Indus Ins. Agency, Inc. et al v. Nationwide Mutual Ins. Co., et al
| Indus Insurance Agency, Inc. and Averwood Insurance Services, Inc. |
| Nationwide Mutual Insurance Company, Nationwide Insurance Company of America, Nationwide Mutual Capital, LLC and Nationwide Mutual Fire Insurance Company |
| 2:2022cv02022 |
| November 8, 2022 |
| US District Court for the Eastern District of California |
| John A Mendez |
| Jeremy D Peterson |
| Contract: Other |
| 28 U.S.C. § 1441 Petition For Removal--Other Contract |
| None |
Docket Report
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Filing 40
ORDER signed by Senior Judge John A. Mendez on 4/5/2023 GRANTING #21 Motion to Stay. The proceedings between Plaintiff Indus and Defendants will be STAYED pending the outcome of the arbitration proceeding between Plaintiff Averwood and Defendants. The parties shall file a joint status report with the Court within ten days of the completion of the Averwood-Nationwide arbitration. (Mena-Sanchez, L)
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Filing 39
ORDER signed by Senior Judge John A. Mendez on 4/5/2023 GRANTING #20 Motion to Compel. The Court ORDERS the parties to proceed to arbitration, pursuant to the terms of the parties' contract. The parties are directed to file a joint status report with the Court within ten days of the conclusion of arbitration. Plaintiff Averwood's claims are DISMISSED WITHOUT PREJUDICE. The Court ORDERS Defendants' counsel to pay $300.00 to the Clerk for the Eastern District of California no later than seven days from the date of this Order. (Mena-Sanchez, L) Modified on 4/6/2023 (Mena-Sanchez, L).
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| RECEIPT number #200000248 $300.00 fbo Ali I. Haque and Victoria Weatherford on 04/06/23 per #39 Order. (Licea Chavez, V) |
| Filing 38 MINUTE ORDER issued by Courtroom Deputy G. Michel for Senior Judge John A. Mendez on 2/6/2023: The motions now calendared for 2/14/2023 are SUBMITTED without appearance and without oral argument pursuant to Local Rule 230(g). As such, the hearing on said motions is VACATED. If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 37 MINUTES for proceedings held before Senior Judge John A. Mendez: MOTION HEARING held on 1/24/2023. M. Hopkins appeared for Plaintiffs. A. Haque and V. Weatherford appeared for Defendants. The Court DENIED Plaintiffs' #15 Motion to Remand. Court Reporter: K. Bennett. [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 36 NOTICE of APPEARANCE by Michael Conner Hopkins on behalf of Averwood Insurance Services, Inc., Indus Insurance Agency, Inc.. Attorney Hopkins, Michael Conner added. (Hopkins, Michael) |
| Filing 35 (DISREGARD and REFER to #36 Notice of Appearance) NOTICE of APPEARANCE by Michael E. Chase on behalf of Averwood Insurance Services, Inc., Indus Insurance Agency, Inc.. (Chase, Michael) Modified on 1/23/2023 (Kastilahn, A). |
| Filing 34 REPLY by Nationwide Insurance Company of America, et al., Nationwide to #32 RESPONSE to #21 Motion to Stay. (Weatherford, Victoria) Modified on 1/19/2023 (Kastilahn, A). |
| Filing 33 REPLY by Nationwide Insurance Company of America, et al., to #31 Response to #20 Motion to Compel. (Weatherford, Victoria) Modified on 1/19/2023 (Kastilahn, A). |
| Filing 32 OPPOSITION by all Plaintiffs to #21 Motion to Stay. (Chase, Michael) |
| Filing 31 OPPOSITION by all Plaintiffs to #20 Motion to Compel. (Chase, Michael) |
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Filing 30
STIPULATION and ORDER signed by Senior Judge John A. Mendez on 01/03/2023 RESETTING the parties' deadline to confer and submit a joint status report from 1/09/2023 to within 30 days following the resolution of the #15 Motion to Remand, #20 Motion to Compel Arbitration and #21 Motion to Stay. (Spichka, K.)
