Shasta Linen Supply, Inc. v. Applied Underwriters, Inc. et al
| Shasta Linen Supply, Inc. |
| Applied Underwriters, Inc, Applied Risk Services, Inc., Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc. and California Insurance Company |
| 2:2016cv00158 |
| January 26, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Allison Claire |
| William B Shubb |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 12, 2021. A more recent docket listing may be available from PACER.
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Filing 129
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 05/15/19 MODIFYING Scheduling order as follows: Designation of Expert Witnesses due by 06/10/19; Rebuttal expert disclosures due by 06/24/19; the date to serve written discovery requests to experts is 07/26/19; the time to serve written responses and documents responsive to expert discovery requests shall be within 14 days from the date of service of the requests; Close of expert discovery: 07/12/19; Dispositive motions filed by 07/12/19 with Oppositions due 08/12/19, any replies due 08/26/19 and heard on 09/09/19 at 1:30 p.m.; Final Pretrial Conference CONTINUED to 09/30/19 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; Trial REMAINS 11/13/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; the time for the parties to complete the VDRP is EXTENDED to 07/10/19 (cc: VDRP). (Benson, A.)
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| Filing 128 REVISED #127 STIPULATION and PROPOSED ORDER for Modifying Scheduling Order by Shasta Linen Supply, Inc. (Abramson, Glen) Modified on 5/15/2019 (Huang, H). |
| Filing 127 STIPULATION and PROPOSED ORDER for Modifying Scheduling Order by Shasta Linen Supply, Inc. (Abramson, Glen) |
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Filing 126
SCHEDULING ORDER signed by Senior Judge William B. Shubb on 4/25/19 ORDERING: Designation of Expert Witnesses due by 5/20/19. Rebuttal expert disclosures due by 6/10/19. Discovery requests to experts due by 6/14/19. Written responses within 14 days. Close of expert discovery is 7/8/19. Dispositive Motions filed by 7/8/19. Opposition to dispositive motions due by 8/19/19. Replies in support of dispositive motions due by 9/9/19. Motion Hearing set for 9/23/19 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Coll, A)
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| Filing 125 STIPULATION and PROPOSED ORDER for Modifying Scheduling Order by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., California Insurance Company. (Barzelay, Jeanette) |
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Filing 124
ORDER signed by Senior Judge William B. Shubb on 4/17/19 DENYING Alpha Polishing's Request for Leave to File a Renewed Motion for Class Certification; DENYING as MOOT plaintiffs' request to communicate with putative class members to develop additional evidence. CONSOLIDATING for the purposes of a bench trial Shasta Linen Supply, Inc. v. Applied Underwriters, Inc., Case No. 2:16-cv-00158-WBS-AC and Pet Food Express Ltd. v. Applied Underwriters, Inc., Case No. 2:16-cv-0211-WBS-AC; REFERRING these actions to the court's Voluntary Dispute Resolution Program ("VDRP"). Within fourteen (14) days of this Order, the parties shall contact the court's VDRP administrator, Sujean Park, at (916) 930-4278 or SPark@caed.uscourts.gov, to start the process of selecting an appropriate neutral. The parties shall complete the VDRP session no later than 6/14/19. Any objections to this referral to the VDRP shall be filed within seven (7) days. (Becknal, R)
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| Filing 123 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: STATUS CONFERENCE re Class Status held on 4/15/2019. Court confers with counsel re trial status and status of the class. All parties agree that the matter will be tried as a bench trial. The Court shall prepare and issue a separate order. Plaintiff's Counsel Peter Kahana, Craig Farmer present. Defendants' Counsel Shand Stephens, Jeanette Barzelay, Travis Wall, Spencer Kook present. Court Reporter: Kimberly Bennett. (Kirksey Smith, K) |
| Filing 122 JOINT STATUS REPORT by Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Stephens, Shand) Modified on 4/9/2019 (York, M). |
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Filing 121
STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 3/27/2019 ORDERING the following deadlines EXTENDED: The time to make expert disclosures and exchange expert reports is EXTENDED to 4/29/2019; The time to make rebuttal expert disclosures and exchange rebuttal expert reports is EXTENDED to 5/20/2019; The time to serve written discovery requests to experts is EXTENDED to 6/10/2019; The date for the close of expert discovery is EXTENDED to 7/15/2019. (Washington, S)
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| Filing 120 STIPULATION and PROPOSED ORDER for Modifying Scheduling Order by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., California Insurance Company. (Barzelay, Jeanette) |
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Filing 119
ORDER signed by Senior Judge William B. Shubb on 3/1/2019 ORDERING a Status Conference SET for 4/15/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. No later than 4/8/2019 the parties shall meet and confer and submit a Joint Status Report. (Washington, S)
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| Filing 118 EX PARTE APPLICATION by Shasta Linen Supply, Inc. for Status Conference. (Attachments: #1 Proposed Order)(Abramson, Glen) |
| Filing 117 TRANSCRIPT of Proceedings held on 1/22/19, before Senior Judge William B. Shubb, filed by Court Reporter Kimberly Bennett, Phone number 916-442-8420 E-mail reporter.bennett@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/28/2019. Redacted Transcript Deadline set for 3/11/2019. Release of Transcript Restriction set for 5/9/2019. (Bennett, K) |
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Filing 116
MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 1/28/19 DENYING #93 Motion to Certify Class and #111 Motion to Strike. Plaintiffs' and Defendants' Requests to Seal Documents and Redact Filings (Shasta Docket Nos. 95, 100, 106 & 110; Pet Food Docket Nos. 103, 107 & 111) be, and the same hereby are, DENIED AS MOOT. (Kaminski, H)
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| Filing 115 TRANSCRIPT REQUEST by Applied Underwriters, Inc. for proceedings held on 1/22/2019 before Judge William B. Shubb. Court Reporter Kimberly Bennett. (Barzelay, Jeanette) |
| Filing 114 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 1/22/2019 re #93 Plaintiff's Motion to Certify Class and #111 Defendants' Motion to Strike Plaintiff's Reply. Counsel argue. MOTIONS SUBMITTED. The Court shall issue a separate order. Plaintiff's Counsel John Moore, Glen Abramson, Craig Farmer present. Defendants' Counsel Travis Wall, Shand Stephens present. Court Reporter: Kimberly Bennett. (Kirksey Smith, K) |
| Filing 113 REPLY by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., California Insurance Company re #111 Motion to Strike. (Stephens, Shand) |
| Filing 112 OPPOSITION by Shasta Linen Supply, Inc. to #111 Motion to Strike. (Attachments: #1 Exhibit A)(Abramson, Glen) |
| Filing 111 MOTION to STRIKE #109 Reply Memorandum by Defendants. Motion Hearing set for 1/22/2019 at 01:30 PM before Senior Judge William B. Shubb. (Attachments: #1 Memorandum, #2 Proposed Order) (Stephens, Shand) Modified on 12/26/2018 (York, M). |
| Filing 110 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Shasta Linen Supply, Inc.. (Abramson, Glen) |
| Filing 109 REPLY by Shasta Linen Supply, Inc. in support of #93 Motion to Certify Class. (Attachments: #1 Declaration of Glen Abramson, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Abramson, Glen) |
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Filing 108
STIPULATION and ORDER #107 extending the time to file Plaintiffs' Reply to Defendants' Opposition to Class Certification to 12/11/2018, signed by Senior Judge William B. Shubb on 11/30/2018. (Kirksey Smith, K)
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| Filing 107 PROPOSED ORDER re #104 Stipulation and Order modifying hearing dates. (Abramson, Glen) |
| Filing 106 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., California Insurance Company. (Stephens, Shand) |
| Filing 105 OPPOSITION by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., California Insurance Company to #93 Motion to Certify Class. (Attachments: #1 Declaration of Shand S. Stephens, #2 Declaration of Spencer Y. Kook, #3 Declaration of Jeanette T. Barzelay, #4 Declaration of Leeanne S. Mancari, #5 Declaration of Justin Smith, #6 Notice of Lodging of a Large Volume of Exhibits)(Stephens, Shand) |
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Filing 104
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 08/30/18. MODIFYING dates as follows: hearing on #93 Motion to Certify Class is SET for 1/22/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Opposition due 10/12/18; reply due 12/07/18. (Benson, A.)
