American General Life Insurance Company v. Jerry Kaminski et al

California Central District Court
Judge:Michael W Fitzgerald
Referred: Alexander F Mackinnon
Case #: 2:22-cv-02164
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Insurance Contract
Case Filed:Apr 01, 2022
Terminated:Sep 30, 2022
Last checked: Thursday Sep 29, 2022 7:39 AM PDT
Defendant
C.Y.
Represented By
Wendy Ellen Hartmann
Law Offices Of Wendy E. Hartmann
contact info
Defendant
Jerry Kaminski
Represented By
Vahe V Khojayan
Yk Law LLP
contact info
Joseph S Fogel
Adept Law Firm
contact info
Defendant
S.Y.
Represented By
Wendy Ellen Hartmann
Law Offices Of Wendy E. Hartmann
contact info
Defendant
Erick Yepes
Represented By
Kevin L Smith
Kevin Smith Law Group
contact info
Plaintiff
American General Life Insurance Company
Represented By
Randi Perry Spallina
Bressler Amery And Ross P.C.
contact info


Docket last updated: 4 hours ago
Thursday, October 27, 2022
43 43 attyseal Sealed Document Thu 10/27 8:49 AM
SEALED DOCUMENT Joint Statement re Minutes of In Chambers Order/Directive - no proceeding held,42 filed by Plaintiff American General Life Insurance Company.(Spallina, Randi)
Related: [-]
Thursday, October 20, 2022
42 42 order Minutes of In Chambers Order/Directive - no proceeding held Thu 10/20 12:03 PM
MINUTE (IN CHAMBERS) ORDER REGARDING DISBURSEMENT INSTRUCTIONS by Judge Michael W. Fitzgerald. The Court FURTHER ORDERS the parties to file the Joint Statement UNDER SEAL because it must contain the full names of the minor children. The Joint Statement shall be filed no later than OCTOBER 27, 2022. (iv)
Related: [-]
Friday, September 30, 2022
41 41 order Dismissing Case ~Util - Terminate Deadlines and Hearings Fri 09/30 11:48 AM
FINAL ORDER OF DISCHARGE, DISBURSEMENT, AND DISMISSAL WITH PREJUDICE40 by Judge Michael W. Fitzgerald. The Clerk of Court is hereby directed to disburse $7,500 from the amount on deposit for this case in the DOF of the CRIS to Bressler, Amery & Ross, P.C., as Attorneys for American General Life Insurance Company. This is a FINAL JUDGMENT and fully resolves all claims and issues in this action. This action is hereby DISMISSED WITH PREJUDICE. Case Terminated. Made JS-6. (iv)
Related: [-]
40 40 motion Interpleader Disbursement (28 U.S.C. Section 1335) Fri 09/30 10:27 AM
Joint MOTION for Interpleader Disbursement (28 U.S.C. Section 1335) , Discharge, and Dismissal with Prejudice filed by Plaintiff American General Life Insurance Company. Motion set for hearing on 10/31/2022 at 10:00 AM before Judge Michael W. Fitzgerald. (Spallina, Randi)
Related: [-]
Att: 1 Proposed Order
Friday, August 26, 2022
39 39 order Pretrial-Trial Scheduling Order - form only Fri 08/26 5:04 PM
ORDER RE JURY TRIAL by Judge Michael W. Fitzgerald. Last Day to Add Parties/Amend Pleadings 1/23/2023. Non-expert Discovery Cut-off 5/12/2023. Last Day to Hear Motions 6/12/2023. File Memorandum of Contentions of Fact and Law, Exhibit and Witness Lists, Status Report regarding settlement, and all Motions in Limine 7/31/2023. Final Pretrial Conference and Hearing on Motions in Limine set for 8/21/2023 at 11:00 AM. Trial Date (Est. 3 Days) set for 9/12/2023 at 8:30 AM. (See Order for further specifics). (jp)
Related: [-]
38 38 order Order/Referral to ADR (No 2) (Mediation Panel) (ADR-12) Fri 08/26 2:10 PM
ORDER/REFERRAL to ADR Procedure No 2 by Judge Michael W. Fitzgerald. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 6/23/2023. (iv)
Related: [-]
Friday, August 12, 2022
37 37 misc Status Report Fri 08/12 5:33 PM
STATUS REPORT Joint filed by Defendant Jerry Kaminski.(Khojayan, Vahe)
Related: [-]
Att: 1 Schedule of Pretrial Dates Worksheet
Wednesday, July 27, 2022
textonly Text Only Scheduling Notice Wed 07/27 9:55 AM
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. On 6/29/2022, the Court issued an Order Setting Scheduling Conference21 (the "Order"). Pursuant to that Order, the parties' Joint Rule 26(f) Report (the "Report") was due on or before 7/18/2022, and the Scheduling Conference was set for 8/1/2022 at 11:00 a.m. The required Report has not been filed. The Court VACATES the Scheduling Conference and no appearances shall be made on 8/1/2022. The Court ORDERS the parties to comply with the requirements of the Order, and FURTHER ORDERS Plaintiff to file the required Joint Report -- including a completed worksheet (Exhibit A to the Order) with agreed-upon dates -- no later than 8/12/2022. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom)
Related: [-]
Monday, July 25, 2022
35 35 order Appoint Guardian ad Litem Mon 07/25 3:09 PM
