Odyssey Reinsurance Company v. Nagby et al
Plaintiff: Odyssey Reinsurance Company
Defendant: Nagby, David Dostalik, Richard Keith Nagby, Diane Nagby, Cal-Regent Insurance Services Corporation, Claims Technology Services Corporation, Pacific Brokers Insurance Services and Amtrust North America, Inc.
Intervenor: Knight Insurance Company, Ltd.
Case Number: 3:2016cv03038
Filed: December 16, 2016
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: William V Gallo
Referring Judge: Barry Ted Moskowitz
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28 U.S.C. ยง 1332 op
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 28, 2018 Filing 204 RESPONSE in Opposition re #182 Ex Parte MOTION for Order to Show Cause why Defendant Diane Nagby should not be held in Contempt of Court, for Order Compelling Execution of Consent Directive, Transfer of Funds and Compliance with Discovery Demands filed by Diane Nagby. (Ramey, Christopher) (sjm).
December 20, 2018 Filing 203 MOTION to Intervene by Knight Insurance Company, Ltd.. (Attachments: #1 Declaration Dec of A. Shah ISO Mtn to Intervene, #2 Exhibit Exhibit A to Dec of A. Shah, #3 Declaration Dec of R. Tricker ISO Mtn to Intervene, #4 Exhibit Exh B to Dec of R. Tricker, #5 Exhibit Exh C to Dec of R. Tricker)(Vier, Christina) (sjm).
December 20, 2018 Filing 202 NOTICE to Withdraw Motion to Intervene by Knight Insurance Company, Ltd. re #200 MOTION to Intervene (Vier, Christina) (sjm).
December 20, 2018 Filing 201 Exhibit List re: Order to Show Cause Hearing by Diane Nagby.. (Ramey, Christopher) (sjm).
December 19, 2018 Filing 200 *** DOCUMENT WITHDRAWN PER NOTICE OF WITHDRAWAL #202 *** MOTION to Intervene by Knight Insurance Company, Ltd.. (Attachments: #1 Declaration Dec of A. Shah ISO Mtn to Intervene, #2 Exhibit Exhibit A to Dec of A. Shah, #3 Declaration Dec of R. Tricker ISO Mtn to Intervene, #4 Exhibit Exh B to Dec of R. Tricker, #5 Exhibit Exh C to Dec of R. Tricker)(Vier, Christina)Attorney Christina Vier added to party Knight Insurance Company, Ltd.(pty:intv) QC mailer sent re: s/ signature does not match CM/ECF filing account nor atty of record. Attorney to withdraw and refile (ajs). (sjm).
December 10, 2018 Opinion or Order Filing 199 ORDER TO SHOW CAUSE WHY DEFENDANT DIANE NAGBY SHOULD NOT BE HELD IN CONTEMPT OF COURT re: #182 Motion for Order to Show Cause. Signed by Judge Barry Ted Moskowitz on 12/10/2018. (All non-registered users served via U.S. Mail Service)(sjm)
November 28, 2018 Filing 198 Minute Entry for proceedings held before Judge Barry Ted Moskowitz: Order to Show Cause Hearing held on 11/28/2018, ( Order to Show Cause Hearing reset for 12/20/2018 10:30 AM before Judge Barry Ted Moskowitz.) TRO previously issued remains in effect. The witnesses that were served with subpoenas must reappear on 12/20/18 @ 10:30 a.m. Defense to serve the witness list and copies of exhibits and exhibits list by noon on 12/17/18.(Court Reporter/ECR James Pence). (Plaintiff Attorney Dean Kirby). (Defendant Attorney Christopher Ramey). (no document attached) (llb)
November 23, 2018 Filing 197 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11/7/2018 before Judge Barry Ted Moskowitz. Court Reporter/Transcriber: James C. Pence-Aviles. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 12/14/2018. Redacted Transcript Deadline set for 12/24/2018. Release of Transcript Restriction set for 2/21/2019. (akr)
November 21, 2018 Filing 196 RESPONSE in Opposition re #186 Ex Parte MOTION for Temporary Restraining Order , and Order to Show Cause Why a Preliminary Injunction should not Issue re Property at 2201 Weld Blvd., El Cajon, California and OSC for November 28, 2018 Heraing filed by Diane Nagby. (Attachments: #1 Supplement Lodgment, #2 Proof of Service)(Ramey, Christopher) (sjm).
November 14, 2018 Filing 195 TRIAL BRIEF Brief for Evidentiary Hearing re: Court's Order to Show Cause re Preliminary Injunction re Weld Blvd. Property, Court's Order to Show Cause re Preliminary Injunction re Caye Intl. Bank, Rich Uncles REIT, and Bitcoin, the Application of Odyssey re Requesting Order to Show Cause re Contempt of Injunction Order by Odyssey Reinsurance Company. (Attachments: #1 Notice of Lodgment of Deposition Excerpts, #2 Notice of Lodgment of Exhibits for Evidentiary Hearing, #3 Request for Judicial Notice at Evidentiary Hearing, #4 Proof of Service)(Kirby, Dean) (sjm).
November 7, 2018 Opinion or Order Filing 194 TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE re #186 . Order to Show Cause Hearing set for 11/28/2018 11:00 AM in Courtroom 15B before Judge Barry Ted Moskowitz. Signed by Judge Barry Ted Moskowitz on 11/7/2018.(sjm)
November 7, 2018 Filing 193 Minute Entry for proceedings held before Judge Barry Ted Moskowitz: Show Cause Hearing held on 11/7/2018; Order to follow; Evidentiary Hearing set for 11/28/2018 11:00 AM in Courtroom 15B before Judge Barry Ted Moskowitz. Moving Briefs due 2 weeks prior to the Hearing any opposition due 1 week prior to the hearing.(Court Reporter/ECR James Pence, Ellen Simone). (Plaintiff Attorney Dean Kirby; Kimberley Deede). (Defendant Attorney Christopher Ramey). (no document attached) (rfm)
November 7, 2018 Filing 192 RESPONSE in Opposition re #186 Ex Parte MOTION for Temporary Restraining Order , and Order to Show Cause Why a Preliminary Injunction should not Issue re Property at 2201 Weld Blvd., El Cajon, California filed by Diane Nagby. (Attachments: #1 Supplement Evidentiary Objections to Declaration of Kirby, #2 Supplement Evidentiary Objections to Deposition of Deede)(Ramey, Christopher) (sjm).
November 5, 2018 Opinion or Order Filing 191 ORDER PERMITTING DEFENDANT DIANE NAGBY TIME TO RESPOND TO PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND FOR ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE RE PROPERTY AT 2201 WELD BLVD EL CAJON, CALIFORNIA re #186 Response due by 11/7/2018. In addition, the court requests oral argument on this matter at the hearing already set in this case for 11/7/2018 at 10:30 a.m.. Signed by Judge Barry Ted Moskowitz on 11/5/2018.(sjm)
November 5, 2018 Filing 190 CERTIFICATE OF SERVICE by Odyssey Reinsurance Company re #171 Order on Motion for Order to Show Cause, #172 Order on Motion for TRO,, Order on Motion for Order to Show Cause, to Diane Nagby (Deede, Kimberley) (sjm).
November 5, 2018 Filing 189 NOTICE of Non-Opposition by Odyssey Reinsurance Company re #182 Ex Parte MOTION for Order to Show Cause why Defendant Diane Nagby should not be held in Contempt of Court, for Order Compelling Execution of Consent Directive, Transfer of Funds and Compliance with Discovery Demands (Deede, Kimberley) (sjm).
November 5, 2018 Filing 188 NOTICE of Non-Opposition by Odyssey Reinsurance Company re #167 Ex Parte MOTION for Order to Show Cause Why Defendant Diane Nagby Should Not be Held in Contempt of Court, for Temporary Restraining Order, and Order to Show Cause Why a Preliminary Injunction Should Not Issue MOTION for Temporary Restraining Order (Deede, Kimberley) (sjm).
November 2, 2018 Filing 187 DECLARATION re #186 Ex Parte MOTION for Temporary Restraining Order , and Order to Show Cause Why a Preliminary Injunction should not Issue re Property at 2201 Weld Blvd., El Cajon, California re Notice by Plaintiff Odyssey Reinsurance Company. (Kirby, Dean) (sjm).