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| Filing 29 REPLY by Averwood Insurance Services, Inc., Indus Insurance Agency, Inc. in support of #15 Motion to Remand. (Chase, Michael) Modified on 1/4/2023 (Coll, A). |
| Filing 28 STIPULATION and PROPOSED ORDER for Continuing Meet and Confer and Filing of Joint Status Report by Averwood Insurance Services, Inc., Indus Insurance Agency, Inc. (Attachments: #1 Proposed Order)(Chase, Michael) Modified on 12/29/2022 (Coll, A). |
| Filing 27 NOTICE TO RESCHEDULE HEARING on #21 Motion to Stay: Motion Hearing RESET for 2/14/2023 at 1:30 PM in Courtroom 6 before Senior Judge John A. Mendez. (Weatherford, Victoria) |
| Filing 26 NOTICE TO RESCHEDULE HEARING on #20 Motion to Compel: Motion Hearing RESET for 2/14/2023 at 1:30 PM in Courtroom 6 before Senior Judge John A. Mendez. (Weatherford, Victoria) |
| Filing 25 ANSWER by Nationwide Insurance Company of America et al.(Weatherford, Victoria) |
| Filing 24 OPPOSITION by Nationwide Insurance Company of America et al to #15 Motion to Remand. (Attachments: #1 Declaration of Benjamin P. Wilhelm)(Weatherford, Victoria) Modified on 12/27/2022 (Coll, A). |
| Filing 23 MINUTE ORDER issued by Courtroom Deputy E. Argento for Senior Judge John A. Mendez on 12/23/2022: Defendants' #21 Motion to Stay is noticed for hearing on a date not designated for the Court's civil law and motion calendar. Consequently, the hearing set for 2/7/2023 is VACATED. Counsel shall contact Gabriel Michel, Courtroom Deputy for District Judge John A. Mendez, via email to obtain an available date to re-notice the motion for hearing. Mr. Michel can be reached at: gmichel@caed.uscourts.gov. [TEXT ENTRY ONLY] (Argento, E.) |
| Filing 22 MINUTE ORDER issued by Courtroom Deputy E. Argento for Senior Judge John A. Mendez on 12/23/2022: Defendants' #20 Motion to Compel is noticed for hearing on a date not designated for the Court's civil law and motion calendar. Consequently, the hearing set for 2/7/2023 is VACATED. Counsel shall contact Gabriel Michel, Courtroom Deputy for District Judge John A. Mendez, via email to obtain an available date to re-notice the motion for hearing. Mr. Michel can be reached at: gmichel@caed.uscourts.gov. [TEXT ENTRY ONLY] (Argento, E.) |
| Filing 21 MOTION to STAY by Nationwide Insurance Company of America et al. Motion Hearing set for 2/7/2023 at 01:30 PM in Courtroom 6 (JAM) before Senior Judge John A. Mendez. (Attachments: #1 Declaration of Victoria L. Weatherford, #2 Proposed Order)(Weatherford, Victoria) Modified on 12/27/2022 (Coll, A). |
| Filing 20 MOTION to COMPEL ARBITRATION and DISMISS Averwood's Claims Without Prejudice by Nationwide Insurance Company of America et al. Motion Hearing set for 2/7/2023 at 01:30 PM in Courtroom 6 (JAM) before Senior Judge John A. Mendez. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Victoria L. Weatherford, #3 Proposed Order)(Weatherford, Victoria) Modified on 12/27/2022 (Coll, A). |
| Filing 19 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Chase, Michael) |
| Filing 18 CORPORATE DISCLOSURE STATEMENT by Plaintiffs Averwood Insurance Services, Inc., Indus Insurance Agency, Inc.. (Chase, Michael) |
| Filing 17 MINUTE ORDER issued by Courtroom Deputy G. Michel for Senior Judge John A. Mendez on 12/13/2022: The Court cannot accommodate Plaintiffs' requested expedited briefing and hearing. Accordingly, Plaintiffs' Motion to Shorten Time at ECF No. #16 is DENIED. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 16 EX PARTE APPLICATION FOR AN ORDER TO SHORTEN TIME for Plaintiffs' Motion to Remand Case to California State Court by Averwood Insurance Services, Inc., Indus Insurance Agency, Inc.. (Attachments: #1 Declaration of Michael E. Chase, #2 Proposed Order)(Chase, Michael) Modified on 12/13/2022 (Kastilahn, A). |
| Filing 15 MOTION to REMAND Case to California State Court by Averwood Insurance Services, Inc., Indus Insurance Agency, Inc.. Motion Hearing set for 1/24/2023 at 01:30 PM in Courtroom 6 before Senior Judge John A. Mendez. (Attachments: #1 Notice of Motion and Motion to Remand, #2 Declaration of Muhammad Younas Malik, #3 Declaration of Nazia Iqbal, #4 Proposed Order)(Chase, Michael) Modified on 12/13/2022 (Kastilahn, A). |
| Filing 14 MINUTE ORDER issued by Courtroom Deputy G. Michel for Senior Judge John A. Mendez on 12/9/2022: Plaintiffs filed an Ex Parte Application to Shorten Time, ECF No. #13 . A motion must be filed and properly noticed for hearing before parties may request a change to the briefing schedule. Accordingly, Plaintiffs' Ex Parte Application to Shorten Time is DISMISSED without prejudice for refiling. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 13 EX PARTE APPLICATION by Averwood Insurance Services, Inc., Indus Insurance Agency, Inc. for an Order Shortening Time. (Attachments: #1 Declaration of Michael E. Chase, #2 Proposed Order )(Chase, Michael) Modified on 12/12/2022 (Kastilahn, A). |
| Filing 12 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Weatherford, Victoria) |
