22 filed by Plaintiff Jason Boutros. (Attachments: #1 Exhibit Excerpts from Journal Article)(Blakeman, Benjamin) |
| Filing 28 NOTICE of Change of address by Hutson B. Smelley attorney for Defendant Transamerica Life Insurance Company. Changing attorneys address to 1001 Fannin Street, Suite 2400, Houston, Texas 77002. Filed by Defendant Transamerica Life Insurance Company. (Smelley, Hutson) |
| Filing 27 NOTICE of Change of address by Jarrett E Ganer attorney for Defendant Transamerica Life Insurance Company. Changing attorneys address to 1001 Fannin Street, Suite 2400, Houston, Texas 77002. Filed by Defendant Transamerica Life Insurance Company. (Ganer, Jarrett) |
| Filing 26 NOTICE of Change of address by Micah A. Grodin attorney for Defendant Transamerica Life Insurance Company. Changing attorneys address to 1001 Fannin Street, Suite 2400, Houston, Texas 77002. Filed by Defendant Transamerica Life Insurance Company. (Grodin, Micah) |
| Filing 25 NOTICE OF MOTION re NOTICE OF MOTION AND MOTION to Dismiss Case #22 filed by Defendant Transamerica Life Insurance Company. Motion set for hearing on 1/11/2023 at 01:30 PM before Judge Sherilyn Peace Garnett. (Smelley, Hutson) |
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Filing 24
NOTICE TO FILER RE DEFICIENCY ORDER By Judge Sherilyn Peace Garnett. Defendant has set the Motion to Dismiss Plaintiffs First Amended Complaint filed at (Dkt. No. 22) on a CLOSED motion date. The Court on its own motion, hereby CONTINUES the Motion hearing date to January 11, 2023 at 1:30 p.m. Defendant is directed to serve Plaintiff with notice of the new hearing date. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Motion to Dismiss #22 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. 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. (iv) |
| Filing 22 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Transamerica Life Insurance Company. Motion set for hearing on 1/4/2023 at 01:30 PM before Judge Sherilyn Peace Garnett. (Attachments: #1 Memorandum, #2 Proposed Order) (Smelley, Hutson) |
| Filing 21 FIRST AMENDED COMPLAINT against DEFENDANT Transamerica Life Insurance Company amending Complaint - (Discovery), filed by Plaintiff Jason Boutros (Attachments: #1 Exhibit Life Insurance Policy, #2 Exhibit No Lapse Guarantee Endorsement, #3 Exhibit Ledger Illustration, #4 Exhibit Annual Statement 2021, #5 Exhibit Grace Period Final Notice, #6 Exhibit Notice of Termination, #7 Exhibit Kerekes letter 3/9/22, #8 Exhibit Kerekes letter 3/24/22 and response 4/7/22, #9 Exhibit Kerekes letter 4/11/22, #10 Exhibit Kerekes letter 4/15/22, #11 Exhibit Transamerica letter 5/2/22, #12 Exhibit Letter from Kerekes 5/16/22 and response from Transamerica)(Blakeman, Benjamin) |
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Filing 20
ORDER GRANTING STIPULATION FOR PLAINTIFF TO FILE AMENDED COMPLAINT AND TO SET DEFENDANT'S RESPONSE DATE [ECF NO. 19] by Judge Sherilyn Peace Garnett. The Court hereby GRANTS the Stipulation #19 and ORDERS as follows: Plaintiff shall file an Amended Complaint on or before September 23, 2022, to which Defendant shall respond on or before October 14, 2022. (lom)
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| Filing 19 STIPULATION for Order for Plaintiff to File Amended Complaint and to Set Defendant's Response Date filed by Defendant Transamerica Life Insurance Company. (Attachments: #1 Proposed Order)(Smelley, Hutson) |
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Filing 18
ORDER by Judge Sherilyn Peace Garnett: Granting Application of Non-Resident Attorney Micah Grodin to Appear Pro Hac Vice on behalf of Defendant Transamerica Life Insurance Company, designating Vivian Orlando as local counsel #15 . (iv)
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Filing 17
ORDER by Judge Sherilyn Peace Garnett: Granting Application of Non-Resident Attorney Hutson Smelley to Appear Pro Hac Vice on behalf of Defendant Transamerica Life Insurance Company, designating Vivian Orlando as local counsel #14 . (iv)