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| Filing 103 STIPULATION and PROPOSED ORDER for Modifying Scheduling Order by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., California Insurance Company. (Stephens, Shand) |
| Filing 102 NOTICE of CHANGE of ADDRESS by Glen L. Abramson, PHV. (Abramson, Glen) |
| Filing 101 NOTICE of CHANGE of ADDRESS by Glen L. Abramson, PHV. Attorney Abramson, Glen L. added. (Abramson, Glen) |
| Filing 100 RESPONSE by Defendants to #93 Motion to Certify Class. (Attachments: #1 Declaration of Ellen Gardiner, #2 REVISED Proposed Order to Seal)(Barzelay, Jeanette) Modified on 8/15/2018 (Mena-Sanchez, L). |
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Filing 99
ORDER signed by Senior Judge William B. Shubb on 7/30/2018 GRANTING #98 Motion for Extension The Applied Defendants shall file a response to Plaintiffs' #95 Request to Seal Documents and Redact Filings to Their Motion for Class Certification on or before 8/13/2018. (Washington, S)
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| Filing 98 MOTION for EXTENSION OF TIME to File Response to #95 Request to Seal by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., California Insurance Company. Attorney Barzelay, Jeanette added. (Attachments: #1 Declaration of Leeanne Mancari, #2 Proposed Order)(Barzelay, Jeanette) Modified on 7/30/2018 (Washington, S). |
| Filing 97 NOTICE OF LODGING OF DOCUMENTS by Shasta Linen Supply, Inc. re #94 Exhibit. (Attachments: #1 Exhibit A)(Abramson, Glen) Modified on 7/30/2018 (Washington, S). |
| Filing 96 MINUTE ORDER (TEXT ONLY) by Relief Courtroom Deputy J. Anderson for Senior Judge William B. Shubb on 07/27/2018: The parties are hereby notified that the #93 Motion to Certify Class currently set for 11/12/2018 is VACATED and RESET for 11/13/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.(Anderson, J) |
| Filing 95 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Shasta Linen Supply, Inc.. (Abramson, Glen) |
| Filing 94 DECLARATION OF GLEN ABRAMSON re #93 Motion to Certify Class filed by Shasta Linen Supply, Inc. (Attachments: #1 Exhibit 1-5, #2 Exhibit 6-12, #3 Exhibit 13-24, #4 Exhibit 25-31, #5 Exhibit 32-44, #6 Exhibit 45-46, #7 Exhibit 47, #8 Exhibit 48-51C, #9 Exhibit 51D-57)(Abramson, Glen) Modified on 7/30/2018 (Washington, S). |
| Filing 93 MOTION to CERTIFY CLASS by Shasta Linen Supply, Inc.. Attorney Abramson, Glen L. added. Motion Hearing set for 11/12/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Proposed Order, #2 Memorandum, #3 Declaration)(Abramson, Glen) |
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Filing 92
ORDER signed by Senior Judge William B. Shubb on 7/25/2018 ORDERING The court expresses no opinion as to whether it will allow any particular document to be sealed; any request to seal must comply with the requirements set forth by, inter alia, Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006), and "articulate compelling reasons supported by specific factual findings that outweigh the general history of access and the public policies favoring disclosure, such as the public interest in understanding the judicial process." Id. at 1178-79 (citations omitted). (Reader, L)
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Filing 91
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 7/16/2018 MODIFYING the Scheduling Order as follows: Filing of Motions for Class Certification due 7/26/2018; Opposition to Class Certification Motion due 9/13/2018; Reply to Opposition due 10/11/2018. (Fabillaran, J)
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Filing 90
ORDER signed by Magistrate Judge Allison Claire on 6/13/18 ORDERING the Defendant's #85 motion to compel responses to subpoenas by third-party Relation Insurance Services, Inc. is GRANTED. Relation shall bear the cost of production. (Becknal, R)
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| Filing 89 MINUTES (Text Only) for proceedings before Magistrate Judge Allison Claire: MOTION HEARING held on 6/13/2018 re 89 Motion to Compel filed by Applied Underwriters, Inc., Applied Risk Services, Inc., California Insurance Company, Applied Underwriters Captive Risk Assurance Company, Inc. Mr. Graham Cridland present for Relation Insurance. The matter is taken under submission and the court will issue a written order. Plaintiffs Counsel Graham Cridland present. Defendants Counsel Travis Wall present. Court Reporter/CD Number: 1 of 1. (Callen, V) |
| Filing 88 JOINT STATEMENT re Discovery Disagreement Re Subpoenas Served On Relation Insurance Services, Inc. by Defendants Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., California Insurance Company re #85 Motion to Compel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Wall, Travis) Modified on 6/7/2018 (Kaminski, H). |
| Filing 87 CERTIFICATE of SERVICE by Defendants re 86 Minute Order. (Wall, Travis) |
| Filing 86 MINUTE ORDER issued by Courtroom Deputy J. Streeter for Magistrate Judge Allison Claire on 5/10/2018: On the Court's own motion, the hearing on Defendant's Motion to Compel (ECF No. #85 ) set for 6/6/2018 is VACATED and RESET for 6/13/2018 at 10:00 AM in Courtroom 26 before Magistrate Judge Allison Claire. (Text Only Entry) (Streeter, J) |
