Lopez et al v. National City et al
| Jacqueline Arevalo and Elizabeth Lopez |
| Does 1-25, Jorge Guevara, State Farm Insurance, National City and Luis Sainz |
| 3:2019cv00066 |
| January 10, 2019 |
| US District Court for the Southern District of California |
| M James Lorenz |
| Bernard G Skomal |
| Civil Rights: Other |
| 28 U.S.C. § 1446 pd Notice of Removal - Property Damage (P.I.) |
| Plaintiff |
Docket Report
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Filing 47
MINUTE ORDER by Judge M. James Lorenz re USCA Mandate #46 . Please take notice that a mandate has issued by the Court of Appeals for the Ninth Circuit. This order constitutes the spreading of the mandate upon the minutes of this Court. Signed by Judge M. James Lorenz on 2/24/2022. (no document attached) (lrf)
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| Filing 46 MANDATE of USCA affirming the decision of the USDC as to #40 Notice of Appeal to the 9th Circuit filed by Elizabeth Lopez. (akr) |
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Filing 45
ORDER of USCA as to #40 Notice of Appeal to the 9th Circuit filed by Elizabeth Lopez. The Court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument. Therefore, this case is ordered submitted on the briefs and record, without oral argument, on December 6, 2021, in Pasadena, California. As this case is submitted on the briefs and record, Appellees' Motion to Continue Oral Argument is denied as moot. (akr)
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| Filing 44 Fee for Appeal to 9th Circuit Court of Appeals re #40 Notice of Appeal to the 9th Circuit filed by Elizabeth Lopez: $ 505, receipt number ACASDC-15240007. Paid on 1/20/2021. (no document attached) (Aldana, Francisco). (Modified on 1/20/2021: USCA Case Number 20-56392. Notice of fee payment electronically transmitted to the US Court of Appeals. Edited docket text to add link to Notice of Appeal.) (akr). |
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Filing 43
ORDER of US Court of Appeals as to #40 Notice of Appeal to the 9th Circuit filed by Elizabeth Lopez. A review of this court's docket reflects that the filing and docketing fees for this appeal remain due. Within 21 days after the date of this order, appellant shall pay to the US District Court the $505.00 filing and docketing fees for this appeal and file in the US Court of Appeals proof of such payment or file in the US Court of Appeals a motion to proceed in forma pauperis. The filing of a motion to proceed in forma pauperis will automatically stay the briefing schedule under Ninth Circuit Rule 27-11... If appellant fails to comply with this order, this appeal may be dismissed by the Clerk for failure to prosecute. (akr)
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| Filing 42 USCA Time Schedule Order as to #40 Notice of Appeal to the 9th Circuit filed by Elizabeth Lopez. (akr) |
| Filing 41 USCA Case Number 20-56392 for #40 Notice of Appeal to the 9th Circuit filed by Elizabeth Lopez. (akr) |
| Filing 40 NOTICE OF APPEAL to the 9th Circuit by Elizabeth Lopez as to #39 Order Granting Defendants' Motion for Summary Adjudication and Remanding Action to State Court. Fee not paid. (Notice of Appeal electronically transmitted to the US Court of Appeals.) (Attachments: #1 Proof of Service)(Aldana, Francisco). (Modified on 12/23/2020: Edited docket text re linked Order.) (akr). |
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Filing 39
ORDER Granting Defendants' Motion for Summary Adjudication and Remanding Action to State Court (ECF No. #25 ). Defendants motion for partial summary judgment is granted. All claims asserted against National City and Luis Sainz are summarily adjudicated in their favor. The remaining claim against Jorge Guevara is remanded to the Superior Court of the State of California for the County of San Diego. Signed by Judge M. James Lorenz on 11/23/2020.(cc: Superior Court of the State of California for the County of San Diego) (jrm)
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Filing 38
ORDER granting #37 Joint Motion to vacate pending deadlines from Hon Bernard G. Skomal's Scheduling Order. Signed by Magistrate Judge Bernard G. Skomal on 5/05/2020. (jpp) (dlg).
