Adinolfi v. Omni La Costa Resort & Spa, LLC et al
Plaintiff: Benjamin Adinolfi
Defendant: DOES 1 through 50 and Omni La Costa Resort & Spa, LLC
Guardian Ad Litem: John Adinolfi
Case Number: 3:2018cv01657
Filed: July 20, 2018
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: William V Gallo
Referring Judge: Janis L Sammartino
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441 pi Removal- Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 7, 2021 Opinion or Order Filing 52 ORDER to Substitute Attorney. Omni La Costa Resort & Spa, LLC substitutes Richard S. Davis as counsel of record in place of Jack C. Nick. Signed by Judge Janis L. Sammartino on 1/7/2021. (All non-registered users served via U.S. Mail Service) (tcf)
September 15, 2020 Opinion or Order Filing 51 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that Defendant's motion for summary judgment is granted. Judgment is entered in favor of Defendant. (jpp) (dlg).
September 14, 2020 Opinion or Order Filing 50 ORDER (1) Granting Defendant's motion for summary judgment, and (2) Denying as moot Defendant's motion to exclude. Signed by Judge Janis L. Sammartino on 9/14/2020.(jpp) (dlg).
March 4, 2020 Opinion or Order Filing 49 NOTICE OF CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY by Omni La Costa Resort & Spa, LLC (Nick, Jack)Attorney Jack C. Nick added to party Omni La Costa Resort & Spa, LLC(pty:dft). Modified on 3/5/2020 to change event type to motion. (jpp).
November 21, 2019 Opinion or Order Filing 48 ORDER vacating Final Pretrial Conference and related Pretrial deadlines. Signed by Judge Janis L. Sammartino on 11/21/2019.(jpp)
November 20, 2019 Opinion or Order Filing 47 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Benjamin Adinolfi, John Adinolfi. (Guevara, Shannon) (jpp).
November 20, 2019 Opinion or Order Filing 46 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Omni La Costa Resort & Spa, LLC. (Schurig, Peter) (jpp).
October 24, 2019 Opinion or Order Filing 45 NOTICE of Lodgment of CD by Omni La Costa Resort & Spa, LLC (no document attached) (jpp)
October 11, 2019 Opinion or Order Filing 44 ORDER Denying without Prejudice Plaintiff's #33 , #35 , #36 and #37 Motions in Limine, and Vacating Hearing on Defendant's Motions. Signed by Judge Janis L. Sammartino on 10/11/2019. (ag)
October 10, 2019 Opinion or Order Filing 43 REPLY to Response to Motion re #35 MOTION for Summary Judgment filed by Omni La Costa Resort & Spa, LLC. (Attachments: #1 Declaration J. Julian, #2 Declaration M. Covarrubias, #3 Statement of Facts, #4 Proof of Service E Service)(Covarrubias, Mariel) (ag).
October 10, 2019 Opinion or Order Filing 42 REPLY to Response to Motion re #33 MOTION to Exclude Plaintiff's Expert William Rowley Ph.D., P.E. filed by Omni La Costa Resort & Spa, LLC. (Attachments: #1 Declaration Mariel Covarrubias, #2 Exhibit Exhibit 1 to Covarrubias Dec, #3 Exhibit Exhibit 2 to Covarrubias Dec, #4 Exhibit Exhibit 3 to Covarrubias Dec, #5 Exhibit Exhibit 4 to Covarrubias Dec, #6 Proof of Service Electronic Service)(Covarrubias, Mariel) (ag).
October 3, 2019 Opinion or Order Filing 41 RESPONSE to Motion re #33 MOTION to Exclude Plaintiff's Expert William Rowley Ph.D., P.E. filed by Benjamin Adinolfi, John Adinolfi. (Attachments: #1 Exhibit)(Guevara, Shannon) (jpp).
October 3, 2019 Opinion or Order Filing 40 RESPONSE to Motion re #33 MOTION to Exclude Plaintiff's Expert William Rowley Ph.D., P.E. filed by Benjamin Adinolfi, John Adinolfi. (Guevara, Shannon) (jpp).
October 3, 2019 Opinion or Order Filing 39 RESPONSE to Motion re #35 MOTION for Summary Judgment filed by Benjamin Adinolfi, John Adinolfi. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Guevara, Shannon) (jpp).
October 3, 2019 Opinion or Order Filing 38 RESPONSE to Motion re #35 MOTION for Summary Judgment filed by Benjamin Adinolfi, John Adinolfi. (Attachments: #1 Statement of Facts, #2 Declaration, #3 Notice)(Guevara, Shannon) (jpp).
September 13, 2019 Opinion or Order Filing 37 In Limine MOTION to Exclude Defendant's Expert Derek Downey by Benjamin Adinolfi, John Adinolfi. (Attachments: #1 Declaration Declaration)(Guevara, Shannon) (jpp).
September 13, 2019 Opinion or Order Filing 36 In Limine MOTION to Exclude Witnesses and Evidence Produced After the Discovery Deadline by Benjamin Adinolfi, John Adinolfi. (Attachments: #1 Declaration Declaration)(Guevara, Shannon)Attorney Shannon Amber Guevara added to party John Adinolfi(pty:gal) (jpp).
