Mostajo et al v. Nationwide Mutual Ins. Co.
Mostajo, Anthony Marc Mostajo and Elaine Quedens |
Nationwide Mutual Insurance Company |
2:2017cv00350 |
February 16, 2017 |
US District Court for the Eastern District of California |
Sacramento Office |
Sacramento |
Allison Claire |
Dale A Drozd |
John A Mendez |
Labor: Other |
28 U.S.C. § 1332 Diversity-Petition for Removal |
Plaintiff |
Docket Report
This docket was last retrieved on April 12, 2023. A more recent docket listing may be available from PACER.
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Filing 156 ORDER signed by District Judge Dale A. Drozd on 04/12/23 GRANTING #145 Motion for Final Approval of Class Action Settlement; GRANTING #144 Motion for Attorneys' fees and costs, incentive award, and settlement administrator costs as detailed in order. This action is DISMISSED with prejudice in accordance with the terms of the parties' amended settlement agreement, with the court specifically retaining jurisdiction over this action for the purpose of enforcing the parties' settlement agreement. CASE CLOSED (Benson, A.) |
Filing 155 DECLARATION of John Battenfeld re [ 154 ] Minute Order. (Battenfeld, John) |
Filing 154 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 1/17/2023: In light of the #153 Declaration by defendant's counsel, defendant is directed to file a declaration no later than 4/11/2023 informing the court of whether it received any objection in response to defendant sending notice of the proposed settlement to certain state and federal government officials pursuant to the Class Action Fairness Act, 28 U.S.C. 1715(b).(Buzo, P) |
Filing 153 DECLARATION of John S. Battenfeld re Status of CAFA Notice, re Minute (ECF No. 152 ). (Battenfeld, John) Modified on 1/12/2023 (Kastilahn, A). |
Filing 152 MINUTES (Text Only) for proceedings held via video conference before District Judge Dale A. Drozd: MOTION HEARING held on 1/6/2023 re #144 Motion for Attorney Fees filed by Elaine Quedens, Anthony Marc Mostajo, #145 Motion for Final Approval of Class Settlement filed by Elaine Quedens, Anthony Marc Mostajo. Robin Workman appeared by video on behalf of plaintiffs. John Battenfeld and Anahi Cruz appeared by video on behalf of defendant. Court addressed pltf cnsl as to any objections as stated on the record. Court addressed defense cnsl as to notification. Court ordered defense to file notice after hearing. Court addressed pltf cnsl as to class period as stated on the record. Defense cnsl addressed the court as to class period. Court addressed pltf cnsl as to cost of total amount as stated on the record. After hearing of arguments, for reasons stated on the record, defendant is directed to, as soon as possible, but no later than 1/11/2023, file a declaration indicating whether defendant sent notice of the proposed settlement to the appropriate federal and state officials as is required by the Class Action Fairness Act ("CAFA") pursuant to 28 U.S.C. 1715(b). If defendant provided such notice pursuant to CAFA prior to the date of the final approval hearing, defendant's declaration shall contain the date that such notice was provided. If defendant did not provide notice pursuant to CAFA prior to the date of the final approval hearing, defendant is directed to file a second declaration no later than 1/13/2023, informing the court of the date on which defendant eventually provided notice to the appropriate federal and state officials pursuant to CAFA. The court will not issue an order granting the pending motion for final approval of the proposed settlement until at least 90 days from the date on which such notice was required. Plaintiffs Counsel Robin Workman present. Defendants Counsel John Battenfeld, Anahi Cruz present. Court Reporter/CD Number: Jennifer Coulthard. (Buzo, P) |
Filing 151 DESIGNATION of COUNSEL terminating Aimee Mackay by Nationwide Mutual Insurance Company. (Cruz, Anahi) Modified on 12/5/2022 (Benson, A.). |
Filing 150 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 12/2/2022: On 12/1/2022, the parties filed a #149 Joint Stipulation to continue the hearing on plaintiffs' #145 motion for final approval of a class action settlement and #144 motion for attorneys' fees. Good cause appearing, that #149 stipulation is adopted in part and rejected in part. The hearing on plaintiffs' #145 motion for final approval of a class action settlement and #144 motion for attorneys' fees is hereby RESET for 1/6/2023 at 10:00 AM before District Judge Dale A. Drozd via Zoom. The parties are directed to Judge Drozd's #143 standing order for Zoom appearance information.(Buzo, P) |
Filing 149 STIPULATION and PROPOSED ORDER for Continuation of Hearing Date re #144 Motion for Attorney Fees, #145 Motion for Final Approval of Class Settlement by Anthony Marc Mostajo, Elaine Quedens. (Workman, Robin) |
