Miles Preservation, Inc. v. Amtrust North America, Inc.
| Miles Preservation, Inc. |
| Amtrust North America, Inc. and Wesco Insurance Company |
| 5:2022cv01818 |
| October 13, 2022 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Sheri Pym |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal - Insurance Contract |
| Both |
Docket Report
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| Filing 27 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Change Venue to Eastern District or Southern District of New York #15 (Amended Request for Judicial Notice) filed by Defendant Wesco Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Nienow, Thomas) |
| Filing 26 Amendment to NOTICE OF MOTION AND MOTION to Change Venue to Eastern District or Southern District of New York #15 filed by Defendant Wesco Insurance Company. (Nienow, Thomas) |
Filing 25
MINUTE ORDER IN CHAMBERS - ORDER DISCHARGING OSC RE SUBJECT MATTER JURISDICTION #14 by Judge Dolly M. Gee. The Court has reviewed Plaintiff's Response to the OSC [Doc. # 21], as well as Plaintiff's Second Amended Complaint ("SAC") [Doc. # 20]. Because Plaintiff's SAC adequately alleges that the parties are citizens of different states, the Court's OSC is DISCHARGED. Although Plaintiff filed its SAC without leave of the Court, in light of Wesco's consent to Plaintiff's amendment, see Notice of Non-Opposition [Doc. no 23], the Court GRANTS Plaintiff leave to amend, nunc pro tunc. Plaintiff's SAC is accepted as filed. (lom)
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| Filing 24 RESPONSE filed by Defendant Wesco Insurance Companyto Minutes of In Chambers Order/Directive - no proceeding held,,, Order to Show Cause,, #14 (Attachments: #1 Declaration of Crystal Ivy)(Nienow, Thomas) |
| Filing 23 NOTICE OF NON-OPPOSITION Amended Complaint/Petition, #20 filed by Plaintiff Miles Preservation, Inc.. (Attachments: #1 Exhibit A)(Barlow, Elton) |
| Filing 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Amended Complaint/Petition, #20 . The following error(s) was/were found: The docket does not reflect the opposing party's consent or leave of court to amend the First Amended Complaint, F.R.Civ.P. 15(a)(2). 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. (gk) |
| Filing 21 RESPONSE filed by Plaintiff Miles Preservation, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,,, Order to Show Cause,, #14 (Barlow, Elton) |
| Filing 20 SECOND AMENDED COMPLAINT against Defendant Wesco Insurance Company amending Amended Complaint/Petition, #13 , filed by Plaintiff Miles Preservation, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Barlow, Elton) |
| Filing 19 CERTIFICATE of Interested Parties filed by Defedant Wesco Insurance Company, identifying AmTrust Financial Services, Inc.. (Nienow, Thomas) |
| Filing 18 NOTICE OF ERRATA filed by Defendant Wesco Insurance Company. correcting Declaration (Motion related), #17 , Request for Judicial Notice, #16 , NOTICE OF MOTION AND MOTION to Change Venue to Eastern District or Southern District of New York #15 (Nienow, Thomas) |
| Filing 17 DECLARATION of Eric Horton in support of NOTICE OF MOTION AND MOTION to Change Venue to Eastern District or Southern District of New York #15 filed by Defendant Wesco Insurance Company. (Attachments: #1 Exhibit 7, #2 Exhibit 8, #3 Exhibit 9, #4 Exhibit 10, #5 Exhibit 11, #6 Exhibit 12, #7 Exhibit 13)(Nienow, Thomas) |
| Filing 16 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Change Venue to Eastern District or Southern District of New York #15 filed by Defendant Wesco Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Nienow, Thomas) |
| Filing 15 NOTICE OF MOTION AND MOTION to Change Venue to Eastern District or Southern District of New York filed by Defendant Wesco Insurance Company. Motion set for hearing on 1/6/2023 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order granting motion to change venue) (Attorney Thomas Harvey Nienow added to party Wesco Insurance Company(pty:dft)) (Nienow, Thomas) |
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Filing 14
MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE REMANDED TO RIVERSIDE COUNTY SUPERIOR COURT by Judge Dolly M. Gee: Plaintiff is ORDERED to show cause why this action should not be remanded to Riverside County Superior Court for lack of subject matter jurisdiction. Plaintiff shall file its response no later than 12/1/2022. Wesco Insurance Company shall file its reply, if any, by 12/8/2022 or within ten days after being served with the summons and First Amended Complaint, whichever is later. Court Reporter: Not Reported. (gk)
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| Filing 13 FIRST AMENDED COMPLAINT against Defendant Wesco Insurance Company amending Complaint - (Discovery), filed by plaintiff Miles Preservation, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Barlow, Elton) |
| Filing 12 STIPULATION Extending Time to Answer the complaint as to Amtrust North America, Inc. answer now due 11/4/2022, filed by defendant Amtrust North America, Inc..(Nienow, Thomas) |
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Filing 11
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 10 CERTIFICATE OF SERVICE filed by Defendant Amtrust North America, Inc., State Court Notice of Removal and related papers served on October 14 and 17, 2022. (Nienow, Thomas) |
| Filing 9 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Corporate Disclosure Statement #3 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Certificate/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. (sh) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 6 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 Sunshine Suzanne Sykes and referred to Magistrate Judge Sheri Pym for discovery. Pursuant to General Order 21-01, this case has been randomly reassigned to District Judge Dolly M. Gee. The case number on all documents filed with the Court in this case should read as follows: 5:22-cv-01818 DMG (PDx). (sh) |
| CONFORMED E-FILED COPY OF COMPLAINT against Defendant Amtrust North America, Inc.Jury Demanded., filed by Plaintiff Miles Preservation, Inc.[FILED IN STATE COURT 03/24/2022 SUBMITTED AS ATTACHED TO DOCKET ENTRY NO. #4 ] (sh) |
| Filing 5 Jury Trial Demand re: Notice of Removal (Attorney Civil Case Opening), #1 (Nienow, Thomas) |
| Filing 4 State Court File re: Notice of Removal (Attorney Civil Case Opening), #1 (Nienow, Thomas) |
| Filing 3 CERTIFICATION OF INTERESTED PARTIES filed as CORPORATE DISCLOSURE STATEMENT filed by Defendant Amtrust North America, Inc. identifying AmTrust Financial Services, Inc. as Corporate Parent. (Nienow, Thomas) Modified on 10/14/2022 (sh). |
| Filing 2 CIVIL COVER SHEET filed by Defendant Amtrust North America, Inc.. (Nienow, Thomas) |
| Filing 1 NOTICE OF REMOVAL from California Superior Court, County of Riverside, case number CVSW2202035 Receipt No: ACACDC-34150179 - Fee: $402, filed by Defendant Amtrust North America, Inc.. (Attorney Thomas Harvey Nienow added to party Amtrust North America, Inc.(pty:dft))(Nienow, Thomas) |
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