Pintor et al v. Liberty Mutual Insurance Company
| Sabas Pintor, Maria Elena Lopez and Estefany Lopez |
| Liberty Mutual Insurance Company |
| 3:2022cv02878 |
| May 16, 2022 |
| US District Court for the Northern District of California |
| Jacqueline Scott Corley |
| Insurance |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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This docket was last retrieved on November 17, 2022. A more recent docket listing may be available from PACER.
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| Filing 37 Notice of Withdrawal of Motion to add Villeda due to July 15, 2022 stipulation expiration date (Shalaby, Andrew) (Filed on 7/8/2022) |
| Filing 36 STIPULATION by Estefany Lopez, Maria Elena Lopez, Sabas Pintor , stipulation extending statute of limitations to add Marcos Villeda as a defendant to the action (Shalaby, Andrew) (Filed on 7/8/2022) Modified on 7/11/2022 (msr, COURT STAFF). |
| Filing 35 Ex Parte Application re #34 Order on Motion to Dismiss,, Order on Motion to Set Aside Default,, Order on Motion to Remand,,,, Order on Motion to Strike,, Order on Motion for Leave to File, to add Villeda due to July 15, 2022 stipulation expiration date filed by Estefany Lopez, Maria Elena Lopez, Sabas Pintor. (Attachments: #1 Exhibit A - stipulation extending statute of limitations)(Shalaby, Andrew) (Filed on 7/8/2022) |
Filing 34
ORDER by Judge Jacqueline Scott Corley denying without prejudice #8 Motion to Dismiss; denying as moot #9 Motion to Set Aside Default; denying #16 Motion to Remand; denying as moot #21 Motion to Dismiss; denying as moot #23 Motion to Strike; granting #28 Motion for Leave to File. (ahm, COURT STAFF) (Filed on 7/7/2022)
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| Filing 33 Minute Entry for proceedings held before Judge Jacqueline Scott Corley: Motion Hearing held and recorded by Zoom videoconference on 7/7/2022 on #8 Defendant's Motion to Dismiss, Defendants' #9 Motion to Set Aside Default, and Plaintiffs' #16 Motion to Remand. The Court will issue a written order on the motions. (Digital Recording Time: 9:06-9:23)Plaintiffs to file motion to move to amend complaint by 8/11/2022. Defendant to respond by 8/25/2022. Plaintiffs to file reply by 9/1/2022 and the Court will hear the motion on 9/15/2022 at 9:00 a.m. by Zoom videoconference. Attorney for Plaintiffs: Andrew ShalabyAttorneys for Defendants: Matthew Chipman/Nicholas Boos (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 7/7/2022) |
| Filing 32 OPPOSITION/RESPONSE (re #28 MOTION for Leave to File Sur-Reply ) filed byEstefany Lopez, Maria Elena Lopez, Sabas Pintor. (Shalaby, Andrew) (Filed on 6/16/2022) |
| Filing 31 CERTIFICATE OF SERVICE by Liberty Mutual Insurance Company (Boos, Nicholas) (Filed on 6/16/2022) |
| Filing 30 Proposed Order re #28 MOTION for Leave to File Sur-Reply by Liberty Mutual Insurance Company. (Boos, Nicholas) (Filed on 6/16/2022) |
| Filing 29 Declaration of Nicholas J. Boos in Support of #28 MOTION for Leave to File Sur-Reply filed byLiberty Mutual Insurance Company. (Related document(s) #28 ) (Boos, Nicholas) (Filed on 6/16/2022) |
| Filing 28 MOTION for Leave to File Sur-Reply filed by Liberty Mutual Insurance Company. (Attachments: #1 Defendant Liberty Mutual Insurance Company's Sur-Reply)(Boos, Nicholas) (Filed on 6/16/2022) |
| Filing 27 CLERK'S NOTICE STAYING BRIEFING AND VACATING MOTION HEARINGS. In light of the pending motions, (Dkt. Nos. #8 , #9 , & #16 currently set for hearing on July 7, 2022, the briefing on (Dkt. Nos. #21 & #23 ) is stayed and hearings set for June 16, 2022 and July 14, 2022 are vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 6/10/2022) |
| Filing 26 Request for Judicial Notice re #23 Ex Parte MOTION to Strike #21 MOTION to Dismiss Plaintiff's First Amended Complaint, for A More Definite Statement, and to Strike; Memorandum of Points and Authorities , motion to stay motion to dismiss in the alternative, pending, #16 MOTION to Remand , #1 Notice of Removal, Judicial Notice is requested of recent remand of another IMPROPER REMOVAL filed by Attorney NICHOLAS BOOS, filed byEstefany Lopez, Maria Elena Lopez, Sabas Pintor. (Attachments: #1 Exhibit A - order remanding recent improper removal by Attorney Mr. Boos)(Related document(s) #23 , #16 ) (Shalaby, Andrew) (Filed on 6/9/2022) |