November 2, 2018 Filing 186 Ex Parte MOTION for Temporary Restraining Order , and Order to Show Cause Why a Preliminary Injunction should not Issue re Property at 2201 Weld Blvd., El Cajon, California by Odyssey Reinsurance Company. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Dean T. Kirby, Jr., #3 Declaration of Kimberley V. Deede, #4 Request for Judicial Notice, #5 Proof of Service)(Kirby, Dean) sjm).
October 15, 2018 Opinion or Order Filing 185 ORDER PERMITTING DEFENDANT DIANE NAGBY TIME TO RESPOND TO PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE WHY DEFENDANT DIANE NAGBY SHOULD NOT BE HELD IN CONTEMPT OR COURT, FOR ORDER COMPELLING EXECUTION OF CONSENT DIRECTIVE, TRANSFER OF FUNDS, AND COMPLIANCE WITH DISCOVERY DEMANDS #182 . Response by Defendant Diane Nagby must be filed by 10/22/2018 at 11 am. Signed by Judge Barry Ted Moskowitz on 10/12/2018.(All non-registered users served via U.S. Mail Service)(sjm)
October 12, 2018 Opinion or Order Filing 184 ORDER CONTINUING PRETRIAL HEARING AND RELATED DATES re #183 Motion to Continue. Memorandum of Contentions of Fact and Law deadline of 10/24/2018 is continued to 1/22/2019. Proposed Pretrial Order deadline of 11/14/2018 is continued to 2/12/2019. Final Pretrial Conference scheduled for 11/28/2018 is continued to 2/26/2019 10:30 AM before Judge Barry Ted Moskowitz. Signed by Judge Barry Ted Moskowitz on 10/12/2018. (All non-registered users served via U.S. Mail Service)(sjm)
October 10, 2018 Filing 183 Joint MOTION to Continue of Pretrial Hearing and Related Dates by Odyssey Reinsurance Company. (Kirby, Dean) (sjm).
October 5, 2018 Filing 182 Ex Parte MOTION for Order to Show Cause why Defendant Diane Nagby should not be held in Contempt of Court, for Order Compelling Execution of Consent Directive, Transfer of Funds and Compliance with Discovery Demands by Odyssey Reinsurance Company. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Kimberley Deede In support, #3 Notice of Lodgment of Excerpts, #4 Notice of Lodgment of Orders, #5 Proof of Service)(Deede, Kimberley) (sjm).
September 28, 2018 Filing 181 MINUTE ORDER, Motions Submitted #140 MOTION for Order Directing Payment of Registry Funds to Plaintiff Odyssey Reinsurance Company and Modifying Order for Deposit of Funds into Court Registry by Amtrust North America, Inc., #165 MOTION for Summary Judgment (no document attached) (rfm)
September 24, 2018 Opinion or Order Filing 180 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Rejecting Document: Response to Subpoena. Non-compliance with local rule(s), OTHER: Civ L. Tule 83.9 - Ex Parte Communication is Prohibited. Signed by Judge Barry Ted Moskowitz on 9/21/2018.(sjm) (Additional attachment(s) added on 9/24/2018: #1 Ex Parte Letter) (sjm).
September 21, 2018 Filing 179 REPLY - Other re #165 MOTION for Summary Judgment to Opposition by Defendants Diane Nagby and Richard Nagby filed by Odyssey Reinsurance Company. (Deede, Kimberley) (sjm).
September 14, 2018 Filing 178 RESPONSE in Opposition re #165 MOTION for Summary Judgment filed by Richard Keith Nagby. (Attachments: #1 Declaration Declaration of Richard Keith Nagby, #2 Notice Notice of Lodgment, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D)(Ginder, Eric) (sjm).
September 14, 2018 Filing 177 RESPONSE in Opposition re #166 MOTION for Summary Judgment filed by Odyssey Reinsurance Company. (Attachments: #1 Declaration of Dean T. Kirby, Jr., #2 Declaration of Kimberley V. Deede, #3 Notice of Lodgment of Declaration Exhibits, #4 Notice of Lodgment of Excerpts from Deposition Transcripts, #5 Proof of Service)(Kirby, Dean) (sjm).
September 14, 2018 Filing 176 RESPONSE in Opposition re #165 MOTION for Summary Judgment filed by Diane Nagby. (Ramey, Christopher) (sjm).
August 30, 2018 Filing 175 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/8/2018 before Judge Barry Ted Moskowitz. Court Reporter/Transcriber: James C. Pence-Aviles. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/20/2018. Redacted Transcript Deadline set for 10/1/2018. Release of Transcript Restriction set for 11/28/2018. (akr)
August 27, 2018 Opinion or Order Filing 174 ORDER Granting #173 Joint Motion For Extension of Time To File Oppositions and Replies To Pending Motions For Summary Judgment. Oppositions re #165 and #166 are continued to September 14, 2018 and Replies re #165 and #166 are continued to September 21, 2018.. Signed by Judge Barry Ted Moskowitz on 8/27/2018. (sjm)
August 27, 2018 Filing 173 Joint MOTION for Extension of Time to File Oppositions and Replies to Pending Motions for Summary Judgment by Odyssey Reinsurance Company. (Attachments: #1 Proof of Service)(Kirby, Dean) (sjm).
August 10, 2018 Opinion or Order Filing 171 ORDER #167 To Show Cause Why Defendant Diane Nagby Should Not Be Held in Contempt of Court. Order to Show Cause Hearing set for 11/7/2018 10:30 AM in Courtroom 15B before Judge Barry Ted Moskowitz. Signed by Judge Barry Ted Moskowitz on 8/8/2018. (sjm)
August 8, 2018 Opinion or Order Filing 172 Temporary Restraining ORDER and to Show Cause Why a Preliminary Injunction Should Not Issue #167 . Order to Show Cause Hearing set for 11/7/2018 10:30 AM in Courtroom 15B before Judge Barry Ted Moskowitz. Signed by Judge Barry Ted Moskowitz on 8/8/2018. (sjm)
August 7, 2018 Filing 170 RESPONSE in Opposition re #167 Ex Parte MOTION for Order to Show Cause Why Defendant Diane Nagby Should Not be Held in Contempt of Court, for Temporary Restraining Order, and Order to Show Cause Why a Preliminary Injunction Should Not Issue filed by Diane Nagby. (Attachments: #1 Supplement Objections to Declaration of Kirby)(Ramey, Christopher) Q.C. Mailer regarding Timeliness (sjm).
August 7, 2018 Filing 169 NOTICE of Change of Hearing Time Only on Motion #167 Ex Parte MOTION for Order to Show Cause Why Defendant Diane Nagby Should Not be Held in Contempt of Court, for Temporary Restraining Order, and Order to Show Cause Why a Preliminary Injunction Should Not Issue : Motion Hearing is reset for 8/8/2018 11:30 AM in Courtroom 15B before Judge Barry Ted Moskowitz. (no document attached) (rfm)
August 2, 2018 Filing 168 NOTICE of Hearing on Motion #167 Ex Parte MOTION for Order to Show Cause Why Defendant Diane Nagby Should Not be Held in Contempt of Court, for Temporary Restraining Order, and Order to Show Cause Why a Preliminary Injunction Should Not Issue : Motion Hearing set for 8/8/2018 03:00 PM in Courtroom 15B before Judge Barry Ted Moskowitz. (no document attached) (rfm)
July 31, 2018 Filing 167 Ex Parte MOTION for Order to Show Cause Why Defendant Diane Nagby Should Not be Held in Contempt of Court, for Temporary Restraining Order, and Order to Show Cause Why a Preliminary Injunction Should Not Issue by Odyssey Reinsurance Company. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Declaration, #4 Notice of Lodgment of Deposition Excerpts, #5 Notice of Lodgment of Proposed Orders, #6 Declaration, #7 Proof of Service)(Kirby, Dean) (sjm). Added MOTION for Temporary Restraining Order, MOTION for Order to Show Cause on 8/10/2018 (sjt).
July 27, 2018 Filing 166 MOTION for Summary Judgment by Claims Technology Services Corporation, David Dostalik. (Attachments: #1 Notice Notice of Motion, #2 Declaration Declaration of David Dostalik, #3 Notice Notice of Lodgment, #4 Exhibit Exhibit A, #5 Statement of Facts, #6 Request for Judicial Notice)(Ginder, Eric) (sjm).
