Western National Mutual Insurance Company v. Clear Blue Energy Corporation et al

Docket(#51) ORDER granting #50 Motion for Extension of Time. The July 28, 2023 Settlement Disposition Conference (SDC) is hereby continued to August 25, 2023 at 2:30 p.m. Counsel for the Settling Parties shall conference on one line and jointly call Judge Leshner's chambers at the appointed time. This conference will not be further continued. If a motion for dismissal is filed before August 25, 2023, the SDC will be vacated. (Settlement Disposition Conference set for 8/25/2023 02:30 PM before Magistrate Judge David D. Leshner.) (no document attached) (src) (Entered: 07/25/2023)

Docket(#50) MOTION for Extension of Time to File Request for Dismissal by Western National Mutual Insurance Company. (Zanin, Angela) (ddf). (Entered: 07/24/2023)

Docket(#49) ORDER Denying Request to Continue; Order Regarding Ex Parte Requests for Continuance. On July 20, 2023, Gina Goldberg, counsel for Plaintiff, emailed the Magistrate Judge's chambers to request a two-week continuance of the Settlement Disposition Conference set for July 28, 2023. Ms. Goldberg copied two other attorneys from her firm on the email, but no other counsel were included. Counsel's email request to chambers is not in compliance with Judge Leshner's Chambers Rules, which require that a motion to continue any date or deadline be brought as a single motion signed by all parties. See Chambers Rules for the Honorable David D. Leshner, section III.E. Furthermore, because Plaintiff's counsel's request for a continuance was made ex parte, it is not clear whether Defendants join in the request or whether counsel met and conferred before Ms. Goldberg contacted chambers, as required by the Court's Chambers Rules and as explicitly ordered by the Court after Plaintiff unilaterally and without the consent of other parties moved to vacate the deadlines and hearings set in the Scheduling Order. See Dkt. Nos. 35, 36. Plaintiff's counsel's request for a continuance is accordingly DENIED for counsel's failure to comply with Judge Leshner's Chambers Rules and failure to meet and confer with opposing counsel. Plaintiff's counsel is advised that the Court will not entertain any further ex parte requests to continue, modify or vacate any date or deadline set by the Court. (no document attached) (src) (Entered: 07/21/2023)

Docket(#48) Minute Entry for proceedings held before Magistrate Judge David D. Leshner: A Discovery Conference was held on 7/12/2023. For the reasons discussed on the record, the Court ORDERS A Bright Idea Services, Inc. to produce a witness for deposition pursuant to Federal Rule of Civil Procedure 30(b)(6) on July 25, 2023. No other fact discovery is permitted and all pretrial deadlines remain as previously set. (Appearances: G. Goldberg for Western National Mutual Ins. Co.; A. Carlton and R. Crosner for Clear Blue Energy Corp.; B. Koegel for A Bright Idea Services, Inc.). (no document attached) (src) (Entered: 07/12/2023)

Docket(#47) NOTICE Of Videoconference Information For July 12,2023 Discovery Conference (ddf) (Entered: 07/12/2023)

Docket(#46) ORDER Granting Cross-Complainant Clear Blue Energy Corporation's Request To Substitute Attorney [ECF No. #41 ]. Signed by Judge Linda Lopez on 7/11/2023. (ddf) (Entered: 07/11/2023)

Docket(#45) Minute Order Setting Discovery Conference. Pursuant to Judge Leshner's Chambers Rules, the Court hereby sets a Discovery Conference for July 12, 2023 at 9:30. Counsel for all parties, including Cross-Defendant A Bright Idea Services, Inc. must appear at the conference. By not later than 4:00 p.m. on July 11, 2023, counsel for Clear Blue Energy must lodge by email to Judge Leshner's chambers (efile_Leshner@casd.uscourts.gov) a copy of its Rule 30(b)(6) deposition notice to A Bright Idea Services, Inc., and any objections thereto. The Discovery Conference will be held by videoconference. Instructions for appearances will follow by separate notice. Discovery Conference set for 7/12/2023 09:30 AM before Magistrate Judge David D. Leshner.(no document attached) (src) (Entered: 07/11/2023)

Docket(#44) Minute Entry for proceedings held before Magistrate Judge David D. Leshner: A Settlement Disposition Conference was held on 7/7/2023 regarding the settlement between Plaintiff Western National Mutual Insurance Company and Defendants Clear Blue Energy Corporation, Paul Santina, Lynn Santina, James Kelly, Denise Kelly and Kelly Family Trust (the "Settling Parties"). Having been apprised of the status of the Settling Parties' settlement efforts, the Court hereby sets a further telephonic Settlement Disposition Conference for July 28, 2023 at 11:00 a.m. Counsel for the Settling Parties shall conference on one line and jointly call chambers (619-837-6526) at the appointed time. If dismissal papers are filed before July 28, 2023, the Settlement Disposition Conference will be vacated. (Settlement Disposition Conference set for 7/28/2023 11:00 AM before Magistrate Judge David D. Leshner.) (Appearances: G. Goldberg; A. Zanin; A. Carlton; R. Crosner). (no document attached) (src) (Entered: 07/07/2023)

