Arch Insurance Company v. Sierra Equipment Rental, Inc. et al
Plaintiff: Arch Insurance Company
Defendant: Sierra Equipment Rental, Inc., Melvin R. Weir, Carolyn S. Scarola and Carolyn S. Scarola, as trustee of the Dry Creek Ranches Trust
Case Number: 2:2012cv00617
Filed: March 9, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Glenn
Presiding Judge: Kimberly J. Mueller
Presiding Judge: Kendall J. Newman
Nature of Suit: Other Contract
Cause of Action: 28:1332
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
December 1, 2016 Opinion or Order Filing 187 ORDER signed by District Judge Kimberly J. Mueller on 12/1/16 ORDERING that the court DISCHARGES the order to show cause 184 . This action is DISMISSED against Mr. Weir, without prejudice. The court DIRECTS the clerk's office to enter judgment. CASE CLOSED (Kastilahn, A)
November 3, 2016 Opinion or Order Filing 184 ORDER signed by District Judge Kimberly J. Mueller on 11/3/2016 ORDERING Plaintiff to SHOW CAUSE, within seven days, why it should not be sanctioned $250 for failing to comply with this court's order or in the alternative why the case should not now be dismissed. (Zignago, K.)
August 24, 2016 Opinion or Order Filing 182 ORDER signed by District Judge Kimberly J. Mueller on 8/23/2016 GRANTING 180 Stipulation for Entry of Judgment; ENTERING JUDGMENT against Defendant Carolyn S. Scarola, Trustee of the Dry Creek Ranches Trust, and in favor of Plaintiff Arch Insurance Company in the amount of $3,915,940.00; ORDERING that this judgment accrue post-judgment interest at the rate provided for by law upon entry of this Judgment by this Court; ORDERING that this judgment be joint and several with any other judgments entered against other defendants in this matter. (Michel, G.)
July 25, 2016 Opinion or Order Filing 177 ORDER signed by District Judge Kimberly J. Mueller on 7/25/2016 ORDERING that Arch's 153 Motion for Summary Judgment is GRANTED. Arch is awarded $3,915,940.53 in damages. The order to show cause issued on 5/12/2016 is DISCHARGED as to Arch and Sierra. (Zignago, K.)
June 30, 2016 Opinion or Order Filing 175 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 2/29/16 ORDERING that the deadline for submission of joint pre-trial statements shall be 8/12/2016. The Final Pretrial Conference is SET for 8/26/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. The Trial Date of 8/29/2016 and the deadline for trial briefs are hereby vacated. A new trial date and associated deadlines shall be set at the Final Pre-Trial Conference. (Kastilahn, A)
May 12, 2016 Opinion or Order Filing 170 ORDER signed by District Judge Kimberly J. Mueller on 5/10/2016 ORDERING that counsel for Arch and Sierra are ORDERED TO SHOW CAUSE on or before close of business on 5/13/2016, why each should not be sanctioned in the amount of $250.00 for failing to appear. The Clerk of Court is ordered to serve a copy of this order on the last known addresses for Sierra shown in prior counsel's filing of 4/20/2016. (Zignago, K.)
March 3, 2016 Opinion or Order Filing 163 ORDER signed by District Judge Kimberly J. Mueller on 3/2/16 ORDERING the court DENIES Mr. Rooney's motion to withdraw as counsel without prejudice to refiling and curing the defects reviewed above. Any such amended motion to withdraw shall be filed within fourteen (14) days of the date this order is filed. Given the amount of time that has passed since Sierra filed its bankruptcy action in January 2013 and since Mr. Rooney first raised the issue of Sierra's representation in October 2014, the court reserves the right to impose sanctions if the issue is not resolved shortly. The motion hearing on plaintiff's motion for partial summary judgment against Sierra is hereby VACATED and RESET for May 6, 2016, pending resolution of the issue of Sierra's representation. (Becknal, R)
January 28, 2016 Opinion or Order Filing 159 ORDER signed by District Judge Kimberly J. Mueller on 1/27/2016 ORDERING that the 146 Order to Show Cause as to Mr. Rooney is DISCHARGED. Mr. Rooney is ORDERED to file a formal motion to withdraw as counsel in compliance with the Local Rules and Rules of Professional Responsibility no later than 2/11/2016, set for hearing no later than 3/11/2016. The motion hearing on plaintiff's 153 Motion for Partial Summary Judgment set for 2/12/2016 is hereby VACATED and RESET for 4/8/2016 at 10:00 a.m. (Zignago, K.)
October 28, 2015 Opinion or Order Filing 150 ORDER signed by Judge Kimberly J. Mueller on 10/27/2015 SANCTIONING Carolyn S. Scarola $250.00, payable to the Clerk of the Court within fourteen days; WARNING Ms. Scarola that she could face further penalties should she not respond to future court orders and not appear at hearings or conferences. (cc: Financial Sacramento) (Michel, G.)
