Evanston Insurance Company v. Barkandbrew Inc et al
| Evanston Insurance Company |
| Barkandbrew Inc doing business as La Jolla Brew House, Claudette Mannix, Cynthia Kauanui, Emery Kauanui, Sr. and Does 1 through 50, inclusive |
| Barkandbrew Inc |
| 3:2009cv02295 |
| October 15, 2009 |
| US District Court for the Southern District of California |
| San Diego Office |
| XX US, Outside State |
| Louisa S Porter |
| Janis L Sammartino |
| Insurance |
| 28 U.S.C. § 1332 in |
| Defendant |
Docket Report
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This docket was last retrieved on October 19, 2010. A more recent docket listing may be available from PACER.
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Filing 46
ORDER granting #44 Joint Motion for Dismissal of Entire Action with Prejudice: The joint motion to dismiss the insurance coverage action in its entirety with prejudice, including all counter-claims alleged therein, is granted; this action is dismissed with prejudice; and the 10/19/10 Settlement Disposition Conference date shall be vacated without further court order. The Clerk shall close the file. Signed by Judge Janis L. Sammartino on 10/19/10. (lmt)(mam).
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| Filing 45 MINUTE ORDER: A Joint Motion for Dismissal was submitted to the Honorable Janis L. Sammartino on October 18, 2010. Therefore, the Settlement Disposition Conference set for October 19, 2010 at 9:30 a.m. shall be VACATED.(cbk) |
| Filing 44 Joint MOTION to Dismiss Entire Action with Prejudice by Evanston Insurance Company. (Firtch, Susan) (lmt). |
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Filing 43
ORDER granting #42 Joint Motion to Reschedule Settlement Disposition Conference: The Settlement Disposition Conference set for 9/14/10 is vacated. A Joint Motion for Dismissal shall be submitted to the Honorable Janis L. Sammartino on or before 10/18/10. If a Joint Motion for Dismissal is not submitted on or before 10/18/10, then a telephonic, attorneys only Settlement Disposition Conference shall be held on 10/19/10 at 9:30 a.m. before Magistrate Judge Louisa S Porter. If a Joint Motion for Dismissal is received on or before 10/18/10, the Settlement Disposition Conference shall be vacated without further court order. Signed by Magistrate Judge Louisa S Porter on 9/13/10. (lmt) (av1).
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| Filing 42 Joint MOTION to Continue the Settlement Disposition Conference Presently Set for September 14, 2010 by Evanston Insurance Company. (Firtch, Susan) (QC Mailer re proposed order) (lmt). |
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Filing 41
ORDER Scheduling Settlement Disposition Conference: The Mandatory Settlement Conference set for 8/6/10 is vacated. A Joint Motion for Dismissal shall be submitted to the Honorable Janis L. Sammartino by 9/13/10. If a Joint Motion for Dismissal is not submitted by 9/13/10 a telephonic, attorneys only Settlement Disposition Conference will be held on 9/14/2010 at 09:30 AM before Magistrate Judge Louisa S Porter. Signed by Magistrate Judge Louisa S Porter on 7/16/10.(lmt) (jcj).
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| Filing 40 NOTICE of Settlement (CONDITIONAL AS TO THE UNDERLYING STATE COURT ACTION) by Evanston Insurance Company (Firtch, Susan) (QC Mailer sent re: s/signature) (lmt). |
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Filing 39
ORDER Denying Defendants' #27 Motion to Dismiss; Staying the Action Pending Resolution in State Court; and Dismissing Plaintiff's #24 Motion for Summary Judgment without Prejudice: Upon completion of the jury trial phase of the Underlying Action, Plaintiff shall file a Notice with this Court within ten days of the date the verdict is rendered or within ten days after settlement in the Underlying Action is reached. Further, Plaintiff may re-file, if it chooses, its motion for summary judgment in this action within 30 days of the jury rendering its verdict in the Underlying Action. Signed by Judge Janis L. Sammartino on 6/22/10. (mkz) (jrl).
