Suretec Insurance Company v. John Jory Corporation et al
| Suretec Insurance Company, a Texas Corporation and Suretec Insurance Company |
| John Jory Corporation, a California corporation, Kenneth A Johnson, John Jory, LLC, a California limited liability company, Sharon Jory, Sharon Jory trustee of the Jory Family Trust Dated April 13, 1999, Jory Properties, LLC, a California limited liability company, Kenneth A Johnson II, trustee of the Kenny and Julia Johnson Family Trust, John Jory Corporation, John Jory, LLC, Jory Properties, LLC, Kenneth A. Johnson, Kenneth A. Johnson, II, Does 1-50 and Johnson and Jory Properties, LLC |
| 8:2021cv01017 |
| June 8, 2021 |
| US District Court for the Central District of California |
| Karen E Scott |
| Josephine L Staton |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 78 ANSWER to Amended Complaint/Petition, #64 filed by Defendant Sharon Jory(trustee of the Jory Family Trust dated April 13, 1999), Sharon Jory(an individual).(Price, Benjamin) |
| Filing 77 ANSWER to Amended Complaint/Petition, #64 filed by Defendant Johnson and Jory Properties, LLC.(Attorney Uri Litvak added to party Johnson and Jory Properties, LLC(pty:dft))(Litvak, Uri) |
| Filing 76 ANSWER to Amended Complaint/Petition, #64 filed by Defendant Kenneth A. Johnson, II.(Attorney Uri Litvak added to party Kenneth A. Johnson, II(pty:dft))(Litvak, Uri) |
| Filing 75 ANSWER to Amended Complaint/Petition, #64 filed by Defendant Kenneth A. Johnson.(Litvak, Uri) |
| Filing 74 ANSWER to Amended Complaint/Petition, #64 filed by Defendant John Jory, LLC.(Litvak, Uri) |
| Filing 73 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #63 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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. (ak) |
| Filing 72 NOTICE of Withdrawal of Summons of Cross-Complaint filed by Plaintiff Suretec Insurance Company. (Phan, Joneis) |
| Filing 71 [WITHDRAWN PER DKT NO. #72 ] - Request for Clerk to Issue Summons on Amended Complaint/Petition, #64 filed by Plaintiff Suretec Insurance Company. (Phan, Joneis). Modified on 10/25/2021 (jp). |
| Filing 70 [WITHDRAWN PER DKT NO. #72 ] - Request for Clerk to Issue Summons on Amended Complaint/Petition, #64 filed by Plaintiff Suretec Insurance Company. (Phan, Joneis). Modified on 10/25/2021 (jp). |
| Filing 69 [WITHDRAWN PER DKT NO. #72 ] - Request for Clerk to Issue Summons on Amended Complaint/Petition, #64 filed by Plaintiff Suretec Insurance Company. (Phan, Joneis). Modified on 10/25/2021 (jp). |
| Filing 68 [WITHDRAWN PER DKT NO. #72 ] - Request for Clerk to Issue Summons on Amended Complaint/Petition, #64 filed by Plaintiff Suretec Insurance Company. (Phan, Joneis). Modified on 10/25/2021 (jp). |
| Filing 67 [WITHDRAWN PER DKT NO. #72 ] - Request for Clerk to Issue Summons on Amended Complaint/Petition, #64 filed by Plaintiff Suretec Insurance Company. (Phan, Joneis). Modified on 10/25/2021 (jp). |
| Filing 66 [WITHDRAWN PER DKT NO. #72 ] - Request for Clerk to Issue Summons on Amended Complaint/Petition, #64 filed by Plaintiff Suretec Insurance Company. (Phan, Joneis). Modified on 10/25/2021 (jp). |
| Filing 65 [WITHDRAWN PER DKT NO. #72 ] - Request for Clerk to Issue Summons on Amended Complaint/Petition, #64 filed by Plaintiff Suretec Insurance Company. (Phan, Joneis). Modified on 10/25/2021 (jp). |
| Filing 64 FIRST AMENDED COMPLAINT against Defendants John Jory Corporation, John Jory, LLC, Kenneth A. Johnson, Kenneth A. Johnson, II, Sharon Jory(trustee of the Jory Family Trust dated April 13, 1999), Sharon Jory(an individual), Johnson & Jory Properties, LLC amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Suretec Insurance Company (Attachments: #1 Indemnity Agreement, #2 March 22, 2021 Indemnity Demand)(Phan, Joneis) |
| Filing 63 NOTICE of Appearance filed by attorney Uri Litvak on behalf of Defendant John Jory Corporation (Litvak, Uri) |
Filing 62
ORDER GRANTING LEAVE TO FILE A FIRST AMENDED COMPLAINT by Judge Josephine L. Staton that Plaintiff SURETEC INSURANCE COMPANY shall file the First Amended Complaint attached as Exhibit "1" to the Joint Stipulation forthwith and it will be deemed served as of the date of the filing, with any response due within 30 days of the same. re Stipulation for Leave #60 . ***NOTE: CHANGES MADE BY THE COURT***. (jp)
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| Filing 61 NOTICE OF LODGING filed re Stipulation for Leave #60 (Attachments: #1 Proposed Order)(Phan, Joneis) |
| Filing 60 STIPULATION for Leave to File First Amended Complaint filed by Plaintiff Suretec Insurance Company.(Phan, Joneis) |
