Sonia Agresti et al v. Federal Insurance Company et al
| Sonia Agresti and David Yeomans |
| Federal Insurance Company, Does 1 to 10, inclusive and The Chubb Corporation doing business as Chubb Group Of Insurance Companies |
| 2:2024cv08826 |
| October 14, 2024 |
| US District Court for the Central District of California |
| Margo A Rocconi |
| Josephine L Staton |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 12, 2024. A more recent docket listing may be available from PACER.
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| Filing 18 TRANSMITTAL of documents to Los Angeles County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles County Superior Court - Stanley Mosk Courthouse. Case number: 23STCV09598. (jp) |
Filing 17
MINUTES (IN CHAMBERS) ORDER GRANTING Plaintiffs' Motion to Remand (Doc. #14 ) by Judge Josephine L. Staton: The Court GRANTS Plaintiffs' Motion and REMANDSthis action to Los Angeles County Superior Court, Case No. 23STCV09598. (MD JS-6. Case Terminated.) (jp)
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| Filing 16 REPLY reply in support of a motion NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #14 filed by Plaintiff Sonia Agresti. (Sahak, Matthew) |
| Filing 15 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #14 filed by Defendant Federal Insurance Company. (Attachments: #1 Declaration of Peter J. Felsenfeld, Exhibits A-D)(Felsenfeld, Peter) |
| Filing 14 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Sonia Agresti, David Yeomans. Motion set for hearing on 12/13/2024 at 10:30 AM before Judge Josephine L. Staton. (Charlin, Stephanie) |
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Filing 13
MINUTE (IN CHAMBERS) ORDER Re Untimely Removal and Requiring Response By Plaintiff by Judge Josephine L. Staton: It appears to the Court that Section 1446(c)(1) applies here. Because untimely removal is a procedural, not a jurisdictional, defect, see Smith v. Mylan Inc., 761 F.3d 1042, 1045-46 (9th Cir. 2014); no later than 11/8/2024, Plaintiff shall file either a notice of waiver of the defect or a motion to remand. (jp)
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Filing 12
ORDER SETTING SCHEDULING CONFERENCE by Judge Josephine L. Staton. Rule 26 Meeting Report due by 1/17/2025. Scheduling Conference set for 1/31/2025 at 10:30 AM before Judge Josephine L. Staton. (kd)
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Filing 11
INITIAL STANDING ORDER upon filing of the complaint by Judge Josephine L. Staton. (kd)
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| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint for failure to state a claim upon which relief can be granted filed by defendant Federal Insurance Company. Motion set for hearing on 1/31/2025 at 10:30 AM before Judge Josephine L. Staton. (Felsenfeld, Peter) |
| Filing 9 Notice of Appearance or Withdrawal of Counsel: for attorney Robert J Romero counsel for Defendant Federal Insurance Company. Adding Robert John Romero as counsel of record for Federal Insurance Company for the reason indicated in the G-123 Notice. Filed by defendant Federal Insurance Company. (Romero, Robert) |
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Filing 8
ORDER TO REASSIGN CASE Pursuant to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. (identical case) by Judge Percy Anderson, Case Management and Assignment Committee Chair. Case transferred to the calendar of Judge Josephine L. Staton for all further proceedings. All discovery matters are transferred to Magistrate Judge Margo A. Rocconi. Case number now reads as 2:24-cv-08826 JLS(MARx). (rn)
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| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Terry J. Hatter, Jr and Magistrate Judge Jacqueline Chooljian. (car) |
| CONFORMED COPY OF ORDER OF DISMISSAL filed by Plaintiffs Sonia Agresti, David Yeomans. On the motion of the Court, pursuant to an oral request made by Plaintiff is is hereby ordered that the within action is dismissed without prejudice as to Matthew Witcher. Filed in State Court on 6/25/2024 Submitted with Attachment 20 Exhibit S to Notice of Removal #1 (car) |
| CONFORMED COPY OF FIRST AMENDED COMPLAINT against Defendants Does 1 to 10, inclusive, Federal Insurance Company, The Chubb Corporation, Matthew Witcher amending Complaint - (Discovery),, filed by Plaintiffs Sonia Agresti, David Yeomans. Filed in State Court on 9/12/2024 Submitted with Attachment 25 Exhibit X to Notice of Removal #1 (car) |
| NON-CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiffs Sonia Agresti, David Yeomans, upon Defendant The Chubb Corporation served on 5/12/2023, answer due 6/2/2023. Service of the Summons and Complaint were executed upon CT Corporation System, Registered Agent, by serving Daisy Montenegro - Agent for Service of Process in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Submitted with Attachment 14 Exhibit M to Notice of Removal #1 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiffs Sonia Agresti, David Yeomans, upon Defendant Federal Insurance Company served on 5/11/2023, answer due 6/1/2023. Service of the Summons and Complaint were executed upon CT Corporation System, Registered Agent, by serving Emmanuel Jacobo - Authorized Agent in compliance with California Code of Civil Procedure by personal service. Filed in State Court on 5/22/2023 Submitted with Attachment 13 Exhibit L to Notice of Removal #1 (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1 to 10, inclusive, Federal Insurance Company, The Chubb Corporation, Matthew Witcher. Jury Demanded, filed by Plaintiffs Sonia Agresti, David Yeomans. Filed in State Court on 4/28/2023 Submitted with Attachment 2 Exhibit A to Notice of Removal #1 (car) |
| Filing 4 CERTIFICATE of Interested Parties filed by defendant Federal Insurance Company, (Felsenfeld, Peter) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant Federal Insurance Company identifying Chubb INA Holdings Inc. as Corporate Parent. (Felsenfeld, Peter) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Federal Insurance Company. (Felsenfeld, Peter) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 23STCV09598 Receipt No: ACACDC-38391843 - Fee: $405, filed by defendant Federal Insurance Company. (Attachments: #1 Declaration of Peter J. Felsenfeld, #2 Exhibit A - Complaint, #3 Exhibit B - State Civil Cover Sheet, #4 Supplement C - Summons, #5 Exhibit D - State Court Docket, #6 Exhibit E - ADR Packet, #7 Exhibit F - Order re E-filing, #8 Exhibit G - Litigation Packet, #9 Exhibit H - Notice of Case Assignment, #10 Exhibit I - Notice of CMC, #11 Exhibit J - OSC Notice, #12 Exhibit K - Posting Jury Fees, #13 Exhibit L - POS on Federal, #14 Exhibit M - POS on Chubb, #15 Exhibit N - Notice of Removal, #16 Exhibit O - Federal Court Notice of Remand, #17 Exhibit P - Notice of CMC, #18 Exhibit Q - Plaintiff CMS, #19 Exhibit R - Federal CMS, #20 Exhibit S - Dismissal of Witcher, #21 Exhibit T - Federal Demurrer, #22 Exhibit U - RJN Supporting Demurrer, #23 Exhibit V - Plaintiffs CMS, #24 Exhibit W - Federal CMS, #25 Exhibit X - First Amended Complaint, #26 Exhibit Y - Notice of Ruling, #27 Exhibit Z - Withdrawal of Demurrer, #28 Supplement AA - 092324 Email) (Attorney Peter J Felsenfeld added to party Federal Insurance Company(pty:dft))(Felsenfeld, Peter) |
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