Docket(#43) Minute Entry Changing Time. The Settlement Disposition Conference set for July 7, 2023 will begin at 11:30 a.m. Please note, this is a TIME CHANGE ONLY. All other instructions remain as issued. Dkt. No. 42. (Settlement Disposition Conference set for 7/7/2023 11:30 AM before Magistrate Judge David D. Leshner.)(no document attached) (src) (Entered: 07/06/2023)

Docket(#42) Minute Order Resetting Settlement Disposition Conference. A telephonic, counsel-only Settlement Disposition Conference was set for June 30, 2023 at 10:30 a.m. regarding plaintiff's report that it had settled its claims entirely. See Dkt. No. 34. All counsel failed to appear, although no motion for dismissal of plaintiff's claims has been filed. The Court hereby continues the Settlement Disposition Conference for July 7, 2023 at 11:00 a.m. Counsel for all settling parties must conference on one line and then jointly call chambers (619-837-6526) at the appointed time. The Settlement Disposition Conference will be vacated only upon the filing of a motion for dismissal of plaintiff's claims on or before July 7, 2023. (Settlement Disposition Conference set for 7/7/2023 11:00 AM before Magistrate Judge David D. Leshner.) (no document attached) (kmc) (Entered: 06/30/2023)

Docket(#10) SUMMONS Returned Executed by Lyn Santina, Denise Kelly, Paul Santina, James Kelly, Clear Blue Energy Corporation, James Kelly(as Trustee of the Kelly Family Trust ). A BRIGHT IDEA SERVICES, INC. served. (Carlton, Andrew) (ddf). (Entered: 10/25/2022)

Docket(#9) NOTICE AND ORDER Setting Early Neutral Evaluation Conference; Rule 26 Compliance; And Case Management Conference. Signed by Magistrate Judge David D. Leshner on 10/20/2022.(ddf) (Entered: 10/20/2022)

Docket(#8) Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (ddf) (Entered: 10/20/2022)

Docket(#7) ANSWER to #1 Complaint,, by Clear Blue Energy Corporation, Denise Kelly, James Kelly, James Kelly(as Trustee of the Kelly Family Trust ), Lyn Santina, Paul Santina.(Carlton, Andrew) (ddf). (Entered: 10/19/2022)

Docket(#6) THIRD PARTY COMPLAINT against MARK SPAHN, A BRIGHT IDEA SERVICES, INC., filed by Paul Santina, James Kelly, Lyn Santina, James Kelly(as Trustee of the Kelly Family Trust ), Denise Kelly, Clear Blue Energy Corporation.New Summons Requested. (Carlton, Andrew) (ddf). (Entered: 10/19/2022)

Docket(#5) ORDER granting #4 Motion for Extension of Time to Answer re #4 Joint MOTION for Extension of Time to File Answer and Stipultion Regarding the Same Clear Blue Energy Corporation answer due 10/24/2022; Denise Kelly answer due 10/24/2022; James Kelly answer due 10/24/2022; James Kelly(as Trustee of the Kelly Family Trust ) answer due 10/24/2022; Lyn Santina answer due 10/24/2022; Paul Santina answer due 10/24/2022.. Signed by Judge Linda Lopez on 9/19/2022. (alns) (jms). (Entered: 09/19/2022)

Docket(#4) Joint MOTION for Extension of Time to File Answer and Stipultion Regarding the Same by Clear Blue Energy Corporation, Denise Kelly, James Kelly, James Kelly(as Trustee of the Kelly Family Trust ), Lyn Santina, Paul Santina. (Carlton, Andrew)Attorney Andrew Charles Carlton added to party Clear Blue Energy Corporation(pty:dft), Attorney Andrew Charles Carlton added to party Denise Kelly(pty:dft), Attorney Andrew Charles Carlton added to party James Kelly(pty:dft), Attorney Andrew Charles Carlton added to party James Kelly(pty:dft), Attorney Andrew Charles Carlton added to party Lyn Santina(pty:dft), Attorney Andrew Charles Carlton added to party Paul Santina(pty:dft) (ddf). (Entered: 09/15/2022)

Docket(#3) Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (cxl1) (rmc). (Entered: 09/09/2022)

Docket(#2) NOTICE of Party With Financial Interest by Western National Mutual Insurance Company. Identifying Corporate Parent Colonial Insurance Company, Corporate Parent Pioneer Specialty Company, Corporate Parent Umialik Insurance Company, Corporate Parent American Freedom Insurance Company, Corporate Parent Nevada General Insurance Company, Corporate Parent Western National Finance, Corporate Parent Farmers Home Group, Other Affiliate Michigan Millers Insurance Company for Western National Mutual Insurance Company. (cxl1) (rmc). (Entered: 09/09/2022)

Docket(#1) COMPLAINT against Clear Blue Energy Corporation, Denise Kelly, James Kelly, James Kelly(as Trustee of the Kelly Family Trust ), Lyn Santina, Paul Santina ( Filing fee $ 402 receipt number ACASDC-17145373.), filed by Western National Mutual Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)The new case number is 3:22-cv-1354-LL-DDL. Judge Linda Lopez and Magistrate Judge David D. Leshner are assigned to the case. (Goldberg, Gina)(cxl1) (rmc). (Entered: 09/09/2022)