Landmark American Insurance Company v. National Liability & Fire Insurance Company et al
| Landmark American Insurance Company |
| National Liability & Fire Insurance Company and Does 1 through 100, |
| Richard Chernick |
| 8:2015cv01967 |
| November 24, 2015 |
| US District Court for the Central District of California |
| Josephine L Staton |
| Michael R Wilner |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal - Insurance Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 8, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 50 Notice of Appearance or Withdrawal of Counsel: for attorney David A Tartaglio counsel for Plaintiff Landmark American Insurance Company. Joelle A. Berle is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff LANDMARK AMERICAN INSURANCE COMPANY. (Tartaglio, David) |
Filing 49
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #33 filed by National Liability and Fire Insurance Company. CCA # 16-56270. This appeal is voluntarily dismissed with prejudice. Fed. R. App. P. 42(b). The parties shall bear their own fees and costs. This order served on the district court shall act as and for the mandate of this court. (jp)
|
| Filing 48 DESIGNATION of Record on Appeal by Defendant National Liability & Fire Insurance Company re #46 (Walker, Susan) |
| Filing 47 NOTICE of Withdrawal of Request for Special Appointment to Serve Process and [Proposed] Order filed by Plaintiff Landmark American Insurance Company. (Berle, Joelle) |
| Filing 46 FIRST AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by defendant National Liability & Fire Insurance Company. Amending Notice of Appeal to 9th Circuit Court of Appeals, #33 Filed On: 1-3-17; Entered On: 1-3-17; (Walker, Susan) |
| Filing 45 REQUEST for Order for Special Appointment to Serve Process filed by Plaintiff Landmark American Insurance Company. (Attachments: #1 Proposed Order) (Berle, Joelle) |
| Filing 44 Writ of Execution issued against National Liability & Fire Insurance Company re: Affidavit and Request for Issuance of Writ of Execution #43 , Judgment #42 . (es) |
| Filing 43 Affidavit and Request for Issuance of Writ of Execution re: Judgment,, #42 filed by Plaintiff Landmark American Insurance Company. (Attachments: #1 issuance of writ of execution)(Berle, Joelle) |
| Filing 42 JUDGMENT by Judge Josephine L. Staton: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: National shall reimburse Landmark in the amount of $107,500 which it paid to settle the Underlying Action, plus 7% annual interest accrued from January 5, 2016 through September 30, 2016 of $5,530.67, for a total of $113,030.67; National shall reimburse Landmark the daily interest of $20.56 accrued on the $107,500 settlement amount from October 1, 2016 through the end of 2016 and $20.62 for every day thereafter until the date of entry of judgment, for a total of $1,953.32. See document for further information. (lwag) |
|
Filing 41
MINUTES (IN CHAMBERS) Order Granting Plaintiff's Motion for Entry of Judgment #39 by Judge Josephine L. Staton: Before the Court is Plaintiff Landmark American Insurance Companys unopposed Motion for Entry of Judgment. The Court finds this matter appropriate for disposition without oral argument. See Fed. R. Civ. P. 78(b); C.D. Cal. R. 7-15. Accordingly, the hearing on this Motion scheduled for January 6, 2017 at 2:30 p.m. is VACATED. A judgment will be entered in accordance with this Order. See document for further information. (lwag)
|
| Filing 40 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Judgment ENTRY OF JUDGMENT #39 (Attachments: #1 Proposed Order)(Berle, Joelle) |
| Filing 39 NOTICE OF MOTION AND MOTION for Judgment ENTRY OF JUDGMENT filed by Plaintiff and Counterdefendant Landmark American Insurance Company. Motion set for hearing on 1/6/2017 at 02:30 PM before Judge Josephine L. Staton. (Attachments: #1 Supplement PROPOSED JUDGMENT) (Tartaglio, David) |
|
Filing 38
ORDER by Judge Josephine L. Staton: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Motion Related Document, #37 , Motion Related Document, #36 , for the following reasons: Incorrect event selected. Correct event is Motion/Proposed Orders to Chambers; Hearing information is missing, incorrect or not timely; Prior to filing any motion, counsel are required to view the Court's Closed Motion Dates found under Judges' Procedures and Schedules on the Court's web site.; (lwag)
|
| Filing 37 **STRICKEN PER DOCKET ENTRY #38** PROPOSED JUDGMENT re NOTICE OF MOTION AND MOTION for Summary Judgment as to duty to defend and indemnify SBR #19 filed by Plaintiff Landmark American Insurance Company, Counter Defendant Landmark American Insurance Company. (Tartaglio, David) Modified on 9/30/2016 (lwag). |
| Filing 36 **STRICKEN PER DOCKET ENTRY #38** MOTION TO ENFORCE JUDGMENT re NOTICE OF MOTION AND MOTION for Summary Judgment as to duty to defend and indemnify SBR #19 filed by Plaintiff Landmark American Insurance Company, Counter Defendant Landmark American Insurance Company. (Tartaglio, David) Modified on 9/30/2016 (lwag). |
| Filing 35 DESIGNATION of Record on Appeal by Defendant/Appellant National Liability & Fire Insurance Company re #33 (Walker, Susan) |
| Filing 34 NOTIFICATION by Circuit Court of Appellate Docket Number 16-56270, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals, #33 as to Appellant National Liability & Fire Insurance Company (mat) |
| Filing 33 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Appellant National Liability & Fire Insurance Company. Appeal of Order on Motion for Summary Judgment,,,,, #32 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-18482473.) (Walker, Susan) |
|
Filing 32
