Pontier v. GEICO Insurance et al
| David Pontier |
| Farmers Inc, Joseph Dang, JP Morgan Chase Bank N.A., PHIA Group, LLC, Kevin Yoo, State of California, Paul E. Kim, MD Inc., Geico Insurance, Glenn C. Nusbaum and State Bar of California |
| 3:2021cv00199 |
| February 2, 2021 |
| US District Court for the Southern District of California |
| San Diego Office |
| Roger T Benitez |
| Daniel E Butcher |
| Gonzalo P Curiel |
| Allison H Goddard |
| Insurance |
| 28 U.S.C. § 1332 ac |
| None |
Docket Report
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Filing 46
Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Rejecting re #44 Objection, from Defendant Joseph Dang. Non-compliance with local rule(s), No Request of Default filed against Joseph Dang. 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 Gonzalo P. Curiel on 4/1/21.(All non-registered users served via U.S. Mail Service)(dlg)
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Filing 45
NOTICE of Appearance of Andrew A. Servais and Amy L. Simonson by Andrew Servais on behalf of Joseph Dang (Attachments: #1 Proof of Service)(Servais, Andrew) (dlg).
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Filing 44
*** STRICKEN PER ECF 46 *** OBJECTION by Joseph Dang to Plaintiff's Affidavit Requesting Clerk to Enter Default Against Defendant Dang. (Attachments: #1 Proof of Service)(Servais, Andrew) Modified on 4/2/2021 (dlg). (Additional attachment(s) added on 4/2/2021: #2 Strike) (dlg).
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Filing 43
Corporate Disclosure Statement by JP Morgan Chase Bank N.A. identifying Corporate Parent JPMorgan Chase & Co. for JP Morgan Chase Bank N.A... (Watson, Brett)
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Filing 42
ORDER Granting #40 Motion to Substitute Attorney. Attorney Elias Pete George terminated. Signed by Judge Gonzalo P. Curiel on 3/23/21. (All non-registered users served via U.S. Mail Service)(dlg)
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Filing 41
CERTIFICATE OF SERVICE by Geico Insurance re #40 Notice (Other) (Burns, John (Jack)) (dlg).
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Filing 40
MOTION re NOTICE Consent Order Granting Substitution of Attorney by Geico Insurance (Burns, John (Jack)) QC email, incorrect event selected and attached proposed order. Changed event (dlg).
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Filing 39
ORDER Granting Plaintiff Leave to Amend Complaint. Plaintiff is directed to file an amended complaint on or before April 1, 2021. Signed by Judge Gonzalo P. Curiel on 3/16/21.(All non-registered users served via U.S. Mail Service)(dlg)
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Filing 38
Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Rejecting Document: Amended Complaint, from Plaintiff David Pontier. Non-compliance with local rule(s), OTHER: No leave to Amend. Amended Complaint must be complete by itself., Rejected document was returned to the filer. Signed by Judge Gonzalo P. Curiel on 3/16/21. (Attachments: #1 Rejected Document)(All non-registered users served via U.S. Mail Service)(dlg)
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Filing 37
ORDER Setting Briefing Schedule re #36 MOTION to Dismiss: Responses due by 4/16/2021, Replies due by 4/23/2021. Motion Hearing set for 5/7/2021 at 1:30 PM before Judge Gonzalo P. Curiel. The Court also reschedules Defendant Geico Insurance's motion to dismiss, (Dkt. No. #30 ), set for April 9, 2021 to May 7, 2021 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 2/23/21.(All non-registered users served via U.S. Mail Service)(dlg)
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Filing 36
MOTION to Dismiss for Failure to State a Claim by JP Morgan Chase Bank N.A.. (Watson, Brett)Attorney Brett David Watson added to party JP Morgan Chase Bank N.A.(pty:dft) (dlg).
