Fresno Rock Taco, LLC v. National Surety Corporation

Justia Dockets & Filings Ninth Circuit California Eastern District Fresno Rock Taco, LLC v. National Surety Corporation

Fresno Rock Taco, LLC v. National Surety Corporation

Plaintiff:	Fresno Rock Taco, LLC
Defendant:	National Surety Corporation
Case Number:	1:2011cv00845
Filed:	May 23, 2011
Court:	U.S. District Court for the Eastern District of California
Office:	Fresno Office
County:	Fresno
Presiding Judge:	Lawrence J. O'Neill
Presiding Judge:	Michael J. Seng
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Defendant

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Date Filed	Document Text
February 27, 2015	Filing 396 ORDER GRANTING 394 Defendant's Motion for an Extension of Time to File an Amended Notice of Appeal. Pursuant to Rule 4(a)(5)(C), National is cautioned that its notice of appeal MUST BE filed within 10 days from the date of this order. Order signed by Magistrate Judge Sheila K. Oberto on 2/27/2015. (Timken, A)
January 9, 2015	Filing 393 AMENDED JUDGMENT dated 1/9/2015 in favor of Plaintiffs against Defendant pursuant to order signed by Magistrate Judge Sheila K. Oberto on 1/9/2015. (Timken, A)
October 2, 2014	Filing 381 ORDER GRANTING Defendant's Motion to Stay Execution of Judgment 370 , pending the Court's ruling on the parties' post-trial motions. Order signed by Magistrate Judge Sheila K. Oberto on 10/2/2014. (Timken, A)
September 3, 2014	Filing 369 ORDER Imposing Jury Costs and Attorneys' Fees and Expenses on Plaintiff Fresno Rock Taco, LLC. Within thirty (30) days from the date of this order, Fresno Rock Taco LLC shall pay to the Court jury costs in the amount of $5,513.16; and within thirty (30) days from the date of this order, Fresno Rock Taco shall pay to National attorneys' fees and expenses in the amount of $11,549.27. Order signed by Magistrate Judge Sheila K. Oberto on 9/2/2014. (Timken, A)
August 25, 2014	Filing 368 JUDGMENT dated 8/25/2014 in favor of Fresno Rock Taco and Zone Sports Center, LLC. CASE CLOSED. (Sant Agata, S)
July 28, 2014	Filing 337 ORDER to SHOW CAUSE Why Jury Costs and Attorneys' Fees Should Not Be Imposed on Plaintiff Fresno Rock Taco, LLC. Fresno Rock Taco shall show cause in writing by no later than August 5, 2014, why jury costs and National's attorneys' fe es should not be imposed on it; and the Clerk of Court is DIRECTED to file: a) FRT's brief submitted by email to the Court on May 29, 2014; and b) The jury cost assessment bill. Order signed by Magistrate Judge Sheila K. Oberto on 7/28/2014. (Timken, A)
April 25, 2014	Filing 323 ORDER GRANTING Defendant's Motion to Amend the Pretrial Order 319 . Defendant's motion to amend the pretrial order is GRANTED and Plaintiffs' objections thereto are OVERRULED. Order signed by Magistrate Judge Sheila K. Oberto on 4/25/2014. (Timken, A)
November 15, 2013	Filing 316 Order setting trial for May 28, 2014, at 8:30 a.m., signed by Magistrate Judge Sheila K. Oberto on 11/15/2013. Objections to Proposed Jury Instructions Deadline: 2/5/2014; Joint Verdict Form Deadline: 2/19/2014; Jury Trial set for 5/28/2014 at 08:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto.(Figueroa, O)
November 7, 2013	Filing 314 ORDER DISCHARGING Order to Show Cause, ORDER SETTING Telephonic Trial-Setting Conference. The order to show cause issued on 9/17/2013, is DISCHARGED; A telephonic trial-setting conference shall be held on 11/14/2013, at 04:00 PM bef ore Magistrate Judge Sheila K. Oberto; and the parties are directed to coordinate one conference call to the Court at (559) 499-5790 at the time and date set for the trial-setting conference. Order signed by Magistrate Judge Sheila K. Oberto on 11/7/2013. (Timken, A)
September 17, 2013	Filing 311 ORDER Denying Defendant's 298 Motion to Dismiss as Untimely: ORDER Granting 299 Motion for Sanctions; ORDER to SHOW CAUSE signed by Magistrate Judge Sheila K. Oberto on 09/16/2013. Show Cause Response due by 10/11/2013. (Flores, E)
