Liberty Mutual Insurance Company v. ProLogis, Inc. et al
| Liberty Mutual Insurance Company |
| ProLogis, Inc., Raul Saldana and Joshua Levine |
| 2:2024mc00009 |
| January 19, 2024 |
| US District Court for the Central District of California |
| Percy Anderson |
| Rozella A Oliver |
| Other Statutory Actions |
| None |
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| Filing 28 MINUTES (IN CHAMBERS) by Magistrate Judge Rozella A. Oliver: GRANTING IN PART Liberty Mutual Insurance Company's Motion for Order to Compel Prologis, Inc. to Comply with a Document Subpoena and Compel Respondents Prologis, Inc., Raul Saldana, and Joshua Levine to Comply with Subpoenas to Appear for Depositions #1 . The Court finds the matter suitable for disposition without oral argument. The February 21, 2024 hearing is HEREBY VACATED. See order for further details. (RAO) |
| Filing 27 SCHEDULING NOTICE IN CHAMBERS - TEXT ONLY - by Magistrate Judge Rozella A. Oliver re: Amended NOTICE OF MOTION AND MOTION for Order for AN ORDER TO (1) COMPEL PROLOGIS, INC. TO COMPLY WITH A DOCUMENT SUBPOENA AND (2) COMPEL RESPONDENTS PROLOGIS, INC., RAUL SALDANA, AND JOSHUA LEVINE TO COMPLY WITH SUBPOENAS TO APPEAR FOR DEPOSITION |
| Filing 26 REPLY in support to motion Amended NOTICE OF MOTION AND MOTION for Order for AN ORDER TO (1) COMPEL PROLOGIS, INC. TO COMPLY WITH A DOCUMENT SUBPOENA AND (2) COMPEL RESPONDENTS PROLOGIS, INC., RAUL SALDANA, AND JOSHUA LEVINE TO COMPLY WITH SUBPOENAS TO APPEAR FOR DEPOSITION 17 filed by Petitioner Liberty Mutual Insurance Company. (Attachments: #1 Declaration of John A.V.Nicoletti in Further Support of Motion, #2 Exhibit 1 to Declaration of John A. V. Nicoletti, #3 Exhibit 2 to Declaration of John A. V. Nicoletti, #4 Exhibit 3 to Declaration of John A. V. Nicoletti, #5 Supplement Certificate of Service)(Lerner, Neil) |
| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance or Withdrawal of Counsel (G-123),, #21 , Notice of Appearance or Withdrawal of Counsel (G-123), #23 . The following error(s) was/were found: Erroneous email in Section I for attorney. 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. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 24 OPPOSITION TO PETITIONER LIBERTY MUTUAL INSURANCE COMPANYS NOTICE OF MOTION AND MOTION FOR AN ORDER TO (1) COMPEL PROLOGIS, INC. TO COMPLY WITH A DOCUMENT SUBPOENA AND (2) COMPEL RESPONDENTS PROLOGIS, INC., RAUL SALDANA, AND JOSHUA LEVINE TO COMPLY WITH SUBPOENAS TO APPEAR FOR DEPOSITION re: Amended NOTICE OF MOTION AND MOTION for Order for AN ORDER TO (1) COMPEL PROLOGIS, INC. TO COMPLY WITH A DOCUMENT SUBPOENA AND (2) COMPEL RESPONDENTS PROLOGIS, INC., RAUL SALDANA, AND JOSHUA LEVINE TO COMPLY WITH SUBPOENAS TO APPEAR FOR DEPOSITION 17 filed by Respondents Joshua Levine, ProLogis, Inc., Raul Saldana. (Attachments: #1 Declaration DECLARATION OF FRED M. BLUM IN SUPPORT OF RESPONDENTS PROLOGIS, INC., RAUL SALDANA AND JOSHUA LEVINES OPPOSITION TO PETITIONER LIBERTY MUTUAL INSURANCE COMPANYS NOTICE OF MOTION AND MOTION FOR AN ORDER TO (1) COMPEL PROLOGIS, INC. TO COMPLY WITH A DOCUMENT SUBPOENA AND (2) COMPEL RESPONDENTS PROLOGIS, INC., RAUL SALDANA, AND JOSHUA LEVINE TO COMPLY WITH SUBPOENAS TO APPEAR FOR DEPOSITION)(Wiley-Walker, Caitlin) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Caitlin Brigitte Wiley-Walker counsel for Respondents Joshua Levine, ProLogis, Inc., Raul Saldana. Adding FRED M. BLUM as counsel of record for Respondents PROLOGIS, INC., RAUL SALDANA and JOSHUA LEVINE for the reason indicated in the G-123 Notice. Filed by Respondents PROLOGIS, INC., RAUL SALDANA and JOSHUA LEVINE. (Wiley-Walker, Caitlin) |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Caitlin Brigitte Wiley-Walker counsel for Respondents Joshua Levine, ProLogis, Inc., Raul Saldana. Adding CAITLIN B. WILEY-WALKER, as counsel of record for Respondents PROLOGIS, INC., RAUL SALDANA and JOSHUA LEVINE for the reason indicated in the G-123 Notice. Filed by Respondents PROLOGIS, INC., RAUL SALDANA and JOSHUA LEVINE. (Attorney Caitlin Brigitte Wiley-Walker added to party Joshua Levine(pty:res), Attorney Caitlin Brigitte Wiley-Walker added to party ProLogis, Inc.(pty:res), Attorney Caitlin Brigitte Wiley-Walker added to party Raul Saldana(pty:res))(Wiley-Walker, Caitlin) |
| Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney Michael E Gallagher, Jr counsel for Respondents Joshua Levine, ProLogis, Inc., Raul Saldana. Adding MICHAEL E. GALLAGHER as counsel of record for Respondents PROLOGIS, INC., RAUL SALDANA and JOSHUA LEVINE for the reason indicated in the G-123 Notice. Filed by Respondents PROLOGIS, INC., RAUL SALDANA and JOSHUA LEVIN. (Attorney Michael E Gallagher, Jr added to party Joshua Levine(pty:res), Attorney Michael E Gallagher, Jr added to party ProLogis, Inc.(pty:res), Attorney Michael E Gallagher, Jr added to party Raul Saldana(pty:res))(Gallagher, Michael) |
| Filing 19 Certificate of Service by Federal Express and U. S. Mail filed by Petitioner Liberty Mutual Insurance Company re: MISC - Motion Related to Subpoena from Another District,,,,,, #1 (Lerner, Neil) |
Filing 20
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Percy Anderson. APPLICATION of Attorney John A. V. Nicoletti to Appear Pro Hac Vice on behalf of Petitioner Liberty Mutual Insurance Company, designating Neil S. Lerner as local counsel GRANTED.; granting #14 Non-Resident Attorney John A. V. Nicoletti. (aco)
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| Filing 17 Amended NOTICE OF MOTION AND MOTION for Order for AN ORDER TO (1) COMPEL PROLOGIS, INC. TO COMPLY WITH A DOCUMENT SUBPOENA AND (2) COMPEL RESPONDENTS PROLOGIS, INC., RAUL SALDANA, AND JOSHUA LEVINE TO COMPLY WITH SUBPOENAS TO APPEAR FOR DEPOSITION NOTICE OF MOTION AND MOTION FOR AN ORDER TO (1) COMPEL PROLOGIS, INC. TO COMPLY WITH A DOCUMENT SUBPOENA AND (2) COMPEL RESPONDENTS PROLOGIS, INC., RAUL SALDANA, AND JOSHUA LEVINE TO COMPLY WITH SUBPOENAS TO APPEAR FOR DEPOSITION Docket 01 filed by Petitioner, Liberty Mutual Insurance Company Liberty Mutual Insurance Company. Motion set for hearing on 2/21/2024 at 10:00 AM before Magistrate Judge Rozella A. Oliver. (Attachments: #1 Supplement Certificate of Service for Amended Notice of Motion) (Lerner, Neil) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: MISC - Motion Related to Subpoena from Another District, #1 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. 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. You need not take any action in response to this notice unless and until the Court directs you to do so. (rolm) |
| Filing 15 Corrected APPLICATION of Non-Resident Attorney Robert Andrew Novak to Appear Pro Hac Vice on behalf of Petitioner Liberty Mutual Insurance Company (Pro Hac Vice Fee - $500.00 Previously Paid on 1/25/2024, Receipt No. 36796636) filed by Petitioner, Liberty Mutual Insurance Company Liberty Mutual Insurance Company. (Attachments: #1 Proposed Order for Application for Pro Hac Vice) (Lerner, Neil) |
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Filing 18
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #13 #15 by Judge Percy Anderson. APPLICATION to Appear Pro Hac Vice on behalf of Petitioner Liberty Mutual Insurance Company, designating Neil S. Lerner as local counsel. Granting #13 #15 Non-Resident Attorney Robert Novak (rolm)
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| Filing 14 Corrected APPLICATION of Non-Resident Attorney John A. V. Nicoletti to Appear Pro Hac Vice on behalf of Petitioner Liberty Mutual Insurance Company (Pro Hac Vice Fee - $500.00 Previously Paid on 1/25/2024, Receipt No. 5489678) filed by Petitioner Liberty Mutual Insurance Company Liberty Mutual Insurance Company. (Attachments: #1 Proposed Order to Pro Hac Vice Application) (Lerner, Neil) |
| Filing 13 APPLICATION of Non-Resident Attorney Robert A. Novak to Appear Pro Hac Vice on behalf of Petitioner Liberty Mutual Insurance Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36796636) filed by Petitioner Liberty Mutual Insurance Company Liberty Mutual Insurance Company. (Attachments: #1 Proposed Order to Application for Pro Hac Vice) (Lerner, Neil) |
