Infinity Insurance Company v. Donald John Wotherspoon et al
| Infinity Insurance Company |
| Donald John Wotherspoon, Jaime Ruth Horwitz Wotherspoon and Does 1 through 10, inclusive |
| 2:2025cv05721 |
| June 23, 2025 |
| U.S. District Court for the Central District of California |
| Fernando L Aenlle-Rocha |
| Stephanie S Christensen |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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| Filing 42 Notice of Supplemental Authority regarding Defendants' Motion for Judicial Abstention and Dismissal, or in the Alternative, for a Stay filed by Plaintiff Infinity Insurance Company. (Danaher, Charles) |
| Filing 41 NOTICE of Related Case(s) filed by Plaintiff Infinity Insurance Company. Related Case(s): 2:25-CV-09761 (Zhordania, Theona) |
Filing 40
SCHEDULING AND TRIAL ORDER ORDER by Judge Fernando L. Aenlle-Rocha: Final Pretrial Conference set for 1/8/2027 01:30 PM; Jury Trial set for 2/2/2027 08:15 AM ; Motion in Limine set for hearing on 1/8/2027 at 01:30 PM (SEE DOCUMENT FOR COMPLIANCE REQUIREMENTS AND ALL SPECIFIED DEADLINES). (lc)
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Filing 39
ORDER/REFERRAL to ADR Procedure No 3 by Judge Fernando L. Aenlle-Rocha. 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 12/4/26. (doc)
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| Filing 38 (IN CHAMBERS) ORDER by Fernando L. Aenlle-Rocha: 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 10/10/25, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (doc) TEXT ONLY ENTRY |
| Filing 37 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4-7 Court Days, filed by Plaintiff Infinity Insurance Company.. (Attachments: #1 Standard Schedule of PreTrial and Trial Dates Worksheet)(Zhordania, Theona) |
| Filing 36 OBJECTION to Defendants' Response (Dkt. No. 31) re: NOTICE OF MOTION AND MOTION to Dismiss Case and Judicial Abstention or, in the Alternative, for a Stay #18 filed by Plaintiff Infinity Insurance Company. (Danaher, Charles) |
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Filing 35
(IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: The stipulation to continue hearing Date (Dkt. #30 ) is denied as moot. Refer to CM/ECF (Dkt. 34 ). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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Filing 34
(IN CHAMBERS) ORDER TAKING MOTION OF DEFENDANTS JAIME RUTH HORWITZ WOTHERSPOON ET AL TO DISMISS CASE (DKT. #18 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the Motion to Dismiss Case currently scheduled for hearing on September 12, 2025, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 33 Notice of Remand filed by plaintiff Jaime Ruth Horwitz Wotherspoon, Donald John Wotherspoon. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Eli, Daniel) |
| Filing 32 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case and Judicial Abstention or, in the Alternative, for a Stay #18 filed by Defendants Jaime Ruth Horwitz Wotherspoon, Donald John Wotherspoon. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Eli, Daniel) |
| Filing 31 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Case and Judicial Abstention or, in the Alternative, for a Stay #18 filed by Defendants Jaime Ruth Horwitz Wotherspoon, Donald John Wotherspoon. (Eli, Daniel) |
| Filing 30 Joint STIPULATION to Continue the Hearing Date from September 12, 2025 to September 26, 2025 Re: NOTICE OF MOTION AND MOTION to Dismiss Case and Judicial Abstention or, in the Alternative, for a Stay #18 filed by Plaintiff Infinity Insurance Company. (Attachments: #1 Proposed Order)(Danaher, Charles) |
| Filing 29 OBJECTION to New Arguments Raised for the First Time re: NOTICE OF MOTION AND MOTION to Dismiss Case and Judicial Abstention or, in the Alternative, for a Stay #18 filed by Plaintiff Infinity Insurance Company. (Danaher, Charles) |
| Filing 28 REPLY In Support NOTICE OF MOTION AND MOTION to Dismiss Case and Judicial Abstention or, in the Alternative, for a Stay #18 filed by Defendants Jaime Ruth Horwitz Wotherspoon, Donald John Wotherspoon. (Attachments: #1 Declaration Supplemental Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Aziev, Artur) |
| Filing 27 NOTICE of Related Case(s) filed by Plaintiff Infinity Insurance Company. Related Case(s): 2:25-cv-07888-PA-AGR (Zhordania, Theona) |
| Filing 26 OPPOSITION in Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case and Judicial Abstention or, in the Alternative, for a Stay #18 filed by Plaintiff Infinity Insurance Company. (Attachments: #1 Declaration of Mitchell Silverman, #2 Exhibit 1, #3 Declaration of Theona Zhordania, #4 Exhibit 2, #5 Exhibit 3, #6 Proposed Order)(Zhordania, Theona) |
| Filing 25 NOTICE of Interested Parties filed by Defendants Jaime Ruth Horwitz Wotherspoon, Donald John Wotherspoon, (Aziev, Artur) |
| Filing 24 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel Eli counsel for Defendants Jaime Ruth Horwitz Wotherspoon, Donald John Wotherspoon. Adding Daniel Eli as counsel of record for Donald John Wotherspoon and Jaime Ruth Horwitz Wotherspoon for the reason indicated in the G-123 Notice. Filed by Defendants Donald John Wotherspoon and Jaime Ruth Horwitz Wotherspoon. (Attorney Daniel Eli added to party Jaime Ruth Horwitz Wotherspoon(pty:dft), Attorney Daniel Eli added to party Donald John Wotherspoon(pty:dft))(Eli, Daniel) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Khail A Parris counsel for Defendants Jaime Ruth Horwitz Wotherspoon, Donald John Wotherspoon. Adding Khail A. Parris as counsel of record for Donald John Wotherspoon and Jaime Ruth Horwitz Wotherspoon for the reason indicated in the G-123 Notice. Filed by Defendants Donald John Wotherspoon and Jaime Ruth Horwitz Wotherspoon. (Attorney Khail A Parris added to party Jaime Ruth Horwitz Wotherspoon(pty:dft), Attorney Khail A Parris added to party Donald John Wotherspoon(pty:dft))(Parris, Khail) |
