Whispering Oaks Residential Case Facility LLC v. Travelers Property Casualty Company of America
| Whispering Oaks Residential Care Facility LLC, Whispering Oaks RCF Management Co Inc. and Naren Chaganti |
| Travelers Property Casualty Company of America, Robert Killingsworth and Joseph Tancredy |
| 5:2019cv07493 |
| November 14, 2019 |
| US District Court for the Northern District of California |
| Virginia K DeMarchi |
| Lucy H Koh |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on May 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 27 SUMMONS Returned Executed by Whispering Oaks RCF Management Co Inc., Whispering Oaks Residential Care Facility LLC, Naren Chaganti. Joseph Tancredy served on 1/10/2020, answer due 1/31/2020. (Attachments: #1 Supplement to Motion to Remand, #2 Declaration Supplemental (of Naren Chaganti), #3 Certificate/Proof of Service Certificate of Service)(Chaganti, Naren) (Filed on 1/10/2020) |
| Filing 26 Summons Issued as to Joseph Tancredy. (dhmS, COURT STAFF) (Filed on 12/23/2019) |
| Filing 25 Proposed Summons. (Chaganti, Naren) (Filed on 12/23/2019) |
| Filing 24 REPLY (re #10 Amended MOTION to Dismiss PLAINTIFFS' COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(B)(6); OR ALTERNATIVELY, FOR A MORE DEFINITE STATEMENT (FRCP 12(E) ) filed byTravelers Property Casualty Company of America. (Attachments: #1 Declaration of Matthew A. Trejo in Support of Travelers' Reply in Support of Its Motions, #2 Exhibit A to Trejo Declaration)(Trejo, Matthew) (Filed on 12/12/2019) |
| Filing 23 Proposed Order re #21 MOTION to Dismiss RE-NOTICE OF MOTION TO DISMISS PLAINTIFFS' COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(B)(6); OR ALTERNATIVELY, FOR A MORE DEFINITE STATEMENT (FRCP 12(E)) by Travelers Property Casualty Company of America. (Trejo, Matthew) (Filed on 12/6/2019) |
| Filing 22 Request for Judicial Notice re #21 MOTION to Dismiss RE-NOTICE OF MOTION TO DISMISS PLAINTIFFS' COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(B)(6); OR ALTERNATIVELY, FOR A MORE DEFINITE STATEMENT (FRCP 12(E)) filed byTravelers Property Casualty Company of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Related document(s) #21 ) (Trejo, Matthew) (Filed on 12/6/2019) |
| Filing 21 MOTION to Dismiss RE-NOTICE OF MOTION TO DISMISS PLAINTIFFS' COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(B)(6); OR ALTERNATIVELY, FOR A MORE DEFINITE STATEMENT (FRCP 12(E)) filed by Travelers Property Casualty Company of America. Motion Hearing set for 4/23/2020 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 12/20/2019. Replies due by 12/27/2019. (Attachments: #1 Exhibit A, #2 Exhibit B)(Trejo, Matthew) (Filed on 12/6/2019) |
| Filing 20 **CLERK'S NOTICE FOLLOWING CASE REASSIGNMENT TO THE HONORABLE LUCY H. KOH** Following the case reassignment to the Honorable Lucy H. Koh, an Initial Case Management Conference is set for March 18, 2020 at 2:00 PM in Courtroom 8, 4th floor, in San Jose, California. The Joint Case Management Statement is due 7 days prior. See Civil L.R. 16-9 and Civil L.R. 16-10(a). The parties shall familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy H. Koh: http://cand.uscourts.gov/lhk. Hearings on #10 Amended MOTION to Dismiss and #16 MOTION to Remand set for April 23, 2020 at 1:30 PM in Courtroom 8, 4th floor, in San Jose, California. (This is a text-only entry generated by the court. There is no document associated with this entry.)(kedS, COURT STAFF) (Filed on 12/5/2019) |
Filing 19
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Lucy H. Koh for all further proceedings RE #18 Order for Reassignment to a District Judge. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.Magistrate Judge Virginia K. DeMarchi remains as referral judge assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 12/2/2019)
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Filing 18
Order for Reassignment to District Judge. All pending motion hearings and scheduled appearances are hereby VACATED. Signed by Judge Virginia K. DeMarchi on 12/2/2019. (vkdlc1S, COURT STAFF) (Filed on 12/2/2019)
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| Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Naren Chaganti, Whispering Oaks RCF Management Co Inc., Whispering Oaks Residential Care Facility LLC.. (Chaganti, Naren) (Filed on 12/1/2019) |
