Harner v. USAA General Indemnity Company et al
| Paul Harner |
| USAA General Indemnity Company and DOES 1 through 50 |
| 3:2018cv01993 |
| August 27, 2018 |
| US District Court for the Southern District of California |
| Mitchell D Dembin |
| Linda Lopez |
| Thomas J Whelan |
| Insurance |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 21, 2022. A more recent docket listing may be available from PACER.
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Filing 126
NOTICE OF WITHDRAWAL OF DOCUMENT by USAA General Indemnity Company re #124 Bill of Costs filed by USAA General Indemnity Company . (Davis, Brian)
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Filing 125
NOTICE of Hearing - Bill of Costs, re #124 Bill of Costs filed by USAA General Indemnity Company : Hearing set for 7/5/2022 at 11:00AM. Any opposition or responsive pleading due 6/30/2022. All parties requesting to appear telephonically for this Bill of Costs hearing are directed to join on a conference call, then contact S. Tweedle 619-557-7349 at the time of the hearing. (no document attached) (sjt)
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Filing 124
BILL OF COSTS submitted by Defendant USAA General Indemnity Company in the amount of $ 6,582.04. Hearing set for 7/5/2022 at 11:00AM. (Attachments: #1 Notice, #2 Declaration, #3 Exhibit)(Davis, Brian) (ddf).
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Filing 123
USCA Time Schedule Order as to #121 Notice of Appeal to the 9th Circuit filed by Paul Harner. (akr)
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Filing 122
USCA Case Number 22-55581 for #121 Notice of Appeal to the 9th Circuit filed by Paul Harner. (akr)
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Filing 121
NOTICE OF APPEAL to the 9th Circuit as to #120 Clerk's Judgment by Paul Harner. (Filing fee $ 505 receipt number ACASDC-16905553.) (Notice of Appeal electronically transmitted to the US Court of Appeals.) (Lemon, John). (Main Document 121 replaced on 6/10/2022 with a printed .pdf of the document, which was originally e-filed as an active fillable form.) (akr).
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Filing 120
CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED: In light of the jury's verdict, JUDGMENT is entered in favor of Defendant USAA General IndemnityCompany, a Texas Corporation and against Paul Harner, an individual(ddf)
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Filing 119
COURT EXHIBIT LIST (rla) (Main Document 119 replaced on 6/1/2022) (rla).
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Filing 118
JURY VERDICT in favor of Defendant USAA GIC against Paul Harner. (rla)
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Filing 117
Defendant Exhibit List by USAA General Indemnity Company.. (rla)
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Filing 116
Plaintiff Exhibit List by Paul Harner.. (rla)
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Filing 115
Witness List by USAA General Indemnity Company. (rla)
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Filing 114
Witness List by Paul Harner. (rla)
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Filing 113
Minute Order for proceedings held before Judge Linda Lopez:denying #108 Motion for Judgment as a Matter of Law; Jury Trial completed on 5/31/2022. Day of Trial 5. 8 Trial Jurors Present. Court Exhibit 6 (Jury Note) marked/received. Jury returned at 1:34pm. Verdict: in favor of the defendant. Jury polled. Judge ordered lunch to be provided at court expense. (Court Reporter/ECR Vanessa Evans). (Plaintiff Attorney John Lemon, Justin Walker).(Defendant Attorney Brian Davis, Jessica Ross). (no document attached) (rla)
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Filing 112
Minute Entry for proceedings held before Judge Linda Lopez: Jury Trial held on 5/27/2022. Day of Trial 4. 8 Trial Jurors Present. Palintiff rests. Defendant rests. Jury instructed. Closings arguments made. Bailiffs sworn. Parties verified correct exhibits are in evidence. Court Exhibits 1-5 marked/received. Jury retired to deliberate at 12:20pm. Judge ordered lunch to be provided at court expense. ( Jury Trial (Deliberations) set for 5/31/2022 09:00 AM in Courtroom 4C before Judge Linda Lopez.)(Court Reporter/ECR Vanessa Evans, Amanda LeGore). (Plaintiff Attorney John Lemon, Justin Walker). (Defendant Attorney Brian Davis, Robert McClay). (no document attached) (rla) Modified on 5/31/2022 (rla).