| Filing 85 MOTION to COMPEL Production of Documents in Response to Subpoenas Served On Relation Insurance Services, Inc. by Defendants . Motion Hearing set for 6/6/2018 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Wall, Travis) |
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Filing 84
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 2/6/2018 MODIFYING Scheduling order as follows: Completion of fact discovery due by 2/28/2019; Designation of Expert Witnesses due by 3/28/2019; Rebuttal expert disclosures due by 4/29/2019; Discovery and Discovery motions due by 7/1/2019; Filing of motions relating to class certification filed by 7/19/2018; Opposition to class certification motion due by 9/6/2018; Reply to opposition due by 10/9/2018; All other motions to be filed by 7/1/2019; Final Pretrial Conference CONTINUED to 9/16/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; Jury Trial CONTINUED to 11/13/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Washington, S)
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| Filing 83 TRANSCRIPT of Defendant's Motion for Protective Order Proceedings held on 01/10/2018, before Magistrate Judge Allison Claire. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 3/1/2018. Redacted Transcript Deadline set for 3/9/2018. Release of Transcript Restriction set for 5/7/2018 filed by ECRO Jonathan Anderson, Phone number 916-930-4072 E-mail janderson@caed.uscourts.gov. (Anderson, J) |
| Filing 82 STIPULATION and PROPOSED ORDER for Modifying Scheduling Order by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., California Insurance Company. (Wall, Travis) |
| Filing 81 TRANSCRIPT REQUEST by Shasta Linen Supply, Inc. for proceedings held on 1-10-18 before Judge Mag. Allison Claire. Court Reporter ECRO Jonathan Anderson. (Hall, John) |
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Filing 80
ORDER signed by Magistrate Judge Allison Claire on 1/12/18 ORDERING that Defendant's #75 Motion for Protective Order is GRANTED with regard to discovery into non-California regulatory filings and communications (RFP Nos. 30, 31, 33, 34), and is OTHERWISE DENIED. (Mena-Sanchez, L)
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| Filing 79 MINUTES (Text Only) for proceedings before Magistrate Judge Allison Claire: MOTION HEARING held on 1/10/2018 re #75 Motion for Protective Order filed by Applied Underwriters, Inc., Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., California Insurance Company. Matter submitted and the court will issue a written order. Plaintiffs Counsel Craig Farmer present. Defendants Counsel Shand Stephens and Travis wall present. Court Reporter/CD Number: Jonathan Anderson. (Callen, V) |
| Filing 78 JOINT STATEMENT re Discovery Disagreement by Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Wall, Travis) Modified on 1/4/2018 (Mena-Sanchez, L). |
| Filing 77 NOTICE of Withdrawal of Attorney Raoul Kennedy by All Defendants. (Wall, Travis) |
| Filing 76 MINUTES (Text Only) for proceedings before Magistrate Judge Allison Claire: STATUS CONFERENCE held on 12/18/2017. The Court and Counsel discussed the status of discovery. Plaintiffs Counsel Craig Farmer and John Hall, via telephone. Defendants Counsel Shand Stephens, Travis Wall Spencer Kook, via telephone. Court Reporter/CD Number: 1 of 1. (Callen, V) |
| Filing 75 MOTION for PROTECTIVE ORDER by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., California Insurance Company. Motion Hearing set for 1/10/2018 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Wall, Travis) |
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Filing 74
STIPULATION and ORDER #73 extending time for plaintiffs to file responsive pleadings with defendants' counterclaims to 12/1/2017 signed by Senior Judge William B. Shubb on 11/22/2017. (Kirksey Smith, K)
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| Filing 73 STIPULATION and PROPOSED ORDER for Extending Time to Respond to Counterclaims by Shasta Linen Supply, Inc.. Attorney Moore, John Douglas added. (Moore, John) |
| Filing 72 ANSWER by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., California Insurance Company.(Wall, Travis) |
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Filing 71
ORDER signed by Magistrate Judge Allison Claire on 11/1/2017 ORDERING the parties shall meet and confer regarding any outstanding discovery issues other than ESI by 11/15/2017. The parties shall continue to meet and confer regarding the search methodology for ESI discovery, and shall finalize ESI custodians and search terms by 11/29/2017. Defendants' shall produce all outstanding documents responsive to plaintiff's non-ESI document production requests, or make a motion for a protective order as to requests defendants believe are beyond the proper scope of discovery, by 12/8/2017. Defendants shall produce documents resulting from ESI searches by 12/15/2017. Any requests for extensions of these deadlines, to the extent that additional time needed for compliance will affect any motions deadlines or other dates set by the District Judge, shall be directed to the District Judge. Telephonic Status Conference set for 12/18/2017 at 01:00 PM before Magistrate Judge Allison Claire. (Zignago, K.)
