Fashion Nova, LLC v. Citizens Insurance Company of America et al
| Fashion Nova, LLC a California Limited Liability Company, fka Fashion Nova, LLC, a California corporation, Fashion Nova, LLC and Fashion Nova, Inc. |
| Citizens Insurance Company of America, a corporation, The Hanover Insurance Company, a corporation, Citizens Insurance Company of America and The Hanover Insurance Company |
| Fashion Nova Inc |
| 2:2023cv01317 |
| February 22, 2023 |
| US District Court for the Central District of California |
| Pedro V Castillo |
| George H Wu |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal - Insurance Contract |
| Plaintiff |
Docket Report
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| Filing 29 ANSWER to Counterclaim,, #11 with JURY DEMAND filed by Plaintiff and Counter-Defendant Fashion Nova, LLC.(O'Hanlon, Matthew) |
| Filing 28 MINUTES IN CHAMBERS - FINAL RULING ON PLAINTIFF/COUNTER-DEFENDANT'S MOTION TO DISMISS AND/OR STRIKE COUNTERCLAIMS ASSERTED BY CITIZENS INSURANCE COMPANY OF AMERICA AND THE HANOVER INSURANCE COMPANY #17 by Judge George H. Wu. After hearing the arguments of counsel, the Court adopts its Tentative Ruling (ECF No. 26) as its filing ruling on Plaintiff's motion to dismiss and/or strike (Motion, ECF No. 17). The Motion is denied except as to Counterclaim Two where it is granted. The Court has considered the parties' Joint Rule 26(f) Report and sets the following dates: The parties are free to amend pleadings under Fed. R. Civ. P. 15 up to May 31, 2023. A post-mediation status conference is set for December 4, 2023 at 8:30 a.m., with mediation to be completed by November 29. The pre-trial conference will be held on February 22, 2024 at 8:30 a.m. Jury trial will begin on March 5, 2024 at 9:00 a.m. (SEE DOCUMENT FOR ADDITIONAL DEADLINES AND DETAILS); granting in part and denying in part #17 MOTION to Dismiss and/or Strike Counterclaims. (aco) |
| Filing 27 MINUTES OF PLAINTIFF/COUNTER-DEFENDANT'S MOTION TO DISMISS AND/OR STRIKE COUNTERCLAIMS ASSERTED BY CITIZENS INSURANCE COMPANY OF AMERICA AND THE HANOVER INSURANCE COMPANY #17 ; SCHEDULING CONFERENCE held before Judge George H. Wu. The Court's Tentative Ruling on Plaintiff/Counter-Defendant's Motion #17 was issued on May 10, 2023 #26 . Oral argument is held. Based on the Tentative Ruling, and for reasons stated on the record, the Motion is taken under submission. Court and counsel discuss scheduling. A separate scheduling order is to issue.; taking under advisement #17 MOTION to Dismiss and/or Strike Counterclaims. Court Reporter: Terri A. Hourigan. (aco) |
| Filing 26 MINUTES IN CHAMBERS - TENTATIVE RULING ON PLAINTIFF/COUNTER-DEFENDANT'S MOTION TO DISMISS AND/OR STRIKE COUNTERCLAIMS ASSERTED BY CITIZENS INSURANCE COMPANY OF AMERICA AND THE HANOVER INSURANCE COMPANY #17 by Judge George H. Wu. Attached hereto is the Court's Tentative Ruling on Plaintiff/Counter-Defendant's Motion #17 set for hearing on May 11, 2023 at 8:30 a.m. (aco) |
| Filing 25 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The parties are advised that the Motion Hearing #17 and scheduling conference, set for Thursday, May 11, 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 24 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 - 7 Days, filed by Plaintiff Fashion Nova, LLC, Counter Defendant Fashion Nova, LLC.. (Foutch, Lisa) |
