Lillian Benn v. Allstate Insurance Company et al
| Lillian Benn |
| Allstate Insurance Company, Melody Sloan Mosley, P.C. and Does 1 through 10, inclusive |
| 5:2021cv01584 |
| September 17, 2021 |
| US District Court for the Central District of California |
| Sheri Pym |
| John F Walter |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on August 29, 2022. A more recent docket listing may be available from PACER.
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Filing 42
ORDER GRANTING JOINT MOTION TO DISMISS WITH PREJUDICE #41 by Judge John F. Walter. The Court GRANTS the joint motion and DISMISSES this case WITH PREJUDICE. (MD JS-6. Case Terminated ) (iv)
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| Filing 41 Joint NOTICE OF MOTION AND MOTION to Dismiss Case with Prejudice filed by Defendant Allstate Insurance Company. (Attachments: #1 Proposed Order) (Edson, John) |
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Filing 40
ORDER DENYING JOINT EX PARTE APPLICATION TO CONTINUE TRIAL AND RELATED PRE-TRIAL DATES #39 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv)
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| Filing 39 First EX PARTE APPLICATION to Continue Trial from October 25, 2022 to February 21, 2023 filed by Plaintiff Lillian Benn. (Attachments: #1 Declaration Declaration of John D. Edson, #2 Declaration Declaration of Regina Spurley, #3 Exhibit Exhibit 1: Stipulation to Continue Trial and Related Pre-Trial Dates, #4 Proposed Order Proposed Order granting Ex Parte Application) (Spurley, Regina) |
| Filing 38 STATEMENT Regarding Court-Ordered Mediation filed by Defendant Allstate Insurance Company re: Order/Referral to ADR (No 3) (Private Mediator) (ADR-12),,,, Add and Terminate Parties,,,, Terminate Hearings,,, #32 . (Attachments: #1 Exhibit A - Discovery Plan)(Edson, John) |
| Filing 37 AMENDED STATEMENT OF DECISION GRANTING ALLSTATE INSURANCE COMPANY'S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS by Judge John F. Walter. The Court grants Allstate's motion as to the fourth claim for relief. (iv) |
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Filing 36
MINUTES (IN CHAMBERS) ORDER GRANTING ALLSTATE INSURANCE COMPANYS MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS [filed 9/29/2021; Docket No. #29 ] by Judge John F. Walter. For the reasons stated in Defendant's moving and reply papers, Defendant's Motion for Partial Judgment on the Pleadings is GRANTED. (iv)
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Filing 35
MINUTES (IN CHAMBERS) ORDER GRANTING JOINT MOTION TO DISMISS WITH PREJUDICE AS TO MELODY SLOAN MOSLEY, P.C. AND THE THIRD CAUSE OF ACTION ONLY [filed 9/28/2021; Docket No. #27 ] by Judge John F. Walter. The Joint Motion is GRANTED. Defendant Melody Sloan Mosley, P.C. and the third cause of action are DISMISSED with prejudice. (iv)
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| Filing 34 REPLY in Support of NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Fourth Claim for Relief #29 filed by Defendant Allstate Insurance Company. (Attachments: #1 Proposed Order - Amended Proposed Statement of Decision)(Edson, John) |
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Filing 33
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 10/7/2022 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 10/14/2022 at 8:00 AM. Jury Trial set for 10/25/2022 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 32
ORDER VACATING SCHEDULING CONFERENCE,REFERRAL TO PRIVATE MEDIATION, andDISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a SchedulingConference is not necessary. The hearing on October 25, 2021 is vacated and taken off calendar.A Scheduling and Case Management Order will issue. Any unserved DOE defendants aredismissed at this time.The Court, having considered the parties Request: ADR Procedure Selection, the Notice to Parties 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 4, 2022. The Joint Report re: Results of Settlement Conference due on: April 8, 2022. (iv)
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| Filing 31 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Fourth Claim for Relief #29 filed by Plaintiff Lillian Benn. (Spurley, Regina) |
| Filing 30 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8 days, filed by Defendant Allstate Insurance Company.. (Edson, John) |
| Filing 29 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Fourth Claim for Relief filed by Defendant Allstate Insurance Company. Motion set for hearing on 11/1/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum, #2 Proposed Order, #3 Certificate of Service) (Edson, John) |
| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss #27 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. 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. (iv) |
| Filing 27 NOTICE OF MOTION AND MOTION to Dismiss Melody Sloan Mosley, P.C. only and the third cause of action for intentional infliction of emotional distress filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C.. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Edson, John) |
| Filing 26 DECLARATION of John D. Edson, Lead Trial Counsel filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C.. (Edson, John) |
| Filing 25 STATEMENT Joint Statement re Compliance with Rule 7-3 Conference re Defendants Motions for Judgment on the Pleadings filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C. (Edson, John) |
| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Supplement #10 , #11 , #12 , #13 , #14 , #15 , #16 , #17 , #18 , #19 #20 , #21 , #22 , #23 . The following error(s) was/were found: Documents submitted are all State Court Filings. Documents should have been attached to a Notice of Lodging with proper District Court heading, title and case number, pursuant to Local Rule 5-4.4.1. 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. (iv) |
