Nepinsky v. Prudential Insurance Company of America et al
| Valerie Nepinsky |
| Prudential Insurance Company of America, Pruco Life Insurance Company and Pruco Life Insurance Company of New Jersey |
| 1:2023cv01571 |
| November 6, 2023 |
| US District Court for the Eastern District of California |
| Barbara A McAuliffe |
| Jennifer L Thurston |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on December 29, 2023. A more recent docket listing may be available from PACER.
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| Filing 16 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Sample, Rene') |
Filing 15
MINUTE ORDER (TEXT Only): The parties shall submit their Consent/Decline of U.S. Magistrate Judge Jurisdiction forms at least one full week prior to the Scheduling Conference if they have not already done so. The forms should not be transmitted to the assigned magistrate judge. There is no obligation to consent, and the parties may consent or withhold consent without any adverse consequences. Further, the judges will be informed of a party's designation only if all parties have consented. If any party requests reassignment to a District Judge, then the Clerk of the Court will randomly assign a District Judge as presiding judge. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 12/19/2023. (Valdez, E)
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Filing 14
MINUTE ORDER (TEXT Only): On November 7, 2023, Defendants removed the action this Court on the basis of diversity jurisdiction. (Doc. #1 .) Defendants also applied for relief pursuant to Local Rule 134(c)(1) to obtain an order deeming the notice of removal filed as of November 6, 2023, due to a technical failure of the CM/ECF system. (Doc. #4 .) Local Rule 134(c)(1) governs untimely filings due to a CM/ECF failure. In relevant part, the rule provides that if a technical failure is not announced on the Court's website, then the party must file the document as promptly as possible and seek appropriate relief from the Court. L.R. 134(c)(1). On December 19, 2023, the Court held a hearing on defendants' application for relief. As stated on the record, there was neither a technical failure of the CM/ECF system for November 6, 2023, announced on the Court's website nor one identified following an internal investigation by the Court. Accordingly, defendants' application for relief (Doc. 4) is DENIED. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 12/19/2023. (Valdez, E)
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| Filing 13 MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Barbara A. McAuliffe on 12/19/2023: APPLICATION for RELIEF HEARING held. Order to follow. Plaintiff's Counsel: Paul O'Rourke - present via Zoom. Defendants' Counsel: Anne Waddell and Adrienne Hankins - present via Zoom. Court Reporter/CD Number: ECRO - Corina Lopez Amador. (Valdez, E) |
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Filing 12
ORDER on Joint Stipulation for Continuance, signed by Magistrate Judge Barbara A. McAuliffe on 12/04/2023. Motion Hearing continued to 12/19/2023 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Maldonado, C)
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| Filing 11 STIPULATION and PROPOSED ORDER for Continuance re 7 Minute Order,,,, Set/Reset Deadlines and Hearings,,, by Pruco Life Insurance Company, Pruco Life Insurance Company of New Jersey, Prudential Insurance Company of America. (Azarmi, Andrew) |
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Filing 10
STANDING ORDER signed by District Judge Jennifer L. Thurston on November 30, 2023. (Munoz, I)
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| Filing 9 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Jennifer L. Thurston and Magistrate Judge Barbara A. McAuliffe. The new case number is: 1:23-cv-01571-JLT-BAM. (Maldonado, C) |
| Filing 8 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Azarmi, Andrew) |
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Filing 7
MINUTE ORDER (TEXT Only): Having conducted a preliminary review of Defendants' application for relief due to CM/ECF technical failure (Doc. #4 ), the Court finds it necessary and appropriate to hear oral argument. Accordingly, a hearing on Defendants' application for relief is set for December 6, 2023, at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Defendants should be prepared to address their assertion of an unexpected technical failure of the CM/ECF system. The parties shall appear at the hearing remotely with each party connecting either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 11/15/2023. (Valdez, E)
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| Filing 6 ANSWER with Jury Demand by Pruco Life Insurance Company, Pruco Life Insurance Company of New Jersey, Prudential Insurance Company of America.(Azarmi, Andrew) |
| Filing 5 NOTICE to Plaintiff of Removal of a Civil Action by All Defendants. (Azarmi, Andrew) |
| Filing 4 MOTION for Relief Due to CM/ECF Technical Failure (L.R. 134) re #1 Notice of Removal, by Pruco Life Insurance Company, Pruco Life Insurance Company of New Jersey, Prudential Insurance Company of America. (Attachments: #1 Declaration, #2 Proposed Order)(Azarmi, Andrew) |
| Filing 3 CERTIFICATE / PROOF of SERVICE by Pruco Life Insurance Company, Pruco Life Insurance Company of New Jersey, Prudential Insurance Company of America re #2 Civil New Case Documents for Magistrate as Presider. (Azarmi, Andrew) |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 2/5/2024 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Appendix A(m), #2 Consent Form, #3 VDRP) (Marrujo, C) |
| Filing 1 NOTICE of REMOVAL from Superior Court for the County of Tulare, case number VCU302224 by Valerie Nepinsky. (Attachments: #1 Declaration, #2 Civil Cover Sheet, #3 Corporate Disclosure Statement, #4 Proof of Service)(Filing fee $ 402, receipt number ACAEDC-11170291) (Azarmi, Andrew) |
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