Great American Alliance Insurance Company v. Village Gardens HOA et al
| Great American Alliance Insurance Company |
| Village Gardens HOA, Roy Palacios Ins. Agency, Inc., Vincencio Flores, Veronica Diaz and Cardinal Property Management, Inc. |
| 8:2022cv01502 |
| August 11, 2022 |
| US District Court for the Central District of California |
| James V Selna |
| Autumn D Spaeth |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Defendant |
Docket Report
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| Filing 45 Request for Clerk to Issue Summons on Counterclaim #43 Vincencio Flores. (Ounjian, Robert) |
| Filing 44 Request for Clerk to Issue Summons on Counterclaim #43 filed by Counterclaimants and Crossclaimants Vicencio Flores and Veronica Diaz Vincencio Flores. (Ounjian, Robert) |
| Filing 43 COUNTERCLAIM against GREAT AMERICAN ALLIANCE INSURANCE COMPANY Vincencio Flores, Veronica Diaz, filed by VINCENCIO FLORES and VERONICA DIAZ Vincencio Flores, Veronica Diaz.(Ounjian, Robert) |
| Filing 42 ANSWER to Complaint (Attorney Civil Case Opening), #1 DEFENDANTS VINCENCIO FLORES AND VERONICA DIAZS ANSWER TO PLAINTIFF GREAT AMERICAN ALLIANCE INSURANCE COMPANYS COMPLAINT AND JURY DEMAND.(Ounjian, Robert) |
| Filing 41 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Village Gardens HOA (es) |
| Filing 40 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Deficiency - Default /Default Judgment (CV-52b) - optional html form, #39 After further review of the docket and the Proof of Service returned executed filed as to Defendant Village Gardens HOA. The clerk finds that defendant is in default. See [Dkt. 36] Proof of Service. (es) |
| Filing 39 [NOTICE OF CLERICAL ERROR ISSUED 10/7/22 SEE DKT. #40 ] NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Village Gardens HOA #34 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. Although cited California Code of Civil Procedure by substituted service, Tina Stephens, Community Manager. The name of the agent authorized to accept service MUST be indicated on the proof of service. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (es) Modified on 10/7/2022 (es). |
Filing 38
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT (L.R. 8-3), #37 by Judge James V. Selna. IT IS HEREBY ORDERD THAT Defendant will file its responsive pleading to Plaintiff's Complaint by and/or on October 20, 2022. (es)
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| Filing 37 STIPULATION for Extension of Time to File Answer to October 20, 2022 re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Roy Palacios Ins. Agency, Inc.. (Attachments: #1 Proposed Order Granting Stipulation to Extend Time to Respond to Initial Complaint (L.R. 8-3))(Attorney Michelle Amanda Zaks added to party Roy Palacios Ins. Agency, Inc.(pty:dft))(Zaks, Michelle) |
| Filing 36 PROOF OF SERVICE filed by Plaintiff Great American Alliance Insurance Company, re Proof of Service (subsequent documents) #35 , REQUEST for Clerk to Enter Default against Defendant Village Gardens HOA #34 by personal service served on 10/5/2022. (Yanni, Rebekah) |
| Filing 35 CERTIFICATE OF SERVICE filed by Plaintiff Great American Alliance Insurance Company, re Initial Order Setting R26 Scheduling Conference - form only #33 served on 10/5/2022. (Yanni, Rebekah) |
| Filing 34 REQUEST for Clerk to Enter Default against Defendant Village Gardens HOA filed by Plaintiff Great American Alliance Insurance Company. (Attachments: #1 Declaration of Rebekah E. Yanni in Support of Plaintiff's Request for Entry of Default by Clerk Against Defendant Village Gardens HOA) (Yanni, Rebekah) |
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Filing 33
Order Setting Rule 26(f) Scheduling Conference for 11/7/2022 at 10:30 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 10/28/2022. (lb)
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| Filing 32 PROOF OF SERVICE Executed by Plaintiff Great American Alliance Insurance Company, upon Defendant Roy Palacios Ins. Agency, Inc. served on 8/16/2022, answer due 10/6/2022. Service of the Summons and Complaint were executed upon Roy Palacios, Registered Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Yanni, Rebekah) |
| Filing 31 PROOF OF SERVICE Executed by Plaintiff Great American Alliance Insurance Company, upon Defendant Cardinal Property Management, Inc. served on 8/16/2022, answer due 10/5/2022. Service of the Summons and Complaint were executed upon Jackie "Doe", Receptionist in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Yanni, Rebekah) |
| Filing 30 PROOF OF SERVICE Executed by Plaintiff Great American Alliance Insurance Company, upon Defendant Vincencio Flores served on 8/18/2022, answer due 10/12/2022. Service of the Summons and Complaint were executed upon Veronica Diaz, Co-Occupant in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Yanni, Rebekah) |
| Filing 29 PROOF OF SERVICE Executed by Plaintiff Great American Alliance Insurance Company, upon Defendant Veronica Diaz served on 8/18/2022, answer due 10/12/2022. Service of the Summons and Complaint were executed upon Veronica Diaz in compliance with statute not specified by personal service.Original Summons NOT returned. (Yanni, Rebekah) |
| Filing 28 PROOF OF SERVICE Executed by Plaintiff Great American Alliance Insurance Company, upon Defendant Village Gardens HOA served on 9/1/2022, answer due 9/22/2022. Service of the Summons and Complaint were executed upon Tina Stephens, Community Manager in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. (Yanni, Rebekah) |