| Filing 23 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 , Initial Order upon Filing of Complaint - form only #8 filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C.. (Edson, John) |
| Filing 22 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 , Initial Order upon Filing of Complaint - form only #8 filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C.. (Attachments: #1 Exhibit 1 - Federal Court Notice of Removal -, #2 Proof of Service)(Edson, John) |
| Filing 21 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 , Initial Order upon Filing of Complaint - form only #8 filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C.. (Edson, John) |
| Filing 20 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 , Initial Order upon Filing of Complaint - form only #8 filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C.. (Edson, John) |
| Filing 19 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 , Initial Order upon Filing of Complaint - form only #8 filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C.. (Edson, John) |
| Filing 18 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 , Initial Order upon Filing of Complaint - form only #8 filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C.. (Edson, John) |
| Filing 17 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 , Initial Order upon Filing of Complaint - form only #8 filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C.. (Edson, John) |
| Filing 16 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 , Initial Order upon Filing of Complaint - form only #8 filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C.. (Edson, John) |
| Filing 15 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 , Initial Order upon Filing of Complaint - form only #8 filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C.. (Edson, John) |
| Filing 14 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 , Initial Order upon Filing of Complaint - form only #8 filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C.. (Edson, John) |
| Filing 13 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 , Initial Order upon Filing of Complaint - form only #8 filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C.. (Edson, John) |
| Filing 12 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 , Initial Order upon Filing of Complaint - form only #8 filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C.. (Edson, John) |
| Filing 11 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 , Initial Order upon Filing of Complaint - form only #8 filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C.. (Edson, John) |
| Filing 10 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 , Initial Order upon Filing of Complaint - form only #8 filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C.. (Edson, John) |
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Filing 9
MINUTES (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for October 25, 2021 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 12, 2021. (iv)
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Filing 8
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
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| Filing 7 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 20, inclusive. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 4 NOTICE OF ASSIGNMENT of Eastern Division Removal Case and Notice re Consent to proceed before a U.S. Magistrate Judge. This case was initially assigned to District Judge John W. Holcomb and referred to Magistrate Judge Sheri Pym for discovery. Pursuant to General Order 21-01, this case has been randomly reassigned to District Judge John F. Walter. The case number on all documents filed with the Court in this case should read as follows: 5:21-cv-01584 JFW (SPx). (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Allstate Insurance Company, Does 1 through 20, inclusive, Melody Sloan Mosley, P.C., filed by plaintiff Lillian Benn. (FILED IN STATE COURT ON 2/2/2021 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| NON CONFORM COPY OF ANSWER to Complaint - (Discovery) filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C. (SUBMITTED ATTACHED EXHIBIT C)(ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Lillian Benn, upon Defendant Melody Sloan Mosley, P.C. served on 7/28/2021, answer due 8/18/2021. Service of the Summons and Complaint were executed upon Melody Mosley-Authorized Agent for Service of Process in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (FILED IN STATE COURT ON 8/9/2021 SUBMITTED ATTACHED EXHIBIT F) (ghap) |
| Filing 3 NOTICE of Interested Parties filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C., identifying The Allstate Corporation. (Edson, John) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Allstate Insurance Company, Melody Sloan Mosley, P.C.. (Edson, John) |
| Filing 1 NOTICE OF REMOVAL from Riverside Superior Court, case number CVRI2100624 Receipt No: ACACDC-32002806 - Fee: $402, filed by Defendants Melody Sloan Mosley, P.C., Allstate Insurance Company. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Regina Spurley Declaration re OSC re Default of Defendants, #3 Exhibit C - Answer to Complaint, #4 Exhibit D - Policy Declarations Page, #5 Exhibit E - Sworn Statement in Proof of Loss, #6 Exhibit F - Superior Court Filings, #7 Declaration of John D. Edson in Support, #8 Certificate of Service) (Attorney John D Edson added to party Allstate Insurance Company(pty:dft), Attorney John D Edson added to party Melody Sloan Mosley, P.C.(pty:dft))(Edson, John) |
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