SocialCom, Inc. et al v. Arch Insurance Company et al
| Reeve Benaron and SocialCom, Inc. |
| ACE American Insurance Company, Insperity Inc, Arch Insurance Company and DOES 1-25, inclusive |
| 4:2020cv02402 |
| July 8, 2020 |
| US District Court for the Southern District of Texas |
| Keith P Ellison |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 14, 2020. A more recent docket listing may be available from PACER.
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Filing 39
ORDER OF DISMISSAL Granting #38 Notice of Dismissal (Signed by Judge Keith P Ellison) Parties notified.(gkelner, 4)
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| Filing 38 NOTICE of Dismissal as to All Defendants by SocialCom, Inc., Reeve Benaron, filed. (ShoshanaArnow, 4) |
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Filing 37
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/16/2020 at 10:00 AM in Courtroom 3A Houston before Judge Keith P Ellison( Judge Keith P Ellison) Parties notified.(BrendaLacy, 4)
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| Filing 36 Case transferred in from California Central. Case Number 2:20-cv-04056; certified copy of transfer order, certified docket sheet, and transfer letter received |
| Filing 35 (IN CHAMBERS) Insperity's Motion to Sever and Transfer Venue (DE #27 ) by Judge R. Gary Klausner: The Court GRANTS Insperity's Motion to Sever and Transfer Venue. Accordingly, the Court hereby SEVERS and TRANSFERS Plaintiffs' claim against Insperity to the USDC for the Southern District of Texas. Case transferred electronically. (MD JS-6. Case Terminated.) See Civil Minute for further specifics. (jp) |
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Filing 34
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant Insperity PEO Services LP's Motion to Sever all Claims Against Insperity PEO Services, LP and Transfer Case to Southern District of Texas, Houston Division #27 , calendared for hearing on July 6, 2020 has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 33 REPLY in Support of Amended NOTICE OF MOTION AND MOTION to Sever All Claims Against Insperity PEO Services, L.P. NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Texas, Houston Division #27 filed by Defendant Insperity, Inc.. (Attachments: #1 Objection to Declaration of Dale Washington [Doc #29-1], #2 Objection to Declaration of Reeve Benaron [Doc #29-2], #3 Proposed Order Objection to Declaration of Dale Washington [Doc #29-1], #4 Proposed Order Objection to Declaration of Reeve Benaron [Doc #29-2])(Price, Samuel) |
| Filing 32 ANSWER to Complaint - (Discovery), filed by Defendant ACE American Insurance Company.(Guirgis, Ralph) |
| Filing 31 Notice of Withdrawal of Motion to Dismiss (cause or other),,,,, Motion to Stay Case,,,,, Motion to Compel Arbitration,,,, #28 filed by defendant ACE American Insurance Company. (Attachments: #1 Exhibit)(Guirgis, Ralph) |
| Filing 30 Joint STIPULATION to Waive OR CONDITIONALLY WAIVE RIGHT TO JURY TRIAL IN THIS COURT filed by defendant ACE American Insurance Company.(Simpson, Sean) |
| Filing 29 Opposition to Motion to Sever OPPOSITION re: Amended NOTICE OF MOTION AND MOTION to Sever All Claims Against Insperity PEO Services, L.P. NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Texas, Houston Division #27 filed by Plaintiffs Reeve Benaron, SocialCom, Inc.. (Attachments: #1 Affidavit Declaration of Washington in Opposition, #2 Affidavit Declaration of Benaron in opposition)(Washington, Dale) |
| Filing 28 [WITHDRAWN-PER Notice of Withdrawal #31 - NOTICE OF MOTION AND MOTION to Dismiss Complaint or in the Alternative Stay the Action Pending Arbitration, NOTICE OF MOTION AND MOTION to Stay Case pending Arbitration , NOTICE OF MOTION AND MOTION to Compel Arbitration filed by defendant ACE American Insurance Company. Motion set for hearing on 7/13/2020 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration Declaration of Sean Simpson ISO of Defendant Ace American Insurance Company's Motion, #2 Exhibit A - Plaintiff's Complaint, #3 Exhibit B - Arch's Notice of Removal, #4 Exhibit C - Ace's Stip to Extend Time, #5 Exhibit D - Second Stip to Extend Time, #6 Exhibit E - AAA Arbitration Rules, #7 Exhibit F - Ace's Amended Statement of Incorp with SEC of State, #8 Exhibit G - Ace's Statement of Info Filed with CA SEC of State, #9 Exhibit H - Insperity Franchise Tax Account, #10 Exhibit I - SocialCom Statement of Information, #11 Proposed Order (Proposed) Order) (Simpson, Sean) Modified on 6/24/2020 (et). |
