Watts v. Allstate Indemnity Company et al

Plaintiff: Robert Watts
Defendant: Allstate Indemnity Company, Allstate Insurance Company and Allstate Property and Casualty Insurance Company
Case Number: 2:2008cv01877
Filed: August 12, 2008
Court: California Eastern District Court
Office: Sacramento Office
County: XX US, Outside State
Referring Judge: Gregory G. Hollows
Presiding Judge: Lawrence K. Karlton
Nature of Suit: Insurance
Cause of Action: 28:1332 Diversity-Insurance Contract
Jury Demanded By: Plaintiff

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Date Filed#Document Text
February 20, 2014 414 Opinion or Order of the Court STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 2/19/2014 ORDERING that this action is DISMISSED with prejudice. The parties shall bear their own attorneys' fees and costs. CASE CLOSED. (Zignago, K.)
January 30, 2014 412 Opinion or Order of the Court ORDER re 410 signed by Judge Lawrence K. Karlton on 1/29/14. The parties appear not to have filed the referenced Settlement Agreement with the court, and the court refuses to retain jurisdiction over a Settlement Agreement that it has had no opportunity to review. Accordingly, the court DECLINES to enter the proposed order. (Meuleman, A)
January 17, 2013 402 Opinion or Order of the Court ORDER signed by Judge Lawrence K. Karlton on 1/16/13 DENYING 352 Motion to Compel Appraisal and Stay Action; SUSTAINING 386 Objection under FRE 702 to the admissibility of the declaration of Sandy Brown; DENYING 313 Motion to Certify Class; DENYING as MOOT defendant's request for an evidentiary hearing; DENYING AS MOOT 350 351 362 363 370 371 388 Motions to Strike. 328 Request to Seal Documents stands SUBMITTED and an appropriate order will issue. (Meuleman, A)
December 3, 2012 385 Opinion or Order of the Court ORDER signed by Judge Lawrence K. Karlton on 11/30/2012 ORDERING that Plaintiff's 376 Ex Parte Application for Leave to File Overlength Response is DENIED. Defendants' 349 Objections to and Motion to Strike Portions of the Declaratio n of Sandy Browne Filed in Support of Plaintiff's Motion for Class Certification is STRICKEN in its entirety. Defendants are GRANTED LEAVE to file a new version of this document no later than 12/10/2012; this document may be no longer than th irty (30) pages in length. Oppositions to any outstanding unopposed motions must be FILED no later than 12/15/2012. Replies to any outstanding oppositions must be FILED no later than 12/31/2012. A hearing on plaintiff's motion for class certif ication (including the various motions to strike) and defendants' motion to compel appraisal and stay this action is SET for Monday, 1/14/2013 at 10:00 A.M. in Courtroom 4. The court has not yet ascertained whether an evidentiary hearing will be necessary to decide the issue of class certification. (Zignago, K.)
October 23, 2012 373 Opinion or Order of the Court ORDER signed by Judge Lawrence K. Karlton on 10/23/12; The ex parte application of plaintiff Robert Watts, in behalf of himself individually and all others similarly situated, has been reviewed and considered by the Court. Good cause appearing, IT IS ORDERED that plaintiffs application for leave to file a 33-page reply brief in support of his motion for class certification is GRANTED.(Matson, R)
September 13, 2012 327 Opinion or Order of the Court STIPULATION AND ORDER TO MODIFY THE COURT'S 6/13/12 SCHEDULING ORDER signed by Judge Lawrence K. Karlton on 9/13/12. Allstate's motion for protective order shall be filed by 9/14/12; In the event that Allstate does not move for a protecti ve order, Plaintiff's remaining papers supporting his motion for class certification shall be filed by 9/17/12; and should Allstate file a motion for protective order, then upon ruling by the Court: plaintiff will file under seal those document s permitted to be so filed by the Court, and if the Court rules that certain documents are not permitted to be sealed, then plaintiffs will file them five days after the Court's ruling, unless the Court directs