CM/ECF - California Central District https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?454056392433218-...

(JCx), CLOSED, DISCOVERY

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

(Western Division - Los Angeles)
CIVIL DOCKET FOR CASE #: 2:10-cv-04455-R -JC

RLI Insurance Company v. ACE American Insurance Date Filed: 06/16/2010

Company et al Date Terminated: 04/12/2011
Assigned to: Judge Manuel L. Real Jury Demand: Defendant
Referred to: Magistrate Judge Jacqueline Chooljian Nature of Suit: 110 Insurance
Demand: $992,000 Jurisdiction: Diversity
Case in other court: Superior Court State of CA County of Los
Angeles, BC437298
Cause: 28:1441 Notice of Removal - Insurance Contract
Plaintiff
RLI Insurance Company represented by Gregory D Bistline
Bistline & Cohoon
2500 East Colorado Boulevard Suite 340
Suite 340
Pasadena, CA 91107-3766
626-440-0591
Fax: 626-440-0691
ATTORNEY TO BE NOTICED

Ted H Luymes
Bistline Cohoon & Luymes ALC
2500 East Colorado Boulevard Suite 340
Pasadena, CA 91107-3775
626-440-0591
Email: tluymes@bistlinecohoon.com
ATTORNEY TO BE NOTICED

V.
Defendant
ACE American Insurance Company represented by Richard S Endres
London Fischer
1 Park Plaza, Suite 740
Irvine, CA 92614
949-252-0550
Email: rendres@londonfischer.com
ATTORNEY TO BE NOTICED

Defendant

1 of 6 5/26/11 2:20 PM
CM/ECF - California Central District https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?454056392433218-...

National Union Fires Insurance represented by Beth E Yoffie

Company of Pittsburgh Pennsylvania Lewis Brisbois Bisgaard and Smith
TERMINATED: 02/25/2011 221 N Figueroa Street Suite 1200
Los Angeles, CA 90012
213-250-1800
Fax: 213-250-7900
Email: yoffie@lbbslaw.com
ATTORNEY TO BE NOTICED

Rebecca R Weinreich
Lewis Brisbois Bisgaard and Smith LLP
221 North Figueroa Street Suite 1200
Los Angeles, CA 90012
213-250-1800
Fax: 213-481-0621
Email: weinreich@lbbslaw.com
ATTORNEY TO BE NOTICED

Defendant
DOES
1 through 10, inclusive

Date Filed # Docket Text

06/16/2010 1 NOTICE OF REMOVAL from Superior Court State of CA County of Los Angeles,
case number BC437298 with Conformed copy of summons and complaint.Case
assigned to Judge Manuel L. Real, Discovery to Magistrate Judge Jacqueline
Chooljian. (Filing fee $ 350 PAID), filed by Defendant National Union Fires
Insurance Company of Pittsburgh Pennsylvania.(car) (Additional attachment(s)
added on 6/18/2010: # 1 Notice of Assignment, # 2 Civil Cover Sheet) (ds).
(Entered: 06/17/2010)
06/16/2010 2 CERTIFICATION of Interested Parties filed by Defendant National Union Fires
Insurance Company of Pittsburgh Pennsylvania (car) (ds). (Entered: 06/17/2010)
06/17/2010 3 OF SERVICE filed by Defendant National Union Fires Insurance Company of
Pittsburgh Pennsylvania, re Certificate/Notice of Interested Parties 2 , Notice of
Removal, 1 served on June 17, 2010. (Attachments: # 1 Civil Cover Sheet Civil
Cover Sheet, # 2 Exhibit Notice of Removal, # 3 Exhibit Certificate of Interested
Parties, # 4 Exhibit Clerk's Office Services for Attorneys, # 5 Exhibit Notice of
Assignment to US Magistrate Judge for Discovery, # 6 Exhibit Notice to Counsel, #
7 Exhibit USDC Civility & Professionalism Guidelines)(Weinreich, Rebecca)
(Entered: 06/17/2010)
06/17/2010 4 ORDER RE NOTICE TO COUNSEL by Judge Manuel L. Real. See Order for
specific details. (im) (Entered: 06/18/2010)

2 of 6 5/26/11 2:20 PM
CM/ECF - California Central District https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?454056392433218-...