| Filing 25 NOTICE OF ERRATA by Estefany Lopez, Maria Elena Lopez, Sabas Pintor re #20 Reply to Opposition/Response , corrections to typographical errors (changing "diversity is certain" to "lack of diversity is certain" under Heading V) (Shalaby, Andrew) (Filed on 6/9/2022) Modified on 6/10/2022 (msr, COURT STAFF). |
| Filing 24 OPPOSITION/RESPONSE (re #21 MOTION to Dismiss Plaintiff's First Amended Complaint, for A More Definite Statement, and to Strike; Memorandum of Points and Authorities ) , lack of diversity jurisdiction, filed byEstefany Lopez, Maria Elena Lopez, Sabas Pintor. (Shalaby, Andrew) (Filed on 6/9/2022) |
| Filing 23 Ex Parte MOTION to Strike #21 MOTION to Dismiss Plaintiff's First Amended Complaint, for A More Definite Statement, and to Strike; Memorandum of Points and Authorities , motion to stay motion to dismiss in the alternative, pending determination of motion for remand (doc. 16) filed by Estefany Lopez, Maria Elena Lopez, Sabas Pintor. Motion Hearing set for 6/16/2022 09:00 AM before Judge Jacqueline Scott Corley. Responses due by 6/14/2022. Replies due by 6/15/2022. (Shalaby, Andrew) (Filed on 6/9/2022) |
| Filing 22 Request for Judicial Notice re #20 Reply to Opposition/Response filed byEstefany Lopez, Maria Elena Lopez, Sabas Pintor. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #20 ) (Shalaby, Andrew) (Filed on 6/9/2022) |
| Filing 21 MOTION to Dismiss Plaintiff's First Amended Complaint, for A More Definite Statement, and to Strike; Memorandum of Points and Authorities filed by Liberty Mutual Insurance Company. Motion Hearing set for 7/14/2022 09:00 AM in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. Responses due by 6/23/2022. Replies due by 6/30/2022. (Boos, Nicholas) (Filed on 6/9/2022) |
| Filing 20 REPLY (re #16 MOTION to Remand ) filed byEstefany Lopez, Maria Elena Lopez, Sabas Pintor. (Attachments: #1 Exhibit A, #2 Exhibit B)(Shalaby, Andrew) (Filed on 6/9/2022) |
| Filing 19 OPPOSITION/RESPONSE (re #16 MOTION to Remand ) filed byLiberty Mutual Insurance Company. (Attachments: #1 Request for Judicial Notice, #2 Declaration of N. Boos)(Boos, Nicholas) (Filed on 6/8/2022) |
| Filing 18 CLERK'S NOTICE CONTINUING MOTION HEARING. Please take notice the hearing on Plaintiff's Motion to Remand (Dkt. #16 ) is continued to July 7, 2022 at 9:00 a.m. by Zoom videoconference. Oppositions/Responses due by 6/8/2022. Replies due by 6/15/2022. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsc Court Appear ances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names must be sent to the CRD at jsccrd@cand.uscourts.gov no later than 12:00 p.m. on 7/6/2022.General Order 58. 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.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 5/31/2022) |
| Filing 17 AMENDED COMPLAINT , CONDITIONED ON DETERMINATION OF JURISDICTION on pending motion for remand, against Liberty Mutual Insurance Company. Filed bySabas Pintor, Estefany Lopez, Maria Elena Lopez. (Attachments: #1 Supplement Cover letter conditioning filing of amended complaint on determination of jurisdiction)(Shalaby, Andrew) (Filed on 5/26/2022) |
| Filing 16 MOTION to Remand filed by Estefany Lopez, Maria Elena Lopez, Sabas Pintor. Motion Hearing set for 6/30/2022 01:30 PM in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. Responses due by 6/8/2022. Replies due by 6/15/2022. (Shalaby, Andrew) (Filed on 5/25/2022) |
| Filing 15 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE BY ZOOM. Case Management Statement due by 8/25/2022. Initial Case Management Conference reset for 9/1/2022 at 1:30 p.m. before Judge Jacqueline Scott Corley via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsc Court Appearances: Advanced noti ce is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names must be sent to the CRD at jsccrd@cand.uscourts.gov no later than 12:00 p.m. on 8/31/2022.General Order 58. 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.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the c ourt. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 5/25/2022) |
