Abidog et al v. New York Life Insurance Company et al
| Gloria Leon, Virginia Teng, Grace Abidog, George Dirnu, Kiet Linh Ha, Gloria Najarro, Maryellen Rodriguez, Enrique Rodriguez, Sara Rodriguez, Wei Lan Teng, Jennifer Toy, Jack Wang, Shirley Win, Poleon Win, Johnny Wong, Cui Ting Yang and Jennifer Shuk Ming Yu |
| New York Life Insurance Company, NYLIFE Securities, LLC and Felix Chu |
| 4:2021cv06425 |
| August 19, 2021 |
| US District Court for the Northern District of California |
| Jacqueline Scott Corley |
| Haywood S Gilliam |
| Securities/Commodities |
| None |
Docket Report
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This docket was last retrieved on January 24, 2022. A more recent docket listing may be available from PACER.
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| Filing 43 Receipt of Remand Packet from San Francisco Superior Court. (ark, COURT STAFF) (Filed on 1/24/2022) |
| Filing 42 Remand Transmittal Letter (kmg, COURT STAFF) (Filed on 1/14/2022) |
Filing 41
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING #12 MOTION TO REMANDterminating docket nos. #35 ; #40 ; and #11 as moot. (ndr, COURT STAFF) (Filed on 11/22/2021)
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| Filing 40 ADMINISTRATIVE MOTION to Augment Request for Judicial Notice in Support of Defendants Motion to Dismiss (ECF No. 11-1), or, in the alternative, to Introduce a Statement of Recent Decision (LR 7-3(d)(2)) re #11 MOTION to Dismiss Amended Complaint filed by NYLIFE Securities, LLC, New York Life Insurance Company. Responses due by 11/22/2021. (Attachments: #1 Declaration of Andrew Azarmi ISO Defendants New York Life Insurance Company and NYLIFE Securities, LLCs Administrative Motion, #2 Proposed Order, #3 Certificate/Proof of Service)(Azarmi, Andrew) (Filed on 11/18/2021) |
| Filing 39 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Feldman, Jeffrey) (Filed on 11/18/2021) |
| Filing 38 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Agnetti, Melissa) (Filed on 11/18/2021) |
| Filing 37 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Azarmi, Andrew) (Filed on 11/18/2021) |
| Filing 36 OPPOSITION/RESPONSE (re #35 ADMINISTRATIVE MOTION To Stay Discovery and Vacate Deadlines ) filed byNYLIFE Securities, LLC, New York Life Insurance Company. (Attachments: #1 Declaration of Andrew Azarmi, #2 Proposed Order, #3 Certificate/Proof of Service)(Azarmi, Andrew) (Filed on 11/9/2021) |
| Filing 35 ADMINISTRATIVE MOTION To Stay Discovery and Vacate Deadlines filed by Grace Abidog, George Dirnu, Kiet Linh Ha, Gloria Leon, Enrique Rodriguez, Maryellen Rodriguez, Sara Rodriguez, Virginia Teng, Jennifer Toy, Jack Wang, Poleon Win, Shirley Win, Johnny Wong, Cui Ting Yang, Jennifer Shuk Ming Yu. Responses due by 11/9/2021. (Attachments: #1 Declaration, #2 Proposed Order, #3 Certificate/Proof of Service)(Feldman, Jeffrey) (Filed on 11/5/2021) |
| Set Deadline/Hearing, See Docket No. 34 : Case Management Statement due by 12/2/2021 and Telephonic Initial Case Management Conference set for 12/9/2021 02:00 PM. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (ndr, COURT STAFF) (Filed on 10/28/2021) |
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Filing 34
ORDER by Hon. Haywood S. Gilliam, Jr. CONTINUING the telephonic case management conference to December 9, 2021, at 2:00 p.m. The Court further DIRECTS the parties to submit a joint case management statement by December 2, 2021. This order terminates Dkt. No. #33 . All counsel shall use the following dial-in information to access the call:Dial-In: 888-808-6929;Passcode: 6064255For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1, COURT STAFF) (Filed on 10/28/2021) Modified on 11/1/2021 to remove court address. (hsglc1, COURT STAFF).
