Socorro Olivia Alvitre v. Colonial Life and Accident Insurance Company
| Socorro Olivia Alvitre |
| Colonial Life & Accident Insurance Company, Colonial Life and Accident Insurance Company and Does 1 through 100, inclusive |
| 2:2022cv06289 |
| September 2, 2022 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Steve Kim |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal - Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 2, 2023. A more recent docket listing may be available from PACER.
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| Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney Edgar Juan Morales counsel for Plaintiff Socorro Olivia Alvitre. Adding Edgar J. Morales as counsel of record for Socorro Olivia Alvitre for the reason indicated in the G-123 Notice. Filed by Plaintiff Socorro Olivia Alvitre. (Attorney Edgar Juan Morales added to party Socorro Olivia Alvitre(pty:pla))(Morales, Edgar) |
Filing 36
MINUTES OF IN CHAMBERS - ORDER RE DEFENDANT'S MOTION TO COMPEL ARBITRATION AND DISMISS CLAIMS by Judge Dolly M. Gee: Defendant Colonial Life and Accident Insurance Company ("Colonial") filed a motion to compel Plaintiff Socorro Olivia Alvitre to submit her claims to arbitration and dismiss the proceedings ("MTC") #31 . The Court GRANTS in part Colonials MTC, with the cost-shifting and arbitration cost provisions severed as substantively unconscionable. Alvitre's individual claims will be compelled to arbitration, and her class claims are DISMISSED without prejudice. This action is STAYED pursuant to 9 U.S.C. section 3. The case shall be administratively closed for the duration of the stay. The parties shall file a joint status report with the Court within ten days after the resolution of any arbitration proceedings or the termination of the parties' dispute in this action. The 3/3/2023 hearing is VACATED. Court Reporter: Not Reported. (gk)
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| Filing 35 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Compel Arbitration #31 filed by Defendant Colonial Life and Accident Insurance Company. (Kang, Judy) |
| Filing 34 REPLY support NOTICE OF MOTION AND MOTION to Compel Arbitration #31 filed by Defendant Colonial Life and Accident Insurance Company. (Kang, Judy) |
| Filing 33 OPPOSITION re: NOTICE OF MOTION AND MOTION to Compel Arbitration #31 filed by Plaintiff Socorro Olivia Alvitre. (Attachments: #1 Declaration of Socorro Olivia Alvitre in Support of Plaintiffs Opposition to Defendants Motion to Compel Arbitration and Dismiss Judicial Proceedings, #2 Plaintiffs Evidentiary Objections to the Declaration of Justin Brown in Support of Defendants Motion to Compel Arbitration)(Schmidt, Fletcher) |
| Filing 32 ANSWER to Amended Complaint/Petition #30 filed by Defendant Colonial Life and Accident Insurance Company.(Minguet, Michael) |
| Filing 31 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant Colonial Life and Accident Insurance Company. Motion set for hearing on 3/3/2023 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Request for Judicial Notice, #5 Proposed Order) (Kang, Judy) |
| Filing 30 First AMENDED COMPLAINT against Defendant All Defendants amending Complaint - (Discovery),, filed by Plaintiff Socorro Olivia Alvitre(Schmidt, Fletcher) |
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Filing 29
ORDER APPROVING JOINT STIPULATION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT by Judge Dolly M. Gee: Upon the parties' Stipulation #27 , the Court ORDER that Plaintiff shall be permitted to file a First Amended Complaint (in the form attached as Exhibit A to the parties' Joint Stipulation For Leave to File First Amended Complaint) within 30 days of the date of this Order. (gk)
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Filing 28
ORDER RE STIPULATION TO AMEND DATES AND DEADLINES by Judge Dolly M. Gee: Upon Stipulation #26 , IT IS HEREBY ORDERED that the schedule for the motion to compel arbitration is as follows: Defendant's Opening Brief due 12/30/2022; Plaintiff's Opposition Brief due 1/27/2023; Defendant's Reply Brief due 2/10/2023; Hearing on Motion on 3/3/2023 at 9:30 AM. The Initial Disclosure deadlines are rescheduled for 12/9/2022. (gk)
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| Filing 27 Joint STIPULATION for Leave to File First Amended Complaint filed by Plaintiff Socorro Olivia Alvitre. (Attachments: #1 Proposed Order Granting Joint Stipulation for Leave to File First Amended Complaint)(Schmidt, Fletcher) |
| Filing 26 STIPULATION to Amend Joint Report Rule 26(f) Discovery Plan #19 filed by Defendant Colonial Life and Accident Insurance Company. (Attachments: #1 Proposed Order)(Kang, Judy) |
| Filing 25 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Stipulation to Amend Dates and Deadlines filed 11/10/2022 #23 by Judge Dolly M. Gee. The document is stricken. (gk) |
| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Stipulation to Amend/Correct #23 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. 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. (gk) |
| Filing 23 [DOCUMENT STRICKEN PER ORDER ON 11/15/2022, SEE DOCKET NO. 25] STIPULATION to AMEND DATES AND DEADLINES filed by Defendant Colonial Life and Accident Insurance Company.(Kang, Judy) Modified on 11/16/2022 (gk). |
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Filing 22
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court has reviewed the parties' Joint Rule 26(f) Report #19 . In light of the parties' agreement to resolve Defendant's anticipated Motion to Compel Arbitration as a threshold matter, the Court will defer issuance of the Scheduling and Case Management Order pending the outcome of that Motion. The Court will set a deadline for an updated Joint Rule 26(f) Report, if necessary, after it rules on the Motion. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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Filing 21