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Filing 35
Mail Returned as Undeliverable re #33 Order Setting Briefing Schedule. Mail sent to John Burns. (bta)
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Filing 34
Mail Returned as Undeliverable re #32 Order of Transfer Pursuant to Low Number Rule. Mail sent to John Burns. (bta)
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Filing 33
ORDER Setting Briefing Schedule re #30 MOTION to Dismiss Pursuant To Federal Rule Of Civil Procedure 12(B)(6) : Responses due by 3/5/2021, Replies due by 3/19/2021. The hearing set on March 15, 2021 shall be rescheduled to April 9, 2021 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 2/9/21.(All non-registered users served via U.S. Mail Service)(dlg)
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Filing 32
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Gonzalo P. Curiel and Magistrate Judge Allison H. Goddard for all further proceedings. Judge Roger T. Benitez, Magistrate Judge Daniel E. Butcher no longer assigned to case. Pending hearings previously set before the original Judge(s) have been transferred to the newly assigned Judge(s). Create association to 3:19-cv-01519-GPC-AHG. The new case number is 21-cv-00199-GPC-AHG. Signed by Judge Roger T. Benitez on 2/5/2021. Signed by Judge Gonzalo P. Curiel on 2/5/2021. Motions set before Allison H. Goddard.(All non-registered users served via U.S. Mail Service)(mme)(jrd)
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Filing 31
CERTIFICATE OF SERVICE by Geico Insurance re #30 MOTION to Dismiss Pursuant To Federal Rule Of Civil Procedure 12(B)(6) (Burns, John (Jack)) (mme).
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Filing 30
MOTION to Dismiss Pursuant To Federal Rule Of Civil Procedure 12(B)(6) by Geico Insurance. (Burns, John (Jack)) (mme).
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Filing 29
CERTIFICATE OF SERVICE by Geico Insurance re #27 Notice of Appearance, #28 Notice of Related Case (Burns, John (Jack)) (mme).
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Filing 28
NOTICE OF RELATED CASE(S) by Geico Insurance of case(s) 3:19-cv-1519 (Dang v. Pontier et al.). (Burns, John (Jack)) (mme).
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Filing 27
NOTICE of Appearance by John (Jack) Burns on behalf of Geico Insurance (Burns, John (Jack))Attorney John (Jack) Burns added to party Geico Insurance(pty:dft) (mme).
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Filing 26
Judge Roger T. Benitez and Magistrate Judge Daniel E. Butcher assigned to transfer case from District of Nevada. (All non-registered users served via U.S. Mail Service)(no document attached) (jpp)
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Filing 25
Case transferred in from District of Nevada; Case Number 2:20-cv-01446. Original file received electronically
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Filing 24
ORDER. IT IS ORDERED that the Clerk of the Court transfer this action to the United States District Court for the Southern District of California, Clerk's Office, Suite 420, 333 West Broadway, San Diego, CA 92101. Signed by Judge Richard F. Boulware, II on 2/1/2021. (Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 2/2/2021.]
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Filing 23
MOTION to Stay, filed by Plaintiff David Pontier. (JQC) [Transferred from Nevada on 2/2/2021.]
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Filing 22
NOTICE OF ENJOINMENT UNDER THE FIRST-TO-FILE RULE BY THE SOUTHERN DISTRICT OF CALIFORNIA by GEICO Insurance. (Attachments: #1 Exhibit Exhibit 1 to GEICO's Notice of Enjoinment, #2 Certificate of Service) (Burns, John) [Transferred from Nevada on 2/2/2021.]
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Filing 21
NON-OPPOSITION to #15 Motion to Stay Case, #19 Motion to Amend/Correct, #13 Motion to Extend/Shorten Time by Defendant GEICO Insurance. (Attachments: #1 Certificate of Service) (Burns, John) [Transferred from Nevada on 2/2/2021.]
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Filing 20
NON-OPPOSITION to #16 Motion to Extend/Shorten Time, #15 Motion to Stay Case, #19 Motion to Amend/Correct by Defendant JP Morgan Chase Bank, N.A.. (Attachments: #1 Certificate of Service) (Riley, Karl) [Transferred from Nevada on 2/2/2021.]
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Filing 19
MOTION to Amend/Correct #1 Complaint by Plaintiff David Pontier. Responses due by 12/16/2020. (JQC) [Transferred from Nevada on 2/2/2021.]
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Filing 18
MOTION for Voluntary Dismissal of Defendants Kim, Yoo, and Nusbaum by Plaintiff David Pontier. (JQC) Modified event on 12/3/2020 (MMM). [Transferred from Nevada on 2/2/2021.]
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Filing 17
DECLARATION in Oppositions re #7 Motion to Dismiss, by Plaintiff David Pontier. (JQC) [Transferred from Nevada on 2/2/2021.]