MINUTES (IN CHAMBERS) Order Granting Plaintiff's Motion for Summary Judgment #19 and Denying Defendant's Motion for Summary Judgment #21 by Judge Josephine L. Staton: For the reasons stated above, the Court GRANTS Landmarks Motion. The Court holds that the term maintenance, as used in Paragraph II.A of the National Policy, extends to and covers the damages sought in Clarks underlying action. As a result, National is ORDERED to reimburse Landmark for the costs incurred in defending against and ultimately settling Clarks underlying action. See document for further information. MD JS-6. Case Terminated. (lwag)
|
| Filing 31 MINUTES (IN CHAMBERS) by Judge Josephine L. Staton: Order Taking Cross-Motions for Summary Judgment Under Submission #19 , #21 . Before the Court are cross-Motions for Summary Judgment. (Docs. 19, 21.) The Court finds these matters appropriate for disposition without oral argument. See Fed. R. Civ. P. 78(b); C.D. Cal. R. 7-15. Accordingly, the hearing on these motions scheduledfor July 29, 2016 at 2:30 p.m. is VACATED. The Court takes the Motion UNDERSUBMISSION. (mba) |
| Filing 30 REPLY in Support of National Liability & Fire Insurance Company's Motion for Summary Judgment NOTICE OF MOTION AND MOTION for Summary Judgment as to on its Counterclaim and Plaintiff's Complaint #21 filed by Counter Claimant National Liability & Fire Insurance Company, Defendant National Liability & Fire Insurance Company. (Walker, Susan) |
| Filing 29 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to duty to defend and indemnify SBR #19 filed by Plaintiff Landmark American Insurance Company. (Berle, Joelle) |
| Filing 28 LANDMARK AMERICAN'S CORRECTED OPPOSITION re: NOTICE OF MOTION AND MOTION for Summary Judgment as to on its Counterclaim and Plaintiff's Complaint #21 filed by Plaintiff Landmark American Insurance Company. (Berle, Joelle) |
| Filing 27 STATEMENT of Genuine Disputes in Response to Landmark American Insurance Company's Statement of Undisputed Facts NOTICE OF MOTION AND MOTION for Summary Judgment as to duty to defend and indemnify SBR #19 filed by Counter Claimant National Liability & Fire Insurance Company, Defendant National Liability & Fire Insurance Company. (Walker, Susan) |
| Filing 26 STATEMENT of Additional Undisputed Material Facts in Opposition to Landmark American Insurance Company's Motion for Summary Judgment NOTICE OF MOTION AND MOTION for Summary Judgment as to duty to defend and indemnify SBR #19 filed by Counter Claimant National Liability & Fire Insurance Company, Defendant National Liability & Fire Insurance Company. (Walker, Susan) |
| Filing 25 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to duty to defend and indemnify SBR #19 filed by Counter Claimant National Liability & Fire Insurance Company, Defendant National Liability & Fire Insurance Company. (Attachments: #1 Declaration of Susan M. Walker)(Walker, Susan) |
| Filing 24 STATEMENT of GENUINE DISPUTES IN SUPPORT OF LANDMARK'S OPPOSITION TO NOTICE OF MOTION AND MOTION for Summary Judgment as to on its Counterclaim and Plaintiff's Complaint #21 filed by Plaintiff Landmark American Insurance Company. (Berle, Joelle) |
| Filing 23 LANDMARK'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT IN OPPOSITION re: NOTICE OF MOTION AND MOTION for Summary Judgment as to on its Counterclaim and Plaintiff's Complaint #21 filed by Plaintiff Landmark American Insurance Company. (Berle, Joelle) |
| Filing 22 SCHEDULING NOTICE by Judge Josephine L. Staton: On the Court's own motion, the hearing on Plaintiff's Motion for Summary Judgment #19 and Defendant's Motion for Summary Judgment #21 , is ordered CONTINUED from 7/15/2016 to 7/29/2016 at 2:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tg) TEXT ONLY ENTRY |
| Filing 21 NOTICE OF MOTION AND MOTION for Summary Judgment as to on its Counterclaim and Plaintiff's Complaint filed by Defendant and Counterclaimant National Liability & Fire Insurance Company. Motion set for hearing on 7/15/2016 at 02:30 PM before Judge Josephine L. Staton. (Attachments: #1 Memorandum of Points & Authorities, #2 Separate Statement of Uncontroverted Facts, #3 Proposed Declaratory Judgment) (Walker, Susan) |
| Filing 20 NOTICE OF MOTION AND MOTION for Summary Judgment of its Counterclaim and Plaintiff's Complaint filed by Defendant and Counterclaimant National Liability & Fire Insurance Company. Motion set for hearing on 7/15/2016 at 02:30 PM before Judge Josephine L. Staton. (Attachments: #1 Memorandum of Points and Authorities, #2 Separate Statement of Uncontroverted Facts, #3 Proposed Declaratory Judgment) (Walker, Susan) |
| Filing 19 NOTICE OF MOTION AND MOTION for Summary Judgment as to duty to defend and indemnify SBR filed by Plaintiff and Counterdefendant Landmark American Insurance Company. Motion set for hearing on 7/15/2016 at 02:30 PM before Judge Josephine L. Staton. (Attachments: #1 Supplement Statement of Uncontroverted Facts, #2 Declaration Joelle Berle, #3 Exhibit A to Berle Declaration, #4 Exhibit B to Berle Declaration, #5 Supplement Proposed Judgment) (Tartaglio, David) |
| Filing 18 Joint Stipulation re Evidence and Facts for Purposes of Dispositive Cross-Motions for Summary Judgment; and Briefing Schedule (Walker, Susan) |
| Filing 17 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Richard Chernick has been assigned to serve as Panel Mediator. (mb) |
| Filing 16 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that RICHARD CHERNICK may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Landmark American Insurance Company(Berle, Joelle) |
|
Filing 15
ORDER/REFERRAL to ADR Procedure No. 2 by Judge Josephine L. Staton. Case is ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than December 6, 2016. (tg) Modified on 1/28/2016 (tg).