| Filing 11 MINUTE ORDER issued by Courtroom Deputy G. Michel for Senior Judge John A. Mendez on 11/28/2022: Plaintiffs seek a temporary restraining order ("TRO") preventing Defendants from terminating Plaintiffs' agency contracts with Defendant (ECF No. #3 ). Plaintiffs' application for a TRO is opposed by Defendants (ECF No. #7 ). After careful consideration of the parties' legal arguments, the Court DENIES Plaintiffs' TRO application. Procedurally, Plaintiffs' application for a TRO fails to comply with the Court's Local Rules. See Boutros v. Tan, No. 2:13-cv-1306-MCE-CKD, 2013 WL 3338660 (E.D. Cal. July 1, 2013) (denying a TRO for failure to complete the TRO checklist and failure to provide the necessary documents to the Court in compliance with Local Rule 231(c)). Here, as in Boutros, Plaintiffs failed to fill out and attach the Court's TRO checklist. In addition, Plaintiffs' proposed order fails to include a provision for bond or notification required by Local Rule 231(c)(6),(8).The Court also finds that Plaintiffs' unduly delayed in seeking injunctive relief and denies Plaintiffs' TRO application on this ground as well. See Occupy Sacramento v. City of Sacramento, 2:11-cv-2873-MCE, 2011 U.S. Dist. LEXIS 128218, 2011 WL 5374748 (E.D. Cal. Nov. 4, 2011) (denying application for TRO for 25 day delay). At the latest, Plaintiffs knew as of October 10, 2022, that Defendant had no intention of rescinding its cancellation letters. Plaintiffs waited 28 days before filing their TRO application. Under the circumstances here, the Court finds that a delay of 28 days constitutes an "undue delay" under Local Rule 231(b).Defendants also raise several other reasons why Plaintiffs' TRO application should be denied on substantive grounds. The Court need not reach those arguments at this time given its denial on procedural grounds. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) |
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Filing 10
ORDER signed by Senior Judge John A. Mendez on 11/22/2022 GRANTING #9 Application for Pro Hac Vice. Added attorney Ali I. Haque for Nationwide Insurance Company of America, Nationwide Mutual Capital, LLC, Nationwide Mutual Fire Insurance Company, and Nationwide Mutual Insurance Company. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Perdue, C.)
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| Filing 9 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Nationwide Insurance Company of America, Nationwide Mutual Capital, LLC, Nationwide Mutual Fire Insurance Company, Nationwide Mutual Insurance Company for attorney Ali I. Haque to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10563150) (Weatherford, Victoria) |
| Filing 8 REPLY to #7 Opposition by Averwood Insurance Services, Inc., Indus Insurance Agency, Inc. (Attachments: #1 Declaration of Muhammad Younas Malik, #2 Declaration of Nazia Iqbal)(Chase, Michael) Modified on 11/22/2022 (Licea Chavez, V). |
| Filing 7 OPPOSITION by Nationwide Insurance Company of America et al,. to #3 Motion for Temporary Restraining Order. (Attachments: #1 Declaration of Victoria L. Weatherford, #2 Declaration Benjamin P. Wilhelm, #3 Notice Request for Judicial Notice, #4 Proof of Service Certificate of Service by Email)(Weatherford, Victoria) Modified on 11/21/2022 (Licea Chavez, V). |
| Filing 6 STIPULATION FOR EXTENSION OF TIME to respond to the Complaint by all defendants. (Weatherford, Victoria) |
| Filing 5 CERTIFICATE / PROOF of SERVICE by Nationwide Insurance Company of America, et al., re #2 Civil New Case Documents for JAM. (Weatherford, Victoria) Modified on 11/17/2022 (Benson, A.). |
| Filing 4 MINUTE ORDER issued by Courtroom Deputy G. Michel for Senior Judge John A. Mendez on 11/16/2022: Plaintiffs filed an Ex Parte Motion for a Temporary Restraining Order. ECF No. #3 . Defendants' opposition to the request for a Temporary Restraining Order shall be filed by Friday, November 18, 2022. Plaintiffs' reply if any shall be filed by Monday, November 21, 2022. The Court will decide the motion for the Temporary Restraining Order on the papers. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 3 EX PARTE APPLICATION for TEMPORARY RESTRAINING ORDER and for ORDER to SHOW CAUSE by Averwood Insurance Services, Inc., Indus Insurance Agency, Inc. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Michael E. Chase, #3 Declaration of Muhammad Younas Malik, #4 Declaration of Nazia Iqbal, #5 Proposed Order)(Chase, Michael) Modified on 11/16/2022 (Reader, L). |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Perdue, C.) |
| Filing 1 NOTICE of REMOVAL from Sacramento County Superior Court, case number 34-2022-00329389 by All Defendants. (Filing fee $ 402, receipt number ACAEDC-10540043) (Attachments: #1 Civil Cover Sheet, #2 Declaration of Victoria L. Weatherford, #3 Declaration of Benjamin P. Wilhelm , #4 Request for Judicial Notice, #5 Corporate Disclosure Statement, #6 Proof of Service)(Weatherford, Victoria) |
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