United Financial Casualty Company v. Ruiz et al
| United Financial Casualty Company |
| Jordan Ruiz and Sebastian Lindsey |
| 3:2023cv05000 |
| September 28, 2023 |
| US District Court for the Northern District of California |
| James Donato |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 31
ORDER CONDITIONALLY DISMISSING CASE. Signed by Judge James Donato on 12/12/2023. (jdlc3, COURT STAFF) (Filed on 12/12/2023)
|
| Filing 30 NOTICE by United Financial Casualty Company -- JOINT NOTICE OF SETTLEMENT IN PRINCIPLE AND MOTION TO VACATE ALL DEADLINES AND HEARING DATES (Kang, Min) (Filed on 12/6/2023) |
| Filing 29 NOTICE of Substitution of Counsel by Min Kyong Kang (Kang, Min) (Filed on 11/28/2023) |
| Filing 28 NOTICE of Substitution of Counsel by Min Kyong Kang as to R. Wardell Loveland (Kang, Min) (Filed on 11/28/2023) |
|
Filing 27
ORDER. Defendant Ruiz's late-filed reply, Dkt. No. 25, is accepted on this one occasion. Signed by Judge James Donato on 11/21/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 11/21/2023)
|
| Filing 26 First MOTION for Extension of Time to File Reply Out of Time filed by Jordan Ruiz. (Attachments: #1 Declaration Excusable Neglect)(Dayani, Andre) (Filed on 11/14/2023) |
| Filing 25 REPLY (re #13 First MOTION to Dismiss for Lack of Jurisdiction ) filed byJordan Ruiz. (Attachments: #1 Declaration, #2 Declaration)(Dayani, Andre) (Filed on 11/14/2023) |
| Filing 24 OBJECTIONS to re #23 Request for Judicial Notice, #22 Opposition/Response to Motion, by United Financial Casualty Company. (Kang, Min) (Filed on 11/6/2023) |
| Filing 23 Request for Judicial Notice re #22 Opposition/Response to Motion, filed byUnited Financial Casualty Company. (Related document(s) #22 ) (Kang, Min) (Filed on 11/6/2023) |
| Filing 22 OPPOSITION/RESPONSE (re #13 First MOTION to Dismiss for Lack of Jurisdiction ) filed byUnited Financial Casualty Company. (Attachments: #1 Declaration, #2 Declaration, #3 Certificate/Proof of Service)(Kang, Min) (Filed on 11/6/2023) |
| Filing 21 NOTICE by United Financial Casualty Company of re #19 Order Reassigning Case, re #20 Case Management Scheduling Order (Kang, Min) (Filed on 11/1/2023) |
|
Filing 20
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 1/25/2024 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 1/18/2024. Signed by Judge James Donato on 10/31/2023. (lrc, COURT STAFF) (Filed on 10/31/2023)
|
|
Filing 19
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Laurel Beeler 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 10/30/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 10/30/2023)
|
| Filing 18 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. (ejk, COURT STAFF) (Filed on 10/30/2023) |
| Filing 17 Joint Statement re 16 Order by United Financial Casualty Company. (Kang, Min) (Filed on 10/27/2023) Modified on 10/30/2023 (slh, COURT STAFF). |
|
Filing 16
ORDER. The defendant Sebastian Lindsey has not appeared yet. All parties, even non-appearing parties, must consent to magistrate-judge jurisdiction before the court can rule on a dispositive motion. Williams v. King, 875 F.3d 500, 503-05 (9th Cir. 2017). A defendant's consent to magistrate-judge jurisdiction does not waive any defenses, including a defense of lack of service. Feng v. Cnty. of Santa Clara, No. 19-cv-06877-LB, 2019 WL 7194475, at *1 n.1 (N.D. Cal. Dec. 26, 2019); Harper v. City of Cortez, No. 14-cv-02984-KLM, 2015 WL 4113825, at *3 (D. Colo. July 8, 2015); Geiche v. City & Cnty. of San Francisco, No. C 08-3233 JL, 2009 WL 1948830, at *9 (N.D. Cal. July 2, 2009). Thus, even if defendants have not otherwise generally appeared, they can consent to magistrate-judge jurisdiction and the court can decide the pending motion. Cf. Williams, 875 F.3d at 503-05. The court cannot decide the pending motion until Mr. Lindsey has consented. According to the complaint, Mr. Lindsey resides in Australia. For a foreign defendant, the court may "set reasonable time limits" for serving him (though it's still early). Martinez v. Aero Caribbean, No. C 11-03194 WHA, 2014 WL 309589, at *4 (N.D. Cal. Jan. 28, 2014). The court asks Mr. Ruiz and United Financial to file, by 10/27/2023, a short joint statement on how they would like to proceed.Signed by Judge Laurel Beeler on 10/24/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc1, COURT STAFF) (Filed on 10/24/2023) Modified on 10/26/2023 (ejk, COURT STAFF).