Filing 148 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 11/30/2022: Plaintiffs' #146 Notice to Reschedule the Final Approval Hearing in this action is hereby STRICKEN as improper. Parties cannot unilaterally reschedule hearing dates on pending motions. Plaintiffs' pending #145 motion for final approval of a class action settlement and #144 Motion for Attorneys' Fees remain set for hearing on 12/6/2022. The parties may file a stipulation or request to continue the hearing date; however, the parties are advised that the court will not continue the 12/6/2022 hearing date absent a showing of good cause.(Buzo, P) |
Filing 147 STATEMENTAL STATEMENT in support re #145 Motion for Final Approval of Class Settlement by Nationwide Mutual Insurance Company. (Cruz, Anahi) Modified on 12/1/2022 (Reader, L). |
Filing 146 STRICKEN PER MINUTE ORDER 178 : NOTICE to RESCHEDULE HEARING on #144 Motion for Attorney Fees, #145 Motion: Motion Hearing set for 1/17/2023 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Workman, Robin). Modified on 12/1/2022 (Buzo, P). |
Filing 145 MOTION for final approval of class settlement, and for claims administration fee by Anthony Marc Mostajo, Elaine Quedens. Motion Hearing set for 12/6/2022 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration of Robin G. Workman, #4 Declaration of Tina Chiango)(Workman, Robin) Modified on 12/1/2022 (Reader, L). |
Filing 144 MOTION for ATTORNEY FEES by Anthony Marc Mostajo, Elaine Quedens. Motion Hearing set for 12/6/2022 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Robin G. Workman, #3 Declaration of Tina Chiango, #4 Request for Judicial Notice)(Workman, Robin) |
Filing 143 STANDING ORDER signed by District Judge Dale A. Drozd on 8/25/2022. (Zignago, K.) |
Filing 142 ORDER by Chief Judge Kimberly J. Mueller: The Court having considered the equitable division and efficient and economical determination of court business, hereby reassigns this case from District Judge *Kimberly J. Mueller* to * District Judge Dale A. Drozd* for all further proceedings. (Zignago, K.) |
Filing 141 ORDER signed by Chief District Judge Kimberly J. Mueller on 08/04/22 GRANTING #138 Motion for Preliminary Approval. The court orders the following schedule: Defendant shall provide the contact information for the putative class to RG2 Claims Administration within 20 days from entry of this order. RG2 Claims Administration shall mail Notice Packets to putative class within 40 days from entry of this order. Existing and new class members shall have 45 days from the mailing of notice packets to opt-out. Putative class members shall submit objections, if any, within 45 days of the mailing of the notice. Plaintiffs' motion for final approval and attorney's fees and costs shall be filed 40 days in advance of the final approval hearing. The parties shall provide their mediation briefs in camera at the time they file the motion for final approval. Final Approval Hearing set for 1/6/2023 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller.(Licea Chavez, V) |
Filing 140 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 7/1/2022: On the court's own motion and pursuant to Local Rule 230(g), Plaintiff's Application for Order Granting Preliminary Approval of Class Settlement, Approving Proposed Class Notices, Appointing Claims Administrator, and Setting Final Approval Hearing, ECF No. #138 , is SUBMITTED without oral argument. Accordingly, the hearing date of 7/8/2022 is VACATED. If the court determines that oral argument is needed, it will be scheduled at a later date. (Text Only Entry) (Schultz, C) |
Filing 139 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 6/24/2022: In light of the 4/18/2022 Reassignment Order, ECF No. 137, and the pending Motion for Preliminary Approval of Class Action Settlement, ECF No. #138 , the Final Pretrial Conference set for 9/23/2022 and the Jury Trial set for 11/7/2022 before District Judge John A. Mendez are VACATED. (Text Only Entry)(Schultz, C) |
Filing 138 MOTION for PRELIMINARY APPROVAL of Class Action Settlement by Anthony Marc Mostajo, Elaine Quedens. Motion Hearing set for 7/8/2022 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Points and Authorities, #2 Declaration of Robin G. Workman, #3 Declaration of William W. Wickersham, #4 Declaration of Elaine Quedens, #5 Declaration of Anthony Marc Mostajo)(Workman, Robin) Modified on 6/3/2022 (Huang, H). |
Filing 137 ORDER signed by Chief District Judge Kimberly J. Mueller on 4/18/2022: Pursuant to the senior status of District Judge John A. Mendez, this case is REASSIGNED to Chief District Judge Kimberly J. Mueller for all further proceedings. District Judge John A. Mendez is no longer assigned to case. The case number on all future filed documents shall be: 2:17-cv-0350 KJM AC. (TEXT ONLY ENTRY) (Benson, A.) |
Filing 136 STIPULATION and ORDER signed by District Judge John A. Mendez on 12/06/21 AMENDING the Scheduling Order as follows: Discovery due by 5/13/2022; Dispositive Motions filed by 6/24/2022 and heard 08/09/22 at 1:30 p.m.; Final Pretrial Conference set for 9/23/2022 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez and Jury Trial set for 11/7/2022 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Benson, A.) |