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Filing 110
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Day 3) held on 5/26/2022 before Judge Linda Lopez. Court Reporter/Transcriber: Vanessa Evans. 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 6/17/2022. Redacted Transcript Deadline set for 6/27/2022. Release of Transcript Restriction set for 8/25/2022. (akr)
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Filing 111
Minute Entry for proceedings held before Judge Linda Lopez: Jury Trial held on 5/26/2022. Day of Trial 3. 8 Trial Jurors Present. Swore witnesses. Exhibits marked/received. ( Jury Trial continued to 5/27/2022 09:00 AM in Courtroom 4C before Judge Linda Lopez.)(Court Reporter/ECR Vanessa Evans). (Plaintiff Attorney John Lemon, Justin Walker). (Defendant Attorney Brian Davis, Robert McClay). (no document attached) (rla)
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Filing 109
RESPONSE in Opposition re #108 MOTION for Judgment as a Matter of Law as to Plaintiff's Claims for Intentional Infliction of Emotional Distress and Punitive Damages filed by Paul Harner. (Attachments: #1 Exhibit)(Lemon, John) (ddf).
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Filing 108
MOTION for Judgment as a Matter of Law as to Plaintiff's Claims for Intentional Infliction of Emotional Distress and Punitive Damages by USAA General Indemnity Company. (Davis, Brian)*Motion under submission, no appearances are required unless ordered by the Court(ddf).
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Filing 107
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Day 2) held on 5/25/2022 before Judge Linda Lopez. Court Reporter/Transcriber: Vanessa Evans. 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 6/16/2022. Redacted Transcript Deadline set for 6/27/2022. Release of Transcript Restriction set for 8/24/2022. (akr)
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Filing 106
Minute Entry for proceedings held before Judge Linda Lopez: Jury Trial held on 5/25/2022. Day of Trial 2. 8 Trial Jurors Present. Swore witnesses. Exhibits marked/received. ( Jury Trial continued to 5/26/2022 09:00 AM in Courtroom 4C before Judge Linda Lopez.)(Court Reporter/ECR Vanessa Evans). (Plaintiff Attorney John Lemon, Justin Ornelas Walker). (Defendant Attorney Robert McClay, Brian Davis). (no document attached) (rla)
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Filing 105
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Day 1) held on 5/24/2022 before Judge Linda Lopez. Court Reporter/Transcriber: Vanessa Evans. 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 6/15/2022. Redacted Transcript Deadline set for 6/27/2022. Release of Transcript Restriction set for 8/23/2022. (akr)
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Filing 104
Minute Entry for proceedings held before Judge Linda Lopez: The court denies Defendant's MOTION for Judgment as a Matter of Law as to Plaintiff's Claim for Punitive Damages by USAA General Indemnity Company [98-1]. Jury Trial held on 5/24/2022. Day of Trial 1. 8 Trial Jurors Present. Jury impaneled and sworn. Jury pre-instructed. Opening statements made. Swore witnesses. Exhibits marked/received. ( Jury Trial continued to 5/25/2022 09:00 AM in Courtroom 4C before Judge Linda Lopez.)(Court Reporter/ECR Vanessa Evans). (Plaintiff Attorney John Lemon, Justin Ornelas ). (Defendant Attorney Robert McClay, Brian Davis). (no document attached) (rla) Modified on 5/25/2022 to include ruling on the defendant's motion (rla).
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Filing 103
REPLY to Response to Motion re #98 MOTION for Judgment as a Matter of Law as to Plaintiff's Claim for Punitive Damages filed by USAA General Indemnity Company. (Davis, Brian) (ddf).
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Filing 102
NOTICE of Withdrawal of Filing Due to Inadvertent Use of Incorrect CM/ECF Filer Account by USAA General Indemnity Company re #101 Reply to Response to Motion, (Davis, Brian) (ddf).
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Filing 101
***Withdrawn per #102 ***REPLY to Response to Motion re #98 MOTION for Judgment as a Matter of Law as to Plaintiff's Claim for Punitive Damages filed by USAA General Indemnity Company. (Ross, Jessica) QC Mailer re Document contains wrong signature (ddf).
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Filing 100
RESPONSE in Opposition re #98 MOTION for Judgment as a Matter of Law as to Plaintiff's Claim for Punitive Damages filed by Paul Harner. (Lemon, John) (ddf).
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Filing 99
JOINT HEARING STATEMENT by USAA General Indemnity Company. (Davis, Brian) (axc).
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Filing 98
MOTION for Judgment as a Matter of Law as to Plaintiff's Claim for Punitive Damages by USAA General Indemnity Company. (Davis, Brian) (axc).
