Toutouni et al v. The Guardian Life Insurance Company of America et al

Federal Civil Lawsuit California Central District Court, Case No. 2:17-cv-01575
District Judge John F. Walter, presiding
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District Judge John F. Walter
Last Updated June 22, 2026 at 12:24 AM EDT (1.6 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [6DA45DD], Plaintiff

Represented by Foundation Law Group Llp

Name Phone Fax E-Mail
Space Kevin D. Hughes kevin@foundationlaw.com

Represented by Michael Mirharooni & Associates

Name Phone Fax E-Mail
Space Michael Mirharooni mirharooni@insurancelawlawyers.com
No Logo Arthur Grant, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Kevin D. Hughes
Space Michael Mirharooni

Represented by Foundation Law Group Llp

Name Phone Fax E-Mail
Space Kevin D. Hughes kevin@foundationlaw.com

Represented by Michael Mirharooni & Associates

Name Phone Fax E-Mail
Space Michael Mirharooni mirharooni@insurancelawlawyers.com
No Logo Farzad Tony Toutouni, Plaintiff

Represented by Foundation Law Group Llp

Name Phone Fax E-Mail
Space Kevin D. Hughes kevin@foundationlaw.com

Represented by Michael Mirharooni & Associates

Name Phone Fax E-Mail
Space Michael Mirharooni mirharooni@insurancelawlawyers.com
v.
No Logo Cain Brothers & Company, Llc, Defendant
No Logo Does, Defendant
No Logo Premier Access Insurance Company, Defendant
No Logo The Guardian Life Insurance Company Of America, Defendant

