Jimenez v. Horizon Actuarial Services, LLC
| Teresa Jimenez |
| Horizon Actuarial Services, LLC |
| 1:2023cv00285 |
| January 19, 2023 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Michael L Brown |
| Eleanor L Ross |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| None |
Docket Report
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This docket was last retrieved on February 6, 2023. A more recent docket listing may be available from PACER.
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Filing 34
ORDER granting #32 Motion to Stay. This Action, including Defendant's deadline to answer, move, or otherwise respond to or address the Amended Complaint, is STAYED until 21 days after this Court issues a ruling on Defendant's pending Motion to Dismiss in Sherwood v. Horizon Actuarial Services, LLC, No. 1:22-cv-01495-ELR (N.D. Ga.). Signed by Judge Eleanor L. Ross on 2/6/23. (ceo)
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| Filing 33 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) |
| Clerk's Certificate of Mailing to Attorneys Bethany Vasquez, George Nemiroff, Edward Wynne and Matthew Righetti as to Horizon Actuarial Services, LLC and Teresa Jimenez re #33 Order. (mlb) |
| Clerk's Certificate of Mailing as to Attorneys George Nemiroff, Edward Wynne and Matthew Righetti representing Teresa Jimenez re #34 Order. (ceo) |
| Filing 32 Consent MOTION to Stay by Horizon Actuarial Services, LLC. (Attachments: #1 Text of Proposed Order)(Moss, Alycen) |
| Notification of Docket Correction the case was assigned to Judge Brown in error and is part of a class action suit before Judge Ross. The case will be assigned to her. (aar) |
| Judge Eleanor L. Ross added. (aar) |
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Filing 31
STANDING ORDER regarding Civil Litigation. Signed by Judge Michael L. Brown on 8/26/2021. (jpk)
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| Filing 30 Case transferred in from District of California Northern; Case Number 3:22-cv-04550. Original file certified copy of transfer order and docket sheet received. |
| Case electronically transferred to the Northern District of Georgia. (slh, COURT STAFF) (Filed on 1/19/2023) [Transferred from California Northern on 1/19/2023.] |
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Filing 29
ORDER RE TRANSFER AND REMAND. Signed by Judge James Donato on 1/18/2023. ***Civil Case Terminated. (jdlc3, COURT STAFF) (Filed on 1/18/2023) [Transferred from California Northern on 1/19/2023.]
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| Filing 28 SUPPLEMENTAL NOTICE of Pendency of Other Action or Proceeding filed by Horizon Actuarial Services, LLC (Attachments: #1 Exhibit - Exhibit A - Lausche Complaint, #2 Exhibit - Exhibit B - Joint STIPULATION to Transfer Case to United States District Court for the Northern District of Georgia, Atlanta Division with proposed Order - ECF 5)(Vasquez, Bethany) (Filed on 11/22/2022) Modified on 11/23/2022 (tn, COURT STAFF). [Transferred from California Northern on 1/19/2023.] |
| Filing 27 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Vasquez, Bethany) (Filed on 10/14/2022) [Transferred from California Northern on 1/19/2023.] |
| Filing 26 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Righetti, Matthew) (Filed on 10/14/2022) [Transferred from California Northern on 1/19/2023.] |
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Filing 25
ORDER. The motion to remand, Dkt. No. 10, and the motion to dismiss, transfer, or stay, Dkt. No. 18, are suitable for decision without oral argument pursuant to Civil Local Rule 7-1(b). The hearing that was set for October 13, 2022, is vacated. Signed by Judge James Donato on 10/6/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 10/6/2022) [Transferred from California Northern on 1/19/2023.]
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| Filing 24 REPLY (re #18 MOTION to Dismiss Transfer, or Stay Under the First-to-File Rule ) filed byHorizon Actuarial Services, LLC. (Vasquez, Bethany) (Filed on 9/28/2022) [Transferred from California Northern on 1/19/2023.] |
| Filing 23 CLERK'S NOTICE Continuing Motion Hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to #10 MOTION to Remand . Motion Hearing set for 10/13/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. (Related documents(s) #10 )(lrc, COURT STAFF) (Filed on 9/28/2022) [Transferred from California Northern on 1/19/2023.] |
| Filing 22 STIPULATION WITH PROPOSED ORDER re #18 MOTION to Dismiss Transfer, or Stay Under the First-to-File Rule to extend Deadline for Defendant's Reply Brief filed by Horizon Actuarial Services, LLC. (Vasquez, Bethany) (Filed on 9/27/2022) [Transferred from California Northern on 1/19/2023.] |
| Filing 21 REPLY (re #10 MOTION to Remand ) filed byTeresa Jimenez. (Attachments: #1 Certificate/Proof of Service Proof of Service)(Righetti, Matthew) (Filed on 9/20/2022) [Transferred from California Northern on 1/19/2023.] |
| Filing 20 OPPOSITION/RESPONSE (re #18 MOTION to Dismiss Transfer, or Stay Under the First-to-File Rule ) filed byTeresa Jimenez. (Attachments: #1 Declaration of George R. Nemiroff)(Wynne, Edward) (Filed on 9/20/2022) [Transferred from California Northern on 1/19/2023.] |
| Filing 19 OPPOSITION/RESPONSE (re #10 MOTION to Remand ) filed byHorizon Actuarial Services, LLC. (Vasquez, Bethany) (Filed on 9/6/2022) [Transferred from California Northern on 1/19/2023.] |
| Filing 18 MOTION to Dismiss Transfer, or Stay Under the First-to-File Rule filed by Horizon Actuarial Services, LLC. Motion Hearing set for 10/13/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 9/20/2022. Replies due by 9/27/2022. (Attachments: #1 Declaration of Mark Lewis In Support of Defendant's Motion to Dismiss, Transfer, or Stay, #2 Declaration of John J. Sullivan in Support of Defendants Motion to Dismiss, Transfer, or Stay, #3 Exhibits A-H in Support of Declaration of John J. Sullivan, #4 Proposed Order Granting Defendants Motion to Dismiss, Transfer, or Stay)(Vasquez, Bethany) (Filed on 9/6/2022) Modified on 9/7/2022 (slh, COURT STAFF). [Transferred from California Northern on 1/19/2023.] |
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Filing 17
ORDER by Judge James Donato granting #15 Motion for Pro Hac Vice as to John J. Sullivan. (lrc, COURT STAFF) (Filed on 8/30/2022) [Transferred from California Northern on 1/19/2023.]
