David Fritsch v. Northwestern Mutual Life Insurance Company, et al
| David Fritsch |
| Curtis R. Estes, The Northwestern Mutual Life Insurance Company, ExamOne Word Wide, Inc., Does 1 through 100, inclusive and Northwestern Mutual Life Insurance Company |
| 8:2017cv00808 |
| May 5, 2017 |
| US District Court for the Central District of California |
| David O Carter |
| John D Early |
| Karen E Scott |
| James V Selna |
| Insurance |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Filing 33 TRANSMITTAL of documents to Superior Court of California, County of Orange. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Superior Court of California, County of Orange. (dro) |
Filing 32
MINUTES (IN CHAMBERS) ORDER GRANTING PLAINTIFFS MOTION TO REMAND #23 ; DENYING AS MOOT MOTION TO DISMISS #24 by Judge David O. Carter: Before the Court is Plaintiff David Fritschs (Plaintiff or Fritsch) Motion to Remand Action to the Superior Court of California, County of Orange (Motion) (Dkt. 23) and Defendants Motion to Dismiss (Dkt. 24). The Court finds these matters appropriate for resolution without oral argument. See Fed. R. Civ. P. 78; L.R. 7-15. Having considered the parties arguments, the Court GRANTS Plaintiffs Motion to Remand and DENIES AS MOOT Defendants Motion to Dismiss. (MD JS-6. Case Terminated) (es)
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| Filing 31 REPLY Reply in Support of Motion NOTICE OF MOTION AND MOTION to Dismiss Complaint #24 filed by Defendant Curtis R. Estes. (Golden, James) |
| Filing 30 REPLY in support of motion First NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #23 filed by Plaintiff David Fritsch. (Bentley, Gregory) |
| Filing 29 MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #23 filed by Defendant The Northwestern Mutual Life Insurance Company. (Attachments: #1 Declaration of Cindy Lubbert in Opposition to Plaintiff's Motion for Remand to State Court)(Johna, Ophir) |
| Filing 28 OPPOSITION opposition re: NOTICE OF MOTION AND MOTION to Dismiss Complaint #24 filed by Plaintiff David Fritsch. (Bentley, Gregory) |
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Filing 27
ORDER by Judge David O. Carter, Granting Stipulation to Extend Examone World Wide, Inc.'s Time to Respond to Initial Complaint #26 . The Court, having reviewed the STIPULATION TO EXTEND EXAMONE WORLD WIDE, INC.'S TIME TO RESPOND TO INITIAL COMPLAINT (L.R. 8-3) submitted by Plaintiff David Fritsch ("Plaintiff") and Defendant ExamOne World Wide, Inc. ("ExamOne"), and good cause appearing therefor, hereby ORDERS that ExamOne's deadline to respond to the Complaint shall be extended to and including seven (7) days after the Court's issuance of an order granting or denying the Motion for Remand that Plaintiff filed on June 2, 2017 [Dkt. 23]. IT IS SO ORDERED. (dro)
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| Filing 26 Third STIPULATION for Extension of Time to File Response filed by Defendant ExamOne Word Wide, Inc.. (Attachments: #1 Proposed Order)(Broccolo, Frank) |
| Filing 25 NOTICE of Change of firm name and address by Frank John Broccolo attorney for Defendant ExamOne Word Wide, Inc.. Changing firm name to Law Office of Frank J. Broccolo and address to 7083 Hollywood Boulevard, Los Angeles, CA 90028. Filed by Defendant ExamOne Word Wide, Inc.. (Broccolo, Frank) |
| Filing 24 NOTICE OF MOTION AND MOTION to Dismiss Complaint filed by DEFENDANT Curtis R. Estes. Motion set for hearing on 7/10/2017 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum DEFENDANT CURTIS R. ESTES'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF HIS MOTION TO DISMISS, #2 Proposed Order [PROPOSED] ORDER ON DEFENDANT CURTIS R. ESTES'S MOTION TO DISMISS) (Golden, James) |
| Filing 23 First NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court filed by plaintiff David Fritsch. Motion set for hearing on 7/10/2017 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order) (Bentley, Gregory) |
| Filing 22 MEMORANDUM in Support DEFENDANT CURTIS R. ESTES'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF HIS MOTION TO DISMISS // filed by Defendant Curtis R. Estes. (Attachments: #1 DEFENDANT CURTIS R. ESTES'S NOTICE OF MOTION AND MOTION TO DISMISS //)(Anderson, Connie) |
| Filing 21 MEMORANDUM in Support DEFENDANT CURTIS R. ESTES'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF HIS MOTION TO DISMISS// filed by Defendant Curtis R. Estes. (Anderson, Connie) |
| Filing 20 MEMORANDUM in Support OF DEFENDANT CURTIS R. ESTES filed by Defendant Curtis R. Estes. (Anderson, Connie) |
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Filing 19
MINUTES (IN CHAMBERS) ORDER by Judge David O. Carter: re: Stipulation for Extension of Time to File Answer #18 . On May 22, 2017, the Plaintiff and Defendant ExamOne World Wide, Inc. ("ExamOne") filed a Stipulation (Dkt. 18) agreeing that ExamOne would have fourteen days from the date the Court issues a decision on Plaintiff, as of yet unfiled, motion to remand to answer the complaint. Were Plaintiff's motion to remand already filed, the Court would likely grant the Stipulation. However, as the motion to remand has not been filed, the Court will not grant the Stipulation. Instead, the Court will extend ExamOne's deadline to answer the complaint until on or before July 3, 2017. The Clerk shall serve this minute order on the parties. (dro)