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Filing 97
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Status Hearing) held on 5/9/2022 before Judge Linda Lopez. Court Reporter/Transcriber: Vanessa Evans. 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 6/1/2022. Redacted Transcript Deadline set for 6/13/2022. Release of Transcript Restriction set for 8/9/2022. (akr)
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Filing 96
Minute Order. for proceedings held before Judge Linda Lopez: On Monday, May 9, 2022, the Court held a Status Conference in this matter. Counsel for both parties appeared. During the hearing, Defendants counsel indicated that Defendant did not oppose Plaintiffs Motion to Continue Trial Due to the Unavailability of Counsel. ECF No. 95. Thus, due to the health condition of Plaintiffs counsel, the Court GRANTED Plaintiffs Unopposed Motion and ordered that trial is re-set for Tuesday, May 24, 2022, at 9:00 a.m. The Court also issued the following orders: Counsel for both parties was asked to arrive at 8:45 a.m. on the day of trial to address preliminary trial matters. Both parties were asked to ensure electronic submission of all trial exhibits in accordance with the Courts Chambers Rules. Both parties were asked to meet and confer regarding the Proposed Special Verdict Form, and whether (1) if Plaintiff fails to carry his burden of proving that Defendant breached the implied covenant of good faith and fair dealing, the parties agree that Plaintiffs claim for intentional infliction of emotional distress would fail as a result and (2) the Court may remove only the phrase knowing that Mr. Harner was present when the conduct occurred from element two of CACI 1600. The parties must submit a joint statement regarding these issues by 5:00 p.m. on Thursday, May 12, 2012. Upon receipt of this statement, the Court will finalize the Proposed Special Verdict Form and send it to the parties for review by no later than Monday, May 16, 2022. The Court will impanel eight jurors for the jury trial, and unless one of the jurors becomes ill, all eight jurors will deliberate. Each side will receive three peremptory challenges. (Court Reporter/ECR Vanessa Evans). (Plaintiff Attorney Robert McLay and Brian Davis).(Defendant Attorney John Lemon and Justin Walker). (no document attached) (rla)
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Filing 95
Ex Parte MOTION to Continue Jury Trial by Paul Harner. (Attachments: #1 Declaration, #2 Exhibit)(Lemon, John)(ddf).
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Filing 94
NOTICE of Hearing: Status Conference set for 5/9/2022 03:00 PM before Judge Linda Lopez. (no document attached) (rla)
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Filing 93
ORDER: (1) Sustaining-In-Part And Overruling-In-Part The Objections To Jury Instructions And (2) Striking Plaintiffs Untimely Exhibits [ECF Nos. #77 , #84 , #88 ]. Signed by Judge Linda Lopez on 4/29/2022.(ddf)
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Filing 92
ORDER Denying Plaintiff's Request For Judicial Notice [ECF Nos. #77 , #84 , #88 ]. Signed by Judge Linda Lopez on 4/28/2022.(ddf)
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Filing 91
REPLY - Other re #77 Request for Judicial Notice, #88 Response - Other filed by Paul Harner. (Attachments: #1 Declaration of Justin O. Walker)(Walker, Justin) (ddf).
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Filing 89
ORDER : (1) Granting Plaintiff's Motion to Seal (2) Denying Plaintiff's Unopposed Motion to Continue Trial [ECF No. #86 , #87 ]. Signed by Judge Linda Lopez on 4/15/2022. (anh)
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Filing 88
RESPONSE re #77 Request for Judicial Notice filed by USAA General Indemnity Company. (Davis, Brian) (ddf).
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Filing 87
**Docketed under seal at doc. no. 90 per Order #89 ** SEALED LODGED Proposed Document re: #86 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Singleton, Gerald) (anh). Modified on 4/18/2022 (anh).
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Filing 86
MOTION to File Documents Under Seal (Singleton, Gerald) (anh).
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Filing 85
DECLARATION re #84 Objection to Plaintiff's Proposed Jury Instructions by Defendant USAA General Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Davis, Brian) (ddf).
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Filing 84
OBJECTION by USAA General Indemnity Company re #74 Proposed Jury Instructions . (Davis, Brian) (ddf).
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Filing 83
NOTICE of Defendant's Proposed Special Verdict Form by USAA General Indemnity Company (Davis, Brian) (ddf).
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Filing 82
PROPOSED JURY INSTRUCTIONS by USAA General Indemnity Company. (Davis, Brian) (ddf).
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Filing 81
Exhibit List and Witness List by USAA General Indemnity Company.. (Davis, Brian) (ddf).
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Filing 80
NOTICE of Plaintiff's Proposed Special Verdict Form by Paul Harner (Walker, Justin) (ddf).
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Filing 79
Proposed Voir Dire by USAA General Indemnity Company. (Davis, Brian) (ddf).
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Filing 78
Proposed Voir Dire by Paul Harner. (Walker, Justin) (ddf).
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Filing 77
REQUEST FOR JUDICIAL NOTICE by Paul Harner (Walker, Justin) (ddf).
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Filing 76
Witness List by Paul Harner. (Walker, Justin) (ddf).
