Associated Industries Insurance Company v. KP Anaheim Holdings LLC et al

California Central District Court
Judge:Fernando L Aenlle-Rocha
Referred: Alicia G Rosenberg
Case #: 2:24-cv-03367
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Other Contract
Case Filed:Apr 23, 2024
Terminated:Sep 23, 2024
Last checked: Sunday Oct 20, 2024 2:17 AM PDT
Defendant
Does
Defendant
KP Anaheim Holdings LLC
Represented By
Jason P Saccuzzo
Vivoli Saccuzzo LLP
contact info
Defendant
Lexington Courtyard Management LLC
Represented By
Jason P Saccuzzo
Vivoli Saccuzzo LLP
contact info
Plaintiff
Associated Industries Insurance Company
Represented By
Robert V Closson
Hirsch Closson Aplc
contact info
Jodi E. Lambert
Hirsch Closson Aplc
contact info


Docket last updated: 05/18/2025 11:59 PM PDT
Monday, September 23, 2024
30 30 order Dismiss Mon 09/23 4:24 PM
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS WITHOUT PREJUDICE15 by Judge Fernando L. Aenlle-Rocha: Before the court is Defendants KP Anaheim Holdings, LLC and Lexington Courtyard Management, LLC Motion to Dismiss or Stay Declaratory Relief Action. The court GRANTS the Motion and DISMISSES the action without prejudice to its refiling pending conclusion of the Underlying Action. All deadlines governing this action are VACATED. The clerk shall administratively close the case.(MD JS-6. Case Terminated) (lc) Modified on 9/23/2024 (lc)
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Wednesday, August 21, 2024
29 29 order Scheduling Order ~Util - Set/Reset Deadlines/Hearings Wed 08/21 3:32 PM
SCHEDULING AND TRIAL ORDER by Judge Fernando L. Aenlle-Rocha: Final Pretrial Conference set for 8/22/2025 01:30 PM ; Jury Trial set for 9/25/2025 08:15 AM ; Motion in Limine set for hearing on 8/22/2025 at 01:30 PM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc) Modified on 8/21/2024 (lc)
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28 28 order Order/Referral to ADR (No 3) (Private Mediator) (ADR-12) Wed 08/21 7:47 AM
ORDER/REFERRAL to ADR Procedure No 3 by Judge Fernando L. Aenlle-Rocha. 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 07/18/2025. (tf)
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27 27 textonly Text Only Scheduling Notice Wed 08/21 7:46 AM
(IN CHAMBERS) ORDER by Fernando L. Aenlle-Rocha: The court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the court VACATES the August 23, 2024, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf)
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Monday, August 19, 2024
26 26 misc Response Mon 08/19 11:40 AM
RESPONSE filed by Plaintiff Associated Industries Insurance Companyto Order to Show Cause,,,23 Re: Subject Matter Jurisdiction(Closson, Robert)
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Att: 1 Declaration of Kuczynski ISO P's Response to OSC Re: Subject Matter Jurisdiction
Friday, August 09, 2024
25 25 misc Joint Report Rule 26(f) Discovery Plan Fri 08/09 10:10 AM
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-3, filed by Plaintiff Associated Industries Insurance Company.. (Lambert, Jodi)
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Wednesday, August 07, 2024
24 24 textonly Text Only Scheduling Notice Wed 08/07 11:37 AM
(IN CHAMBERS) ORDER TAKING MOTION OF DEFENDANTS KP ANAHEIM HOLDINGS LLC, LEXINGTON COURTYARD MANAGEMENT LLC TO DISMISS OR STAY ENTIRE DECLARATORY RELEIF ACTION (DKT.15 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the Motion to Dismiss or Stay Entire Action currently scheduled for hearing on August 9, 2024, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf)
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Monday, August 05, 2024
23 23 3 pgs order Order to Show Cause Mon 08/05 5:20 PM
ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Fernando L. Aenlle-Rocha: The parties are ORDERED to SHOW CAUSE, in writing only, within fourteen (14) days from the date of this Order, why this action should not be dismissed for lack of subject matter jurisdiction. The parties are encouraged to submit evidence and/or judicially noticeable facts in response to the court's Order. Responses shall be limited to ten (10) pages in length. The parties should consider this Order to be a two-pronged inquiry into the facial and factual sufficiency of Plaintiff's demonstration of jurisdiction. As Plaintiff is the party asserting federal jurisdiction, Plaintiff's failure to respond timely and adequately to this Order shall result in dismissal of the action without further notice. (lc)
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Monday, July 29, 2024
22 22 notice Certificate/Notice of Interested Parties Mon 07/29 1:11 PM
NOTICE of Interested Parties filed by Defendants KP Anaheim Holdings LLC, Lexington Courtyard Management LLC, identifying KP Anaheim Holdings, LLC and Lexington Courtyard Management, LLC.(Saccuzzo, Jason)
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Att: 1 Proof of Service
Thursday, July 25, 2024
21 21 respm Reply (Motion related) Thu 07/25 2:29 PM
REPLY in Support of Motion to Dismiss or Stay Declaratory Relief Action NOTICE OF MOTION AND MOTION to Dismiss Case or Stay Entire Declaratory Relief Action 15 filed by Defendants KP Anaheim Holdings LLC, Lexington Courtyard Management LLC.(Saccuzzo, Jason)
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Att: 1 Proof of Service
Monday, July 22, 2024
20 20 order Response By Court to Notice of Deficiencies (G-112B) - optional html form Mon 07/22 1:41 PM
ORDER IN RESPONSE TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: NOTICE OF MOTION AND MOTION to Dismiss Case or Stay Entire Declaratory Relief Action 15 by Judge Fernando L. Aenlle-Rocha. A notice of interested parties shall be filed no later than 5 days from entry of this Order. (rolm)
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19 19 order Initial Order Setting R26 Scheduling Conference - form only Mon 07/22 12:21 PM
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 8/23/2024 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (tf)