July 27, 2018 Filing 165 MOTION for Summary Judgment by Odyssey Reinsurance Company. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Declaration, #4 Notice of Lodgment of Exhibits, #5 Exhibit 800, #6 Exhibit 801, #7 Exhibit 802, #8 Exhibit 803, #9 Exhibit 804, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 61, #13 Exhibit 87, #14 Exhibit 99, #15 Exhibit 106, #16 Exhibit 107, #17 Exhibit 133, #18 Exhibit 151, #19 Exhibit 272, #20 Exhibit 299, #21 Exhibit 352, #22 Exhibit 441, #23 Exhibit 445, #24 Exhibit 446, #25 Exhibit 447, #26 Exhibit 483, #27 Exhibit 499, #28 Exhibit 502, #29 Exhibit 503, #30 Exhibit 504, #31 Exhibit 505, #32 Exhibit 507, #33 Exhibit 508, #34 Exhibit 528, #35 Exhibit 543, #36 Exhibit 761, #37 Exhibit 762, #38 Exhibit 765, #39 Exhibit 766, #40 Exhibit 767, #41 Exhibit 768, #42 Exhibit 770, #43 Exhibit 771, #44 Exhibit 772, #45 Exhibit 776, #46 Exhibit 781, #47 Exhibit 805, #48 Exhibit 806, #49 Exhibit 807, #50 Exhibit 808, #51 Request for Judicial Notice, #52 Exhibit 1-4, #53 Exhibit 26, #54 Exhibit 73, #55 Exhibit 133, #56 Exhibit 172, #57 Exhibit 547, #58 Exhibit 774, #59 Proof of Service)(Kirby, Dean) (sjm).
July 24, 2018 Filing 164 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/20/2018, before Judge Barry Ted Moskowitz. Court Reporter/Transcriber: James C. Pence-Aviles. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/14/2018. Redacted Transcript Deadline set for 8/24/2018. Release of Transcript Restriction set for 10/22/2018. (akr)
July 24, 2018 Filing 163 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/28/2018, before Judge Barry Ted Moskowitz. Court Reporter/Transcriber: James C. Pence-Aviles. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/14/2018. Redacted Transcript Deadline set for 8/24/2018. Release of Transcript Restriction set for 10/22/2018. (akr)
July 6, 2018 Filing 162 MINUTE ORDER, Motions Submitted #140 MOTION for Order Directing Payment of Registry Funds to Plaintiff Odyssey Reinsurance Company and Modifying Order for Deposit of Funds into Court Registry by Amtrust North America, Inc. (no document attached) (rfm)
June 29, 2018 Filing 161 REPLY - Other re #140 MOTION for Order Directing Payment of Registry Funds to Plaintiff Odyssey Reinsurance Company and Modifying Order for Deposit of Funds into Court Registry by Amtrust North America, Inc., #160 Response in Opposition to Motion, filed by Odyssey Reinsurance Company. (Attachments: #1 Request for Judicial Notice, #2 Proof of Service)(Kirby, Dean) (sjm).
June 22, 2018 Filing 160 RESPONSE in Opposition re #140 MOTION for Order Directing Payment of Registry Funds to Plaintiff Odyssey Reinsurance Company and Modifying Order for Deposit of Funds into Court Registry by Amtrust North America, Inc. filed by Richard Keith Nagby. (Attachments: #1 Declaration Declaration of Richard Nagby, #2 Request for Judicial Notice, #3 Supplement Notice of Lodgment, #4 Proof of Service)(Ginder, Eric)(mxn).
June 18, 2018 Opinion or Order Filing 159 SECOND ORDER Extending Document Production Deadline. The 6/15/2018 deadline for compliance with the Court's Order at Doc. No. #157 is again extended to 6/22/2018. Additionally, the corresponding two-day deadline to bring disputes to the Court's attention is extended to 6/26/2018. These deadlines will not be extended again. Signed by Magistrate Judge William V. Gallo on 6/18/2018.(mxn)
June 12, 2018 Opinion or Order Filing 158 ORDER Extending Document Production Deadline. The 6/4/2018 deadline for compliance with the Court's Order at Doc. No. #157 is extended to 6/15/2018. Additionally, the corresponding two-day deadline to bring disputes to the Court's attention is extended to 6/19/2018. Signed by Judge Barry Ted Moskowitz on 6/12/2018.(mxn)
June 4, 2018 Opinion or Order Filing 157 ORDER After May 21, 2018 and June 1, 2018 Discovery Conferences. Signed by Magistrate Judge William V. Gallo on 6/4/2018.(mxn)
June 1, 2018 Filing 156 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Discovery Conference held on 6/1/2018(no document attached) (ajf)
May 29, 2018 Filing 155 SUPPLEMENTAL BRIEFING by Defendants Claims Technology Services Corporation, David Dostalik and Richard Keith Nagby. (mxn)
May 25, 2018 Filing 154 SUPPLEMENTAL BRIEFING by Defendant Diane Nagby re #150 Order as to Discovery Expenses. (Ramey, Christopher)(mxn).
May 24, 2018 Opinion or Order Filing 153 ORDER Setting Discovery Conference. Telephonic Discovery Conference set for 6/1/2018 09:00 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 5/24/2018.(All non-registered users served via U.S. Mail Service)(sjt)
May 23, 2018 Opinion or Order Filing 152 SECOND AMENDED Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings (ECF No. #149 ). Signed by Magistrate Judge William V. Gallo on 5/23/2018. (mxn)
May 23, 2018 Filing 151 Plaintiff's Report on Third Party Computer Forensic Per Court Order by Odyssey Reinsurance Company.(mxn)
May 23, 2018 Opinion or Order Filing 150 ORDER. No later than 5:00 p.m. on 5/25/2018, Defendants shall file their positions on who should bear the cost of D4's service and why. Signed by Magistrate Judge William V. Gallo on 5/23/2018.(mxn)
May 23, 2018 Filing 149 Joint MOTION to Continue Discovery Dates Relating to Expert Witnesses by Odyssey Reinsurance Company. (Attachments: #1 Declaration, #2 Proof of Service)(Kirby, Dean)(mxn).
May 21, 2018 Filing 148 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Discovery Conference held on 5/21/2018(no document attached) (ajf)
May 21, 2018 Filing 147 DECLARATION by Defendant Richard Keith Nagby. (Ginder, Eric)(mxn).
May 21, 2018 Filing 146 NOTICE OF WITHDRAWAL OF DOCUMENT by Richard Keith Nagby . (Ginder, Eric) QC Mailer sent regarding incorrect PDF attachment; instructed to withdraw and refile (mxn).
May 21, 2018 Opinion or Order Filing 145 ORDER partially amending #139 Order on discovery disputes. Robert Nagby shall produce his personal tax returns no later than 5 p.m. on May 21, 2018. See Order for additional details.(ajf)
May 18, 2018 Filing 144 CERTIFICATE OF SERVICE by Odyssey Reinsurance Company re #140 MOTION for Order Directing Payment of Registry Funds to Plaintiff Odyssey Reinsurance Company and Modifying Order for Deposit of Funds into Court Registry by Amtrust North America, Inc. [Supplemental] (Kirby, Dean)(mxn).
May 18, 2018 Filing 143 NOTICE OF WITHDRAWAL Re #141 MOTION for Order Granting Leave to Amend Complaint by Odyssey Reinsurance Company. (Attachments: #1 Proof of Service)(Kirby, Dean) Modified docket text on 5/21/2018 (mxn).
May 18, 2018 Filing 142 DECLARATION by Defendant Richard Keith Nagby. (Ginder, Eric) QC Mailer sent regarding missing signature; instructed to withdraw and refile (mxn).
May 17, 2018 Filing 141 ***DOCUMENT WITHDRAWN PER #143 NOTICE OF WITHDRAWAL*** MOTION for Order Granting Leave to Amend Complaint by Odyssey Reinsurance Company. (Attachments: #1 Notice, #2 Memo of Points and Authorities, #3 Notice of Lodgment, #4 Proof of Service)(Kirby, Dean)(mxn). Modified to withdraw on 5/21/2018 (mxn).