Filing 135 STIPULATION and PROPOSED ORDER to Amend Pretrial Scheduling Order by Nationwide Mutual Insurance Company. (Cruz, Anahi) Modified on 12/6/2021 (Benson, A.). |
Filing 134 JOINT STATEMENT of Mid-Litigation filed by Defendant Nationwide Mutual Insurance Company. (Cruz, Anahi) |
Filing 133 DESIGNATION of COUNSEL by Nationwide Mutual Insurance Company. Attorney Paul DeCamp terminated. (DeCamp, Paul) Modified on 11/1/2021 (Coll, A). |
Filing 132 ORDER signed by District Judge John A. Mendez on 10/25/2021 EXTENDING #114 to 11/5/2021, that the deadline to disclose rebuttal experts. (Reader, L) |
Filing 131 STIPULATION and PROPOSED ORDER for Extension of Time to Disclose Rebuttal Experts by Nationwide Mutual Insurance Company. (Cruz, Anahi) Modified on 10/26/2021 (Huang, H). |
Filing 130 NOTICE of CHANGE of ADDRESS by Robin G. Workman. (Workman, Robin) |
Filing 129 ORDER SUBSTITUTING ATTORNEY signed by District Judge John A. Mendez on 4/29/2021: ADDED Attorney Anahi Gonzalez for Nationwide Mutual Insurance Company.(Mena-Sanchez, L) |
Filing 128 ORDER SUBSTITUTING ATTORNEY signed by District Judge John A. Mendez on 4/29/2021: ADDED Attorney Aimee Grace Mackay for Nationwide Mutual Insurance Company. (Mena-Sanchez, L) |
Filing 127 ORDER SUBSTITUTING ATTORNEY signed by District Judge John A. Mendez on 4/29/2021: ADDED Attorney John Spivey Battenfeld for Nationwide Mutual Insurance Company.(Mena-Sanchez, L) |
Filing 126 ORDER SUBSTITUTING ATTORNEY signed by District Judge John A. Mendez on 4/29/2021: ADDED Attorney Douglas Roger Hart for Nationwide Mutual Insurance Company in place of Attorney James J. Oh, PHV.(Mena-Sanchez, L) |
Filing 125 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Nationwide Mutual Insurance Company. (Gonzalez, Anahi) |
Filing 124 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Nationwide Mutual Insurance Company. (Mackay, Aimee) |
Filing 123 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Nationwide Mutual Insurance Company. (Battenfeld, John) |
Filing 122 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Nationwide Mutual Insurance Company. (Hart, Douglas) |
Filing 121 NOTICE of Withdrawal of #118 Motion to Issue Written Discovery. by Nationwide Mutual Insurance Company. (Oh, James) Modified on 4/22/2021 (Kaminski, H). |
Filing 120 NOTICE of Defendant's Request to Take Defendant's Motion for Leave to Serve Written Discovery to Plaintiffs' Trial Witnesses off Calendar by Nationwide Mutual Insurance Company re #118 Motion to Issue Written Discovery. (Oh, James) Modified on 4/21/2021 (Kaminski, H). |
Filing 119 MINUTE ORDER issued by Courtroom Deputy J. Anderson for Magistrate Judge Allison Claire on 04/07/2021 re #118 Motion for Discovery. The hearing on the motions now calendared for Wednesday, April 28, 2021 is ordered SUBMITTED without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (Text Only Entry)(Anderson, J) |
Filing 118 MOTION for LEAVE to ISSUE WRITTEN DISCOVERY to Plaintiffs' Trial Witnesses by Nationwide Mutual Insurance Company. Motion Hearing SET for 4/28/2021 at 10:00 AM before Magistrate Judge Allison Claire. (Oh, James) Modified on 4/8/2021 (Mena-Sanchez, L). |
Filing 117 DESIGNATION of COUNSEL FOR SERVICE. Attorney Rachel Elizabeth Davey terminated. (Workman, Robin) |
Filing 116 MINUTE ORDER: Defendant's Request to Modify the Scheduling Order, ECF No. #115 is GRANTED as follows: Defendant's request for a trial plan is DENIED WITHOUT PREJUDICE to renew before the close of discovery; and Defendant's request that the parties identify potential trial witnesses is GRANTED. The parties shall exchange their lists of potential witnesses no later than February 11, 2021. The parties are granted leave to supplement their lists as necessary. The trial witness list shall be made final at the Pretrial Conference. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) |
Filing 115 REQUEST FOR MODIFICATION of #114 Pretrial Scheduling Order by Nationwide Mutual Insurance Company. (Attachments: #1 Declaration of James J. Oh) (Oh, James) |
Filing 114 PRETRIAL SCHEDULING ORDER signed by District Judge John A. Mendez on 1/25/2021 ORDERING that all expert witnesses be disclosed by 10/15/2021, that all supplemental disclosure be made by 10/29/2021, and that all discovery be completed by 12/17/2021; ORDERING that all dispositive motions be filed by 1/28/2022 and that said motions be noticed for hearing on 3/15/2022 at 1:30 PM before District Judge John A. Mendez; SETTING the Final Pretrial Conference for 4/29/2022 at 10:00 AM and the Jury Trial for 6/13/2022 at 9:00 AM, both before District Judge John A. Mendez; DENYING WITHOUT PREJUDICE Defendant's #113 Request for Court Order re Plaintiffs' Proposed Trial Plan. (Michel, G.) |
Filing 113 JOINT STATUS REPORT by Nationwide Mutual Insurance Company. (Attachments: #1 Exhibit A - Meet and Confer Correspondence )(Oh, James) |
