Sheena Holguin et al v. Amguard Insurance Company et al
Plaintiff: Sheena Holguin, Carlos Holguin and andrew Holguin
Defendant: AMGUARD INSURANCE COMPANY, a Pennsylvania Corporation, Berkshire Hathaway GUARD Insurance Company, Amguard Insurance Company and Does 1 through 10, inclusive
Case Number: 2:2023cv08345
Filed: October 4, 2023
Court: US District Court for the Central District of California
Presiding Judge: Margo A Rocconi
Referring Judge: John F Walter
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441 Notice of Removal - Breach of Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 16, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 30, 2023 Opinion or Order Filing 33 MINUTES (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION DEFENDANT AMGUARD INSURANCE COMPANY'S MOTION TO DISMISS THE PLAINTIFF'S COMPLAINT; MOTION TO STAY IN THE ALTERNATIVE [filed 11/1/23; DocketNo. #26 ] by Judge John F. Walter. The Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for December 4, 2023 is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (iv)
November 22, 2023 Filing 32 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Case #26 (Attachments: #1 Proposed Order)(Martini, Elisabeth)
November 22, 2023 Filing 31 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Defendant Amguard Insurance Company. (Attachments: #1 Exhibit Motion for Reconsideration, #2 Exhibit Order re Motion for Reconsideration, #3 Exhibit Notice of Appeal, #4 Proposed Order Proposed Order)(Martini, Elisabeth)
November 20, 2023 Filing 30 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Defendant Amguard Insurance Company. (Martini, Elisabeth)
November 13, 2023 Filing 29 OPPOSITION TO MOTION TO DISMISS THE PLAINTIFFS COMPLAINT AND MOTION TO STAY IN THE ALTERNATIVE [Doc 26] re: NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Plaintiffs Carlos Holguin, Sheena Holguin, Andrew Holguin. (Teller, Jonathan)
November 1, 2023 Opinion or Order Filing 28 SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 8/2/2024 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 8/9/2024 at 8:00 AM. Jury Trial set for 8/20/2024 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
November 1, 2023 Opinion or Order Filing 27 ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on November 13, 2023 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time The Court, having considered the parties Request: ADR Procedure Selection, the Notice toParties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed.R. Civ. P. 26(f) and Civil L.R. 26-1, hereby orders this case referred to: ADR Procedure No. 3: Private mediation. The ADR proceeding is to be completed no later than: April 1, 2024. (iv)
November 1, 2023 Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Amguard Insurance Company. Motion set for hearing on 12/4/2023 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Exhibit Notice of Appeal) (Martini, Elisabeth)
October 31, 2023 Filing 25 Text Entry Order: The Court cannot approve the joint Consent to Proceed before a US Magistrate Judge with #19 because the parties have not chosen a Magistrate Judge from the Voluntary Consent List. Counsel shall refile their corrected request for the Court to consider. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
October 31, 2023 Filing 24 Text Entry Order STRIKING MOTION to Dismiss Case #22 for the reason stated in the Clerk's Notice to Filer of Deficiencies #23 .THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
October 30, 2023 Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Motion to Dismiss Case #22 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. 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. (iv)
October 27, 2023 Filing 22 *Stricken* NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Amguard Insurance Company. (Martini, Elisabeth) Modified on 10/31/2023 (sr).
October 27, 2023 Filing 21 JOINT FRCP 26 REPORT filed by Defendants Amguard Insurance Company, Berkshire Hathaway Guard Insurance Company. (Martini, Elisabeth)
October 27, 2023 Filing 20 7.3 Conference REPORT filed by Defendants Amguard Insurance Company, Berkshire Hathaway Guard Insurance Company. (Martini, Elisabeth)
October 27, 2023 Filing 19 NOTICE OF LODGING filed re Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #9 (Attachments: #1 Statement of Consent to Magistrate Judge)(Martini, Elisabeth)
October 26, 2023 Filing 18 DECLARATION of Jonathan C. Teller LEAD TRIAL COUNSEL FOR PLAINTIFFS filed by Plaintiffs Carlos Holguin, Sheena Holguin, Andrew Holguin. (Teller, Jonathan)
October 26, 2023 Filing 17 STIPULATION to Dismiss Defendant Berkshire Hathaway Guard Insurance Company filed by Defendant Amguard Insurance Company, Berkshire Hathaway Guard Insurance Company.(Martini, Elisabeth)
October 26, 2023 Filing 16 NOTICE of Interested Parties filed by Defendant Amguard Insurance Company, identifying WestGuard Insurance Company, National Indemnity Company, Berkshire Hathaway, Inc.. (Martini, Elisabeth)
October 20, 2023 Filing 15 DECLARATION of Elizabeth E. Martini re Lead Trial Counsel filed by Defendants Amguard Insurance Company, Berkshire Hathaway Guard Insurance Company. (Martini, Elisabeth)
October 12, 2023 Opinion or Order Filing 14 ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Jean P. Rosenbluth. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Jean P. Rosenbluth to Magistrate Judge Margo A. Rocconi for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:23-cv-08345 JFW(MARx). (rn) Modified on 10/13/2023 (rn).