| Filing 27 Amended NOTICE OF MOTION AND MOTION to Sever All Claims Against Insperity PEO Services, L.P. , NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Texas, Houston Division filed by Defendant Insperity, Inc.. Motion set for hearing on 7/6/2020 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of Shannon Walker ISO Motion to Sever and Transfer, #2 Exhibit A - Client Services Agreement, #3 Exhibit B- Reeve Benaron Employment Agreement, #4 Exhibit C - CSA Terms & Conditions, #5 Exhibit D - Complaint, #6 Proposed Order) (Price, Samuel) |
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Filing 26
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: NOTICE OF MOTION AND MOTION to Sever Claims against Insperity PEO Services, L.P., to Transfer Case to Southern District of Texas, Houston Division #22 , NOTICE OF MOTION AND MOTION to Dismiss COMPLAINT OR IN THE ALTERNATIVE TO STAY THE ACTION and Compel Arbitration #23 , for the following reasons: Both motions contain single-spaced text. LR 11-3. Motion at docket 23 is lacking table of authorities. (jp)
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| Filing 25 CORPORATE DISCLOSURE STATEMENT OF DEFENDANT ACE AMERICAN INSURANCE COMPANY AND NOTICE OF INTERESTED PARTIES filed by Defendant ACE American Insurance Company identifying Chubb Limited as Corporate Parent. (Simpson, Sean) |
| Filing 24 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss COMPLAINT OR IN THE ALTERNATIVE STAY THE ACTION AND COMPEL ARBITATION NOTICE OF MOTION AND MOTION to Stay Case pending ARBITRATION NOTICE OF MOTION AND MOTION to Compel Arbitration #23 NOTICE OF MOTION AND MOTION TO DISMISS THE COMPLAINT, OR IN THE ALTERNATIVE, TO STAY THE ACTION AND COMPEL ARBITRATION filed by Defendant ACE American Insurance Company. (Simpson, Sean) |
| Filing 23 [DOCUMENT STRICKEN PER ORDER DATED ON 6/8/2020, SEE DOCKET ENTRY NO. #26 ] - NOTICE OF MOTION AND MOTION to Dismiss COMPLAINT OR IN THE ALTERNATIVE STAY THE ACTION AND COMPEL ARBITATION, NOTICE OF MOTION AND MOTION to Stay Case pending ARBITRATION , NOTICE OF MOTION AND MOTION to Compel Arbitration filed by defendant ACE American Insurance Company. Motion set for hearing on 7/13/2020 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration DECLARATION OF SEAN R. SIMPSON ISO OF DEFENDANT ACE AMERICAN'S MOTION, #2 Exhibit EXHIBIT A - PLAINTIFF'S COMPLAINT, #3 Exhibit EXHIBIT B - ARCH'S NOTICE OF REMOVAL, #4 Exhibit EXHIBIT C - ACE'S STIP TO EXTEND TIME, #5 Exhibit EXHIBIT D - SECOND STIP TO EXTEND TIME, #6 Exhibit EXHIBIT E - AAA ARBITRATION RULES, #7 Exhibit EXHIBIT F - ACE'S AMENDED STATEMENT OF INCORP WITH CA SEC OF STATE, #8 Exhibit EXHIBIT G - ACE'S STATEMENT OF INFO FILED WITH CA S, #9 Exhibit EXHIBIT H - INSPERITY FRANCHISE TAX ACCOUNT, #10 Exhibit EXHIBIT I - SOCIALCOM STATEMENT OF INFORMATION, #11 Proposed Order) (Simpson, Sean). Modified on 6/8/2020 (jp). |
| Filing 22 [DOCUMENT STRICKEN PER ORDER DATED ON 6/8/2020, SEE DOCKET ENTRY NO. #26 ] - NOTICE OF MOTION AND MOTION to Sever Claims against Insperity PEO Services, L.P. , NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Texas, Houston Division filed by Defendant Insperity, Inc.. Motion set for hearing on 7/6/2020 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of Shannon Walker ISO Motion to Sever and Transfer, #2 Exhibit A - Client Services Agreement, #3 Exhibit B - Benaron Employment Agreement, #4 Exhibit C - CSA Terms & Conditions, #5 Exhibit D - Complaint, #6 Proposed Order on Motion to Sever and Transfer Venue) (Price, Samuel). Modified on 6/8/2020 (jp). |
| Filing 21 CORPORATE DISCLOSURE STATEMENT filed by Defendant Insperity, Inc. identifying Administaff Partnerships Holding III, Inc. Administaff Companies, Inc. Insperity Holdings, Inc. Insperity, Inc. as Corporate Parent. (Price, Samuel) |
| Filing 20 NOTICE of Interested Parties filed by Defendant Insperity, Inc., identifying Insperity PEO Services, L.P.; Administaff Partnerships Holding III, Inc.; Administaff Companies, Inc.; Insperity Holdings, Inc.; Insperity, Inc.. (Price, Samuel) |