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Filing 75
Exhibit List by Paul Harner.. (Walker, Justin) (ddf).
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Filing 74
PROPOSED JURY INSTRUCTIONS by Paul Harner. (Attachments: #1 Supplement Plaintiff's Proposed CACI Instructions and Special Jury Instruction 1, #2 Supplement Plaintiff's Proposed Limiting Instructions)(Walker, Justin) (ddf).
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Filing 73
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/4/2022 before Judge Linda Lopez. Court Reporter/Transcriber: Juliet Y. Eichenlaub. 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 5/4/2022. Redacted Transcript Deadline set for 5/16/2022. Release of Transcript Restriction set for 7/12/2022. (akr)
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Filing 72
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 1/20/2022 before Judge Linda Lopez. Court Reporter/Transcriber: Juliet Y. Eichenlaub. 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 5/4/2022. Redacted Transcript Deadline set for 5/16/2022. Release of Transcript Restriction set for 7/12/2022. (akr)
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Filing 71
Minute Entry for proceedings held before Judge Linda Lopez: On Monday, April 4, 2022, the parties appeared for a Status Conference in this matter. The Court set trial for Tuesday, May 10, 2022, at 9:00 a.m. The parties' outstanding updated exhibit lists and witness lists, which were previously due by Wednesday, March 30, 2022, are now due by the close of business on Wednesday, April 13, 2022. Exhibit binders must be provided to the Court by the close of business on Tuesday, May 3, 2022.(Court Reporter/ECR Juliet Eichenlaub). (Plaintiff Attorney John Lemon, Justin Walker). (Defendant Attorney Brian Davis, Jessica Ross). (no document attached) (rla)
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Filing 70
Minute Order by Judge Linda Lopez: The Jury Trial set for 4/4/2022 at 9:00 AM is vacated. The court sets a Scheduling Conference and Status Conference on Monday, April 4, 2022 at 11:00am before Judge Linda Lopez in Courtroom 2B. (rla)
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Filing 69
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Status Hearing) held on 3/25/2022 before Judge Linda Lopez. Court Reporter/Transcriber: Vanessa Evans. 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 4/19/2022. Redacted Transcript Deadline set for 4/29/2022. Release of Transcript Restriction set for 6/27/2022. (akr)
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Filing 68
Minute Order. for proceedings held before Judge Linda Lopez: On March 25, 2022, the Court held a status conference in this matter. granting #64 Defendant's Motion for Permission to Livestream Trial Proceedings to its Non-Testifying Corporate Representative; and granting #65 Plaintiff's Motion for Reconsideration. The Courts order on the motions in limine, #62 , is amended as follows: As to Defendants Motion in Limine No. 1, Plaintiff may present evidence with respect to the increase fees in the underlying uninsured motorist claim but any fees incurred in this case is inappropriate. As to Defendants Motion in Limine No. 2, the term traumatic brain injury or TBI may appear in exhibits, but counsel must provide the Court with a limiting instruction and shall not use those terms in their opening statements or closing arguments. As to Defendants Motion in Limine No. 5, counsel may present mediation-related communications for purposes of proving bad faith but not liability for the injuries. If defense counsel would like the Court to provide a limiting instruction to the jury, they must meet and confer with Plaintiffs counsel to provide one to the Court. The following must be submitted to chambers by Monday, March 28, 2022: (1) any proposed questions for the judge to consider asking the panel of jurors; (2) any proposed California jury instructions; and (3) any proposed special verdict form. Additionally, by Wednesday, March 30, 2022, the parties must also provide the Court with an updated exhibit and witness list. The parties must also coordinate with the Courts deputy to test their technology and provide both an electronic and hard copy of all exhibits they intend to introduce to the Court prior to trial. Trial will begin on Monday, April 4, 2022, at 9:00 a.m. in Courtroom 5D. Each side will receive 8 hours for a total of 16 hours. (Court Reporter Vanessa Evans). (Plaintiff Attorney John Lemon, Gerald Singleton, Justin Walker).(Defendant Attorney Brian Davis, Joshua Kastan, Jessica Ross, Enrique Delgado). (no document attached) (rla) Modified on 3/28/2022 (rla).
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Filing 67
RESPONSE in Opposition re #65 MOTION for Reconsideration re #62 Order on Motion to Exclude,, Order on Motion to Bifurcate,,,, Order on Motion to Preclude,,, filed by USAA General Indemnity Company. (Davis, Brian) (ddf).
