Silver Atuseri v. CMFG Life Insurance Company
California Central District Court | |
Judge: | Dale S Fischer |
Referred: | Jean P Rosenbluth |
Case #: | 2:23-cv-01820 |
Nature of Suit | 110 Contract - Insurance |
Cause | 28:1332 Diversity-Insurance Contract |
Case Filed: | Mar 10, 2023 |
Case in other court: | Los Angeles County Superior Court, 22STCV35378 |
Last checked: Wednesday Sep 06, 2023 2:22 AM PDT |
Defendant
CMFG Life Insurance Company
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Represented By
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Plaintiff
Silver Atuseri
1844 Ivory Avenue
Palmdale, CA 93550 |
Docket last updated: 7 hours ago |
Friday, March 01, 2024 | ||
28 | 28
order
Substitute Attorney
Fri 03/01 12:10 PM
ORDER GRANTING REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY27 by Judge Dale S. Fischer. Granting27 Request to Substitute Attorney. (rolm) |
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Monday, February 26, 2024 | ||
27 | 27
motion
Substitute Attorney (G-01)
Mon 02/26 12:21 PM
REQUEST TO SUBSTITUTE ATTORNEY KINGSLEY OPIA-ENWEMUCHE in place of attorney SILVER ATUSERI filed by Attorney Silver Atuseri. (Attorney Kingsley Opia-Enwemuche added to party Silver Atuseri(pty:pla)) (Opia-Enwemuche, Kingsley) |
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Att: 1 Proposed Order Re Substitution of Attorney | ||
Wednesday, May 10, 2023 | ||
26 | 26
misc
Disclosure
Thu 05/11 5:50 PM
INITIAL DISCLOSURE filed by Plaintiff Silver Atuseri. (jp) |
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Wednesday, April 26, 2023 | ||
25 | 25
order
Order/Referral to ADR (No 3) (Private Mediator) (ADR-12)
Wed 04/26 1:45 PM
ORDER/REFERRAL to ADR Procedure No 3 by Judge Dale S. Fischer. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 6/10/2024. (pk) |
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24 | 24
order
Pretrial-Trial Scheduling Order - form only
Wed 04/26 1:43 PM
Order re Jury Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Final Pretrial Conference set for 8/5/2024 at 03:00 PM. Jury Trial set for 9/3/2024 at 08:30 AM before Judge Dale S. Fischer. (pk) |
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23 | 23
textonly
Text Only Scheduling Notice
Wed 04/26 1:39 PM
TEXT ONLY ENTRY: (IN CHAMBERS) SCHEDULING ORDER. The Court establishes the case management dates as proposed by parties in the Joint Rule 26(f) Report as further described in the Schedule of Pretrial and Trial dates except as noted in the Order re Trial. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. All fictitiously named defendants are dismissed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pk) |
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22 | 22
service
Proof of Service (subsequent documents)
Wed 04/26 9:10 AM
CERTIFICATE OF SERVICE filed by Defendant CMFG Life Insurance Company, re Joint Report Rule 26(f) Discovery Plan21 , Response20 served on 4/26/2023. (Ayala, Andrew) |
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Tuesday, April 25, 2023 | ||
21 | 21
misc
Joint Report Rule 26(f) Discovery Plan
Tue 04/25 5:19 PM
JOINT REPORT Rule 26(f) Discovery Plan (Amended) ; estimated length of trial 3-4 Days, filed by Defendant CMFG Life Insurance Company..(Ayala, Andrew) |
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Att: 1 Exhibit A - Plaintiff's Rule 26(f) Report | ||
20 | 20
misc
Response
Tue 04/25 5:13 PM
RESPONSE filed by Defendant CMFG Life Insurance Companyto Text Only Scheduling Notice,,,,,,,,,,, 17 Declaration of Andrew S. Ayala in Response to Order to Show Cause (Ayala, Andrew) |
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19 | 19
misc
Joint Report Rule 26(f) Discovery Plan
Tue 04/25 4:41 PM
JOINT RULE 26(F) REPORT Scheduling Conference filed by Plaintiff Silver Atuseri. (jp) |
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18 | 18
order
Appear Pro Hac Vice
Tue 04/25 11:56 AM
ORDER by Judge Dale S. Fischer GRANTING14 Non-Resident Attorney Franziska R Mangot APPLICATION to Appear Pro Hac Vice on behalf of Defendant CMFG Life Insurance Company, designating Andrew S Ayala as local counsel. (jp) |