them to be filed sooner, or Allst ate moves for reconsideration and/or appellate review within that five-day period, unless the Court otherwise directs; all papers filed or which may be filed in support of Plaintiff's motion for class certification are deemed timely filed in ful l compliance with the Court's scheduling order of 6/13/12, provided that Plaintiff electronically served Allstate with those documents on 8/27/12 or 8/28/12. Allstate retains the right to assert any other evidentiary objections to those papers, including but not limited to objections to the supporting expert declarations. (Becknal, R)
June 13, 2012 308 Opinion or Order of the Court ORDER signed by Judge Lawrence K. Karlton on 6/12/12 ORDERING that Plaintiff shall file their Motion for Class Certification no later than 8/27/2012. Defendants have until 9/27/12 to file their opposition and to move for an evidentiary hearing on class certification, if desired. Plaintiffs MAY file a response to the opposition and to defendants' motion for an evidentiary hearing, if any, no later than 10/22/12. (Mena-Sanchez, L)
May 22, 2012 303 Opinion or Order of the Court ORDER signed by Judge Lawrence K. Karlton on 5/22/2012 DENYING 297 Motion to Dismiss and Strike the Class Allegations; VACATING the Motion Hearing as to 297 Motion to Dismiss and Strike the Class Allegations set for 6/18/2012 at 10:00 AM; SETTING a Status Conference for 6/11/2012 at 03:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; ORDERING the parties to file an updated Status Report 14 days prior to the Status Conference. (Michel, G)
March 30, 2012 290 Opinion or Order of the Court ORDER signed by Judge Lawrence K. Karlton on 3/30/2011 ORDERING Plaintiff's Motions 260 and 266 are GRANTED in part and DENIED in part. Plaintiff's Motion for Relief from Judgment on the basis of newly discovered evidence is DENIED. Pla intiff's Motion for Relief from Judgment on the basis of excusable neglect is GRANTED. Plaintiff is GRANTED relief from the court's May 12, 2011 order 255 except on the issue as to whether Allstate breached its obligations by failing to p ay to have the seatbelts replaced even if they were undamaged. The courts conclusion, in the May Order, that the "insurance policy did not require Allstate to replace plaintiff's undamaged seatbelts following the collision" remains unaltered. (Krueger, M)
September 16, 2011 289 Opinion or Order of the Court ORDER re 288 Stipulation and Proposed signed by Judge Lawrence K. Karlton on 9/15/11: Plaintiff's deadline to file objections and motion to tax costs is EXTENDED up to and including 30 days after the Court's Order on plaintiff's Rule 59(a) and Rule 60 Motions. (Kastilahn, A)
July 18, 2011 275 Opinion or Order of the Court STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 7/18/11 ORDERING that Plaintiff's deadline to file Objections and Motion to Tax Cost is EXTENDED to 9/15/2011. (Mena-Sanchez, L)
June 20, 2011 273 Opinion or Order of the Court STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 06/17/11 ORDERING that briefing deadlines are continued: Allstate's opposition; 07/18/11, Pltf reply; 08/01/11. Motion Hearing for 260 and 266 motions for new trial and relief from fianl judgment reset for 8/15/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Michel, G)
June 2, 2011 259 Opinion or Order of the Court STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 06/02/11 ORDERING that plf has until 07/15/11 to object to dfts' Bill of Costs and file a motion to tax costs. (Benson, A.)
May 12, 2011 255 Opinion or Order of the Court ORDER signed by Senior Judge Lawrence K. Karlton on 5/11/11 GRANTING 201 Motion for Summary Judgment in its entirety. CASE CLOSED. (Donati, J)
April 8, 2011 200 Opinion or Order of the Court ORDER signed by Magistrate Judge Kendall J. Newman on 04/07/11 ORDERING that dfts' 191 Motion to Compel plf to produce his proposed expert witnesses for deposition is GRANTED; monetary sanctions will NOT be awarded in connection with dfts' 191 Motion. (Benson, A.)