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Filing 59
ORDER TO SET ASIDE DEFAULT OF KENNETH JOHNSON and JORY PROPERTIES, LLC, AND DISMISS JORY PROPERTIES, LLC (Doc. #58 ) by Judge Josephine L. Staton. The Joint Stipulation re Setting Aside Default Judgment is GRANTED as to Kenneth Johnson and JORY PROPERTIES, LLC. The case is dismissed as to Jory Properties, LLC. per stipulation of the Parties. IT IS HEREBY ORDERED that this matter SHALL PROCEED accordingly without a default judgment being entered at this time. Defendant Kenny Johnson is ordered to file his response within 30 days. (jp)
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| Filing 58 STIPULATION to Set Aside Default as to Kenneth Johnson and Jory Properties LLC filed by Defendants Kenneth A. Johnson. (Attachments: #1 Proposed Order)(Attorney Uri Litvak added to party Kenneth A. Johnson(pty:dft))(Litvak, Uri) |
| Filing 57 CIVIL TRIAL ORDER for cases assigned to Judge Josephine L. Staton. (mku) |
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Filing 56
ORDER/REFERRAL to ADR Procedure No 2 by Judge Josephine L. Staton. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than December 23, 2022. (mku)
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Filing 55
MINUTES (In Chambers) SCHEDULING ORDER by Judge Josephine L. Staton: On the Court's own motion, the Scheduling Conference set for hearing 9/10/2021, is VACATED and the following schedule is set. Last Day to File a Motion to Add Parties or Amend Pleadings: 11/9/2021. Fact Discovery Cutoff: 6/3/2022. Last Day to File Motions (Excluding Daubert Motions and all other Motions in Limine): 6/17/2022. Last Day to Serve Initial Expert Reports: 6/17/2022. Last Day to Serve Rebuttal Expert Reports: 7/15/2022. Expert Discovery Cutoff: 8/12/2022. Last Day to Conduct Settlement Proceedings: 12/23/2022. Last Day to File Motions in Limine and Daubert Motions: 1/27/2023. Final Pretrial Conference set for 2/24/2023 at 10:30 AM. (See document for further information). (jp)
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| Filing 54 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 days, filed by Plaintiff Suretec Insurance Company.. (Phan, Joneis) |
| Filing 53 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Defendant Kenneth A. Johnson, II., trustee of the Kenny and Julia Johnson Family Trust. (jp) |
| Filing 52 [DOCUMENT SET ASIDE PER ORDER DATED ON 10/4/2021, SEE DOCKET ENTRY NO. #58 ] - DEFAULT BY CLERK F.R.Civ.P.55(a) as to Defendant Kenneth A. Johnson. (jp). Modified on 10/4/2021 (jp). |
| Filing 51 [DOCUMENT SET ASIDE PER ORDER DATED ON 10/4/2021, SEE DOCKET ENTRY NO. #58 ] - DEFAULT BY CLERK F.R.Civ.P.55(a) as to Defendant Jory Properties, LLC., a California limited liability company. (jp) Modified on 10/4/2021 (jp). |
| Filing 50 REQUEST for Clerk to Enter Default against Defendant Jory Properties, LLC filed by Plaintiff Suretec Insurance Company. (Attachments: #1 Declaration Declaration of Joneis M. Phan) (Phan, Joneis) |
| Filing 49 REQUEST for Clerk to Enter Default against Defendant Kenneth A. Johnson, II filed by Plaintiff Suretec Insurance Company. (Attachments: #1 Declaration Declaration of Joneis M. Phan) (Phan, Joneis) |
| Filing 48 REQUEST for Clerk to Enter Default against Defendant Kenneth A. Johnson filed by Plaintiff Suretec Insurance Company. (Attachments: #1 Declaration Declaration of Joneis M. Phan) (Phan, Joneis) |
| Filing 47 CERTIFICATE OF SERVICE filed by Plaintiff Suretec Insurance Company, re Initial Order Setting R26 Scheduling Conference - form only #40 served on July 29, 2021. (Phan, Joneis) |
| Filing 46 NOTICE of Interested Parties-John Jory LLC filed by Defendant John Jory, LLC. (Litvak, Uri) |
| Filing 45 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendant John Jory, LLC.(Litvak, Uri) |
| Filing 44 NOTICE of Interested Parties-John Jory Corporation filed by Defendant John Jory Corporation. (Litvak, Uri) |
| Filing 43 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendant John Jory Corporation.(Litvak, Uri) |
| Filing 42 PROOF OF SERVICE Executed by Plaintiff Suretec Insurance Company, upon Defendant Jory Properties, LLC served on 6/9/2021, answer due 6/30/2021. Service of the Summons and Complaint were executed upon Jory Properties, LLC in compliance with statute not specified by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Niesley, Robert) |
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Filing 40
ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge Josephine L. Staton. Scheduling Conference set for 9/10/2021 at 10:30 a.m. See Order for details. (mku)
