Case Details

CourtCentral District of California
Docket number8:13-cv-00739
Date case filed2013-05-08
Date case closed2014-05-02
Date of latest filing
Assigned toJudge Andrew J. Guilford
Case cause28:1332 Diversity-Other Contract
Nature of suit190 Contract: Other
Jury demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

Party: Timothy Martin Smith
Party type: Plaintiff
individually and on behalf of all others similary situated
Attorney name: Daniel L Germain
Attorney Contact:
Rosman and Germain LLP
16311 Ventura Boulevard Suite 1200
Encino, CA 91436-2152
818-788-0877
Fax: 818-788-0885
Email: [email protected]
TERMINATED: 01/06/2014 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: David I Cates
Attorney Contact:
Cates Mahoney LLC
216 West Pointe Drive Suite A
Swansea, IL 62226
618-277-3644
Fax: 618-277-7882
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Eric D Holland
Attorney Contact:
Holland Groves Schneller and Stolze LLC
300 North Tucker Boulevard Suite 801
St Louis, MO 63101
314-241-8111
Fax: 314-241-5554
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Gerard B Schneller
Attorney Contact:
Holland Groves Schneller and Stolze LLC
300 North Tucker Boulevrd Suite 801
St Louis, MO 63101
314-241-8111
Fax: 314-241-5554
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Jordan L Chaikin
Attorney Contact:
Chaikin Law Firm PLLC
12800 University Drive
Suite 600
Fort Myers, FL 33907
239-470-8338
Fax: 239-433-6836
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Mark John Geragos
Attorney Contact:
Geragos and Geragos APC
Historic Engine Co No 28
644 South Figeuroa Street
Los Angeles, CA 90017-3411
213-625-3900
Fax: 213-625-1600
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Peter A Muhic
Attorney Contact:
Kessler Topaz Meltzer and Check LLP
280 King of Prussia Road
Radnor, PA 19087
610-667-7706
Fax: 610-667-7056
Email: [email protected]
TERMINATED: 01/31/2014 PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Shelley Lynn Kaufman
Attorney Contact:
Geragos and Geragos APC
Historic Engine Co No 28
644 South Figueroa Street
Los Angeles, CA 90017-3411
213-625-3900
Fax: 213-625-1600
TERMINATED: 01/16/2014 ATTORNEY TO BE NOTICED
Party: Suntrust Mortgage Inc.
Party type: Defendant
Attorney name: Bryan M Leifer
Attorney Contact:
Lewis Brisbois Bisgaard & Smith LLP
633 West 5th Street
Suite 4000
Los Angeles, CA 90071
213 250-1800
Fax: 213 250-7900
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Karen Palladino Ciccone
Attorney Contact:
Akerman Senterfitt LLP
725 South Figueroa Street 38th Floor
Los Angeles, CA 90017-5433
213-688-9500
Fax: 213-688-6342
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Marc Gottlieb
Attorney Contact:
Akerman Senterfitt LLP
350 East Las Olas Boulevard Suite 1600
Fort Lauderdale, FL 33301
954-463-2700
Fax: 954-463-2224
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: QBE Insurance Corporation
Party type: Defendant
Attorney name: Fredrick S Levin
Attorney Contact:
BuckleySandler LLP
100 Wilshire Boulevard Suite 1000
Santa Monica, CA 90401
310-424-3984
Fax: 310-424-3960
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Leah R Adams
Attorney Contact:
Manatt Phelps and Phillips LLP
11355 West Olympic Boulevard
Los Angeles, CA 90064
310-312-4264
Fax: 310-996-6994
Email: [email protected]
TERMINATED: 08/30/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ross E Morrison
Attorney Contact:
BucklleySandler LLP
1133 Avenue of the Americas Suite 3100
New York, NY 10036
212-600-2315
Fax: 212-600-2405
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Stephen M LeBlanc
Attorney Contact:
BuckleySandler LLP
1250 - 24th Street NW Suite 700
Washington, DC 20037
202-349-8000
Fax: 202-349-8080
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: QBE First Insurance Agency Inc
Party type: Defendant
Attorney name: Fredrick S Levin