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| Filing 70 MINUTES (Text Only) for proceedings before Magistrate Judge Allison Claire: DISCOVERY HEARING held on 11/1/2017. The court and counsel discuss the status of this case and try to agree on how to proceed and the time that is needed to properly litigate the issues. The court will issue a written order highlighting the specific issues discussed and set all necessary hearings. Plaintiffs Counsel Craig Farmer and John Hall present. Defendants Counsel Shand Stephens and Travis Wall present. Court Reporter/CD Number: Jonathan Anderson. (Callen, V) |
| Filing 69 JOINT STATEMENT re: Status of Discovery. (Donati, J) |
| Filing 68 STIPULATION Extending Defendants Deadline to File Responsive Pleadings to Plaintiffs Amended Complaints by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., California Insurance Company. (Wall, Travis) |
| Filing 67 MINUTE ORDER: (Text Only). The court is in receipt of a letter from the parties indicating that a discovery conference is necessary in this case. A Discovery Management Conference is set for November 1, 2017 at 10:00 a.m. in courtroom 26. The parties shall submit a joint statement regarding the status of discovery by October 25, 2017. (Callen, V) |
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Filing 66
MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 10/17/2017 re #62 Defendants' Motion to Dismiss: IT IS ORDERED that defendants' motion to dismiss plaintiffs' complaints be, and the same hereby is, GRANTED as to plaintiffs' RICO claims; GRANTED as to plaintiffs' attempts to invalidate the RPA on the theory that defendants violated Insurance Code section 11735; and DENIED in all other respects. (Kirksey Smith, K)
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| Filing 65 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 10/16/2017 re #62 Defendants' Motion to Dismiss filed. Counsel argue. MOTION SUBMITTED. The Court shall prepare and issue a separate order. Plaintiff's Counsel John Hall, Craig Farmer present. Defendants' Counsel Travis Wall present. Court Reporter: Kelly O'Halloran. (Kirksey Smith, K) |
| Filing 64 REPLY by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., California Insurance Company re #63 Opposition to Motion. (Wall, Travis) |
| Filing 63 OPPOSITION by Shasta Linen Supply, Inc. to #62 Motion to Dismiss. (Hall, John) |
| Filing 62 MOTION to DISMISS by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., California Insurance Company. Motion Hearing set for 10/16/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Request for Judicial Notice , #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11 , #13 Exhibit 12, #14 Exhibit 13, #15 Proposed Order)(Wall, Travis) |
| Filing 61 MINUTE ORDER: (Text Only). The court conducted an informal telephonic discovery conference with counsel for all parties. Following discussion and with the consent of all parties to the informal process, the court orders as follows: (1) Defendants shall produce outstanding supplemental responses to interrogatories within 14 days; (2) the parties shall within 30 days meet and confer and resolve outstanding ESI issues including search terms and custodians. The parties are encouraged to agree to a schedule for the ESI discovery process, and may request a formal discovery scheduling conference if they are unable to do so within 30 days. (Callen, V) |
| Filing 60 MINUTE ORDER: (Text Only). The parties in this matter have requested an informal telephone conference. The conference is scheduled for 07/28/2017 at 9:30 a.m. At least 24 hours before the conference the parties shall file a joint letter briefly explaining what meet and confer efforts have been undertaken and provide a synopsis of the discovery dispute. The joint letter brief shall be no more than two (2) pages in length, including any exhibits or attachments (which are discouraged), and shall be in at least 12-point type. Pages exceeding this limit will not be considered. The letter shall be emailed to acorders@caed.uscourts.gov. No paper courtesy copy is required. The parties are instructed to contact the Courtroom Deputy, Valerie Callen at 916-930-4199 for further instructions and the appropriate telephone contact number. (Callen, V) |
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Filing 59
STIPULATION AND ORDER signed by Senior Judge William B. Shubb on 7/6/2017 ORDERING the defendants to answer, move or otherwise respond to the #56 Second Amended Complaint by 8/10/2017; ORDERING the plaintiffs to file an opposition/reply to counterclaim by 9/14/2017; ORDERING the defendants to file any opposition by 10/5/2017; ORDERING the parties to disclose experts by 10/31/2018 and to disclose rebuttal experts by 11/28/2018; ORDERING that fact discovery be completed by 9/28/2018 and that all discovery, including the filing of any discovery motions, be completed by 1/31/2019; ORDERING that the Motion for Class Certification be filed by 2/22/2018; ORDERING that the opposition to said motion be filed by 4/6/2018; ORDERING that any reply be filed by 5/7/2018; ORDERING that any other motions be filed by 1/31/2019; CONTINUING the Final Pretrial Conference to 4/15/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; CONTINUING the Jury Trial to 6/11/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Michel, G.)
