Byung H. Kwon v. Safeco Insurance Company of America et al
| Byung H. Kwon |
| Safeco Insurance Company of America and Does 1-5, a New Hampshire corporation, and/or an individual inclusive |
| 5:2022cv02040 |
| November 16, 2022 |
| US District Court for the Central District of California |
| Kenly Kiya Kato |
| Mark C Scarsi |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal - Insurance Contract |
| Defendant |
Docket Report
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This docket was last retrieved on September 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 FIRST AMENDED COMPLAINT against defendant Byung H. Kwon; Party Does (1-5, a New Hampshire corporation, and/or an individual inclusive) terminated amending Complaint - (Discovery),, filed by plaintiff Byung H. Kwon(lc) |
| Filing 17 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE: REQUEST FOR EXTENSION OF TIME #16 . The Court granted Defendant Safeco Insurance Company of America's Rule 12 motion and ordered Plaintiff Byung H. Kwon to submit an amended complaint #15 . The Court gave Plaintiff 14 days to amend. Plaintiff did not file a timely amended complaint. Instead, the day after the amended pleading was due, Plaintiff filed a request for additional time, until January 15, to amend. This is the second time in this case Plaintiff submitted a request for extension of time to file an overdue document. The request is denied for failure to comply with the Court's rules governing motion and ex parte practice. The Court again reminds Plaintiff that he remains subject to the Courts rules notwithstanding his pro se status. (Initial Standing Order 14.) The Court on its own motion gives Plaintiff one final opportunity to submit an amended pleading. Plaintiff must file an amended complaint by no later than January 13, 2023. No further extensions will be permitted. Failure to file a timelyamended complaint will result in dismissal without further warning. Fed. R. Civ. P. 41(b). (lc) |
| Filing 16 " TIME EXTENSION FOR RESPONSE TO MOTION OF DEFENDANTS" filed by plaintiff Byung H. Kwon. (lc) |
| Filing 15 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE: DEFENDANTS MOTION FOR MORE DEFINITE STATEMENT AND TO DISMISS #13 . The Court deems the motion appropriate for decision without oral argument. The Court deems Plaintiffs failure to file a timely opposition brief as her consent to the granting of the motion in full.The motion is granted. Plaintiffs fraud claim is dismissed. The defects in the claim may be curable by amendment. Plaintiff may file an amended complaint within 14 days if she can do so consistent with Federal Rule of Civil Procedure 11(b) and this Order. Failure to file a timely amended complaint will waive the right to do so and result in the striking of the original complaint and dismissal of this action for failure to prosecute and failure to comply with a court order. (lc) Modified on 12/21/2022 (lc). |
| Filing 14 "STIPULATION TO EXTEND TIME FOR PLAINTIFF TO RESPOND TO DEFENDANT SAFECO'S MOTION BY NOT LESS THAN 35 DAYS (FRCP 7 (b) /12 (e) (f) /L. R. 7. 1 through 7-10)" Claims for : (1) Insurance Bad Faith, (2) Breach of Ins.Contract, (3) Fraud As To DOES. New Hearing Date for Motion by Court not earlier than January 18,2023 filed by plaintiff Byung H. Kwon.(lc) Modified on 12/20/2022 (lc). |
| Filing 13 NOTICE OF MOTION AND MOTION for More Definite Statement filed by Defendant Safeco Insurance Company of America. Motion set for hearing on 1/9/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Proposed Order) (Boos, Nicholas) |
Filing 12
MINUTES (IN CHAMBERS) ORDER RE: EX PARTE APPLICATION (ECF NO. 10) by Judge Mark C. Scarsi. On its own motion, the Court extends Defendant's deadline to respond to the Complaint to November 30, 2022. The Court will strike any further ex parte applications that fail to comply with Local Rule 7-19. The Court will not extend Defendant's response deadline further absent a stipulation comporting with Local Rule 8-3 or a stipulation or application supported by a specific showing of good cause meeting the standards set forth in Initial Standing Order Sec 4. (See document for further details).;denying #10 EX PARTE APPLICATION for Extension of Time to Answer. (aco)