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Filing 66
Minute Order by Judge Linda Lopez: (Telephonic Status Hearing set for 3/25/2022 10:30 AM before Judge Linda Lopez.)(rla)
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Filing 65
MOTION for Reconsideration re #62 Order on Motion to Exclude,, Order on Motion to Bifurcate,,,, Order on Motion to Preclude,,, by Paul Harner. (Attachments: #1 Memo of Points and Authorities)(Lemon, John) **Motion under submission, no appearances are required unless ordered by the Court.(ddf).
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Filing 64
MOTION for Zoom Proceedings by USAA General Indemnity Company. (Davis, Brian) *Motion under submission, no appearances are required unless ordered by the Court. (ddf).
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Filing 63
NOTICE of Appearance by Joshua Nathan Kastan on behalf of USAA General Indemnity Company (Kastan, Joshua)Attorney Joshua Nathan Kastan added to party USAA General Indemnity Company(pty:dft)(ddf).
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Filing 62
Order: (1) Granting Defendants Motions In Limine Nos. 1, 2, 5, And 6 And Granting-In-Part Motion In Limine Nos. 3 And 4 (2) Granting Plaintiffs Motion In Limine No. 1 And Granting-In-Part Plaintiffs Motion In Limine Nos. 2 And 3 [ECF Nos. #43 , #52 , #53 , #54 , #56 , #57 ]. Signed by Judge Linda Lopez on 3/10/2022. (ddf)
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Filing 61
NOTICE OF WITHDRAWAL OF COUNSEL by Paul Harner (Scott, Timothy) (ddf).
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Filing 60
NOTICE of Appearance (Corrected) by John C Lemon on behalf of Paul Harner (Lemon, John) (ddf).
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Filing 59
NOTICE of Appearance by Jessica J. Ross on behalf of USAA General Indemnity Company (Ross, Jessica)Attorney Jessica J. Ross added to party USAA General Indemnity Company(pty:dft) (ddf).
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Filing 58
NOTICE of Appearance by Robert S. McLay on behalf of USAA General Indemnity Company (McLay, Robert)Attorney Robert S. McLay added to party USAA General Indemnity Company(pty:dft) (ddf).
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Filing 57
RESPONSE in Opposition re #43 In Limine MOTION to Exclude Evidence and TestimonyIn Limine MOTION to Bifurcate Plaintiff's Claim filed by Paul Harner. (Attachments: #1 Plaintiff's Opposition to USAA's MIL No. 2, #2 Plaintiff's Opposition to USAA's MIL No. 3, #3 Plaintiff's Opposition to USAA's MIL No. 4, #4 Plaintiff's Opposition to USAA's MIL No. 5, #5 Plaintiff's Opposition to USAA's MIL No. 6, #6 Declaration Walker Decl. in Support of Plaintiff's Oppositions to USAA's Motions in Limine Nos. 1-6)(Walker, Justin) (ddf).
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Filing 56
RESPONSE in Opposition re #53 In Limine MOTION to Preclude USAA from Using Information Gained from "Hindsight" or Asserting "Genuine Dispute" Doctrine, #54 In Limine MOTION to Exclude Reference to Harner's Criminal History, #52 In Limine MOTION to Exclude Opinions of USAA's Expert David A. Reilly filed by USAA General Indemnity Company. (Attachments: #1 Opposition to Plaintiff's Motion in Limine 2, #2 Opposition to Plaintiff's Motion in Limine 3, #3 Declaration in Support of Opposition, #4 Exhibit 1, #5 Exhibit 2)(Davis, Brian) (ddf).
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Filing 55
NOTICE of Appearance by John C Lemon on behalf of Paul Harner (Lemon, John)Attorney John C Lemon added to party Paul Harner(pty:pla) QC Mailer, re Missing Signature (ddf).
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Filing 54
In Limine MOTION to Exclude Reference to Harner's Criminal History by Paul Harner. (Walker, Justin) (ddf).
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Filing 53
In Limine MOTION to Preclude USAA from Using Information Gained from "Hindsight" or Asserting "Genuine Dispute" Doctrine by Paul Harner. (Walker, Justin) (ddf).
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Filing 52
In Limine MOTION to Exclude Opinions of USAA's Expert David A. Reilly by Paul Harner. (Attachments: #1 Declaration in Support of Plaintiff's Motions in Limine Nos. 1-3)(Walker, Justin) (ddf).