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Friday, July 19, 2024
18 18 respm Declaration (Motion related) Fri 07/19 3:20 PM
DECLARATION of Dana Kuczynski In Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case or Stay Entire Declaratory Relief Action 15 filed by Plaintiff Associated Industries Insurance Company. (Closson, Robert)
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17 17 respm Objection/Opposition (Motion related) Fri 07/19 3:13 PM
OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case or Stay Entire Declaratory Relief Action 15 filed by Plaintiff Associated Industries Insurance Company. (Closson, Robert)
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Tuesday, June 25, 2024
16 16 notice Deficiency in Filed Documents (G-112A) - optional html form Tue 06/25 11:24 AM
NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Defendants KP Anaheim Holdings LLC, Lexington Courtyard Management LLC's NOTICE OF MOTION AND MOTION to Dismiss Case or Stay Entire Declaratory Relief Action 15 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc)
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Monday, June 24, 2024
15 15 motion Dismiss (cause or other) Mon 06/24 6:44 PM
NOTICE OF MOTION AND MOTION to Dismiss Case or Stay Entire Declaratory Relief Action filed by Defendants KP Anaheim Holdings LLC, Lexington Courtyard Management LLC. Motion set for hearing on 8/9/2024 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Saccuzzo, Jason)
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Att: 1 Memorandum Memorandum of Points and Authorities,
Att: 2 Declaration Declaration of Jason P. Saccuzzo,
Att: 3 Proof of Service
Friday, May 24, 2024
14 14 order Initial Order upon Filing of Complaint - form only Fri 05/24 9:06 AM
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (tf)
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Thursday, May 23, 2024
13 13 stip Extending Time to Answer (30 days or less) Thu 05/23 4:32 PM
STIPULATION Extending Time to Answer the complaint as to Lexington Courtyard Management LLC answer now due 6/24/2024; KP Anaheim Holdings LLC answer now due 6/21/2024, re Complaint (Attorney Civil Case Opening),1 filed by Defendants Lexington Courtyard Management LLC; KP Anaheim Holdings LLC.(Attorney Jason P Saccuzzo added to party KP Anaheim Holdings LLC(pty:dft), Attorney Jason P Saccuzzo added to party Lexington Courtyard Management LLC(pty:dft))(Saccuzzo, Jason)
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Att: 1 Proof of Service
Tuesday, May 07, 2024
12 12 service Service of Summons and Complaint Returned Executed (21 days) Tue 05/07 10:07 AM
PROOF OF SERVICE Executed by Plaintiff Associated Industries Insurance Company, upon Defendant Lexington Courtyard Management LLC served on 5/2/2024, answer due 5/23/2024. Service of the Summons and Complaint were executed upon Lisa Doe, Manager in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy (Lambert, Jodi)
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11 11 service Service of Summons and Complaint Returned Executed (21 days) Tue 05/07 10:03 AM
PROOF OF SERVICE Executed by Plaintiff Associated Industries Insurance Company, upon Defendant KP Anaheim Holdings LLC served on 5/1/2024, answer due 5/22/2024. Service of the Summons and Complaint were executed upon Alina Borodina, Paralegal in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy (Lambert, Jodi)
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Friday, April 26, 2024
10 10 service Summons Issued Fri 04/26 10:27 AM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),1 as to defendant Lexington Courtyard Management LLC. (lc)
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9 9 service Summons Issued Fri 04/26 10:25 AM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),1 as to defendant KP Anaheim Holdings LLC. (lc)
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8 8 notice Summons Request Fri 04/26 9:44 AM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),1 filed by Plaintiff Associated Industries Insurance Company. (Lambert, Jodi)
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7 7 notice Summons Request Fri 04/26 9:42 AM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),1 filed by Plaintiff Associated Industries Insurance Company. (Lambert, Jodi)
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Wednesday, April 24, 2024
6 6 notice Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form Wed 04/24 2:42 PM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh)
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5 5 adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Wed 04/24 2:41 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh)
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4 4 notice Notice of Assignment to United States Judges (CV-18) - optional html form Wed 04/24 2:41 PM
NOTICE OF ASSIGNMENT to District Judge Fernando L Aenlle-Rocha and Magistrate Judge Alicia G. Rosenberg. (sh)
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Tuesday, April 23, 2024
3 3 notice Certificate/Notice of Interested Parties Tue 04/23 4:42 PM
NOTICE of Interested Parties filed by Plaintiff Associated Industries Insurance Company, a Florida corporation, identifying ASSOCIATED INDUSTRIES INSURANCE COMPANY, INC., a Florida Corporation.(Lambert, Jodi)
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Att: 1 Supplement Attachment
2 2 misc Civil Cover Sheet (CV-71) Tue 04/23 4:36 PM
CIVIL COVER SHEET filed by Defendant Associated Industries Insurance Company, a Florida corporation. (Lambert, Jodi)
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1 1 cmp Complaint (Attorney Civil Case Opening) Tue 04/23 4:33 PM
COMPLAINT Receipt No: ACACDC-37341588 - Fee: $405, filed by plaintiff Associated Industries Insurance Company, a Florida corporation. (Attorney Jodi E. Lambert added to party Associated Industries Insurance Company, a Florida corporation(pty:dft))(Lambert, Jodi)
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Att: 1 Exhibit Exhibit A - Complaint