Liberty Mutual Fire Insurance Company v. Bosa Development California II, Inc. et al
| Liberty Mutual Fire Insurance Company |
| Bosa Development California II, Inc, Bosa Development California II, Inc., S.D. Systems, Inc., Newway Structures, Inc., Insurance Company of the State of Pennsylvania, CM Firestop, Inc., William Kelly & Sons California, Inc., Starline Windows, Inc., Peter Ross CA, Inc., Star Team Installations Inc., Bosa Development California, Inc., Lyons Masonry, Inc., Southland Electric, Inc., Horizon Painting Co., Inc. and Mission Pools |
| 3:2017cv00666 |
| April 3, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| XX US, Outside State |
| Anthony J Battaglia |
| M James Lorenz |
| Bernard G Skomal |
| Insurance |
| 28 U.S.C. § 2201 in |
| Both |
Docket Report
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This docket was last retrieved on July 27, 2020. A more recent docket listing may be available from PACER.
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Filing 116
ORDER Granting in Part and Denying in Part #113 Defendant's Ex Parte Application. The Court provisionally seals exhibits S, T, and V, which were filed by Plaintiff in support of its Motion for Summary Judgment, pending a ruling by the Court as to whether those exhibits are confidential and inadmissible and should be permanently stricken and sealed from the public record. The Court extends the briefing schedule and hearing date for Liberty's MSJ. Opposition is now due by 4/26/2019, and replies are due by 5/17/2019. The parties are reminded to check the local rules for page limits. The motion hearing date is moved to 7/18/2019, at 2:00 p.m. By Monday, 3/18/2019, Bosa will file and serve a noticed motion to strike and permanently seal the MSJ and/or the mediation confidential communications; and, in the alternative; and serve, but not file, pursuant to Rules 5 and 11(c)(2), a noticed motion for Rule 11 sanctions-including for non-monetary relief under Rule 11(c)(4) to strike and seal the MSJ and/or the mediation confidential communications and for an award of attorneys' fees and costs under Rules 11(c)(4) and c(5). Assuming that Liberty will not withdraw the MSJ or otherwise withdraw the mediation confidential communications filed in support of the MSJ within the 21-day cure period prescribed by Rule 11(c)(2), Bosa would file the noticed motion for Rule 11 sanctions on 4/8/2019. Any opposition to the Bosa Motions would be filed and served on or before Thursday, 4/11/2018. Any reply papers in support of the Bosa Motions would be filed and served on or before Thursday, 4/18/2019. The Court will set a hearing date as necessary. Signed by Judge Thomas J. Whelan for Judge Anthony J. Battaglia on 3/12/2019. (rmc)
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| Filing 115 RESPONSE to Motion re #113 MOTION for Extension of Time to File Response/Reply as to #108 MOTION for Summary Judgment Joinder filed by Star Team Installations Inc. (Attachments: #1 Proof of Service)(Grebing, Stephen) (acc). |
| Filing 114 RESPONSE to Motion re #113 MOTION for Extension of Time to File Response/Reply as to #108 MOTION for Summary Judgment filed by Liberty Mutual Fire Insurance Company. (Attachments: #1 Declaration Daniel B. Heidtke, #2 Proof of Service)(Heidtke, Daniel) (acc). |
| Filing 113 MOTION for Extension of Time to File Response/Reply as to #108 MOTION for Summary Judgment by Bosa Development California II, Inc. (Attachments: #1 Declaration of Robert P. Allenby, #2 Declaration of Timothy C. Earl, #3 Declaration of Jay M. Bulger, #4 Proof of Service)(Allenby, Robert) (acc). Corrected docket entry to add MOTION to Seal a Previously Filed Document on 3/13/2019 (rmc). |
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Filing 112
ORDER Granting #111 Ex Parte Application for Order Extending Page Limit. Signed by Judge Anthony J. Battaglia on 3/4/2019. (acc)
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| Filing 111 NOTICE OF EX PARTE APPLICATION FOR ORDER EXTENDING PAGE LIMIT OF LIBERTY MUTUAL FIRE INSURANCE COMPANY'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES by Liberty Mutual Fire Insurance Company (Attachments: #1 Declaration Daniel B. Heidtke, #2 Proof of Service)(Heidtke, Daniel) |
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Filing 109
ORDER Setting Briefing Schedule re #108 MOTION for Summary Judgment : Responses due by 3/12/2019. Replies due by 3/19/2019. Motion Hearing set for 6/20/2019 02:00 PM before Judge Anthony J. Battaglia.(no document attached) (ela)
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| Filing 108 MOTION for Summary Judgment by Liberty Mutual Fire Insurance Company. (Attachments: #1 Memo of Points and Authorities Liberty Mututal Fire Insurance Company's Memorandum of Points and Authorities in Support of Motion for Summary Judgment, #2 Declaration of Dominica Anderson ISO of Motion For Summary Judgment, #3 Exhibit Exhibit A-E, #4 Exhibit Exhibit F-J, #5 Exhibit Exhibit K- O, #6 Exhibit Exhibit P- T, #7 Exhibit Exhibit U-Z, #8 Proof of Service)(Anderson, Dominica) (acc). Modified on 3/13/2019; attachments 6 and 7 sealed per #116 Order provisionally sealing Exhibits S, T, V (exhibits in question not individually uploaded) (rmc). |