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| Filing 33 STIPULATION WITH PROPOSED ORDER Regarding Continuance of First Case Management Conference filed by Grace Abidog, George Dirnu, Kiet Linh Ha, Gloria Leon, Enrique Rodriguez, Maryellen Rodriguez, Sara Rodriguez, Virginia Teng, Jennifer Toy, Jack Wang, Poleon Win, Shirley Win, Johnny Wong, Cui Ting Yang, Jennifer Shuk Ming Yu. (Attachments: #1 Declaration)(Feldman, Jeffrey) (Filed on 10/26/2021) |
| Filing 32 REPLY (re #12 First MOTION to Remand to San Francisco Superior Court ) filed byGrace Abidog, George Dirnu, Kiet Linh Ha, Gloria Leon, Enrique Rodriguez, Maryellen Rodriguez, Sara Rodriguez, Virginia Teng, Jennifer Toy, Jack Wang, Poleon Win, Shirley Win, Johnny Wong, Cui Ting Yang, Jennifer Shuk Ming Yu. (Attachments: #1 Certificate/Proof of Service)(Feldman, Jeffrey) (Filed on 10/6/2021) |
| Filing 31 REPLY (re #11 MOTION to Dismiss Amended Complaint ) filed byNYLIFE Securities, LLC, New York Life Insurance Company. (Azarmi, Andrew) (Filed on 10/6/2021) |
| Filing 30 OPPOSITION/RESPONSE (re #11 MOTION to Dismiss Amended Complaint ) filed byGrace Abidog, George Dirnu, Kiet Linh Ha, Gloria Leon, Enrique Rodriguez, Maryellen Rodriguez, Sara Rodriguez, Virginia Teng, Jennifer Toy, Jack Wang, Poleon Win, Shirley Win, Johnny Wong, Cui Ting Yang, Jennifer Shuk Ming Yu. (Attachments: #1 Declaration of Jeffrey A. Feldman in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss, #2 Certificate/Proof of Service)(Feldman, Jeffrey) (Filed on 9/22/2021) |
| Filing 29 OPPOSITION/RESPONSE (re #12 First MOTION to Remand to San Francisco Superior Court ) filed byNYLIFE Securities, LLC, New York Life Insurance Company. (Attachments: #1 Request for Judicial Notice, #2 Declaration of Andrew Azarmi, with Exs. 1-4, #3 Certificate/Proof of Service)(Azarmi, Andrew) (Filed on 9/22/2021) |
| Filing 28 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Felix Chu.. (Agnetti, Melissa) (Filed on 9/10/2021) |
| Filing 27 ANSWER to Complaint byFelix Chu. (Agnetti, Melissa) (Filed on 9/10/2021) |
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Filing 26
ORDER by Judge Haywood S. Gilliam, Jr. Granting #25 Stipulation. (ndrS, COURT STAFF) (Filed on 9/2/2021)
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| Filing 25 STIPULATION WITH PROPOSED ORDER filed by Felix Chu. (Attachments: #1 Proposed Order)(Fredricks, Timothy) (Filed on 9/1/2021) |
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Filing 24
ORDER granting #23 Stipulation to Extend Deadlines to Oppose Motions to Dismiss and Remand signed by Judge Haywood S. Gilliam, Jr. Replies due by 10/6/2021. Responses due by 9/22/2021. (wft, COURT STAFF) (Filed on 8/31/2021)
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| Filing 23 STIPULATION WITH PROPOSED ORDER re #12 First MOTION to Remand to San Francisco Superior Court, #11 MOTION to Dismiss Amended Complaint Regarding Briefing Schedules filed by Grace Abidog, George Dirnu, Kiet Linh Ha, Gloria Leon, Enrique Rodriguez, Maryellen Rodriguez, Sara Rodriguez, Virginia Teng, Jennifer Toy, Jack Wang, Poleon Win, Shirley Win, Johnny Wong, Cui Ting Yang, Jennifer Shuk Ming Yu, New York Life Insurance Company and NYLIFE Securities, LLC . (Attachments: #1 Declaration of Jeffrey A Feldman in Support of Stipulated Request to Extend Deadlines to Oppose Motions to Dismiss and Remand and to Reply Thereto, #2 Certificate/Proof of Service)(Feldman, Jeffrey) (Filed on 8/30/2021) Modified on 8/31/2021 (jmlS, COURT STAFF). |
| #Electronic filing error. NOTICE TO COUNSEL: Melissa Anne Agnet. The docket shows a different address from what is appearing on the document (dkt. #: 22 Notice of Appearanc e filed by Felix Chu ). Please update your personal profile on ECF. (jmlS, COURT STAFF) (Filed on 8/30/2021) |
