Steven Daneman v. The Guardian Life Insurance Company of America

Federal Civil Lawsuit California Central District Court, Case No. 5:18-cv-01751
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Summary

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Parties
No Logo Steven Daneman, Plaintiff

Represented by Donahue and Horrow LLP

Name Phone Fax E-Mail
Space Scott E Calvert scalvert@donahuehorrow.com
Space Michael Brian Horrow +1 310 335 2006 +1 310 335 2001 mhorrow@donahuehorrow.com
Space Nichole D. Podgurski +1 310 322 0300 +1 310 322 0302 npodgurski@donahuehorrow.com
v.
No Logo Berkshire Life Insurance Company of America, Defendant

Represented by Meserve Mumper & Hughes, LLP

Name Phone Fax E-Mail
Space Sevana Babooian +1 213 620 0300 +1 213 625 1930 sbabooian@mmhllp.com
Space Linda M. Lawson +1 213 620 0300 +1 213 625 1930 llawson@mmhllp.com
No Logo Does, Defendant
No Logo The Guardian Life Insurance Company Of America, Defendant

Represented by Meserve Mumper & Hughes, LLP

Name Phone Fax E-Mail
Space Sevana Babooian +1 213 620 0300 +1 213 625 1930 sbabooian@mmhllp.com
Space Linda M. Lawson +1 213 620 0300 +1 213 625 1930 llawson@mmhllp.com
Attributes
Cause Section 28 U.S.C. § 1441
Nature of Suit Insurance
Timeline
  Entries (36) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 39 Filed: 3/26/2020, Entered: None Order
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Legal Document (Payment Possibly Required) 37 Filed: 2/25/2020, Entered: None Minutes of In Chambers Order/Directive - no proceeding held
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Legal Document (Payment Possibly Required) 35 Filed: 8/20/2019, Entered: None Order
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Legal Document (Payment Possibly Required) 32 Filed: 5/30/2019, Entered: None Order
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Legal Document (Payment Possibly Required) 30 Filed: 5/14/2019, Entered: None protective orderCourt Filing
STIPULATED PROTECTIVE ORDER by Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). (kca)
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Legal Document (Payment Possibly Required) 29 Filed: 5/8/2019, Entered: None
STIPULATION for Protective Order filed by Defendants Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Attachments: # 1 Proposed Stipulated Protective Order)(Babooian, Sevana) (Entered: 05/08/2019)
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Legal Document (Payment Possibly Required) 28 Filed: 3/19/2019, Entered: None OrderCourt Filing
ORDER REGRADING STIPULATION TO CONTINUE DATES 27 by Judge Christina A. Snyder:, The deadlines and hearings originally scheduled have been rescheduled:: Fact Discovery cut-off 7/19/2019; Expert Discovery cutoff: 10/25/2019; Motions due by 9/26/2019' Status Conference re settlement set for 6/3/2019 11:00 AM; Final Pretrial Conference set for 11/18/2019 11:00 AM ; Jury Trial set for 12/10/2019 09:30 AM. (lc) (Entered: 03/19/2019)
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Legal Document (Payment Possibly Required) 27 Filed: 3/18/2019, Entered: None
STIPULATION to Continue Dates filed by Defendants Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Attachments: # 1 Proposed Order)(Babooian, Sevana) (Entered: 03/18/2019)
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Legal Document (Payment Possibly Required) 26 Filed: 3/11/2019, Entered: None SUMMARY JUDGMENTCourt Filing
MINUTES by Judge Christina A. Snyder: ORDER RE: DEFENDANTS MOTION FOR SUMMARY JUDGMENT 20 . Defendants' motion IS GRANTED IN PART AND DENIED IN PART. The Court GRANTS defendants motion for summary judgment on plaintiffs breach of contract claim against Berkshire and plaintiffs breach of implied covenant of good faith and fair dealing claim against both defendants. The Court DENIES defendants motion for summary judgment on plaintiffs breach of contract claim against Guardian. (lc) Court Reporter: Laura Elias. Modified on 4/3/2019 (cj). (Entered: 03/15/2019)
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Legal Document (Payment Possibly Required) 25 Filed: 3/1/2019, Entered: None