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| Filing 37 Joint MOTION re #20 Scheduling Order, , Joint MOTION to Vacate Pending Deadlines from Hon. Bernard G. Skomal's Scheduling Order (Doc 20) by National City, Luis Sainz. (Attachments: #1 Proof of Service)(Mazzarella, Daral) (jpp). |
| Filing 36 MINUTE ORDER: The Mandatory Settlement Conference scheduled for 4/27/2020 is VACATED. Counsel for the parties must jointly contact Judge Skomal's Chambers within three days of a ruling on the pending motion for summary judgment. Prior to calling, counsel must meet and confer to determine dates when counsel and the parties are all available for an in-person MSC. (no document attached) (rxa) |
| Filing 35 REPLY to Response to Motion re #25 MOTION for Summary Judgment or in the Alternative Summary Adjudication filed by National City, Luis Sainz. (Attachments: #1 Statement of Facts Joint Statement of Undisputed Facts, #2 Proof of Service)(Mazzarella, Daral) (jpp). |
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Filing 34
ORDER granting #27 Plaintiffs' Motion for Extension of Time. Defendant's reply brief if any due no later than 4/3/2020.. Signed by Judge M. James Lorenz on 3/18/2020. (jpp)
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| Filing 33 RESPONSE in Opposition re #27 MOTION for Extension of Time to File Defendants City of National City's and Luiz Sainz's Response in Opposition to Declaration of Francisco J Aldana in Response to Order to Show Cause Why Late-Filed Opposition to Motion for Summary Judgment Should Not Be Stricken filed by National City, Luis Sainz. (Attachments: #1 Declaration of Daral B. Mazzarella, #2 Proof of Service)(Mazzarella, Daral) (jpp). |
| Filing 32 DECLARATION re #31 Order to Show Cause of Francisco Javier Aldana filed by Plaintiff Elizabeth Lopez and by Plaintiff Jacqueline Arevalo. (Attachments: #1 Exhibit)(Aldana, Francisco) \ (jpp). |
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Filing 31
ORDER TO SHOW CAUSE - Order to Show Cause Response due by 3/16/2020. Order to Show Cause Reply due by 3/20/2020.. Signed by Judge M. James Lorenz on 3/10/2020.(jpp)
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| Filing 30 NOTICE of Errata to Defendants' Opposition to Plaintiffs' Motion to Extend Time to Accept Opposition to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment by National City, Luis Sainz re #29 Response in Opposition to Motion, (Attachments: #1 Proof of Service)(Mazzarella, Daral) (jpp). |
| Filing 29 RESPONSE in Opposition re #27 MOTION for Extension of Time to File filed by National City, Luis Sainz. (Attachments: #1 Declaration Daral B. Mazzarella, #2 Declaration Alice M. Starr, #3 Proof of Service Maya T. Carlin)(Mazzarella, Daral) (jpp). |
| Filing 28 RESPONSE in Opposition re #25 MOTION for Summary Judgment or in the Alternative Summary Adjudication filed by Jacqueline Arevalo, Elizabeth Lopez. (Attachments: #1 Declaration, #2 Exhibit A, #3 Proof of Service)(Aldana, Francisco) (jpp). |
| Filing 27 MOTION for Extension of Time to File by Jacqueline Arevalo, Elizabeth Lopez. (Attachments: #1 Declaration, #2 Proof of Service)(Aldana, Francisco) (jpp). |
| Filing 26 RESPONSE in Support re #25 MOTION for Summary Judgment or in the Alternative Summary Adjudication Defendants' Notice of Non-Opposition to Defendants' Motion for Summary Judgment filed by National City, Luis Sainz. (Attachments: #1 Declaration of Daral Mazzarella, #2 Declaration of Alice Starr, #3 Statement of Facts, #4 Proof of Service)(Mazzarella, Daral) (jpp). |
| Filing 25 MOTION for Summary Judgment or in the Alternative Summary Adjudication by National City, Luis Sainz. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Daral Mazzarella, #3 Declaration of Frank Parra, #4 Declaration of Luis Sainz, #5 Declaration of Stephen Gustafson, #6 Exhibit Gustafson Exhibit 1, #7 Exhibit Gustafson Exhibit 2, #8 Declaration of Jeremy T. Callister, #9 Exhibit Callister Exhibit 1, #10 Exhibit Callister Exhibit 2, #11 Notice of Lodging, #12 Proof of Service)(Mazzarella, Daral) (jpp). |
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Filing 24
ORDER Denying Motion to Extend Time for Expert Designation [ECF No. #22 ]. The motion is denied without prejudice. Signed by Magistrate Judge Bernard G. Skomal on 10/17/2019. (lrf)