| Filing 16 MOTION to Remand filed by Naren Chaganti, Whispering Oaks RCF Management Co Inc., Whispering Oaks Residential Care Facility LLC. Motion Hearing set for 2/21/2020 09:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. Responses due by 1/13/2020. Replies due by 1/21/2020. (Attachments: #1 Declaration Declaration of Naren Chaganti in support of Motion to Remand, #2 Certificate/Proof of Service Proof of Service)(Chaganti, Naren) (Filed on 11/29/2019) |
| Filing 15 CERTIFICATE OF SERVICE by Travelers Property Casualty Company of America re #14 Order (Ruby, Samuel) (Filed on 11/27/2019) |
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Filing 14
Order re Proof of Service of Summons and Deadline for Consent/Declination to Proceed Before U.S. Magistrate Judge. Signed by Judge Virginia K. DeMarchi on 11/25/2019. (vkdlc1S, COURT STAFF) (Filed on 11/25/2019)
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| Filing 13 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs 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 11/29/2019. (pmcS, COURT STAFF) (Filed on 11/22/2019) |
| Filing 12 Proposed Order re #10 Amended MOTION to Dismiss PLAINTIFFS' COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(B)(6); OR ALTERNATIVELY, FOR A MORE DEFINITE STATEMENT (FRCP 12(E) by Travelers Property Casualty Company of America. (Trejo, Matthew) (Filed on 11/21/2019) |
| Filing 11 Request for Judicial Notice re #10 Amended MOTION to Dismiss PLAINTIFFS' COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(B)(6); OR ALTERNATIVELY, FOR A MORE DEFINITE STATEMENT (FRCP 12(E) filed byTravelers Property Casualty Company of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Related document(s) #10 ) (Trejo, Matthew) (Filed on 11/21/2019) |
| Filing 10 Amended MOTION to Dismiss PLAINTIFFS' COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(B)(6); OR ALTERNATIVELY, FOR A MORE DEFINITE STATEMENT (FRCP 12(E) filed by Travelers Property Casualty Company of America. Motion Hearing set for 1/21/2020 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. Responses due by 12/5/2019. Replies due by 12/12/2019. (Attachments: #1 Exhibit A, #2 Exhibit B)(Trejo, Matthew) (Filed on 11/21/2019) |
| Filing 9 MOTION to Dismiss PLAINTIFFS' COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(B)(6); OR ALTERNATIVELY, FOR A MORE DEFINITE STATEMENT (FRCP 12(E) filed by Travelers Property Casualty Company of America. Motion Hearing set for 1/21/2020 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. Responses due by 12/5/2019. Replies due by 12/12/2019. (Attachments: #1 Exhibit A, #2 Exhibit B)(Trejo, Matthew) (Filed on 11/21/2019) Modified on 12/5/2019 (kedS, COURT STAFF). |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Travelers Property Casualty Company of America.. (Trejo, Matthew) (Filed on 11/21/2019) |
| Filing 7 CERTIFICATE OF SERVICE by Travelers Property Casualty Company of America re #5 Initial Case Management Scheduling Order with ADR Deadlines, 4 Case Assigned by Intake,,, (Ruby, Samuel) (Filed on 11/18/2019) |
| Filing 6 CERTIFICATE OF SERVICE by Travelers Property Casualty Company of America re #2 Certificate of Interested Entities, #3 Amended Notice of Removal, #1 Notice of Removal, (Ruby, Samuel) (Filed on 11/18/2019) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/11/2020. Initial Case Management Conference set for 2/18/2020 01:30 PM in San Jose, Courtroom 2, 5th Floor. (cv, COURT STAFF) (Filed on 11/14/2019) |
| Filing 4 Case assigned to Magistrate Judge Virginia K. DeMarchi. 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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/29/2019. (bwS, COURT STAFF) (Filed on 11/14/2019) |
| Filing 3 AMENDED NOTICE OF REMOVAL against Naren Chaganti, Whispering Oaks RCF Management Co Inc., Whispering Oaks Residential Care Facility LLC. Filed byTravelers Property Casualty Company of America. (Trejo, Matthew) (Filed on 11/14/2019) |
| Filing 2 Corporate Disclosure Statement by Travelers Property Casualty Company of America identifying Corporate Parent The Travelers Companies, Inc. for Travelers Property Casualty Company of America. re #1 Notice of Removal, (Trejo, Matthew) (Filed on 11/14/2019) |
| Filing 1 NOTICE OF REMOVAL from Santa Clara County Superior Court. Their case number is 1-15-CV-288323. (FILING FEE OF $400.00 PAID, RECEIPT # 0971-13889357). Filed by Travelers Property Casualty Company of America, Joseph Tancredy, Robert Killingsworth. (Attachments: #1 Exhibit A - Summons, #2 Exhibit B - State Court Complaint, #3 Civil Cover Sheet)(Trejo, Matthew) (Filed on 11/14/2019) Modified on 11/14/2019 (bwS, COURT STAFF). |
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