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Filing 16
ORDER by Judge Sherilyn Peace Garnett: Granting Application of Non-Resident Attorney Jarrett Ganer to Appear Pro Hac Vice on behalf of Defendant Transamerica Life Insurance Company, designating Vivian Orlando as local counsel #13 . (iv)
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| Filing 15 APPLICATION of Non-Resident Attorney Micah A. Grodin to Appear Pro Hac Vice on behalf of Defendant Transamerica Life Insurance Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33837217) filed by Defendant Transamerica Life Insurance Company. (Attachments: #1 Certificate of Good Standong, #2 Proposed Order) (Orlando, Vivian) |
| Filing 14 APPLICATION of Non-Resident Attorney Hutson B. Smelley to Appear Pro Hac Vice on behalf of Defendant Transamerica Life Insurance Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33837149) filed by Defendant Transamerica Life Insurance Company. (Attachments: #1 Certificate of Good Standong, #2 Proposed Order) (Orlando, Vivian) |
| Filing 13 APPLICATION of Non-Resident Attorney Jarrett E. Ganer to Appear Pro Hac Vice on behalf of Defendant Transamerica Life Insurance Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33836777) filed by Defendant Transamerica Life Insurance Company. (Attachments: #1 Certificate of Good Standong, #2 Proposed Order) (Orlando, Vivian) |
| Filing 12 CERTIFICATE OF SERVICE filed by Defendant Transamerica Life Insurance Company, re Notice of Assignment to United States Judges(CV-18) - optional html form #4 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #6 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #5 served on 08/15/2022. (Orlando, Vivian) |
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Filing 11
STANDING ORDER by Judge Sherilyn Peace Garnett. (dr)
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| Filing 10 STIPULATION Extending Time to Answer the complaint as to Transamerica Life Insurance Company answer now due 9/16/2022, filed by Defendant Transamerica Life Insurance Company.(Orlando, Vivian) |
| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Micah A. Grodin on behalf on Defendant. 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. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Hutson B Smelley on behalf on Defendant. 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. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
| Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jarrett E. Ganer on behalf on Defendant. 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. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Sherilyn Peace Garnett and Magistrate Judge Alka Sagar. (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendant Transamerica Life Insurance Company. Jury Demanded., filed by plaintiff Jason Boutros. (FILED IN STATE COURT ON 7/13/2022 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Jason Boutros, upon Defendant Transamerica Life Insurance Company served on 7/14/2022, answer due 8/4/2022. Service of the Summons and Complaint were executed upon CT Corporation System-John Montijo, Process Specialist-Person Authorized to Accept Service of Process in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 7/15/2022 SUBMITTED ATTACHED EXHIBIT H) (ghap) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant TRANSAMERICA LIFE INSURANCE COMPANY, an Iowa corporation, identifying Corporate Parent: Commonwealth General Corporation; Interested Parties: Defendant Transamerica Life Insurance Company; Plaintiff Jason Boutros ---. (Orlando, Vivian) |
| Filing 2 CIVIL COVER SHEET filed by Defendant TRANSAMERICA LIFE INSURANCE COMPANY, an Iowa corporation. (Orlando, Vivian) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22STCV22570 Receipt No: ACACDC-33800876 - Fee: $402, filed by Defendant TRANSAMERICA LIFE INSURANCE COMPANY, an Iowa corporation. (Attachments: #1 Exhibit A-J) (Attorney Vivian I. Orlando added to party TRANSAMERICA LIFE INSURANCE COMPANY, an Iowa corporation(pty:dft))(Orlando, Vivian) |
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