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| Filing 23 RESPONSE in Opposition re #22 MOTION for Extension of Time to Complete Discovery , Expert Designations filed by National City, Luis Sainz. (Attachments: #1 Declaration of Daral B. Mazzarella, #2 Proof of Service)(Mazzarella, Daral) (sjt). |
| Filing 22 MOTION for Extension of Time to Complete Discovery by Jacqueline Arevalo, Elizabeth Lopez. (Attachments: #1 Declaration, # 2 , #3 Proof of Service)(Aldana, Francisco) Modified to remove Proposed Order on 10/15/2019 (sjt). |
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Filing 21
MINUTE ORDER: The parties have filed the required Joint Motion to Dismiss Defendant State Farm and it has been granted. Accordingly, the 5/29/2019 Settlement Disposition Conference is VACATED. Signed by Magistrate Judge Bernard G. Skomal on 5/21/2019.(no document attached) (rxa)
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Filing 20
SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings: Mandatory Settlement Conference set for 4/27/2020 01:30 PM before Magistrate Judge Bernard G. Skomal. Proposed Pretrial Order due by 6/1/2020. Final Pretrial Conference set for 6/8/2020 11:00 AM in Courtroom 5B before Judge M. James Lorenz. Signed by Magistrate Judge Bernard G. Skomal on 5/20/2019.(lrf)
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Filing 19
ORDER Granting Joint Motion to Dismiss State Farm General Insurance Company [Docs. #5 , #18 ]. Both the joint motion [Doc. #18 ] and the Motion [Doc. #5 ] are granted and the Complaint in the above-captioned action is dismissed, with prejudice, as to Defendant State Farm General Insurance Company, only. Each party is to bear its own attorney's fees and costs.State Farm Insurance terminated. Signed by Judge M. James Lorenz on 5/20/2019. (Docketing numbers updated per order) (lrf)
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| Filing 18 Joint MOTION to Dismiss Party State Farm General Insurance Company by State Farm Insurance. (Stargardter, GailAnn) Modified to remove proposed order on 5/20/2019 (sjt). Modified docket entry number on 5/20/2019 (lrf). |
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Filing 17
Order Scheduling Settlement Disposition Conference. Joint Motion for Dismissal due: 5/23/2019. If a Joint Motion for Dismissal and Proposed Order for Dismissal are not submitted by 5/23/2019, then a Settlement Disposition Conference shall be held. Telephonic, attorneys-only Settlement Disposition Conference set for 5/29/2019 10:00 AM before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 5/9/2019.(lrf) Modified docket entry number on 5/20/2019 (lrf).
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| Filing 16 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Early Neutral Evaluation and Case Management Conference held on 5/8/2019. Judge Skomal settled the case as to Defendant State Farm. Court to issue Settlement Disposition Conference Order as to State Farm. The case did not settle as to other defendants. Court to issue Scheduling Order as to non-settling defendants.(Plaintiff Attorney Gabriel Urias). (Defendant Attorney GailAnn Yurkanin Stargardter, Daral B Mazzarella). (Louis E. Gueniot III, Elizabeth Lopez, Jacqueline Arevalo, Karina Fausto).(no document attached) (rxa) Modified docket entry number on 5/20/2019 (lrf). |
| Filing 15 SUPPLEMENTAL DOCUMENT by National City, Luis Sainz re #14 Joint Discovery Plan Certification of Signatures (Doc. 14). (Attachments: #1 Proof of Service)(Mazzarella, Daral) (sjt). Modified docket entry number on 5/20/2019 (lrf). |
| Filing 14 JOINT DISCOVERY PLAN by National City (Mazzarella, Daral) (QC mailer sent re: document late, missing Signature Certification) (sjt). |
| Filing 13 Amended OBJECTION to #11 Declaration in Support of #5 MOTION to Dismiss for Failure to State a Claim Pursuant to FRCP 12(b)(6) Amended Objection to Declaration in Opposition filed by State Farm Insurance. (Attachments: #1 Declaration of GailAnn Y. Stargardter)(Stargardter, GailAnn) Modified to Correct Event on 2/26/2019 (sjt). |