March 17, 2011 188 Opinion or Order of the Court ORDER signed by Magistrate Judge Kendall J. Newman on 3/16/2011 ORDERING 186 that the Show Cause Order is hereby DISCHARGED as to defendants; dfts 184 AMENDED MOTION to COMPEL Supplemental Rule 26(a) Disclosures is HEREBY Set for 4/7/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Reader, L)
February 25, 2011 186 Opinion or Order of the Court ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 2/24/11 ORDERING the 3/3/11 hearing on dfts' Motion to Compel 184 is dropped from the calendar without prejudice; dfts must SHOW CAUSE in writing on or before 3/10/11 why dfts' Motion does not require modification to the class discovery deadline established in the Scheduling Order. (Carlos, K)
December 2, 2010 180 Opinion or Order of the Court STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 12/1/10 ORDERING parties' discovery cut off date pertaining to the discovery referenced in paragraph one of the Court's 7/28/10 Order is EXTENDED to 1/29/11. (Carlos, K)
October 20, 2010 178 Opinion or Order of the Court ORDER signed by Magistrate Judge Kendall J. Newman on 10/19/10, ORDERING that pltf's motion to compel further responses to his Special Interrogatories, Set One, 160 is GRANTED; and dfts' amended responses to pltf's Special Interrogat ories, Set One, are DUE on or before 11/12/10. Dfts' amended responses to the Requests for Production, Sets One and Two are DUE on or before 11/12/10. Dfts have agreed to produce documents responsive to requests involving documents relating to t hird-party Audatex, and such documents are DUE on or before 10/28/10. Except as otherwise ordered herein, pltf's motions to compel further responses to his Requests for Production, Sets One and Two 145 and [149 are DENIED without prejudice.(Kastilahn, A)
August 2, 2010 144 Opinion or Order of the Court ORDER signed by Magistrate Judge Kendall J. Newman on 07/29/10 GRANTING dfts' 133 Motion to Compel; pltf shall produce to Allstate all seatbelts, seatbelt components and seatbelt parts that were in pltf's 2005 Honda Civic on 3/29/06 for inspection on or before 08/30/10; no destructive testing of any kind shall be performed on the seatbelts, seatbelt components and seatbelt parts unless otherwise agreed by the parties. (Manzer, C)
July 29, 2010 143 Opinion or Order of the Court ORDER signed by Senior Judge Lawrence K. Karlton on 7/28/2010 ORDERING the scheduling order is amended as follows: All non-expert, class discovery shall be conducted so as to be completed no later that December 15, 2010. All motions to compel non-exp ert, class discovery shall be filed such that they will be heard no later than November 15, 2010. Plaintiff's class expert disclosures are due February 15, 2011. Defendants class expert disclosures are due March 30, 2011. Plaintiff shall file hi s motion for class certification by April 30, 2011. The motion shall be heard on the court's regular Law and Motion calendar. All non-class discovery shall be conducted so as to be completed no later than December 15, 2011. All motions to compel non-class discovery shall be filed such that they will be heard no later than November 15, 2011. All Law and Motion matters shall be filed so as to be heard no later than February 15, 2012. The final pretrial conference is set for May 14, 2012 at 1:30 p.m. The trial is estimated for twenty days, and is set for August 14, 2012. (Matson, R)
June 14, 2010 132 Opinion or Order of the Court ORDER signed by Senior Judge Lawrence K. Karlton on 06/11/10 ORDERING that a Status Conference is SET for 07/26/10 at 02:00 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Status reports due 14 days prior. (Benson, A.)
September 16, 2009 130 Opinion or Order of the Court ORDER signed by Senior Judge Lawrence K. Karlton on 9/16/2009. Parties SHALL proceed with Discovery related to class certification, and SHALL re-notice Motions to Compel that have been filed with the Magistrate Judge and denied without prejudice to r e-filing pending Court's resolution of Motion to Modify the Scheduling Order: 83 , 99 , and 114 . Each party SHALL notify Court once those Motions have been resolved. At that time, the Court will set a Further Scheduling Conference. Parties are advised to formulate, either separately or by Joint Stipulation, specific proposals for a new Scheduling Order prior to said conference. (Marciel, M)
September 9, 2009 125 Opinion or Order of the Court ORDER signed by Magistrate Judge Gregory G. Hollows on 09/09/09 DENYING 94 Plaintiff's ex parte application; and VACATING without prejudice 99 Motion to Compel; and DENYING 107 Plaintiff's ex parte application; and VACATING without prejudice 114 Motion to Compel. (Streeter, J)
September 8, 2009 96 Opinion or Order of the Court ORDER signed by Magistrate Judge Gregory G. Hollows on 9/8/2009 ORDERING Dfts' ex parte application to shorten time, filed 9/4/2009, is denied; and Dfts' motion to compel discovery responses, filed 9/4/2009, is vacated without prejudice.(Matson, R)
July 1, 2009 79 Opinion or Order of the Court ORDER signed by Senior Judge Lawrence K. Karlton on 6/30/09 ORDERING that Dfts' 68 Motion to Dismiss is GRANTED. Pltf's sixth claim for relief is hereby DISMISSED WITHOUT PREJUDICE. Pltf is GRANTED 20 days to file an amended complaint. (Engbretson, K.)
January 28, 2009 63 Opinion or Order of the Court ORDER signed by Senior Judge Lawrence K. Karlton on 01/28/09 re 53 MOTION to DISMISS; Motion Hearing reset for 3/9/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Manzer, C)

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Plaintiff: Robert Watts
Represented By: Wendy Carol York
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Defendant: Allstate Indemnity Company
Represented By: Sonia Renee Martin
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Defendant: Allstate Insurance Company
Represented By: Sonia Renee Martin
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Defendant: Allstate Property and Casualty Insurance Company
Represented By: Sonia Renee Martin
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