| Filing 110 Minute Entry for proceedings held with Chambers of Magistrate Judge Bernard G. Skomal: Counsel for Liberty Mutual and the Insurance Company of the State of Pennsylvania contacted chambers on 2/22/2019 to request to further toll a potential discovery dispute (ECF 97, 104) to allow counsel additional time to complete a review of documents produced. The request is granted and the dispute is tolled to 3/1/2019.(Plaintiff Attorney Daniel B. Heidtke). (Defendant Attorney Michael Douglas). (no document attached) (rxa) |
| Filing 107 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Counsel for Liberty Mutual and Bosa jointly contacted Judge Skomal's chambers on 2/22/2019 regarding a dispute that arose during a deposition. Discovery Conference held on 2/22/2019. Dispute was resolved.(Plaintiff Attorney Dominica Anderson, Danny Heidtke). (Defendant Attorney Robert P Allenby). (no document attached) (rxa) |
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Filing 106
ORDER Granting #100 Joint Motion to Modify Scheduling Order. Signed by Magistrate Judge Bernard G. Skomal on 2/13/2019. (acc)
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| Filing 105 Minute Entry for proceedings held with chambers of Magistrate Judge Bernard G. Skomal: Counsel for Liberty Mutual and Bosa jointly contacted chambers on 2/13/2019 to request tolling of the 30-day deadline to raise a possible discovery dispute regarding the hourly fee for expert depositions. The dispute is tolled to 2/22/2019.(Plaintiff Attorney Daniel B. Heidtke). (Defendant Attorney Robert P Allenby). (no document attached) (rxa) |
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Filing 103
ORDER on Discovery Dispute. Signed by Magistrate Judge Bernard G. Skomal on 2/11/2019.(acc)
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| Filing 104 Minute Entry for proceedings held with chambers of Magistrate Judge Bernard G. Skomal: Counsel for Liberty Mutual and Insurance Company of the State of Pennsylvania contacted chambers on 2/8/2019 to request further tolling of a dispute,(ECF 97), to allow time to review supplemental responses provided on 2/7/2019. The dispute is tolled to 2/22/2019. (Plaintiff Attorney Daniel B. Heidtke). (Defendant Attorney Michael Douglas). (no document attached) (rxa) |
| Filing 102 Minute Entry for proceedings held with chambers of Magistrate Judge Bernard G. Skomal: Counsel for Liberty Mutual and Bosa contacted chambers on 2/4/2019 to provide date for additional Rule 30(b)(6) deposition, 2/22/2019.(Plaintiff Attorney Daniel B. Heidtke). (Defendant Attorney Robert P Allenby). (no document attached) (rxa) |
| Filing 101 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Discovery Conference held on 1/30/2019. Discovery Conference held. Court to issue Order on resolution of discovery dispute as to Rule 30(b)(60) deposition. Counsel to provide date for deposition by 2/4/2019.(Liberty Mutual Attorney Daniel B. Heidtke). (Bosa Attorney Robert P Allenby). (no document attached) (rxa) |
| Filing 100 Joint MOTION to Clarify and Modify Deadlines to Disclose Rebuttal Expert Reports and Supplemental Expert Disclosures by Liberty Mutual Fire Insurance Company. (Attachments: #1 Proof of Service Certificate of Service)(Heidtke, Daniel) (acc). |
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Filing 99
MINUTE ORDER: Due to a conflict with counsel's schedule, the Telephonic Discovery Conference set for 1/30/2019 at 3:00 PM is continued to 1/30/2019 at 4:00 PM before Magistrate Judge Bernard G. Skomal. Counsel shall jointly call (619) 557-2993 at 4:00 PM on 1/30/2019. Signed by Magistrate Judge Bernard G. Skomal on 1/29/2019.(no document attached) (rxa)
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| Filing 98 Minute Entry for proceedings held with chambers of Magistrate Judge Bernard G. Skomal: Counsel for Liberty Mutual and Bosa Dev. jointly contacted chambers on 1/24/2019 to raised a tolled discovery dispute regarding a Rule 30(b)(6) deposition. (ECF 94-96.) Telephonic Discovery Conference set for 1/30/2019 at 3:00 PM before Magistrate Judge Bernard G. Skomal. Counsel shall jointly call (619) 557-2993 at 3:00 p.m. on 1/30/2019.(Plaintiff Attorney Daniel B. Heidtke). (Defendant Attorney Robert P Allenby). (no document attached) (rxa) |
| Filing 97 Minute Entry for proceedings held with chambers of Magistrate Judge Bernard G. Skomal: Counsel for Plaintiff Liberty Mutual and Defendant Insurance Company of the State of Pennsylvania jointly contacted chambers on 1/18/2019 to request a 30-day extension of the 30-day rule to raise a discovery dispute. This dispute is tolled to 2/8/2019. (Plaintiff Attorney Daniel B. Heidtke). (Defendant Attorney Michael Douglas). (no document attached) (rxa) |
| Filing 96 Minute Entry for proceedings held with chambers of Magistrate Judge Bernard G. Skomal: Counsel for Liberty Mutual and Bosa jointly contacted chambers on 1/17/2019 to request further tolling of discovery dispute (ECF 94-95). The request is granted and the dispute is tolled to 1/24/2019. (Plaintiff Attorney Daniel B. Heidtke). (Defendant Attorney Robert P Allenby). (no document attached) (rxa) |