July 31, 2013	Filing 303 STIPULATION and ORDER to AMEND the Briefing Schedule issued by the Court on July 30, 2013. The Court GRANTS the parties' stipulated briefing schedule for Defendant's Motion re: judicial estoppel and Plaintiffs' Motion re: san ctions: Briefs due: July 30, 2013 by close of business. Oppositions due: August 6, 2013; Replies due: August 9, 2013. The Motion hearing is set for August 20, 2013, at 9:30 a.m. before Magistrate Judge Sheila K. Oberto. The parties may appear by telephone by coordinating a one-line conference call and calling chambers at (559) 499-5790 at the designated time. Order signed by Magistrate Judge Sheila K. Oberto on 7/31/2013. (Timken, A)
July 19, 2013	Filing 271 ORDER on the parties' motions to amend 239 and 241 the September 11, 2012, pretrial order. Defendant's motion to amend the pretrial order is a) DENIED to the limited extent that it seeks to identify Craig Kunishige as a witness who will offer testimony other than that solely for impeachment purposes; and b) GRANTED in remaining aspects; Plaintiffs' motion to amend the pretrial order is a) DENIED as to evidence and testimony related to Brandt fees; and b) GRANTED as to evidence and the person most knowledgeable related to Defendant's financial statements. Order signed by Magistrate Judge Sheila K. Oberto on 7/18/2013. (Timken, A)
July 10, 2013	Filing 260 ORDER that the parties file reply briefs on the motions to amend the pretrial order by no later than Friday, July 12, 2013. Order signed by Magistrate Judge Sheila K. Oberto on 7/9/2013. (Timken, A)
June 25, 2013	Filing 238 ORDER SETTING TRIAL FOR JULY 31, 2013, signed by Magistrate Judge Sheila K. Oberto on 6/24/2013. (IT IS HEREBY ORDERED that: 1. Any motion to amend the 9/11/2012, pretrial order shall be filed no later than 6/26/2013, and any opposition thereto sh all be filed no later than 7/8/2013; 2. Any stipulated requests for changes to the jury instructions or the verdict form or any proposed voir dire questions shall be filed with the Court no later than 7/12/2013; 3. All trial submissions including exhibits, discovery documents, and/or deposition transcripts must be submitted to the Clerk's Office no later than 7/23/2013; and 4. The trial in this matter is set to begin Wednesday, 7/31/2013, at 08:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto.) (Gaumnitz, R)
June 20, 2013	Filing 234 ORDER on Notice of Association of Counsel, signed by Magistrate Judge Sheila K. Oberto on 6/19/2013. (Kusamura, W)
June 4, 2013	Filing 229 ORDER re DEADLINES FOR TRIAL. Any motion to amend the September 11, 2012, pretrial order shall be filed no later than June 19, 2013, and any opposition thereto shall be filed no later than June 28, 2013; Any stipulated requests for changes to the jury instructions or the verdict form shall be filed with the Court no later than July 10, 2013; and All trial submissions including exhibits, discovery documents, and/or deposition transcripts must be submitted to the Clerk's Office no later than July 16, 2013. Order signed by Magistrate Judge Sheila K. Oberto on 6/4/2013. (Timken, A)
May 22, 2013	Filing 223 ORDER re Compensation of jury, signed by Magistrate Judge Sheila K. Oberto on 5/22/2013. (Timken, A)
May 20, 2013	Filing 218 ORDER on Plaintiff's 209 Motion for Reconsideration signed by Magistrate Judge Sheila K. Oberto on 05/20/2013. (Flores, E)
April 12, 2013	Filing 195 ORDER SETTING TRAINING SESSION FOR USE OF COURTROOM TECHNOLOGY DURING TRIAL. For purposes of presenting evidence during the course of the trial in this matter, the parties are advised that a training session with Court's Information Tec hnology ("IT") personnel is set for Monday, May 6, 2013, at 3:00 in Courtroom 7. Also, as previously ordered on March 1, 2013, all trial submissions, which are limited to exhibits, discovery documents, and deposition transcripts, are to be submitted to the Court by no later than Monday, April 29, 2013. (See Doc. 188.) Order signed by Magistrate Judge Sheila K. Oberto on 4/11/2013. (Timken, A)
April 11, 2013	Filing 194 COURTROOM DECORUM. (Timken, A)
March 7, 2013	Filing 186 ORDER of Reference and Reassignment to Magistrate Judge in re 120 and 184 ; New Case Number is: 1:11-cv-845 SKO, signed by District Judge Lawrence J. O'Neill on 03/07/2013. (Martin-Gill, S)
March 1, 2013	Filing 183 ORDER SETTING TRIAL for May 7, 2013. The parties agreed that the trial should be set for Tuesday, May 7, 2013. Defendant requested additional time to consider consenting to the jurisdiction of the U.S. Magistrate Judge. If Defendant elects to consent, Defendant shall file the appropriate form on or before Wednesday, March 6, 2013, reflecting consent to magistrate judge jurisdiction. Order signed by Magistrate Judge Sheila K. Oberto on 3/1/2013. (Timken, A)