NOTICE of Parties' Compliance with Completion of Mediation Deadline filed by Plaintiff Steven Daneman. (Calvert, Scott) (Entered: 03/01/2019)
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Legal Document (Payment Possibly Required) 24 Filed: 2/22/2019, Entered: None
REPLY in Support of NOTICE OF MOTION AND MOTION for Summary Judgment 20 filed by Defendants Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration of John Graff in Support of Defendants' Reply to their Motion for Summary Judgment, # 2 Exhibit 1 re John Graff's Declaration, # 3 Exhibit 2 re re John Graff's Declaration, # 4 Defendants' Reply to Plaintiff's Statement of Genuine Disputes Submitted in Support of Opposition to Defendants' Motion for Summary Judgment)(Babooian, Sevana) (Entered: 02/22/2019)
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Legal Document (Payment Possibly Required) 23 Filed: 2/8/2019, Entered: None
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment 20 filed by Plaintiff Steven Daneman. (Attachments: # 1 Statement of Genuine Disputes)(Calvert, Scott) (Entered: 02/08/2019)
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Legal Document (Payment Possibly Required) 22 Filed: 1/25/2019, Entered: None Court Filing
SCHEDULING NOTICE DENIED WITHOUT PREJUDICE by Judge Christina A. Snyder re: Stipulation to Continue 19, subject to being renewed after the Court's ruling on the NOTICE OF MOTION AND MOTION for Summary Judgment 20, set for hearing on 3/11/2019. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY (Entered: 01/25/2019)
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Legal Document (Payment Possibly Required) 21 Filed: 1/25/2019, Entered: None
DECLARATION of John Graff in support of NOTICE OF MOTION AND MOTION for Summary Judgment 20 filed by Defendants Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31)(Babooian, Sevana) (Entered: 01/25/2019)
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Legal Document (Payment Possibly Required) 20 Filed: 1/25/2019, Entered: None Court Filing
NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendants Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. Motion set for hearing on 3/11/2019 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Memorandum of Points and Authorities in Support of Defendants' Motion for Summary Judgment re Statute of Limitations, # 2 Defendants' Statement of Uncontroverted Facts and Conclusions of Law, # 3 Proposed Judgment Granting Defendants' Motion for Summary Judgment) (Babooian, Sevana) (Entered: 01/25/2019)
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Legal Document (Payment Possibly Required) 19 Filed: 1/24/2019, Entered: None
STIPULATION to Continue Dates filed by Defendants Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Attachments: # 1 Proposed Order)(Babooian, Sevana) (Entered: 01/24/2019)
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Legal Document (Payment Possibly Required) 18 Filed: 12/17/2018, Entered: None Court Filing
ORDER REGARDING STIPULATION FOR DEFENDANTS TO FILE MOTION FOR SUMMARY JUDGMENT 14 by Judge Christina A. Snyder: Defendants File Opening Brief: January 25, 2019;Plaintiff Files Opposition Brief: February 8, 2019; Defendants File Reply Brief: February 22, 2019; Hearing: March 11, 2019 at 10:00 a.m. (lc) (Entered: 12/18/2018)
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Legal Document (Payment Possibly Required) 17 Filed: 12/17/2018, Entered: None
NOTICE of Change of address by Sevana Babooian attorney for Defendants Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. Changing attorneys address to Meserve, Mumper & Hughes LLP, 1000 Wilshire Boulevard, Suite 1860, Los Angeles, CA 90017-2475. Filed by Defendants Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Babooian, Sevana) (Entered: 12/17/2018)
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Legal Document (Payment Possibly Required) 16 Filed: 12/17/2018, Entered: None