Represented by Burke Williams & Sorensen LLP

Name Phone Fax E-Mail
Space Michael Bernacchi +1 213 236 0600 +1 213 236 2700 mbernacchi@bwslaw.com
Space Edith S Shea +1 213 236 0600 +1 213 236 2700 eshea@bwslaw.com
Attributes
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1441 Notice of Removal - Breach of Contract
Jurisdiction Diversity
Case Status closed
Jury Demand Defendant
Monetary Demand $75,000
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 33 Filed: 1/9/2018, Entered: 1/9/2018 Court Filing
ORDER FOR DISMISSAL OFENTIRE ACTION WITHPREJUDICE 32 by Judge John F. Walter that this action is dismissed in its entirety with prejudice as to all parties. Each party is to bear her or its own attorneys fees and costs. (Case CLOSED). (jp) (Entered: 01/09/2018)
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Legal Document (Payment Possibly Required) 32 Filed: 1/5/2018, Entered: 1/5/2018
STIPULATION to Dismiss Case filed by Defendant The Guardian Life Insurance Company of America. (Attachments: # 1 Proposed Order)(Bernacchi, Michael) (Entered: 01/05/2018)
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Legal Document (Payment Possibly Required) 31 Filed: 11/1/2017, Entered: 11/1/2017 Court Filing
MINUTE (IN CHAMBERS) ORDER OF DISMISSAL by Judge John F. Walter: In the Notice of Settlement 30 filed on 10/31/2017, the parties represent that they have settled this action. As a result, the Court dismisses this action without prejudice subject to either party reopening the action on or before 1/30/2017. The Court will retain jurisdiction for the sole purpose of enforcing the settlement until 11/30/2017. Thereafter, absent further order of the Court, the dismissal of this action will be with prejudice. All dates in this action, including the trial date are vacated. (Made JS-6. Case Terminated.) (jp) (Entered: 11/01/2017)
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Legal Document (Payment Possibly Required) 30 Filed: 10/31/2017, Entered: 10/31/2017
NOTICE of Settlement filed by Defendant The Guardian Life Insurance Company of America. (Bernacchi, Michael) (Entered: 10/31/2017)
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Legal Document (Payment Possibly Required) 29 Filed: 10/5/2017, Entered: 10/5/2017
JOINT REPORT of RE: RESULTS OF MEDIATION filed by Defendant The Guardian Life Insurance Company of America. (Bernacchi, Michael) (Entered: 10/05/2017)
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Legal Document (Payment Possibly Required) 28 Filed: 7/25/2017, Entered: 7/25/2017 Court Filing
ORDER TO CONTINUE SETTLEMENT CONFERENCE CUT-OFF DEADLINE 27 by Judge John F. Walter that the settlement conference cut-off deadline in this action is continued from 8/1/2017 to 9/29/2017. IT IS FURTHER ORDERED that the Parties shall file a joint report on the results of the settlement conference by no later than 10/6/2017. (jp) (Entered: 07/25/2017)
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Legal Document (Payment Possibly Required) 27 Filed: 7/21/2017, Entered: 7/21/2017
STIPULATION to Continue Settlement Conference Cut-Off Date from 8/1/17 to 9/29/17 filed by Defendant The Guardian Life Insurance Company of America. (Attachments: # 1 Proposed Order)(Bernacchi, Michael) (Entered: 07/21/2017)
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Legal Document (Payment Possibly Required) 26 Filed: 5/31/2017, Entered: 5/31/2017 Court Filing
MINUTE ORDER IN CHAMBERS by Judge John F. Walter: For the reasons stated herein, defendant's Motion for Judgment on the Pleadings 19 is GRANTED. Plaintiffs' third cause of action for fraud, fourth cause of action for violation of California Business & Professions Code ยง 17200, and Plaintiffs' claim for punitive damages are DISMISSED with prejudice. (cw) (Entered: 05/31/2017)
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Legal Document (Payment Possibly Required) 25 Filed: 5/28/2017, Entered: 5/28/2017
DECLARATION of Kevin D. Hughes re Compliance with Local Rules Governing Electronic Filing filed by Plaintiffs Arthur Grant, Farzad Tony Toutouni. (Hughes, Kevin) (Entered: 05/28/2017)
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Legal Document (Payment Possibly Required) 24 Filed: 5/28/2017, Entered: 5/28/2017
NOTICE of Appearance filed by attorney Kevin D Hughes on behalf of Plaintiffs Arthur Grant, Farzad Tony Toutouni (Attorney Kevin D Hughes added to party Arthur Grant(pty:pla), Attorney Kevin D Hughes added to party Farzad Tony Toutouni(pty:pla))(Hughes, Kevin) (Entered: 05/28/2017)
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Legal Document (Payment Possibly Required) 23 Filed: 5/26/2017, Entered: 5/26/2017
STATEMENT of Non-Receipt of Plaintiffs' Opposition NOTICE OF MOTION AND MOTION for Judgment on the Pleadings 19 filed by Defendant The Guardian Life Insurance Company of America. (Shea, Edith) (Entered: 05/26/2017)
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Legal Document (Payment Possibly Required) 22 Filed: 5/18/2017, Entered: 5/18/2017
RESPONSE filed by Plaintiffs Arthur Grant, Farzad Tony Toutounito Order to Show Cause,, 20, Response 21 CORRECTED FOOTER (Mirharooni, Michael) (Entered: 05/18/2017)
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Legal Document (Payment Possibly Required) 21 Filed: 5/18/2017, Entered: 5/18/2017
RESPONSE filed by Plaintiffs Arthur Grant, Farzad Tony Toutounito Order to Show Cause,, 20 (Mirharooni, Michael) (Entered: 05/18/2017)
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Legal Document (Payment Possibly Required) 20 Filed: 5/15/2017, Entered: 5/15/2017 Court Filing