| Filing 22 NOTICE of Appearance by Melissa Anne Agnetti (Agnetti, Melissa) (Filed on 8/27/2021) |
| Reset Hearings as to #11 MOTION to Dismiss Amended Complaint and #12 First MOTION to Remand, See Docket No. #18 and #19 : Motion Hearing set for 12/9/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 8/26/2021) |
| Filing 21 CERTIFICATE OF SERVICE by Grace Abidog, George Dirnu, Kiet Linh Ha, Gloria Leon, Enrique Rodriguez, Maryellen Rodriguez, Sara Rodriguez, Virginia Teng, Jennifer Toy, Jack Wang, Poleon Win, Shirley Win, Johnny Wong, Cui Ting Yang, Jennifer Shuk Ming Yu re #17 Renotice motion hearing, #19 Renotice motion hearing, (Feldman, Jeffrey) (Filed on 8/26/2021) |
| Filing 20 CERTIFICATE OF SERVICE by Grace Abidog, George Dirnu, Kiet Linh Ha, Gloria Leon, Enrique Rodriguez, Maryellen Rodriguez, Sara Rodriguez, Virginia Teng, Jennifer Toy, Jack Wang, Poleon Win, Shirley Win, Johnny Wong, Cui Ting Yang, Jennifer Shuk Ming Yu re #13 Consent/Declination to Proceed Before a US Magistrate Judge, #12 First MOTION to Remand to San Francisco Superior Court (Feldman, Jeffrey) (Filed on 8/26/2021) |
| Filing 19 Renotice motion hearing re #12 First MOTION to Remand to San Francisco Superior Court filed byGrace Abidog, George Dirnu, Kiet Linh Ha, Gloria Leon, Enrique Rodriguez, Maryellen Rodriguez, Sara Rodriguez, Virginia Teng, Jennifer Toy, Jack Wang, Poleon Win, Shirley Win, Johnny Wong, Cui Ting Yang, Jennifer Shuk Ming Yu. (Related document(s) #12 ) (Feldman, Jeffrey) (Filed on 8/26/2021) |
| Filing 18 Renotice motion hearing re #11 MOTION to Dismiss Amended Complaint filed byNYLIFE Securities, LLC, New York Life Insurance Company. (Related document(s) #11 ) (Azarmi, Andrew) (Filed on 8/26/2021) |
| Filing 17 Renotice motion hearing re #12 First MOTION to Remand to San Francisco Superior Court filed byGrace Abidog, George Dirnu, Kiet Linh Ha, Gloria Leon, Enrique Rodriguez, Maryellen Rodriguez, Sara Rodriguez, Virginia Teng, Jennifer Toy, Jack Wang, Poleon Win, Shirley Win, Johnny Wong, Cui Ting Yang, Jennifer Shuk Ming Yu. (Related document(s) #12 ) (Feldman, Jeffrey) (Filed on 8/26/2021) |
| Filing 16 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for November 23, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by November 16th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:21-cv-06425-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 8/26/2021) |
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Filing 15
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to case,. Signed by Clerk on 08/26/2021. (mbcS, COURT STAFF) (Filed on 8/26/2021)
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| Filing 14 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 8/25/2021) |
| Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Grace Abidog, George Dirnu, Kiet Linh Ha, Gloria Leon, Enrique Rodriguez, Maryellen Rodriguez, Sara Rodriguez, Virginia Teng, Jennifer Toy, Jack Wang, Poleon Win, Shirley Win, Johnny Wong, Cui Ting Yang, Jennifer Shuk Ming Yu.. (Feldman, Jeffrey) (Filed on 8/25/2021) |
| Filing 12 First MOTION to Remand to San Francisco Superior Court filed by Grace Abidog, George Dirnu, Kiet Linh Ha, Gloria Leon, Enrique Rodriguez, Maryellen Rodriguez, Sara Rodriguez, Virginia Teng, Jennifer Toy, Jack Wang, Poleon Win, Shirley Win, Johnny Wong, Cui Ting Yang, Jennifer Shuk Ming Yu. Motion Hearing set for 9/30/2021 09:00 AM in San Francisco, - Videoconference Only before Magistrate Judge Jacqueline Scott Corley. Responses due by 9/8/2021. Replies due by 9/15/2021. (Feldman, Jeffrey) (Filed on 8/25/2021) |