July 22, 2015 Opinion or Order Filing 146 ORDER signed by Judge Kimberly J. Mueller on 7/22/15 ORDERING that Mr. Rooney is to SHOW CAUSE within 14 days of this order, why he should not be sanctioned in the amount of $250.00 for failing to appear. (Kastilahn, A)
April 21, 2015 Opinion or Order Filing 138 ORDER signed by Judge Kimberly J. Mueller on 04/20/15 ORDERING that defendant's 113 Motion to Dismiss is GRANTED with leave to amend as to plaintiff's claim for civil conspiracy to convert and DENIED as to plaintiff's claim for violation of the UFTA and conspiracy to violate the UFTA. (Benson, A)
November 5, 2014 Opinion or Order Filing 110 AMENDED ORDER re 109 Order signed by Judge Kimberly J. Mueller on 11/5/2014 ORDERING the plaintiff to file a notice of voluntary dismissal of Carolyn S. Scarola in an individual capacity within 30 days; ORDERING Attorney Chris Kuhner to file a requ est to withdraw as counsel for Carolyn S. Scarola as trustee of the Dry Creek Ranches Trust within 30 days; ORDERING the parties to file a stipulation and proposed order clarifying that Attorney Kevin F. Rooney no longer represents Sierra Equipment Rental, Inc.; SETTING a further Status Conference for 4/16/2015 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Michel, G)
September 5, 2013 Opinion or Order Filing 90 ORDER to SHOW CAUSE signed by Judge Kimberly J. Mueller on 9/5/2013 ORDERING plaintiff to show cause, within 14 days of the date of this order, why this court should not vacate 80 Order in light of plaintiff's failure to comply. (Donati, J)
February 15, 2013 Opinion or Order Filing 88 ORDER signed by Magistrate Judge Kendall J. Newman on 2/15/2013 ORDERING 78 No later than Tuesday 2/19/2013, at 12:00 PM, plaintiff and defendant Trust shall file a joint statement identifying specifically what issues, within the scope of the pres ently pending motion to compel, remain for resolution, if any; Failure to timely file the joint statement will result in an order denying the motion to compel without prejudice; In the alternative, if the parties have resolved their dispute regarding issues within the scope of the presently pending motion to compel, plaintiff shall file a notice withdrawing the motion no later than Tuesday 2/19/2013, at 12:00 PM. (Reader, L)
January 7, 2013 Opinion or Order Filing 80 ORDER signed by Judge Kimberly J. Mueller on 1/7/2013 DENYING, without prejudice, 75 Request for the issuance of additional writs; GRANTING 76 Ex Parte Motion for the issuance of a turnover order; ORDERING Arch to provide a form order to the court within 7 days. (Michel, G)
December 5, 2012 Opinion or Order Filing 74 ORDER signed by Judge Kimberly J. Mueller on 12/4/12 ORDERING that the Court's original Pretrial Scheduling Order 50 are MODIFIED as follows: Last day to complete Discovery is CONTINUED to 7/5/2013. Last day to disclose Expert Witnesses is 5/1 6/2013. Last day to supplement discloure of Expert Witnesses is 6/7/2013. Last day to complete Expert Discovery is 7/5/13. Last day to hear dispositive Motions is 12/6/2013. Due date for joint Voluntary Dispute Resolution Program Statement is 3/14/13 . Due date for Joint Pretrial Conference Statement is 3/27/13. The Pretrial Conference hearing date is CONTINUED to 4/17/2014 at 03:30 PM. First day of Jury Trial is 6/16/2014 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Mena-Sanchez, L)
November 13, 2012 Opinion or Order Filing 71 ORDER signed by Judge Kimberly J. Mueller on 11/13/12 GRANTING 52 MOTION for Leave to File a First Amended Complaint and Alter Dates in Pretrial Scheduling Order. Arch's Motion for Temporary Restraining Order is DENIED without prejudice; Arc h's 58 Motion for Preliminary Injunction is GRANTED. Pending trial of this matter, defendants Sierra Equipment Rental, Inc. Melvin R. Weir, and Carolyn S. Scarola, as Trustee of the Dry Creek Ranches Trust, are barred from withdrawing, tran sferring, assigning, conveying, pledging, hypothecating, dissipating, mortgaging, or disposing of in any manner the funds in their possession and any funds, assets, realty or personalty, tangible or intangible, choses in action or other property. This order shall have no effect on property of natural person Weir that is otherwise exempt from enforcement of a money judgment pursuant to California Code of Civil Procedure section 703.010 et seq. This order shall take effect immediately. (Meuleman, A)
May 18, 2012 Opinion or Order Filing 36 ORDER signed by Judge Kimberly J. Mueller on 5/17/12 ORDERING that Arch has a right to attach property of Defendants in the amount of $1,661,980. Arch has filed an undertaking in the amount of $10,000. The Clerk shall issue writs of attachment in the amount of $1,661,980 for the property of Defendants subject to attachment under California Code of Civil Procedure section 487.010, as described in this order. (Kastilahn, A)
April 3, 2012 Opinion or Order Filing 10 ORDER signed by Judge Kimberly J. Mueller on 4/3/2012 GRANTING 7 Ex Parte Application for TRO and Order shortening time on application for a right to attach order and writs of attachment against defendants Sierra Equipment Rental, Inc., Weir, and S carola filed by Arch Insurance Company; Court will hear Arch's Application for Right to Attach Order and Writs of Attachment on 4/12/2012 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller; opposition thereto shall be filed by 4/1 0/2012 by 4:30 p.m.; affected parties have the right to apply to the Court for modification or dissolution on 2 days notice or as the Court may allow; 40 days after the issuance of this Order, or until Arch levies attachment on the specific property, defendants shall not transfer, directly or indirectly, any interest in the property as provided in this Order. (Waggoner, D)
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Plaintiff: Arch Insurance Company
Represented By: Bennett Jinchul Lee
Represented By: Andrew J. Ramos
Represented By: Andrew Joel Van Ornum
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Defendant: Sierra Equipment Rental, Inc.
Represented By: Kevin F. Rooney
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Defendant: Melvin R. Weir
Represented By: Kevin F. Rooney
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Defendant: Carolyn S. Scarola
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Defendant: Carolyn S. Scarola, as trustee of the Dry Creek Ranches Trust
Represented By: Randall B. Schmidt
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