S.J.P. et al v. Wilshire Insurance Company, Inc.
S.J.P. and P.S.P. |
Wilshire Insurance Company, Inc. |
Emiliano Perez Ramos individually and Doing business as E&M Trucking |
1:2015cv01621 |
October 23, 2015 |
US District Court for the Eastern District of California |
Fresno Office |
Fresno |
Anthony W Ishii |
Jennifer L Thurston |
Insurance |
28 U.S.C. § 1332 Diversity-Insurance Contract |
Plaintiff |
Docket Report
This docket was last retrieved on April 13, 2017. A more recent docket listing may be available from PACER.
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Filing 68 ORDER ADOPTING IN FULL #64 FINDINGS AND RECOMMENDATIONS APPROVING THE MINORS' COMPROMISE AS TO MINOR PLAINTIFF P.S.P. AND FINDING IT MOOT AS TO PLAINTIFF S.J.P. AND DIRECTING THE CLERK OF COURT TO CLOSE THE ACTION signed by District Judge Anthony W. Ishii on 4/13/2017. CASE CLOSED. (Lundstrom, T) |
Filing 67 MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 4/13/2017: The Court has received the stipulated request for dismissal (Doc. #65 ). However, it cannot close this action unless and until the Court adopts the Findings and Recommendations re: the minor's compromise. It will hold the request for dismissal until after that time. (Hall, S) |
Filing 66 PROPOSED ORDER re Order Entering Dismissal with Prejudice re #64 Findings and Recommendations (Motion),, Order on Motion for Miscellaneous Relief, #65 Stipulation by P.S.P.. (Echeverria, Ricardo) |
Filing 65 STIPULATION for Dismissal of the Action with Prejudice by P.S.P.. (Attachments: #1 Proposed Order)(Echeverria, Ricardo) |
Filing 64 FINDINGS and RECOMMENDATIONS to Approve Minors' Compromise as to P.S.P. but to Find it Moot as to S.J.P.; ORDER DENYING Request for Status Conference, signed by Magistrate Judge Jennifer L. Thurston on 4/4/2017. Referred to Judge Anthony W. Ishii. Objections to F&R due within 7 days. (Hall, S) |
Filing 63 REQUEST for Status Conference re Settlement by P.S.P. re #62 Petition,, filed by P.S.P.. (Echeverria, Ricardo) |
Filing 62 PETITION for Minors Compromise pursuant to Local Rule 202(B)(1) by P.S.P.. (Attachments: #1 Exhibit Order for Ex Parte Application to Establish and for the Administration of Paregien QSF, #2 Exhibit Declaration of Ginger Susman of Providio Medisolutions, LLC, #3 Exhibit Petition to Approve Compromise of Disputed Claim re Shawn Paregien, #4 Exhibit Order Approving Compromise of Disputed Claim re Shawn Paregien, #5 Exhibit Petition to Approve Compromise of Disputed Claim re Piper Paregien, #6 Exhibit Order Approving Compromise of Disputed Claim re Piper Paregien)(Echeverria, Ricardo) |
Filing 61 ORDER DISCHARGING #59 Order to Show Cause; ORDER GRANTING Request for Extension of Time to File the Petition for Minors' Compromise, signed by Magistrate Judge Jennifer L. Thurston on 3/3/2017. (Hall, S) |
Filing 60 RESPONSE to ORDER to SHOW CAUSE by S.J.P.. (Echeverria, Ricardo) |
Filing 59 ORDER to SHOW CAUSE to Emiliano Perez and His Attorney William Alexander Why Sanctions Should Not Be Imposed for Their Failure to Execute the Settlement Agreement, signed by Magistrate Judge Jennifer L. Thurston on 2/28/2017. Show Cause Response due by 3/3/2017. (Hall, S) |
Filing 58 JOINT STATUS REPORT by P.S.P.. (Echeverria, Ricardo) |
Filing 57 JOINT STATUS REPORT by P.S.P.. (Echeverria, Ricardo) |
Filing 56 ORDER DENYING #55 the Second Request for an Extension of Time to File the Petition for Approval of the Minors' Compromise, signed by Magistrate Judge Jennifer L. Thurston on 2/2/2017. Petitions for minors' compromise due by 3/3/2017. Joint status reports due by 2/10/2017 and 2/24/2017. (Hall, S) |
Filing 55 REQUEST for Extension of Time to File the Petitions for Approval of Minor's Compromise by S.J.P. re #54 Order, #52 Order. (Echeverria, Ricardo). |
Filing 54 ORDER GRANTING #53 Extension of Time to File the Petition for Approval of the Minors' Compromise, signed by Magistrate Judge Jennifer L. Thurston on 11/16/2016. Petition for minors' compromise due by 2/3/2017. (Hall, S) |