| Filing 22 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Defendants Jaime Ruth Horwitz Wotherspoon, Donald John Wotherspoon's NOTICE OF MOTION AND MOTION to Dismiss Case and Judicial Abstention or, in the Alternative, for a Stay #18 by Judge Fernando L. Aenlle-Rocha. A notice of interested parties shall be filed no later than 5 days from entry of this Order. (lc) |
| Filing 21 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Proof of Service (subsequent documents) #15 by Judge Fernando L. Aenlle-Rocha. The document is stricken.The Filer is directed to file a corrected document: Service of Summons and Complaint Returned Executed (21 days). (lc) |
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Filing 20
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 10/10/2025 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (tf)
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| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Defendants Jaime Ruth Horwitz Wotherspoon and Donald John Wotherspoon's NOTICE OF MOTION AND MOTION to Dismiss Case and Judicial Abstention or, in the Alternative, for a Stay #18 . The following error(s) was/were found: Local Rule 7.1-1 no notice of interested parties. 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. (lc) |
| Filing 18 NOTICE OF MOTION AND MOTION to Dismiss Case and Judicial Abstention or, in the Alternative, for a Stay filed by Defendants Jaime Ruth Horwitz Wotherspoon, Donald John Wotherspoon. Motion set for hearing on 9/12/2025 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Artur Aziev, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Request for Judicial Notice, #10 Proposed Order) (Aziev, Artur) |
| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Artur Aziev counsel for Defendants Jaime Ruth Horwitz Wotherspoon, Donald John Wotherspoon. Adding Artur Aziev as counsel of record for Donald John Wotherspoon and Jaime Ruth Horwitz Wotherspoon for the reason indicated in the G-123 Notice. Filed by Defendants Donald John Wotherspoon and Jaime Ruth Horwitz Wotherspoon. (Attorney Artur Aziev added to party Jaime Ruth Horwitz Wotherspoon(pty:dft), Attorney Artur Aziev added to party Donald John Wotherspoon(pty:dft))(Aziev, Artur) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Proof of Service (subsequent documents) #15 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Service of Summons and Complaint Returned Executed (21 days).. Proof of service was not on a subsequent document, but the Initiating First Amended Complaint. Due to incorrect event docket entry incomplete as to who, how and when service of process was made; Missing CM system's calculation of Answer due date. Other error(s) with document(s): Although filer's format is the Type usually attached at the end of document...The Cited correct event is applicable to separately filed proofs of service of any type of complaint.. 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. (lc) |
| Filing 15 (STRICKEN PER 8/18/2025 COURT'S G112B RESPONSE DOCKET NO. 21).PROOF OF SERVICE filed by Plaintiff Infinity Insurance Company, re Amended Complaint/Petition, #14 served on July 24, 2025. (Zhordania, Theona) Modified on 8/18/2025 (lc). |
| Filing 14 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Infinity Insurance Company (Attachments: #1 Exhibit A - Application, #2 Exhibit B - Declaration Page and Policy, #3 Exhibit C - Stipulated Judgment)(Zhordania, Theona) |
| Filing 13 PROOF OF SERVICE filed by Plaintiff Infinity Insurance Company, re Initial Order upon Filing of Complaint - form only #12 served on 07/14/2025. (Zhordania, Theona) |
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Filing 12
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (tf)
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| Filing 11 PROOF OF SERVICE Executed by Plaintiff Infinity Insurance Company, upon Defendant Jaime Ruth Horwitz Wotherspoon served on 7/3/2025, answer due 7/24/2025. Service of the Summons and Complaint were executed upon Defendant, Jaime Ruth Horwitz Wotherspoon in compliance with Federal Rules of Civil Procedure by personal service (Zhordania, Theona) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Infinity Insurance Company, upon Defendant Donald John Wotherspoon served on 7/3/2025, answer due 7/24/2025. Service of the Summons and Complaint were executed upon Defendant, Donald John Wotherspoon in compliance with Federal Rules of Civil Procedure by personal service (Zhordania, Theona) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Jaime Ruth Horwitz Wotherspoon, Donald John Wotherspoon. (Attachments: #1 Summons for Defendant Jaime Ruth Horwitz Wotherspoon) (et) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Fernando L Aenlle-Rocha and Magistrate Judge Stephanie S. Christensen. (et) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Infinity Insurance Company identifying Kemper Corporation as Corporate Parent. (Zhordania, Theona) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Infinity Insurance Company, identifying Kemper Corporation, Parent of Infinity Insurance Company. (Zhordania, Theona) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Infinity Insurance Company. (Attachments: #1 Proposed Summons for Jaime Ruth Horwitz Wotherspoon)(Zhordania, Theona) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Infinity Insurance Company. (Zhordania, Theona) |
| Filing 1 COMPLAINT Receipt No: ACACDC-39957705 - Fee: $405, filed by Plaintiff Infinity Insurance Company. (Attachments: #1 Exhibit A - Certified Declaration) (Attorney Theona Zhordania added to party Infinity Insurance Company(pty:pla))(Zhordania, Theona) |
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