|
| Filing 15 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing #13 First MOTION to Dismiss for Lack of Jurisdiction set for 12/7/2023 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. Responses due by 11/6/2023. Replies due by 11/13/2023. This proceeding will be held 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/lb 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.) (ejk, COURT STAFF) (Filed on 10/24/2023) |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jordan Ruiz.. (Dayani, Andre) (Filed on 10/23/2023) |
| Filing 13 First MOTION to Dismiss for Lack of Jurisdiction filed by Jordan Ruiz. Motion Hearing set for 12/7/2023 09:30 AM in San Francisco, - To be determined before Magistrate Judge Laurel Beeler. Responses due by 11/6/2023. Replies due by 11/13/2023. (Attachments: #1 Declaration Dec with Exhibits, #2 Proposed Order Proposed Order PDF)(Dayani, Andre) (Filed on 10/23/2023) |
| Filing 12 CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 11/6/2023. (ejk, COURT STAFF) (Filed on 10/23/2023) |
| Filing 11 NOTICE of Appearance by Andre Dayani (Dayani, Andre) (Filed on 10/23/2023) |
| Filing 10 ANSWER to Complaint with Jury Demand byJordan Ruiz. (Dayani, Andre) (Filed on 10/23/2023) |
| Filing 9 CERTIFICATE OF SERVICE by United Financial Casualty Company re #4 Consent/Declination to Proceed Before a US Magistrate Judge, #1 Complaint, 2 Case Assigned by Intake,, #7 Consent/Declination to Proceed Before a US Magistrate Judge, #3 Initial Case Management Scheduling Order with ADR Deadlines, #6 Summons Issued (Kang, Min) (Filed on 10/11/2023) |
| Filing 8 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Initial Case Management Conference previously set for 12/28/2023 is reset to 1/18/2024 at 11:00 AM in San Francisco - Videoconference Only. Case Management Statement due by 1/11/2024. This proceeding will be held 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/lb 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/. (ejk, COURT STAFF) (Filed on 10/10/2023) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United Financial Casualty Company.. (Kang, Min) (Filed on 10/5/2023) |
| Filing 6 Summons Issued as to Sebastian Lindsey, Jordan Ruiz. (ecg, COURT STAFF) (Filed on 10/3/2023) |
| Filing 5 Proposed Summons. (Kang, Min) (Filed on 10/3/2023) |
| Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United Financial Casualty Company.. (Kang, Min) (Filed on 10/3/2023) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 12/21/2023. Initial Case Management Conference set for 12/28/2023 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. (tn, COURT STAFF) (Filed on 9/29/2023) |
| Filing 2 Case assigned to Magistrate Judge Laurel Beeler. 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 10/13/2023. (ark, COURT STAFF) (Filed on 9/29/2023) |
| Filing 1 COMPLAINT OF UNITED FINANCIAL CASUALTY COMPANY FOR DECLARATORY JUDGMENT against Sebastian Lindsey, Jordan Ruiz, (Filing Fee: $402.00, receipt number BCANDC-18690600). Filed by United Financial Casualty Company. (Attachments: #1 Jury Trial Demand, #2 Civil Cover Sheet, #3 Certificate of Interested Parties)(Kang, Min) (Filed on 9/28/2023) Modified on 9/29/2023 (tn, COURT STAFF). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