| Filing 95 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Counsel for Liberty Mutual and Bosa jointly contacted chambers on 1/15/2019 to request additional tolling of a discovery dispute to 1/18/2019. That request is granted and the dispute is tolled to 1/18/2019.(Plaintiff Attorney Daniel B. Heidtke). (Defendant Attorney Robert P Allenby). (no document attached) (rxa) |
| Filing 94 Minute Entry for proceedings held with chambers of Magistrate Judge Bernard G. Skomal: Counsel for Liberty Mutual and BOSA jointly contacted chambers on 1/7/2019 to request one week of tolling of the 30-day deadline to raise a discovery dispute regarding the preparedness of Rule 30(b)(6) witnesses. The Court is not finding the dispute has been timely raised, however, the request for tolling is granted and the dispute is tolled to 1/15/2019. If the parties are unable to resolve the dispute, the Court will consider whether the dispute was timely raised by the parties before considering the parties' dispute. (Plaintiff Attorney Daniel B. Heidtke). (Defendant Attorney Robert P Allenby). (no document attached) (rxa) |
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Filing 93
ORDER Granting in Part and Denying in Part #90 Joint Motion to Schedule Rule 30(B)6 Witness Depositions After Fact Discovery Cutoff and for Extension of Time to Produce Responsive Documents. Signed by Magistrate Judge Bernard G. Skomal on 11/29/2018. (acc)
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| Filing 92 Minute Entry for proceedings held with Chambers of Magistrate Judge Bernard G. Skomal: Counsel for Bosa and Liberty Mutual contacted Chambers on 11/29/2018 and indicated that the dispute raised on 11/26/2018 has been resolved.(Plaintiff Attorney Daniel B. Heidtke). (Defendant Attorney Robert P Allenby). (no document attached) (rxa) |
| Filing 91 Minute Entry for proceedings held with Chambers of Magistrate Judge Bernard G. Skomal: Counsel for Bosa and Liberty Mutual contacted Chambers on 11/26/2018 to request tolling of the 30-day discovery dispute deadline for one week to resolve a potential dispute regarding an interrogatory concerning occurrences. The request to toll the dispute is granted and the dispute is tolled to 12/3/2018.(Plaintiff Attorney Daniel B. Heidtke). (Defendant Attorney Robert P Allenby, Michael A. Zarconi). (no document attached) (rxa) |
| Filing 90 Joint MOTION for Extension of Time to Complete Discovery Depositions by Bosa Development California II, Inc. (Attachments: #1 Proof of Service)(Earl, Timothy) (acc). |
| Filing 89 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Telephonic Status Conference held on 10/2/2018. Settlement discussions are ongoing with a private mediator. The deadlines set in the Court's August 28, 2018 Order are unchanged. (Plaintiff Attorney Dominica Anderson, Daniel Heidtke). (Defendant Attorney Michael Douglas, Robert P Allenby, Michael A. Zarconi, Joy Eden). (no document attached) (rxa) |
| Filing 88 NOTICE of Association of Counsel by Starline Windows, Inc. (Attachments: #1 Declaration Certificate of Service)(Kim Sham, Monica)Attorney Monica Kim Sham added to party Starline Windows, Inc.(pty:dft) (acc). |
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Filing 87
ORDER (1) granting #84 Joint Motion to Continue discovery deadlines. (2) Setting Telephonic Status Conference regarding settlement. Mandatory Settlement Conference set for 7/26/2019 01:30 PM before Magistrate Judge Bernard G. Skomal. Proposed Pretrial Order due by 9/3/2019. Final Pretrial Conference set for 9/12/2019 02:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. Telephonic Status Conference regarding settlement set for 10/2/2018 10:00 AM before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 8/28/2018. (jpp)
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| Filing 86 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Telephonic Conference held on 8/21/2018 regarding Joint Motion to Continue Deadlines. (ECF 84) Court to issue Order granting Joint Motion and setting Status Conference regarding settlement. (Plaintiff Attorney Dominica Anderson, Daniel Heidtke). (Defendant Attorney Michael Douglas, Robert P Allenby, Michael A. Zarconi, Ned Tolbert, Stephen C Grebing, Thomas Daniel Heffernan, Lesley W Robertson). (no document attached) (rxa) |
| Filing 85 NOTICE of Hearing: Telephonic Conference set for 8/21/2018 10:00 AM before Magistrate Judge Bernard G. Skomal regarding the parties Joint Motion to Continue Discovery Deadlines, (ECF 84). Plaintiff's counsel shall coordinate a joint call to (619) 557-2993 with all counsel already on the line. (no document attached) (rxa) |
| Filing 84 Joint MOTION to Continue Discovery Deadlines Based on Mediator Report and Recommendation (First Request) by Liberty Mutual Fire Insurance Company. (Attachments: #1 Proof of Service)(Heidtke, Daniel) (acc). |
| Filing 83 NOTICE of Appearance by Michael A. Zarconi on behalf of Bosa Development California II, Inc., Bosa Development California, Inc. (Attachments: #1 Proof of Service)(Zarconi, Michael)Attorney Michael A. Zarconi added to party Bosa Development California II, Inc.(pty:dft), Attorney Michael A. Zarconi added to party Bosa Development California, Inc.(pty:dft) (acc). |