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Leah R Adams
Attorney Contact:
(See above for address)
TERMINATED: 08/30/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ross E Morrison
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Stephen M LeBlanc
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-05-08 COMPLAINT against Defendants QBE First Insurance Agency Inc, QBE Insurance Corporation, and Suntrust Mortgage Inc. Case assigned to Judge Andrew J. Guilford for all further proceedings. Discovery referred to Magistrate Judge Jean P. Rosenbluth.(Filing fee $ 400 Paid) Jury Demanded. Filed by Plaintiff Timothy Martin Smith. (nbo) (Entered: 05/10/2013)
22013-05-08 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Timothy Martin Smith. (nbo) (Entered: 05/10/2013)
32013-05-08 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(nbo) (Entered: 05/10/2013)
42013-05-16 PROOF OF SERVICE Executed by Plaintiff Timothy Martin Smith, upon Defendant Suntrust Mortgage Inc. served on 5/14/2013, answer due 6/4/2013. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Germain, Daniel) (Entered: 05/16/2013)
52013-05-15 [IN CHAMBERS] ORDER TO SHOW CAUSE RE SUBJECT MATTER JURISDICTION by Judge Andrew J. Guilford. The Court ORDERS Plaintiff to show cause in writing within 14 days of this Order why this action should not be dismissed. Defendants may submit a response within seven days of Plaintiff's filing. (rla) (Entered: 05/20/2013)
62013-05-24 PROOF OF SERVICE Executed by Plaintiff Timothy Martin Smith, upon Defendant QBE Insurance Corporation served on 5/22/2013, answer due 6/12/2013. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Germain, Daniel) (Entered: 05/24/2013)
72013-05-24 PROOF OF SERVICE Executed by Plaintiff Timothy Martin Smith, upon Defendant QBE First Insurance Agency Inc served on 5/22/2013, answer due 6/12/2013. Service of the Summons and Complaint were executed upon Margaret Wilson, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Germain, Daniel) (Entered: 05/24/2013)
82013-05-29 APPLICATION for attorney Eric D. Holland to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12181577 paid.) filed by plaintiff Timothy Martin Smith. (Attachments: # 1 Proposed Order)(Germain, Daniel) (Entered: 05/29/2013)
92013-05-29 APPLICATION for attorney Gerard B. Schneller to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12181630 paid.) filed by plaintiff Timothy Martin Smith. (Attachments: # 1 Proposed Order)(Germain, Daniel) (Entered: 05/29/2013)
102013-05-29 RESPONSE filed by Plaintiff Timothy Martin Smithto Order to Show Cause, 5 re Subject Matter Jurisdiction (Attachments: # 1 Exhibit A)(Germain, Daniel) (Entered: 05/29/2013)
112013-05-31 APPLICATION for attorney Peter A. Muhic to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12192226 paid.) filed by plaintiffs Timothy Martin Smith. (Attachments: # 1 Proposed Order)(Germain, Daniel) (Entered: 05/31/2013)
122013-05-31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Peter A. Muhic to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12192226 paid.) 11 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): The application shall be accompanied by a certificate from the state bar for each of the states in which the applicant is a member of that particular bar, which has been issued within thirty (30) days prior to the filing of the application and states that the applicant is a member in good standing of the bar of that state court. See LR 83-2.3.1. (New Jersey). 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. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) (Entered: 05/31/2013)
132013-05-31 ORDER by Judge Andrew J. Guilford: granting 9 Application to Appear Pro Hac Vice by Attorney Gerard B. Schneller on behalf of Plaintiff, designating Daniel Germain as local counsel. (lt) (Entered: 06/03/2013)
