Skylane LLC v. QBE Specialty Insurance Company
| Skylane LLC |
| QBE Specialty Insurance Company |
| 2:2022cv06018 |
| August 24, 2022 |
| US District Court for the Central District of California |
| Steve Kim |
| Mark C Scarsi |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 2, 2023. A more recent docket listing may be available from PACER.
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| Filing 41 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/31/2022 re Transcript #40 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kst) TEXT ONLY ENTRY |
| Filing 40 TRANSCRIPT for proceedings held on 10/31/2022. Court Reporter/Electronic Court Recorder: Katherine Stride, phone number 213-894-2979. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/23/2023. Redacted Transcript Deadline set for 9/5/2023. Release of Transcript Restriction set for 10/31/2023. (kst) |
Filing 39
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #33 filed by Skylane LLC. CCA # 23-55009. Appellant's motion to dismiss this appeal is granted. Fed. R. App. P. 42(b). The parties shall bear their own costs and attorneys' fees on appeal. A copy of this order shall serve as and for the mandate of this court. (mat)
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| Filing 38 NOTICE of Settlement and Notice of Withdrawal of Motion for Reconsideration filed by Plaintiff Skylane LLC. (Shuman, Steven) |
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Filing 37
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION (ECF No. #31 ) UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the matters raised with respect to the Motion for Reconsideration re Order on Motion to Dismiss Case (ECF No. #31 ) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on January 23, 2023, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 36 REPLY NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Case, #29 #31 filed by Plaintiff Skylane LLC. (Shuman, Steven) |
| Filing 35 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 23-55009 assigned to Notice of Appeal to 9th Circuit Court of Appeals #33 as to plaintiff Skylane LLC. (lc) |
| Filing 34 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #33 . (Shuman, Steven) |
| Filing 33 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Skylane LLC. Appeal of Judgment, #30 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-34564758.) (Shuman, Steven) |
| Filing 32 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Case, #29 #31 filed by Defendant QBE Specialty Insurance Company. (Attachments: #1 Declaration Monica M. Kalunian in Support of QBE Specialty Insurance Company's Opposition to Plaintiff's Motion for Reconsideration)(Weinreich, Rebecca) |
| Filing 31 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Case, #29 filed by Plaintiff Skylane LLC. Motion set for hearing on 1/23/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration Declaration of Andrew M. Jacobson re L.R. 7-3 Meet and Confer) (Shuman, Steven) |
| Filing 30 JUDGMENT by Judge Mark C. Scarsi: Pursuant to the Court's Order Re: Defendant's Motion to Dismiss #29 , it is ordered, adjudged, and decreed that this case is dismissed with prejudice and without leave to amend. Plaintiff shall take nothing from this action. (MD JS-6, Case Terminated). (lc) |
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Filing 29
ORDER RE: DEFENDANTS MOTION TO DISMISS #15 by Judge Mark C. Scarsi: The Court grants Defendant QBE Specialty Insurance Company's motion to dismiss without leave to amend. The Court directs the Clerk to enter judgment against Plaintiff and close the case. (lc)
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| Filing 28 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Case FRCP 12(b)(6) and 12(b)(7) #15 IN SUPPORT OF OPPOSITION filed by Plaintiff Skylane LLC. (Shuman, Steven) |
| Filing 27 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Case FRCP 12(b)(6) and 12(b)(7) #15 filed by Defendant QBE Specialty Insurance Company. (Weinreich, Rebecca) |
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Filing 26
MINUTES (IN CHAMBERS) ORDER REQUIRING SUPPLEMENTAL BRIEFING ON DEFENDANT'S MOTION TO DISMISS #15 by Judge Mark C. Scarsi. The parties are ordered to file supplemental briefing within 14 days discussing whether the contractual limitation provision applies, whether Plaintiffs claims are timely, and whether some equitable doctrine like tolling applies. The parties supplemental briefs shall not exceed 10 pages. IT IS SO ORDERED. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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| Filing 25 TRANSCRIPT ORDER as to defendant QBE Specialty Insurance Company for Court Reporter. Court will contact Jeanne Ideno at jeanne.ideno@lewisbrisbois.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Weinreich, Rebecca) |
| Filing 24 MINUTES OF Motion Hearing held before Judge Mark C. Scarsi: RE Motion to Dismiss Case #15 . Counsel address the Court as reflected on the record. The Court takes this matter UNDER SUBMISSION. Court Reporter: Katherine M. Stride. (lc) |
