Oxnard Manor et al v. Hallmark Specialty Insurance Company et al
| Oxnard Manor LP dba Oxnard Manor Health Center and Oxnard Manor LP doing business as Oxnard Manor Health Center |
| Hallmark Specialty Insurance Company and DOES 1-100 |
| 2:2023cv01322 |
| February 22, 2023 |
| US District Court for the Central District of California |
| Sherilyn Peace Garnett |
| Margo A Rocconi |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal - Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on April 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 27 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint #18 (Attachments: #1 Appendix First Amended Complaint)(Wagner, Avi) |
| Filing 26 DECLARATION of Avi Wagner in support of NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint #18 Corrected Declaration filed by Plaintiff Oxnard Manor LP. (Attachments: #1 Exhibit Ex. A, E-mails re conferring, #2 Exhibit Ex. B, Redline Complaint)(Wagner, Avi) |
| Filing 25 Notice Notice of Withdrawal of Declaration of Avi Wagner in Support of Plaintiff's Motion for Leave to File First Amended Complaint filed by Plaintiff Oxnard Manor LP. (Wagner, Avi) |
Filing 24
SCHEDULING NOTICE AND ORDER by Judge Sherilyn Peace Garnett. On the Courts own motion, the motion at ECF No. #9 set for hearing April 19, 2023, is continued to May 31, 2023 at 1:30 p.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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| Filing 23 STIPULATION for Order Pursuant to Scheduling Order filed by Plaintiff Oxnard Manor LP.(Wagner, Avi) |
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Filing 22
SCHEDULING NOTICE and ORDER by Judge Sherilyn Peace Garnett. The Court is in receipt of Plaintiffs Motion to Strike and Plaintiffs subsequently filed Motion for Leave to Amend. (ECF No. 9 (Strike Mot.); ECF No. 18 (Amend Mot.)). Based on the correspondence between counsel, copies of which are attached in support of the Amend Motion, it appears the parties need to meet and confer concerning the Amend Motion and whether to go forward with both motions, given the expressed possibility of each party amending its pleading. (ECF No. 18-2). Accordingly, in light of the Courts crowded docket, the need for judicial efficiency, the disfavor generally shown to motions to strike, see Bogazici Hava Tasimaciligi A.S. v. McDonnell Douglas Corp., No. 90-55868, 1991 U.S. App. LEXIS 10273, at *6 (9th Cir. May 9, 1991), and the liberality generally shown to requests for leave to amend at this stage of the proceeding, see Fed. R. Civ. P. 15(a)(2); Roth v. Garcia Marquez, 942 F.2d 617, 628 (9th Cir. 1991); the Court orders the parties to meet and confer and file a joint stipulation by no later than April 14, 2023, informing the Court whether each party agrees to allow the opposing party to amend its pleading, thereby rendering the pending motions moot and currently scheduled hearings unnecessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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| Filing 21 NOTICE of Continuance of NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint #18 reset to May 17, 2023 at 1:30 p.m. (Wagner, Avi) |
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Filing 20
NOTICE TO FILER RE DEFICIENCY ORDER By Judge Sherilyn Peace Garnett. Plaintiff has set the Motion for Leave to File First Amended Complaint filed at (Dkt. No. 18) on a CLOSED motion date. The Court on its own motion, hereby CONTINUES the Motion hearing date to May 17, 2023, at 1:30 p.m. Plaintiff is directed to serve Defendant with notice of the new hearing time.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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| Filing 19 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint #18 (Attachments: #1 Appendix First Amended Complaint)(Wagner, Avi) |
| Filing 18 NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint filed by Plaintiff Oxnard Manor LP. Motion set for hearing on 5/3/2023 at 01:30 PM before Judge Sherilyn Peace Garnett. (Attachments: #1 Declaration Declaration of Avi Wagner in Support of Motion for Leave to Amend, #2 Exhibit Ex. A, E-mails re Conferring, #3 Exhibit Ex. B, Redline of Complaint, #4 Proposed Order Proposed Order Granting Motion) (Wagner, Avi) |
| Filing 17 REPLY in support of NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses of Defendant's Answer , Or, In the Alternative, For A More Definite Statement #9 filed by Plaintiff Oxnard Manor LP. (Attachments: #1 Supplement Objections to Exhibits to Declaration of William C. Morison, #2 Declaration Declaration of Avi Wagner in Support of Reply, #3 Exhibit Ex. A to Wagner Decl., 22.11.2 Order)(Wagner, Avi) |