| Filing 23 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The SCHEDULING CONFERENCE previously scheduled for 04/27/2023 is CONTINUED to 5/11/2023 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 22 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The Court, on its own motion, CONTINUES PLAINTIFF/COUNTER-DEFENDANTS MOTION TO DISMISS AND/OR STRIKE COUNTERCLAIMS ASSERTED BY CITIZENS INSURANCE COMPANY OF AMERICA AND THE HANOVER INSURANCE COMPANY #17 previously scheduled for 04/27/2023 to 5/11/2023 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 21 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss and/or Strike Counterclaims #17 filed by Plaintiff Fashion Nova, LLC, Counter Defendant Fashion Nova, LLC. (O'Hanlon, Matthew) |
| Filing 20 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Dismiss and/or Strike Counterclaims #17 filed by Defendants Citizens Insurance Company of America, The Hanover Insurance Company, a corporation. (Attachments: #1 Request for Judicial Notice in support of Defendants' Opposition to Plaintiffs' Motion to Dismiss and/or Strike Counterclaims, #2 Exhibit A to Request for Judicial Notice, #3 Proposed Order Denying Plaintiff/Counterclaim Defendant's Motion to Dismiss and/or Strike Counterclaims)(Yanni, Rebekah) |
| Filing 19 Amendment to NOTICE OF MOTION AND MOTION to Dismiss and/or Strike Counterclaims #17 filed by Plaintiff Fashion Nova, LLC, Counter Defendant Fashion Nova, LLC. (O'Hanlon, Matthew) |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss and/or Strike Counterclaims filed by Plaintiff and Counter-Defendant Fashion Nova, LLC. Motion set for hearing on 4/27/2023 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order) (O'Hanlon, Matthew) |
Filing 18
ORDER ON STIPULATION TO EXTEND TIME FOR FASHION NOVA, LLC'S TO RESPOND TO COUNTERCLAIMS UNTIL MARCH 28, 2023 by Judge George H. Wu. This Court orders that the time within which Fashion Nova may move, answer, or otherwise respond to the Counterclaims is extended through and including March 28, 2023. RE: Stipulation for Extension of Time to File, #16 . (aco)
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| Filing 16 STIPULATION for Extension of Time to File response to Counterclaim filed by Plaintiff and Counter-Defendant Fashion Nova, LLC. (Attachments: #1 Proposed Order)(Attorney Lisa Marie Foutch added to party Fashion Nova, LLC(pty:pla), Attorney Lisa Marie Foutch added to party Fashion Nova, LLC(pty:cd))(Foutch, Lisa) |
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Filing 15
ORDER ON STIPULATION TO CONTINUE SCHEDULING CONFERENCE by Judge George H. Wu. This Court, having read and considered the parties' Stipulation to Continue Scheduling Conference, and finding good cause therefor, orders that the scheduling conference shall be continued to April 27, 2023 at 8:30 a.m. RE: Stipulation to Continue #14 . (aco)
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| Filing 14 STIPULATION to Continue Re: Initial Order Setting R26 Scheduling Conference - form only, #9 filed by Plaintiff and Counter-Defendant Fashion Nova, LLC. (Attachments: #1 Proposed Order)(O'Hanlon, Matthew) |
| Filing 13 DEMAND for Jury Trial filed by Plaintiff Fashion Nova, LLC.. (O'Hanlon, Matthew) |
| Filing 12 Certification and NOTICE of Interested Parties filed by Plaintiff Fashion Nova, LLC, (O'Hanlon, Matthew) |
| Filing 11 COUNTERCLAIM against Counter-Defendant Fashion Nova, LLC, filed by Defendants/Counterclaimants The Hanover Insurance Company, a corporation, Citizens Insurance Company of America. (Attachments: #1 Exhibit A to Counterclaim, #2 Exhibit B to Counterclaim, #3 Exhibit C to Counterclaim, #4 Exhibit D to Counterclaim, #5 Exhibit E to Counterclaim, #6 Exhibit F to Counterclaim, #7 Exhibit G to Counterclaim, #8 Exhibit H to Counterclaim, #9 Exhibit I to Counterclaim, #10 Exhibit J to Counterclaim)(Yanni, Rebekah) |
