Melissa Lewkowicz v. AMICA Mutual Insurance Company et al
| Melissa Lewkowicz |
| AMICA Mutual Insurance Company and Does 1 through 100, inclusive |
| 2:2022cv07863 |
| October 28, 2022 |
| US District Court for the Central District of California |
| John A Kronstadt |
| Alexander F MacKinnon |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| Plaintiff |
Docket Report
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Filing 16
(IN CHAMBERS) ORDER DISMISSING CASE WITHOUT PREJUDICE by Judge John A. Kronstadt. In light of the Notice of Settlement (Dkt. 15), the Court orders that the action is dismissed without prejudice. The Court retains jurisdiction to vacate this Order and to reopen the action within 45 days from the date of this Order; provided, however, any request by any party(ies) that the Court do so, shall make a showing of good cause as to why the settlement has not been completed within the 45-day period, what further settlement processes are necessary, and when the party(ies) making such a request reasonably expect the process to be concluded. This Order does not preclude the filing of a stipulation of dismissal with prejudice pursuant to Fed. R. Civ. P. 41, which does not require the approval of the Court. Such a stipulation shall be filed within the aforementioned 45-day period, or by such later date ordered by the Court pursuant to a stipulation by the parties that conforms the requirements of a showing of good cause stated above. All dates and deadlines are vacated. IT IS SO ORDERED. (Made JS-6. Case Terminated.) (yl)
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| Filing 15 NOTICE of Settlement filed by Defendant AMICA Mutual Insurance Company. (Felsenfeld, Peter) |
| Filing 14 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant To Fed. R. Civ. P. 12(B)(3) and Fed. R. Civ. P. 12(B)(6), or in the Alternative, to Stay #13 filed by Defendant AMICA Mutual Insurance Company. (Attachments: #1 Exhibit 1 - Policy, #2 Declaration of Thomas W. Grundy)(Felsenfeld, Peter) |
| Filing 13 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant To Fed. R. Civ. P. 12(B)(3) and Fed. R. Civ. P. 12(B)(6), or in the Alternative, to Stay filed by Defendant AMICA Mutual Insurance Company. Motion set for hearing on 1/23/2023 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Peter J. Felsenfeld, #2 Declaration of J. Jackson Briscoe, #3 Exhibit A - Arbitration Demand, #4 Exhibit B - Agree to Arbitrator, #5 Exhibit C - Set Arbitration, #6 Exhibit D - Email re Arbitration, #7 Exhibit E - Email Chain re Arbitration, #8 Exhibit F - 52522 Correspondence, #9 Exhibit G - Email Exchange, #10 Exhibit H - Meet and Confer, #11 Exhibit I - Correspondence to Plaintiff, #12 Exhibit J - Correspondence to Arbitrator, #13 Exhibit K - Correspondence from Arbitrator, #14 Exhibit L - Correspondence to Arbitrator, #15 Exhibit M - Obj to Arbitration, #16 Exhibit N - IME Demand-Ludwig, #17 Exhibit O - IME Demand-Ho, #18 Exhibit P - Objection, #19 Exhibit Q - Meet and Confer, #20 Exhibit R - 100722 Correspondence, #21 Exhibit S - 101822 Correspondence) (Felsenfeld, Peter) |
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Filing 12
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. A hearing is not necessary and, therefore, the matter is taken under submission. Upon review of the Joint Report, a scheduling order will be issued. Rule 26 Meeting Report due by 12/2/2022. (hc)
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Filing 11
STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (hc)
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| Filing 10 Notice of Appearance or Withdrawal of Counsel: for attorney Robert J Romero counsel for Defendant AMICA Mutual Insurance Company. Adding Robert J. Romero as counsel of record for Amica Mutual Insurance Company for the reason indicated in the G-123 Notice. Filed by defendant Amica Mutual Insurance Company. (Romero, Robert) |
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Filing 9
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Alka Sagar. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Alka Sagar to Magistrate Judge Alexander F. MacKinnon for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-07863 JAK(AFMx). (rn)
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| 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 John A. Kronstadt and Magistrate Judge Alka Sagar. (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Melissa Lewkowicz, upon Defendant AMICA Mutual Insurance Company served on 9/30/2022, answer due 10/21/2022. Service of the Summons and Complaint were executed upon By Serving Patrick Sullivan, Agent for Service in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. Filed in State Court on 10/6/2022 Submitted with Attachment 4 Exhibit C to Notice of Removal #1 (car) |
| CONFORMED COPY OF COMPLAINT against Defendants AMICA Mutual Insurance Company, Does 1-100, inclusive. Jury Demanded, filed by Plaintiff Melissa Lewkowicz. Filed in State Court on 9/7/2022 Submitted with Attachment 2 Exhibit A to Notice of Removal #1 (car) |
| Filing 5 Notice of Appearance or Withdrawal of Counsel: for attorney Jessica Mae West counsel for Defendant AMICA Mutual Insurance Company. Adding Jess West as counsel of record for Amica Mutual Insurance Company for the reason indicated in the G-123 Notice. Filed by defendant Amica Mutual Insurance Company. (Attorney Jessica Mae West added to party AMICA Mutual Insurance Company(pty:dft))(West, Jessica) |
| Filing 4 CERTIFICATE of Interested Parties filed by defendant AMICA Mutual Insurance Company, (Felsenfeld, Peter) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant AMICA Mutual Insurance Company (Felsenfeld, Peter) |
| Filing 2 CIVIL COVER SHEET filed by Defendant AMICA Mutual Insurance Company. (Felsenfeld, Peter) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 2:22-cv-7863 Receipt No: ACACDC-34232519 - Fee: $402, filed by defendant AMICA Mutual Insurance Company. (Attachments: #1 Declaration of Peter J. Felsenfeld, #2 Exhibit A - Complaint, #3 Exhibit B - Summons, #4 Exhibit C - Summons POS, #5 Exhibit D - State Court Civil Cover Sheet, #6 Exhibit E - Los Angeles Superior Court Case Docket, #7 Exhibit F - ADR Packet, #8 Exhibit G - Amd General Order, #9 Exhibit H - Ntc Case Assignment, #10 Exhibit I - Voluntary Efficient Litigation Package, #11 Exhibit J - Notice of Case Management Conference) (Attorney Peter J Felsenfeld added to party AMICA Mutual Insurance Company(pty:dft))(Felsenfeld, Peter) |
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