May 17, 2018 Filing 140 MOTION for Order Directing Payment of Registry Funds to Plaintiff Odyssey Reinsurance Company and Modifying Order for Deposit of Funds into Court Registry by Amtrust North America, Inc. by Odyssey Reinsurance Company. (Attachments: #1 Notice, #2 Memo of Points and Authorities, #3 Declaration, #4 Request for Judicial Notice, #5 Proof of Service)(Kirby, Dean)(mxn).
May 14, 2018 Opinion or Order Filing 139 ORDER After Telephonic Discovery Conference. A follow-up telephonic discovery conference is set for 5/21/2018 at 2:00 PM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 5/14/2018.(mxn)
May 10, 2018 Filing 138 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Discovery Conference held on 5/10/2018(no document attached) (ajf)
May 4, 2018 Opinion or Order Filing 137 PRELIMINARY INJUNCTION ORDER. Signed by Judge Barry Ted Moskowitz on 5/4/2018. (mxn)
May 1, 2018 Filing 136 NOTICE of Appearance by Christopher L Ramey on behalf of Diane Nagby (Attachments: #1 Proof of Service)(Ramey, Christopher)Attorney Christopher L Ramey added to party Diane Nagby(pty:cd), Attorney Christopher L Ramey added to party Diane Nagby(pty:dft), Attorney Christopher L Ramey added to party Diane Nagby(pty:crc)(mxn).
April 27, 2018 Filing 135 RESPONSE re #133 Supplemental Briefing, filed by Nagby Robert. (Attachments: #1 Proof of Service)(Ginder, Eric)(mxn).
April 26, 2018 Opinion or Order Filing 134 ORDER on Discovery Dispute (Diane Nagby's Objections to Third-Party Subpoenas)(ECF Nos. #121 , #129 , #132 ). Signed by Magistrate Judge William V. Gallo on 4/26/2018.(mxn)
April 25, 2018 Filing 133 SUPPLEMENTAL BRIEFING by Plaintiff Odyssey Reinsurance Company re Enforcement of Subpoena served on Robert Nagby, Nos. 42 and 44. (Attachments: #1 Declaration of Kimberley Deede in Support, #2 Notice of Lodgment, #3 Proof of Service)(Deede, Kimberley)(mxn).
April 25, 2018 Filing 132 NOTICE of Lodgment by Odyssey Reinsurance Company re #129 Response - Other, to Diane Nagby's Objection to Plaintiff Deposing Barbara Hopper, CPA and retaining Diane Nagby's Expert Barbara Hopper (Deede, Kimberley)(mxn).
April 24, 2018 Filing 131 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Mandatory Settlement Conference held on 4/23/2018. Case did not resolve.(no document attached) (ajf)
April 23, 2018 Filing 129 RESPONSE re #121 Objection to Plaintiff Deposing Barbara Hopper, CPA and retaining Diane Nagby's Expert Barbara Hopper filed by Odyssey Reinsurance Company. (Attachments: #1 Declaration of Kimberley Deed in Support, #2 Proof of Service)(Deede, Kimberley)(mxn).
April 23, 2018 Opinion or Order Filing 128 Notice of Document Discrepancies and Order Thereon by Magistrate Judge William V. Gallo Rejecting Document: Diane Nagby Mandatory Settlement Conference Statement from Defendant Diane Nagby. Non-compliance with local rule(s), OTHER: FRcvP 15 Supplemental documents require court order; Confidential settlement conference statements are not to be filed. Rejected document was returned to the filer. Signed by Magistrate Judge William V. Gallo on 4/23/2018.(All non-registered users served via U.S. Mail Service)(mxn) (Additional attachment(s) added on 4/23/2018: #1 Rejected Document) (mxn).
April 20, 2018 Filing 130 Minute Entry for proceedings held before Judge Barry Ted Moskowitz: Show Cause Hearing held on 4/20/2018; Oral stipulation entered, Plaintiff's counsel to prepare and order approving the stipulation; Plaintiff has leave to file a redacted declaration and an exhibit. (Court Reporter/ECR James Pence, Ellen Simone). (Plaintiff Attorney Dean Kirby). (Defendant Attorney Christopher Ramey S/A for Diane Nagby). (no document attached) (rfm)
April 20, 2018 Filing 127 CERTIFICATE OF SERVICE by Odyssey Reinsurance Company re #125 MOTION for Temporary Restraining Order, #126 Declaration, #123 Temporary Restraining Order,, Set Deadlines/Hearings, (Kirby, Dean)(mxn).
April 20, 2018 Filing 126 AMENDED DECLARATION re #125 MOTION for Temporary Restraining Order, #123 Temporary Restraining Order,, Set Deadlines/Hearings, Amended Declaration with Redacted Exhibit by Plaintiff Odyssey Reinsurance Company. (Kirby, Dean)(mxn).
April 20, 2018 Filing 125 EX PARTE MOTION for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Issue by Odyssey Reinsurance Company. (Attachments: #1 Memo of Points and Authorities, #2 Lodgment of Proposed Order)(mxn)
April 17, 2018 Opinion or Order Filing 123 TEMPORARY RESTRAINING ORDER and for Order to Show Cause Why Preliminary Injunction Should Not Issue. Order to Show Cause Hearing set for 4/20/2018 at 3:00 PM in Courtroom 15B before Judge Barry Ted Moskowitz. Signed by Judge Barry Ted Moskowitz on 4/17/2018.(mxn)
April 17, 2018 Opinion or Order Filing 122 ORDER re: compliance with discovery obligations and potential discovery disputes.(ajf)
April 11, 2018 Filing 121 OBJECTION to Plaintiff Odyssey Deposing Barbara Hopper, CPA and Retaining Diane Nagby's Expert Barbara Hopper. Nunc Pro Tunc 4/10/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(mxn)
April 11, 2018 Opinion or Order Filing 120 Notice of Document Discrepancies and Order Thereon by Magistrate Judge William V. Gallo Accepting Document: Objection to Plaintiff, from Defendant Diane Nagby. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. Nunc Pro Tunc 4/10/2018. Plaintiff's response/opposition (5 pages maximum) to the objection shall be filed no later than 4/23/2018. Signed by Magistrate Judge William V. Gallo on 4/11/2018.(mxn)
April 5, 2018 Opinion or Order Filing 119 ORDER Rescheduling Mandatory Settlement Conference. Mandatory Settlement Conference set for 4/24/2018 is vacated and reset to 4/23/2018 at 2:00 PM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 4/5/2018. (mxn)
April 5, 2018 Filing 118 NOTICE of Withdrawal of Application for Order to Show Cause as to Suzanne Werden by Odyssey Reinsurance Company re #116 MOTION for Order to Show Cause as to Why Suzanne Werden Should not be held in Contempt for Failure to Comply with Subpoena to Produce Documents (Deede, Kimberley) Atty contacted re incorrect event (mxn).
April 2, 2018 Opinion or Order Filing 117 ORDER Granting Plaintiff's #112 Motion for Protective Order. Signed by Magistrate Judge William V. Gallo on 4/2/2018. (mxn)
March 30, 2018 Filing 116 ***DOCUMENT WITHDRAWN PER #118 NOTICE OF WITHDRAWAL*** MOTION for Order to Show Cause as to Why Suzanne Werden Should not be held in Contempt for Failure to Comply with Subpoena to Produce Documents by Odyssey Reinsurance Company. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Kimberley V. Deede in Support of Motion, #3 Proof of Service)(Deede, Kimberley)(mxn). Modified to withdraw on 4/6/2018 (mxn).
March 29, 2018 Opinion or Order Filing 115 ORDER re #108 Response - Other filed by Richard Keith Nagby, #111 Supplemental Briefing filed by John Scannell, #107 Supplemental Briefing filed by Odyssey Reinsurance Company. Signed by Magistrate Judge William V. Gallo on 3/29/2018.(mxn)
March 29, 2018 Filing 114 CERTIFICATE OF SERVICE by Odyssey Reinsurance Company re #113 Order, (Deede, Kimberley) (jjg).