06/21/2010 5 PROOF OF SERVICE filed by Defendant National Union Fires Insurance Company
of Pittsburgh Pennsylvania, re Order 4 served on June 21, 2010. (Weinreich,
Rebecca) (Entered: 06/21/2010)
06/22/2010 6 ANSWER TO COMPLAINT FOR EQUITABLE CONTRIBUTION filed by
Defendant National Union Fires Insurance Company of Pittsburgh Pennsylvania.
(Weinreich, Rebecca) (Entered: 06/22/2010)
06/28/2010 7 FIRST STIPULATION Extending Time to Answer the complaint as to ACE
American Insurance Company answer now due 7/28/2010, filed by Defendant ACE
American Insurance Company.(Endres, Richard) (Entered: 06/28/2010)
07/27/2010 8 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to F.R.C.P.
12(b)(b) filed by Defendant ACE American Insurance Company. Motion set for
hearing on 9/7/2010 at 10:00 AM before Judge Manuel L. Real. (Attachments: # 1
Declaration, # 2 Proposed Order)(Endres, Richard) (Entered: 07/27/2010)
08/05/2010 9 JOINT REPORT Rule 26(f) Discovery Plan Early Meeting of Counsel ; estimated
length of trial 2 days, filed by Defendant National Union Fires Insurance Company
of Pittsburgh Pennsylvania.. (Yoffie, Beth) (Entered: 08/05/2010)
08/12/2010 10 STIPULATION for Order re filing 1st Amd Complaint and Withdraw Mot to
Dismiss filed by Plaintiff RLI Insurance Company. (Attachments: # 1 Exhibit Ex. 1
to Exhibit A of Stip, # 2 Exhibit Ex. 2 to Exhibit A of Stip., # 3 Exhibit Ex. 3 to
Exhibit A of Stip, # 4 Exhibit Ex. 4 to Exhibit A of Stip., # 5 Proposed Order
Proposed Order)(Luymes, Ted) (Entered: 08/12/2010)
08/12/2010 11 Plaintiff's Certification as to Int. Parties filed by Plaintiff RLI Insurance Company
(Luymes, Ted) (Entered: 08/12/2010)
08/12/2010 12 ORDER RE: FILING OF FIRST AMENDED COMPLAINT AND
WITHDRAWAL OF MOTION TO DISMISS by Judge Manuel L. Real: IT IS SO
ORDERED, that the First Amended Complaint must be filed separately within
twenty (20) days of the signing of this Order. ACE, therefore,withdraws its motion
to dismiss noticed for hearing on Sept. 7, 2010 at 10:00 a.m. 8 (pj) (Entered:
08/12/2010)
08/13/2010 13 NOTICE of Entry of Order Re Filing First Amd Complaint and Withdrawal Mot to
Dismiss, re: Order on Motion to Dismiss Case, 12 , filed by Plaintiff RLI Insurance
Company. (Luymes, Ted) (Entered: 08/13/2010)
08/16/2010 14 FIRST AMENDED COMPLAINT against Defendants ACE American Insurance
Company, National Union Fire Insurance Company of Pittsburgh Pennsylvania, and
Does 1 through 10, inclusive; amending Complaint 1 ; filed by Plaintiff RLI
Insurance Company. (gk) (Additional attachment(s) added on 8/17/2010: # 1
Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 21 Days Summons Issued)
(jp). (Entered: 08/16/2010)
08/16/2010 21-Day Summons Issued re First Amended Complaint 14 as to Defendants ACE
American Insurance Company, National Union Fire Insurance Company of
Pittsburgh Pennsylvania, and Does 1 through 10, inclusive. (gk) (Entered:
08/16/2010)

3 of 6 5/26/11 2:20 PM
CM/ECF - California Central District https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?454056392433218-...