142013-05-31 ORDER by Judge Andrew J. Guilford: granting 8 Application to Appear Pro Hac Vice by Attorney Eric D. Holland on behalf of Plaintiff, designating Daniel Germain as local counsel. (lt) (Entered: 06/03/2013)
152013-06-03 ORDER by Judge Andrew J. Guilford: granting 11 Application to Appear Pro Hac Vice by Attorney Peter A. Muhic on behalf of Plainiff, designating Daniel Germain as local counsel. (lt) (Entered: 06/03/2013)
162013-06-04 STIPULATION for Extension of Time to File Response as to Order to Show Cause, 5 , STIPULATION for Order filed by Defendant Suntrust Mortgage Inc.. (Attachments: # 1 Proposed Order)(Leifer, Bryan) (Entered: 06/04/2013)
172013-06-04 STIPULATION for Extension of Time to File Response as to Complaint - (Discovery), 1 filed by Defendant Suntrust Mortgage Inc..(Leifer, Bryan) (Entered: 06/04/2013)
182013-06-05 ORDER by Judge Andrew J. Guilford, re Stipulation for Extension of Time to File Response re Order to Show Cause 16 : The Court grants the joint stipulation and Defendant may respond to the Court's Order to Show Cause by June 12, 2013. (rla) (Entered: 06/05/2013)
192013-06-05 Notice of Appearance or Withdrawal of Counsel: for attorney Karen Palladino Ciccone counsel for Defendant Suntrust Mortgage Inc.. Adding Karen P. Ciccone as attorney as counsel of record for Suntrust Mortgage, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Suntrust Mortgage, Inc.. (Ciccone, Karen) (Entered: 06/05/2013)
202013-06-05 NOTICE of Appearance filed by attorney Leah R Mosner on behalf of Defendants QBE First Insurance Agency Inc, QBE Insurance Corporation (Mosner, Leah) (Entered: 06/05/2013)
212013-06-05 CORPORATE DISCLOSURE STATEMENT filed by Defendant QBE First Insurance Agency Inc identifying QBE Financial Institution Risk Services, Inc. as Corporate Parent. (Mosner, Leah) (Entered: 06/05/2013)
222013-06-05 CORPORATE DISCLOSURE STATEMENT filed by Defendant QBE Insurance Corporation identifying QBE Reinsurance Corporation as Corporate Parent. (Mosner, Leah) (Entered: 06/05/2013)
232013-06-05 RESPONSE filed by Defendants QBE First Insurance Agency Inc, QBE Insurance Corporationto Response (non-motion) 10 by Plaintiff to Order to Show Cause re Subject Matter Jurisdiction (Mosner, Leah) (Entered: 06/05/2013)
242013-06-10 CERTIFICATE of Interested Parties filed by Defendant Suntrust Mortgage Inc., (Leifer, Bryan) (Entered: 06/10/2013)
252013-06-12 RESPONSE filed by Defendant Suntrust Mortgage Inc.to Order to Show Cause, 5 (Leifer, Bryan) (Entered: 06/12/2013)
262013-06-13 Joint STIPULATION Extending Time to Answer the complaint as to QBE Insurance Corporation answer now due 6/28/2013; QBE First Insurance Agency Inc answer now due 6/28/2013, re Complaint - (Discovery), 1 filed by Defendant QBE Insurance Corporation; QBE First Insurance Agency Inc.(Mosner, Leah) (Entered: 06/13/2013)
272013-06-17 APPLICATION for attorney Jordan L. Chaikin to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12271435 paid.) filed by plaintiff Timothy Martin Smith. (Attachments: # 1 Proposed Order)(Germain, Daniel) (Entered: 06/17/2013)
282013-06-18 MINUTE ORDER IN CHAMBERS by Judge Andrew J. Guilford: ORDER DISCHARGING Order to Show Cause 5 . (twdb) (Entered: 06/19/2013)
292013-06-18 ORDER by Judge Andrew J. Guilford: granting 27 Application to Appear Pro Hac Vice by Attorney Jordan L. Chaikin on behalf of Plaintiff, designating Daniel Germain as local counsel. (lt) (Entered: 06/20/2013)
302013-06-20 APPLICATION for attorney Ross E. Morrison to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12294366 paid.) filed by Defendant QBE First Insurance Agency Inc, QBE Insurance Corporation. (Attachments: # 1 Proposed Order)(Mosner, Leah) (Entered: 06/20/2013)
312013-06-20 APPLICATION for attorney Stephen M. LeBlanc to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12294460 paid.) filed by Defendant QBE First Insurance Agency Inc, QBE Insurance Corporation. (Attachments: # 1 Proposed Order)(Mosner, Leah) (Entered: 06/20/2013)