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Filing 51
Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Status Conference held on 1/24/2022. No order to follow.(Plaintiff Attorney Justin Ornelas Walker). (Defendant Attorney Brian R. Davis; Robert Mclay). (no document attached) (jb1)
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Filing 50
Amended Minute Entry for proceedings held before Judge Linda Lopez: On January 20, 2022, at 10:00 a.m., the Court held a Status Conference in this matter. Counsel for both parties appeared. Both parties estimate needing a total of 8 to 10 hours for trial, amounting to a total trial estimate of 20 hours or four days. Although prior to this cases transfer, the Hon. Thomas J. Whelan ordered the parties to file motions in limine 60 days before the previously set March 8, 2022 trial date (i.e., Friday, January 7, 2022), due to this Courts order vacating the trial date, #46 , the Court allowed Plaintiff to file his motions in limine by Wednesday, January 26, 2022. Both parties oppositions to each others motions in limine as well as Plaintiffs opposition to Defendants motion to bifurcate must be filed by Wednesday, February 2, 2022. No reply briefs will be permitted. ( Jury Trial set for 4/4/2022 09:00 AM before Judge Linda Lopez.)(Court Reporter/ECR Juliet Eichenlaub). (Plaintiff Attorney Justin Walker (Zoom)). (Defendant Attorney Brian Davis (Zoom)). (no document attached) (rla) Modified on 1/20/2022 (rla).
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Filing 49
STATUS REPORT Joint by USAA General Indemnity Company. (Davis, Brian) (ddf).
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Filing 48
NOTICE of Dial-In Information. Teleconference set for 1/24/2022 at 9:30AM. (ddf)
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Filing 47
Order Setting Telephonic Status Conference: A telephonic Status Conference will be held before Magistrate Judge Mitchell D. Dembin on January 24, 2022 at 9:30 a.m.. Only counsel are required to participate. Counsel are ordered to use the dial-in information filed as a separate notice to access the Court's teleconference service. (The teleconference information sheet can be accessed through ECF using the login information assigned to an attorney of record in the case and then selecting the report option. On the next screen, the docket sheet option should be selected, prompting the user for a PACER login (assigned to the attorney of record). Once the PACER login is completed, the case number can be entered which will display the docket sheet for the case and allow the user to open the teleconference information sheet.). IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 01/10/2022.(no document attached) (jb1)
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Filing 46
ORDER Vacating Trial Date And Setting Status Conference. Video Status Conference is set for 1/20/2022 at 10:00AM PST. Signed by Judge Linda Lopez on 1/6/2022.(ddf)
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Filing 45
MINUTE ORDER OF JUDGE TRANSFER in case as to 18cv1993. Pursuant to Civil Local Rule 40.1(c), the Court directs the Clerk of the Court to randomly reassign the case to another District Judge. Judge Larry Alan Burns is no longer assigned. Case reassigned to Judge Linda Lopez for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 18cv1993-LL-MDD.(no document attached) (jms)
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Filing 44
MINUTE ORDER by Judge Larry Alan Burns on 1/4/2022: Senior Judge Burns directs that this case be reassigned per CivLR 40.1(c). (no document attached) (srm)
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Filing 43
In Limine MOTION to Exclude Evidence and Testimony, In Limine MOTION to Bifurcate Plaintiff's Claim by USAA General Indemnity Company. (Attachments: #1 Motion in Limine No. 2, #2 Motion in Limine No. 3, #3 Motion in Limine No. 4, #4 Motion in Limine No. 5, #5 Motion in Limine No. 6, #6 Declaration in Support of Motions in Limine 1-6, #7 Exhibit 1, #8 Exhibit 2, #9 Exhibit 3, #10 Exhibit 4, #11 Exhibit 5, #12 Exhibit 6, #13 Exhibit 7, #14 Exhibit 8, #15 Exhibit 9, #16 Exhibit 10, #17 Exhibit 11, #18 Exhibit 12, #19 Exhibit 13)(Davis, Brian)
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Filing 42
MINUTE ORDER OF TRANSFER. Judge Roger T. Benitez is no longer assigned. Case reassigned to Judge Larry Alan Burns for all further proceedings. The new case number is 18-cv-1993-LAB-MDD.(no document attached) (dsn)
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Filing 41
MINUTE ORDER OF TRANSFER. Judge Thomas J. Whelan is no longer assigned. Case reassigned to Judge Roger T. Benitez for all further proceedings. The new case number is 18-cv-1993-BEN.(no document attached) (dsn)
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Filing 40
NOTICE of Change of Address by Lorrie A Walker (Walker, Lorrie) (jrm).
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Filing 39
JOINT PRETRIAL ORDER. Signed by Judge Thomas J. Whelan on 5/17/2021.(jrm)
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Filing 38
Minute Entry for proceedings held before Judge Thomas J. Whelan: Final Pretrial Conference held on 5/17/2021. Jury Trial set for 3/8/2022 at 9:00 AM in Courtroom 3C before Judge Thomas J. Whelan.(Plaintiff Attorney Timothy Scott, Justin Walker). (Defense Attorney Brian Davis, Robert McLay). (no document attached) (jdt)
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Filing 37
NOTICE of Appearance by Timothy A. Scott on behalf of Paul Harner (Scott, Timothy)Attorney Timothy A. Scott added to party Paul Harner(pty:pla) (jrm).