Filing 112 MINUTE ORDER: On December 17, 2020, Defendant filed a request to schedule a telephonic status and case management conference in order to set a schedule for fact and expert discovery, motion practice, and for Plaintiffs to submit a trial plan. See ECF Nos. #110 , #111 . The parties should instead submit a joint status conference statement. To the extent the parties disagree on scheduling and a trial plan, the Court will resolve those disputes on the papers. Accordingly, Defendant's request is DENIED. The hearing scheduled for February 9, 2021, is hereby VACATED. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) |
Filing 111 MEMORANDUM by Nationwide Mutual Insurance Company in SUPPORT of #110 Motion. (Attachments: #1 Declaration of James J. Oh, #2 Proposed Order)(Oh, James) Modified on 12/18/2020 (Mena-Sanchez, L). |
Filing 110 MOTION to Schedule a Telephonic Status and Case Management Conference by Nationwide Mutual Insurance Company. Motion Hearing set for 2/9/2021 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Oh, James) |
Filing 109 ORDER signed by Magistrate Judge Allison Claire on 9/22/2020 GRANTING #106 Motion for Protective Order. (Zignago, K.) |
Filing 108 JOINT STATEMENT Regarding Discovery Dispute by Anthony Marc Mostajo, Elaine Quedens. (Workman, Robin) Modified on 9/17/2020 (Coll, A). |
Filing 107 MINUTE ORDER: Issued by the Courtroom Deputy to the Honorable Allison Claire, U.S. Magistrate Judge. Re #106 . The hearing on the motion now calendared for Wednesday, September 23, 2020 is ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. As ordered by Magistrate Judge Allison Claire on 8/31/2020.(Text Only)(Callen, V) |
Filing 106 NOTICE of MOTION for PROTECTIVE ORDER by Anthony Marc Mostajo, Elaine Quedens. Motion Hearing set for 9/23/2020 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Workman, Robin) Modified on 9/1/2020 (Zignago, K.). |
Filing 105 ORDER signed by District Judge John A. Mendez on 5/20/2020 ORDERING that Corrective Notice of this action shall be given by RG/2 Claims Administration, LLC, whom the Court previously appointed as claims administrator, to all Class Members in the form submitted by the Parties at Exhibits A and B to the Stipulation; RG/2 Claims Administration, LLC shall send out the Corrective Notices within ten (10) days of receipt of the Corrective Notices from the Parties; and All Class Members shall have 45 days after the mailing of the Corrective Notices to opt-out of the class action or rescind a previously submitted request for exclusion. (Mena-Sanchez, L) |
Filing 104 PROPOSED ORDER re Corrective Notice of Pendency of Class Action Lawsuit re #103 Stipulation and Proposed Order by Nationwide Mutual Insurance Company. (Oh, James) |
Filing 103 STIPULATION and PROPOSED ORDER for Corrective Notice of Pendency of Class Action Lawsuit by Nationwide Mutual Insurance Company. (Attachments: #1 Exhibit A - Corrective Notice, #2 Exhibit B - Corrective Notice)(Oh, James) |
Filing 102 USCA ORDER DENYING #100 Permission to Appeal re USCA # 20-80050. (Tupolo, A) |
Filing 101 USCA CASE NUMBER 20-80050 for #100 Notice of Petition for Permission to Appeal Pursuant to Fed. R. Civ. P. 23(f). (York, M) |
Filing 100 NOTICE of PETITION for PERMISSION to APPEAL Pursuant to Fed. R. Civ. P. 23(f) by Nationwide Mutual Insurance Company as to #96 Order Granting Motion to Certify Class. (Oh, James) Modified on 3/16/2020 (York, M). |
Filing 99 USCA CASE NUMBER 20-80050 re: Petition for Permission to Appeal Pursuant to Rule 23(f) filed by Nationwide Mutual Insurance Company on 03/10/2020. (York, M) |
Filing 98 TRANSCRIPT of Proceedings Motion for class certification hearing held on 2/25/20, before District Judge John A. Mendez, filed by Jennifer Coulthard, Phone number 312-617-9858 E-mail jenrmrcrr2@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 3/19/2020. Redacted Transcript Deadline set for 3/30/2020. Release of Transcript Restriction set for 5/29/2020. (Dunn-Coulthard, J) |
Filing 97 TRANSCRIPT REQUEST by Anthony Marc Mostajo, Elaine Quedens for proceedings held on 2/25/2020 before Judge John A. Mendez. Court Reporter Jennifer Coulthard. (Workman, Robin) |
Filing 96 ORDER signed by District Judge John A. Mendez on 2/25/2020 GRANTING #63 Motion to Certify Class. (Zignago, K.) |
Filing 95 TRANSCRIPT REQUEST by Nationwide Mutual Insurance Company for proceedings held on 02/25/2020 before Judge John A. Mendez. Court Reporter Jennifer Coulthard. (Oh, James) |
Filing 94 MINUTES (Text Only) for proceedings before District Judge John A. Mendez: MOTION HEARING held on 2/25/2020 ; Motions terminated: #63 Motion to Cerify Class filed by Elaine Quedens, Anthony Marc Mostajo, #80 Motion to Strike filed by Nationwide Mutual Insurance Company ; GRANTING #63 Motion to Certify Class; DENYING #80 Motion to Strike. Plaintiffs Counsel R. Workman present. Defendants Counsel J. Oh; K. Barrett present. Court Reporter: J. Coulthard. (Vine, H) |
Filing 93 NOTICE of ERRATA by Nationwide Mutual Insurance Company re #82 Opposition to Motion. (Attachments: #1 Declaration)(Oh, James) Modified on 2/20/2020 (York, M). |
Filing 92 NOTICE of REQUEST for EXTENDED ORAL ARGUMENT re Hearing on #63 Motion for Class Certification by Nationwide Mutual Insurance Company. (Oh, James) Modified on 2/20/2020 (York, M). |