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| Filing 18 Joint STIPULATION for Extension of Time to File Answer re Complaint - (Discovery) filed by Defendant ExamOne Word Wide, Inc.. (Attachments: #1 Proposed Order)(Broccolo, Frank) |
| Filing 17 STIPULATION for Extension of Time to File as to Complaint - (Discovery) filed by Defendant Curtis R. Estes.(Attorney James M Golden added to party Curtis R. Estes(pty:dft))(Golden, James) |
| Filing 16 PROOF OF SERVICE filed by Defendant The Northwestern Mutual Life Insurance Company, re Reassign Case upon Recusal of Magistrate Judge (CV-110), #14 , Initial Order upon Filing of Complaint - form only #15 served on May 16, 2017. (Johna, Ophir) |
| Filing 15 INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. |
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Filing 14
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Karen E. Scott. ORDER case returned to the Clerk for random reassignment for Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Karen E. Scott to Magistrate Judge John D. Early for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV17-00808 DOC (JDEx). (dro)
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| Filing 13 PROOF OF SERVICE filed by Defendant The Northwestern Mutual Life Insurance Company, re Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #8 , Notice of Assignment to United States Judges(CV-18) - optional html form #7 , Reassign Case - Self-Recusal - pursuant to GO 16-05 (CV-52), #9 served on May 12, 2017. (Johna, Ophir) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT filed by Defendant ExamOne Word Wide, Inc. identifying ExamOne is wholly owned by LabOne, LLC, which is wholly owned by Quest Diagnostics Clinical Laboratories, Inc., which is wholly owned by Quest Diagnostics Holdings Incorporated, which is wholly owned by Quest Diagnostics Incorporated, which is a public company as Corporate Parent. (Broccolo, Frank) |
| Filing 11 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant ExamOne Word Wide, Inc., identifying ExamOne is wholly owned by LabOne, LLC, which is wholly owned by Quest Diagnostics Clinical Laboratories, Inc., which is wholly owned by Quest Diagnostics Holdings Incorporated, which is wholly owned by Quest Diagnostics Incorporated, which is a public company. (Broccolo, Frank) |
| Filing 10 STIPULATION Extending Time to Answer the complaint as to ExamOne Word Wide, Inc. answer now due 5/30/2017, re Complaint - (Discovery) filed by Defendant ExamOne Word Wide, Inc..(Attorney Frank John Broccolo added to party ExamOne Word Wide, Inc.(pty:dft))(Broccolo, Frank) |
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Filing 9
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 16-05 by Judge James V. Selna. Case transferred from Judge James V. Selna to the calendar of Judge David O. Carter for all further proceedings. Case number now reads as SACV17-00808 DOC (KESx). (dv)
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| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Karen E. Scott. (esa) |
| CONFORMED COPY OF ANSWER to Complaint filed by defendant The Northwestern Mutual Life Insurance Company.(esa) |
| CONFORMED COPY OF COMPLAINT against defendants Does 1 through 100, inclusive, Curtis R. Estes, ExamOne Word Wide, Inc., Northwestern Mutual Life Insurance Company, Jury Demand, filed by Plaintiff David Fritsch. (esa) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT filed by Defendant The Northwestern Mutual Life Insurance Company (Johna, Ophir) |
| Filing 5 NOTICE of Interested Parties filed by Defendant The Northwestern Mutual Life Insurance Company, identifying David Fritsch (Plaintiff; ExamOne World Wide,Inc. (Defendanrt); and Curtis R. Estes (sham Defendant). (Johna, Ophir) |
| Filing 4 CIVIL COVER SHEET filed by Defendant The Northwestern Mutual Life Insurance Company. (Johna, Ophir) |
| Filing 3 DECLARATION of Ophir Johna re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant The Northwestern Mutual Life Insurance Company. (Johna, Ophir) |
| Filing 2 DECLARATION of Cindy Lubbert re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant The Northwestern Mutual Life Insurance Company. (Attachments: #1 Exhibit "1", #2 Proof of Service)(Johna, Ophir) |
| Filing 1 NOTICE OF REMOVAL from Orange County Supeiror Court, case number 30-2017-00910373-CU-IC-CJC Receipt No: 0973-19808985 - Fee: $400, filed by Defendant The Northwestern Mutual Life Insurance Company. (Attachments: #1 Exhibit "A", #2 Proof of Service) (Attorney Ophir Johna added to party The Northwestern Mutual Life Insurance Company(pty:dft))(Johna, Ophir) |
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