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Thursday, April 20, 2023 | ||
17 | 17
textonly
Text Only Scheduling Notice
Thu 04/20 11:28 AM
ORDER TO SHOW CAUSE RE SANCTIONS. This overburdened court and its staff do not have time to communicate repeatedly with counsel in an effort to have them follow the rules and orders of this Court. Counsel have failed to comply with the Order Setting Scheduling Conference and the attached Schedule of Pretrial and Trial Dates in one or more respects. For example, counsel may have (1) failed to file a Joint 26(f) Report at all, (2) failed to provide all of the information required by the Order, (3) failed to attach a Schedule, or (4) failed to complete the Schedule properly. Counsel are ordered to show cause why each side should not be sanctioned in the amount of $500 for their failure to comply with the Order. Counsel whose signature appears on the Joint 26(f) Report must file a declaration stating who was (1) responsible for meeting with opposing counsel, (2) responsible for preparing and reviewing the Report and ensuring its accuracy and compliance with the Order, and (3) responsible for filing the Report. The declaration should state the name of that person (only if the person is an attorney) and the position of that person (partner, associate, paralegal, assistant, secretary, etc.). The declaration shall also state why the Report failed to comply with the Order. If no Report was filed, the declaration must state who was (1) responsible for calendaring the date for meeting with counsel and filing the Report, (2) responsible for responsible for meeting with opposing counsel, and (3) responsible for filing the Report. The same information as to name and position must be provided as well as an explanation as to why no Report was filed. In addition, the parties are ordered to review the Order Setting Scheduling Conference and the attached Schedule of Pretrial and Trial Dates carefully, and to provide a Report and a Schedule that provides specific dates for all of the relevant items in the Schedule. The dates must comply with the time frames in the Weeks before trial column and the required days of the week: a Monday (not a holiday) for the pretrial conference and last day for hearing motions and a Tuesday (not a holiday) for trial. The declarations, Report, and Schedule are due within five Court days. The filing of compliant declarations, Report, and Schedule will be a sufficient response to this Order to Show Cause. The scheduling conference date is vacated. The parties are urged to conduct themselves in a professional manner and to make every effort to agree on dates. Further failures to comply with the rules and orders of this Court, and the rules and orders of the Central District, will result in sanctions against one or both parties. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) |
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16 | 16
service
Proof of Service (subsequent documents)
Thu 04/20 9:33 AM
CERTIFICATE OF SERVICE filed by Defendant CMFG Life Insurance Company, re APPLICATION of Non-Resident Attorney Franziska R. Mangot to Appear Pro Hac Vice on behalf of Defendant CMFG Life Insurance Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35167349)14 , Stipulation for Order15 served on 4/20/2023. (Ayala, Andrew) |
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15 | 15
3
pgs
stip
Order
Thu 04/20 8:56 AM
Joint STIPULATION for Order to Appear by Telephone at Scheduling Conference filed by Defendant CMFG Life Insurance Company.(Ayala, Andrew) |
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Att: 1 Declaration of Franziska R. Mangot, | ||
Att: 2 Proposed Order | ||
Wednesday, April 19, 2023 | ||
14 | 14
motion
Appear Pro Hac Vice (G-64)
Wed 04/19 5:07 PM
APPLICATION of Non-Resident Attorney Franziska R. Mangot to Appear Pro Hac Vice on behalf of Defendant CMFG Life Insurance Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35167349) filed by Defendant CMFG Life Insurance Company. (Ayala, Andrew) |
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Att: 1 Proposed Order | ||
Monday, April 17, 2023 | ||
