Pontier v. GEICO Insurance et al
Plaintiff: David Pontier
Defendant: 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
Case Number: 3:2021cv00199
Filed: February 2, 2021
Court: US District Court for the Southern District of California
Office: San Diego Office
Presiding Judge: Roger T Benitez
Referring Judge: Daniel E Butcher
2 Judge: Gonzalo P Curiel
3 Judge: Allison H Goddard
Nature of Suit: Insurance
Cause of Action: 28:1332ac
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 2, 2021 Opinion or Order 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)
April 1, 2021 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).
April 1, 2021 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).
March 30, 2021 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)
March 23, 2021 Opinion or Order 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)
March 17, 2021 Filing 41 CERTIFICATE OF SERVICE by Geico Insurance re #40 Notice (Other) (Burns, John (Jack)) (dlg).
March 17, 2021 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).
March 16, 2021 Opinion or Order 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)
March 16, 2021 Opinion or Order 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)
February 23, 2021 Opinion or Order 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)
February 22, 2021 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).
February 22, 2021 Filing 35 Mail Returned as Undeliverable re #33 Order Setting Briefing Schedule. Mail sent to John Burns. (bta)
February 19, 2021 Filing 34 Mail Returned as Undeliverable re #32 Order of Transfer Pursuant to Low Number Rule. Mail sent to John Burns. (bta)
February 9, 2021 Opinion or Order 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)
February 5, 2021 Opinion or Order 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)
February 5, 2021 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).
February 5, 2021 Filing 30 MOTION to Dismiss Pursuant To Federal Rule Of Civil Procedure 12(B)(6) by Geico Insurance. (Burns, John (Jack)) (mme).
February 5, 2021 Filing 29 CERTIFICATE OF SERVICE by Geico Insurance re #27 Notice of Appearance, #28 Notice of Related Case (Burns, John (Jack)) (mme).
February 4, 2021 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).
February 4, 2021 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).
February 2, 2021 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)
February 2, 2021 Filing 25 Case transferred in from District of Nevada; Case Number 2:20-cv-01446. Original file received electronically
February 1, 2021 Opinion or Order 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.]
January 27, 2021 Filing 23 MOTION to Stay, filed by Plaintiff David Pontier. (JQC) [Transferred from Nevada on 2/2/2021.]
December 21, 2020 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.]
December 9, 2020 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.]
December 9, 2020 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.]
December 2, 2020 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.]
December 2, 2020 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.]
December 1, 2020 Filing 17 DECLARATION in Oppositions re #7 Motion to Dismiss, by Plaintiff David Pontier. (JQC) [Transferred from Nevada on 2/2/2021.]
December 1, 2020 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.]
December 1, 2020 Filing 15 MOTION to Stay Proceedings, filed by Plaintiff David Pontier. (JQC) [Transferred from Nevada on 2/2/2021.]
December 1, 2020 Filing 14 DECLARATION in Oppositions re #9 Motion to Dismiss, by Plaintiff David Pontier. (JQC) [Transferred from Nevada on 2/2/2021.]
December 1, 2020 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.]
November 19, 2020 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.]
November 19, 2020 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.]
November 19, 2020 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.]
November 19, 2020 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.]
November 19, 2020 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.]
November 16, 2020 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.]
November 16, 2020 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.]
October 29, 2020 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.]
October 28, 2020 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.]
August 5, 2020 Filing 3 ADVISORY LETTER to litigant. (JQC) [Transferred from Nevada on 2/2/2021.]
August 5, 2020 Filing 2 Summons Issued as to Defendants re #1 Complaint. (JQC) [Transferred from Nevada on 2/2/2021.]
August 5, 2020 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.]
August 5, 2020 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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Defendant: Farmers Inc
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Defendant: Joseph Dang
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Defendant: JP Morgan Chase Bank N.A.
Represented By: Karl Orell Riley
Represented By: Brett David Watson
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Defendant: PHIA Group, LLC
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Defendant: Kevin Yoo
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Defendant: State of California
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Defendant: Paul E. Kim, MD Inc.
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Defendant: Geico Insurance
Represented By: Elias Pete George
Represented By: John Burns
Represented By: John (Jack) Burns
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Defendant: Glenn C. Nusbaum
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Defendant: State Bar of California
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Plaintiff: David Pontier
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