| Filing 82 NOTICE of Appearance by Robert P Allenby on behalf of Bosa Development California II, Inc., Bosa Development California, Inc. (Attachments: #1 Proof of Service)(Allenby, Robert)Attorney Robert P Allenby added to party Bosa Development California II, Inc.(pty:dft), Attorney Robert P Allenby added to party Bosa Development California, Inc.(pty:dft) (acc). |
| Filing 81 NOTICE of Change of Address by Timothy Clarke Earl (Attachments: #1 Proof of Service)(Earl, Timothy) (acc). |
| Filing 80 Minute Entry for proceedings held with chambers of Magistrate Judge Bernard G. Skomal: Counsel for Liberty Mutual and BOSA jointly contacted chambers on 8/9/2018 to toll the Court's 30-day period to raise a discovery dispute. The dispute is tolled to 8/31/2018. (Plaintiff Attorney Daniel B. Heidtke). (Defendant Attorney Robert Allenby). (no document attached) (rxa) |
| Filing 79 PRO HAC APPROVED: Thomas Daniel Heffernan appearing for Defendant Starline Windows, Inc. (no document attached) (dsn) |
| Filing 78 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-11327597.) (Application to be reviewed by Clerk.) (Attachments: #1 Affidavit Certificate of Service)(Heffernan, Thomas) (dsn) |
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Filing 77
ORDER granting #76 Substitution of Counsel for Defendant Starline Windows, Inc. Attorney Vik Nagpal is hereby substituted in as counsel of record in place and instead of attorney Loni L. Hinton. The Clerk shall note the substitution on the docket in the lead case and the related case. Signed by Judge Anthony J. Battaglia on 4/30/2018.(acc)
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| Filing 76 NOTICE OF SUBSTITUTION OF COUNSEL by Starline Windows, Inc. (Attachments: #1 Proof of Service)(Nagpal, Vikas)Attorney Vikas Nagpal added to party Starline Windows, Inc.(pty:dft)(acc). |
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Filing 75
SCHEDULING ORDER: Mandatory Settlement Conference set for 5/24/2019 01:30 PM before Magistrate Judge Bernard G. Skomal. Proposed Pretrial Order due by 7/3/2019. Final Pretrial Conference set for 7/11/2019 02:00 PM before Judge Anthony J. Battaglia. Signed by Magistrate Judge Bernard G. Skomal on 4/18/2018.(acc)
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| Filing 74 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Case Management Conference held on 4/3/2018. Court to issue Scheduling Order.(Plaintiff Attorneys Dominica Anderson, Daniel Heidtke). (Defendants Attorneys Timothy Clarke Earl, Robert Allenby, Michael A. Zarconi, Benjamin J. Haeck, Ned Tolbert, Lesley W Robertson, Joy Eben, Loni Lee Hinton). (no document attached) (rxa) |
| Filing 73 JOINT DISCOVERY PLAN by Bosa Development California II, Inc., Bosa Development California, Inc. (Attachments: #1 Proof of Service)(Earl, Timothy)(acc). |
| Filing 72 NOTICE OF WITHDRAWAL OF DOCUMENT by Bosa Development California II, Inc., Bosa Development California, Inc. re #70 Joint MOTION for Discovery Plan per FRCP Rule 26(f)(3) filed by Bosa Development California, Inc., Bosa Development California II, Inc. . (Attachments: #1 Proof of Service)(Earl, Timothy)(acc). |
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Filing 71
ORDER granting #69 Joint Motion to Continue Initial Disclosures. The deadline to exchange initial disclosures is continued from 3/19/2018 to 4/10/2018. All other deadlines shall remain in place. Signed by Magistrate Judge Bernard G. Skomal on 3/19/2018. (acc)
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| Filing 70 ***WITHDRAWN per #72 ***Joint MOTION for Discovery Plan per FRCP Rule 26(f)(3) by Bosa Development California II, Inc., Bosa Development California, Inc. (Attachments: #1 Proof of Service)(Earl, Timothy) QC re: proposed order(acc). Modified on 3/21/2018 (acc). |
| Filing 69 Joint MOTION to Continue Deadline to Exchange Initial Disclosures by Liberty Mutual Fire Insurance Company. (Attachments: #1 Proof of Service)(Heidtke, Daniel) (acc). |
| Filing 68 NOTICE of Appearance of Counsel by Benjamin J. Haeck on behalf of Insurance Company of the State of Pennsylvania (Attachments: #1 Proof of Service)(Haeck, Benjamin)Attorney Benjamin J. Haeck added to party Insurance Company of the State of Pennsylvania(pty:dft) QC re: missing cert of service(acc). |
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Filing 67
ORDER granting #66 Motion to Continue Case Management Conference set for 4/3/2018 10:00 AM before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 2/27/2018. (anh)
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| Filing 66 Joint MOTION to Continue Telephonic Case Management Conference by Bosa Development California II, Inc., Bosa Development California, Inc. (Attachments: #1 Proof of Service)(Earl, Timothy) (acc). |
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Filing 65
Order Following ENE. Early Neutral Evaluation Conference held on 2/7/2018. Telephonic attorneys-only Case Management Conference set for 3/26/2018 10:00 AM before Magistrate Judge Bernard G. Skomal. Joint Discovery Plan due 3/19/2018. Signed by Magistrate Judge Bernard G. Skomal on 2/13/2018.(acc) Modified on 2/14/2018 (acc).