Filing 91 SEALED EVENT (Attachments: #1 part 2, #2 part 3, #3 part 4, #4 part 5, #5 part 6, #6 part 7, #7 part 8, #8 part 9, #9 part 10) (Benson, A.) |
Filing 90 ORDER signed by District Judge John A. Mendez on 02/19/20 GRANTING #89 Notice of Request to Seal Documents. The unredacted version of the Workman Reply Decl. and the exhibits thereto, SHALL BE SEALED for the duration of the litigation and cannot be unsealed without subsequent order from this Court. (Benson, A.) |
Filing 89 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by All Plaintiffs. (Davey, Rachel) |
Filing 88 OPPOSITION by Anthony Marc Mostajo, Elaine Quedens to #80 Motion to Strike. (Attachments: #1 Declaration, #2 Exhibits A-D)(Workman, Robin) Modified on 2/19/2020 (York, M). |
Filing 87 REPLY by Anthony Marc Mostajo, Elaine Quedens in SUPPORT of #63 Motion to Certify Class. (Attachments: #1 Objections to Evidence, #2 Declaration, #3 Redacted Exhibits 1-77, #4 Notice of Request to Seal)(Workman, Robin) Modified on 2/19/2020 (York, M). |
Filing 86 MINUTE ORDER: The parties are hereby notified that the hearings set for February 11, 2020 on plaintiffs motion to certify #63 and defendants motion to strike #80 are ordered reset to February 25, 2020 at 1:30 p.m. (TEXT ENTRY ONLY) (Vine, H) |
Filing 85 SEALED EVENT (Attachments: #1 part 2, #2 part 3, #3 part 4, #4 part 5, #5 part 6, #6 part 7, #7 part 8, #8 part 9, #9 part 10, #10 part 11, #11 part 12, #12 part 13, #13 part 14, #14 part 15, #15 part 16, #16 part 17, #17 part 18, #18 part 19, #19 part 20, #20 part 21, #21 part 22) (Donati, J) |
Filing 84 ORDER signed by District Judge John A. Mendez on 1/30/2020 GRANTING #83 Request to Seal Document(s) filed by Nationwide Mutual Insurance Company. (Donati, J) |
Filing 83 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Nationwide Mutual Insurance Company. (DeCamp, Paul) |
Filing 82 OPPOSITION by Nationwide Mutual Insurance Company to #63 Motion to Certify Class. (Attachments: #1 Compendium of Evidence Volume 1, #2 Compendium of Evidence Volume 2, #3 Compendium of Evidence Volume 3, #4 Compendium of Evidence Volume 4, #5 Compendium of Evidence Volume 5)(DeCamp, Paul) Modified on 1/28/2020 (Kaminski, H). |
Filing 81 MEMORANDUM by Nationwide Mutual Insurance Company in SUPPORT of #80 Motion to Strike. (Attachments: #1 Exhibit A - Excerpts from the Deposition of Jon A. Krosnick)(DeCamp, Paul) Modified on 1/28/2020 (Kaminski, H). |
Filing 80 MOTION to STRIKE Expert Report of Jon A. Krosnick by Nationwide Mutual Insurance Company. Motion Hearing set for 2/11/2020 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (DeCamp, Paul) Modified on 1/28/2020 (Kaminski, H). |
Filing 79 NOTICE of ERRATA by Anthony Marc Mostajo, Elaine Quedens re #63 Motion to Cerify Class.. (Attachments: #1 Declaration of Robin G. Workman)(Workman, Robin) |
Filing 78 ANSWER to third amended complaint #77 by Nationwide Mutual Insurance Company.(Oh, James) Modified on 1/7/2020 (Reader, L). |
Filing 77 THIRD AMENDED COMPLAINT against Nationwide Mutual Insurance Company by Anthony Marc Mostajo, Elaine Quedens.(Workman, Robin) |
Filing 76 MINUTE ORDER: On November 12, 2019, Plaintiffs filed a Motion to Amend their amended complaint. ECF No. 64. Defendant did not file an opposition to this motion. Plaintiffs motion is therefore GRANTED. Plaintiffs shall file their Amended Complaint within ten days of this Order. Defendants responsive pleading shall be filed within twenty days thereafter. IT IS SO ORDERED. (TEXT ENTRY ONLY) (Vine, H) |
Filing 75 MINUTE ORDER: (Text Only). The court conducted a telephonic mid-deposition conference with the parties. James Oh and Kathleen Barrett appeared on behalf of defendant Nationwide; Robin Workman appeared in behalf of plaintiffs and the deponent. Following discussion, the court ruled as follows: (1) as to this deponent as without establishing a precedent for discovery in this case, the two hours spent reviewing documents will not count against the 7-hour deposition limit; (2) objections are limited to those based on privilege and form of the question; other objections will not be waived; (3) the deponent may refuse to answer on grounds of privilege, subject to a future motion to compel. (Callen, V) |
Filing 74 MINUTE ORDER: The hearing on the motion(s) now calendared for December 10, 2019 is/are ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (TEXT ENTRY ONLY) (Vine, H) |
Filing 73 NOTICE of APPEARANCE by Paul DeCamp on behalf of Nationwide Mutual Insurance Company. Attorney DeCamp, Paul added. (DeCamp, Paul) |
Filing 72 MINUTE ORDER: On November 15, 2019, Defendant filed an ex parte application to continue the hearing on Plaintiffs Motion for Class Certification. ECF No. 69. Plaintiffs opposed Defendants application, ECF No. 70, and Defendant replied, ECF No. 71. Having read and considered the parties arguments, the Court CONTINUES the hearing on Plaintiffs Motion for Class Certification, ECF No. 63, to February 11, 2020 at 1:30 p.m.. Furthermore, if the parties agree upon a proposed scheduling order or have stipulated to allowing amendment of Plaintiffs complaint, they should indicate as much by filing a joint statement with the Court. IT IS SO ORDERED. (TEXT ENTRY ONLY) (Vine, H) |