AMENDED ANSWER to Complaint - (Discovery), filed by Defendants Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Babooian, Sevana) (Entered: 12/17/2018)
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Legal Document (Payment Possibly Required) 15 Filed: 12/14/2018, Entered: None Court Filing
ORDER APPROVING STIPULATION TO ALLOW DEFENDANTS THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA AND BERKSHIRE LIFE INSURANCE COMPANY OF AMERICA TO FILE AN AMENDED ANSWER TO PLAINTIFF'S COMPLAINT 13 by Judge Christina A. Snyder (lc) (Entered: 12/14/2018)
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Legal Document (Payment Possibly Required) 14 Filed: 12/14/2018, Entered: None
STIPULATION for Order for Defendants to File Motion for Summary Judgment on Statute of Limitations filed by Defendants Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Attachments: # 1 Proposed Order)(Babooian, Sevana) (Entered: 12/14/2018)
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Legal Document (Payment Possibly Required) 13 Filed: 12/14/2018, Entered: None
STIPULATION for Order to Allow Defendants The Guardian Life Insurance Company of America and Berkshire Life Insurance Company of America to File an Amended Answer to Plaintiff's Complaint filed by Defendants Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Attachments: # 1 Exhibit A - Defendants' Amended Answer to Complaint, # 2 Proposed Order)(Babooian, Sevana) (Entered: 12/14/2018)
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Legal Document (Payment Possibly Required) 12 Filed: 9/24/2018, Entered: None Court Filing
ORDER/REFERRAL to ADR Procedure by Judge Christina A. Snyder. ADR Proceeding to be held no later than 3/1/19. Status Conference set for 3/11/2019 11:00 AM before Judge Christina A. Snyder. (lc) (Entered: 09/25/2018)
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Legal Document (Payment Possibly Required) 11 Filed: 9/24/2018, Entered: None Court Filing
MINUTES OF Scheduling Conference held before Judge Christina A. Snyder. The Court confers with counsel and schedules the following dates: Request for leave to file amended pleadings or to add parties: 10/26/2018; Settlement Completion Cutoff: 3/1/2019; Factual Discovery Cut-off: 4/26/2019; Last Day to File Motions: 6/10/2019; Expert Discovery Cut-off: 7/26/2019; Status Conference re: Settlement (11:00 A.M.): 3/11/2019; Pretrial Conference/Hearing on Motions in Limine (11:00 A.M.): 8/19/2019; and Jury Trial (9:30 A.M.): 9/17/2019.Motions in limine shall be noticed for the same date and time of the PretrialConference, and filed 28 days prior thereto. Motions in limine/oppositions shall not exceed five (5) pages in length and no replies will be accepted. Court Reporter: Laura Elias. (lc) (Entered: 09/25/2018)
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Legal Document (Payment Possibly Required) 10 Filed: 9/19/2018, Entered: None
Notice of Appearance or Withdrawal of Counsel: for attorney Michael B Horrow counsel for Plaintiff Steven Daneman. Adding Scott E. Calvert as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff Steven Daneman. (Horrow, Michael) (Entered: 09/19/2018)
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Legal Document (Payment Possibly Required) 9 Filed: 9/17/2018, Entered: None
JOINT REPORT Rule 26(f) Discovery Plan Joint Scheduling Conference Statement ; estimated length of trial 8-10 days, filed by Defendants Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America.. (Babooian, Sevana) (Entered: 09/17/2018)
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Legal Document (Payment Possibly Required) 8 Filed: 8/31/2018, Entered: None Initial Order Setting R26 Scheduling Conference - form onlyCourt Filing
ORDER SETTING SCHEDULING CONFERENCE by Judge Christina A. Snyder. Scheduling Conference is set for 9/24/2018 at 11:00 AM before Judge Christina A. Snyder. (cj) (Entered: 08/31/2018)
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Legal Document (Payment Possibly Required) 7 Filed: 8/31/2018, Entered: None Initial Order upon Filing of Complaint - form onlyCourt Filing