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Filing 16
MOTION to Extend Time (First Request) re #7 Motion to Dismiss, by Plaintiff David Pontier. (JQC) [Transferred from Nevada on 2/2/2021.]
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Filing 15
MOTION to Stay Proceedings, filed by Plaintiff David Pontier. (JQC) [Transferred from Nevada on 2/2/2021.]
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Filing 14
DECLARATION in Oppositions re #9 Motion to Dismiss, by Plaintiff David Pontier. (JQC) [Transferred from Nevada on 2/2/2021.]
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Filing 13
MOTION to Extend Time (First Request) re #9 Motion to Dismiss, by Plaintiff David Pontier. (JQC) [Transferred from Nevada on 2/2/2021.]
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Filing 12
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 11/19/2020. Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to #7 Motion to Dismiss, #9 Motion to Dismiss. Opposition due 14 days from the date of this Minute Order, and reply due seven 7 days after the filing of the opposition. (Copies have been distributed pursuant to the NEF - MMM) [Transferred from Nevada on 2/2/2021.]
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Filing 11
CLERK'S NOTICE Regarding Local Rule IC 2-1(g). Filer's account information is different from the address information contained in the filed document, ECF No. #9 , #10 . Attorney Elias George is advised to review and update his/her user account information. (no image attached) (MMM) [Transferred from Nevada on 2/2/2021.]
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Filing 10
CERTIFICATE of Interested Parties by GEICO Insurance that identifies all parties that have an interest in the outcome of this case. Corporate Parent Berkshire Hathaway for GEICO Insurance added. (Attachments: #1 Certificate of Service) (Burns, John) [Transferred from Nevada on 2/2/2021.]
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Filing 9
MOTION to Dismiss by Defendant GEICO Insurance. Responses due by 12/3/2020. Discovery Plan/Scheduling Order due by 1/3/2021. (Attachments: #1 Declaration of Jack Burns iso Motion to Dismiss/Transfer, #2 Declaration of Morgan Quant iso Motion to Dismiss/Transfer, #3 Index Index of Exhibits iso Motion to Dismiss/Transfer, #4 Exhibit Exhibits 1-5 iso Motion to Dismiss/Transfer, #5 Exhibit Exhibits 6-10 iso Motion to Dismiss/Transfer, #6 Certificate of Service) (Burns, John) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 2/2/2021.]
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Filing 8
CERTIFICATE of Interested Parties by JP Morgan Chase Bank, N.A. that identifies all parties that have an interest in the outcome of this case. Corporate Parent JPMorgan Chase & Co. for JP Morgan Chase Bank, N.A. added. (Attachments: #1 Certificate of Service) (Riley, Karl) [Transferred from Nevada on 2/2/2021.]
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Filing 7
MOTION to Dismiss by Defendant JP Morgan Chase Bank, N.A.. Responses due by 11/30/2020. Discovery Plan/Scheduling Order due by 12/31/2020. (Attachments: #1 Appendix of Exhibits) (Riley, Karl) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 2/2/2021.]
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Filing 6
WAIVER OF SERVICE Returned Executed by JP Morgan Chase Bank, N.A. re #2 Summons Issued. JP Morgan Chase Bank, N.A. waiver sent on 9/17/2020, answer due 11/16/2020. (Riley, Karl) [Transferred from Nevada on 2/2/2021.]
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Filing 5
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 10/29/2020. Good cause being found, IT IS ORDERED that #4 Motion for Extension of Time to Serve Summons is GRANTED. Plaintiff shall have until January 11, 2021 to serve remaining Defendants.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) [Transferred from Nevada on 2/2/2021.]
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Filing 4
MOTION to Extend Time (First Request) to Serve re #1 Complaint & #2 Summons Issued by Plaintiff David Pontier. (JQC) [Transferred from Nevada on 2/2/2021.]
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Filing 3
ADVISORY LETTER to litigant. (JQC) [Transferred from Nevada on 2/2/2021.]
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Filing 2
Summons Issued as to Defendants re #1 Complaint. (JQC) [Transferred from Nevada on 2/2/2021.]
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Filing 1
COMPLAINT against Defendants by David Pontier. Proof of service due by 11/3/2020. (Attachments: #1 Civil Cover Sheet, #2 Receipt # NVLAS071243) (JQC) [Transferred from Nevada on 2/2/2021.]
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Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Brenda Weksler. (RT) [Transferred from Nevada on 2/2/2021.]
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