March 29, 2018 Opinion or Order Filing 113 ORDER Re: Plaintiff's Ex Parte Motion for a Protective Order (ECF No. #112 ). Any response to Plaintiff's ex parte motion for a protective order shall be filed no later than 8:00 a.m. on 4/2/2018. Plaintiff is hereby ordered to immediately serve this Order via electronic mail and fax, if available, upon Defendant Diane Nagby and any affected nonparty. Signed by Magistrate Judge William V. Gallo on 3/29/2018.(mxn)
March 29, 2018 Filing 112 MOTION for Protective Order by Odyssey Reinsurance Company. (Attachments: #1 Declaration of Dean T. Kirby, Jr. in Support, #2 Proof of Service)(Deede, Kimberley) (jjg).
March 15, 2018 Filing 111 SUPPLEMENTAL BRIEFING by Objector John Scannell re: Subpoenas. (Attachments: #1 Declaration)(Ramey, Christopher) (jpp).
March 12, 2018 Opinion or Order Filing 110 AMENDED SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings (ECF No. #106 ). Mandatory Settlement Conference set for 4/24/2018 at 2:00 PM before Magistrate Judge William V. Gallo. Memorandum of Contentions of Fact and Law due by 10/24/2018, if needed. Proposed Pretrial Order due by 11/14/2018. The final Pretrial Conference is scheduled on the calendar of the Honorable Barry Ted Moskowitz on 11/28/2018 at 3:30 p.m. Signed by Magistrate Judge William V. Gallo on 3/12/2018. (mxn)
March 12, 2018 Filing 109 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Conference held on 3/12/2018(no document attached) (ajf)
March 12, 2018 Filing 108 RESPONSE re #107 Supplemental Briefing filed by Richard Keith Nagby. (Attachments: #1 Proof of Service)(Ginder, Eric)(mxn).
March 12, 2018 Filing 107 SUPPLEMENTAL BRIEFING by Plaintiff Odyssey Reinsurance Company re Subpoenas to John V. Scannell and Scannell & Associates PC. (Attachments: #1 Declaration of Kimberley V. Deede, #2 Proof of Service)(Deede, Kimberley)(mxn).
March 8, 2018 Filing 106 Ex Parte MOTION to Continue Certain Discovery Deadlines and to Reschedule Settlement Conference and Expert Deadlines by Odyssey Reinsurance Company. (Attachments: #1 Declaration of Kimberley V. Deede in Support, #2 Declaration of Kimberley V. Deede re: Notice in Support, #3 Proof of Service)(Deede, Kimberley) (acc).
March 5, 2018 Opinion or Order Filing 105 ORDER Certifying Judgment as Final. Signed by Judge Barry Ted Moskowitz on 3/5/2018. (mxn)
March 1, 2018 Filing 104 NOTICE of Lodgment by Odyssey Reinsurance Company re #82 Judgment Order Certifying Judgment as Final (Attachments: #1 Proof of Service)(Kirby, Dean) Atty contacted re ECF Section 2(h) - attached proposed order; instructed to withdraw and refile (mxn).
February 28, 2018 Filing 103 Minute Entry for proceedings held before Judge Barry Ted Moskowitz: Motion Hearing held on 2/28/2018 re #94 MOTION for Release of Funds filed by Diane Nagby, #96 MOTION for Order Certifying Judgment as Final, as to Defendants Pacific Brokers Insurance Services and Cal-Regent Insurance Services filed by Odyssey Reinsurance Company. Order to follow. (Court Reporter/ECR James Pence). (Plaintiff Attorney Dean Kirby). (Defendant Attorney Eric Ginder; Diane Nagby, Pro Se). (no document attached) (rfm)
February 28, 2018 Opinion or Order Filing 102 ORDER Denying Defendant's #94 Motion to Release Funds. Signed by Judge Barry Ted Moskowitz on 2/28/2018. (mxn)
February 28, 2018 Opinion or Order Filing 101 Protective Order. Signed by Magistrate Judge William V. Gallo on 2/28/2018. (mxn)
February 28, 2018 Filing 100 Joint MOTION for Protective Order by Odyssey Reinsurance Company. (Attachments: #1 Proof of Service)(Kirby, Dean)(mxn).
February 20, 2018 Filing 99 Defendant's Reply to Plaintiff Odyssey's Response Regarding Proposed Order to Release Funds, Set for Oral Argument filed by Diane Nagby. (mxn) (Additional attachment(s) added on 2/20/2018: #1 Table of Contents for Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proof of Service) (mxn).
February 14, 2018 Filing 98 RESPONSE in Opposition re #94 MOTION for Release of Funds filed by Richard Keith Nagby. (Attachments: #1 Proof of Service)(Ginder, Eric)(mxn).
February 14, 2018 Filing 97 RESPONSE in Opposition re #94 MOTION for Release of Funds filed by Odyssey Reinsurance Company. (Attachments: #1 Request for Judicial Notice, #2 Proof of Service)(Kirby, Dean)(mxn).
January 12, 2018 Filing 96 MOTION for Order Certifying Judgment as Final, as to Defendants Pacific Brokers Insurance Services and Cal-Regent Insurance Services by Odyssey Reinsurance Company. (Attachments: #1 Notice of Motion, #2 Memo of Points and Authorities In Support, #3 Proof of Service)(Kirby, Dean)(mxn).
January 8, 2018 Opinion or Order Filing 95 ORDER Setting Defendant's Motion for Oral Argument (ECF No. #94 ). The Court hereby calendars Mrs. Nagby's motion for 2/28/2018 at 2:00 p.m before Judge Barry Ted Moskowitz. The parties shall file responses to the motion by 2/14/2018. Mrs. Nagby may file a reply by 2/21/2018. Signed by Judge Barry Ted Moskowitz on 1/8/2018.(All non-registered users served via U.S. Mail Service)(mxn)
January 8, 2018 Filing 94 MOTION for Release of $164,232.57 Held by Clerk of Court, U.S. District Court by Diane Nagby. Nunc Pro Tunc 1/2/2018. (mxn)
January 8, 2018 Opinion or Order Filing 93 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Document: Motion RE: Request for Release of $164,232.57 Held by Clerk of Court, from Defendant Diane Nagby. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 1/2/2018. Signed by Judge Barry Ted Moskowitz on 1/8/2018.(All non-registered users served via U.S. Mail Service)(mxn)
January 5, 2018 Opinion or Order Filing 92 Order Rescheduling Mandatory Settlement Conference. A Mandatory Settlement Conference shall be conducted on April 23, 2018, at 2:00 p.m. in the chambers of Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 1/5/2018. (All non-registered users served via U.S. Mail Service)(jjg)
November 13, 2017 Opinion or Order Filing 91 ORDER Denying #63 Motion to Dismiss for Failure to State a Claim as Moot. Signed by Judge Barry Ted Moskowitz on 11/13/2017. (mxn)
November 13, 2017 Opinion or Order Filing 90 Order Striking Document re #89 Supplemental Document filed by Diane Nagby. Signed by Judge Barry Ted Moskowitz on 11/13/2017.(mxn) (Additional attachment(s) added on 11/13/2017: #1 Stricken Document) (mxn).
November 7, 2017 Filing 89 Statement of Position and Facts by Diane Nagby. Nunc Pro Tunc 10/31/2017. (mxn) (Main Document 89 replaced on 11/13/2017) (mxn).