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| Filing 58 STIPULATION and PROPOSED ORDER for Consolidating Related Actions for Pre-Trial Purposes and Modifying Scheduling Order by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., California Insurance Company. (Wall, Travis) |
| Filing 57 NOTICE of APPEARANCE by Raoul Dion Kennedy on behalf of Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., California Insurance Company. Attorney Kennedy, Raoul Dion added. (Kennedy, Raoul) |
| Filing 56 SECOND AMENDED COMPLAINT against All Defendants by Shasta Linen Supply, Inc.. (Attachments: #1 Exhibit A , #2 Exhibit B , #3 Exhibit C , #4 Exhibit D , #5 Exhibit E , #6 Exhibit F , #7 Exhibit G , #8 Exhibit H , #9 Exhibit I , #10 Exhibit J , #11 Exhibit K , #12 Exhibit L , #13 Exhibit M , #14 Certificate of Service)(Hall, John) Modified on 6/22/2017 (Kastilahn, A). |
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Filing 55
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 5/15/2017 ORDERING the deadline in each of the above-captioned cases for the Parties to join additional parties and amend their pleadings without further leave of Court is EXTENDED for 30 days from 5/22/2017 to 6/21/2017.(Washington, S)
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| Filing 54 STIPULATION and PROPOSED ORDER for Extension of Time to Join Parties and/or Amend Pleadings by Shasta Linen Supply, Inc. (Attachments: #1 Proposed Order)(Hall, John) |
| Filing 53 PROPOSED STIPULATED Protocol for Production of Electronically Stored Information by Shasta Linen Supply, Inc. (Hall, John) |
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Filing 52
ORDER signed by Senior Judge William B. Shubb on 3/15/17 ORDERING that the deadline for the parties to join additional parties and amend their pleadings is extended for 60 days from 3/21/17 until 5/22/17. (Becknal, R)
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| Filing 51 STIPULATION AND PROPOSED ORDER for Extension of Time to join parties and/or amend pleadings by Shasta Linen Supply, Inc. (Attachments: #1 Proposed Order) (Hall, John) |
| Filing 50 NOTICE of Withdrawal Of Counsel by Applied Underwriters, Inc. (Wall, Travis) Modified on 1/5/2017 (Washington, S). |
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Filing 49
STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 11/10/2016 ORDERING: The parties may join additional parties to this action and amend their pleadings until 3/21/2017; The parties shall serve the initial disclosures required by FRCP 26(a)(1) by no later than 12/16/2016; The parties shall disclose experts and produce reports in accordance with FRCP 26(a)(2) by no later than 4/30/2018; Fact discovery shall be so conducted as to be completed by 3/30/2018; all Discovery shall be so conducted as to be completed by 6/29/2018; Dispositive Motions shall be filed by 7/31/2018; the Final Pretrial Conference is set for 10/9/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; a Jury Trial is set for 12/11/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Jackson, T)
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| Filing 48 JOINT STATUS REPORT by Shasta Linen Supply, Inc. (Farmer, Craig) |
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Filing 47
ORDER signed by Senior Judge William B. Shubb on 10/17/2016 DENYING without prejudice #33 Plaintiff's Motion for Reconsideration. (Kirksey Smith, K)
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| Filing 46 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 10/17/2016 re #33 Plaintiff's Motion for Reconsideration. Counsel argue. MOTION SUBMITTED. The Court shall prepare and issue a separate order. Plaintiff's Counsel John Hall present. Defendant's Counsel Travis Wall, Raoul Kennedy present. Court Reporter: Michelle Babbitt. (Kirksey Smith, K) |
| Filing 45 NOTICE of Stipulated Consent Order by all Defendants. Attorney Kook, Spencer Y. added. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kook, Spencer) |
| Filing 44 MINUTE ORDER (TEXT ONLY): On the Court's own motion, the parties are hereby notified that #33 Plaintiff's Motion For Reconsideration currently set for hearing on 8/22/2016 is continued to 10/17/2016 at 1:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Scheduling Conference is continued from 9/26/2016 to 11/21/2016 at 1:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, with a Joint Status Report due on or before 11/7/2016. (Kirksey Smith, K) |