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court sua sponte VACATES the Scheduling Conference set on October 21, 2022. A Scheduling and Case Management Order to issue. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney Judy Kang counsel for Defendant Colonial Life and Accident Insurance Company. Adding Judy Kang as counsel of record for Colonial Life & Accident Insurance Co. for the reason indicated in the G-123 Notice. Filed by Defendant Colonial Life & Accident Insurance Co.. (Attorney Judy Kang added to party Colonial Life and Accident Insurance Company(pty:dft))(Kang, Judy) |
| Filing 19 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-10, filed by Defendant Colonial Life and Accident Insurance Company.. (Minguet, Michael) |
| Filing 18 Notice of Appearance or Withdrawal of Counsel: for attorney Veronica T. Hunter counsel for Defendant Colonial Life and Accident Insurance Company. Adding Veronica T. Hunter as counsel of record for Colonial Life & Accident Insurance Co. for the reason indicated in the G-123 Notice. Filed by Defendant Colonial Life & Accident Insurance Co.. (Attorney Veronica T. Hunter added to party Colonial Life and Accident Insurance Company(pty:dft))(Hunter, Veronica) |
| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Michael Ronald Minguet counsel for Defendant Colonial Life and Accident Insurance Company. Adding Michael R. Minguet as counsel of record for Colonial Life & Accident Insurance Co. for the reason indicated in the G-123 Notice. Filed by Defendant Colonial Life & Accident Insurance Co.. (Attorney Michael Ronald Minguet added to party Colonial Life and Accident Insurance Company(pty:dft))(Minguet, Michael) |
| Filing 16 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Kevin Moen counsel for Plaintiff Socorro Olivia Alvitre. Adding Matthew K. Moen as counsel of record for Socorro Olivia Alvitre for the reason indicated in the G-123 Notice. Filed by Plaintiff Socorro Olivia Alvitre. (Attorney Matthew Kevin Moen added to party Socorro Olivia Alvitre(pty:pla))(Moen, Matthew) |
| Filing 15 Notice of Appearance or Withdrawal of Counsel: for attorney Fletcher W H Schmidt counsel for Plaintiff Socorro Olivia Alvitre. Adding Fletcher W. Schmidt as counsel of record for Socorro Olivia Alvitre for the reason indicated in the G-123 Notice. Filed by Plaintiff Socorro Olivia Alvitre. (Attorney Fletcher W H Schmidt added to party Socorro Olivia Alvitre(pty:pla))(Schmidt, Fletcher) |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Paul Keith Haines counsel for Plaintiff Socorro Olivia Alvitre. Adding Paul K. Haines as counsel of record for Socorro Olivia Alvitre for the reason indicated in the G-123 Notice. Filed by Plaintiff Socorro Olivia Alvitre. (Attorney Paul Keith Haines added to party Socorro Olivia Alvitre(pty:pla))(Haines, Paul) |
| Filing 13 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 filed by Defendant Colonial Life and Accident Insurance Company. (Cepeda, Danielle) |
| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Certificate/Notice of Interested Parties #11 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Service of Subsequent Document Filings > Proof of Service (subsequent documents). 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. (gk) |
| Filing 11 CERTIFICATE OF SERVICE RE DEFENDANT'S NOTICE OF REMOVAL OF ACTION TO FEDERAL CERTIFICATE of Interested Parties filed by Defendant Colonial Life and Accident Insurance Company, (Cepeda, Danielle) |
| Filing 10 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 10/7/2022. Scheduling Conference set for 10/21/2022 at 9:30 a.m. (See order for details.) (kti) |
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Filing 9
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| 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 Dolly M. Gee and Magistrate Judge Steve Kim. (lh) |
| Filing 5 AMENDED DOCUMENT filed by Defendant Colonial Life & Accident Insurance Company. Amendment to Notice of Removal (Attorney Civil Case Opening),, #1 (Cepeda, Danielle) |
| CONFORMED COPY OF ANSWER to Complaint, filed by Defendant Colonial Life and Accident Insurance Company. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 9/1/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 )(lh) |
| CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants Colonial Life and Accident Insurance Company, Does. Jury Demanded, filed by Plaintiff Socorro Olivia Alvitre. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 7/29/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant Colonial Life & Accident Insurance Company identifying Defendant Colonial Life & Accident Insurance Co. is, and at all relevant times was, a general business corporation organized under the laws of the State of South Carolina. Defendant Colonial Life & Accident Insurance Co. is a subsidiary of Unum Group, a holding company for insurance and other subsidiary companies. Unum Group is a Delaware general business corporation that provides financial protection benefits including disability, life, accident, critical illness, dental and vision, and other related services and products. Unum Group is publicly trader on the New York Stock Exchange under the symbol UNM and does not have any parent corporation. According to currently available information, no publicly held corporation owns 10% or more of stock in Unum Group. as Corporate Parent. (Cepeda, Danielle) |
| Filing 3 CERTIFICATION AND NOTICE OF INTERESTED PARTIES CERTIFICATE of Interested Parties filed by Defendant Colonial Life & Accident Insurance Company, identifying Plaintiff, Socorro Olivia Alvitre; Defendant, Colonial Life & Accident Insurance Co.; Parent Company of Colonial Life & Accident Insurance Co., Unum Group. (Cepeda, Danielle) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Colonial Life & Accident Insurance Company. (Cepeda, Danielle) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22STCV24601 Receipt No: ACACDC-33923493 - Fee: $402, filed by Defendant Colonial Life & Accident Insurance Company. (Attachments: #1 Declaration of Justin Brown, #2 Exhibit 1-2 to Justin Brown's Declaration, #3 Declaration of J. Paul Jullienn, #4 Declaration of Robert D. Vogel, #5 Exhibit A-B to Robert D. Vogel's Declaration) (Attorney Danielle Caroline Cepeda added to party Colonial Life & Accident Insurance Company(pty:dft))(Cepeda, Danielle) |
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