| Filing 11 MOTION to Dismiss Amended Complaint filed by NYLIFE Securities, LLC, New York Life Insurance Company. Motion Hearing set for 9/30/2021 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 9/8/2021. Replies due by 9/15/2021. (Attachments: #1 Request for Judicial Notice, #2 Declaration of Andrew Azarmi, with Exs. 1-4, 6-7, #3 Declaration of Zachary Rigdon, with Ex. 5, #4 Proposed Order, #5 Consent to Magistrate Judge Jurisdiction, #6 Certificate/Proof of Service)(Azarmi, Andrew) (Filed on 8/25/2021) |
| Filing 10 CERTIFICATE OF SERVICE by NYLIFE Securities, LLC, New York Life Insurance Company re #9 Initial Case Management Scheduling Order with ADR Deadlines, Proof of Service by Email and U.S. Mail on 8/24/2021 (Azarmi, Andrew) (Filed on 8/24/2021) |
| Filing 9 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/11/2021. Initial Case Management Conference set for 11/18/2021 01:30 PM in San Francisco, - Videoconference Only. (arkS, COURT STAFF) (Filed on 8/23/2021) |
| Filing 8 CERTIFICATE OF SERVICE by Grace Abidog, George Dirnu, Kiet Linh Ha, Gloria Leon, Enrique Rodriguez, Maryellen Rodriguez, Sara Rodriguez, Virginia Teng, Jennifer Toy, Jack Wang, Poleon Win, Shirley Win, Johnny Wong, Cui Ting Yang, Jennifer Shuk Ming Yu re #7 Amended Complaint,,, (Feldman, Jeffrey) (Filed on 8/20/2021) |
| Filing 7 AMENDED COMPLAINT FOR DAMAGES for: Fraud by Intentional Misrepresentation; Fraud by Concealment; Constructive Fraud; Breach of Fiduciary Duty; Negligence; Aiding and Abetting; Violation of Corporations Code Section 25401 et seq.; Violation of Corporations Code Section 25504.1 et seq.; Violation of Business and Professions Code Section 17200; Negligent Supervision; Control Person Liability under California Corp. Code Sections 25403, 25504, and 25504.1; Elder Abuse Under the California Welfare and Institutions Code; 3rd Party Beneficiary Contract; Negligent Misrepresentation; Exhibits A-O against All Defendants. Filed byJennifer Toy, Enrique Rodriguez, Jennifer Shuk Ming Yu, George Dirnu, Grace Abidog, Cui Ting Yang, Shirley Win, Maryellen Rodriguez, Kiet Linh Ha, Virginia Teng, Jack Wang, Poleon Win, Johnny Wong, Sara Rodriguez, Gloria Leon. (Feldman, Jeffrey) (Filed on 8/20/2021) |
| Filing 6 CERTIFICATE OF SERVICE by NYLIFE Securities, LLC, New York Life Insurance Company re #1 Notice of Removal, #2 Certificate of Interested Entities, #3 Notice of Appearance, 4 Case Assigned by Intake,,, #5 Notice (Other) Proof of Service on 8/20/2021 (Azarmi, Andrew) (Filed on 8/20/2021) |
| Filing 5 NOTICE by NYLIFE Securities, LLC, New York Life Insurance Company re #1 Notice of Removal, Notice To Plaintiffs That Action Has Been Removed To Federal Court (Azarmi, Andrew) (Filed on 8/20/2021) |
| Filing 4 Case assigned to Magistrate Judge Jacqueline Scott Corley. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/2/2021. (mbcS, COURT STAFF) (Filed on 8/19/2021) |
| Filing 3 NOTICE of Appearance by Alina Pavlova and Kelly Graf for Defendants New York Life Insurance Company and NYLIFE Securities, LLC (Pavlova, Alina) (Filed on 8/19/2021) |
| Filing 2 Corporate Disclosure Statement by NYLIFE Securities, LLC, New York Life Insurance Company identifying Corporate Parent NYLIFE, LLC, Corporate Parent New York Life Insurance Company for NYLIFE Securities, LLC; Corporate Parent New York Life Insurance Company, Other Affiliate NYLIFE Securities, LLC, Other Affiliate NYLIFE, LLC for New York Life Insurance Company. re #1 Notice of Removal, (Azarmi, Andrew) (Filed on 8/19/2021) |
| Filing 1 NOTICE OF REMOVAL of Civil Action to the United States District Court Based on a Claim Arising Under Federal Law, Pursuant to 28 U.S.C. Sections 1367, 1441, and 1446 from San Francisco. Their case number is CGC-21-592926. (Filing fee $402 receipt number 0971-16300767). Filed byNew York Life Insurance Company, NYLIFE Securities, LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Azarmi, Andrew) (Filed on 8/19/2021) |
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