Filing 53 REQUEST for Extension of Time to File the Petitions for Approval of Minor's Compromise by P.S.P. re #52 Order,, Terminate Deadlines and Hearings,, Set/Reset Deadlines and Hearings,, Order on Motion to Dismiss,, Order on Motion for Discovery,. (Echeverria, Ricardo) |
Filing 52 ORDER AFTER #51 NOTICE OF SETTLEMENT, signed by Magistrate Judge Jennifer L. Thurston on 11/1/2016. Petitions for approval of minors' compromise due by 11/23/2016. All other pending dates, conferences and hearings are VACATED and all pending motions are TERMINATED. (Hall, S) |
Filing 51 NOTICE of SETTLEMENT by P.S.P.. (Echeverria, Ricardo) |
Filing 50 ORDER GRANTING #48 Stipulation Extending Non-Expert Discovery Cutoff to February 6, 2017, signed by Magistrate Judge Jennifer L. Thurston on 10/26/2016. (Hall, S) |
Filing 49 MOTION for DISCOVERY DISAGREEMENT BETWEEN WILSHIRE INSURANCE COMPANY, PLAINTIFFS, AND THE LAW FIRMS OF SHERNOFF BIDART ECHEVERRIA LLP AND YOUNG WOOLDRIDGE LLP by Wilshire Insurance Company, Inc.. Motion Hearing set for 11/16/2016 at 09:30 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Sorrell, Todd) |
Filing 48 STIPULATION and PROPOSED ORDER for Extending Non-Expert Discovery Cutoff to February 6, 2017 by Wilshire Insurance Company, Inc.. (Sorrell, Todd) |
Filing 46 ORDER GRANTING #45 SUBSTITUTION OF ATTORNEY, signed by Magistrate Judge Jennifer L. Thurston on 10/21/2016. Attorney William L. Alexander substituted for Third Party Defendant Emiliano Perez Ramos. (Hall, S) |
Filing 47 MINUTES (Text Only) for proceedings before Magistrate Judge Jennifer L. Thurston: TELEPHONIC CONFERENCE RE: DISCOVERY DISPUTE held in chambers and off the record on 10/20/2016. The parties were unable to reach a compromise. Wilshire is authorized to file its motion to compel discovery. Counsel are reminded of the requirements of Local Rule 251(c). Plaintiffs Counsel Danica Crittenden, Scott Howry and Steve Schuetze present. Defendants Counsel Todd Sorrell Third Party Defendant's Counse: William Alexander present. (Hall, S) |
Filing 45 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Emiliano Perez Ramos. (Alexander, William) |
Filing 44 BRIEF by S.J.P.. Attorney Howry, Scott D added. (Attachments: #1 Declaration)(Howry, Scott) |
Filing 43 MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 10/18/2016: Pursuant to the parties' request, the Court sets an INFORMAL TELEPHONIC CONFERENCE re Discovery Dispute for 10/20/2016 at 12:00 PM before Magistrate Judge Jennifer L. Thurston. The parties may lodge a brief, not to exceed 5 pages, setting forth their positions no later than 10/19/2016 at 05:00 PM by email to JLTOrders@caed.uscourts.gov. For purposes of the conference, the parties SHALL arrange for a one-line conference call and provide the Court with the dial-in instructions. (Hall, S) |
Filing 42 MINUTE ORDER: (TEXT ENTRY ONLY) The Court has deemed plaintiffs #30 Motion to Dismiss noticed for hearing on 10/17/2016 before Senior District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). And, as such, the hearing on same is VACATED and the matter will be taken under submission as of that date, signed by Senior District Judge Anthony W. Ishii on 10/13/2016. (Kusamura, W) |
Filing 41 ASSOCIATION of ATTORNEY: (Echeverria, Ricardo) |
Filing 40 RESPONSE by Emiliano Perez Ramos to #32 Notice - Other. (Guerrero, Jose) |
Filing 39 NOTICE of CHANGE of ADDRESS by Ricardo Echeverria. (Echeverria, Ricardo) |
Filing 38 MINUTE ORDER: (TEXT ENTRY ONLY) #30 MOTION to DISMISS Hearing currently set for 9/19/2016 is moved to 10/17/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, signed by District Judge Anthony W. Ishii on 9/13/2016. (Kusamura, W) |
Filing 37 REPLY by P.S.P. re #30 MOTION to DISMISS. (Attachments: #1 Declaration)(Echeverria, Ricardo) |
Filing 36 NOTICE of APPEARANCE by Michelle Lynnea Mello on behalf of Wilshire Insurance Company, Inc.. Attorney Mello, Michelle Lynnea added. (Mello, Michelle) |