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Filing 16
ORDER by Judge James Donato granting #14 Motion for Pro Hac Vice as to Max E. Kaplan. (lrc, COURT STAFF) (Filed on 8/30/2022) [Transferred from California Northern on 1/19/2023.]
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| Filing 15 MOTION for leave to appear in Pro Hac Vice for John J. Sullivan with proposed order, (Filing Fee: $317.00, receipt number ACANDC-17487653) filed by Horizon Actuarial Services, LLC. (Attachments: #1 Exhibit Certificate of Good Standing for John J. Sullivan)(Sullivan, John) (Filed on 8/29/2022) [Transferred from California Northern on 1/19/2023.] |
| Filing 14 MOTION for leave to appear in Pro Hac Vice for Max E. Kaplan with proposed order, (Filing Fee: $317.00, receipt number ACANDC-17487415) filed by Horizon Actuarial Services, LLC. (Attachments: #1 Exhibit Certificate of Good Standing for Max E. Kaplan)(Kaplan, Max) (Filed on 8/29/2022) [Transferred from California Northern on 1/19/2023.] |
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Filing 13
STIPULATION AND ORDER SETTING BRIEFING SCHEDULE FOR PLAINTIFFS MOTION FOR REMAND. Signed by Judge James Donato on 8/16/2022. (jdlc4, COURT STAFF) (Filed on 8/16/2022) [Transferred from California Northern on 1/19/2023.]
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| Filing 12 STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE FOR PLAINTIFFS MOTION FOR REMAND; NOTICE CONTINUING HEARING DATE re #10 MOTION to Remand filed by Horizon Actuarial Services, LLC. (Vasquez, Bethany) (Filed on 8/12/2022) [Transferred from California Northern on 1/19/2023.] |
| Filing 11 STIPULATION STIPULATION SETTING TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND TO FIRST AMENDED COMPLAINT filed by Horizon Actuarial Services, LLC. (Vasquez, Bethany) (Filed on 8/9/2022) [Transferred from California Northern on 1/19/2023.] |
| Filing 10 MOTION to Remand filed by Teresa Jimenez. Motion Hearing set for 9/15/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 8/23/2022. Replies due by 8/30/2022. (Attachments: #1 Proposed Order)(Wynne, Edward) (Filed on 8/9/2022) [Transferred from California Northern on 1/19/2023.] |
| Filing 9 NOTICE of Substitution of Counsel by Bethany A. Vasquez (Vasquez, Bethany) (Filed on 8/9/2022) [Transferred from California Northern on 1/19/2023.] |
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Filing 8
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 08/09/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 8/9/2022) [Transferred from California Northern on 1/19/2023.]
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| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/31/2022. Initial Case Management Conference set for 11/7/2022 01:30 PM in San Francisco, Courtroom C, 15th Floor. (slh, COURT STAFF) (Filed on 8/8/2022) [Transferred from California Northern on 1/19/2023.] |
| Filing 6 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mkl, COURT STAFF) (Filed on 8/8/2022) [Transferred from California Northern on 1/19/2023.] |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Teresa Jimenez.. (Wynne, Edward) (Filed on 8/8/2022) [Transferred from California Northern on 1/19/2023.] |
| Filing 4 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/22/2022. (jlg, COURT STAFF) (Filed on 8/8/2022) [Transferred from California Northern on 1/19/2023.] |
| Filing 3 CERTIFICATE OF SERVICE by Horizon Actuarial Services, LLC re #2 Certificate of Interested Entities,, #1 Notice of Removal, Civil Cover Sheet, and Notice of Pendency of Other Action or Proceeding (Richman, Dina) (Filed on 8/6/2022) [Transferred from California Northern on 1/19/2023.] |
| Filing 2 Certificate of Interested Entities by Horizon Actuarial Services, LLC identifying Other Affiliate Stephanie Patrick, Other Affiliate Stanley Goldfarb, Other Affiliate Cary Franklin, Other Affiliate Thomas Cliffel, Other Affiliate Kathleen Coda, Other Affiliate Mary Ann Tierney Dunleavy, Other Affiliate Mark K. Lewis, Other Affiliate Nathan H. Slaff, Other Affiliate Kevin Culp, Other Affiliate Gerald Crews, Other Affiliate Lewis Wade MacQuarrie for Horizon Actuarial Services, LLC. re #1 Notice of Removal, (Richman, Dina) (Filed on 8/5/2022) [Transferred from California Northern on 1/19/2023.] |
| Filing 1 NOTICE OF REMOVAL from San Francisco Superior Court. Their case number is CGC-22-600443. (Filing fee $402 receipt number CCANDC-17419581). Filed byHorizon Actuarial Services, LLC. (Attachments: #1 Exhibit A to Notice of Removal, #2 Exhibit B to Notice of Removal, #3 Exhibit C to Notice of Removal, #4 Notice of Pendency of Other Action or Proceeding, #5 Civil Cover Sheet)(Richman, Dina) (Filed on 8/5/2022) [Transferred from California Northern on 1/19/2023.] |
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