CM/ECF - California Central District https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?294356373116...

(AGRx), DISCOVERY, MANADR

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

(Western Division - Los Angeles)
CIVIL DOCKET FOR CASE #: 2:09-cv-04584-RGK-AGR

St. Paul Fire & Marine Insurance Company v. ACE Date Filed: 06/25/2009
American Insurance Company Jury Demand: None
Assigned to: Judge R. Gary Klausner Nature of Suit: 110 Insurance
Referred to: Magistrate Judge Alicia G. Rosenberg Jurisdiction: Diversity
Cause: 28:1332 Diversity-Insurance Contract
Plaintiff
St. Paul Fire & Marine Insurance represented by Patricia Anne Daza
Company Weston and McElvain LLP
a Minnesota corporation 27520 Hawthorne Boulevard
Suite 130
Rollings Hills Estates, CA 90274
310-541-8341
Fax: 310-541-8307
Email: pdaza@wmattorneys.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Wynn C Kaneshiro
Weston & McElvain LLP
27520 Hawthorne Boulevard Suite 180
Rolling Hills Estate, CA 90274
310-541-8341
Fax: 310-541-8307
Email: wckaneshiro@wmattorneys.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
ACE American Insurance Company represented by Charles Edward Wheeler
a Pennsylvania corporation Cozen O'Connor
501 W Broadway
Ste 1610
San Diego, CA 92101

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619-234-1700
Email: cwheeler@cozen.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ramiro Morales
Morales Fierro and Reeves
2300 Contra Costa Boulevard, Suite
310
Pleasant Hill, CA 94523
925-288-1776
Email: rmorales@mfrlegal.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

06/25/2009 1 COMPLAINT against Defendant ACE American Insurance Company. (Filing
fee $ 350 PAID.), filed by Plaintiff St. Paul Fire & Marine Insurance Company.
(et) (amar). (Entered: 06/29/2009)
06/25/2009 20 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant ACE
American Insurance Company. (et) (Entered: 06/29/2009)
06/25/2009 2 NOTICE of Interested Parties filed by Plaintiff St. Paul Fire & Marine Insurance
Company. (et) (amar). (Entered: 06/29/2009)
06/25/2009 3 NOTICE of Related Case(s) filed by Plaintiff St. Paul Fire & Marine Insurance
Company. Related Case(s): NO RELATED ACTION. (et) (amar). (Entered:
06/29/2009)
06/25/2009 4 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed. (et) (Entered:
06/29/2009)
07/01/2009 5 ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W.
Lew. ORDER case returned to the Clerk for random reassignment pursuant to
General Order 08-05. 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 CV 09-04584 RGK(AGRx). (rn)
(Entered: 07/01/2009)
07/02/2009 6 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R.
Gary Klausner: READ THIS ORDER CAREFULLY. IT CONTROLS THIS
CASE. This action has been assigned to the calendar of Judge R Gary Klausner.
The Responsibility for the progress of litigation in the Federal Courts falls not
only upon the attorneys in the action but upon the Court as well. To secure the
just, speedy and inexpensive determination of every action, all counsel are

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hereby ordered to familiarize themselves with the Federal Rules of Civil

