Perez v. Essentia Insurance Company et al
| Graciela Perez |
| Essentia Insurance Company and Hagerty Insurance Agency, LLC |
| 3:2023cv06077 |
| November 22, 2023 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Thomas S Hixson |
| Insurance |
| 12 U.S.C. § 635 Breach of Insurance Contract |
| Defendant |
Docket Report
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This docket was last retrieved on January 17, 2024. A more recent docket listing may be available from PACER.
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Filing 25
Order Denying #14 #18 Motions to Disqualify and #15 Motion to Remand. Signed by Judge Vince Chhabria on January 17, 2024. (vclc1, COURT STAFF) (Filed on 1/17/2024)
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| Filing 24 CLERK'S NOTICE VACATING 1/11/2024 MOTION HEARING RE #14 , #15 , #18 . The Court will issue a written ruling based on the motion and responsive briefs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Filed on 1/9/2024) |
| Filing 23 REPLY to Opposition Plaintiff's (re #14 MOTION to Disqualify Judge for cause under 28 USC 455(a) and (b)(1) based on extraneous matters in Francisca Moralez v. 76 Orinda, 3:170cv003779 VCC ) filed by Graciela Perez. (Shalaby, Andrew) (Filed on 12/26/2023) |
| Filing 22 OPPOSITION/RESPONSE (re #15 MOTION to Remand ) Opposition to Plaintiff's Motion to Remand to State Court filed byEssentia Insurance Company, Hagerty Insurance Agency, LLC. (Attachments: #1 Declaration Declaration iso defendants to Plaintiff Motion to Remand, #2 Exhibit Exhibit A - Certified Copy of Policy, #3 Exhibit Exhibit B - Collector Vehicle Insurance Application California)(Carmel, Rina) (Filed on 12/20/2023) |
| Filing 21 OPPOSITION/RESPONSE (re #18 MOTION to Disqualify Judge under 28 USC 144, which is separate from the motion to disqualify for cause under 28 USC 455 (dkt. 14), #14 MOTION to Disqualify Judge for cause under 28 USC 455(a) and (b)(1) based on extraneous matters in Francisca Moralez v. 76 Orinda, 3:170cv003779 VCC ) Joint Opposition to Plaintiff's Motion filed byEssentia Insurance Company, Hagerty Insurance Agency, LLC. (Carmel, Rina) (Filed on 12/20/2023) |
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Filing 20
ORDER. The motion to disqualify filed at Dkt. No. #12 is denied as moot in light of the motion filed at Dkt. No. #14 , and the motion to disqualify filed at Dkt. No. #17 is denied as moot in light of the motion filed at Dkt. No. #18 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) (Filed on 12/7/2023)
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| Filing 19 CLERK'S NOTICE VACATING MOTION HEARING re #17 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Filed on 12/7/2023) |
| Filing 18 MOTION to Disqualify Judge under 28 USC 144, which is separate from the motion to disqualify for cause under 28 USC 455 (dkt. 14) filed by Graciela Perez. Motion Hearing set for 1/11/2024 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 12/20/2023. Replies due by 12/27/2023. (Shalaby, Andrew) (Filed on 12/6/2023) |
| Filing 17 MOTION to Disqualify Judge under 28 USC 144, which is separate from the motion to disqualify for cause under 28 USC 455 (dkt. 14) filed by Graciela Perez. Motion Hearing set for 12/7/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 12/20/2023. Replies due by 12/27/2023. (Shalaby, Andrew) (Filed on 12/6/2023) |
| Filing 16 CLERK'S NOTICE RE #15 . #15 MOTION to Remand Hearing reset to 1/11/2024 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Filed on 12/6/2023) |
| Filing 15 MOTION to Remand filed by Graciela Perez. Motion Hearing set for 12/7/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 12/20/2023. Replies due by 12/27/2023. (Shalaby, Andrew) (Filed on 12/6/2023) |
| Filing 14 MOTION to Disqualify Judge for cause under 28 USC 455(a) and (b)(1) based on extraneous matters in Francisca Moralez v. 76 Orinda, 3:170cv003779 VCC filed by Graciela Perez. Motion Hearing set for 1/11/2024 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 12/20/2023. Replies due by 12/27/2023. (Attachments: #1 Affidavit of Andrew W. Shalaby, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Shalaby, Andrew) (Filed on 12/6/2023) |