322013-06-20 ORDER by Judge Andrew J. Guilford: granting 31 Application to Appear Pro Hac Vice by Attorney Stephen M. LeBlanc on behalf of Defendants QBE First Insurance Agency Inc and QBE Insurance Corporation, designating Leah R. Mosner as local counsel. (lt) (Entered: 06/21/2013)
332013-06-20 ORDER by Judge Andrew J. Guilford: granting 30 Application to Appear Pro Hac Vice by Attorney Ross E. Morrison on behalf of Defendants QBE First Insurance Agency Inc and QBE Insurance Corporation, designating Leah R. Mosner as local counsel. (lt) (Entered: 06/21/2013)
342013-06-25 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Suntrust Mortgage Inc.. Motion set for hearing on 8/12/2013 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # 1 Proposed Order)(Leifer, Bryan) (Entered: 06/25/2013)
352013-06-25 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 34 filed by defendant Suntrust Mortgage Inc.. (Leifer, Bryan) (Entered: 06/25/2013)
362013-06-26 ORDER RE EARLY MEETING OF PARTIES AND SCHEDULING CONFERENCE: Scheduling Conference set for 8/26/2013 at 9:00 am. (lb) (Entered: 06/26/2013)
372013-06-28 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant QBE First Insurance Agency Inc, QBE Insurance Corporation. Motion set for hearing on 8/12/2013 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Proposed Order)(Mosner, Leah) (Entered: 06/28/2013)
382013-06-28 DECLARATION of John A. Dickson in Support of MOTION to Dismiss Case 37 filed by Defendants QBE First Insurance Agency Inc, QBE Insurance Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Mosner, Leah) (Entered: 06/28/2013)
392013-07-02 ORDER RE EARLY MEETING OF PARTIES AND SCHEDULING CONFERENCE: Scheduling Conference set for 9/16/2013 AT 09:00 AM before Judge Andrew J. Guilford. (em) (Entered: 07/02/2013)
402013-07-02 AMENDED ORDER RE EARLY MEETING OF PARTIES AND SCHEDULING CONFERENCE: Scheduling Conference set for 9/16/2013 09:00 AM before Judge Andrew J. Guilford. (em) (Entered: 07/02/2013)
412013-07-12 Joint STIPULATION to Continue to Continue The Hearing on Defendants' Motions to Dismiss and Extend the Time for Plaintiff to Respond Thereto filed by Plaintiff Timothy Martin Smith. (Attachments: # 1 Proposed Order)(Germain, Daniel) (Entered: 07/12/2013)
422013-07-12 ORDER by Judge Andrew J. Guilford, granting Stipulation to Continue 41 . The hearings re Motion originally scheduled have been rescheduled. ( Motion hearing continued to 9/16/2013 at 10:00 AM before Judge Andrew J. Guilford.) (twdb) (Entered: 07/15/2013)
432013-07-23 APPLICATION for to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12444315 paid.) filed by plaintiff Timothy Martin Smith. (Attachments: # 1 Proposed Order)(Germain, Daniel) (Entered: 07/23/2013)
442013-07-25 ORDER by Judge Andrew J. Guilford: granting 43 Application to Appear Pro Hac Vice by Attorney David I. Cates on behalf of Plaintiff, designating Daniel L. Germain as local counsel. (lt) (Entered: 07/25/2013)
452013-08-12 MEMORANDUM in Opposition to MOTION to Dismiss Case 34 filed by Plaintiff Timothy Martin Smith. (Muhic, Peter) (Entered: 08/12/2013)
462013-08-12 DECLARATION of Peter A. Muhic In Opposition to MOTION to Dismiss Case 34 filed by Plaintiff Timothy Martin Smith. (Attachments: # 1 Exhibit 1)(Muhic, Peter) (Entered: 08/12/2013)
472013-08-12 MEMORANDUM in Opposition to MOTION to Dismiss Case 37 filed by Plaintiff Timothy Martin Smith. (Muhic, Peter) (Entered: 08/12/2013)
482013-08-12 MEMORANDUM in Opposition to MOTION to Dismiss Case 34 Re: Plaintiff's Partial Opposition to Defendant Suntrust Mortgage, Inc.'s Request for Judicial Notice filed by Plaintiff Timothy Martin Smith. (Muhic, Peter) (Entered: 08/12/2013)
