Nicholas P. Theders v. New York Life Insurance Company et al
| Nicholas P. Theders |
| New York Life Insurance Company and Does 1-20, inclusive |
| 8:2022cv01604 |
| August 30, 2022 |
| US District Court for the Central District of California |
| David O Carter |
| Douglas F McCormick |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 45 REQUEST to the Clerk to Tax Costs against Plaintiff Nicholas P. Theders re: Judgment #43 , filed by Defendant New York Life Insurance Company. (Attachments: #1 Exhibit Exhibits to Application to the Clerk to Tax Costs) (Maguire, Daniel) |
| Filing 44 [FOR COURT USE ONLY: STATISTICAL CORRECTION] JUDGMENT by Judge David O. Carter: RE #42 REQUEST for Judgment. Related to: REQUEST for Judgment (twdb) Modified on 6/8/2023 (twdb). |
| Filing 43 JUDGMENT by Judge David O. Carter, in favor of Defendant New York Life Insurance Company against Nicholas P. Theders. Related to: REQUEST for Judgment #42 . (twdb) |
| Filing 42 REQUEST for Judgment Request for Entry of Judgment filed by Defendant New York Life Insurance Company. (Maguire, Daniel) |
Filing 41
ORDER GRANTING DEFENDANT'S MOTIONS FOR SUMMARY JUDGMENT #17 by Judge David O. Carter. The Court GRANTS Defendant's Motion for Summary Judgment. MD JS-6. Case Terminated. (rolm)
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| Filing 40 MINUTES OF FINAL PRETRIAL CONFERENCE MOTION IN LIMINE (1) TO EXCLUDE EXPERT TESTIMONY #30 MOTION IN LIMINE (2) TO PRECLUDE HEARSAY TESTIMONY #31 MOTION IN LIMINE (3) TO PRECLUDE EXPERT TESTIMONY #32 MOTION IN LIMINE (2) TO EXCLUDE EVIDENCE REGARDING FAIR MARKET VALUE #27 MOTION IN LIMINE (3) FOR PROTECTIVE ORDER REGARDING DEFENDANT'S FINANCIAL CONDITION #28 MOTION IN LIMINE (4) TO EXCLUDE EVIDENCE REGARDING PLAINTIFF'S PHYSICAL CONDITION #29 held before Judge David O. Carter. The case is called. The Court and counsel confer. The Court hears further argument on Motion for Summary Judgment #17 . Motion is taken under submission. Court Reporter: Sharon Seffens. (rolm) |
| Filing 39 MINUTES OF Final Pretrial Conference MOTION IN LIMINE (1) TO EXCLUDE EXPERT TESTIMONY #30 MOTION IN LIMINE (2) TO PRECLUDE HEARSAY TESTIMONY #31 MOTION IN LIMINE (3) TO PRECLUDE EXPERT TESTIMONY #32 MOTION IN LIMINE (2) TO EXCLUDE EVIDENCE REGARDING FAIR MARKET VALUE #27 MOTION IN LIMINE (3) FOR PROTECTIVE ORDER REGARDING DEFENDANT'S FINANCIAL CONDITION #28 MOTION IN LIMINE (4) TO EXCLUDE EVIDENCE REGARDING PLAINTIFF'S PHYSICAL CONDITION #29 held before Judge David O. Carter. The final pretrial conference and all motions in limine are continued to May 31, 2023 at 9:30 AM. Court Recorder: CS 05/30/23. (rolm) |
| Filing 38 MEMORANDUM in Opposition to MOTION IN LIMINE (#4) to Exclude Evidence Regarding Plaintiff's Physical Condition #29 filed by Plaintiff Nicholas P. Theders. (Knypstra, Bradley) |
| Filing 37 MEMORANDUM in Opposition to MOTION IN LIMINE (#2) to Exclude Evidence Regarding Fair Market Value #27 filed by Plaintiff Nicholas P. Theders. (Knypstra, Bradley) |
| Filing 36 Opposition opposition re: MOTION IN LIMINE (#3) to Preclude Expert Testimony from Lay Person #32 filed by Defendant New York Life Insurance Company. (Maguire, Daniel) |
| Filing 35 Opposition opposition re: MOTION IN LIMINE (#2) to Preclude Hearsay Testimony #31 filed by Defendant New York Life Insurance Company. (Maguire, Daniel) |
| Filing 34 Opposition opposition re: MOTION IN LIMINE 1 to Exclude Expert Testimony #30 filed by Defendant New York Life Insurance Company. (Maguire, Daniel) |
| Filing 33 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Nicholas P. Theders. (Attachments: #1 Joint (Proposed) Pretrial Conference Order)(Knypstra, Bradley) |
| Filing 32 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Preclude Expert Testimony from Lay Person filed by Plaintiff Nicholas P. Theders. Motion set for hearing on 5/30/2023 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order)(Knypstra, Bradley) |
| Filing 31 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Preclude Hearsay Testimony filed by Plaintiff Nicholas P. Theders. Motion set for hearing on 5/30/2023 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order)(Knypstra, Bradley) |
| Filing 30 NOTICE OF MOTION AND MOTION IN LIMINE 1 to Exclude Expert Testimony filed by Plaintiff Nicholas P. Theders. Motion set for hearing on 5/30/2023 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order)(Knypstra, Bradley) |
| Filing 29 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude Evidence Regarding Plaintiff's Physical Condition filed by Defendant New York Life Insurance Company. Motion set for hearing on 5/30/2023 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order)(Maguire, Daniel) |
| Filing 28 NOTICE OF MOTION AND MOTION IN LIMINE (#3) for Protective Order Regarding Defendant's Financial Condition filed by Defendant New York Life Insurance Company. Motion set for hearing on 5/30/2023 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order)(Maguire, Daniel) |
| Filing 27 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude Evidence Regarding Fair Market Value filed by Defendant New York Life Insurance Company. Motion set for hearing on 5/30/2023 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order)(Maguire, Daniel) |