08/27/2010 15 FIRST STIPULATION Extending Time to Answer the complaint as to ACE

American Insurance Company answer now due 9/7/2010, filed by Defendant ACE
American Insurance Company. (Attachments: # 1 Proposed Order Order to Extend
Time to Answer)(Endres, Richard) (Entered: 08/27/2010)
08/30/2010 16 STIPULATION AND ORDER THEREON TO EXTEND TIME TO RESPOND TO
PLAINTIFF'S FIRST AMENDED COMPLAINT by Judge Manuel L. Real.
Defendant ACE American Insurance Company's time to respond to the First
Amended Complaint of RLA Insurance Company is hereby extended to 9/21/2010.
(rs) (Entered: 08/30/2010)
09/10/2010 17 ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT for Equitable
Contribution; Equitable Subrogation; and Equitable Indemnity filed by Defendant
National Union Fires Insurance Company of Pittsburgh Pennsylvania.(Yoffie, Beth)
(Entered: 09/10/2010)
09/10/2010 18 PROOF OF SERVICE filed by Defendant National Union Fires Insurance Company
of Pittsburgh Pennsylvania, re Answer to Complaint 17 (First Amended Complaint)
(Yoffie, Beth) (Entered: 09/10/2010)
09/21/2010 19 ANSWER to Amended Complaint, 14 JURY DEMAND. ACE American Insurance
Company's Answer to RLI Insurance Company's First Amended Complaint filed by
Defendant ACE American Insurance Company.(Endres, Richard) (Entered:
09/21/2010)
02/17/2011 20 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendant
National Union Fires Insurance Company of Pittsburgh Pennsylvania. Motion set
for hearing on 3/21/2011 at 10:00 AM before Judge Manuel L. Real. (Yoffie, Beth)
(Entered: 02/17/2011)
02/17/2011 21 REFERENCE TO AND ADOPTION OF JOINT STIPULATION OF FACTS re:
MOTION for Summary Judgment 20 (Yoffie, Beth) (Entered: 02/17/2011)
02/17/2011 22 STATEMENT of UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW
MOTION for Summary Judgment 20 [PROPOSED] filed by Defendant National
Union Fires Insurance Company of Pittsburgh Pennsylvania. (Yoffie, Beth)
(Entered: 02/17/2011)
02/17/2011 23 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's
First Amended Complaint, MOTION for Summary Adjudication as to Plaintiff's
First, Second and Third Causes of Action filed by defendant ACE American
Insurance Company. Motion set for hearing on 3/21/2011 at 10:00 AM before Judge
Manuel L. Real. (Attachments: # 1 Notice of Motion for Summary or Alternatively
for Summary Adjudication, # 2 Separate Statement of Uncontroverted Facts and
Conclusions of Law, # 3 Declaration Declaration of Omar A. Iqbal in Support, # 4
Appendix Appendix of Unpublished Cases, # 5 Proposed Order Proposed Order
Granting Summary Judgment, # 6 Stipulation of Facts, # 7 Exhibit Exhibits A-B of
Stipulation of Facts, # 8 Exhibit Exhibit C-Part 1 of Stipulation of Facts, # 9 Exhibit
Exhibit C-Part 2 of Stipulation of Facts, # 10 Exhibit Exhibit C-Part 3 of Stipulation
of Facts, # 11 Exhibit Exhibits D-F of Stipulation of Facts, # 12 Proof Service)
(Endres, Richard) (Entered: 02/17/2011)

4 of 6 5/26/11 2:20 PM
CM/ECF - California Central District https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?454056392433218-...

