Wallis et al v. Centennial Insurance Company Inc et al
| James Luard Wallis, Dale M Wallis and Hygieia Biological Laboratories |
| Centennial Insurance Company Inc and Atlantic Mutual Insurance, Co., Inc. |
| 2:2008cv02558 |
| October 27, 2008 |
| U.S. District Court for the Eastern District of California |
| Insurance Office |
| Sacramento |
| Gregory G. Hollows |
| William B. Shubb |
| Plaintiff |
| Diversity |
| 28:1332 Diversity-Insurance Contract |
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The following documents for this case are available for you to view or download:
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Filing
343
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 05/13/16 ORDERING that the Supersedeas Bond posted by Counterdefendants is hereby fully and unconditionally DISCHARGED RELEASED AND EXONERATED and that the Surety is hereby released from any and all past, present, and future liability in connection with the issuance of the Supersedeas Bond. Clerk is directed to return the canceled Supersedeas Bond to counsel for Counterdefendants (cc: Financial). (Benson, A)
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Filing
338
ORDER signed by Senior Judge William B. Shubb on 02/17/16 ORDERING that plaintiff's 327 Motion to Stay the Enforcement of the Judgment is GRANTED; the 277 Amended Judgment is STAYED pending appeal. (Benson, A)
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Filing
335
STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 01/15/16 ORDERING that the 326 Motion to Vacate orders of examination & quash service of orders is VACATED; the order of examination of the plaintiffs and judgment debtors shall b e vacated and any lien created by reason of the order is terminated. This order is made without prejudice, in the event the motion of plaintiffs and judgment debtors to post a supersedeas bond is denied, to new orders of examination, and related motions, consistent with this Stipulation and the parties prior Stipulation. (Benson, A)
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Filing
330
AMENDED 322 ORDER signed by Magistrate Judge Allison Claire on 12/21/2015. Judgment Debtor Dale M. Wallis shall appear on 1/20/2016 at 10:00 AM in Courtroom 26 (AC) for hearing of examination of documents. (Marciel, M)
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Filing
324
AMENDED ORDER signed by Magistrate Judge Allison Claire on 11/20/15 as to Hygieia Biological Laboratories, Inc.'s "person most knowledgeable": Judgment Debtor Exam set for 12/9/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Kaminski, H)
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Filing
320
ORDER FOR EXAMINATION OF PERSON MOST KNOWLEDGEABLE OF JUDGMENT DEBTOR HYGIEIA BIOLOGICAL LABORATORIES, INC signed by Magistrate Judge Allison Claire on 11/17/15 ORDERING judgment debtor Hygieia Biological Laboratories, Inc.'s PMK "person most knowledgeable" concerning its property and debts. Code of Civil Procedure §708.150(a) is ordered to appear for an examination on 12/9/15 at 10:00 a.m., at the United States District Court for the Eastern District Court of California, Robert T. Matsui United States Courthouse, 501 I Street, Courtroom 26, 8th Floor, Sacramento, CA 95814, before a certified shorthand reporter. NOTICE TO JUDGMENT DEBTOR. If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court and the court may make an order requiring you to pay the reasonable attorney's fees incurred by the judgment creditor in this proceeding. Service of this order creates a lien on the personal property of the judgment debtor identified herein for a period of one year from the date of this order, unless extended or sooner terminated by the Court. (Becknal, R)
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Filing
314
ORDER signed by Senior Judge William B. Shubb on 12/2/2014 DENYING 309 Motion for Equitable Offset and Stay of Enforcement of Judgment. (Michel, G)
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Filing
277
AMENDED JUDGMENT dated *2/20/2014* to award defendants $86,996.93 against Dr. Wallis, Mr. Wallis, and Hygieia, jointly and severally, pursuant to order, signed by Senior Judge William B. Shubb on 2/20/2014. (Reader, L)
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Filing
268
MEMORANDUM OF ORDER signed by Senior Judge William B. Shubb on 11/8/2013 JUDGMENT SHALL BE ENTERED in favor of defendants on all of plaintiffs' claims; in favor of plaintiffs on defendants' counterclaim for declaratory relief; in favor of defendants and against Dr. Wallis, Mr. Wallis, and Hygieia, jointly and severally, in the amount of $115,995.90 on defendants' counterclaim for indemnity; and in favor of third party defendant Mendoza on defendants' third party complaint. The Clerk of the Court is instructed to enter judgment accordingly. CASE CLOSED (Reader, L)
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Filing
241
ORDER re 234 , 235 , 238 Objections to the Court's 233 Final Pretrial Order, signed by Senior Judge William B. Shubb on 8/16/2013. (Kirksey Smith, K)
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Filing
228
ORDER granting in part and denying in part 219 defendants' Motion to Dismiss, signed by Senior Judge William B. Shubb on 7/19/13. (Kastilahn, A)
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Filing
225