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| Filing 64 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Early Neutral Evaluation Conference held on 2/7/2018 Case did not settle. Court to issue order setting Rule 26 compliance and setting a Case Management Conference. (Liberty Mutual Attorneys Dominica Anderson and Danny Heidtke). (BOSA Dev. Cal. Attorneys Timothy Clarke Earl and Michael A. Zarconi, ISOP Attorney Michael D. Douglas). (no document attached) (rxa) |
| Filing 63 Minute Order: Judge M. James Lorenz hereby recuses from this case and directs the clerk to reassign this matter to another district judge. Case assigned to Judge Anthony J. Battaglia for further proceedings. Judge M. James Lorenz is no longer assigned. The new case number is 17cv0666-AJB-BGS.(no document attached) (cge) |
| Filing 62 ANSWER to #1 Complaint,, with Jury Demand by CM Firestop, Inc..(Bond, Cary)Attorney Cary Richard Bond added to party CM Firestop, Inc.(pty:dft)(QC mailer sent re: improper signature) (sjt). |
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Filing 61
ORDER on #59 Joint Motion for Starline Windows, Inc. client representative to appear telephonically. The Joint Motion is DENIED as moot per ECF 60.Signed by Magistrate Judge Bernard G. Skomal on 2/1/2018. (no document attached) (rxa)
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| Filing 60 NOTICE re #44 Early Neutral Evaluation conference. After reviewing the parties' confidential ENE statements and communicating with some of the parties, the Court excuses all parties and counsel from personally appearing at the ENE/CMC, except for Liberty Mutual Fire Insurance Company, Bosa Development California II, Inc., Bosa Development California, Inc., and Insurance Company of the State of Pennsylvania. As to the excused parties, their counsel must be available to participate telephonically during the duration of the conference if the Court needs to speak with them. (no document attached) (rxa) |
| Filing 59 Joint MOTION for Leave to Appear by Phone at ENE by Starline Windows, Inc.. (Attachments: #1 Proof of Service)(Hinton, Loni) Modified on 2/1/2018 (sjt). |
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Filing 58
ORDER granting #56 Joint Motion to Continue Rule 26(f) Conference, Initial Disclosures and Discovery Plan. Signed by Magistrate Judge Bernard G. Skomal on 1/11/2018. (sjt)
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| Filing 57 Signature Certification by Liberty Mutual Fire Insurance Company re #56 Joint MOTION to Continue Rule 26(F) Conference, Initial Disclosures and Discovery Plan Certificate of Compliance. (Heidtke, Daniel) (sjt). |
| Filing 56 Joint MOTION to Continue Rule 26(F) Conference, Initial Disclosures and Discovery Plan by Liberty Mutual Fire Insurance Company. (Attachments: #1 Proof of Service)(Heidtke, Daniel)(QC mailer sent re: missing signature certification) (sjt). |
| Filing 55 NOTICE of Appearance of Daniel B. Heidtke in Case No. 17-CV-0666 by Daniel B. Heidtke on behalf of Liberty Mutual Fire Insurance Company (Attachments: #1 Proof of Service)(Heidtke, Daniel)Attorney Daniel B. Heidtke added to party Liberty Mutual Fire Insurance Company(pty:pla) (sjt). |
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Filing 54
ORDER granting #53 Motion to Substitute Attorney. Signed by Judge M. James Lorenz on 12/27/2017. (sjt) (jao).
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| Filing 53 MOTION for Substitution of Counsel for Defendant Star Team Installation, Inc. by Star Team Installations Inc. (Attachments: #1 Proof of Service)(Grebing, Stephen)Attorney Stephen C Grebing added to party Star Team Installations Inc.(pty:dft) (sjt). |
| Filing 52 ANSWER to #1 Complaint,, with Jury Demand by Mission Pools. (Attachments: #1 Notice Mission Pools' Notice of Party With Financial Interest, #2 Proof of Service Certificate of Service)(Robertson, Lesley)Attorney Lesley W Robertson added to party Mission Pools(pty:dft) (sjt). |
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Filing 51
ORDER granting #49 , #50 Motions to Substitute Attorney. Signed by Judge M. James Lorenz on 12/21/2017. (sjt) (jao).