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| Filing 38 NOTICE of Joinder by Cynthia Kauanui re #36 Response in Opposition to Motion for Summary Judgment (Attachments: #1 Proof of Service)(Tomasevic, Alex) (mkz). |
| Filing 37 REPLY re #36 Response in Opposition to Motion for Summary Judgment filed by Evanston Insurance Company. (Attachments: #1 Declaration of Susan E. Firtch in support of Evanston's Reply to Defendants' Opposition to Evanston's Motion for Summary Judgment, #2 Supplement - Objections to Evidence Offered by Defendants Re Opposition to Evanston's Motion for Summary Judgment)(Firtch, Susan) (mkz). |
| Filing 36 RESPONSE in Opposition re #24 MOTION for Summary Judgment filed by Barkandbrew Inc, Claudette Mannix. (Attachments: #1 Declaration of Claudette Mannix, #2 Declaration of Eric Deitz, #3 Proof of Service)(Deitz, Eric) (mkz). |
| Filing 35 NOTICE of Appearance by Eric R Deitz on behalf of Barkandbrew Inc, Claudette Mannix (Attachments: #1 Proof of Service)(Deitz, Eric) (mkz). |
| Filing 34 NOTICE of Joinder by Barkandbrew Inc, Claudette Mannix re #27 MOTION to Dismiss or in the alternative, Stay the Action, #33 Reply to Response to Motion (Attachments: #1 Proof of Service)(Deitz, Eric) (mkz). |
| Filing 33 REPLY to Response to Motion re #27 MOTION to Dismiss or in the alternative, Stay the Action filed by Cynthia Kauanui. (Attachments: #1 Declaration of Alex Tomasevic, #2 Proof of Service)(Tomasevic, Alex) (mkz). |
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Filing 32
ORDER Vacating Hearing: The 4/23/10 motion hearing is vacated and the #27 Motion to dismiss is taken under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Judge Janis L. Sammartino on 4/15/10.(mkz) (jrl).
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| Filing 31 RESPONSE in Opposition re #27 MOTION to Dismiss or in the alternative, Stay the Action Statement of All Reasons in Opposition, and Memorandum of Point and Authorities in Opposition, to Defendants' Motion to Dismiss/Stay this Action; Plaintiff's Counter-Motion to Continue Hearing Date filed by Evanston Insurance Company. (Attachments: #1 Request for Judicial Notice, #2 Declaration of Susan E. Firtch, #3 Declaration Alton E. Wright)(Firtch, Susan) (mkz). |
| Filing 30 NOTICE of Joinder by Barkandbrew Inc, Claudette Mannix re #27 MOTION to Dismiss or in the alternative, Stay the Action (Attachments: #1 Proof of Service)(Deitz, Eric)(mkz). |
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Filing 29
SCHEDULING ORDER: Mandatory Settlement Conference set for 8/6/2010 at 10:00 AM in the Chambers of Magistrate Judge Louisa S Porter. Final Pretrial Conference set for 1/27/2011 at 1:30 PM in Courtroom 06 before Judge Janis L. Sammartino. Memorandum of Contentions of Fact and Law due by 12/30/2010. Proposed Pretrial Order due by 1/20/2011. Signed by Magistrate Judge Louisa S Porter on 3/17/2010.(leh) (jrl).
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| Filing 28 Minute Entry for proceedings held before Magistrate Judge Louisa S Porter: Case Management Conference held on 3/17/2010. Order to follow.(Plaintiff Attorney Susan Firtch). (Defendant Attorney N/A). (rfm) |
| Filing 27 MOTION to Dismiss, MOTION to Stay or in the alternative, Stay the Action by Cynthia Kauanui. (Attachments: #1 Memorandum of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration of Alex Tomasevic, #4 Proof of Service)(Tomasevic, Alex) (mkz). |
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Filing 26
ORDER Setting Amended Briefing Schedule: A hearing on the #24 Motion for Summary Judgment is scheduled for 7/8/2010. Responses due by 5/14/2010, Replies due by 5/28/2010. Signed by Judge Janis L. Sammartino on 3/10/10.(mkz) (jrl).
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Filing 25
ORDER Setting Briefing Schedule: A hearing on Plaintiff's #24 Motion for Summary Judgment is scheduled for 7/8/10. Responses due by 5/15/2010, Replies due by 5/28/2010. Signed by Judge Janis L. Sammartino on 3/9/10.(mkz) (jrl).
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| Filing 24 MOTION for Summary Judgment by Evanston Insurance Company. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration of Susan E. Firtch)(Firtch, Susan) (mkz). |
| Filing 23 MOTION for Summary Judgment by Evanston Insurance Company. (Firtch, Susan) Modified on 3/5/2010 (tkl). EFILED IN ERROR. Atty to re-efile (mkz). |
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Filing 22
ORDER granting #21 Joint Motion to Dismiss Defendant Emery Kauanui, Sr., Without Prejudice. It is hereby ordered that Defendant Emery Kauanui, Sr. is dismissed from this action without prejudice. Signed by Judge Janis L. Sammartino on 3/4/2010. (leh) (kaj).