| Filing 12 OBJECTION to #11 Declaration in Support of #5 MOTION to Dismiss for Failure to State a Claim Pursuant to FRCP 12(b)(6) and Objection to Declaration in Opposition filed by State Farm Insurance. (Attachments: #1 Declaration of GailAnn Y. Stargardter)(Stargardter, GailAnn) Modified to correct event on 2/26/2019 (sjt). |
| Filing 11 DECLARATION re #5 MOTION to Dismiss for Failure to State a Claim Pursuant to FRCP 12(b)(6) by Plaintiffs Jacqueline Arevalo, Elizabeth Lopez. (Attachments: #1 Proof of Service)(Aldana, Francisco) (QC mailer sent re: document which should have been an attachment) (sjt). |
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Filing 10
ORDER Rescheduling Early Neutral Evaluation and Case Management Conference. Early Neutral Evaluation set for 5/8/2019 01:30 PM before Magistrate Judge Bernard G. Skomal. Joint Discovery Plan due 4/24/2019. Signed by Judge M. James Lorenz on 2/19/2019.(lrf)
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| Filing 9 REPLY - Other re #5 MOTION to Dismiss for Failure to State a Claim Pursuant to FRCP 12(b)(6) filed by State Farm Insurance. (Attachments: #1 Exhibit)(Stargardter, GailAnn) Modified on 2/19/2019 (sjt). |
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Filing 8
NOTICE AND ORDER: (1) For Early Neutral Evaluation Conference, (2) Setting Rule 26 Compliance and Case Management Conference. Early Neutral Evaluation set for 5/15/2019 at 01:30 PM before Magistrate Judge Bernard G. Skomal. Joint Discovery Plan due 5/1/2019. Signed by Magistrate Judge Bernard G. Skomal on 2/14/2019.(lrf)
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| Filing 7 ANSWER to Complaint by National City. (Attachments: #1 Proof of Service)(Mazzarella, Daral)Attorney Daral B Mazzarella added to party National City(pty:dft) (sjt). |
| Filing 6 Corporate Disclosure Statement by State Farm Insurance identifying Corporate Parent State Farm Mutual Automobile Insurance Company for State Farm Insurance.. (Stargardter, GailAnn) (sjt). |
| Filing 5 MOTION to Dismiss for Failure to State a Claim Pursuant to FRCP 12(b)(6) by State Farm Insurance. (Attachments: #1 Declaration of GailAnn Y. Stargardter)(Stargardter, GailAnn)Attorney GailAnn Yurkanin Stargardter added to party State Farm Insurance(pty:dft) (sjt). |
| Filing 4 ANSWER to Complaint by Luis Sainz. (Attachments: #1 Proof of Service)(Mazzarella, Daral) (sjt). |
| Filing 3 NOTICE OF FILING by Luis Sainz (Attachments: #1 Exhibit A - State Court Register of Actions, #2 Exhibit 1 - State Court Docket No. 1- Complaint, #3 Exhibit 2- State Court Docket No. 2- Civil Cover Sheet, #4 Exhibit 3 - State Court Docket Nos. 3 and 4 Original Summons, #5 Exhibit 4 - State Court Docket Nos. 5 and 6 - Case Assignment and Civ Case Management Conf Ntc, #6 Exhibit 5 - State Court Docket No. 7 - Case Initiation Documents, #7 Exhibit 6 - State Court Docket No. 8 - POS-Summons and Complaint - National City, #8 Exhibit 7 - State Court Docket No. 9 POS Summons and Complaint - Sainz, #9 Exhibit 8 - State Court Docket No. 10 - POS Summons and Complaint - Guevara, #10 Exhibit 9 - State Court Docket No. 11 - Ntc of Removal to Federal Court, #11 Exhibit 10 - State Court Docket No. 12 - POS - Ntc of Removal to Federal Court)(Mazzarella, Daral) (sjt). |
| Filing 2 MINUTE ORDER OF RECUSAL. Judge Roger T. Benitez is no longer assigned. Case reassigned to Judge M. James Lorenz for all further proceedings. The new case number is 19-cv-00066-L-BGS.(no document attached) (sjm) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of San Diego, case number 37-02018-00056986-CU-OR-CTL. (Filing fee $400 receipt number 0974-12079020), filed by Luis Sainz. (Attachments: #1 Civil Cover Sheet, #2 Supplement to Civil Cover Sheet, #3 Exhibit A - State Court Complaint, #4 Exhibit B - State Court Summons, #5 Exhibit C - State Court Notice of Case Assignment, #6 Exhibit D - State Court Stipulation of Alternative Dispute Resolution, #7 Exhibit E - State Court Notice of E-Filing Eligibility, #8 Exhibit F - State Court POS of Summons/Complaint -Guevara, #9 Exhibit G - State Court POS of Summons/Complaint- National City, #10 Exhibit H - State Court POS of Summons/Complaint Sainz, #11 Proof of Service Proof of Mail Service)The new case number is 3:19-cv-66-BEN-BGS. Judge Roger T. Benitez and Magistrate Judge Bernard G. Skomal are assigned to the case.(rmc)(sjt). |
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