September 13, 2019 Opinion or Order Filing 35 MOTION for Summary Judgment by Omni La Costa Resort & Spa, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Statement of Facts, #3 Affidavit Josh Leger, #4 Affidavit Jeremy Williams, #5 Declaration Jocelyn A. Julian, #6 Declaration Mariel Covarrubias, #7 Proof of Service)(Covarrubias, Mariel) (jpp).
September 11, 2019 Opinion or Order Filing 34 ORDER Approving the Pro Hac Vice Application of Alison W. Feehan, re #32 Request to Appear Pro Hac Vice. Signed by Judge Janis L. Sammartino on 9/10/2019. (All non-registered users served via U.S. Mail Service.) (mdc)
September 10, 2019 Opinion or Order Filing 33 MOTION to Exclude Plaintiff's Expert William Rowley Ph.D., P.E. by Omni La Costa Resort & Spa, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Jocelyn A. Julian, #3 Declaration Mariel Covarrubias, #4 Declaration Alison W. Feehan, #5 Proof of Service)(Covarrubias, Mariel) (jpp).
September 10, 2019 Opinion or Order Filing 32 Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-12924878.)(Application to be reviewed by Clerk.)(Feehan, Alison)(jrd)
September 4, 2019 Opinion or Order Filing 31 ORDER Approving the Pro Hac Vice Application of C. Stephen Setliff, re #30 Request to Appear Pro Hac Vice. Signed by Judge Janis L. Sammartino on 9/4/2019. (All non-registered users served via U.S. Mail Service.) (mdc)
September 3, 2019 Opinion or Order Filing 30 Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-12891710 paid on 8/31/2019)(Application to be reviewed by Clerk.)(Setliff, Charles)(jrd)
August 29, 2019 Opinion or Order Filing 29 ORDER Approving the Pro Hac Vice Application of Eli Jason S. Mackey, re #28 Request to Appear Pro Hac Vice. Signed by Judge Janis L. Sammartino on 8/27/2019. (All non-registered users served via U.S. Mail Service.) (mdc)
August 27, 2019 Opinion or Order Filing 28 Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-12874862.)(Application to be reviewed by Clerk.)(Mackey, Eli Jason)(jrd)
August 22, 2019 Opinion or Order Filing 27 NOTICE of Substitution of Attorney by Omni La Costa Resort & Spa, LLC (Julian, Jocelyn) (jpp).
August 20, 2019 Opinion or Order Filing 26 NOTICE of Appearance Notice of Association of Counsel by Jocelyn A. Julian on behalf of Omni La Costa Resort & Spa, LLC (Julian, Jocelyn) (jpp).
August 16, 2019 Opinion or Order Filing 25 ORDER granting #24 Joint Motion to Continue expert witness discovery and pretrial motion cut-offs. Signed by Magistrate Judge William V. Gallo on 8/16/2019. (jpp)
August 6, 2019 Opinion or Order Filing 24 Joint MOTION to Continue Expert Witness Discovery and Pretrial Motion Deadlines by Benjamin Adinolfi. (Guevara, Shannon) (jpp).
July 30, 2019 Opinion or Order Filing 23 ORDER granting #22 Joint Motion to Continue expert witness discovery and pretrial motion deadlines. Signed by Magistrate Judge William V. Gallo on 7/29/2019. (jpp)
July 24, 2019 Opinion or Order Filing 22 Joint MOTION to Continue Expert Witness Discovery and Pretrial Motion Deadlines by Benjamin Adinolfi. (Guevara, Shannon) (jpp).
May 28, 2019 Opinion or Order Filing 21 ORDER denying #14 Motion to Take Deposition ; denying #15 Motion to Amend/Correct Scheduling Order. Signed by Magistrate Judge William V. Gallo on 05/28/2019. (ja1)
May 15, 2019 Opinion or Order Filing 20 RESPONSE in Opposition re #14 MOTION to Take Deposition from John Adinolfi Individually and As Guardian Ad Litem of Plaintiff Benjamin Adinolfi filed by Benjamin Adinolfi. (Attachments: #1 Exhibit Exhibit, #2 Proof of Service PROOF OF SERVICE)(Guevara, Shannon) (jpp).
May 15, 2019 Opinion or Order Filing 19 RESPONSE in Opposition re #15 MOTION to Amend/Correct Scheduling Order filed by Omni La Costa Resort & Spa, LLC. (Attachments: #1 Declaration, #2 Exhibit)(Julian, Jocelyn) (jpp).
May 8, 2019 Opinion or Order Filing 18 MOTION to Amend/Correct #15 MOTION to Amend/Correct Scheduling Order by Benjamin Adinolfi. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Guevara, Shannon) Modified on 5/9/2019 to teriminate, efiling is not a motion. (jpp).
May 8, 2019 Opinion or Order Filing 17 MOTION to Amend/Correct #15 MOTION to Amend/Correct Scheduling Order by Benjamin Adinolfi. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Guevara, Shannon) Modified on 5/9/2019 to terminate, efiling is not a motion. (jpp).