February 6, 2013	Filing 178 ORDER to VACATE TRIAL, signed by District Judge Lawrence J. O'Neill on 2/6/13. (Hellings, J)
October 23, 2012	Filing 177 ORDER ON REMAINING TRIAL SUBMISSIONS signed by District Judge Lawrence J. O'Neill on October 23, 2012. (Munoz, I)
October 22, 2012	Filing 173 ORDER REGARDING DEFENSE COUNSEL'S POTENTIAL TRIAL UNAVAILABILITY AND FOR A JOINT VERDICT FORM (Doc. 154) signed by District Judge Lawrence J. O'Neill on October 22, 2012. (Munoz, I)
October 15, 2012	Filing 153 ORDER ON DEFENDANT'S MOTION IN LIMINE NO. 5 (Doc. 142) signed by District Judge Lawrence J. O'Neill on October 15, 2012. (Munoz, I)
October 11, 2012	Filing 152 ORDER TO CORRECT ORDER ON PLAINTIFFS' MOTION IN LIMINE NO. 2 (doc. 151) signed by District Judge Lawrence J. O'Neill on October 11, 2012. (Munoz, I)
October 9, 2012	Filing 151 ORDER ON PLAINTIFFS' MOTIONS IN LIMINE [133-138] signed by District Judge Lawrence J. O'Neill on October 8, 2012. Motion Hearing currently set for 10/15/2012 is VACATED. (Munoz, I)
October 4, 2012	Filing 148 ORDER AFTER OCTOBER 4, 2012 HEARING signed by District Judge Lawrence J. O'Neill on October 4, 2012. (Munoz, I)
October 1, 2012	Filing 146 ORDER TO MEET AND CONFER AS TO MOTIONS IN LIMINE (Docs. 133-145), Signed by District Judge Lawrence J. O'Neill on 9/29/2012. Telephonic Status Hearing set for 10/4/2012 at 08:00 AM before District Judge Lawrence J. O'Neill. (Arellano, S.)
September 24, 2012	Filing 132 STIPULATION and ORDER re deposition of newly disclosed witnesses and Plaintiffs' agreement to not call certain witnesses. Order signed by Magistrate Judge Sheila K. Oberto on 9/24/2012. (Timken, A)
September 7, 2012	Filing 122 ORDER to Relate Actions and to Assign New Magistrate Judge signed by District Judge Lawrence J. O'Neill on 09/06/2012. New Case Number is 1:12-cv-845 LJO SKO. (Flores, E)
August 8, 2012	Filing 115 ORDER ON PLAINTIFFS' MOTION FOR SUMMARY ADJUDICATION 54 signed by District Judge Lawrence J. O'Neill on August 8, 2012. Motion Hearing currently set for August 14, 2012 is VACATED. (Munoz, I)
May 31, 2012	Filing 50 ORDER on parties' discovery disputes, signed by Magistrate Judge Barbara A. McAuliffe on 5/30/2012. (Discovery re: expert deposition due by 8/10/2012; Supplemental Expert Report by B. Luna and D. Peterson to respond to the opinions of P. Hamilton and G. Gray Deadline: 6/30/2012; Supplemental Report by G. Gray Deadline: 7/14/2012) (Figueroa, O)
May 25, 2012	Filing 48 ORDER on Defendant's 34 Motion for Judgment on Pleadings, signed by District Judge Lawrence J. O'Neill on 5/24/2012. This Court DENIES the National Surety Corporation's F.R.Civ.P. 12(c) Motion for Judgment on the Pleadings and VACATES the May 30, 2012 Hearing. (Marrujo, C)
March 7, 2012	Filing 29 ORDER re: Depostion of Paul Binder: (1) The deposition of Mr. Binder set for March 7, 2012, at 10:00 am is suspended, and a protective order granted, pursuant to Federal Rules of Civil Procedure 26(c). (2) Mr. Binder shall appear for a deposition on Tuesday, March 27, 2012, starting at 10:00 am at Aiken Welch Court Reporter, 1 Kaiser Plaza, Oakland, California. (3) Counsel for National Surety Company shall serve notice on Mr. Binder of the new date, time, and location of the deposition. signed by Magistrate Judge Barbara A. McAuliffe on 3/7/2012. (Herman, H)
December 22, 2011	Filing 24 (Stipulation 21 ) - ORDER to Amend Complaint and Scheduling Order: Expert Disclosures by 4/9/2012. Non-Expert and Expert Discovery Cut-off by 5/24/2012. Dispositive Motions filed by 7/2/2012. Dispositive Motion hearing deadline by 8/14/2012. JURY TRIAL set for 10/30/2012 at 08:30 AM and PRETRIAL CONFERENCE set for 9/11/2012 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. signed by Magistrate Judge Barbara A. McAuliffe on 12/20/2011. (Herman, H)

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Plaintiff: Fresno Rock Taco, LLC
Represented By:	Richard Hamlish
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Defendant: National Surety Corporation
Represented By:	Michael Lawrence Bean
Represented By:	Sean Daniel Cooney
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