| Filing 26 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Expert Testimony filed by Defendant New York Life Insurance Company. Motion set for hearing on 5/30/2023 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order)(Maguire, Daniel) |
| Filing 25 Witness List filed by Plaintiff Nicholas P. Theders.. (Knypstra, Bradley) |
| Filing 24 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Nicholas P. Theders. (Knypstra, Bradley) |
| Filing 23 Joint Exhibit List filed by Defendant New York Life Insurance Company.. (Maguire, Daniel) |
| Filing 22 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant New York Life Insurance Company. (Maguire, Daniel) |
| Filing 21 Witness List filed by Defendant New York Life Insurance Company.. (Maguire, Daniel) |
| Filing 20 MINUTES OF Motion Hearing held before Judge David O. Carter: MOTION FOR SUMMARY JUDGMENT AS TO ALL CLAIMS IN PLAINTIFF'S COMPLAINT. The Court hears oral arguments. Taking under advisement #17 Motion for Summary Judgment as to all claims. Court Reporter: Deborah Parker. (twdb) |
| Filing 19 REPLY in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to On All Claims in Plaintiff's Complaint #17 filed by Defendant New York Life Insurance Company. (Attachments: #1 Response to Plaintiff's Statement of Genuine Disputes and Additional Material Facts, #2 Objections to Evidence Submitted in Support of Plaintiff's Opposition to Motion for Summary Judgment, #3 Declaration of Daniel W. Maguire in Support of Objections to Evidence)(Maguire, Daniel) |
| Filing 18 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to On All Claims in Plaintiff's Complaint #17 filed by Plaintiff Nicholas P. Theders. (Attachments: #1 Plaintiff's Statement of Genuine Disputes, #2 Declaration of Nicholas Theders, #3 Declaration of Lindsay Mingee)(Knypstra, Bradley) |
| Filing 17 NOTICE OF MOTION AND MOTION for Summary Judgment as to On All Claims in Plaintiff's Complaint filed by Defendant New York Life Insurance Company. Motion set for hearing on 5/8/2023 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Statement of Uncontroverted Facts, #2 Declaration Declaration of David Kiepler, #3 Declaration Declaration of Daniel W. Maguire, #4 Declaration Declaration of Annette De Robertis, #5 Notice of Lodging Proposed Judgment) (Maguire, Daniel) |
| Filing 16 STATUS REPORT Joint Status Report Re Mediation filed by Defendant New York Life Insurance Company. (Maguire, Daniel) |
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Filing 15
ORDER/REFERRAL to ADR Procedure No 3 by Judge David O. Carter. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 5/20/2023. (kdu)
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Filing 14
SCHEDULING ORDER by Judge David O. Carter. Discovery cut-off 5/12/2023. Motions due by 5/8/2023. Final Pretrial Conference set for 5/30/2023 08:30 AM before Judge David O. Carter. Jury Trial set for 6/27/2023 08:30 AM before Judge David O. Carter. (kdu)
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| Filing 13 MINUTES OF Scheduling Conference held before Judge David O. Carter. The case is called. The Court and counsel confer. The Courts scheduling order to issue. Court Reporter: Court Smart. (twdb) |
| Filing 12 JOINT RULE 26(f) REPORT filed by Plaintiff Nicholas P. Theders. (Knypstra, Bradley) |
| Filing 11 Notice of Electronic Filing re Certificate/Notice of Interested Parties #10 e-mailed to M. Christopher Hall bounced due to No longer with the firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
| Filing 10 NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, identifying Nicholas P. Theders. (Knypstra, Bradley) |
| Filing 9 ANSWER to Complaint - (Discovery) filed by Defendant New York Life Insurance Company.(Maguire, Daniel) |
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Filing 8
INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE DAVID O. CARTER by Judge David O. Carter. (kdu)
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Filing 7
ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 10/17/2022 at 08:30 AM before Judge David O. Carter. (kdu)
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| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Douglas F. McCormick. (ghap) |
| Filing 3 Certification and Notice of Interested Parties filed by Defendant New York Life Insurance Company, identifying New York Life Insurance Company. (Attachments: #1 Proof of Service)(Maguire, Daniel) |
| Filing 2 CIVIL COVER SHEET filed by Defendant New York Life Insurance Company. (Maguire, Daniel) |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2022-01272454 Receipt No: ACACDC-33896471 - Fee: $402, filed by Defendant New York Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Proof of Service) (Attorney Daniel W Maguire added to party New York Life Insurance Company(pty:dft))(Maguire, Daniel) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1-20, inclusive, New York Life Insurance Company. Jury Demanded., filed by plaintiff Nicholas P. Theders. (FILED IN STATE COURT ON 7/29/2022 SUBMITTED ATTACHED EXHIBIT 1) (ghap) |
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