492013-08-16 APPLICATION for attorney Marc Gottlieb to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12562551 paid.) filed by defendant Suntrust Mortgage Inc.. (Attachments: # 1 Proposed Order)(Leifer, Bryan) (Entered: 08/16/2013)
502013-08-19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Marc Gottlieb to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12562551 paid.) 49 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): No signature on Application. Local counsel did not sign the application. See LR 11-1.. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) (Entered: 08/19/2013)
512013-08-21 ORDER by Judge Andrew J. Guilford: granting 49 Application to Appear Pro Hac Vice by Attorney Marc Gottlieb on behalf of Defendant Suntrust Mortgage, Inc., designating Bryan M, Leifer as local counsel. (lt) (Entered: 08/22/2013)
522013-08-28 NOTICE of Appearance filed by attorney Fredrick S Levin on behalf of Defendants QBE First Insurance Agency Inc, QBE Insurance Corporation (Levin, Fredrick) (Entered: 08/28/2013)
532013-08-30 Plaintiff's Notice of Supplemental Authority in Further Support of his Opposition to Defendants' Motion to Dismiss the Complaint re: MOTION to Dismiss Case 37 , MOTION to Dismiss Case 34 filed by Plaintiff Timothy Martin Smith. (Germain, Daniel) (Entered: 08/30/2013)
542013-08-30 REPLY in support of MOTION to Dismiss Case 34 filed by Defendant Suntrust Mortgage Inc.. (Ciccone, Karen) (Entered: 08/30/2013)
552013-08-30 REPLY in support of Request for Judicial Notice in Support of MOTION to Dismiss Case 34 filed by Defendant Suntrust Mortgage Inc.. (Ciccone, Karen) (Entered: 08/30/2013)
562013-08-30 Notice of Appearance or Withdrawal of Counsel: for attorney Fredrick S Levin counsel for Defendants QBE First Insurance Agency Inc, QBE Insurance Corporation. Filed by Defendant QBE Insurance Corp. and QBE FIRST Insurance Agency, Inc.. (Levin, Fredrick) (Entered: 08/30/2013)
572013-08-30 REPLY in Support MOTION to Dismiss Case 37 filed by Defendants QBE First Insurance Agency Inc, QBE Insurance Corporation. (Levin, Fredrick) (Entered: 08/30/2013)
582013-09-09 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff Timothy Martin Smith.. (Germain, Daniel) (Entered: 09/09/2013)
592013-09-11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Report Rule 26(f) Discovery Plan 58 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. Other error(s) with document(s): Certification of Interested Parties needed for defendants, except for Suntrust Mortgage.. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (dro) (Entered: 09/11/2013)
602013-09-16 MINUTES (IN CHAMBERS) Re: ORDER by Judge Andrew J. Guilford granting in part and denying in part 34 Motion to Dismiss Case ; granting in part and denying in part 37 Motion to Dismiss Case. (see document for details). (dro) (Entered: 09/18/2013)
612013-09-16 MINUTES OF Scheduling Conference held before Judge Andrew J. Guilford; Motion to Dismiss, 34 37 . Motion is argued and taken under submission. The Court sets the following dates. Discovery cut-off 3/23/2015. Final Pretrial Conference set for 6/8/2015 08:30 AM before Judge Andrew J. Guilford. Jury Trial set for 6/23/2015 09:00 AM before Judge Andrew J. Guilford.Court Reporter: Denise Paddock. (twdb) (Entered: 09/23/2013)
622013-09-16 SCHEDULING ORDER SPECIFYING PROCEDURES by Judge Andrew J. Guilford. 1. Discovery Cut-Off: March 23, 2015 2. Final Pretrial Conference: June 8, 2015at 8:30 a.m. 3. Jury Trial: June 23, 2015 at 9:00 a.m. (twdb) (Entered: 09/23/2013)
632013-10-18 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Andrew J. Guilford re: First Amended Class Action Complaint received on 10/17/13. The document is to be filed and processed. Counsel shall comply with all Court deadlines and procedures. (see document for details). (dro) (Entered: 10/23/2013)
