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CM/ECF - California Central District

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(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 American Insurance Company Assigned to: Judge R. Gary Klausner Referred to: Magistrate Judge Alicia G. Rosenberg Cause: 28:1332 Diversity-Insurance Contract Plaintiff St. Paul Fire & Marine Insurance Company a Minnesota corporation represented by Patricia Anne Daza Weston and McElvain LLP 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 a Pennsylvania corporation represented by Charles Edward Wheeler Cozen O'Connor 501 W Broadway Ste 1610 San Diego, CA 92101 Date Filed: 06/25/2009 Jury Demand: None Nature of Suit: 110 Insurance Jurisdiction: Diversity

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CM/ECF - California Central District

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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 06/25/2009

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Docket Text

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) 20 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant ACE American Insurance Company. (et) (Entered: 06/29/2009) 2 NOTICE of Interested Parties filed by Plaintiff St. Paul Fire & Marine Insurance Company. (et) (amar). (Entered: 06/29/2009) 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) 4 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed. (et) (Entered: 06/29/2009) 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) 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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CM/ECF - California Central District

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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) 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) 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) 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) 11 FIRST STIPULATION Extending Time to Answer the complaint as to filed by defendant ACE American Insurance Company.(Wheeler, Charles) (Entered: 07/20/2009) 12 ORIGINAL SUMMONS RETURNED filed by Plaintiff St. Paul Fire & Marine Insurance Company. (gk) (Entered: 07/23/2009) 13 NOTICE of Manual Filing filed by Plaintiff St. Paul Fire & Marine Insurance Company of Return of Summons. (Kaneshiro, Wynn) (Entered: 07/29/2009) 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) 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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CM/ECF - California Central District

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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) 16 FIRST STIPULATION Extending Time to Answer the complaint as to filed by defendant ACE American Insurance Company.(Wheeler, Charles) (Entered: 09/17/2009) 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) 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) 20 ORDER by Judge R. Gary Klausner: DENYING Third Stipulation Extending Time to Answer Complaint 16 (shb) (Entered: 09/22/2009) 21 SUBSTITUION OF ATTORNEY FOR ACE AMERICAN INSURANCE COMPANY (Morales, Ramiro) (Entered: 10/01/2009) 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) 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) 24 ANSWER to Complaint - (Discovery) 1 ANSWER filed by Defendant ACE American Insurance Company.(Morales, Ramiro) (Entered: 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) 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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CM/ECF - California Central District

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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) 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) 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) 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) 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) 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) 33 NOTICE of Scheduling Conference filed by Plaintiff St. Paul Fire & Marine Insurance Company. (Kaneshiro, Wynn) (Entered: 03/31/2010)

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CM/ECF - California Central District

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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) 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) 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) 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) 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) 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) 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) 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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CM/ECF - California Central District

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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) 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) 44 ORDER by Judge R. Gary Klausner: denying 41 Ex Parte Application to Continue the motion deadline. (shb) (Entered: 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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