November 7, 2017 Opinion or Order Filing 88 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Document: Statement and Position of Facts of Diane Nagby, from Defendant Diane Nagby. Non-compliance with local rule(s), OTHER: CivLR 5.2 Missing Proof of Service. Nunc Pro Tunc 10/31/2017. Signed by Judge Barry Ted Moskowitz on 11/7/2017.(mxn)
October 31, 2017 Opinion or Order Filing 87 SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. A Case Management Conference was held on 10/30/2017. Mandatory Settlement Conference set for 4/24/2018 at 2:00 PM in the chambers of Magistrate Judge William V. Gallo. Memorandum of Contentions of Fact and Law due by 10/24/2018, if needed. Proposed Pretrial Order due by 11/14/2018. Final Pretrial Conference set for 11/28/2018 at 3:30 PM before Judge Barry Ted Moskowitz. Signed by Magistrate Judge William V. Gallo on 10/31/2017.(All non-registered users served via U.S. Mail Service)(mxn)
October 31, 2017 Filing 86 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/6/2017, before Judge Barry Ted Moskowitz. Court Reporter/Transcriber: James C. Pence-Aviles. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/21/2017. Redacted Transcript Deadline set for 12/1/2017. Release of Transcript Restriction set for 1/29/2018. (All non-registered users served via U.S. Mail Service. Notice of electronic filing only.) (akr)
October 31, 2017 Filing 85 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Early Neutral Evaluation Conference and Case Management Conference held on 10/31/2017. Scheduling Order to follow.(no document attached) (ajf)
October 27, 2017 Opinion or Order Filing 84 ORDER Dismissing Second Amended Complaint Against Defendant Amtrust North America, Inc. Only, Without Prejudice. Signed by Judge Barry Ted Moskowitz on 10/27/2017. (mxn)
October 27, 2017 Opinion or Order Filing 83 ORDER Regarding Bond. On 10/11/2017, Plaintiff filed a memorandum of points and authorities in support of its request to waive bond on the preliminary injunction (ECF No. #75 ). Defendants have filed no opposition. After reviewing Plaintiffs papers, the Court finds that no bond is necessary. Signed by Judge Barry Ted Moskowitz on 10/27/2017.(mxn)
October 27, 2017 Filing 82 JUDGMENT as to Defendants Pacific Brokers Insurance Services and Cal-Regent Insurance Services Corporation. Signed by Judge Barry Ted Moskowitz on 10/27/2017.(mxn)
October 25, 2017 Filing 81 Joint MOTION to Dismiss Defendant Amtrust North America, Inc. in Second Amended Complaint without Prejudice by Odyssey Reinsurance Company. (Kirby, Dean)
October 18, 2017 Filing 80 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Conference re any pre-ENE issues held on 10/18/2017(no document attached) (ajf)
October 16, 2017 Opinion or Order Filing 79 ORDER Rescheduling Only Time of Telephonic Status Conferences. Status Conference rescheduled for 10/18/2017 at 9:00 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 10/16/2017.(mxn) (sjm).
October 16, 2017 Opinion or Order Filing 78 ORDER Granting #77 Defendant Amtrust North America, Inc.'s Ex Parte Application for its Representative to Appear Telephonically for the Early Neutral Evaluation Conference. Signed by Magistrate Judge William V. Gallo on 10/16/2017. (All non-registered users served via U.S. Mail Service)(mxn)
October 12, 2017 Filing 77 Ex Parte MOTION for Leave to Appear Telephonically for the Early Neutral Evaluation Conference, or in the alternative, to Continue the Early Neutral Evaluation Conference by Amtrust North America, Inc.. (Attachments: #1 Declaration of Steve T. Coopersmith, #2 Proof of Service)(Coopersmith, Steven) QC email sent re: untimely documents and lacking memorandum of points and authorities (mxn).
October 11, 2017 Filing 76 DECLARATION re #68 Order on Motion for Default Judgment,,, Order on Motion for Preliminary Injunction,,, Order on Motion for TRO,, Supplemental Declaration of Dean T. Kirby, Jr. re Post-Judgment Interest by Plaintiff Odyssey Reinsurance Company. (Kirby, Dean)(mxn).
October 11, 2017 Filing 75 SUPPLEMENTAL DOCUMENT by Odyssey Reinsurance Company re #69 Preliminary Injunction Memorandum of Points and Authorities in Support of Request to Waive Bond on Preliminary Injunction. (Kirby, Dean)(mxn).
October 10, 2017 Opinion or Order Filing 74 ORDER Granting Leave to Deposit Funds into Court Registry by Defendant Amtrust North America, Inc. Signed by Judge Barry Ted Moskowitz on 10/10/2017.(mxn)
October 6, 2017 Filing 73 Minute Order. for proceedings held before Judge Barry Ted Moskowitz:granting #51 Motion to Withdraw as Attorney. Attorney Robert Dale Sheehan terminated; Status Conference held on 10/6/2017. (Court Reporter/ECR James Pence). (Plaintiff Attorney Dean Kirby; Robert Sheehan(Telephonic)).(Defendant Attorney Steven Coopersmith; Dian Nagby (Pro Se); Phillipa Grumbley; Eric Ginder). (no document attached) (rfm)
October 5, 2017 Filing 72 CERTIFICATE OF SERVICE by Diane Nagby re #70 Order, Set Hearings on Diane Nagby (Sheehan, Robert)(mxn).
October 5, 2017 Opinion or Order Filing 71 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Rejecting Document: Request to Appear Telephonically, from Defendant Diane Nagby. Non-compliance with local rule(s), Civ. L. Rule 5.4: Document not filed electronically. Notice of Noncompliance already issued, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Civ.L.Rule 5.2 - Missing certificate of service. Signed by Judge Barry Ted Moskowitz on 10/5/2017.(mxn) (Additional attachment(s) added on 10/5/2017: #1 Rejected Document) (mxn).
October 4, 2017 Opinion or Order Filing 70 ORDER Setting Status Conference for October 6, 2017 at 11:00 AM before Judge Barry Ted Moskowitz. Signed by Judge Barry Ted Moskowitz on 10/04/2017.(jcj)
October 4, 2017 Opinion or Order Filing 69 INJUNCTION ORDER. Signed by Judge Barry Ted Moskowitz on 10/04/2017.(jcj)
October 4, 2017 Opinion or Order Filing 68 ORDER Granting Plaintiff's #41 Motion for Default Judgment against PBIS in the amount of $3,200,000.00 plus post-judgment interest. The Court also Grants Plaintiff's #41 Motion for Preliminary Injunction against the Nagbys. Plaintiff's #66 Emergency Motion for Temporary Restraining Order is Denied as Moot. Plaintiff is ordered to file a request for post-judgment interest by October 10, 2017. Any objections should be filed by noon on October 13, 2017. Signed by Judge Barry Ted Moskowitz on 10/04/2017. (jcj)
October 4, 2017 Filing 67 DECLARATION re #66 Emergency MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction should not Issue by Plaintiff Odyssey Reinsurance Company. (Kirby, Dean)(mxn).
October 4, 2017 Filing 66 Emergency MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction should not Issue by Odyssey Reinsurance Company. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Kirby, Dean)(mxn).
October 4, 2017 Filing 65 CERTIFICATE OF SERVICE by Diane Nagby re #64 Order, on Diane Nagby (Sheehan, Robert)(mxn).
September 29, 2017 Filing 64 Motion Setting Oral Argument. All parties to the motion (ECF No. #51 ) shall appear before the Court on 10/6/2017 at 11:00 a.m., at which time the Court will hear oral arguments on Mr. Sheehans motion to withdraw. Signed by Judge Barry Ted Moskowitz on 9/29/2017.(mxn)
September 29, 2017 Filing 63 MOTION to Dismiss for Failure to State a Claim by Amtrust North America, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service)(Coopersmith, Steven)Attorney Steven Todd Coopersmith added to party Amtrust North America, Inc.(pty:dft)(mxn).
September 29, 2017 Filing 62 RESPONSE in Support re #51 MOTION to Withdraw as Attorney filed by Diane Nagby. (Sheehan, Robert)(mxn).
September 29, 2017 Filing 61 NOTICE OF WITHDRAWAL OF DOCUMENT by Diane Nagby re #60 Reply to Response to Motion filed by Diane Nagby . (Sheehan, Robert)(mxn).
September 28, 2017 Filing 60 ***DOCUMENT WITHDRAWN PER #61 NOTICE OF WITHDRAWAL*** REPLY to Response to Motion re #51 MOTION to Withdraw as Attorney filed by Diane Nagby. (Sheehan, Robert) QC email sent re: incorrect event selected (mxn). Modified to withdraw on 10/2/2017 (mxn).
September 26, 2017 Filing 59 RESPONSE re #54 Order Setting Hearing on Motion filed by Diane Nagby. Nunc Pro Tunc 9/21/2017. (mxn)
September 26, 2017 Opinion or Order Filing 58 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Document: Response to Order Setting Hearings to Allow Sheehan & Associates to Withdraw, from Defendant Diane Nagby. Non-compliance with local rule(s), OTHER: Civ.L. Rule 5.2 - Missing proof of service. Nunc Pro Tunc 9/21/2017. Signed by Judge Barry Ted Moskowitz on 9/26/2017.(All non-registered users served via U.S. Mail Service)(mxn)
September 22, 2017 Opinion or Order Filing 57 ORDER (1) Denying as Moot #47 Motion for Expedited Discovery; (2) For Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation Conference and Case Management Conference set for 10/30/2017 at 2:00 PM in Courtroom 2A before Magistrate Judge William V. Gallo. The Court will hold an attorneys-only telephonic status conference with each party separately on 10/18/2017 at 12 PM before Magistrate Judge William V. Gallo. Joint Proposed Discovery due by 10/23/2017. Signed by Magistrate Judge William V. Gallo on 9/22/2017. (All non-registered users served via U.S. Mail Service)(mxn)
September 22, 2017 Filing 56 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Discovery Hearing held on 9/22/2017(no document attached) (ajf)
September 19, 2017 Filing 55 CERTIFICATE OF SERVICE by Diane Nagby (Sheehan, Robert)(mxn).