Filing 71 REPLY by Nationwide Mutual Insurance Company in SUPPORT of #69 Ex Parte Application. (Oh, James) Modified on 11/19/2019 (York, M). |
Filing 70 OPPOSITION by Plaintiffs Anthony Marc Mostajo, Elaine Quedens to #69 Ex Parte Application. Attorney Davey, Rachel Elizabeth added. (Attachments: #1 Declaration, #2 Exhibits A-B)(Davey, Rachel) Modified on 11/19/2019 (York, M). |
Filing 69 AMENDED #68 EX PARTE APPLICATION by Nationwide Mutual Insurance Company for to Continue Hearing on #63 Motion for Class Certification. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Oh, James) Modified on 11/18/2019 (York, M). |
Filing 68 (DISREGARD; REFER TO AMENDED FILING AT ECF NO. #69 ) EX PARTE APPLICATION by Nationwide Mutual Insurance Company for to Continue Hearing Date on Plaintiffs' Motion for Class Certification. (Attachments: #1 Exhibit 1)(Oh, James) Modified on 11/18/2019 (York, M). |
Filing 66 ORDER signed by District Judge John A. Mendez on 11/13/2019 GRANTING #63 Request to Seal. The unredacted version of the Workman Declaration, and the exhibits thereto; the Mostajo Declaration, and the exhibits thereto; and Quedens Declaration, and the exhibits thereto, shall be SEALED for the duration of the litigation and cannot be unsealed without subsequent order from this Court. (Huang, H) |
Filing 67 SEALED EVENT. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5) (Huang, H) |
Filing 65 MEMORANDUM by Anthony Marc Mostajo, Elaine Quedens in SUPPORT of #63 Motion to Certify Class. (Workman, Robin) |
Filing 64 MOTION to AMEND the #23 Amended Complaint by Anthony Marc Mostajo, Elaine Quedens. Motion Hearing set for 12/10/2019 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Points and Authorities)(Workman, Robin) |
Filing 63 MOTION to CERTIFY CLASS by Anthony Marc Mostajo, Elaine Quedens. Motion Hearing set for 12/10/2019 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Points and Authorities, #2 Compendium of Exhibits Vol 1, #3 Compendium of Exhibits Vol 2, #4 Proposed Order, #5 Notice of Request to Seal)(Workman, Robin) Modified on 11/13/2019 (Kastilahn, A). |
Filing 62 ORDER of USCA - Respondents' and Petitioner's unopposed motions to take judicial notice are granted. The petition for permission to appeal pursuant to 28 U.S.C. 1292(b) is denied. (Becknal, R) |
Filing 61 USCA CASE NUMBER 19-80038 re: Petition for Permission to Appeal Pursuant to Rule 1292(b). (York, M) |
Filing 60 PRO HAC VICE ORDER signed by District Judge John A. Mendez on 3/27/2019 ORDERING attorney Amardeep K. Bharj added for Nationwide Mutual Insurance Company. (Zignago, K.) |
Filing 59 PRO HAC VICE ORDER signed by District Judge John A. Mendez on 3/27/2019 ORDERING attorney Kathleen A. Barrett added for Nationwide Mutual Insurance Company. (Zignago, K.) |
Filing 58 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Nationwide Mutual Insurance Company for attorney Kathleen Barrett to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8181686) (Blackburn, Steven) |
Filing 57 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Nationwide Mutual Insurance Company for attorney Amardeep Bharj to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8181313) (Blackburn, Steven) |
RECEIPT number #CAE200097021 $400.00 by Workman Law Firm, PC on 3/26/2019 per #56 Order for Sanctions. (Benson, A.) |
Filing 56 ORDER signed by District Judge John A. Mendez on 3/21/2019 GRANTED IN PART and DENYING IN PART defendant's #49 Motion for Reconsideration and CERTIFIES its 11/14/2018 #48 Order for interlocutory appeal. Plaintiffs' counsel ORDERED to pay sanctions in the amount of $400 to the Clerk of the Court within five days of the date of this Order. (Zignago, K.) |
Filing 55 MINUTE ORDER: The hearing on the motion(s) now calendared for February 19, 2019 is/are ordered submitted without appearance and without argument pursuant to Local Rule 230(g).If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (TEXT ENTRY ONLY) (Vine, H) |
Filing 54 REPLY in support of #49 Motion for Reconsideration by Nationwide Mutual Insurance Company. (Srsic, Daniel) Modified on 2/13/2019 (Huang, H). |
Filing 53 NOTICE of CHANGE of ADDRESS by James J. Oh, PHV. (Oh, James) |
Filing 52 ORDER signed by District Judge John A. Mendez on 2/5/19 SUBSTITUTING ATTORNEY. Added attorney Steven Ralph Blackburn for Nationwide Mutual Insurance Company. Attorneys Michael J. Hui; Richard H Rahm; Britney Noelle Torres; Barbara Allyn Blackburn and Kai-Ching Cha terminated. (Coll, A) |
Filing 51 OPPOSITION by Anthony Marc Mostajo, Elaine Quedens to #49 Motion for Reconsideration. (Attachments: #1 Request for Judicial Notice)(Workman, Robin) |
Filing 50 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Nationwide Mutual Insurance Company. (Blackburn, Steven) |