Filing 35 OPPOSITION by Wilshire Insurance Company, Inc. to #30 MOTION to DISMISS. (Attachments: #1 Declaration of Peter H. Mason, #2 Declaration of Michael C. Kellar with Exhibits A-I, #3 Response to Plaintiffs/Counter-Defendants' Statement of Undisputed Facts; Statement of Additional Facts, #4 Proof of Service)(Mason, Peter) |
Filing 34 MINUTE ORDER: (TEXT ENTRY ONLY) Based upon the information contained in the joint mid-discovery status conference, the mid-discovery status conference set on 8/29/16 is VACATED. The parties are admonished to complete all discovery within the current deadlines, signed by Magistrate Judge Jennifer L. Thurston on 8/23/2016. (Kusamura, W) |
Filing 33 JOINT STATUS REPORT by P.S.P., Wilshire Insurance Company, Inc.. (Echeverria, Ricardo) |
Filing 32 NOTICE OF MID-DISCOVERY STATUS CONFERENCE by Wilshire Insurance Company, Inc.. (Sorrell, Todd) |
Filing 31 NOTICE of Joinder and Joinder by Emiliano Perez Ramos re #30 MOTION to DISMISS. Attorney Guerrero, Jose Alfonso added. (Guerrero, Jose) |
Filing 30 MOTION to DISMISS by S.J.P.. Motion Hearing set for 9/19/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Statement of Undisputed Facts, #2 Declaration of Ricardo Echeverria, #3 Declaration Of Scott D. Howry, #4 Declaration of Emiliano Perez Ramos, #5 Declaration of Antonio Oliva)(Echeverria, Ricardo) |
Filing 29 SUMMONS RETURNED EXECUTED: Emiliano Perez Ramos served on 7/22/2016, answer due 8/12/2016. (Sorrell, Todd) |
Filing 28 AMENDED SUMMONS ISSUED as to *Emiliano Perez Ramos* with answer to complaint due within *21* days. Attorney *Todd M. Sorrell* *Norton Rose Fulbright US LLP* *555 S. Flower Street, 41st Floor* *Los Angeles, CA 90071*. (Jessen, A) |
Filing 27 NOTICE of CHANGE of ADDRESS by Todd M Sorrell. (Sorrell, Todd) |
Filing 26 SUMMONS ISSUED as to *Emiliano Perez Ramos* with answer to complaint due within *21* days. Attorney *Todd M. Sorrell* *Norton Rose Fulbright US LLP* *865 South Figueroa Street, 29th Floor* *Los Angeles, CA 90017*. (Flores, E) |
Filing 25 COUNTERCLAIM against All Plaintiffs by Wilshire Insurance Company, Inc.., THIRD PARTY COMPLAINT against Emiliano Perez Ramos by Wilshire Insurance Company, Inc..(Sorrell, Todd) |
Filing 24 STIPULATION and ORDER #23 to File Counterclaim and Third Party Complaint, signed by Magistrate Judge Jennifer L. Thurston on 7/12/2016. (Hall, S) |
Filing 23 STIPULATION and PROPOSED ORDER for Order to File Counterclaim and Third Party Complaint by Wilshire Insurance Company, Inc.. (Attachments: #1 Exhibit A - Counterclaim and Third Party Complaint, #2 Affidavit - Proof of Service)(Sorrell, Todd) |
Filing 22 STIPULATED PROTECTIVE ORDER #21 , signed by Magistrate Judge Jennifer L. Thurston on 6/12/2016. (Hall, S) |
Filing 21 STIPULATION and PROPOSED ORDER for PROTECTIVE ORDER by Wilshire Insurance Company, Inc.. (Sorrell, Todd) |
Filing 20 MINUTE ORDER: (TEXT ENTRY ONLY) Due to the re-assignment of the case to Senior District Judge Ishii. The Scheduling Order is modified: Dispositive Motion Deadlines: Filed by 5/8/2017; Hearing should now be set for 6/13/2017. Pretrial Conference and Jury Trial set before Judge O'Niell are VACATED and are now set before Judge Ishii. (Pretrial Conference set for 8/1/2017 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, Jury Trial set for 9/26/2017 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii.) All other hearings and deadlines will remain as set.(Kusamura, W) |
Filing 19 CLERK'S NOTICE (Text Only Entry): Re #18 Order of Recusal. This case has been reassigned to District Judge Anthony W. Ishii. The new case number is 1:15-cv-01621-AWI-JLT. (Lundstrom, T) |
Filing 18 ORDER of RECUSAL signed by District Judge Lawrence J. O'Neill on 2/22/2016. District Judge Lawrence J. O'Neill recused from this action. (Lundstrom, T) |