Procedures (See document for further details). (shb) (Entered: 07/06/2009)
07/03/2009 7 MINUTES (IN CHAMBERS)NOTICE TO ALL PARTIES AND ORDER by
Judge R. Gary Klausner: This matter has been transferred to the calendar of the
Honorable R. Gary Klausner, United States District Judge. The parties are
hereby notified that the reference to the ADR Pilot Program is VACATED. IT IS
SO ORDERED. (yl) (Entered: 07/06/2009)
07/16/2009 8 FIRST STIPULATION Extending Time to Answer the complaint as to ACE
American Insurance Company answer now due 7/31/2009, filed by
DEFENDANT ACE American Insurance Company.(Wheeler, Charles)
(Entered: 07/16/2009)
07/16/2009 9 PROOF OF SERVICE Executed St. Paul Fire & Marine Insurance Company,
upon ACE American Insurance Company served on 6/26/2009, answer due
7/31/2009. The Summons and Complaint were served by Personal service, by
State statute, upon Wendy Mayorga, Process Specialist. Due Dilligence
declaration no. Original Summons no. (Kaneshiro, Wynn) (Entered: 07/16/2009)
07/20/2009 10 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents.
The following error(s) was found: Case number is incorrect or missing correct
judge initials. RE: First Stipulation Extending Time to Answer (30 days or less)
8 . In response to this notice the court may order (1) an amended or correct
document to be filed (2) the document stricken or (3) take other action as the
court deems appropriate. (shb) (Entered: 07/20/2009)
07/20/2009 11 FIRST STIPULATION Extending Time to Answer the complaint as to filed by
defendant ACE American Insurance Company.(Wheeler, Charles) (Entered:
07/20/2009)
07/22/2009 12 ORIGINAL SUMMONS RETURNED filed by Plaintiff St. Paul Fire & Marine
Insurance Company. (gk) (Entered: 07/23/2009)
07/29/2009 13 NOTICE of Manual Filing filed by Plaintiff St. Paul Fire & Marine Insurance
Company of Return of Summons. (Kaneshiro, Wynn) (Entered: 07/29/2009)
08/27/2009 14 FIRST STIPULATION Extending Time to Answer the complaint as to ACE
American Insurance Company answer now due 9/11/2009,, Second
STIPULATION for Extension of Time to File Response to Complaint filed by
Defendant ACE American Insurance Company.(Wheeler, Charles) (Entered:
08/27/2009)
09/15/2009 15 Third STIPULATION for Extension of Time to File Response to Complaint,
FIRST STIPULATION Extending Time to Answer the complaint as to ACE
American Insurance Company answer now due 9/21/2009, filed by defendant
ACE American Insurance Company.(Wheeler, Charles) (Entered: 09/15/2009)

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09/15/2009 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents.

The following error(s) was found: Proposed order is not attached. RE:
Stipulation for Extension of Time to File, First Stipulation Extending Time to
Answer (30 days or less),, First Stipulation Extending Time to Answer (30 days
or less) 15 . In response to this notice the court may order (1) an amended or
correct document to be filed (2) the document stricken or (3) take other action as
the court deems appropriate. (yl) (Entered: 09/21/2009)
09/17/2009 16 FIRST STIPULATION Extending Time to Answer the complaint as to filed by
defendant ACE American Insurance Company.(Wheeler, Charles) (Entered:
09/17/2009)
09/21/2009 18 NOTICE of Change of Attorney Information for attorney Patricia Anne Daza
counsel for Plaintiff St. Paul Fire & Marine Insurance Company. Filed by
Plaintiff St. Paul Fire & Marine Insurance Company (Daza, Patricia) (Entered:
09/21/2009)
09/21/2009 19 NOTICE of Appearance filed by attorney Patricia Anne Daza on behalf of
Plaintiff St. Paul Fire & Marine Insurance Company (Daza, Patricia) (Entered:
09/21/2009)
09/21/2009 20 ORDER by Judge R. Gary Klausner: DENYING Third Stipulation Extending
Time to Answer Complaint 16 (shb) (Entered: 09/22/2009)
10/01/2009 21 SUBSTITUION OF ATTORNEY FOR ACE AMERICAN INSURANCE
COMPANY (Morales, Ramiro) (Entered: 10/01/2009)
10/02/2009 22 NOTICE Notice of Errata Regarding Substitution of Attorneys for Ace
American Insurance Company (CM/ECF Document 21) filed by Defendant
ACE American Insurance Company. (Morales, Ramiro) (Entered: 10/02/2009)
10/02/2009 23 Substitution of Attorney for Ace American Insurance Company filed by
Defendant ACE American Insurance Company (Attachments: # 1 Proposed
Order Court Approval of Substitution of Attorneys)(Morales, Ramiro) (Entered:
10/02/2009)
10/02/2009 24 ANSWER to Complaint - (Discovery) 1 ANSWER filed by Defendant ACE
American Insurance Company.(Morales, Ramiro) (Entered: 10/02/2009)
10/02/2009 25 NOTICE of Interested Parties filed by Defendant ACE American Insurance
Company, identifying ACE Limited, ACE Group Holdings, Inc., ACE INA
Holdings, Inc, INA Corporation, INA Financial Corporation, and INA Holdings
Corporation. (Morales, Ramiro) (Entered: 10/02/2009)
10/02/2009 26 PROOF OF SERVICE filed by Defendant ACE American Insurance Company,
re Miscellaneous Document 23 , Notice (Other) 22 , Certificate/Notice of
Interested Parties 25 , Answer to Complaint (Discovery) 24 served on 10/02/09.
(Morales, Ramiro) (Entered: 10/02/2009)

