Pet Food Express Ltd. v. Applied Underwriters Inc. et al
Plaintiff: Pet Food Express Ltd.
Defendant: Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance, Inc. and California Insurance Company, Inc.
Case Number: 2:2016cv01211
Filed: June 3, 2016
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Shasta
Presiding Judge: Allison Claire
Presiding Judge: William B. Shubb
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
January 12, 2021 Opinion or Order Filing 156 ORDER RELATING CASES signed by Senior Judge William B. Shubb on 1/11/21 ORDERING cases 2:16-cv-00158 WBS AC, 2:16-cv-01211 WBS AC, 2:20-cv-02096 WBS AC and 2:21-cv-30 JAM JDP are RELATED.(Kaminski, H)
October 22, 2020 Opinion or Order Filing 154 ORDER RELATING CASES signed by Senior Judge William B. Shubb on 10/21/2020 ORDERING cases 2:16-cv-00158 WBS AC, 2:16-cv-01211 WBS AC and 2:20-cv-02096 KJM AC are RELATED. Case denominated 2:20-cv-02096 KJM AC, is REASSIGNED to the Honorable William B. Shubb. Any dates currently set in the reassigned case only are hereby VACATED. The captions on documents filed in the reassigned case shall be shown as 2:20-cv-02096 WBS AC. (Zignago, K.)
August 25, 2020 Opinion or Order Filing 152 MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 8/24/2020 ORDERING that costs for making copies of $10,153.46, as well as the uncontested costs of $10,252.48, for a total of $20,396.04, will be allowed for defendants and are taxed against plaintiff. (Kastilahn, A)
September 12, 2019 Opinion or Order Filing 148 ORDER signed by Senior Judge William B. Shubb on 09/11/19 GRANTING Defendants' 138 Motion for Summary Judgment; DENYING Plaintiff's 139 Motion for Partial Summary Judgment. CASE CLOSED (Benson, A.)
August 27, 2019 Opinion or Order Filing 144 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 8/26/2019 ORDERING plaintiff Alpha Polishing, Inc. d/b/a General Plating Co. is DISMISSED from this action with prejudice. All Claims filed by Alpha against Defendants Applied Underwr iters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., California Insurance Company, and Applied Risk Services, Inc. and all Counterclaims filed by Defendants against Alpha are DISMISSED with prejudice, with each Alpha and Defendants to bear their own costs, expenses, and attorneys' fees. (Zignago, K.)
June 25, 2019 Opinion or Order Filing 136 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/24/19 MODIFYING the Scheduling Order as follows: Rebuttal expert disclosures and exchange rebuttal reports due by 7/15/19. Written discovery requests to experts due by 7/17/19. Close of expert discovery is 7/26/19. Deadline for filing dispositive motions is 7/26/19. Responses to expert discovery served by 7/26/19. Oppositions to dispositive motions due by 8/19/19. Replies in support of dispositive motions due by 8/30/19. (Coll, A)
May 16, 2019 Opinion or Order Filing 133 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 request s 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.)
April 17, 2019 Opinion or Order Filing 128 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; REFERR ING 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)
March 27, 2019 Opinion or Order Filing 125 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)
March 1, 2019 Opinion or Order Filing 123 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)
January 29, 2019 Opinion or Order Filing 116 MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 1/28/19 DENYING 101 Motion for Class Certification and 112 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)
November 30, 2018 Opinion or Order Filing 109 STIPULATION and ORDER 108 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)
August 31, 2018 Opinion or Order Filing 105 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 08/30/18. MODIFYING dates as follows: hearing on 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.)
July 31, 2018 Opinion or Order Filing 100 ORDER signed by Senior Judge William B. Shubb on 7/30/2018 The Applied Defendants shall file a response to Plaintiffs' Request to Seal Documents and Redact Filings to Their Motion for Class Certification on or before 8/13/2018 (Washington, S)
July 25, 2018 Opinion or Order Filing 99 ORDER signed by Senior Judge William B. Shubb on 7/25/2018 ORDERING 98 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)
July 17, 2018 Opinion or Order Filing 97 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)
June 14, 2018 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Allison Claire on 6/13/18 ORDERING the Defendant's 89 motion to compel responses to subpoenas by third-party Relation Insurance Services, Inc. is GRANTED. Relation shall bear the cost of production. (Becknal, R)
February 6, 2018 Opinion or Order Filing 88 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)
January 12, 2018 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Allison Claire on 1/12/18 ORDERING that Defendants' 78 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)
October 17, 2017 Opinion or Order Filing 65 MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 10/17/2017 re 61 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)
July 6, 2017 Opinion or Order Filing 58 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 54 First Amended Complaint by 8/10/2017; ORDERING the plaintiffs to file an opposition/reply to countercla im 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 d iscovery, 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 f iled 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.)
May 16, 2017 Opinion or Order Filing 53 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)
February 24, 2017 Opinion or Order Filing 48 PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 2/23/2017. (Zignago, K.)
October 18, 2016 Opinion or Order Filing 35 ORDER signed by Senior Judge William B. Shubb on 10/18/2016 re 15 Defendants' Motion to Dismiss: IT IS ORDERED that defendants' motion to dismiss plaintiff's Complaint to the extent the Complaint relies upon California Insurance Code Section 11735 be, and the same hereby is, DENIED AS MOOT because plaintiff does not rely upon that section. (Kirksey Smith, K)
June 1, 2016 Opinion or Order Filing 19 STIPULATION AND ORDER re 18 13 MOTION to Change Venue to United States District Court for the Eastern District of California filed by Applied Underwriters Inc. Signed by Judge Edward M. Chen on 6/1/16. (bpfS, COURT STAFF) (Filed on 6/1/2016) [Transferred from cand on 6/3/2016.]
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Search for this case: Pet Food Express Ltd. v. Applied Underwriters Inc. et al
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Plaintiff: Pet Food Express Ltd.
Represented By: John Douglas Moore
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Defendant: Applied Underwriters, Inc.
Represented By: Spencer Y. Kook
Represented By: John Russell Stedman
Represented By: Travis R Wall
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Defendant: Applied Underwriters Captive Risk Assurance, Inc.
Represented By: Spencer Y. Kook
Represented By: John Russell Stedman
Represented By: Travis R Wall
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Defendant: California Insurance Company, Inc.
Represented By: Spencer Y. Kook
Represented By: John Russell Stedman
Represented By: Travis R Wall
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