September 13, 2017 Opinion or Order Filing 54 ORDER Setting Hearing. #51 Motion to Withdraw as Attorney Hearing set for 10/6/2017 at 11:00 AM before Judge Barry Ted Moskowitz. Mrs. Nagby has until 9/22/2017 to file a response. Unless the Court directs otherwise, this matter will be resolved without oral argument and personal appearances are unnecessary. Signed by Judge Barry Ted Moskowitz on 9/13/2017.(All non-registered users served via U.S. Mail Service)(mxn)
September 8, 2017 Filing 53 REPLY to Response to Motion re #47 MOTION for Discovery for Order Permitting Expedited Discovery filed by Odyssey Reinsurance Company. (Deede, Kimberley)(mxn).
September 1, 2017 Filing 52 RESPONSE in Opposition re #47 MOTION for Discovery for Order Permitting Expedited Discovery filed by Richard Keith Nagby. (Attachments: #1 Proof of Service, #2 Declaration Declaration of Richard Nagby, #3 Declaration Declaration of David Dostalik)(Ginder, Eric)(mxn).
August 31, 2017 Filing 51 MOTION to Withdraw as Attorney by Diane Nagby. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service)(Sheehan, Robert)(mxn).
August 31, 2017 Filing 50 RESPONSE in Opposition re #47 MOTION for Discovery for Order Permitting Expedited Discovery filed by Diane Nagby. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Proof of Service)(Sheehan, Robert) QC email sent re: missing hearing date and time (mxn).
August 23, 2017 Opinion or Order Filing 49 ORDER Extending Time for Defendant AmTrust North America, Inc. to Respond to Complaint (ECF No. #46 ). It is ordered that the time of AmTrust to respond to the Second Amended Complaint is extended to and including 10/1/2017. Signed by Judge Barry Ted Moskowitz on 8/22/2017. (All non-registered users served via U.S. Mail Service)(mxn)
August 23, 2017 Opinion or Order Filing 48 ORDER Setting Briefing Schedule on Plaintiff's #47 MOTION for Expedited Discovery. Responses in Opposition to motion shall be filed on or before 9/1/2017. Any reply shall be filed on or before 9/8/2017. Signed by Magistrate Judge William V. Gallo on 8/23/2017.(All non-registered users served via U.S. Mail Service)(mxn)
August 22, 2017 Filing 47 MOTION for Discovery for Order Permitting Expedited Discovery by Odyssey Reinsurance Company. (Attachments: #1 Notice of Motion, #2 Memo of Points and Authorities, #3 Declaration of Kimberley V. Deede, #4 Request for Oral Argument, #5 Request for Judicial Notice w Exhibits 1-17, #6 Exhibit 18 - 37, #7 Notice of Lodgment, #8 Proof of Service)(Deede, Kimberley) QC email sent re: untimely documents (mxn).
August 18, 2017 Filing 46 Joint MOTION for Extension of Time to File Response/Reply as to #24 Amended Complaint for Amtrust North America, Inc. by Odyssey Reinsurance Company. (Kirby, Dean) QC email sent re: attorney not associated with party (mxn).
August 11, 2017 Filing 45 MINUTE ORDER, Motions Submitted #41 MOTION for Default Judgment against Pacific Brokers Insurance Services and Cal-Regent Insurance Services Corporation MOTION for Preliminary Injunction Against Defendants Richard Nagby and Diane Nagby (no document attached) (rfm)
August 4, 2017 Filing 44 REPLY to Response to Motion re #41 MOTION for Default Judgment against Pacific Brokers Insurance Services and Cal-Regent Insurance Services Corporation MOTION for Preliminary Injunction Against Defendants Richard Nagby and Diane Nagby filed by Odyssey Reinsurance Company. (Attachments: #1 Supplemental Declaration of Dean T. Kirby, Jr., #2 Supplemental Declaration of Dayle E. Day, #3 Supplemental Request for Judicial Notice, #4 Proof of Service)(Kirby, Dean)(mxn).
July 28, 2017 Filing 43 RESPONSE in Opposition re #41 MOTION for Default Judgment against Pacific Brokers Insurance Services and Cal-Regent Insurance Services Corporation MOTION for Preliminary Injunction Against Defendants Richard Nagby and Diane Nagby filed by Richard Keith Nagby. (Attachments: #1 Declaration Declaration of Richard Nagby, #2 Declaration Declaration of David Dostalik, #3 Request for Judicial Notice, #4 Proof of Service, #5 Exhibit Exhibit 1 to Nagby Declaration)(Ginder, Eric)(mxn).
July 28, 2017 Filing 42 RESPONSE in Opposition re #41 MOTION for Default Judgment against Pacific Brokers Insurance Services and Cal-Regent Insurance Services Corporation MOTION for Preliminary Injunction Against Defendants Richard Nagby and Diane Nagby filed by Diane Nagby. (Attachments: #1 Memo of Points and Authorities Memo of Points and Authorities, #2 Request for Judicial Notice Request for Judicial Notice, #3 Proof of Service Proof of Service)(Sheehan, Robert) Qc emailer sent re: missing hearing date and time (mxn).
July 7, 2017 Filing 41 MOTION for Default Judgment against Pacific Brokers Insurance Services and Cal-Regent Insurance Services Corporation , MOTION for Preliminary Injunction Against Defendants Richard Nagby and Diane Nagby by Odyssey Reinsurance Company. (Attachments: #1 Notice Notice of Motion, #2 Memo of Points and Authorities, #3 Declaration of Lisa Keenan, #4 Declaration of James J. Reardon, Jr., #5 Declaration Dean T. Kirby, Jr., #6 Request for Judicial Notice, #7 Proof of Service)(Kirby, Dean) qc email re motion hearing date/time should be on initial page in future filings instead of on the first attachment on 7/11/2017 (rlu).
June 30, 2017 Opinion or Order Filing 40 ORDER Granting #39 Joint Motion for Extension of Time to Respond. Amtrust North America, Inc. shall respond to the Second Amended Complaint no later than 9/1/2017. Signed by Judge Barry Ted Moskowitz on 6/30/2017. (All non-registered users served via U.S. Mail Service)(rlu)
June 26, 2017 Filing 39 Joint MOTION for Extension of Time to File Answer re #24 Amended Complaint by Odyssey Reinsurance Company. (Attachments: #1 Proof of Service)(Kirby, Dean)(rlu).
May 31, 2017 Filing 38 Clerk's ENTRY OF DEFAULT as to Cal-Regent Insurance Services Corporation, Pacific Brokers Insurance Services. (All non-registered users served via U.S. Mail Service)(rlu)
May 30, 2017 Filing 37 Request for Entry of Clerk Default as to Pacific Brokers Insurance Services by Odyssey Reinsurance Company. (Attachments: #1 Declaration of Kimberley V. Deede in Support, #2 Proof of Service)(Deede, Kimberley) qc email re incorrect event and modified text on 5/31/2017 (rlu).
May 30, 2017 Filing 36 Request for Entry of Clerk Default as to Cal-Regent Insurance Services Corporation by Odyssey Reinsurance Company. (Attachments: #1 Declaration of Kimberley V. Deede in Support, #2 Proof of Service)(Deede, Kimberley)Attorney Kimberley V. Deede added to party Odyssey Reinsurance Company (pty:pla) qc email re incorrect event and modified text on 5/31/2017 (rlu).
May 8, 2017 Filing 35 SUMMONS Returned Executed by Odyssey Reinsurance Company. Pacific Brokers Insurance Services served. (Kirby, Dean) (jpp).