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Filing 27
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge James V. Selna: Granting #21 , #23 Non-Resident Attorney Mark R. Vespole APPLICATION to Appear Pro Hac Vice on behalf of Defendant(s) Great American Alliance Insurance Company, designating Rebekah E. Yanni as local counsel. (es)
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| Filing 26 Notice of Appearance or Withdrawal of Counsel: for attorney Colleen Judith Downes counsel for Defendant Roy Palacios Ins. Agency, Inc.. Colleen Judith Downes is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Roy Palacios Ins. Agency, Inc.. (Downes, Colleen) |
| Filing 25 Notice of Appearance or Withdrawal of Counsel: for attorney Gary Steven Spitzer counsel for Defendant Roy Palacios Ins. Agency, Inc.. Adding Gary Steven Spitzer as counsel of record for Roy Palacios Ins. Agency, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Roy Palacios Ins. Agency, Inc.. (Attorney Gary Steven Spitzer added to party Roy Palacios Ins. Agency, Inc.(pty:dft))(Spitzer, Gary) |
| Filing 24 STIPULATION Extending Time to Answer the complaint as to Cardinal Property Management, Inc. answer now due 10/5/2022, re Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Great American Alliance Insurance Company.(Yanni, Rebekah) |
| Filing 23 Corrected APPLICATION of Non-Resident Attorney Mark R. Vespole to Appear Pro Hac Vice on behalf of Plaintiff Great American Alliance Insurance Company (Pro Hac Vice Fee - $500.00 Previously Paid on 9/8/2022, Receipt No. 33949979) filed by Plaintiff Great American Alliance Insurance Company. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Yanni, Rebekah) |
| Filing 22 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Mark R. Vespole to Appear Pro Hac Vice on behalf of Plaintiff Great American Alliance Insurance Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33949979) #21 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) |
| Filing 21 APPLICATION of Non-Resident Attorney Mark R. Vespole to Appear Pro Hac Vice on behalf of Plaintiff Great American Alliance Insurance Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33949979) filed by Plaintiff Great American Alliance Insurance Company. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Yanni, Rebekah) |
| Filing 20 STIPULATION Extending Time to Answer the complaint as to Roy Palacios Ins. Agency, Inc. answer now due 10/6/2022, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Roy Palacios Ins. Agency, Inc..(Attorney Colleen Judith Downes added to party Roy Palacios Ins. Agency, Inc.(pty:dft))(Downes, Colleen) |
| Filing 19 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Village Gardens HOA. (es) |
| Filing 18 DEMAND for Jury Trial Veronica Diaz, Vincencio Flores.. (Ounjian, Robert) |
| Filing 17 STIPULATION Extending Time to Answer the complaint as to Vincencio Flores answer now due 10/12/2022; Veronica Diaz answer now due 10/12/2022, re Complaint (Attorney Civil Case Opening), #1 Vincencio Flores; Veronica Diaz.(Attorney Robert John Ounjian added to party Veronica Diaz(pty:dft), Attorney Robert John Ounjian added to party Vincencio Flores(pty:dft))(Ounjian, Robert) |
| Filing 16 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Great American Alliance Insurance Company. (Yanni, Rebekah) |
| Filing 15 Summons Returned Unexecuted filed by Plaintiff Great American Alliance Insurance Company. as to Village Gardens HOA. (Yanni, Rebekah) |
| Filing 14 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 13 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Cardinal Property Management, Inc., Veronica Diaz, Vincencio Flores, Roy Palacios Ins. Agency, Inc. and Village Gardens HOA. (Attachments: #1 Palacios, #2 Village Gardens HOA, #3 VFlores, #4 VDiaz) (jtil) |
| Filing 12 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Mark Vespole. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 11 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 10 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 9 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Autumn D. Spaeth. (jtil) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Great American Alliance Insurance Company. (Yanni, Rebekah) |
| Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Great American Alliance Insurance Company. (Yanni, Rebekah) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Great American Alliance Insurance Company. (Yanni, Rebekah) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Great American Alliance Insurance Company. (Yanni, Rebekah) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Great American Alliance Insurance Company. (Yanni, Rebekah) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Great American Alliance Insurance Company identifying American Financial Group, Inc. as Corporate Parent. (Yanni, Rebekah) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Great American Alliance Insurance Company. (Yanni, Rebekah) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33794449 - Fee: $402, filed by Plaintiff Great American Alliance Insurance Company. (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) (Attorney Rebekah Elizabeth Yanni added to party Great American Alliance Insurance Company(pty:pla))(Yanni, Rebekah) |
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