|
| Filing 14 CIVIL TRIAL ORDER for cases assigned to Judge Josephine L. Staton. (tg) |
|
Filing 13
MINUTE ORDER IN CHAMBERS by Judge Josephine L. Staton: Scheduling Order. On the Courts own motion, the Scheduling Conference set for hearing January 29, 2016 is VACATED and taken off calendar, and the Court sets the deadlines that appear below, which will not be continued absent a showing of good cause. ( Fact Discovery cut-off 10/4/2016., Motions due by 10/14/2016., Motions in Limine to be filed by 1/6/2017., Court Trial set for 2/28/2017 09:00 AM before Judge Josephine L. Staton., Final Pretrial Conference set for 2/3/2017 01:30 PM before Judge Josephine L. Staton., Exhibit Conference set for 2/24/2017 03:30 PM before Judge Josephine L. Staton.) See minute order for more information. (twdb)
|
| Filing 12 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-4 days, filed by Counter Claimant National Liability & Fire Insurance Company, Defendant National Liability & Fire Insurance Company.. (Walker, Susan) |
| Filing 11 ANSWER to Counterclaim #9 filed by Plaintiff and Counterdefendant Landmark American Insurance Company. (Attachments: #1 Notice of Interested Parties)(Berle, Joelle) |
|
Filing 10
ORDER SETTING SCHEDULING CONFERENCE by Judge Josephine L. Staton. Scheduling Conference is set for 1/29/2016 at 01:30 PM. See attached Order. (tg)
|
| Filing 9 COUNTERCLAIM against plaintiff and counterdefendant Landmark American Insurance Company, filed by defendant and counterclaimant National Liability & Fire Insurance Company.(Walker, Susan) |
| Filing 8 ANSWER to Complaint - (Discovery) filed by defendant National Liability & Fire Insurance Company.(Walker, Susan) |
| Filing 7 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON. (tg) |
|
Filing 6
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 14-03 by Judge Cormac J. Carney. Case transferred from Judge Cormac J. Carney to the calendar of Judge Josephine L. Staton for all further proceedings. Case number now reads as SACV15-1967 JLS (MRWx). (twdb)
|
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (twdb) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Michael R. Wilner. (twdb) |
| COMPLAINT against defendants Does, National Liability & Fire Insurance Company.(FILED IN ORANGE COUNTY SUPERIOR COURT attached to the notice of removal), filed by plaintiff Landmark American Insurance Company. (twdb) |
| PROOF OF SERVICE Executed by Plaintiff Landmark American Insurance Company, upon Defendant National Liability & Fire Insurance Company served on 10/30/2015, answer due 11/20/2015. Service of the Summons and Complaint were executed upon Charles A. Landess, 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 ORANGE COUNTY SUPERIOR COURT attached to the removal. (twdb) |
| Filing 3 CERTIFICATE of Interested Parties filed by defendant National Liability & Fire Insurance Company, identifying Berkshire Hathaway Inc., a publicly held corporation. (Walker, Susan) |
| Filing 2 CIVIL COVER SHEET filed by Defendant National Liability & Fire Insurance Company. (Walker, Susan) |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2015-00817643 Receipt No: 0973-16836956 - Fee: $400, filed by defendant National Liability & Fire Insurance Company. (Attachments: #1 Exhibit A:Summons, Complaint and other State Court Documents, #2 Exhibit B:Notice to State Court, #3 Declaration of David T. Dare in Support of Removal, #4 Declaration of Susan M. Walker in Support of Removal) (Attorney Susan M Walker added to party National Liability & Fire Insurance Company(pty:dft))(Walker, Susan) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