13 | 13
misc
Joint Report Rule 26(f) Discovery Plan
Mon 04/17 6:49 PM
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-4 days, filed by Defendant CMFG Life Insurance Company..(Ayala, Andrew) |
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Att: 1 Appendix Schedule of Pretrial and Trial Dates | ||
Monday, March 27, 2023 | ||
12 | 12
service
Service of Summons and Complaint Returned Executed (21 days)
Mon 03/27 3:54 PM
PROOF OF SERVICE Executed by Plaintiff Silver Atuseri, upon Defendant CMFG Life Insurance Company served on 2/8/2023, answer due 3/1/2023. Service of the Summons and Complaint were executed upon DAN KNIGHT, Payroll in compliance with statute not specified by personal service. Original Summons NOT returned. (lom) |
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11 | 11
service
Proof of Service (subsequent documents)
Mon 03/27 3:49 PM
PROOF OF SERVICE re Notice re Case Management Conference10 filed by Plaintiff Silver Atuseri. (lom) |
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Friday, March 17, 2023 | ||
10 | 10
order
Initial Order Setting R26 Scheduling Conference - form only
Fri 03/17 12:39 PM
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 4/24/2023 at 11:00 AM before Judge Dale S. Fischer. (rfi) |
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9 | 9
answer
Answer to Complaint (Discovery)
Fri 03/17 12:20 PM
ANSWER to Complaint - (Discovery) and Affirmative Defenses filed by Defendant CMFG Life Insurance Company.(Ayala, Andrew) |
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Wednesday, March 15, 2023 | ||
8 | 8
service
Proof of Service (subsequent documents)
Wed 03/15 9:37 AM
CERTIFICATE OF SERVICE filed by Defendant CMFG Life Insurance Company, re Notice of Assignment to United States Judges(CV-18) - optional html form4 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form5 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form6 , Initial Order upon Filing of Complaint - form only,,7 served on March 15, 2023. (Ayala, Andrew) |
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Monday, March 13, 2023 | ||
7 | 7
order
Initial Order upon Filing of Complaint - form only
Mon 03/13 12:16 PM
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi) |
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6 | 6
notice
Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form
Mon 03/13 8:56 AM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
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5 | 5
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Mon 03/13 8:56 AM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
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4 | 4
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Mon 03/13 8:55 AM
NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Jean P. Rosenbluth. (lh) |
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Friday, March 10, 2023 | ||
3 | 3
misc
Corporate Disclosure Statement
Fri 03/10 3:01 PM
CORPORATE DISCLOSURE STATEMENT and Notice of Interested Parties filed by Defendant CMFG Life Insurance Company identifying TruStage Financial Group, Inc. as Corporate Parent. (Ayala, Andrew) |
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2 | 2
3
pgs
misc
Civil Cover Sheet (CV-71)
Fri 03/10 2:58 PM
CIVIL COVER SHEET filed by Defendant CMFG Life Insurance Company. (Ayala, Andrew) |
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1 | 1
notice
Notice of Removal (Attorney Civil Case Opening)
Fri 03/10 2:55 PM
NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 22STCV35378 Receipt No: ACACDC-34936893 - Fee: $402, filed by Defendant CMFG Life Insurance Company. (Attorney Andrew Stewart Ayala added to party CMFG Life Insurance Company(pty:dft))(Ayala, Andrew) |
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Att: 1 85 pgs Exhibit A - State Court documents | ||
cmp
Complaint - (Discovery)
Mon 03/13 9:00 AM
CONFORMED FILED COPY OF COMPLAINT against Defendant CMFG Life Insurance Company, filed by Plaintiff Silver Atuseri. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 11/8/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL1 ) (lh) |