Swinerton Builders v. Indian Harbor Insurance Company
| Swinerton Builders |
| Indian Harbor Insurance Company |
| 3:2023cv01262 |
| March 17, 2023 |
| US District Court for the Northern District of California |
| Araceli Martinez-Olguin |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 Case Reassigned to District Judge Araceli Martinez-Olguin. Judge Haywood S Gilliam, Jr no longer assigned to the 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. (cjl, COURT STAFF) (Filed on 5/11/2023) |
| Filing 13 NOTICE of Substitution of Counsel by Joseph Louis Oliva (Attachments: #1 Proposed Order)(Oliva, Joseph) (Filed on 5/10/2023) |
| Filing 12 REVISED ORDER REASSIGNING CASE.IT IS ORDERED that this case is reassigned to the Honorable Araceli Martinez-Olguin in the San Francisco division for all further proceedings.1. All future filings shall bear the initials AMO immediately after the case number.2. All case management conference dates are vacated and will be reset by the Court.3. All hearing dates presently scheduled are VACATED. However, existing briefing schedules for motions remain unchanged. Motions must be RENOTICED for hearing before Judge Martinez-Olguin by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule. 4. Deadlines for ADR compliance and discovery cutoff remain unchanged. 5. All pretrial conference and trial dates currently set after August 18, 2023, and all other deadlines associated with the case, will remain in place unless otherwise ordered. 6. All pretrial conference and trial dates scheduled on or before August 18, 2023, are vacated. Other pretrial deadlines (e.g., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases. 7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice. 8. On or before May 31, 2023, the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlined in the #Standing Order for All Judges of the Northern District. The approved form for such statements can be accessed # here. A Joint Case Management Statement is not required in prisoner cases in which the prisoner plaintiff/petitioner is not represented by counsel. IT IS SO ORDERED. Dated: 5/10/2023 FOR THE EXECUTIVE COMMITTEE Mark B. Busby, Clerk of Court (ecg-adi, COURT STAFF) (Filed on 5/10/2023) Modified on 5/10/2023 (ecg, COURT STAFF). |
| Filing 11 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for June 27, 2023, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by June 20th. 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 4:23-cv-01262-HSG. The June 27, 2023 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. NOTE REGARDING TELEPHONIC CASE MANAGEMENT CONFERENCES: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 4/5/2023) |
| Filing 10 Summons Issued as to Indian Harbor Insurance Company. (jrs, COURT STAFF) (Filed on 4/4/2023) |
Filing 9
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 Sallie Kim no longer assigned to case,. Signed by Clerk on 4/4/2023. (ark, COURT STAFF) (Filed on 4/4/2023)
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| Filing 8 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. (mkl, COURT STAFF) (Filed on 4/4/2023) |
| Filing 7 Proposed Summons. (Oliva, Joseph) (Filed on 4/3/2023) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Swinerton Builders.. (Oliva, Joseph) (Filed on 4/3/2023) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/19/2023. Initial Case Management Conference set for 6/26/2023 01:30 PM in San Francisco, Courtroom C, 15th Floor. (jml, COURT STAFF) (Filed on 3/20/2023) |
| Filing 4 Case assigned to Magistrate Judge Sallie Kim. 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 4/3/2023. (jml, COURT STAFF) (Filed on 3/20/2023) |
| #Electronic filing error. Summons is incomplete. Please fill in the missing information and re-file in its entirety. Re: #2 Proposed Summons filed by Swinerton Builders (jml, COURT STAFF) (Filed on 3/20/2023) |
| Filing 3 Certificate of Interested Entities by Swinerton Builders identifying Corporate Parent Swinerton Incorporated for Swinerton Builders. (Oliva, Joseph) (Filed on 3/17/2023) |
| Filing 2 Proposed Summons. (Oliva, Joseph) (Filed on 3/17/2023) |
| Filing 1 COMPLAINT against Indian Harbor Insurance Company with jury demand ( Filing fee $ 402, receipt number ACANDC-18086322.). Filed by Swinerton Builders. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Civil Cover Sheet)(Oliva, Joseph) (Filed on 3/17/2023) Modified on 3/20/2023 (jml, COURT STAFF). |
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| Plaintiff: Swinerton Builders | |
| Represented By: | Joseph Louis Oliva |
| Represented By: | Matthew Reece Toothacre |
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| Defendant: Indian Harbor Insurance Company | |
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