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| Filing 21 Joint MOTION to Dismiss and [Proposed] Order for Dismissal of Defendant Emery Kauanui, Sr., Without Prejudice by Evanston Insurance Company. (Firtch, Susan) Modified on 3/4/2010, atty contacted re proposed order (mkz). |
| Filing 20 NOTICE of Appearance by Alex M Tomasevic on behalf of Cynthia Kauanui (Attachments: #1 Proof of Service)(Tomasevic, Alex) (mkz). |
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Filing 19
ORDER Following Early Neutral Evaluation, Setting Rule 26 Compliance, and Notice of Case Management Conference: It is hereby ordered that a Case Management Conference shall be held on 3/17/2010 at 9:30 AM before Magistrate Judge Louisa S Porter. The conference shall be telephonic, with attorneys only. Plaintiff's counsel shall initiate and coordinate the call. Signed by Magistrate Judge Louisa S Porter on 1/27/2010.(leh) (jrl).
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| Filing 18 Minute Entry for proceedings held before Magistrate Judge Louisa S Porter: Early Neutral Evaluation Conference held on 1/22/2010. Order to follow.(Plaintiff Attorney Susan Firtch). (Defendant Attorney Alex Tomasevic; Eric Deitz). (rfm) |
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Filing 17
ORDER Granting #16 Substitution of Attorney: Attorney Matthew Butler shall be attorney of record for Defendant Cynthia Kauanui in place of Sharon JoEllen Arkin. Signed by Judge Janis L. Sammartino on 1/21/10.(mkz) (jrl).
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| Filing 16 NOTICE by Cynthia Kauanui of Substitution of Attorney (Attachments: #1 Proof of Service Proof of Service)(Butler, Matthew) (mkz). |
| Filing 15 CERTIFICATE OF SERVICE by Evanston Insurance Company re #14 Answer to Complaint Counterclaim of Defs/Counterclaimants Barkandbrew Inc. dba La Jolla Brewhouse and Claudette Mannix (Horst, Melissa) (mkz). |
| Filing 14 ANSWER to #10 Counterclaim of Defendants/Counter-Claimants BarkandBrews, Inc. dba La Jolla Brewhouse, Inc. and Claudette Mannix by Evanston Insurance Company.(Horst, Melissa) (mkz). |
| Filing 13 CERTIFICATE OF SERVICE by Evanston Insurance Company re #11 Answer to Counterclaim (Horst, Melissa) (tkl). |
| Filing 12 SUMMONS Returned Executed by Evanston Insurance Company. Emery Kauanui, Sr served on 12/2/2009, answer due 12/23/2009. (Firtch, Susan) (lao). |
| Filing 11 ANSWER to #6 Answer to Counterclaim of Def/Counterclaimant Cynthia Kauanui by Evanston Insurance Company.(Horst, Melissa) Modified on 12/21/2009, no pos (mkz). |
| Filing 10 ANSWER to #1 Complaint, with Jury Demand, COUNTERCLAIM against Evanston Insurance Company by Barkandbrew Inc, Claudette Mannix.(Brubaker, Alan) (mkz). |
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Filing 9
NOTICE and ORDER for Early Neutral Evaluation Conference: An Early Neutral Evaluation shall be held on January 22, 2010 at 10:00 a.m. in the Chambers of the Honorable Louisa S Porter. Signed by Magistrate Judge Louisa S Porter on 12/7/09. (pdc) (jrl).
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| Filing 8 SUMMONS Returned Executed by Evanston Insurance Company. Claudette Mannix served on 11/25/2009, answer due 12/16/2009. (Firtch, Susan) (mkz). |
| Filing 7 SUMMONS Returned Executed by Evanston Insurance Company. Barkandbrew Inc served on 11/25/2009, answer due 12/16/2009. (Firtch, Susan) (mkz). |
| Filing 6 ANSWER to Complaint, COUNTERCLAIM against Evanston Insurance Company by Cynthia Kauanui.(Arkin, Sharon) (mkz). |
| Filing 5 SUMMONS Returned Executed by Evanston Insurance Company. Cynthia Kauanui served on 11/10/2009, answer due 11/30/2009. (Firtch, Susan) (mkz). |
| Filing 4 ACKNOWLEDGEMENT OF SERVICE Executed as to #3 Notice of Party With Financial Interest, #2 Summons Issued, #1 Complaint, as to Defendant CYNTHIA KAUANUI Acknowledgement filed by Evanston Insurance Company. (Firtch, Susan) Modified on 11/18/2009, atty contacted re event (mkz). |
| Filing 3 NOTICE of Certification of Intersted Parties; Corporate Disclosure Statement by Evanston Insurance Company (mkz) |
| Filing 2 Summons Issued as to Barkandbrew Inc, DOES, Cynthia Kauanui, Emery Kauanui, Sr, Claudette Mannix. (mkz) |
| Filing 1 COMPLAINT against Barkandbrew Inc, Cynthia Kauanui, Emery Kauanui, Sr, Claudette Mannix, and DOES ( Filing fee $ 350 receipt number 6322.), filed by Evanston Insurance Company. (Attachments: #1 Complaint Exhibits 2 thru 4, #2 Complaint Exhibits 5 thru 6)(jer) (av1). |
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