| Filing 43 ANSWER to #38 Counterclaim by Shasta Linen Supply, Inc. (Attachments: #1 Exhibit A) (Hall, John) Modified on 8/11/2016 (Michel, G.). |
| Filing 42 MINUTE ORDER (TEXT ONLY): On the Court's own motion, the parties are hereby notified that #33 Plaintiff's Motion For Reconsideration now set for hearing on 8/8/2016 is continued to 8/22/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K) |
| Filing 41 REPLY by Shasta Linen Supply, Inc. re #39 Opposition to Motion. (Hall, John) |
| Filing 40 REQUEST for JUDICIAL NOTICE by Applied Risk Services, Inc. in re #39 Opposition to Motion. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Wall, Travis) Modified on 7/27/2016 (Kaminski, H). |
| Filing 39 OPPOSITION by Applied Risk Services, Inc. to #33 MOTION for RECONSIDERATION . (Wall, Travis) |
| Filing 38 ANSWER, COUNTERCLAIM against Shasta Linen Supply, Inc. by Applied Underwriters, Inc.. by Applied Underwriters, Inc..(Wall, Travis) |
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Filing 37
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 7/7/2016 ORDERING pursuant to Civil Local Rule 144(a) that Defendants' deadline to answer or otherwise respond to Plaintiff's First Amended Complaint is EXTENDED from 7/8/2016 to 7/20/2016. (Jackson, T)
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| Filing 36 STIPULATION and PROPOSED ORDER for Extending Defendants Deadline to Respond to Plaintiffs First Amended Complaint by Applied Risk Services, Inc.. (Wall, Travis) |
| Filing 35 PROPOSED ORDER re #33 MOTION for RECONSIDERATION . (Hall, John) Modified on 6/29/2016 (Kastilahn, A). |
| Filing 34 REQUEST for JUDICIAL NOTICE by Shasta Linen Supply, Inc. in re #33 Motion for Reconsideration. (Attachments: #1 Exhibit A to Plaintiff's RJN)(Hall, John) |
| Filing 33 MOTION for RECONSIDERATION by Shasta Linen Supply, Inc.. Motion Hearing set for 8/8/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Hall, John) |
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Filing 32
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/24/2016 GRANTING Request to Continue Initial Deadlines. Initial Scheduling Conference CONTINUED to 9/26/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Deadline to Confer: 9/5/2016. Joint Status Report due 9/12/2016. (Donati, J)
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| Filing 31 STIPULATION and PROPOSED ORDER for Continuing Status Conference and Corresponding Deadlines by Applied Underwriters, Inc.. (Wall, Travis) |
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Filing 30
ORDER signed by Senior Judge William B. Shubb on 6/20/16 ORDERING that #17 Dfendants' MOTION to Dismiss Plaintiff's First Amended Complaint, (Docket No. #17 ), be, and the same hereby is GRANTED to the extent that Plaintiff seeks to invalidate the Reinsurance Participation Agreement on the theory that Defendants violated California Insurance Code 11735; and DENIED in all other respects. (Mena-Sanchez, L)
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| Filing 29 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 6/13/2016 re #17 Defendants' Motion to Dismiss Amended Complaint. Counsel argue. MOTION SUBMITTED. The Court shall prepare and issue a separate order. Plaintiffs Counsel Craig Farmer, John Hall present. Defendants Counsel Travis Wall present. Court Reporter: Cathie Bodene. (Kirksey Smith, K) |
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Filing 28
RELATED CASE ORDER signed by Senior Judge William B. Shubb on 6/6/2016 RELATING Case(s) 2:16-CV-158 WBS AC and 2:16-CV-1211 MCE CKD, REASSIGNING CASE 2:16-CV-1211 to Senior Judge William B. Shubb and Magistrate Judge Allison Claire for all further proceedings; any dates in reassigned case only are hereby VACATED; New Case Number: 2:16-CV-1211 WBS AC. (Reader, L)
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| Filing 27 SUPPLEMENTAL #18 REQUEST for JUDICIAL NOTICE by Applied Underwriters, Inc. in support of #17 Motion to Dismiss. (Attachments: #1 Exhibit J, #2 Exhibit K, #3 Exhibit L)(Wall, Travis) Modified on 6/7/2016 (Benson, A). |
| Filing 26 REPLY by Applied Underwriters, Inc. to RESPONSE to #17 MOTION to DISMISS. (Wall, Travis) |
| Filing 25 NOTICE of RELATED CASE 2:16-CV-01211-MCE-CKD by Applied Underwriters, Inc.. (Wall, Travis) |
| Filing 24 PROPOSED ORDER Denying Motion to Dismiss re #22 Opposition to Motion. (Attachments: #1 Proof of Service)(Farmer, Craig) Modified on 5/31/2016 (Kaminski, H). |