| Filing 13 CLERK'S NOTICE VACATING 12/7/2023 MOTION HEARING RE #12 Motion to Disqualify Judge. Pursuant to the local rules, counsel to re-notice the motion with a hearing date 35 days from the date of filing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Filed on 12/4/2023) |
| Filing 12 MOTION to Disqualify Judge Judge Vince Chhabria, for cause, 28 U.S.C. 455 filed by Graciela Perez. Motion Hearing set for 12/7/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 12/4/2023. Replies due by 12/5/2023. (Attachments: #1 Exhibit A - letter from Adnan Iqbal, #2 Exhibit B - letter from Anthony Roston, #3 Exhibit C - court transcript)(Shalaby, Andrew) (Filed on 11/30/2023) |
| Filing 11 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Joint Case Management Statement due by 2/16/2024. Initial Case Management Conference set for 2/23/2024 at 10:00 AM by Videoconference Only. 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/vc Court Appearances: 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Friday, February 16, 2023, by no later than 12:00PM.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.) (bxs, COURT STAFF) (Filed on 11/29/2023) |
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Filing 10
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Thomas S. Hixson 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 11/29/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 11/29/2023)
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| Filing 9 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. (tshlc1, COURT STAFF) (Filed on 11/29/2023) |
| Filing 8 ANSWER to Complaint (Notice of Removal) by Essentia Insurance Company, Hagerty Insurance Agency, LLC. (Carmel, Rina) (Filed on 11/29/2023) |
| Filing 7 CERTIFICATE OF SERVICE by Essentia Insurance Company, Hagerty Insurance Agency, LLC re #6 Consent/Declination to Proceed Before a US Magistrate Judge (Carmel, Rina) (Filed on 11/28/2023) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Essentia Insurance Company, Hagerty Insurance Agency, LLC.. (Carmel, Rina) (Filed on 11/28/2023) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/15/2024. Initial Case Management Conference set for 2/22/2024 10:00 AM in San Francisco, Courtroom E, 15th Floor. (gba, COURT STAFF) (Filed on 11/24/2023) |
| Filing 4 Case assigned to Magistrate Judge Thomas S. Hixson. 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 12/6/2023. (as, COURT STAFF) (Filed on 11/22/2023) |
| Filing 3 FEE PAID (Filing fee$402,receipt number ACANDC-18862877). (Carmel, Rina) (Filed on 11/22/2023) |
| Filing 2 Rule of Civil Procedure 7.1 Disclosure Statement by Essentia Insurance Company, Hagerty Insurance Agency, LLC re #1 Notice of Removal (Carmel, Rina) (Filed on 11/22/2023) Modified on 11/24/2023 (gba, COURT STAFF). |
| Filing 1 NOTICE OF REMOVAL of Action Under 28 U.S.C. 1441 from Superior Court of the State of California, County of Alameda -Davidson Courthouse; Their case number is 23CV040283. Declaration of Rina Carmel and Exhibits Thereto. ((Filing fee $402,receipt number ACANDC-18862877). Filed by Essentia Insurance Company, Hagerty Insurance Agency, LLC. (Attachments: #1 Exhibit A - Complaint and other filings served on Essentia, #2 Exhibit B - Notice of Service of Process on Essentia, #3 Exhibit C - Comprehensive Report - Excerpts, #4 Exhibit D - Missouri Secretary of State Business Search Printouts re Essentia, #5 Exhibit E - Michigan Department of Licensing and Regulatory Affairs Printout re Defendant Hagerty Ins Agency, LLC, #6 Exhibit F - Michigan Department of Licensing and Regulatory Affairs Printout re The Hagerty Group, LLC, #7 Exhibit G - Virginia State Corporation Commission Clerk Information System Printout re Markel Group, Inc, #8 Exhibit H - Michigan Department of Licensing and Regulatory Affairs Printout re Hagerty Holding Corp, #9 Exhibit I - Michigan Department of Licensing and Regulatory Affairs Printout re Hagerty, Inc, #10 Exhibit J - Policy - Excerpts, #11 Civil Cover sheet) (Carmel, Rina) (Filed on 11/22/2023) Modified on 11/24/2023 (gba, COURT STAFF). |
| #Electronic filing error. Filing fee not paid. Please file proof of payment or pay the filing fee through Pay.gov by clicking on Civil > Other Documents > New Case Filing Fee in CM/ECF. [err701] Re: #1 Notice of Removal,,,,, filed by Hagerty Insurance Agency, LLC, Essentia Insurance Company (ark, COURT STAFF) (Filed on 11/22/2023) |
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