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Filing 41
ORDER GRANTING JOINT STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS (L.R. 8-3) #36 by Judge Josephine L. Staton. Defendants SHARON JORY, an individual and SHARON JORY, trustee of the JORY FAMILY TRUST DATED APRIL 13, 1999 shall have until July 14, 2021 to file their responses to the initial Complaint. (jp)
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| Filing 39 NOTICE filed by Defendants Sharon Jory(trustee of the Jory Family Trust dated April 13, 1999), Sharon Jory(an individual). Notice of Interested Parties (Price, Benjamin) |
| Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint filed by Defendants Sharon Jory, an individua; Sharon Jory, trustee of the Jory Family Trust dated April 13, 1999 #37 . The following error(s) was/were found: (1) No Notice of Interested Parties and/or no copies. (2) Counsel must comply with Local Rule 7.1-1. 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. (jp) |
| Filing 37 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND filed by Defendants Sharon Jory(trustee of the Jory Family Trust dated April 13, 1999), Sharon Jory(an individual).(Price, Benjamin) |
| Filing 36 STIPULATION Extending Time to Answer the complaint as to Sharon Jory(trustee of the Jory Family Trust dated April 13, 1999) answer now due 7/14/2021; Sharon Jory(an individual) answer now due 7/14/2021, re Complaint (Attorney Civil Case Opening), #1 filed by Defendants Sharon Jory(trustee of the Jory Family Trust dated April 13, 1999); Sharon Jory(an individual). (Attachments: #1 Proposed Order)(Attorney Benjamin Lloyd Price added to party Sharon Jory(pty:dft), Attorney Benjamin Lloyd Price added to party Sharon Jory(pty:dft))(Price, Benjamin) |
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Filing 35
ORDER re Joint Stipulation to Extend Time to Respond to Initial Complaint By Not More Than 30 Days (L.R. 8-3) #33 by Judge Josephine L. Staton that Defendants JOHN JORY CORPORATION and JOHN JORY LLC shall have until 7/28/2021 to file their responses to the initial complaint. (jp)
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| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation Extending Time to Answer (30 days or less) #33 . The following error(s) was/were found: Case number is incorrect. 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. (jp) |
| Filing 33 Joint STIPULATION Extending Time to Answer the complaint as to John Jory, LLC answer now due 7/28/2021; John Jory Corporation answer now due 7/28/2021, filed by Defendants John Jory, LLC; John Jory Corporation. (Attachments: #1 Proposed Order)(Attorney Uri Litvak added to party John Jory Corporation(pty:dft), Attorney Uri Litvak added to party John Jory, LLC(pty:dft))(Litvak, Uri) |
| Filing 32 PROOF OF SERVICE Executed by Plaintiff Suretec Insurance Company, upon Defendant Kenneth A. Johnson served on 6/15/2021, answer due 7/6/2021. Service of the Summons and Complaint were executed upon Kenneth A. Johnson in compliance with statute not specified by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Niesley, Robert) |
| Filing 31 PROOF OF SERVICE Executed by Plaintiff Suretec Insurance Company, upon Defendant Kenneth A. Johnson, II served on 6/15/2021, answer due 7/6/2021. Service of the Summons and Complaint were executed upon Kenneth A. Johnson II, Trustee of the Kenny and Julia Johnson Family Trust in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Niesley, Robert) |
| Filing 30 PROOF OF SERVICE Executed by Plaintiff Suretec Insurance Company, upon Defendant Service of the Summons and Complaint were executed upon Sharon Jory Trustee of The Jory Family Trust Dated April 13, 1999 in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Niesley, Robert) |
| Filing 29 PROOF OF SERVICE Executed by Plaintiff Suretec Insurance Company, upon Defendant Service of the Summons and Complaint were executed upon Sharon Jory in compliance with statute not specified by personal service.Original Summons NOT returned. (Niesley, Robert) |
| Filing 28 PROOF OF SERVICE Executed by Plaintiff Suretec Insurance Company, upon Defendant Service of the Summons and Complaint were executed upon John Jory Corporation in compliance with California Code of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Niesley, Robert) |
| Filing 27 PROOF OF SERVICE Executed by Plaintiff Suretec Insurance Company, upon Defendant Service of the Summons and Complaint were executed upon John Jory LLC in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Niesley, Robert) |