| Filing 23 REQUEST for JUDICIAL NOTICE by Shasta Linen Supply, Inc. re #22 Opposition to Motion. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proof of Service)(Farmer, Craig) Modified on 5/31/2016 (Kaminski, H). |
| Filing 22 OPPOSITION by Shasta Linen Supply, Inc. to #17 Motion to Dismiss. (Attachments: #1 Proof of Service)(Farmer, Craig) |
| Filing 21 NOTICE of Association of Counsel by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., California Insurance Company. Attorney Stephens, Shand Scott added. (Stephens, Shand) |
| Filing 20 MINUTE ORDER (TEXT ONLY): The parties are hereby notified that the Scheduling Conference is continued from 6/6/2016 to 7/18/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, pending hearing on #17 Defendants' Motion to Dismiss First Amended Complaint now set for hearing on 6/13/2016. A Joint Status Report shall be filed no later than 7/5/2016. (Kirksey Smith, K) |
| Filing 19 PROPOSED ORDER re #17 Motion to Dismiss. (Wall, Travis) Modified on 5/19/2016 (Zignago, K.). |
| Filing 18 REQUEST for JUDICIAL NOTICE by Applied Risk Services, Inc. in re #17 Motion to Dismiss. (Attachments: #1 Exhibit A to RJN, #2 Exhibit B to RJN, #3 Exhibit C to RJN, #4 Exhibit D to RJN, #5 Exhibit E to RJN, #6 Exhibit F to RJN, #7 Exhibit G to RJN, #8 Exhibit H to RJN, #9 Exhibit I to RJN)(Wall, Travis) |
| Filing 17 MOTION to DISMISS by Applied Risk Services, Inc.. Motion Hearing set for 6/13/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Wall, Travis) |
| Filing 16 NOTICE OF ASSOCIATION OF COUNSEL by All Defendants. Attorney Wall, Travis R added. (Wall, Travis) |
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Filing 15
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 4/25/16 ORDERING that the Initial Scheduling Conference is continued by four weeks from May 9, 2016 to June 6, 2016 at 1:30 p.m., and that the corresponding deadlines are extended as follows: Deadline to confer as required by Federal Rule of Civil Procedure 26(f): May 16, 2016; Deadline to submit Joint Status Report: May 23, 2016. (Becknal, R)
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| Filing 14 STATEMENT of Corporate Disclosure by Defendant Applied Underwriters, Inc.. (Stedman, John) |
| Filing 13 NOTICE of APPEARANCE by Spencer Y. Kook on behalf of Applied Risk Services, Inc.. Attorney Kook, Spencer Y. added. (Kook, Spencer) |
| Filing 12 NOTICE of APPEARANCE by Travis R Wall on behalf of Applied Underwriters, Inc.. Attorney Wall, Travis R added. (Wall, Travis) |
| Filing 11 SUMMONS RETURNED EXECUTED: California Insurance Company served on 4/12/2016. (Farmer, Craig) Modified on 4/25/2016 (Mena-Sanchez, L). |
| Filing 10 SUMMONS RETURNED EXECUTED: Applied Underwriters Captive Risk Assurance Company, Inc. served on 4/12/2016. (Farmer, Craig) Modified on 4/25/2016 (Mena-Sanchez, L). |
| Filing 9 SUMMONS RETURNED EXECUTED: Applied Underwriters, Inc. served on 4/12/2016. (Farmer, Craig) Modified on 4/25/2016 (Mena-Sanchez, L). |
| Filing 8 SUMMONS RETURNED EXECUTED: Applied Risk Services, Inc. served on 4/12/2016. (Farmer, Craig) Modified on 4/25/2016 (Mena-Sanchez, L). |
| Filing 7 STIPULATION and [PROPOSED] ORDER continuing Status Conference and corresponding deadlines by Applied Underwriters, Inc. (Stedman, John) Modified on 4/25/2016 (Mena-Sanchez, L). |
| Filing 6 STIPULATION Extending Defendants deadline to respond to Plaintiffs Complaint by Applied Underwriters, Inc. Attorney Stedman, John Russell added. (Stedman, John) Modified on 4/25/2016 (Mena-Sanchez, L). |
| Filing 5 FIRST AMENDED COMPLAINT against All Defendants by Shasta Linen Supply, Inc.. (Attachments: #1 Exhibit)(Farmer, Craig) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Shasta Linen Supply, Inc. (Farmer, Craig) Modified on 1/27/2016 (Michel, G.). |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference SET for 5/9/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Consent Form, #2 VDRP) (Mena-Sanchez, L) |
| Filing 2 SUMMONS ISSUED as to *Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., California Insurance Company* with answer to complaint due within *21* days. Attorney *Craig E. Farmer* *Farmer Smith & Lane Llp* *3620 American River Drive, #218* *Sacramento, CA 95864*. (Mena-Sanchez, L) |
| Filing 1 COMPLAINT for Unfair Business Practices and Fraud against All Defendants by Shasta Linen Supply, Inc.. Attorney Farmer, Craig E. added. (Filing fee $ 400, receipt number 0972-6283303) (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet)(Farmer, Craig) |
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