May 2, 2017 Filing 34 WAIVER OF SERVICE Returned Executed by Odyssey Reinsurance Company, as to Amtrust North America, Inc.. (Kirby, Dean)(rlu).
April 13, 2017 Filing 33 CERTIFICATE OF SERVICE by Diane Nagby re #32 Answer to Counterclaim (Sheehan, Robert)(acc).
April 13, 2017 Filing 32 ANSWER to #31 Answer to Crossclaim, Counterclaim by Diane Nagby.(Sheehan, Robert)(acc).
April 6, 2017 Filing 31 ANSWER to #22 Crossclaim , COUNTERCLAIM against Diane Nagby by Richard Keith Nagby. (Attachments: #1 Proof of Service)(Ginder, Eric) (rlu).
April 6, 2017 Filing 30 ANSWER to #24 Amended Complaint by Richard Keith Nagby. (Attachments: #1 Proof of Service)(Ginder, Eric) (rlu).
April 6, 2017 Filing 29 ANSWER to #24 Amended Complaint by David Dostalik, Claims Technology Services Corporation. (Attachments: #1 Proof of Service)(Ginder, Eric) (rlu).
April 5, 2017 Filing 28 CERTIFICATE OF SERVICE by Diane Nagby re #27 Answer to Amended Complaint (Sheehan, Robert) (rlu).
April 4, 2017 Filing 27 ANSWER to #24 Amended Complaint by Diane Nagby.(Sheehan, Robert) qc email re lacking pos on 4/5/2017 (rlu).
March 21, 2017 Filing 26 SUMMONS Returned Executed by Odyssey Reinsurance Company. Pacific Brokers Insurance Services served. (Kirby, Dean) (ag).
March 21, 2017 Filing 25 SUMMONS Returned Executed by Odyssey Reinsurance Company. Cal-Regent Insurance Services Corporation served. (Kirby, Dean) (ag).
March 21, 2017 Filing 24 Second AMENDED COMPLAINT against All Defendants, filed by Odyssey Reinsurance Company. (Attachments: #1 Proof of Service) (Kirby, Dean) (ag).
March 17, 2017 Filing 23 CERTIFICATE OF SERVICE by Diane Nagby re #22 Crossclaim, #21 Answer to Amended Complaint (Sheehan, Robert)(acc).
March 17, 2017 Filing 22 CROSSCLAIM against Claims Technology Services Corporation, David Dostalik, Richard Keith Nagby, filed by Diane Nagby. (Sheehan, Robert)(acc).
March 17, 2017 Filing 21 ANSWER to #4 Amended Complaint by Diane Nagby.(Sheehan, Robert)Attorney Robert Dale Sheehan added to party Diane Nagby(pty:dft)(acc).
March 16, 2017 Filing 20 CERTIFICATE OF SERVICE by Odyssey Reinsurance Company re #4 Amended Complaint (Kirby, Dean) (kas).
March 15, 2017 Opinion or Order Filing 19 ORDER Vacating Order to Show Cause Hearing. The order to show cause hearing currently scheduled for 3/17/2017 is Vacated. Plaintiff is Ordered to file a Second Amended Complaint by 3/22/2017. Signed by Judge Barry Ted Moskowitz on 3/15/2017.(All non-registered users served via U.S. Mail Service)(rlu)
March 14, 2017 Filing 18 RESPONSE re #10 Order to Show Cause, filed by Odyssey Reinsurance Company. (Attachments: #1 Declaration of Lisa A. Keenan in Support)(Deede, Kimberley) qc email re s/ signature and atty needs to file a NOA on 3/15/2017 (rlu).
March 9, 2017 Filing 17 SUMMONS Returned Executed by Odyssey Reinsurance Company. Pacific Brokers Insurance Services served. (Kirby, Dean) (rlu).
March 9, 2017 Filing 16 SUMMONS Returned Executed by Odyssey Reinsurance Company. Cal-Regent Insurance Services Corporation served. (Kirby, Dean) (rlu).
March 7, 2017 Filing 15 SUMMONS Returned Executed by Odyssey Reinsurance Company. Pacific Brokers Insurance Services served. (Kirby, Dean) (rlu).
March 6, 2017 Filing 14 SUMMONS Returned Executed by Odyssey Reinsurance Company. Diane Nagby served. (Kirby, Dean) (rlu).
March 3, 2017 Filing 13 SUMMONS Returned Executed by Odyssey Reinsurance Company. Cal-Regent Insurance Services Corporation served. (Kirby, Dean) (rlu).
March 1, 2017 Filing 12 SUMMONS Returned Executed by Odyssey Reinsurance Company. Pacific Brokers Insurance Services served. (Kirby, Dean) (rlu).
March 1, 2017 Filing 11 SUMMONS Returned Executed by Odyssey Reinsurance Company. Pacific Brokers Insurance Services served. (Kirby, Dean) (rlu).
February 24, 2017 Opinion or Order Filing 10 ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 3/17/2017 at 11:00 AM before Judge Barry Ted Moskowitz. Order to Show Cause Response is due on or before 3/14/2017. Unless otherwise directed by the Court, there shall be no oral argument and no personal appearances are necessary. Signed by Judge Barry Ted Moskowitz on 2/24/2017.(All non-registered users served via U.S. Mail Service)(rlu)
February 24, 2017 Filing 9 ANSWER to #4 Amended Complaint by Richard Keith Nagby. (Attachments: #1 Proof of Service)(Ginder, Eric)Attorney Eric Robert Ginder added to party Richard Keith Nagby(pty:dft) (rlu).
February 23, 2017 Filing 8 ANSWER to #4 Amended Complaint by David Dostalik, Claims Technology Services Corporation. (Attachments: #1 Proof of Service)(Ginder, Eric)Attorney Eric Robert Ginder added to party Claims Technology Services Corporation(pty:dft), Attorney Eric Robert Ginder added to party David Dostalik(pty:dft) qc email re signature on pos on 2/24/2017 (rlu).
February 22, 2017 Filing 7 WAIVER OF SERVICE Returned Executed by Odyssey Reinsurance Company, as to David Dostalik. (Kirby, Dean) (rlu).
February 22, 2017 Filing 6 WAIVER OF SERVICE Returned Executed by Odyssey Reinsurance Company, as to Richard Keith Nagby. (Kirby, Dean) (rlu).
February 22, 2017 Filing 5 WAIVER OF SERVICE Returned Executed by Odyssey Reinsurance Company, as to Claims Technology Services Corporation. (Kirby, Dean) (rlu).
December 19, 2016 Filing 4 FIRST AMENDED COMPLAINT against All Defendants, filed by Odyssey Reinsurance Company. (Kirby, Dean) (rlu).
December 16, 2016 Filing 3 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (mxn)
December 16, 2016 Filing 2 Corporate Disclosure Statement by Odyssey Reinsurance Company identifying Corporate Parent Fairfax Financial Holdings Limited, Other Affiliate Odyssey Reinsurance Holdings, Ltd. for Odyssey Reinsurance Company. (mxn)
December 16, 2016 Filing 1 COMPLAINT against All Defendants (Filing fee $400 receipt number 0974-9661810.), filed by Odyssey Reinsurance Company. (Attachments: #1 Civil Cover Sheet)The new case number is 3:16-cv-3038-BTM-WVG. Judge Barry Ted Moskowitz and Magistrate Judge William V. Gallo are assigned to the case. (Kirby, Dean)(mxn)(sjt).

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Search for this case: Odyssey Reinsurance Company v. Nagby et al
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Defendant: Nagby
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Defendant: David Dostalik
Represented By: Eric R. Ginder
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Defendant: Richard Keith Nagby
Represented By: Eric R. Ginder
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Defendant: Diane Nagby
Represented By: Christopher L Ramey
Represented By: Robert Dale Sheehan
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Defendant: Cal-Regent Insurance Services Corporation
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Defendant: Claims Technology Services Corporation
Represented By: Eric R. Ginder
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Defendant: Pacific Brokers Insurance Services
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Defendant: Amtrust North America, Inc.
Represented By: Steven Todd Coopersmith
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Plaintiff: Odyssey Reinsurance Company
Represented By: Dean T. Kirby
Represented By: Kimberley V. Deede
Represented By: Dean T Kirby, Jr
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Intervenor: Knight Insurance Company, Ltd.
Represented By: Christina Vier
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