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10/02/2009 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents.

The following error(s) was found: Proposed Document was not submitted as
separate attachment RE: Miscellaneous Document 21 . In response to this notice
the court may order (1) an amended or correct document to be filed (2) the
document stricken or (3) take other action as the court deems appropriate. (shb)
(Entered: 10/02/2009)
10/09/2009 28 MINUTES (IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by
Judge R. Gary Klausner: On September 21, 2009, this Court issued denied the
request for a third extension of time for defendant to respond to the complaint.
On October 2, 2009, defendant electronically filed an answer. The Court orders
defendant to show cause in writing on or before October 16, 2009 why the
answer should not be stricken as untimely. IT IS SO ORDERED (yl) (Entered:
10/09/2009)
10/15/2009 29 RESPONSE filed by Defendant ACE American Insurance Companyto Minutes
of In Chambers Order/Directive - no proceeding held, Set Deadlines/Hearings,,
28 RESPONSE TO ORDER TO SHOW CAUSE WHY ANSWER SHOULD NOT
BE STRICKEN (Attachments: # 1 Declaration Declaration of Donalee Pelovsky
in Support of Response to Order to Show Cause Why Answer Should Not Be
Stricken, # 2 Declaration Declaration of Elizabeth Celniker in Support of
Response to Order to Show Cause Why Answer Should Not Be Stricken, # 3
Proof of Service)(Morales, Ramiro) (Entered: 10/15/2009)
10/22/2009 30 MINUTES OF IN CHAMBERS ORDER held before Judge R. Gary Klausner:
ORDER DISCHARGING ORDER TO SHOWCAUSE. The Order to Show
Cause (DE 28), filed October 9, 2009, is hereby DISCHARGED. (sce) (Entered:
10/22/2009)
03/05/2010 31 NOTICE of Change of Attorney Information for attorney Wynn C Kaneshiro
counsel for Plaintiff St. Paul Fire & Marine Insurance Company. Changing
Address - Suite Number to Suite 180. Filed by Plaintiff St. Paul Fire & Marine
Insurance Company (Kaneshiro, Wynn) (Entered: 03/05/2010)
03/30/2010 32 ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary
Klausner: Scheduling Conference set for 5/17/2010 09:00 AM before Judge R.
Gary Klausner. Counsel are ordered to file a joint statement providing a brief
factual summary of the case, including the claims being asserted. Parties are
reminded of their obligation to disclose information and confer on a discovery
plan, not later than 21 days prior to the scheduling conference and to file a joint
statement with the Court not later than 14 days after they confer as required by
FRCP 26 and the Local Rules of this Court. Failure to comply may lead to the
imposition of sanctions. (shb) (Entered: 03/30/2010)
03/31/2010 33 NOTICE of Scheduling Conference filed by Plaintiff St. Paul Fire & Marine
Insurance Company. (Kaneshiro, Wynn) (Entered: 03/31/2010)

