Lockhart et al v. Travelers Commercial Insurance Company
| Patricia Lockhart and Donald Lockhart |
| Travelers Commercial Insurance Company |
| 1:2021cv00268 |
| February 25, 2021 |
| US District Court for the Eastern District of California |
| Dale A Drozd |
| Sheila K Oberto |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 21
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 4/21/2021: (Text Only Entry) On April 21, 2021, the Court issued Findings and Recommendation that the Motion to Withdraw Be Granted and an Order Denying Plaintiff Donald Lockhart's Motion for Ex Parte Emergency Relief (the "Order"). (Doc. #20 .) Plaintiffs' counsel is ORDERED to file on the Court's docket proof of service of the Order upon Plaintiffs at their current or last known address(es) by no later than April 23, 2021. (Kusamura, W)
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Filing 20
FINDINGS and RECOMMENDATION that the #13 Motion to Withdraw be Granted re #1 Notice of Removal; ORDER DENYING #18 Plaintiff Donald Lockhart's Motion for Ex Parte Emergency Relief, signed by Magistrate Judge Sheila K. Oberto on 4/20/2021. Referred to Judge Drozd; Objections to F&R due within fourteen (14) days. (Rivera, O)
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Filing 19
STATEMENT of NON-OPPOSITION by Travelers Commercial Insurance Company to #13 Motion to Withdraw as Attorney. (McElvain, Randy)
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Filing 18
MOTION For Emergency Hearing and REQUEST to Amend Plaintiff's Request for ADR by Donald Lockhart. (Maldonado, C)
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Filing 17
NOTICE of Service of Minute Order Dated March 31, 2021 and Proof of Service Thereof by All Plaintiffs. (Moss, Robert)
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Filing 16
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 3/31/2021: (Text Only Entry) The Court is in receipt of Plaintiffs' attorney's motion to withdraw as counsel filed on March 30, 2021. (Doc. #13 .) Plaintiffs and Defendant shall file their responses in opposition or statements of non-opposition, if any, by no later than April 14, 2021. Plaintiffs' counsel may file an optional reply brief by no later than April 21, 2021. The Court will set a hearing if deemed appropriate once the briefing is completed. Plaintiffs' counsel is ORDERED to file on the Court's docket proof of service of this minute order upon Plaintiffs at their current or last known address(es) by no later than April 2, 2021. (Kusamura, W)
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Filing 15
ORDER REFERRING Motion to Magistrate Judge signed by District Judge Dale A. Drozd on 3/30/2021. (Lundstrom, T)
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Filing 14
ORDER EXTENDING DEFENDANT TRAVELERS COMMERCIAL INSURANCE COMPANY'S TIME TO RESPOND TO COMPLAINT. Order signed by Magistrate Judge Sheila K. Oberto on 3/30/2021. (Kusamura, W)
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Filing 13
MOTION to WITHDRAW as ATTORNEY for Plaintiffs by Donald Lockhart. Motion Hearing set for 5/4/2021 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Moss, Robert)
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Filing 12
STIPULATION and PROPOSED ORDER for Extending Time to Respond to Complaint by Travelers Commercial Insurance Company. (Attachments: #1 Proposed Order Extending Defendant Time to Respond to Complaint)(McElvain, Randy)
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Filing 11
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 3/22/2021: (Text Only Entry)The Court is in receipt of the two "Consent Order Granting Substitution of Attorney" filed by Robert Moss, Esq., in which Mr. Moss purports to withdraw as attorney for Plaintiffs Donald Lockhart and Patricia Lockhart, leaving them pro se (the "Consent Orders"). (See Docs. #9 & #10 .) As previously advised (see Docs. 6 , 8 ), withdrawal is governed by E.D. Cal. Local Rule 182(d), which provides that:An attorney who has appeared may not withdraw leaving the client in propria persona without leave of court upon noticed motion and notice to the client and all other parties who have appeared. The attorney shall provide an affidavit stating the current or last known address or addresses of the client and the efforts made to notify the client of the motion to withdraw. Withdrawal as attorney is governed by the Rules of Professional Conduct of the State Bar of California, and the attorney shall conform to the requirements of those Rules. The authority and duty of the attorney of record shall continue until relieved by order of the Court issued hereunder. Leave to withdraw may be granted subject to such appropriate conditions as the Court deems fit.E.D. Cal. L.R. 182(d) (emphasis added). Accordingly, the Court DECLINES to approve the "Consent Orders," and, by no later than April 5, 2021, Mr. Moss SHALL file a motion to withdraw in accordance with Local Rule 182(d). (Kusamura, W)