ORDER GRANTING AMERICAN GENERAL LIFE INSURANCE COMPANY'S MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM FOR MINOR DEFENDANTS S.Y. AND C.Y.22 by Judge Michael W. Fitzgerald. Wendy E. Hartmann is hereby appointed as Guardian ad Litem to represent the interests of minor defendants S.Y. and C.Y. (iv)
Related: [-]
Thursday, July 21, 2022
34 34 notice Notice of Lien Thu 07/21 12:19 PM
NOTICE OF LIEN filed by Defendant-in-Interpleader Jerry Kaminski. (Fogel, Joseph)
Related: [-]
Wednesday, July 20, 2022
33 33 respm Non-Opposition to Motion Wed 07/20 9:27 PM
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Appointment of Wendy Hartman as Guardian ad Litem for Defendants S.Y. and C.Y.22 filed by Defendant Jerry Kaminski. (Khojayan, Vahe)
Related: [-]
Wednesday, July 13, 2022
31 31 order Substitute Attorney Wed 07/13 10:54 AM
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY30 by Judge Michael W. Fitzgerald. The request of Jerry Kaminski to substitute Vahe Khojayan as attorney record instead of Joseph Fogel is GRANTED. (iv)
Related: [-]
textonly Text Only Scheduling Notice Wed 07/13 11:04 AM
ORDER by Judge Michael W. Fitzgerald. On 7/6/2022 the Court filed an Order 24 regarding Plaintiff's Motion for Appointment of Guardian Ad Litem for Minor Defendants S.Y. and C.Y. 22 (the "Motion"), filed 7/5/2022. The hearing on the Motion was vacated. In response to the 7/6/2022 Order, Plaintiff lodged a proposed Order26 on 7/12/2022. In light of Defendant Kaminski's substitution of attorney, approved by Order31 on 7/13/2022, the Court EXTENDS the deadline for Defendant Kaminski to file opposition or notice of non-opposition to Plaintiff's Motion to 7/20/2022. Upon filing of the documents required herein, the matter will be taken under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom)
Related: [-]
Tuesday, July 12, 2022
30 30 motion Substitute Attorney (G-01) Tue 07/12 4:52 PM
REQUEST TO SUBSTITUTE ATTORNEY Vahe Khojayan in place of attorney Joseph Fogel filed by Defendant Jerry Kaminski. (Khojayan, Vahe)
Related: [-]
Att: 1 Proposed Order
29 29 order Striking Electronically Filed Documents (G-106) Tue 07/12 3:58 PM
ORDER by Judge Michael W. Fitzgerald: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Req. for Approval of Substitution of Attorney25 , for the following reasons: Incorrect event selected. Proposed Document was not submitted as separate attachment. (iv)
Related: [-]
28 28 notice Notice of Lodging Tue 07/12 3:24 PM
NOTICE OF LODGING filed or Proposed Order on Request for A Substitution or Withdrawal of Attorney re Notice (Other)25(Khojayan, Vahe)
Related: [-]
Att: 1 Proposed Order
27 27 notice Deficiency in Electronically Filed Documents (G-112A) - optional html form Tue 07/12 1:30 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request for Substituion25 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - Motions and Related Filings - Applications/Ex Parte Applications/Motions/Petitions/Requests - Substitute Attorney (G-01). Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. Pursuant to Local Rule 5-4.4.1- Proposed orders not lodged with a main document shall be electronically lodged as an attachment to a Notice of Lodging. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv)
Related: [-]
26 26 notice Notice of Lodging Tue 07/12 12:15 PM
NOTICE OF LODGING filed by Plaintiff American General Life Insurance Company re Text Only Scheduling Notice,,,, 24(Spallina, Randi)
Related: [-]
Att: 1 Proposed Order
Monday, July 11, 2022
25 25 notice Notice (Other) Mon 07/11 8:12 PM
Notice Request for Approval of Substitution of Counsel filed by Defendant Jerry Kaminski. (Khojayan, Vahe)
Related: [-]
Wednesday, July 06, 2022
23 23 notice Deficiency in Electronically Filed Documents (G-112A) - optional html form Wed 07/06 11:06 AM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Appointment22 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. Pursuant to Local Rule 5-4.4.1- Proposed orders not lodged with a main document shall be electronically lodged as an attachment to a Notice of Lodging. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv)
Related: [-]
textonly Text Only Scheduling Notice Wed 07/06 12:47 PM