| Filing 14 CLERK'S NOTICE RESETTING MOTION HEARING DATE. Hearing reset as to #8 Motion to Dismiss and #9 Motion to Set Aside Default is reset for 7/7/2022 at 9:00 a.m. before Judge Jacqueline Scott Corley via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsc Court Appearances: Advanced notice is r equired of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names must be sent to the CRD at jsccrd@cand.uscourts.gov no later than 12:00 p.m. on 7/6/2022.General Order 58. 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.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (ahm, COURT STAFF) (Filed on 5/25/2022) |
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Filing 13
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jacqueline Scott Corley for all further proceedings. Magistrate Judge Alex G. Tse no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 05/24/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 5/24/2022)
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| Filing 12 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. 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. (shy, COURT STAFF) (Filed on 5/24/2022) |
| Filing 11 NOTICE by Estefany Lopez, Maria Elena Lopez, Sabas Pintor re #8 MOTION to Dismiss , Notice of Motion, Memorandum of Points and Authorities, #9 MOTION to Set Aside Default , Notice of Motion, Memorandum of Points and Authorities Meet and Confer before filing ex parte application and/or motion to strike documents 8 and 9 (motions to dismiss and set aside default) on grounds of lack of jurisdiction (Shalaby, Andrew) (Filed on 5/24/2022) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Liberty Mutual Insurance Company.. (Boos, Nicholas) (Filed on 5/23/2022) |
| Filing 9 MOTION to Set Aside Default , Notice of Motion, Memorandum of Points and Authorities filed by Liberty Mutual Insurance Company. Motion Hearing set for 7/1/2022 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 6/6/2022. Replies due by 6/13/2022. (Attachments: #1 Declaration of N. Boos, #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 Proposed Order)(Boos, Nicholas) (Filed on 5/23/2022) |
| Filing 8 MOTION to Dismiss , Notice of Motion, Memorandum of Points and Authorities filed by Liberty Mutual Insurance Company. Motion Hearing set for 7/1/2022 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 6/6/2022. Replies due by 6/13/2022. (Attachments: #1 Declaration of N. Boos, #2 Request for Judicial Notice, #3 Proposed Order)(Boos, Nicholas) (Filed on 5/23/2022) |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/12/2022. Initial Case Management Conference set for 8/19/2022 02:00 PM in San Francisco, Courtroom A, 15th Floor. (msr, COURT STAFF) (Filed on 5/17/2022) |
| Filing 6 NOTICE by Estefany Lopez, Maria Elena Lopez, Sabas Pintor re 5 Case Assigned by Intake,, #1 Notice of Removal, special appearance objection to removal for lack of diversity jurisdiction (Attachments: #1 Exhibit A - amended complaint)(Shalaby, Andrew) (Filed on 5/17/2022) |
| Filing 5 Case assigned to Magistrate Judge Alex G. Tse. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/31/2022. (as, COURT STAFF) (Filed on 5/17/2022) |
| Filing 4 Civil Cover Sheet by Liberty Mutual Insurance Company Revised. (Boos, Nicholas) (Filed on 5/17/2022) |
| Filing 3 Certificate of Interested Entities by Liberty Mutual Insurance Company identifying Corporate Parent Liberty Mutual Group Inc., Corporate Parent Liberty Mutual Holding Company Inc., Corporate Parent LMHC Massachusetts Holdings Inc., Corporate Parent Liberty Mutual Insurance Corporation for Liberty Mutual Insurance Company. (Boos, Nicholas) (Filed on 5/16/2022) |
| Filing 2 DEMAND for Trial by Jury by Liberty Mutual Insurance Company. (Boos, Nicholas) (Filed on 5/16/2022) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of Contra Costa County. Their case number is CIVMSC22-00480. (Filing fee $402 receipt number ACANDC-17178706). Filed byLiberty Mutual Insurance Company. (Attachments: #1 Civil Cover Sheet)(Boos, Nicholas) (Filed on 5/16/2022) |
| #Electronic filing error. Incorrect PDF attached. [err201] Please resubmit current Civil Cover Sheet JS-CAND 44 (Rev. 10/2020) from our website www.cand.uscourts.gov . No judge assignment will be made until the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet. This filing will not be processed by the clerks office. Please re-file the civil cover sheet in its entirety. Re: #1 Notice of Removal, filed by Liberty Mutual Insurance Company. (jlg, COURT STAFF) (Filed on 5/16/2022) |
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