Filing 49 MOTION for RECONSIDERATION re #48 Order by Nationwide Mutual Insurance Company. Motion Hearing set for 2/19/2019 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Memorandum of Points and Authorities)(Srsic, PHV, Daniel) Modified on 2/8/2019 (Benson, A.). |
Filing 48 ORDER signed by District Judge John A. Mendez on 11/13/18 GRANTING #29 Motion for Partial Summary Judgment and DENYING #39 Cross-Motion for Partial Summary Judgment. (Coll, A) |
Filing 47 MINUTE ORDER issued by Relief Courtroom Deputy G. Michel for District Judge John A. Mendez on 9/26/2018: The hearing on the motions now calendared for October 2, 2018 are ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (TEXT ENTRY ONLY) (Michel, G.) |
Filing 46 REPLY by Nationwide Mutual Insurance Company to RESPONSE to #29 Motion for Partial Summary Judgment. (Attachments: #1 Objection to Supplemental Declaration of Robin G. Workman, #2 Supplemental Request for Judicial Notice, #3 Exhibit G to Supplemental Request for Judicial Notice, #4 Exhibit H to Supplemental Request for Judicial Notice)(Srsic, PHV, Daniel) |
Filing 45 REPLY by Anthony Marc Mostajo, Elaine Quedens to response to #29 Motion for Partial Summary Judgment. (Attachments: #1 Objections to Evidence, #2 Request for Judicial Notice, #3 Exhibits A & B, #4 Separate Statement, #5 Declaration of Robin G. Workman, #6 Exhibits A-G)(Workman, Robin) Modified on 9/19/2018 (Zignago, K.). |
Filing 44 SEALED EVENT (Benson, A.) |
Filing 43 SEALED EVENT (Benson, A.) |
Filing 42 SEALED EVENT (Benson, A.) |
Filing 41 SEALED EVENT (Benson, A.) |
Filing 40 ORDER signed by District Judge John A. Mendez on 09/05/18 GRANTING Request to Seal. (Benson, A.) |
Filing 39 OPPOSITION by Nationwide Mutual Insurance Company to #29 Motion for Partial Summary Judgment. (Attachments: #1 Notice Of Motion And Cross-Motion For Partial Summary Judgment, #2 Declaration Of Robert Watts, #3 Declaration Of Jennifer Kemp, #4 Declaration Of Daniel Srsic, #5 Opposition To Separate Statement Of Undisputed Material Facts, #6 Statement Of Undisputed Facts, #7 Objection To Evidence Submitted, #8 Request For Judicial Notice, #9 Notice Of Request To Seal Confidential Documents, #10 Memorandum Of Points And Authorities)(Srsic, Daniel) Modified on 9/5/2018 (Reader, L). |
Filing 38 MINUTE ORDER: On August 15, 2018, Defendant Nationwide Mutual Insurance Company filed an Ex Parte Application to Continue the Hearing on Plaintiffs Motion for Partial Summary Judgment. ECF No. 35. Plaintiffs oppose the application. ECF No. 37. Having read and considered the papers, the Court GRANTS Defendants request, VACATES the September 18, 2018 hearing date, schedules the motion for hearing on October 2, 2018 at 1:30 p.m. Counsel are also advised to stop attempting to argue the merits of this case in purely procedural motions. The Court found most of the information contained in this ex parte motion, opposition, and declarations in support thereof to be irrelevant and unnecessary. The Court will not impose sanctions but expects counsel to be more succinct should similar procedural motions be brought in the future. IT IS SO ORDERED. (TEXT ENTRY ONLY)(Vine, H) |
Filing 37 OPPOSITION by Plaintiffs Anthony Marc Mostajo, Elaine Quedens to #35 Ex Parte Application. (Attachments: #1 Declaration of Robin G. Workman)(Workman, Robin) |
Filing 36 NOTICE of APPEARANCE by Daniel W. Srsic, PHV on behalf of Nationwide Mutual Insurance Company. (Srsic, PHV, Daniel) |
Filing 35 EX PARTE APPLICATION by Nationwide Mutual Insurance Company for Continuance of Hearing on Plaintiffs' Motion for Partial Summary Judgment. (Attachments: #1 Declaration, #2 Proposed Order)(Cha, Kai-Ching) Modified on 8/17/2018 (Washington, S). |
Filing 34 MINUTE ORDER: On August 10, 2018, Defendant Nationwide Mutual Insurance Company filed a Fourth Updated Joint Status Report. ECF No. 33. In response to Defendants first question within the Status Report, the Court responds that a party may choose to file an opposition to a motion for summary judgment or file a cross-motion for summary judgment, in accordance with the Courts order regarding filing requirements. The Court does not limit parties to filing a single summary judgment motion, so long as such motions are filed/heard prior to the dispositive motion deadline. In response to the parties second question, the Court DENIES the parties request that the September 18, 2018 hearing date be moved to September 25, 2018 because the latter date is unavailable. IT IS SO ORDERED. (TEXT ENTRY ONLY) (Vine, H) |
Filing 33 JOINT STATUS REPORT by Nationwide Mutual Insurance Company. (Cha, Kai-Ching) |
Filing 32 PRO HAC VICE ORDER signed by District Judge John A. Mendez on 8/9/2018 ORDERING attorney Daniel W. Srsic, PHV, added for Nationwide Mutual Insurance Company. (Zignago, K.) |
Filing 31 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Nationwide Mutual Insurance Company for attorney Daniel Wayne Srsic to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7803797) (Attachments: #1 Affidavit Certificate of Good Standing)(Blackburn, Barbara) |