642013-10-17 FIRST AMENDED CLASS ACTION COMPLAINT against Defendants QBE First Insurance Agency Inc, QBE Insurance Corporation, Suntrust Mortgage Inc. amending Complaint - (Discovery), 1 , filed by plaintiff Timothy Martin Smith (Attachments: # 1 Part 2, # 2 Part 3)(dro) (Entered: 10/23/2013)
652013-11-04 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant QBE First Insurance Agency Inc, QBE Insurance Corporation. Motion set for hearing on 1/6/2014 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # 1 Proposed Order)(Levin, Fredrick) (Entered: 11/04/2013)
662013-11-08 ANSWER to Amended Complaint, 64 filed by defendant Suntrust Mortgage Inc..(Ciccone, Karen) (Entered: 11/08/2013)
672013-12-16 NOTICE of Appearance filed by attorney Mark John Geragos on behalf of Plaintiff Timothy Martin Smith (Attorney Mark John Geragos added to party Timothy Martin Smith(pty:pla))(Geragos, Mark) (Entered: 12/16/2013)
682013-12-16 NOTICE of Association of Counsel associating attorney Mark Geragos on behalf of Plaintiff Timothy Martin Smith. Filed by Plaintiff Timothy Martin Smith (Geragos, Mark) (Entered: 12/16/2013)
692013-12-16 NOTICE of Appearance filed by attorney Shelley Lynn Kaufman on behalf of Plaintiff Timothy Martin Smith (Attorney Shelley Lynn Kaufman added to party Timothy Martin Smith(pty:pla))(Kaufman, Shelley) (Entered: 12/16/2013)
702013-12-16 OPPOSITION in Response to QBE Defendants' Motion to Dismiss the First Amended Class Action Complaint filed by Plaintiff Timothy Martin Smith. (Kaufman, Shelley) (Entered: 12/16/2013)
712013-12-23 REPLY in support of MOTION to Dismiss Case 65 filed by Defendants QBE First Insurance Agency Inc, QBE Insurance Corporation. (Levin, Fredrick) (Entered: 12/23/2013)
722013-12-30 Joint STIPULATION to Continue Hearing from January 6, 2014 to January 27, 2014 filed by Defendant QBE First Insurance Agency Inc, QBE Insurance Corporation. (Attachments: # 1 Proposed Order)(Levin, Fredrick) (Entered: 12/30/2013)
732014-01-02 ORDER by Judge Andrew J. Guilford Granting re Stipulation to Continue 72 Motion to Dismiss Plaintiff's First Amended Class Action Complaint. The Motion to Dismiss is continued to 1/27/2014 at 10:00 AM before Judge Andrew J. Guilford. (nbo) (Entered: 01/02/2014)
742014-01-03 REQUEST to Substitute in place of attorney Daniel L. Germain filed by Plaintiff Timothy Martin Smith. (Attachments: # 1 Proposed Order Request for Approval of Substitution or Withdrawal of Counsel)(Geragos, Mark) (Entered: 01/03/2014)
752014-01-03 REQUEST to Substitute in place of attorney Peter A. Muhic filed by Plaintiff Timothy Martin Smith. (Attachments: # 1 Proposed Order Request for Approval of Substitution or Withdrawal of Counsel)(Geragos, Mark) (Entered: 01/03/2014)
762014-01-06 ORDER by Judge Andrew J. Guilford Granting 74 Request to Substitute Attorney. Mark Geragos added for Plaintiff. Attorney Daniel L Germain terminated (nbo) (Entered: 01/06/2014)
772014-01-16 Notice of Appearance or Withdrawal of Counsel: for attorney Shelley Lynn Kaufman counsel for Plaintiff Timothy Martin Smith. Shelley L. Kaufman is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Timothy Martin Smith. (Kaufman, Shelley) (Entered: 01/16/2014)
782014-01-20 Joint STIPULATION to Continue Motion to Dismiss from January 27, 2014 to February 24, 2014 Re: Stipulation to Continue 72 , Order, Set/Reset Deadlines/Hearings 73 , MOTION to Dismiss Case 65 filed by Plaintiff Timothy Martin Smith. (Attachments: # 1 Proposed Order)(Geragos, Mark) (Entered: 01/20/2014)
792014-01-21 ORDER by Judge Andrew J. Guilford, granting Stipulation to Continue 78 . The hearings re Motion originally scheduled have been rescheduled. ( Motion hearing continued to 2/24/2014 at 10:00 AM before Judge Andrew J. Guilford.) (twdb) (Entered: 01/21/2014)
802014-01-31 ORDER by Judge Andrew J. Guilford: granting 75 Request to Substitute Attorney Mark John Geragos. Attorney Peter A Muhic terminated. (twdb) (Entered: 02/03/2014)