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05/10/2010 34 NOTICE AND REQUEST of Settlement Procedure Selection (Sp3); parties

request to appear before a retired judicial officer or other dispute resolution body
for mediation type settlement proceedings. Filed by Plaintiff St. Paul Fire &
Marine Insurance Company(Daza, Patricia) (Entered: 05/10/2010)
05/10/2010 35 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4-5, filed
by Plaintiff St. Paul Fire & Marine Insurance Company.. (Daza, Patricia)
(Entered: 05/10/2010)
05/17/2010 37 MINUTES OF SCHEDULING CONFERENCE: Scheduling Conference held
before Judge R. Gary Klausner: Case called. Court and counsel confer. The
Scheduling Conference is held. The Court sets the following dates: Discovery
cut-off 11/22/2010. Motions due by 12/7/2010. Final Pretrial Conference set for
2/7/2011 09:00 AM before Judge R. Gary Klausner. Jury Trial set for 2/22/2011
09:00 AM before Judge R. Gary Klausner. Last day to motion the Court to
amend the pleadings or add parties is June 10, 2010. The parties have selected
settlement option 3.Court Reporter: Lynne Nicholson. (shb) (Entered:
05/19/2010)
05/18/2010 36 ORDER FOR JURY TRIAL by Judge R. Gary Klausner: Final Pretrial
Conference set for 2/7/2011 09:00 AM before Judge R. Gary Klausner., Jury
Trial set for 2/22/2011 09:00 AM before Judge R. Gary Klausner. (shb)
(Entered: 05/19/2010)
05/21/2010 38 ORDER by Judge R. Gary Klausner: Granted the NOTICE AND REQUEST of
Settlement Procedure Selection (Sp3) requiring the parties to appear before a
retired judicial officer or other private or non-profit dispute resolution body.
(shb) (Entered: 05/21/2010)
10/28/2010 39 STIPULATION to Continue Discovery Cut-Off, Motion Cut-Off, Pre-Trial
Conference and Trial Date from February 22, 2011 (Trial) to March 24, 2011
(Trial) Re: Scheduling Conference, Set/Reset Deadlines/Hearings,,,, 37 filed by
Plaintiff St. Paul Fire & Marine Insurance Company. (Attachments: # 1
Proposed Order)(Kaneshiro, Wynn) (Entered: 10/28/2010)
11/03/2010 40 ORDER CONTINUING DISCOVERY CUTOFF, MOTION FILING CUT-OFF,
PRETRIAL CONFERENCE AND TRIAL by Judge R. Gary Klausner: IT IS
HEREBY ORDERED THAT: All dates set by the Order re: Scheduling
Conference [Docket No. 37], are hereby continued as set forth below. [See
document for details] 37 (ake) (Entered: 11/03/2010)
11/08/2010 41 EX PARTE APPLICATION to Continue Motion Deadline from December 7,
2010 to December 21, 2010 and Memorandum of Points and Authorities in
Support filed by defendant ACE American Insurance Company. (Attachments: #
1 Declaration of Elizabeth B. Celniker in Support, # 2 Proposed Order, # 3 Proof
of Service)(Morales, Ramiro) (Entered: 11/08/2010)

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11/09/2010 42 OPPOSITION to EX PARTE APPLICATION to Continue Motion Deadline

from December 7, 2010 to December 21, 2010 and Memorandum of Points and
Authorities in Support 41 filed by Plaintiff St. Paul Fire & Marine Insurance
Company. (Daza, Patricia) (Entered: 11/09/2010)
11/12/2010 43 STIPULATION to Continue Pre-Trial and Trial Dates filed by Plaintiff St. Paul
Fire & Marine Insurance Company. (Attachments: # 1 Proposed Order to
Continue Pre-Trial and Trial Dates)(Daza, Patricia) (Entered: 11/12/2010)
11/16/2010 44 ORDER by Judge R. Gary Klausner: denying 41 Ex Parte Application to
Continue the motion deadline. (shb) (Entered: 11/17/2010)
11/17/2010 45 ORDER by Judge R. Gary Klausner, DENYING Stipulation to Continue Pretrial
and Trial Dates 43 (shb) (Entered: 11/17/2010)

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