| Filing 19 ANSWER to Complaint - (Discovery), filed by Defendant Insperity, Inc.. (Attachments: #1 Exhibit A - Client Services Agreement, #2 Exhibit B - CSA Terms & Conditions)(Price, Samuel) |
| Filing 18 Second STIPULATION Extending Time to Answer the complaint as to Insperity, Inc. answer now due 6/5/2020; ACE American Insurance Company answer now due 6/5/2020, filed by Defendant Insperity, Inc..(Attorney Samuel R W Price added to party Insperity, Inc.(pty:dft))(Price, Samuel) |
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Filing 17
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 9/4/2020. Scheduling Conference set for 9/14/2020 at 9:00 am. (sw)
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Filing 16
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw)
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Filing 15
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Ronald S.W. Lew to Judge R. Gary Klausner for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-04056 RGK(AGRx). (rn)
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| Filing 14 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Michael R. Wilner to Judge Ronald S.W. Lew for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Alicia G. Rosenberg. The case number will now reflect the initials of the transferee Judges 2:20-cv-04056 RSWL(AGRx). (rn) |
| Filing 13 STATEMENT Statement of Consent to Proceed Before a Magistrate Judge filed by Defendant Insperity, Inc. (Price, Samuel) |
| Filing 12 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge (Ridley, Eileen) |
| Filing 11 STIPULATION Extending Time to Answer the complaint as to ACE American Insurance Company answer now due 5/26/2020; Insperity, Inc. answer now due 5/26/2020, re Complaint - (Discovery), filed by defendant ACE American Insurance Company.(Attorney Sean Robert Simpson added to party ACE American Insurance Company(pty:dft))(Simpson, Sean) |
| Filing 10 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge (Washington, Dale) |
| Filing 9 PROOF OF SERVICE filed by Defendant Arch Insurance Company, re Notice to Counsel (CV-20a) Magistrate Judge Direct Assignment Program - optional html form #7 , Reminder Notice to Counsel (CV-14) re MJ Civil Consent Pilot Project - optional html form, #8 served on May 5 and May 6, 2020. (Klinsport, Kimberly) |
| Filing 8 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (vm) |
| Filing 7 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Michael R. Wilner. (Attachments: #1 CV-11C) (car) |
| Filing 6 PROOF OF SERVICE filed by Defendant Arch Insurance Company, served on 05/01/2020. (Attachments: #1 Notice of Notice of Removal)(Wu, Jason) |
| CONFORMED COPY OF COMPLAINT against Defendants ACE American Insurance Company, Arch Insurance Company, Does 1-25, inclusive, Insperity, Inc. Jury Demanded., filed by Plaintiffs SocialCom, Inc., Reeve Benaron. Filed in State Court on 3/30/2020 Submitted with Attachment 2 to Notice of Removal #1 (car) Modified on 5/4/2020 (car). |
| CONFORMED COPY OF ANSWER to Complaint - (Discovery), with JURY DEMAND filed by Defendant Arch Insurance Company. Filed in State Court on 5/1/2020 Submitted with Attachment 5 to Notice of Removal #1 (car) |
| Filing 5 NOTICE OF ERRATA filed by Defendant Arch Insurance Company. correcting Notice of Removal (Attorney Civil Case Opening),, #1 (Attachments: #1 Corrected Notice of Removal)(Wu, Jason) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant Arch Insurance Company identifying Arch Capital Group Ltd. as Corporate Parent. (Ridley, Eileen) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Arch Insurance Company, (Ridley, Eileen) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Arch Insurance Company. (Ridley, Eileen) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 20STCV12579 Receipt No: ACACDC-26308746 - Fee: $400, filed by Defendant Arch Insurance Company. (Attachments: #1 Declaration of Kimberly A. Klinsport, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Declaration of Lourdes M. Baez, #7 Request for Judicial Notice, #8 Exhibit A, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D, #12 Exhibit E, #13 Exhibit F, #14 Exhibit G, #15 Exhibit H, #16 Exhibit I, #17 Exhibit J) (Attorney Eileen R Ridley added to party Arch Insurance Company(pty:dft))(Ridley, Eileen) |
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