812014-02-21 NOTICE OF MOTION AND MOTION for Leave to file Second Amended Class Action Complaint filed by Plaintiff Timothy Martin Smith. Motion set for hearing on 3/24/2014 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # 1 Exhibit Proposed Second Amended Class Action Complaint, # 2 Exhibit Local Rule 7-3 Communication, # 3 Proposed Order)(Geragos, Mark) (Entered: 02/21/2014)
822014-02-25 MINUTES (IN CHAMBERS): ORDER by Judge Andrew J. Guilford granting 65 Motion to Dismiss Case. The Court GRANTS QBE's Motion. The Court finds that leave to amend the unjust enrichment claim is appropriate. Any amended complaint must be filed within fourteen days of this Order. If no amendment is timely filed, QBE will deemed to be automatically dismissed. (see document for details). (dro) (Entered: 02/26/2014)
832014-02-24 MINUTES OF Motion Hearing held before Judge Andrew J. Guilford: RE 65 . Matter is argued and taken under submission.Court Reporter: Denise Paddock. (twdb) (Entered: 03/03/2014)
842014-03-11 Notice of Withdrawal of Motion for Leave to File Document, 81 filed by Plaintiff Timothy Martin Smith. (Geragos, Mark) (Entered: 03/11/2014)
852014-03-11 SECOND AMENDED COMPLAINT amending Complaint - (Discovery), 1 , filed by Plaintiff Timothy Martin Smith (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(Geragos, Mark) (Entered: 03/11/2014)
862014-03-25 ANSWER to Amended Complaint, 85 filed by Defendant Suntrust Mortgage Inc..(Leifer, Bryan) (Entered: 03/25/2014)
872014-03-27 Joint STIPULATION for Extension of Time to File Response as to Amended Complaint, 85 filed by Defendant QBE First Insurance Agency Inc, QBE Insurance Corporation. (Attachments: # 1 Proposed Order)(Levin, Fredrick) (Entered: 03/27/2014)
882014-03-27 ORDER by Judge Andrew J. Guilford, Granting Stipulation for Extension of Time to File Response/Reply 87 . Based on the Stipulation among the parties and good cause appearing therefrom, the Court hereby orders as follows: 1. Defendants QBE Insurance Corporation and QBE FIRST Insurance Agency, Inc.'s (together, the "QBE Defendants") motion to dismiss the Second Amended Complaint of Plaintiff Timothy Martin Smith ("Plaintiff") shall be filed on or before April 18, 2014; 2. Plaintiff's opposition to the QBE Defendants' motion shall be filed on or before May 16, 2014; 3. The QBE Defendants' reply shall be filed on or before June 2, 2014; and 4. The hearing on the QBE Defendants' motion shall be set for June 16, 2014 at 10:00 a.m. IT IS SO ORDERED. (dro) (Entered: 03/27/2014)
892014-04-18 NOTICE OF MOTION AND Joint MOTION to Stay Case pending final approval of class settlement in related case filed by Defendants QBE First Insurance Agency Inc, QBE Insurance Corporation. Motion set for hearing on 5/12/2014 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Levin, Fredrick) (Entered: 04/18/2014)
902014-05-02 MINUTE ORDER IN CHAMBERS by Judge Andrew J. Guilford: ORDER GRANTING Joint MOTION to Stay Case pending final approval of class settlement 89 . (Made JS-6. Case Terminated.) (twdb) (Entered: 05/05/2014)
912014-11-07 STIPULATION to Continue November 10, 2014 Status Conference filed by Defendants QBE First Insurance Agency Inc, QBE Insurance Corporation. (Attachments: # 1 Proposed Order)(Levin, Fredrick) (Entered: 11/07/2014)
922014-11-07 ORDER by Judge Andrew J. Guilford, re Stipulation to Adjourn the 11/10/14 Status Conference 91 . DENIED BY ORDER OF THE COURT. (twdb) (Entered: 11/07/2014)
932014-11-10 MINUTES OF Status Conference RE Stay held before Judge Andrew J. Guilford: Status Conference continued to 5/11/2015 09:00 AM before Judge Andrew J. Guilford. Court Reporter: Miriam Baird. (twdb) (Entered: 11/10/2014)
942015-01-30 Joint STIPULATION to Dismiss Case filed by Plaintiff Timothy Martin Smith.(Geragos, Mark) (Entered: 01/30/2015)