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Filing 10
SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Patricia Lockhart. (Moss, Robert)
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Filing 9
SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Donald Lockhart. (Moss, Robert)
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Filing 8
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 3/16/2021: (Text Only Entry); The Court is in receipt of Plaintiffs Donald and Patricia Lockhart's "Consent Order Granting Substitution of Attorney." (Doc. #7 .) However, as the proposed order is neither signed by their current attorney of record nor a substitute attorney, it shall not be approved. As previously advised, should Plaintiffs wish to discharge their current attorney of record and act as their own counsel in this matter, they shall cause their current attorney of record to file a motion to withdraw pursuant to Local Rule 182(d). Until such time, all future filings in this matter must be made through Plaintiffs attorney of record, with notice to all parties who have appeared in the case. The Clerk of Court is hereby DIRECTED to serve a copy of this minute order on Plaintiffs at the following address: 3163 Norwich Avenue, Clovis, CA, 93619. (Kusamura, W)
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Filing 7
PROPOSED ORDER re Substitution of Attorney by Donald and Patricia Lockhart. (Maldonado, C)
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Filing 6
MINUTE ORDER (Text Only Entry): The Court is in receipt of Plaintiff Donald Lockhart's correspondence to the Court, which is signed by Mr. Lockhart on his own behalf, and in which he indicates that his attorney of record, Robert M. Moss, Esq., is "no longer representing us in this case" and requests that the Court "address any correspondence regarding this case directly to me." (Doc. #5 .) However, as the docket in this matter indicates that Mr. Lockhart is still currently represented by Mr. Moss, the Court DENIES Mr. Lockhart's request and STRIKES the correspondence from the docket, as it is an improper pro se communication by a represented party. Plaintiff Donald Lockhart is advised that all future correspondence to the Court must be made through counsel of record, with notice to all parties who have appeared in the case. Plaintiff is further advised that Plaintiff's counsel may file a motion to withdrawal pursuant to Local Rule 182(d) to permit Plaintiff to act as his own counsel until such substitute counsel is obtained pursuant to Local Rule 182(g).Finally, the Clerk of Court is hereby DIRECTED to serve a copy of this minute order on Plaintiff Donald Lockhart at the following address: 3163 Norwich Avenue, Clovis, CA, 93619. Minute Order signed by Magistrate Judge Sheila K. Oberto on 3/9/2021. (Kusamura, W)
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SERVICE BY MAIL: 6 Minute Order, served on Robert Mayer Moss. (Kusamura, W)
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Filing 5
NOTICE by Donald Lockhart. (Sant Agata, S)
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Filing 4
STIPULATION to Extend Time to Respond to Complaint by 28 Days (L.R. 144) by Travelers Commercial Insurance Company. (McElvain, Randy)
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Filing 3
NOTICE of NONCOMPLIANCE With Electronic Filing Requirement (Local Rule 135(g)): Attorney Robert Mayer Moss is directed to register for CM/ECF. (Jessen, A)
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Filing 2
CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 5/20/2021 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Standing Order, #2 Standing Order re Judicial Emergency, #3 Consent Form, #4 VDRP) (Jessen, A)
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SERVICE BY MAIL: 3 Notice of Noncompliance with Electronic Filing Requirement, #2 Civil New Case Documents for DAD served on Robert Mayer Moss. (Jessen, A)
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Filing 1
NOTICE of REMOVAL from Fresno County Superior Court, case number 20CECG03376 by All Plaintiffs. (Filing fee $ 402, receipt number 0972-9438782) (Attachments: #1 Civil Cover Sheet, #2 Corp Disclosure Statement, #3 Declaration of Song ISO of Removal, #4 Declaration of Thompson ISO of Removal)(McElvain, Randy)
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