ORDER signed by Senior Judge William B. Shubb on 5/20/2013 re 224 Plaintiffs' Ex Parte Application: The court accepts defendants motion to dismiss plaintiffs First Amended Complaint for filing (Docket 219). Plaintiffs shall file any opp osition to defendants' motion no later than 6/10/2013. Defendants may then file a reply no later than 6/17/2013. Pursuant to Eastern District Local Rule 230(g), the court concludes that oral argument is unnecessary on the motion and the matter will be taken under submission. (Kirksey Smith, K)
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Filing
222
ORDER signed by Senior Judge William B. Shubb on 4/29/2013 ORDERING 220 for the Completion of Discovery to 6/13/2013, for the sole purpose of allowing defendants to depose Mr. Baiocchi and Ms. Mendoza and resolving any related discovery disputes th at may arise from those depositions. Discovery otherwise remains closed. Defendants have provided insufficient reason for the court to extend the trial and dispositive motion cutoff dates. Thus, in all other respects, defendants' ex parte application will be DENIED. (Reader, L)
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Filing
216
ORDER signed by Senior Judge William B. Shubb on 3/29/2013: Plaintiffs' First Amend Complaint is hereby ordered STRICKEN, and plaintiffs are given seven days from the date of this Order to file an amended complaint consistent with this Order and the court's February 28, 2013 Order. Defendants' ex parte application to extend the trial date, dispositive motion cutoff, discovery completion, and discovery motion dates 215 is therefore DENIED as moot. (Kirksey Smith, K)
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Filing
213
ORDER signed by Senior Judge William B. Shubb on 3/1/13 DENYING 210 Motion for Reconsideration. (Meuleman, A)
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Filing
212
ORDER signed by Senior Judge William B. Shubb on 2/27/2013 GRANTING 185 Motion for Judgment on the Pleadings; ALLOWING Plaintiffs to file an Amended Complaint consistent with this Order within 20 days; DENYING Plaintiffs' Request for Sanctions. (Michel, G)
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Filing
209
ORDER signed by Magistrate Judge Allison Claire on 2/21/2013 ORDERING that Defendants' Motion to Compel 202 and Motion for Protective Order 203 are VACATED from the calendar for April 3, 2013 and DENIED Without Prejudice to their renewal should the discovery deadline be continued. (Krueger, M)
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Filing
204
ORDER signed by Magistrate Judge Allison Claire on 2/11/2013 ORDERING that plaintiffs' motion to deem its Requests for Admissions, Set One, admitted is GRANTED IN PART. Defendants shall file supplemental responses consistent with this order within fourteen days of the date of this order. Plaintiffs' request for sanctions is DENIED. (Zignago, K.)
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Filing
198
ORDER signed by Magistrate Judge Allison Claire on 1/31/13 GRANTING IN PART 186 Motion to Quash and 187 Motion for Protective Order. The deposition subpoena issued as to Gary Selvin is QUASHED. The Selvin firm and the Longyear firm are directed to file documents responsive to the subpoenas duces tecum within 14 days from the date of this order. Any assertions of privilege shall be accompanied by a privilege log. (Meuleman, A)
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Filing
189
ORDER signed by Senior Judge William B. Shubb on 1/2/13 ORDERING that The Final Pretrial Conference is CONTINUED from 1/7/13 to 8/5/2013 at 02:00 PM. The Trial is SET for 9/4/13, at 9:00 a.m. in Courtroom No. 5. The parties are referred to the court's prior Status (Pretrial Scheduling) Order 53 , which details the requirements for the pretrial conference. Any discovery disputes or requests shall be brought before the Magistrate Judge. (Mena-Sanchez, L)
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Filing
182
ORDER signed by Magistrate Judge Allison Claire on 12/10/2012 GRANTING, in part, 179 Ex Parte Application to extend discovery; EXTENDING the deadline for discovery to 3/15/2013; LIMITING the scope of discovery to all outstanding discovery and discovery initiated before the 11/27/2012 deadline; ORDERING that a Joint Status Report be filed 2 weeks prior to the Scheduling Conference set for 1/7/2013. (Michel, G)
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Filing
177
ORDER signed by Magistrate Judge Gregory G. Hollows on 11/14/12 ORDERING 150 Motion for Sanctions and 176 Notice to Reschedule Hearing VACATED from the calendar for 12/6/12 without prejudice to its renewal should the district court extend the discovery deadline. (Meuleman, A)
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Filing
175
ORDER signed by Magistrate Judge Gregory G. Hollows on 11/13/2012 VACATING 150 Motion to deem admitted the Requests for Admission, Motion for Sanctions; VACATING the Motion Hearing as to 150 Motion to deem admitted the Requests for Admission, Motion for Sanctions. (Michel, G)
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Filing
170
ORDER signed by Magistrate Judge Gregory G. Hollows on 11/6/12 GRANTING IN PART AND DENYING IN PART 149 Motion to Compel filed by Atlantic Mutual Insurance, Co., Inc., Centennial Insurance Company Incl and DENYING defendants' request for sanctions. Plaintiffs shall respond to all discovery at issue within 21 days of the 11/1/12 hearing. (Meuleman, A)
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Filing
167