02/18/2011 24 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff
RLI Insurance Company. Motion set for hearing on 3/21/2011 at 10:00 AM before
Judge Manuel L. Real. (Attachments: # 1 Supplement Uncontroverted Stmt of
Facts, # 2 Declaration of Gregory D. Bistline, # 3 Appendix of Unpublished Cases,
# 4 Proposed Order Proposed Judgment, # 5 Supplement Proof Service of
MSJ)(Luymes, Ted) (Entered: 02/18/2011)
02/24/2011 25 STIPULATION to Dismiss Defendant National Union Fires Insurance Company of
Pittsburgh Pennsylvania filed by Plaintiff RLI Insurance Company. (Attachments: #
1 Proposed Order)(Luymes, Ted) (Entered: 02/24/2011)
02/24/2011 26 NOTICE of Errata filed by Plaintiff RLI Insurance Company. (Luymes, Ted)
(Entered: 02/24/2011)
02/24/2011 27 STIPULATION to Dismiss Defendant National Union Fires Insurance Company of
Pittsburgh Pennsylvania filed by Plaintiff RLI Insurance Company. (Attachments: #
1 Proposed Order)(Luymes, Ted) (Entered: 02/24/2011)
02/25/2011 28 ORDER RE STIPULATION FOR DISMISSAL OF NATIONAL UNION by Judge
Manuel L. Real. IT IS SO ORDERED, that National Union Fire Insurance
Company of Pittsburgh, Pennsylvania be dismissed from this action with prejudice,
with each party bearing its own costs. (rs) (Entered: 02/25/2011)
02/28/2011 29 Opposition to MSJ Opposition re: MOTION for Summary Judgment as to Plaintiff's
First Amended Complaint MOTION for Summary Adjudication as to Plaintiff's
First, Second and Third Causes of Action 23 filed by Plaintiff RLI Insurance
Company. (Luymes, Ted) (Entered: 02/28/2011)
02/28/2011 30 STATEMENT of Genuine Issues in Support of Opposition MOTION for Summary
Judgment as to Plaintiff's First Amended Complaint MOTION for Summary
Adjudication as to Plaintiff's First, Second and Third Causes of Action 23 filed by
Plaintiff RLI Insurance Company. (Luymes, Ted) (Entered: 02/28/2011)
02/28/2011 31 OF SERVICE filed by Plaintiff RLI Insurance Company, re Statement (Motion
related), Statement (Motion related) 30 , Objection/Opposition (Motion related),
Objection/Opposition (Motion related) 29 Proof of Service of Opp to MSJ and Stmt
of Genuine Issues served on 02/28/2011. (Luymes, Ted) (Entered: 02/28/2011)
02/28/2011 32 ACE American Insurance Company's Opposition to RLI Insurance Company's
Motion for Summary Judgment Opposition to re: MOTION for Summary Judgment
24 filed by Defendant ACE American Insurance Company. (Attachments: # 1
Statement of Genuine of Disputes of Material Facts, # 2 Proof of Service)(Endres,
Richard) (Entered: 02/28/2011)
03/02/2011 33 STIPULATION to Continue THE HEARING ON THE PARTIES' MOTIONS FOR
SUMMARY JUDGMENT/SUMMARY ADJUDICATION from March 21, 2011 to
April 18, 2011 filed by Defendant ACE American Insurance Company.
(Attachments: # 1 Order)(Endres, Richard) (Entered: 03/02/2011)
03/04/2011 34 REPLY TO ACE'S OPPOSITION TO RLI'S MOTION FOR SUMMARY
JUDGMENT filed by Plaintiff RLI Insurance Company. (Attachments: # 1 Proposed
Order, # 2 Supplement Proof of Service)(Luymes, Ted) (Entered: 03/04/2011)

5 of 6 5/26/11 2:20 PM
CM/ECF - California Central District https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?454056392433218-...

03/07/2011 35 STIPULATION AND ORDER TO CONINUE THE HEARING ON THE

PARTIES' MOTIONS FOR SUMMARY JUDGMENT/SUMMARY
ADJUDICATION by Judge Manuel L. Real 33 . Defendant ACE's motion for
summary judgment or alternatively summary adjudication and RLI's motion for
summary judgment set for hearing on March 21, 2011 shall be continued to April
18, 2011 at 10:00 a.m. and that reply papers, if any, shall be served and filed on or
before April 4, 2011. (im) (Entered: 03/07/2011)
04/04/2011 36 REPLY Opposition filed by Defendant ACE American Insurance Company.
(Endres, Richard) (Entered: 04/04/2011)
04/04/2011 37 OF SERVICE filed by Defendant ACE American Insurance Company, re Reply
(Motion related) 36 served on April 4, 2011. (Endres, Richard) (Entered:
04/04/2011)
04/04/2011 38 REPLY of ACE to RLI's Opposition to ACE's Motion for Summary Judgment or in
the Alternative Summary Adjudication filed by Defendant ACE American Insurance
Company. (Endres, Richard) (Entered: 04/04/2011)
04/04/2011 39 OF SERVICE filed by Defendant ACE American Insurance Company, Parties
served on April 4, 2011. (Endres, Richard) (Entered: 04/04/2011)
04/11/2011 40 NOTICE of Settlement of Entire Action filed by defendant ACE American
Insurance Company. (Attachments: # 1 Proof of Service)(Endres, Richard)
(Entered: 04/11/2011)
04/12/2011 41 ORDER OF DISMISSAL CASE by Judge Manuel L. Real, Case Terminated. Made
JS-6. (im) (Entered: 04/12/2011)

6 of 6 5/26/11 2:20 PM