Filing 30 ORDER signed by District Judge John A. Mendez on 8/8/2018 GRANTING plaintiffs' request to seal. The unredacted version of the Workman Decl. and the exhibits shall be SEALED until further order of this Court. (Zignago, K.) |
Filing 29 MOTION FOR PARTIAL SUMMARY JUDGMENT by Anthony Marc Mostajo, Elaine Quedens. Motion Hearing set for 9/18/2018 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Memorandum of Points and Authorities, #2 Separate Statement of Undispted Facts, #3 Request for Judicial Notice, #4 Declaration of Robin G. Workman, #5 Redacted Exhibits A-U, #6 Declaration of Anthony Marc Mostajo, #7 Declaration of Elaine Quedens, #8 Notice of Request to Seal Documents)(Workman, Robin) |
Filing 28 MINUTE ORDER: GOOD CAUSE APPEARING, the parties shall file an updated joint status report on or before August 10, 2018. (TEXT ENTRY ONLY) (Vine, H) |
Filing 27 JOINT STATUS REPORT by Nationwide Mutual Insurance Company. (Cha, Kai-Ching) |
Filing 26 ANSWER by Nationwide Mutual Insurance Company.(Cha, Kai-Ching) |
Filing 25 ORDER signed by District Judge John A. Mendez on 3/23/2018 ORDERING that the deadline to file the Third Updated Joint Status Report shall be EXTENDED to 4/6/2018. (Reader, L) |
Filing 24 STIPULATION and PROPOSED ORDER for Extension of Time To File Third Updated Joint Status Report by Nationwide Mutual Insurance Company. (Hui, Michael) |
Filing 23 SECOND AMENDED COMPLAINT against Nationwide Mutual Insurance Company by Anthony Marc Mostajo, Elaine Quedens.(Workman, Robin) |
Filing 22 STIPULATION and ORDER signed by District Judge John A. Mendez on 2/13/2018 GRANTING leave to file Second Amended Complaint. (Zignago, K.) |
Filing 21 STIPULATION and PROPOSED ORDER for Leave to File Second Amended Complaint (With Exhibit A) by Anthony Marc Mostajo, Elaine Quedens. (Workman, Robin) Modified on 2/14/2018 (Hunt, G). |
Filing 20 STIPULATION and PROPOSED ORDER for Leave to File Second Amended Complaint by Anthony Marc Mostajo, Elaine Quedens. (Workman, Robin) Modified on 2/14/2018 (Hunt, G). |
Filing 19 MINUTE ORDER: GOOD CAUSE APPEARING, the parties shall file an updated joint status report on or before March 23, 2018. (TEXT ENTRY ONLY) (Vine, H) |
Filing 18 SECOND UPDATED JOINT STATUS REPORT by Nationwide Mutual Insurance Company. (Cha, Kai-Ching) |
Filing 17 MINUTE ORDER: GOOD CAUSE APPEARING, the parties shall file an updated joint status report on or before November 15, 2017. (TEXT ENTRY ONLY) (Vine, H) |
Filing 16 UPDATED JOINT STATUS REPORT by Nationwide Mutual Insurance Company. (Cha, Kai-Ching) |
Filing 15 NOTICE of APPEARANCE by James J Oh, PHV on behalf of Nationwide Mutual Insurance Company. (Oh, James) |
Filing 14 PRO HAC VICE ORDER adding Attorney James J Oh, PHV for Nationwide Mutual Insurance Company, signed by District Judge John A. Mendez on 8/3/17. (Kastilahn, A) |
Filing 13 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Nationwide Mutual Insurance Company for attorney James J. Oh to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7191508) (Cha, Kai-Ching) |
Filing 12 STIPULATED PROTECTIVE ORDER signed by District Judge John A. Mendez on 6/21/17. (Mena-Sanchez, L) |
Filing 11 STIPULATION and PROPOSED ORDER for / Protective Order and FRE 502(D) and (E) Clawback Order by Nationwide Mutual Insurance Company. (Cha, Kai-Ching) |
Filing 10 MINUTE ORDER: re #9 Status Report - GOOD CAUSE APPEARING, the parties shall file an updated joint status report on or before August 18, 2017. (TEXT ENTRY ONLY) (Vine, H) |
Filing 9 JOINT STATUS REPORT by Nationwide Mutual Insurance Company. (Cha, Kai-Ching) |
Filing 8 STIPULATION and ORDER signed by District Judge John A. Mendez on 04/17/17 ORDERING that the deadline to file the Joint Status Report is EXTENDED to 04/21/17. (Benson, A) |
Filing 7 NOTICE of APPEARANCE by Michael J. Hui on behalf of Nationwide Mutual Insurance Company. Attorney Hui, Michael J. added. (Hui, Michael) |
Filing 6 STIPULATION and PROPOSED ORDER for Extension of Time to File Joint Status Report by Nationwide Mutual Insurance Company. (Cha, Kai-Ching) |
Filing 5 NOTICE of APPEARANCE by Kai-Ching Cha on behalf of Nationwide Mutual Insurance Company. Attorney Cha, Kai-Ching added. (Cha, Kai-Ching) |
Filing 4 NOTICE of APPEARANCE by Richard H Rahm on behalf of Nationwide Mutual Insurance Company. Attorney Rahm, Richard H added. (Rahm, Richard) |
Filing 3 CERTIFICATE of SERVICE by Nationwide Mutual Insurance Company re #2 Civil New Case Documents for JAM. (Blackburn, Barbara) |
Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Kaminski, H) |
Filing 1 NOTICE of REMOVAL from Sacramento County Superior Court, case number 34-2017-00206005 by Nationwide Mutual Insurance Company. (Filing fee $ 400, receipt number 0972-6918635) (Attachments: #1 Civil Cover Sheet, #2 Declaration of Robert M. Watts, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Declaration of Kevin Jones, #8 Exhibit 1, #9 Exhibit 2, #10 Exhibit 3, #11 Exhibit 4, #12 Declaration of Kathryn Van Dixhorn, Ph.D., #13 Exhibit A, #14 Exhibit B, #15 Proof of Service)(Blackburn, Barbara) Modified on 2/17/2017 (Reader, L). |
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