ORDER TO SHOW CAUSE RE: SANCTIONS by Judge John F. Walter. Plaintiffs are ordered to show cause, in writing, by May 18, 2017 why the Court should not impose sanctions in the amount of $1,500 against Plaintiffs or dismiss this action for Plaintiffs' failure to cooperate with counsel and comply with the Court's Standing Order and the Local Rules. No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The Order will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Order to Show Cause will result in the imposition of sanctions and dismissal of this action. IT IS SO ORDERED. (jloz) (Entered: 05/15/2017)
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Legal Document (Payment Possibly Required) 19 Filed: 5/12/2017, Entered: 5/12/2017 Court Filing
NOTICE OF MOTION AND MOTION for Judgment on the Pleadings filed by Defendant The Guardian Life Insurance Company of America. Motion set for hearing on 6/12/2017 at 01:30 PM before Judge John F. Walter. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Edith S. Shea, # 3 Exhibits A-F to Declaration of Edith S. Shea, # 4 Proposed Order, # 5 Proof of Service) (Shea, Edith) (Entered: 05/12/2017)
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Legal Document (Payment Possibly Required) 18 Filed: 4/4/2017, Entered: 4/4/2017 Court Filing
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The parties are hereby notified of the following deadlines and hearings that will govern this action: Last day to conduct settlement conference 8/1/2017; Last day to file Joint Report on results of Settlement Conference 8/8/2017; Discovery cut-off 12/4/2017; Last day for hearing on motions 12/18/2017; Proposed Pretrial Order due 1/25/2018; Pretrial Conference set 2/2/2018 at 10:00 a.m.; Hearing on motions in limine/disputed jury instructions 2/9/2018 at 10:00 a.m.; Jury Trial set 2/20/2018 at 8:30 a.m. before Judge John F. Walter. IT IS SO ORDERED. (cw) (Entered: 04/04/2017)
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Legal Document (Payment Possibly Required) 17 Filed: 4/4/2017, Entered: 4/4/2017
ORDER VACATING SCHEDULING CONFERENCE and ORDER RE: REFERRAL TO ADR Procedure No. 3: The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on April 17, 2017 is VACATED and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The ADR proceeding is to be completed no later than August 1, 2017. (Party terminated: Does (1 - 10).) (cw) (Entered: 04/04/2017)
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Legal Document (Payment Possibly Required) 16 Filed: 4/3/2017, Entered: 4/3/2017
PROOF OF SERVICE filed by Defendant The Guardian Life Insurance Company of America, re Joint Report Rule 26(f) Discovery Plan 15 served on 04/03/2017. (Shea, Edith) (Entered: 04/03/2017)
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Legal Document (Payment Possibly Required) 15 Filed: 4/3/2017, Entered: 4/3/2017
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 days, filed by Defendant The Guardian Life Insurance Company of America.. (Shea, Edith) (Entered: 04/03/2017)
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Legal Document (Payment Possibly Required) 14 Filed: 4/3/2017, Entered: 4/3/2017 Court Filing
Effective April 10, 2017, Judge McDermott will be located at the Edward R. Roybal Federal Building, COURTROOM 630 on the 6th Floor, located at 255 East Temple Street, Los Angeles, California 90012. All court appearances shall be made in Courtroom 630 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mailbox located outside the Clerk's Office on the 1st Floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 04/03/2017)
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Legal Document (Payment Possibly Required) 13 Filed: 3/9/2017, Entered: 3/9/2017
SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening), 1 filed by Defendant The Guardian Life Insurance Company of America. (Attachments: # 1 Supplement of State Court Documents 1 - 15, # 2 Proof of Service)(Bernacchi, Michael) (Entered: 03/09/2017)
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Legal Document (Payment Possibly Required) 12 Filed: 3/9/2017, Entered: 3/9/2017
DECLARATION of Michael B. Bernacchi re: Compliance with Local Rules Governing Electronic Filing filed by Defendant The Guardian Life Insurance Company of America. (Attachments: # 1 Proof of Service)(Bernacchi, Michael) (Entered: 03/09/2017)
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Legal Document (Payment Possibly Required) 11 Filed: 3/8/2017, Entered: 3/8/2017 Court Filing
MINUTE (IN CHAMBERS): ORDER DISMISSING DOES by Judge John F. Walter: Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the action as to Doe Defendants 11 through 100, inclusive. (jp) (Entered: 03/08/2017)
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Legal Document (Payment Possibly Required) 10 Filed: 3/6/2017, Entered: 3/6/2017
PROOF OF SERVICE filed by Defendant The Guardian Life Insurance Company of America, re Order 7, Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, 8 served on March 6, 2017. (Bernacchi, Michael) (Entered: 03/06/2017)
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Legal Document (Payment Possibly Required) 9 Filed: 3/3/2017, Entered: 3/3/2017 Court Filing
TEXT ONLY ENTRY by chambers of Judge John F. Walter. If not yet provided, courtesy copies of all case opening documents shall be delivered to chambers by 12:00 p.m. on March 3, 2017. (Refer to Court's Standing Order and Local Rule 5-4.5) Failure to comply may result in an Order to Show Cause re Dismissal and/or Sanctions for Failure to Comply with Rules. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jloz) TEXT ONLY ENTRY (Entered: 03/03/2017)
