Hashimoto et al v. Metropolitan Tower Life Insurance Company
| Judy Hashimoto and Susan Holderman |
| Metropolitan Tower Life Insurance Company |
| 3:2023cv05644 |
| November 1, 2023 |
| US District Court for the Northern District of California |
| James Donato |
| Donna M Ryu |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 16
ORDER. Defendant Metropolitan Tower Life Insurance Company's motion to transfer, Dkt. No. 13, is suitable for decision without oral argument. Civil L.R. 7-1(b). Metropolitan Tower seeks a transfer to the Southern District of California pursuant to 28 U.S.C. 1404. Dkt. No. 20. As the Supreme Court stated in Atlantic Marine, "the overarching consideration under 1404(a) is whether a transfer would promote 'the interest of justice.'" Atlantic Marine Const. Co., Inc. v. U.S. District Court for Western District of Texas, 571 U.S. 49, 63 (2013). Metropolitan Tower's only argument for transfer is that Judge Robert S. Huie in the Southern District has already decided a very similar case, Pitt v. Metropolitan Tower Life Ins. Co., No. 3:20-cv-00694 (S.D. Cal.), and so the case should be transferred back to him to prevent plaintiffs from "judge-shopping." Dkt. No. 12 at 4; see also Dkt. No. 15 at 3 (case should be "transferred to the Southern District of California and referred to Judge Huie."). But as both sides agree, the Pitt case is currently on appeal, and it appears there is no active case pending before Judge Huie. See Dkt. No. 2 (Judge Huie's order granting summary judgment for defendant was appealed to the Ninth Circuit); Dkt. No. 14 at 11 ("Pitt case is now on appeal at the Ninth Circuit"). Consequently, there is no obvious reason for a transfer to the Southern District, especially since there is no basis to assume that the case would even be assigned to Judge Huie. Metropolitan Tower has not otherwise met its burden of establishing that the Southern District of California is "the more appropriate forum for the action." Jones v. GNC Franchising, Inc., 211 F.3d 495, 499 (9th Cir. 2000). The transfer request is denied. The hearing that was set for December 21, 2023, is vacated. A case management conference is set for February 29, 2024, at 10:00 a.m. in Courtroom 11, San Francisco, with a joint case management statement to be filed by February 22, 2024. Signed by Judge James Donato on 12/19/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) (Filed on 12/19/2023)
|
| Filing 15 REPLY (re #12 MOTION to Transfer Case (Defendant's Motion to Transfer Pursuant to 28 U.S.C 1404) ) (Defendant's Reply in Support of Motion to Transfer Pursuant to 28 U.S.C. 1404) filed byMetropolitan Tower Life Insurance Company. (Zachman, Jeffrey) (Filed on 12/5/2023) |
| Filing 14 OPPOSITION/RESPONSE (re #12 MOTION to Transfer Case (Defendant's Motion to Transfer Pursuant to 28 U.S.C 1404) ) filed byJudy Hashimoto, Susan Holderman. (Attachments: #1 Declaration Hashimoto Declaration with Ex. A, #2 Declaration Declaration of Sarah Ball with Ex. B)(Winters, Jack) (Filed on 11/28/2023) |
| Set/Reset Deadlines as to #12 MOTION to Transfer Case (Defendant's Motion to Transfer Pursuant to 28 U.S.C 1404). Motion Hearing set for 12/21/2023 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. (lrc, COURT STAFF) (Filed on 11/14/2023) |
| Filing 13 NOTICE of motion to transfer re #12 MOTION to Transfer Case Pursuant to 28 U.S.C 1404) filed by Metropolitan Tower Life Insurance Company. (Related document(s) #12 ) (Zachman, Jeffrey) (Filed on 11/14/2023) Modified text on 11/14/2023, to conform with document posted by counsel. (cv, COURT STAFF). |
| Filing 12 MOTION to Transfer Case (Defendant's Motion to Transfer Pursuant to 28 U.S.C 1404) filed by Metropolitan Tower Life Insurance Company. Responses due by 11/28/2023. Replies due by 12/5/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Zachman, Jeffrey) (Filed on 11/14/2023) |
|
Filing 11
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. Chief Magistrate Judge Donna M. Ryu 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 The Clerk on 11/13/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bar, COURT STAFF) (Filed on 11/13/2023)
|
| Filing 10 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. (ig, COURT STAFF) (Filed on 11/9/2023) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Metropolitan Tower Life Insurance Company.. (Zachman, Jeffrey) (Filed on 11/8/2023) |
| Filing 8 STIPULATION re #1 Notice of Removal, (Stipulation Pursuant to Local Civil Rule 6-1(a) to Extend Defendant's Time to Respond to The Complaint) filed by Metropolitan Tower Life Insurance Company. (Hauser, Sandra) (Filed on 11/3/2023) |
|
Filing 7
ORDER by Chief Magistrate Judge Donna M. Ryu granting #5 Jeffrey A. Zachman's Motion for Admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 11/2/2023)
|
|
Filing 6
ORDER by Chief Magistrate Judge Donna M. Ryu granting #4 Sandra D. Hauser's Motion for Admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 11/2/2023)
|
| Filing 5 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18799338.) filed by Metropolitan Tower Life Insurance Company. (Attachments: #1 Certificate of Good Standing)(Zachman, Jeffrey) (Filed on 11/2/2023) |
| Filing 4 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18798086.) filed by Metropolitan Tower Life Insurance Company. (Attachments: #1 Certificate of Good Standing)(Hauser, Sandra) (Filed on 11/1/2023) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/24/2024. Initial Case Management Conference set for 1/31/2024 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cv, COURT STAFF) (Filed on 11/1/2023) |
| Filing 2 Case assigned to Magistrate Judge Donna M. Ryu. 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 11/15/2023. (cv, COURT STAFF) (Filed on 11/1/2023) |
| Filing 1 NOTICE OF REMOVAL Pursuant to 28 U.S.C. 1332, 1441, and 1446 from Superior Court of California, County of Alameda. Their case number is 23CV047039. (Filing fee $402 receipt number ACANDC-18797373). Filed by Metropolitan Tower Life Insurance Company. (Attachments: #1 Exhibit 1 - State Court Summons and Complaint, #2 Civil Cover Sheet, #3 Corporate Disclosure Statement)(Braunstein, Jonathan) (Filed on 11/1/2023) |
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.