October 11, 2023 Opinion or Order Filing 13 MINUTE (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for November 13, 2023 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before October 27, 2023. (iv)
October 11, 2023 Filing 12 TEXT ENTRY ORDER STRIKING: MOTION to Dismiss Case filed by Defendant AMGUARD INSURANCE COMPANY #4 and MOTION to Dismiss Case filed by Defendant Berkshire Hathaway GUARD Insurance Company #5 . Counsel shall refile in accordance with the Court's Standing Order #11 .THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
October 11, 2023 Opinion or Order Filing 11 STANDING ORDER by Judge John F. Walter. (sr)
October 11, 2023 Filing 10 TEXT ONLY ENTRY ORDER DISMISSING DOES: Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the action as to Doe Defendants 11 through 50, inclusive. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
October 10, 2023 Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car)
October 10, 2023 Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
October 10, 2023 Filing 7 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Jean P. Rosenbluth. (car)
October 9, 2023 Filing 6 First NOTICE of Appearance filed by attorney Jonathan C Teller on behalf of Plaintiffs Carlos Holguin, Sheena Holguin, andrew Holguin (Attachments: #1 Memorandum)(Attorney Jonathan C Teller added to party Carlos Holguin(pty:pla), Attorney Jonathan C Teller added to party Sheena Holguin(pty:pla), Attorney Jonathan C Teller added to party andrew Holguin(pty:pla))(Teller, Jonathan)
October 6, 2023 Filing 5 *Stricken* NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Berkshire Hathaway GUARD Insurance Company. (Attachments: #1 Exhibit Notice of Appeal) (Martini, Elisabeth) Modified on 10/11/2023 (sr).
October 6, 2023 Filing 4 *Strickenb* NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant AMGUARD INSURANCE COMPANY, a Pennsylvania Corporation. (Attachments: #1 Exhibit Notice of Appeal) (Martini, Elisabeth) Modified on 10/11/2023 (sr).
October 4, 2023 CONFORMED COPY OF COMPLAINT against Defendants Amguard Insurance Company, Berkshire Hathaway Guard Insurance Company, Does 1 through 50, inclusive. Jury Demanded, filed by Plaintiffs Sheena Holguin, Andrew Holguin, Carlos Holguin. Filed in State Court on 8/30/2023 Submitted with Attachment 2 to Notice of Removal #1 (car)
October 4, 2023 Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendants AMGUARD INSURANCE COMPANY, a Pennsylvania Corporation, Berkshire Hathaway GUARD Insurance Company identifying Berkshire Hathaway as Corporate Parent. (Martini, Elisabeth)
October 4, 2023 Filing 2 CIVIL COVER SHEET filed by Defendants AMGUARD INSURANCE COMPANY, a Pennsylvania Corporation, Berkshire Hathaway GUARD Insurance Company. (Martini, Elisabeth)
October 4, 2023 Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court - Glendale, case number 23GDCV01860 Receipt No: ACACDC-36160799 - Fee: $402, filed by Defendant AMGUARD INSURANCE COMPANY, a Pennsylvania Corporation, Berkshire Hathaway GUARD Insurance Company. (Attachments: #1 Exhibit Summons, #2 Exhibit Complaint) (Attorney Elisabeth E Martini added to party AMGUARD INSURANCE COMPANY, a Pennsylvania Corporation(pty:dft), Attorney Elisabeth E Martini added to party Berkshire Hathaway GUARD Insurance Company(pty:dft))(Martini, Elisabeth)

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Plaintiff: Sheena Holguin
Represented By: Jonathan C Teller
Represented By: Bobby Saadian
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Plaintiff: Carlos Holguin
Represented By: Jonathan C Teller
Represented By: Bobby Saadian
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Plaintiff: andrew Holguin
Represented By: Bobby Saadian
Represented By: Jonathan C Teller
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Defendant: AMGUARD INSURANCE COMPANY, a Pennsylvania Corporation
Represented By: Elisabeth E Martini
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Defendant: Berkshire Hathaway GUARD Insurance Company
Represented By: Elisabeth E Martini
Represented By: Mark C Phillips
Represented By: Zachary Lee Hamilton
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Defendant: Amguard Insurance Company
Represented By: Elisabeth E Martini
Represented By: Mark C Phillips
Represented By: Zachary Lee Hamilton
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Defendant: Does 1 through 10, inclusive
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