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| Filing 50 Ex Parte MOTION to Substitute Attorney by Southland Electric, Inc.. (Attachments: #1 Memo of Points and Authorities Memorandum of Points and Authorities In Support of Ex Parte Application for Order Approving Substitution of Counsel for Defendant Southland Electric, Inc. Pursuant to Fed. R. Civ. P. 74(d) AND Civ. L. Rules 83.3(F)(2) And 83.3(G)(2), #2 Declaration Declaration of Les W. Robertson In Support of Ex Parte Application for Order Approving Substitution of Counsel For Defendant Southland Electric, Inc., #3 Proof of Service Certificate of Service)(Robertson, Lesley) (sjt). |
| Filing 49 Ex Parte MOTION to Substitute Attorney by Peter Ross CA, Inc.. (Attachments: #1 Memo of Points and Authorities Memorandum of Points and Authorities in Support of Ex Parte Application for Order Approving Substitution of Counsel For Defendant Peter Ross CA, Inc., Pursuant to Fed. R. Civ. P. 74(d) And CIV. L. Rules 83.3(F)(2) and 83.3(G)(2), #2 Declaration Declaration of Les W. Robertson in Support of Ex Parte Application for Order Approving Substitute of Counsel For Peter Ross Ca, Inc., #3 Proof of Service Certificate of Service)(Robertson, Lesley) (sjt). |
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Filing 48
CONSOLIDATION ORDER. Cases Consolidated. All future docketing will be done in the lead case. Signed by Judge M. James Lorenz on 12/13/2017.(sjt)
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Filing 47
Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re #45 Notice (Other), #46 Notice (Other),, from Defendants Peter Ross CA, Inc., Southland Electric, Inc.. Non-compliance with local rule(s): Civ.L. Rule 83.3(f) - Substitutions of attorneys requires court approval. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 11/29/2017.(sjt) (Additional attachment(s) added on 11/29/2017: #1 Rejected Document 45, #2 Rejected Document 46) (sjt).
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| Filing 46 **DOCUMENT STRICKEN PER ORDER #47 ** NOTICE OF SUBSTITUTION OF COUNSEL FOR DEFENDANT PETER ROSS CA, INC. by Peter Ross CA, Inc. (Attachments: # 1 Proof of Service)(Robertson, Lesley) (sjt). (Main Document 46 replaced on 11/29/2017) (sjt). Modified to strike on 11/29/2017 (sjt). |
| Filing 45 **DOCUMENT STRICKEN PER ORDER #47 ** NOTICE OF SUBSTITUTION OF COUNSEL FOR DEFENDANT SOUTHLAND ELECTRIC, INC. by Southland Electric, Inc. (Attachments: # 1 Proof of Service)(Robertson, Lesley) (sjt). (Main Document 45 replaced on 11/29/2017) (sjt). Modified to strike on 11/29/2017 (sjt). |
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Filing 44
NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 2/7/2018 01:30 PM before Magistrate Judge Bernard G. Skomal. Case Management Conference set for 2/7/2018 01:30 PM before Magistrate Judge Bernard G. Skomal. Joint Discovery Plan due 1/24/2018. Signed by Magistrate Judge Bernard G. Skomal on 11/21/2017.(sjt) Modified to correct dates on 11/27/2017 (sjt).
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| Filing 43 Minute Entry for proceedings held with chambers of Magistrate Judge Bernard G. Skomal: Counsel contacted chambers as required by the Court's June 16, 2017 Order regarding rescheduling the Early Neutral Evaluation and Case Management Conference. (ECF No. 19) Counsel to meet and confer regarding availability and submit available dates in November, December, and January to efile_skomal@casd.uscourts.gov. (Plaintiff Attorneys Dominica Anderson, Danny Heidtke). (Defendant Attorneys Timothy Clarke Earl, Michael Douglas, Loni Lee Hinton, Lesley W Robertson). (no document attached) (rxa) |
| Filing 42 NOTICE of Party With Financial Interest by Star Team Installations Inc. . No Parties With Financial Interest. (Attachments: #1 Proof of Service)(Davila, Nicholas) (sjt). (jao). |
| Filing 41 ANSWER to #1 Complaint,, with Jury Demand by Star Team Installations Inc.. (Attachments: #1 Proof of Service)(Davila, Nicholas) (sjt). |
| Filing 40 NOTICE of Party With Financial Interest by Southland Electric, Inc. . No Parties With Financial Interest. (Attachments: #1 Proof of Service)(Davila, Nicholas) (sjt). (jao). |
| Filing 39 ANSWER to #1 Complaint,, with Jury Demand by Southland Electric, Inc.. (Attachments: #1 Proof of Service)(Davila, Nicholas) (sjt). |
| Filing 38 NOTICE of Party With Financial Interest by Peter Ross CA, Inc. . No Parties With Financial Interest. (Attachments: #1 Proof of Service)(Davila, Nicholas) (sjt). (jao). |
| Filing 37 ANSWER to #1 Complaint,, with Jury Demand by Peter Ross CA, Inc.. (Attachments: #1 Proof of Service)(Davila, Nicholas) (sjt). |
| Filing 36 NOTICE of Party With Financial Interest by William Kelly & Sons California, Inc. . No Parties With Financial Interest. (Attachments: #1 Proof of Service)(Robertson, Lesley)(sjt). (jao). |