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Filing 36
OBJECTION by USAA General Indemnity Company re #35 Pretrial Disclosures (Davis, Brian) (jrm).
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Filing 35
Pretrial Disclosures by Paul Harner Amended (Walker, Lorrie) (jrm).
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Filing 34
OBJECTION by Paul Harner re #32 Pretrial Disclosures of Defendant USAA GIC. (Walker, Lorrie) (jrm).
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Filing 33
Pretrial Disclosures by Paul Harner (Walker, Lorrie) (jrm).
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Filing 32
Pretrial Disclosures by USAA General Indemnity Company (Davis, Brian) (jrm).
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Filing 31
ORDER Resetting Pretrial Conference and Related Dates. The Court grants the parties' joint stipulation (Doc. #30 ). The Proposed Final Pretrial Conference Order is due by 5/10/2021. The Final Pretrial Conference is set for 5/17/2021 at 10:30 AM before Judge Thomas J. Whelan. Signed by Judge Thomas J. Whelan on 1/12/2021. (jdt)
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Filing 30
Joint MOTION to Continue Pre-Trial Conference Date and Trial Scheduling Order by USAA General Indemnity Company. (Davis, Brian)
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Filing 29
ORDER Granting Joint Motion (Doc. #28 ) and Setting Pretrial Conference and Related Dates. The Proposed Final Pretrial Conference Order shall be prepared, served, and lodged on or before 2/1/2021. The Final Pretrial Conference is set for 2/8/2021 at 10:30 AM before Judge Thomas J. Whelan. Signed by Judge Thomas J. Whelan on 11/24/2020. (jdt)
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Filing 28
Joint MOTION for Order Request for the Court to Schedule Pretrial Conference by USAA General Indemnity Company. (Davis, Brian) (jdt).
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Filing 27
ORDER Granting in Part and Denying in Part Defendant's Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment (Doc. 14]). Signed by Judge Thomas J. Whelan on 10/27/2020. (jdt)
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Filing 26
ORDER Vacating Pretrial Conference Pending Disposition of Summary Judgment Motion. Signed by Judge Thomas J. Whelan on 4/7/2020. (jdt)
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Filing 25
MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by USAA General Indemnity Company. (Davis, Brian) (jdt).
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Filing 24
Pretrial Disclosures by Paul Harner (With Certificate of Service) (Walker, Lorrie) (jdt).
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Filing 23
Pretrial Disclosures by USAA General Indemnity Company (Attachments: #1 Proof of Service)(Davis, Brian) (jdt).
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Filing 22
Joint Statement of Disputed and Undisputed Facts for #14 Motion for Summary Judgment by Paul Harner. (Walker, Justin). QC email: Wrong event. Terminated motion. Edited docket text. Added link. No refile (jdt).
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Filing 21
RESPONSE in Support re #14 MOTION for Summary Judgment filed by USAA General Indemnity Company. (Attachments: #1 Declaration, #2 Proof of Service)(Davis, Brian) (jdt).
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Filing 20
RESPONSE IN OPPOSITION to #14 MOTION for Summary Judgment by Paul Harner. (Attachments: #1 Harner Declaration in support of Opposition, #2 Pena Declaration in support of Opposition - part 1, #3 Pena Declaration in support of Opposition - part 2, #4 Pena Declaration in support of Opposition - part 3, #5 Walker Declaration in support of Opposition, #6 Proof of Service Proof of Service)(Walker, Justin)Attorney Justin Ornelas Walker added to party Paul Harner(pty:pla). QC email: Wrong event selected; incorrect cm/ecf account. Terminated motion. Edited text. No refile (jdt).
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Filing 19
ORDER: Based upon a review of the confidential settlement conference briefs the Court believes a Mandatory Settlement Conference as this time would be futile. Accordingly, the MSC scheduled for January 24, 2020, is vacated. The MSC can be rescheduled upon joint request of the parties. Signed by Magistrate Judge Mitchell D. Dembin on 01/22/2020.(no document attached) (atk)
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Filing 18
ORDER: The Court has received and reviewed Defendant's Supplement to Joint Motion to Modify Scheduling Order and Regulating Discovery. #17 . Nothing in the Supplement changes the Court's prior order. Signed by Magistrate Judge Mitchell D. Dembin on 01/09/2020.(no document attached) (atk)
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Filing 17
SUPPLEMENTAL DOCUMENT by USAA General Indemnity Company re #15 Joint MOTION to Continue scheduling order regulating discovery and other pre-trial proceedings . (Davis, Brian) (jdt).