| Filing 12 Certificate for Pro Hac Vice Application for John A. V. Nicoletti #11 filed by Petitioner Liberty Mutual Insurance Company re: APPLICATION of Non-Resident Attorney John A. V. Nicoletti to Appear Pro Hac Vice on behalf of Petitioner Liberty Mutual Insurance Company (Pro Hac Vice Fee - $500.00 Previously Paid on 1/25/2024, Receipt No. 36796171) #11 (Lerner, Neil) |
| Filing 11 APPLICATION of Non-Resident Attorney John A. V. Nicoletti to Appear Pro Hac Vice on behalf of Petitioner Liberty Mutual Insurance Company (Pro Hac Vice Fee - $500.00 Previously Paid on 1/25/2024, Receipt No. 36796171) filed by Petitioner Liberty Mutual Insurance Company Liberty Mutual Insurance Company. (Attachments: #1 Proposed Order to Application for Pro Hac Vice) (Lerner, Neil) |
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Filing 10
ORDER TO REASSIGN CASE due to self-recusal pursuant to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges.by Judge Otis D. Wright, II. Case transferred from Judge Otis D. Wright, II to the calendar of Judge Percy Anderson for all further proceedings. Case number now reads as 2:24-mc-00009 PA(RAOx). (rn)
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| Filing 9 Notice of Pendency of Other Actions or Proceedings [L.R. 83-1.4] filed by Petitioner Liberty Mutual Insurance Company. (Attachments: #1 Supplement Certificate of Service)(Lerner, Neil) |
| Filing 8 CERTIFICATE of Interested Parties filed by Petitioner Liberty Mutual Insurance Company, identifying Liberty Mutual Insurance Company, Liberty Mutual Holding Company, Day to Day Imports, Inc., Oxgord, Inc., Stanzino, Inc.. (Attachments: #1 Supplement Certificate of Service)(Lerner, Neil) |
| Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Douglas K. Scheller. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) |
| Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Robert Novak. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) |
| Filing 5 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney John A. V. Nicoletti. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) |
| Filing 4 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (lh) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Rozella A. Oliver. (lh) |
| Filing 2 Certificate of Service filed by Petitioner Liberty Mutual Insurance Company re: MISC - Motion Related to Subpoena from Another District,,,,,, #1 (Lerner, Neil) |
| Filing 1 MOTION RELATED TO A SUBPOENA FROM ANOTHER DISTRICT Receipt No: ACACDC-36757428 - Fee: $52, filed by Petitioner, Liberty Mutual Insurance Company Liberty Mutual Insurance Company. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Declaration of John A.V. Nicoletti in Support of Motion, #3 Exhibit 1 to Declaration of John A. V. Nicoletti, #4 Exhibit 2 to Declaration of John A. V. Nicoletti, #5 Exhibit 3 to Declaration of John A. V. Nicoletti, #6 Exhibit 4 to Declaration of John A. V. Nicoletti, #7 Exhibit 5 to Declaration of John A. V. Nicoletti, #8 Exhibit 6 to Declaration of John A. V. Nicoletti, #9 Exhibit 7 to Declaration of John A. V. Nicoletti, #10 Exhibit 8 to Declaration of John A. V. Nicoletti, #11 Exhibit 9 to Declaration of John A. V. Nicoletti, #12 Exhibit 10 to Declaration of John A. V. Nicoletti, #13 Exhibit 11 to Declaration of John A. V. Nicoletti, #14 Exhibit 12 to Declaration of John A. V. Nicoletti, #15 Exhibit 13 to Declaration of John A. V. Nicoletti, #16 Exhibit 14 to Declaration of John A. V. Nicoletti, #17 Exhibit 15 to Declaration of John A. V. Nicoletti, #18 Exhibit 16 to Declaration of John A. V. Nicoletti, #19 Exhibit 17to Declaration of John A. V. Nicoletti, #20 Exhibit 18 to Declaration of John A. V. Nicoletti, #21 Exhibit 19 to Declaration of John A. V. Nicoletti, #22 Exhibit 20 to Declaration of John A. V. Nicoletti, #23 Proposed Order) (Attorney Neil S. Lerner added to party Liberty Mutual Insurance Company(pty:pet))(Lerner, Neil) |
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