May 8, 2019 Opinion or Order Filing 16 MOTION to Amend/Correct #15 MOTION to Amend/Correct Scheduling Order by Benjamin Adinolfi. (Attachments: #1 Exhibit)(Guevara, Shannon) Modified on 5/9/2019 to term, efiling is not a motion. (jpp).
May 8, 2019 Opinion or Order Filing 15 MOTION to Amend/Correct Scheduling Order by Benjamin Adinolfi. (Attachments: #1 Proof of Service)(Guevara, Shannon) (jpp).
May 8, 2019 Opinion or Order Filing 14 MOTION to Take Deposition from John Adinolfi Individually and As Guardian Ad Litem of Plaintiff Benjamin Adinolfi by Omni La Costa Resort & Spa, LLC. (Julian, Jocelyn) (jpp).
May 2, 2019 Opinion or Order Filing 13 ORDER Following Mandatory Settlement Conference. Signed by Magistrate Judge William V. Gallo on 05/02/2019.(ja1)
May 1, 2019 Opinion or Order Filing 12 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Mandatory Settlement Conference held on 5/1/2019.(no document attached) (ja1)
March 26, 2019 Opinion or Order Filing 11 ORDER granting #9 Motion for Protective Order. Signed by Magistrate Judge William V. Gallo on 03/26/2019. (ja1)
March 25, 2019 Opinion or Order Filing 10 NOTICE of Appearance by Shannon Amber Guevara on behalf of Benjamin Adinolfi (Guevara, Shannon)Attorney Shannon Amber Guevara added to party Benjamin Adinolfi(pty:pla) (jpp).
March 21, 2019 Opinion or Order Filing 9 Joint MOTION for Protective Order by Omni La Costa Resort & Spa, LLC. (Attachments: #1 Order on Joint Motion for Entry of Stipulated Protective Order)(Julian, Jocelyn) (jpp).
November 19, 2018 Opinion or Order Filing 8 SCHEDULING ORDER regulating discovery and other pre-trial proceedings. Mandatory Settlement Conference set for 5/1/2019 09:00 AM before Magistrate Judge William V. Gallo. Memorandum of Contentions of Fact and Law due by 11/20/2019. Proposed Pretrial Order due by 12/12/2019. Final Pretrial Conference set for 1/9/2020 01:30 PM in Courtroom 4D before Judge Janis L. Sammartino.. Signed by Magistrate Judge William V. Gallo on 11/19/2018.(jpp)
November 14, 2018 Opinion or Order Filing 7 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Early Neutral Evaluation and Case Management Conferences held on 11/14/2018.(no document attached) (ja1)
November 7, 2018 Opinion or Order Filing 6 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Conference held on 11/7/2018.(no document attached) (ja1)
October 31, 2018 Opinion or Order Filing 5 JOINT DISCOVERY PLAN by Omni La Costa Resort & Spa, LLC (Julian, Jocelyn) (jpp).
September 17, 2018 Filing 4 NOTICE of Appearance by Talissa Breann Mulholland on behalf of Benjamin Adinolfi, John Adinolfi (Mulholland, Talissa)Attorney Talissa Breann Mulholland added to party Benjamin Adinolfi(pty:pla), Attorney Talissa Breann Mulholland added to party John Adinolfi(pty:gal)
August 21, 2018 Opinion or Order Filing 3 NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. The Early Neutral Evaluation/Case Management Conference is set for 11/14/2018 at 9:00 AM before Magistrate Judge William V. Gallo. A telephonic attorneys-only Status Conference is set for 11/7/2018 8:15 AM before Magistrate Judge William V. Gallo. The Joint Discovery Plan is due 10/31/2018. Signed by Magistrate Judge William V. Gallo on 8/21/2018.(mpl)
July 20, 2018 Filing 2 ANSWER to Complaint (Notice of Removal) by Omni La Costa Resort & Spa, LLC. (jrm)(jrd)
July 20, 2018 Filing 1 NOTICE OF REMOVAL With Jury Demand From Superior Court of California, County of San Diego, case number 37-02018-00029599-CU-PO-CTL. (Filing fee $ 400 receipt number 0974-11468587), filed by Omni La Costa Resort & Spa, LLC. (Attachments: #1 civil cover sheet, #2 state court complaint, #3 certificate of service)The new case number is 3:18-cv-01657-JLS-WVG. Judge Janis L. Sammartino and Magistrate Judge William V. Gallo are assigned to the case.(jrm)(jrd)

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Defendant: DOES 1 through 50
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Defendant: Omni La Costa Resort & Spa, LLC
Represented By: Jocelyn A. Julian
Represented By: Alison W. Feehan
Represented By: Charles Stephen Setliff
Represented By: Eli Jason Scott Mackey
Represented By: Jack C. Nick
Represented By: Mariel Covarrubias
Represented By: Richard S. Davis
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Plaintiff: Benjamin Adinolfi
Represented By: Arturo Padilla
Represented By: Talissa Breann Mulholland
Represented By: Shannon Amber Guevara
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Guardian ad litem: John Adinolfi
Represented By: Talissa Breann Mulholland
Represented By: Shannon Amber Guevara
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