| Filing 16 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses of Defendant's Answer , Or, In the Alternative, For A More Definite Statement #9 filed by Defendant Hallmark Specialty Insurance Company. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Morison, William) |
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Filing 15
CIVIL PRETRIAL SCHEDULE AND TRIAL ORDER by Judge Sherilyn Peace Garnett. Final Pretrial Conference set for 2/7/2024 at 3:00 PM. Jury Trial set for 2/27/2024 at 8:30 AM. SEE ORDER FOR DETAILS. (Attachments: #1 Schedule of Pretrial and Trial Dates Worksheet) (iv)
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Filing 14
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. (iv)
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Filing 13
ORDER/REFERRAL to ADR Procedure No 3 by Judge Sherilyn Peace Garnett. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 10/30/2023. (iv)
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Filing 12
(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 29, 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 11 NOTICE of Appearance filed by attorney Jennifer Neiman Hinds on behalf of Plaintiff Oxnard Manor LP (Attorney Jennifer Neiman Hinds added to party Oxnard Manor LP(pty:pla))(Hinds, Jennifer) |
| Filing 10 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff Oxnard Manor LP.. (Attachments: #1 Exhibit - Pretrial and Trial Dates Worksheet)(Wagner, Avi) |
| Filing 9 NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses of Defendant's Answer , Or, In the Alternative, For A More Definite Statement filed by Plaintiff Oxnard Manor LP. Motion set for hearing on 4/19/2023 at 01:30 PM before Judge Sherilyn Peace Garnett. (Attachments: #1 Proposed Order, #2 Declaration of Avi Wagner in Support of Motion) (Wagner, Avi) |
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Filing 8
STANDING ORDER FOR NEWLY ASSIGNED CIVIL CASES by Judge Sherilyn Peace Garnett.READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to United States District Judge Sherilyn Peace Garnett. (iv)
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| Filing 7 PROOF OF SERVICE filed by Defendant Hallmark Specialty Insurance Company, re Notice of Assignment to United States Judges(CV-18) - optional html form #3 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #5 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #4 , Initial Order Setting R26 Scheduling Conference - form only #6 , Standing Order for Newly Assigned Civil Cases, Schedule of Pretrial and Trial Dates Worksheet, Notice of Electronic Filing Conformed Copy of Complaint, Conformed Copy Of Answer served on February 24, 2023. (Morison, William) |
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Filing 6
ORDER SETTING SCHEDULING CONFERENCE by Judge Sherilyn Peace Garnett. Rule 26 Meeting Report due by 3/15/2023. Scheduling Conference set for 3/29/2023 at 03:00 PM before Judge Sherilyn Peace Garnett. (pg)
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| Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Sherilyn Peace Garnett and Magistrate Judge Margo A. Rocconi. (jtil) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Defendant Hallmark Specialty Insurance Company identifying American Hallmark Insurance Company of Texas, wholly owned subsidiary of Hallmark Financial Services, Inc., as Corporate Parent. (Attachments: #1 Affidavit Proof of Service)(Morison, William) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Oxnard Manor LP in Los Angeles Superior Court on 1/30/2023, attached as Exhibit A. (jtil) |
| CONFORMED COPY OF ANSWER to Complaint filed by Defendant Hallmark Specialty Insurance Company in Los Angeles Superior Court on 2/21/2023, attached as Exhibit B. (jtil) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court - Stanley Mosk Courthouse, case number 23STCV02077 Receipt No: ACACDC-34835012 - Fee: $402, filed by Defendant Hallmark Specialty Insurance Company. (Attachments: #1 Exhibit Plaintiff Filed State Court Summons, Complaint, And Other Documents, #2 Exhibit Defendant Filed State Court Answer And Proof of Service, #3 Civil Cover Sheet Federal Civil Cover Sheet) (Attorney William C Morison added to party Hallmark Specialty Insurance Company(pty:dft))(Morison, William) |
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