NOTICE TO COUNSEL upon filing of the complaint by Judge Christina A. Snyder. (rba) (Entered: 08/31/2018)
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Legal Document (Payment Possibly Required) 6 Filed: 8/22/2018, Entered: None
PROOF OF SERVICE filed by Defendants Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America, re Civil Cover Sheet (CV-71) 2, Certificate/Notice of Interested Parties, 3, Notice of Reassignment of Eastern Division Removal Case (CV-106) - optional html form, 4, Notice of Removal (Attorney Civil Case Opening),,, 1 served on August 22, 2018. (Babooian, Sevana) (Entered: 08/22/2018)
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Legal Document (Payment Possibly Required) 5 Filed: 8/22/2018, Entered: None Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 08/22/2018)
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Legal Document (Payment Possibly Required) 4 Filed: 8/22/2018, Entered: None Reassignment of Eastern Division Removal Case (CV-106) - optional html formCourt Filing
NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Sheri Pym for discovery. Pursuant to General Order 16-05, this case has been randomly reassigned to District Judge Christina A. Snyder. The case number on all documents filed with the Court in this case should read as follows: 5:18-cv-01751-CAS (SPx). (et) (Entered: 08/22/2018)
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Legal Document (Payment Possibly Required)  Filed: 8/21/2018, Entered: None
CONFORMED FILED COPY OF ANSWER TO COMPLAINT filed by Defendants Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. [FILED IN STATE COURT ON 8/20/2018 SUBMITTED ATTACHED TO EXHIBIT B TO NOTICE OF REMOVAL AS ATTACHMENT NO. 7 1 .(et)
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Legal Document (Payment Possibly Required)  Filed: 8/21/2018, Entered: None
CONFORMED FILED COPY OF COMPLAINT against Defendants Berkshire Life Insurance Company of America, Does 1 through 10, inclusive, The Guardian Life Insurance Company of America. Jury Demanded., filed by Plaintiff Steven Daneman. [FILED IN STATE COURT ON 7/23/2018 SUBMITTED ATTACHED TO EXHIBIT A2 SUBMITTED ATTACHED TO NOTICE OF REMOVAL AS ATTACHMENT NO. 2 1 ] (et)
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Legal Document (Payment Possibly Required) 3 Filed: 8/21/2018, Entered: None
CERTIFICATE of Interested Parties filed by Defendants Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America, identifying The Guardian Life Insurance Company of America and Berkshire Life Insurance Company of America. (Attorney Linda Marie Lawson added to party Berkshire Life Insurance Company of America(pty:dft), Attorney Linda Marie Lawson added to party The Guardian Life Insurance Company of America(pty:dft))(Lawson, Linda) (Entered: 08/21/2018)
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Legal Document (Payment Possibly Required) 2 Filed: 8/21/2018, Entered: None Civil Cover Sheet (CV-71)
CIVIL COVER SHEET filed by Defendants Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Babooian, Sevana) (Entered: 08/21/2018)
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Legal Document (Payment Possibly Required) 1 Filed: 8/21/2018, Entered: None
NOTICE OF REMOVAL from Superior Court of the State of California, County of Riverside, case number PSC1804353 Receipt No: 0973-22287111 - Fee: $400, filed by Defendants Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Attachments: # 1 Exhibit A1 State Court Summons, # 2 Exhibit A2 State Court Complaint, # 3 Exhibit A3 State Court Civil Case Cover Sheet, # 4 Exhibit A4 State Court Certificate of Counsel, # 5 Exhibit A5 State Court Notice of Dept Assignment, # 6 Exhibit A6 State Court Notice of CMC, # 7 Exhibit B Defendants' Answer, # 8 Exhibit C State Court Notice, # 9 Declaration Re Removal to the USDC) (Attorney Sevana Babooian added to party Berkshire Life Insurance Company of America(pty:dft), Attorney Sevana Babooian added to party The Guardian Life Insurance Company of America(pty:dft))(Babooian, Sevana) (Entered: 08/21/2018)
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