| Filing 10 ANSWER to Complaint - (Discovery), filed by Defendants Citizens Insurance Company of America, The Hanover Insurance Company, a corporation.(Yanni, Rebekah) |
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Filing 9
MINUTES IN CHAMBERS - ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu. The Court sets a Scheduling Conference for April 6, 2023 at 8:30 a.m. Counsel are reminded of their obligations to disclose information, confer on a discovery plan, and report to the Court, as required by F.R.C.P. 26 and the Local Rules of this Court. Trial counsel are ordered to be present. A Joint 26(f) Report shall be filed with the Court no later than March 30, 2023. See Local Rule 26-1. (aco)
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Filing 8
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 7
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:22-cv-02040 GW(PVCx). Case transferred from Judge Percy Anderson to Judge George H. Wu for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:23-cv-01317 GW(PVCx). Signed by Judge George H. Wu (rn)
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| 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 Percy Anderson and Magistrate Judge Pedro V. Castillo. (sh) |
| CONFORMED E-FILED COPY OF SUMMONS AND COMPLAINT against Defendants Citizens Insurance Company of America, The Hanover Insurance Company, a corporation., filed by Plaintiff Fashion Nova, LLC.[FILED IN STATE COURT 01/18/2023 SUBMITTED AS ATTACHMENT NO. 2 EXHIBIT 2 TO THE NOTICE OF REMOVAL #1 ] (sh) |
| CONFORMED E-FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Fashion Nova, LLC, upon Defendant Citizens Insurance Company of America served on 1/23/2023. in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. [FILED IN STATE COURT 01/25/2023 SUBMITTED AS ATTACHMENT NO. 2 EXHIBIT 2 TO THE NOTICE OF REMOVAL #1 ] (sh) |
| CONFORMED E-FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Fashion Nova, LLC, upon Defendant The Hanover Insurance Company, a corporation served on 1/23/2023. in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned.[FILED IN STATE COURT 01/25/2023 SUBMITTED AS ATTACHMENT NO. 2 EXHIBIT 2 TO THE NOTICE OF REMOVAL #1 ] (sh) |
| Filing 3 NOTICE of Interested Parties filed by Defendants Citizens Insurance Company of America, a corporation, The Hanover Insurance Company, a corporation, identifying The Hanover Insurance Company is a wholly-owned subsidiary of Opus Investment Management, Inc., which in turn is a wholly owned subsidiary of The Hanover Insurance Group, Inc.; Citizens Insurance Company of America is a wholly owned subsidiary of The Hanover Insurance Company; Fashion Nova, LLC, f/k/a Fashion Nova, Inc.. (Yanni, Rebekah) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Citizens Insurance Company of America, a corporation, The Hanover Insurance Company, a corporation. (Yanni, Rebekah) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 23STCV01107 Receipt No: ACACDC-34834552 - Fee: $402, filed by Defendants The Hanover Insurance Company, a corporation, Citizens Insurance Company of America, a corporation. (Attachments: #1 Exhibit 1 to Notice of Removal, #2 Exhibit 2 to Notice of Removal, #3 Request for Judicial Notice in Support of Defendants' Notice of Removal of Action (28 U.S.C. Section 1441(b)), #4 Exhibit 3 to Request for Judicial Notice, #5 Exhibit 4 to Request for Judicial Notice, #6 Exhibit 5 to Request for Judicial Notice) (Attorney Rebekah Elizabeth Yanni added to party Citizens Insurance Company of America, a corporation(pty:dft), Attorney Rebekah Elizabeth Yanni added to party The Hanover Insurance Company, a corporation(pty:dft))(Yanni, Rebekah) |
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