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| Filing 11 DECLARATION of Garrett Owens in support of EX PARTE APPLICATION to Extend Time to File Answer to 11/30/2022 re Complaint - (Discovery), #10 Supplemental filed by Defendant Safeco Insurance Company of America. (Boos, Nicholas) |
| Filing 10 EX PARTE APPLICATION to Extend Time to File Answer to 11/30/2022 re Complaint - (Discovery), filed by Defendant Safeco Insurance Company of America. (Attachments: #1 Declaration of Garrett Owens, #2 Proposed Order) (Boos, Nicholas) |
| Filing 9 TEXT ONLY (IN CHAMBERS) NOTICE TO PRO SE LITIGANTS by Judge Mark C. Scarsi: Although Plaintiff is proceeding pro se, i.e., without legal representation, she/he nonetheless is required to comply with Court orders, the Local Rules, and the Federal Rules of Civil Procedure. See C.D. Cal. L.R. 83-2.2.3. The Local Rules are available on the Court's website, http://www.cacd.uscourts.gov/court-procedures/ local-rules. The Court cannot provide legal advice to any party, including pro se litigants, i.e., parties who are not represented by a lawyer. There is a free "Pro Se Clinic" that can provide information and guidance about many aspects of civil litigation in this Court. The Court notes that a party to this lawsuit does not have a lawyer. Parties in court without a lawyer are called "pro se litigants." These parties often face special challenges in federal court. Public Counsel runs a free Federal Pro Se Clinic where pro se litigants can get information and guidance. The Clinic is located at the Roybal Federal Building and Courthouse, 255 East Temple Street, Los Angeles, CA 90012 (note that the clinic may not be open for in-person appointments during the pandemic). Pro se litigants must call or submit an on-line application to request services as follows: on-line applications can be submitted at http://prose.cacd.uscourts.gov/los-angeles, or call (213) 385-2977, ext. 270. Pro se litigants may submit documents for filing through the Court's Electronic Document Submission System (EDSS) instead of mailing or bringing documents to the Clerk's Office. Only internet access and an e-mail address are required. Documents are submitted in PDF format through an online portal on the Court's website. To access EDSS and for additional information, visit the Court's website at https://apps.cacd.uscourts.gov/edss. Attorneys may not use EDSS to submit documents on behalf of their clients. Attorneys are required by the local rules to file documents electronically using the Court's CM/ECF System. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
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Filing 8
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 5 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 Jesus G. Bernal and referred to Magistrate Judge Kenly Kiya Kato for discovery. Pursuant to General Order 21-01, this case has been randomly reassigned to District Judge Mark C. Scarsi. The case number on all documents filed with the Court in this case should read as follows: 5:22-cv-02040 MCS (KKx). (lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does, Safeco Insurance Company of America. Jury Demanded, filed by Defendant Byung H. Kwon. (FILED IN RIVERSIDE COUNTY SUPERIOR COURT ON 10/11/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 4 DEMAND for Jury Trial filed by Defendant Safeco Insurance Company of America.. (Boos, Nicholas) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Safeco Insurance Company of America, identifying Safeco Corporation. (Boos, Nicholas) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Safeco Insurance Company of America. (Boos, Nicholas) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of Riverside County, case number 22CVRI2204365 Receipt No: ACACDC-34337947 - Fee: $402, filed by Defendant Safeco Insurance Company of America. (Attachments: #1 Exhibit A to Notice of Removal, #2 Exhibit B to Notice of Removal, #3 Exhibit C to Notice of Removal, #4 Exhibit D to Notice of Removal, #5 Declaration of Nicholas J. Boos, #6 Exhibit 1 to Declaration of Nicholas J. Boos, #7 Exhibit 2 to Declaration of Nicholas J. Boos) (Attorney Nicholas J. Boos added to party Safeco Insurance Company of America(pty:dft))(Boos, Nicholas) |
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