Filing 17 SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 2/23/2016. Pleading Amendment Deadline 7/15/2016. Discovery Deadlines: Initial Disclosures 3/11/2016; Non-Expert 1/4/2017; Expert 3/13/2017. Mid-Discovery Status Conference set for 8/29/2016 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 3/27/2017; Hearing by 4/24/2017. Dispositive Motion Deadlines: Filed by 5/8/2017; Hearing by 6/20/2017. Settlement Conference set for 7/10/2017 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 8/1/2017 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. Jury Trial set for 9/26/2017 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Hall, S) |
Filing 16 CLERK'S NOTICE (text only): CASE ASSIGNED to District Judge Lawrence J. O'Neill. New Case No. 1:15-cv-01621 LJO JLT. (Hellings, J) |
Filing 15 MINUTE ORDER (Text Entry Only), signed by Magistrate Judge Jennifer L. Thurston on 2/22/2016: Defendant declined #14 to consent to Magistrate Judge jurisdiction for all proceedings in this action. Accordingly, the Clerk of Court is DIRECTED to assign a District Judge (Fresno) to this action. (Hall, S) |
Filing 14 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Wilshire Insurance Company, Inc.. (Sorrell, Todd) |
Filing 13 MINUTES (Text Only) for proceedings before Magistrate Judge Jennifer L. Thurston: STATUS CONFERENCE RE CONSENT held on 2/9/2016. The Court discussed procedures in light of the Sacramento designation as well as consent to Magistrate Judge jurisdiction. Plaintiffs CONSENTED to Magistrate Judge jurisdiction on the record. Defense counsel SHALL discuss the issue of consenting to Magistrate Judge jurisdiction with their client and SHALL file a consent or decline form within 10 days. Plaintiffs Counsel Ricardo Echeverria and Danica Crittenden present. Defendants Counsel Todd Sorrell present. Court Reporter/CD Number: ECRO/FTR. (Hall, S) |
Filing 12 JOINT SCHEDULING REPORT by P.S.P.. (Echeverria, Ricardo) |
Filing 11 STATEMENT of Disclosure FRCP 7.1(a) by Defendant Wilshire Insurance Company, Inc.. (Mason, Peter) |
Filing 10 ANSWER by Wilshire Insurance Company, Inc..(Mason, Peter) |
Filing 9 STIPULATION and ORDER #8 Extending Time to Respond to Initial Complaint, signed by Magistrate Judge Jennifer L. Thurston on 12/21/2015. Defendant's response to complaint due by 1/8/2016. (Hall, S) |
Filing 8 STIPULATION and PROPOSED ORDER for Order Extending Time to Respond to Initial Complaint re #1 Complaint, by Wilshire Insurance Company, Inc.. Attorney Sorrell, Todd M added. (Sorrell, Todd) |
Filing 7 ORDER GRANTING (Docs. 1-3, 1-4) the Motion to Appoint Chad Paregien as Guardian ad Litem for Minor Plaintiff P.S.P. and Sandra Dudley as Guardian ad Litem for Minor Plaintiff S.J.P., signed by Magistrate Judge Jennifer L. Thurston on 11/25/2015. (Hall, S) |
Filing 6 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Wilshire Insurance Company, Inc.. (Mason, Peter) |
Filing 5 STIPULATION to Extend Time to Respond to Initial Complaint by Wilshire Insurance Company, Inc.. Attorney Mason, Peter H added. (Mason, Peter) |
Filing 4 SUMMONS RETURNED EXECUTED: Wilshire Insurance Company, Inc. served on 11/3/2015, answer due 11/24/2015. (Echeverria, Ricardo) |
Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED: Status Conference re Consent / Initial Scheduling Conference set for 2/9/2016 at 09:00 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Order Assigning Action to Sac DJ, #2 Consent Form, #3 VDRP) (Gonzalez, R) |
Filing 2 SUMMONS ISSUED as to *Wilshire Insurance Company, Inc.* with answer to complaint due within *21* days. Attorney *Ricardo Echeverria* *Shernoff Bidart Echeverria Bentley, LLP* *600 South Indian Hill Boulevard* *Claremont, CA 91711*. (Gonzalez, R) |
Filing 1 COMPLAINT and Demand for Jury Trial against Wilshire Insurance Company, Inc. by Shawn J Paregien, Piper S Paregien. Attorney Echeverria, Ricardo added. (Filing fee $ 400, receipt number 0972-6140777) (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Petition and Order for Appointment of a Guardian Ad Litem for Minor Piper S. Paregien, #4 Petition and Order for Appointment of a Guardian Ad Litem for Minor Shawn J. Paregien)(Echeverria, Ricardo) |
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