ORDER signed by Judge William B. Shubb on 10/29/12 ORDERING Defendants Centennial Insurance Co. and Atlantic MutualInsurance Co.'s request for a sixty-day extension of the discovery and dispositive motion deadlines is granted. Discovery due by 11/27/2012; Motions filed by 1/25/2013; The pre-trial conference and trial dates set in this matter are hereby vacated, and a scheduling conference is set for January 7, 2013, at 2:00 p.m. to set new dates for the pre-trial conference and trial. Two weeks before the scheduling conference, the parties shall submit a joint status report suggesting dates for the pretrial conference and trial. (Matson, R)
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Filing
164
ORDER signed by Judge William B. Shubb on 10/26/2012 DENYING 159 Plaintiff's Ex Parte Application to Have Pending Motions Moved to Calendar of District Court Judge.(Kirksey Smith, K)
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Filing
157
ORDER signed by Magistrate Judge Gregory G. Hollows on 10/10/12 ORDERING that Defendants' MOTION to COMPEL Discovery responses, filed 10/9/12 149 , will remain on this Court's 11/1/12 calendar pending further order; and Defendants' Request to extend discovery and Motion filing deadlines, filed 10/9/12 149 , is DENIED without prejudice to its renewal before District Court. (Mena-Sanchez, L)
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Filing
148
STIPULATION and ORDER 147 signed by Judge William B. Shubb on 9/28/12; Because of the unavailability of Joel Baiocchi and Dr. Wallis to have their depositions taken on September 28, 2012, the parties have reached a stipulation to move the depositions previously scheduled for that date to November 5, 2012. If a second day is necessary it has been agreed that the second day will be held in Sacramento, preferably at a conference room in the attorney lounge at the federal courthouse if one is available.(Matson, R)
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Filing
141
ORDER re 139 Defendants' Motion for Certification of Order for Appeal and Further Scheduling Order signed by Judge William B. Shubb on 5/1/2012: The Court orders that 139 Defendants' motion for certification of the Court's 1/30/201 2 Order for appeal pursuant to 28 U.S.C. § 1292(b) be, and the same hereby is, DENIED. It is further ordered that the stay imposed by the 74 Court's 12/10/2009 Order is hereby lifted as to all claims not subject to the 41 Court's 4/16/2009 Order compelling arbitration. The 53 Court's 7/2/2009 Scheduling Order is amended as follows: All discovery shall be completed by 9/28/2012. All pretrial motions shall be filed by 11/26/2012. The Final Pretrial Conference is RESET for 1/22/2013 at 02:00 PM in Courtroom No. 5. The Jury Trial is RESET for 2/20/2013 at 09:00 AM in Courtroom No. 5. (Kirksey Smith, K)
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Filing
136
MEMORANDUM and ORDER signed by Judge William B. Shubb on 1/30/2012 ORDERING that defendants' 130 motion to stay the proceedings be, and the same hereby is, DENIED. (Zignago, K.)
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Filing
124
STIPULATION and ORDER signed by Judge William B. Shubb on 12/6/2010 re 123 ORDERING that this action is STAYED until March 15, 2011.(Duong, D)
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Filing
121
ORDER signed by Judge William B. Shubb on 6/24/2010 DENYING plaintiffs' 97 Motion for Reconsideration of Orders compelling Arbitration and re: Enforcing Settlement Agreement. (Marciel, M)
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Filing
112
STIPULATION and ORDER signed by Judge William B. Shubb on 05/25/10 ORDERING 104 Opposition to Motion Sealed. (Williams, D)
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Filing
87
ORDER denying 75 Motion to enforce the settlement agreement signed by Judge William B. Shubb on 1/19/10. (Kaminski, H)
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Filing
74
MEMORANDUM and ORDER signed by Judge William B. Shubb on 12/9/09 re 61 Motion to Stay and Demand for Bond. Motion to Stay is GRANTED; Motion for attachment and/or bond is DENIED. CASE STAYED. (Owen, K)
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Filing
56
ORDER RE: SANCTIONS signed by Judge William B. Shubb on 7/16/2009 ORDERING that w/in seven days of the date of this Order, counsel for dfts shall send pymt in the amount of $300.00 to the Clerk or request that the matter be scheduled for a formal hearing.(Matson, R)
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Filing
54
ORDER to SHOW CAUSE signed by Judge William B. Shubb on 7/2/09: Within ten days from the date of this Order, all corporate parties in this case shall either send to the Clerk of the Court, as sanctions, their checks in the amount of $150.00 each, or shall show cause in writing why sanctions in such amount should not be imposed for failure to comply with this court's October 28, 2008 Order. (Kaminski, H)
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Filing
41
ORDER signed by Judge William B. Shubb on 4/15/2009 GRANTING 22 Motion to Compel by Centennial Insurance Company Inc, Atlantic Mutual Insurance, Co. Inc., with respect to the amount of attorney's fees owed to Cumiscounsel; and DENIED in all other respects. (Reader, L)
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Filing
17
MEMORANDUM and ORDER signed by Judge William B. Shubb on 2/3/09: Defendants' motion for judgment on the pleadings on plaintiffs' claim for breach of fiduciary duty be, and the same hereby is, GRANTED. Defendants' motion to strike plaintiffs' request for injunctive relief be, and the same hereby is, DENIED 10 . (Kaminski, H)
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