| Filing 23 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Mark C. Scarsi. The Court has revised its procedures regarding mandatory chambers copies in civil cases newly assigned to Judge Scarsi. The Court authorizes the parties to this case to follow the new procedures in lieu of the procedures stated in Initial Standing Order 9(e). More information about the new procedures is available at https://www.cacd.uscourts.gov/honorable-mark-c-scarsi THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
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Filing 22
TEXT ONLY ENTRY (IN CHAMBERS) ORDER CONTINUING HOUR OF MOTION HEARING (ECF No. #15 ) by Judge Mark C. Scarsi: The Court, on its own motion, continues the Motion to Dismiss Case Fed.R.Civ.P. 12(b)(6) and 12(b)(7) (ECF No. #15 ) from October 31, 2022 at 9:00 a.m. to 10:00 a.m. before Judge Mark C. Scarsi. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney Monica Mendes Kalunian counsel for Defendant QBE Specialty Insurance Company. Adding Monica M. Kalunian as counsel of record for QBE Specialty Insurance Company for the reason indicated in the G-123 Notice. Filed by Defendant QBE Specialty Insurance Company. (Attorney Monica Mendes Kalunian added to party QBE Specialty Insurance Company(pty:dft))(Kalunian, Monica) |
| Filing 20 REPLY to Plaintiff's Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case FRCP 12(b)(6) and 12(b)(7) #15 filed by Defendant QBE Specialty Insurance Company. (Weinreich, Rebecca) |
| Filing 19 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case FRCP 12(b)(6) and 12(b)(7) #15 filed by Plaintiff Skylane LLC. (Shuman, Steven) |
| Filing 18 NOTICE of Interested Parties filed by Defendant QBE Specialty Insurance Company, identifying wholly owned subsidiary of QBE Holdings, Inc. whose ultimate corporate parent is QBE Insurance Group, Limited. (Weinreich, Rebecca) |
| Filing 17 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: NOTICE OF MOTION AND MOTION to Dismiss Case FRCP 12(b)(6) and 12(b)(7) #15 by Judge Mark C. Scarsi. A notice of interested parties shall be filed no later than 5 days from entry of this Order. (smo) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: QBE Specialty Insurance Company's NOTICE OF MOTION AND MOTION to Dismiss Case FRCP 12(b)(6) and 12(b)(7) #15 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. 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. (lc) |
| Filing 15 NOTICE OF MOTION AND MOTION to Dismiss Case FRCP 12(b)(6) and 12(b)(7) filed by Defendant QBE Specialty Insurance Company. Motion set for hearing on 10/31/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Exhibit "A" to Motion, #2 Request for Judicial Notice, #3 Exhibit 1 to Request for Judicial Notice, #4 Exhibit 2 to Request for Judicial Notice, #5 Exhibit 3 to Request for Judicial Notice, #6 Exhibit 4 to Request for Judicial Notice, #7 Exhibit 5 to Request for Judicial Notice, #8 Proposed Order) (Attorney Rebecca R Weinreich added to party QBE Specialty Insurance Company(pty:dft)) (Weinreich, Rebecca) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Skylane LLC, upon Defendant QBE Specialty Insurance Company served on 9/7/2022, answer due 9/28/2022. Service of the Summons and Complaint were executed upon John Montijo (Authorised Agent to Accept Service) in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Furtado, David) |
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Filing 13
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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Filing 12
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:21-cv-08819 MCS(SKx). Case transferred from Magistrate Judge Jacqueline Chooljian and Judge Dolly M. Gee to Judge Mark C. Scarsi and Magistrate Judge Steve Kim for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-06018 MCS(SKx). Signed by Judge Mark C. Scarsi (rn)
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| Filing 11 21-Day Summons Issued re Complaint #1 as to Defendant QBE Specialty Insurance Company. (gk) |
| Filing 10 NOTICE of Interested Parties filed by Plaintiff Skylane LLC, (Furtado, David) |
| Filing 9 Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons, #8 filed by Plaintiff Skylane LLC. (Furtado, David) |
| Filing 8 NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The date and signature line must be left blank. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (sh) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Jacqueline Chooljian. (sh) |
| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (sh) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 , Civil Cover Sheet (CV-71) #2 filed by Plaintiff Skylane LLC. (Furtado, David) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Skylane LLC. (Furtado, David) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33871170 - Fee: $402, filed by Plaintiff Skylane LLC. (Attorney David J. Furtado added to party Skylane LLC(pty:pla))(Furtado, David) |
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