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Legal Document (Payment Possibly Required) 8 Filed: 3/3/2017, Entered: 3/3/2017 Court Filing
MINUTE ORDER (IN CHAMBERS): COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for April 17, 2017 at 8:30 a.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before April 3, 2017. (See document for other requirements.) (lom) (Entered: 03/03/2017)
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Legal Document (Payment Possibly Required) 7 Filed: 3/3/2017, Entered: 3/3/2017 Court Filing
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom) (Entered: 03/03/2017)
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Legal Document (Payment Possibly Required) 6 Filed: 3/1/2017, Entered: 3/1/2017 Court Filing
PROOF OF SERVICE filed by Defendant The Guardian Life Insurance Company of America, re Notice of Assignment to United States Judges(CV-18) - optional html form 4, Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form 5 served on March 1, 2017. (Bernacchi, Michael) (Entered: 03/01/2017)
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Legal Document (Payment Possibly Required) 5 Filed: 2/28/2017, Entered: 2/28/2017
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 02/28/2017)
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Legal Document (Payment Possibly Required) 4 Filed: 2/28/2017, Entered: 2/28/2017 Court Filing
NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge John E. McDermott. (car) (Entered: 02/28/2017)
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Blank  Filed: 2/27/2017, Entered: 2/28/2017
CONFORMED COPY OF REQUEST FOR DISMISSAL filed by Plaintiffs 6DA45DD, Arthur Grant pursuant to FRCP 41a(1) as to Cain Brothers and Company, LLC, Premier Access Insurance Company. Filed in State Court on 2/2/17 Submitted with Attachment 1 Exhibit 2 to Notice of Removal (car) Modified on 2/28/2017 (car).
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Legal Document (Payment Possibly Required)  Filed: 2/27/2017, Entered: None
CONFORMED COPY OF REQUEST FOR DISMISSAL filed by Plaintiffs Farzad Tony Toutouni, Arthur Grant pursuant to FRCP 41a(1) as to Cain Brothers and Company, LLC, Premier Access Insurance Company. Filed in State Court on 2/2/17 Submitted with Attachment 1 Exhibit 2 to Notice of Removal (car) Modified on 2/28/2017 (car).
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Blank  Filed: 2/27/2017, Entered: 2/28/2017
CONFORMED COPY OF ANSWER to Complaint - (Discovery), filed by Defendant The Guardian Life Insurance Company of America. Filed in State Court on 1/31/17 Submitted with attachment 1 Exhibit 1 to Notice of Removal(car)
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Blank  Filed: 2/27/2017, Entered: 2/28/2017
CONFORMED COPY OF NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff 6DA45DD, Arthur Grant, upon Defendant The Guardian Life Insurance Company of America acknowledgment sent by Plaintiff on 12/14/2016, answer due 1/4/2017. Acknowledgment of Service signed by Michael B Bernacchi, Attorney for Defendant. Submitted with Attachment 1 Exhibit 1 to Notice of Removal (car)
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Legal Document (Payment Possibly Required)  Filed: 2/27/2017, Entered: None
CONFORMED COPY OF NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Farzad Tony Toutouni, Arthur Grant, upon Defendant The Guardian Life Insurance Company of America acknowledgment sent by Plaintiff on 12/14/2016, answer due 1/4/2017. Acknowledgment of Service signed by Michael B Bernacchi, Attorney for Defendant. Submitted with Attachment 1 Exhibit 1 to Notice of Removal (car)
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Blank  Filed: 2/27/2017, Entered: 2/28/2017
CONFORMED COPY OF COMPLAINT against Defendants Cain Brothers and Company, LLC, Does 1-100, inclusive, Premier Access Insurance Company, The Guardian Life Insurance Company of America., filed by Plaintiffs 6DA45DD, Arthur Grant. Filed in State Court on 4/8/16 Submitted with Attachment 1 Exhibit 3 to Notice of Removal (car)
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Legal Document (Payment Possibly Required)  Filed: 2/27/2017, Entered: None
CONFORMED COPY OF COMPLAINT against Defendants Cain Brothers and Company, LLC, Does 1-100, inclusive, Premier Access Insurance Company, The Guardian Life Insurance Company of America., filed by Plaintiffs Farzad Tony Toutouni, Arthur Grant. Filed in State Court on 4/8/16 Submitted with Attachment 1 Exhibit 3 to Notice of Removal (car)
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Legal Document (Payment Possibly Required) 3 Filed: 2/27/2017, Entered: 2/27/2017
NOTICE of Interested Parties filed by Defendant The Guardian Life Insurance Company of America, (Attachments: # 1 Proof of Service)(Bernacchi, Michael) (Entered: 02/27/2017)
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Legal Document (Payment Possibly Required) 2 Filed: 2/27/2017, Entered: 2/27/2017
CIVIL COVER SHEET filed by Defendant The Guardian Life Insurance Company of America. (Bernacchi, Michael) (Entered: 02/27/2017)
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Legal Document (Payment Possibly Required) 1 Filed: 2/27/2017, Entered: 2/27/2017
NOTICE OF REMOVAL from Los Angeles County Superior Court, case number BC616324 Receipt No: 0973-19426547 - Fee: $400, filed by Defendant The Guardian Life Insurance Company of America. (Attachments: # 1 Exhibits 1-3, # 2 Proof of Service) (Attorney Michael B Bernacchi added to party The Guardian Life Insurance Company of America(pty:dft))(Bernacchi, Michael) (Entered: 02/27/2017)
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