| Filing 35 ANSWER to #1 Complaint,, with Jury Demand by William Kelly & Sons California, Inc.. (Attachments: #1 Proof of Service)(Robertson, Lesley)Attorney Lesley W Robertson added to party William Kelly & Sons California, Inc.(pty:dft) (sjt). |
| Filing 34 NOTICE OF RELATED CASE(S) by Starline Windows, Inc. of case(s) 3:17-cv-00945 . (Attachments: #1 Declaration of Service)(Hinton, Loni) (No LNO prepared, this is the low-number case; relation already exsists) (sjt). |
| Filing 33 NOTICE of Party With Financial Interest by Starline Windows, Inc. . Identifying Corporate Parent Martini Group Holdings Ltd. for Starline Windows, Inc.. (Attachments: #1 Declaration of Service)(Hinton, Loni) (sjt). (jao). |
| Filing 32 ANSWER to Complaint with Jury Demand by Starline Windows, Inc.. (Attachments: #1 Declaration of Service)(Hinton, Loni)Attorney Loni Lee Hinton added to party Starline Windows, Inc.(pty:dft) (sjt). |
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Filing 31
ORDER Granting Joint Motion [Doc. #29 ] to Extend Time to Respond to Complaint. Defendants Peter Ross CA, Inc., Southland Electric, Inc., and Star Team Installations Inc., now have until July 27, 2017 to respond to Plaintiff's Complaint. Signed by Judge M. James Lorenz on 6/30/2017. (lrf)
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Filing 30
Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting re #29 Joint MOTION for Extension of Time to File Response/Reply to Complaint, from Defendants Peter Ross CA, Inc., Southland Electric, Inc., Star Team Installations Inc.. Non-compliance with local rule(s), ECF 2(f): Lacking proper signature, Judge Lorenz's Standing Order for Civil Cases Proof of Service not filed as separate attachment. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 6/30/2017.(lrf)
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| Filing 29 Joint MOTION for Extension of Time to File Response/Reply to Complaint by Peter Ross CA, Inc., Southland Electric, Inc., Star Team Installations Inc.. (Davila, Nicholas)Attorney Nicholas William Davila added to party Peter Ross CA, Inc.(pty:dft), Attorney Nicholas William Davila added to party Southland Electric, Inc.(pty:dft), Attorney Nicholas William Davila added to party Star Team Installations Inc.(pty:dft) Modified on 6/30/2017 to update docket text (lrf). |
| Filing 28 NOTICE of Party With Financial Interest by Insurance Company of the State of Pennsylvania . Identifying Other Affiliate American International Group, Inc., Other Affiliate AIG Property Casualty U.S., Inc., Other Affiliate AIUH LLC, Other Affiliate AIG Property Casualty Inc. for Insurance Company of the State of Pennsylvania. (Herold, Andrew) (lrf). |
| Filing 27 ANSWER to #1 Complaint,, by Insurance Company of the State of Pennsylvania.(Herold, Andrew)Attorney Andrew D Herold added to party Insurance Company of the State of Pennsylvania(pty:dft) (Discrepancy Pending) (lrf). |
| Filing 26 SUMMONS Returned Executed by Liberty Mutual Fire Insurance Company. William Kelly & Sons California, Inc. served. (Anderson, Dominica) (sjt). |
| Filing 25 SUMMONS Returned Executed by Liberty Mutual Fire Insurance Company. Star Team Installations Inc. served. (Anderson, Dominica)(sjt). |
| Filing 24 SUMMONS Returned Executed by Liberty Mutual Fire Insurance Company. CM Firestop, Inc. served. (Anderson, Dominica)(sjt). |
| Filing 23 SUMMONS Returned Executed by Liberty Mutual Fire Insurance Company. Starline Windows, Inc. served. (Anderson, Dominica) (sjt). |
| Filing 22 SUMMONS Returned Executed by Liberty Mutual Fire Insurance Company. Peter Ross CA, Inc. served. (Anderson, Dominica) (sjt). |
| Filing 21 SUMMONS Returned Executed by Liberty Mutual Fire Insurance Company. Mission Pools served. (Anderson, Dominica) (sjt). |
| Filing 20 SUMMONS Returned Executed by Liberty Mutual Fire Insurance Company. Southland Electric, Inc. served. (Anderson, Dominica) (sjt). |
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Filing 19
ORDER granting #17 Joint Motion to Consolidate and Continus Early Neutral Evaluation Conference. The ENE and Case Management Conference (CMC) currently set for June 28, 2017 in this case is Vacated. Signed by Magistrate Judge Bernard G. Skomal on 6/16/2017. (sjt)
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| Filing 18 CERTIFICATE OF SERVICE by Bosa Development California II, Inc. re Joint Motion to Continue and Consolidate Early Neutral Evaluation Conference (Earl, Timothy) (sjt). |
| Filing 17 Joint MOTION to Continue and Consolidate ENE Conference by Bosa Development California II, Inc.. (Earl, Timothy) (sjt). |
| Filing 16 SUMMONS Returned Executed by Liberty Mutual Fire Insurance Company. Insurance Company of the State of Pennsylvania served. (Anderson, Dominica) (sjt). |