| Filing 26 NOTICE OF ERRATA filed by Plaintiff Suretec Insurance Company. correcting Service of Summons and Complaint Returned Executed (21 days), #24 , Service of Summons and Complaint Returned Executed (21 days), #23 , Service of Summons and Complaint Returned Executed (21 days), #22 , Service of Summons and Complaint Returned Executed (21 days), #25 (Niesley, Robert) |
| Filing 25 PROOF OF SERVICE Executed by Plaintiff Suretec Insurance Company, upon Defendant John Jory, LLC served on 6/9/2021, answer due 6/30/2021. Service of the Summons and Complaint were executed upon John Jory LLC in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Niesley, Robert) |
| Filing 24 PROOF OF SERVICE Executed by Plaintiff Suretec Insurance Company, upon Defendant John Jory Corporation served on 6/9/2021, answer due 6/30/2021. Service of the Summons and Complaint were executed upon John Jory Corporation in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Niesley, Robert) |
| Filing 23 PROOF OF SERVICE Executed by Plaintiff Suretec Insurance Company, upon Defendant Service of the Summons and Complaint were executed upon Sharon Jory in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Niesley, Robert) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Suretec Insurance Company, upon Defendant Sharon Jory(an individual) served on 6/9/2021, answer due 6/30/2021. Service of the Summons and Complaint were executed upon Sharon Jory Trustee of The Jory Family Trust Dated April 13, 1999 in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Niesley, Robert) |
| Filing 21 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON (mku) |
| Filing 20 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Kenneth A. Johnson, II. (et) |
| Filing 19 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Sharon Jory (trustee of the Jory Family Trust dated April 13, 1999). (et) |
| Filing 18 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Kenneth A. Johnson. (et) |
| Filing 17 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Sharon Jory(an individual). (et) |
| Filing 16 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Jory Properties, LLC. (et) |
| Filing 15 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant John Jory, LLC. (et) |
| Filing 14 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant John Jory Corporation. (et) |
| Filing 13 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 12 NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge Karen E. Scott. (et) |
| Filing 11 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Suretec Insurance Company, a Texas Corporation. (Niesley, Robert) |
| Filing 10 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Suretec Insurance Company, a Texas Corporation. (Niesley, Robert) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Suretec Insurance Company, a Texas Corporation. (Niesley, Robert) |
| Filing 8 Summons Returned Unexecuted filed by Plaintiff Suretec Insurance Company, a Texas Corporation. as to Suretec Insurance Company, a Texas Corporation., Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Suretec Insurance Company, a Texas Corporation. (Niesley, Robert) |
| Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Suretec Insurance Company, a Texas Corporation. (Niesley, Robert) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Suretec Insurance Company, a Texas Corporation. (Niesley, Robert) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Suretec Insurance Company, a Texas Corporation. (Niesley, Robert) |
| Filing 4 Certification and NOTICE of Interested Parties filed by Plaintiff Suretec Insurance Company, a Texas Corporation, identifying Suretec Insurance Company; John Jory Corporation; John Jory, LLC; Jory Properties, LLC; Sharon Jory; Kenneth A. Johnson; Sharon Jory trustee of the Jory Family Trust Dated April 13, 1999; Kenneth A. Johnson II, trustee of the Kenny and Julia Johnson Family Trust. (Niesley, Robert) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Suretec Insurance Company, a Texas Corporation identifying Markel Surety Corp as Corporate Parent. (Niesley, Robert) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Suretec Insurance Company, a Texas Corporation. (Niesley, Robert) |
| Filing 1 COMPLAINT Receipt No: BCACDC-31431687 - Fee: $402, filed by Plaintiff Suretec Insurance Company, a Texas Corporation. (Attachments: #1 Exhibit, #2 Exhibit) (Attorney Robert C Niesley added to party Suretec Insurance Company, a Texas Corporation(pty:pla))(Niesley, Robert) |
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