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Filing 16
ORDER denying #15 Joint Motion to Modify Scheduling Order. Signed by Magistrate Judge Mitchell D. Dembin on 1/2/20. (Dembin, Mitchell)
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Filing 15
Joint MOTION to Continue scheduling order regulating discovery and other pre-trial proceedings by USAA General Indemnity Company. (Davis, Brian). Modified on 12/31/2019 - Qc email: proposed order (jdt).
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Filing 14
MOTION for Summary Judgment by USAA General Indemnity Company. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service)(Davis, Brian) (anh).
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Filing 13
ORDER granting #12 Joint Motion to Continue Mandatory Settlement Conference: The Court finds good cause to continue the MSC currently scheduled for December 12, 2019 to January 24, 2020 at 9:30AM before Magistrate Judge Mitchell D. Dembin. Confidential Settlement Conference briefs are due by January 16, 2020. All other provisions remain unchanged from the Court's order of June 14, 2019. Signed by Magistrate Judge Mitchell D. Dembin on 11/25/2019. (no document attached) (atk)
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Filing 12
Joint MOTION to Continue Date Set for Mandatory Settlement Conference by Paul Harner. (Walker, Lorrie) (jdt).
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Filing 11
SCHEDULING ORDER: Mandatory Settlement Conference set for 12/12/2019 09:30 AM before Magistrate Judge Mitchell D. Dembin. Proposed Pretrial Order due by 4/6/2020. Final Pretrial Conference set for 4/20/2020 10:30 AM before Judge Thomas J. Whelan. Signed by Magistrate Judge Mitchell D. Dembin on 6/14/2019.(jao)
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Filing 10
Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: An Early Neutral Evaluation/Case Management Conference was held on 6/10/2019. The case did not settle. A scheduling order will issue. (Plaintiff Attorney Lorrie Walker). (Defendant Attorney Brian Davis). (no document attached) (atk)
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Filing 9
NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation set for 6/10/2019 09:30 AM before Magistrate Judge Mitchell D. Dembin. Immediately following the ENE, if no settlement is reached, the Case Management Conference will occur. Signed by Magistrate Judge Mitchell D. Dembin on 5/7/2019.(jao)
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Filing 8
NOTICE of Filing of Answer by USAA General Indemnity Company re #1 Notice of Removal,, (Attachments: #1 Declaration Declaration of Brian R. Davis)(Davis, Brian) (jao).
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Filing 7
ORDER Denying #3 Motion to Remand to State Court. Signed by Judge Thomas J. Whelan on 3/5/2019. (jao)
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Filing 6
REPLY to Response to Motion re #3 MOTION to Remand to State Court filed by Paul Harner. (Attachments: #1 Proof of Service)(Walker, Lorrie) (jms).
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Filing 5
REPLY to Response to Motion re #3 MOTION to Remand to State Court filed by Paul Harner. (Attachments: #1 Proof of Service)(Walker, Lorrie) QC mailer sent re incorrect signature (jms).
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Filing 4
RESPONSE in Opposition re #3 MOTION to Remand to State Court filed by USAA General Indemnity Company. (Attachments: #1 Declaration of Brian R. Davis, #2 Exhibit 1 to Declaration of Brian R. Davis, #3 Exhibit 2 to Declaration of Brian R. Davis, #4 Exhibit 3 to Declaration of Brian R. Davis, #5 Exhibit 4 to Declaration of Brian R. Davis, #6 Exhibit 5 to Declaration of Brian R. Davis, #7 Exhibit 6 to Declaration of Brian R. Davis, #8 Exhibit 7 to Declaration of Brian R. Davis, #9 Proof of Service)(Davis, Brian) (jao).
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Filing 3
MOTION to Remand to State Court by Paul Harner. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proof of Service)(Walker, Lorrie) (jao).
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Filing 2
NOTICE of Appearance by Lorrie Anne Walker, Walke on behalf of Paul Harner (Attachments: #1 Proof of Service)(Walker, Lorrie)Attorney Lorrie Anne Walker, Walke added to party Paul Harner(pty:pla) (jao).
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Filing 1
NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of San Diego, case number 37-02018-00010745-CU-BT-CTL. ( Filing fee $ 400 receipt number 0974-11606065.), filed by USAA General Indemnity Company. (Attachments: #1 civil cover sheet, #2 state court complaint, #3 Declaration of Brian R. Davis and Supporting Exhibits)The new case number is 3:18-cv-01993-W-MDD. Judge Thomas J. Whelan and Magistrate Judge Mitchell D. Dembin are assigned to the case.(jrm) (jao).
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