| Filing 15 NOTICE of Appearance by Shailendra Upendra Kulkarni on behalf of Bosa Development California II, Inc. (Attachments: #1 Proof of Service)(Kulkarni, Shailendra)Attorney Shailendra Upendra Kulkarni added to party Bosa Development California II, Inc.(pty:dft)(sjt). |
| Filing 14 NOTICE of Appearance by Timothy Clarke Earl on behalf of Bosa Development California II, Inc. (Attachments: #1 Proof of Service)(Earl, Timothy)Attorney Timothy Clarke Earl added to party Bosa Development California II, Inc.(pty:dft) (sjt). |
| Filing 13 NOTICE OF WITHDRAWAL OF DOCUMENT by Bosa Development California II, Inc. Duplicate Answer to Complaint, refiled, see Docket # 9 - 11. (Attachments: #1 Proof of Service)(Hanna-Blentzas, Catherine) (sjt). |
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Filing 12
NOTICE AND ORDER for Early Neutral Evaluation Conference Early Neutral Evaluation set for 6/28/2017 01:30 PM before Magistrate Judge Bernard G. Skomal. Case Management Conference set for 6/28/2017 01:30 PM before Magistrate Judge Bernard G. Skomal. Joint Discovery Plan due 6/14/2017. Signed by Magistrate Judge Bernard G. Skomal on 5/3/2017.(sjt)
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| Filing 11 CERTIFICATE OF SERVICE by Bosa Development California II, Inc. re #8 Answer to Complaint, #9 Notice of Party With Financial Interest, #10 Notice of Related Case, (Hanna-Blentzas, Catherine)(QC mailer sent re: proof of service not filed as separate attachment) (sjt). |
| Filing 10 NOTICE OF RELATED CASE(S) by Bosa Development California II, Inc. of case(s) San Diego Superior Court Case No.: 37-2017-00011982-CU-IC-CTL re #8 Answer to Complaint, #9 Notice of Party With Financial Interest . (Hanna-Blentzas, Catherine) (sjt). |
| Filing 9 NOTICE of Party With Financial Interest by Bosa Development California II, Inc. . Identifying Corporate Parent Bosa Holding II, Inc. for Bosa Development California II, Inc.. (Hanna-Blentzas, Catherine) (sjt). (jao). |
| Filing 8 ANSWER to #1 Complaint,, with Jury Demand by Bosa Development California II, Inc..(Hanna-Blentzas, Catherine) (sjt). |
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Filing 7
Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re #6 Answer to Complaint,, from Defendant Bosa Development California II, Inc.. Non-compliance with local rule(s), Filing also includes a Notice of Related Case and Notice of Party with Financial Interest. These documents need to be filed separately. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 4/27/2017.(sjt) (Additional attachment(s) added on 4/27/2017: #1 Rejected Document) (sjt).
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| Filing 6 **DOCUMENT STRICKEN PER ORDER #7 ** ANSWER to #1 Complaint,, with Jury Demand by Bosa Development California II, Inc.. (Attachments: # 1 Notice Notice of Related Case, # 2 Notice Notice of Party with Financial Interest, # 3 Certificate of Service)(Hanna-Blentzas, Catherine) (sjt). (Main Document 6 replaced on 4/27/2017) (sjt). Modified to strike on 4/27/2017 (sjt). |
| Filing 5 **DOCUMENT WITHDRAWN PER NOTICE #13 ** ANSWER to #1 Complaint,, with Jury Demand by Bosa Development California II, Inc.. (Attachments: #1 Notice Notice of Related Case, #2 Notice Notice of Party with Financial Interest, #3 Certificate of Service)(Hanna-Blentzas, Catherine)Attorney Catherine Ann Hanna-Blentzas added to party Bosa Development California II, Inc.(pty:dft) (QC mailer sent re: document not signed; second QC mailer sent to withdraw this document)(sjt). Modified to withdraw on 5/12/2017 (sjt). |
| Filing 4 SUMMONS Returned Executed by Liberty Mutual Fire Insurance Company. Bosa Development California II, Inc. served. (Attachments: #1 Proof of Service)(Anderson, Dominica) (sjt). |
| Filing 3 Corporate Disclosure Statement by Liberty Mutual Fire Insurance Company identifying Corporate Parent LIBERTY MUTUAL GROUP INC., Corporate Parent LMHC Massachusetts Holdings Inc., Corporate Parent Liberty Mutual Holding Company Inc. for Liberty Mutual Fire Insurance Company.. (Anderson, Dominica) (sjt). (jao). |
| Filing 2 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. (lrf) |
| Filing 1 COMPLAINT with Jury Demand against Bosa Development California II, Inc., CM Firestop, Inc., Horizon Painting Co., Inc., Insurance Company of the State of Pennsylvania, Lyons Masonry, Inc., Mission Pools, Newway Structures, Inc., Peter Ross CA, Inc., S.D. Systems, Inc., Southland Electric, Inc., Star Team Installations Inc., Starline Windows, Inc., William Kelly & Sons California, Inc. (Filing fee $400 receipt number 0974-9950906), filed by Liberty Mutual Fire Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibits A-B, #3 Exhibit C)The new case number is 3:17-cv-666-L-BGS. Judge M. James Lorenz and Magistrate Judge Bernard G. Skomal are assigned to the case. (Anderson, Dominica)(lrf) (sjt). |
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