ORDER by Judge Michael W. Fitzgerald. The Court is in receipt of Plaintiff's Motion for Appointment of Guardian Ad Litem for Minor Defendants S.Y. and C.Y.22 (the "Motion"), filed 7/5/2022. The Motion's notice of hearing, 8/1/2022, is insufficient pursuant to the Local Rules. However, the Court accepts the Motion as filed and VACATES the 8/1/2022 hearing date. The Court acknowledges that Defendant Erick Yepes does not oppose the Motion. Defendant Jerry Kaminski is ORDERED to file opposition or notice of non-opposition to the Motion no later than 7/12/2022. Plaintiff is ORDERED to lodge a proposed Order that includes all contact information for the proposed Guardian Ad Litem, Wendy Hartman, no later than 7/12/2022. The proposed Order shall comply with the requirements of Local Rules 5-4.4, 7-20 and 52-4.1. Upon filing of the documents required herein, the matter will be taken under submission. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom)
Related: [-]
Tuesday, July 05, 2022
22 22 motion Appoint Guardian ad Litem Tue 07/05 2:46 PM
NOTICE OF MOTION AND MOTION for Appointment of Wendy Hartman as Guardian ad Litem for Defendants S.Y. and C.Y. filed by Plaintiff American General Life Insurance Company. Motion set for hearing on 8/1/2022 at 10:00 AM before Judge Michael W. Fitzgerald. (Spallina, Randi)
Related: [-]
Wednesday, June 29, 2022
21 21 order Initial Order Setting R26 Scheduling Conference - form only Wed 06/29 1:09 PM
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Michael W. Fitzgerald. This matter is set for a scheduling conference on 8/1/2022 at 11:00 AM. (iv)
Related: [-]
Wednesday, June 08, 2022
20 20 order Interpleader Deposit (28 U.S.C. Section 1335) Wed 06/08 1:13 PM
ORDER GRANTING PLAINTIFF'S MOTION TO DEPOSIT INTERPLEADER FUNDS8 by Judge Michael W. Fitzgerald. American General is authorized to deposit the sum of $525,000, plus accrued interest, with the Clerk of the United States District Court. (iv)
Related: [-]
Monday, June 06, 2022
19 19 notice Notice of Reassignment (CV-87) of Magistrate Judge Direct Assignment Program Tue 06/07 8:35 AM
NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Patricia Donahue to Judge Michael W. Fitzgerald for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Alexander F. MacKinnon. The case number will now reflect the initials of the transferee Judges 2:22-cv-02164 MWF(AFMx). (rn)
Related: [-]
Tuesday, May 24, 2022
18 18 order Substitution of Attorney -- GRANTED Tue 05/24 3:53 PM
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Magistrate Judge Patricia Donahue, Granting Defendant Jerry Kaminski Request to Substitute Attorney Joseph S. Fogel as attorney of record instead of Vahe V. Khojayan.17 Request for Approval of Substitution of Counsel. (es)
Related: [-]
Friday, May 20, 2022
17 17 notice Notice (Other) Fri 05/20 11:59 AM
NOTICE Request for Approval of Substitution of Counsel filed by Defendant-in-Interpleader Jerry Kaminski. (Fogel, Joseph)
Related: [-]
Wednesday, May 04, 2022
16 16 order Minutes of In Chambers Order/Directive - no proceeding held ~Util - Terminate Hearings Wed 05/04 1:16 PM
MINUTE ORDER (In Chambers) Order Vacating Hearing on Plaintiff's Motion to Deposit Interpleader Funds [Dkt. No. 8] by Magistrate Judge Patricia Donahue: The Court will take the motion under submission. re: MOTION for Interpleader Deposit (28 U.S.C. Section 1335) 8 . (See Order for details.) (es)
Related: [-]
Monday, May 02, 2022
15 15 notice Notice of Appearance or Withdrawal of Counsel (G-123) Mon 05/02 1:18 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Joseph S Fogel counsel for Defendant Jerry Kaminski. Adding Joseph S. Fogel as counsel of record for Defendant-in-Interpleader JERRY KAMINSKI for the reason indicated in the G-123 Notice. Filed by Defendant-in-Interpleader JERRY KAMINSKI. (Attorney Joseph S Fogel added to party Jerry Kaminski(pty:dft))(Fogel, Joseph)
Related: [-]
14 14 misc Notice to Counsel (CV-14) Reminder re MJ Civil Consent Pilot Project-optional html form Mon 05/02 12:34 PM
REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (es)
Related: [-]
Wednesday, April 27, 2022
13 13 notice Deficiency in Electronically Filed Documents (G-112A) - optional html form Wed 04/27 10:59 AM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening)10 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (es)
Related: [-]
Tuesday, April 26, 2022
12 12 notice Certificate/Notice of Interested Parties Tue 04/26 1:56 PM
NOTICE of Interested Parties filed by Defendant Jerry Kaminski, (Khojayan, Vahe)
Related: [-]
11 11 answer Answer to Complaint (Attorney Civil Case Opening) Tue 04/26 1:55 PM
ANSWER to Complaint (Attorney Civil Case Opening),1 filed by Defendant Jerry Kaminski.(Attorney Vahe V Khojayan added to party Jerry Kaminski(pty:dft))(Khojayan, Vahe)
Related: [-]
Monday, April 25, 2022
10 10 answer Answer to Complaint (Attorney Civil Case Opening) Mon 04/25 5:47 PM
ANSWER to Complaint (Attorney Civil Case Opening),1 filed by Defendant Erick Yepes.(Attorney Kevin L Smith added to party Erick Yepes(pty:dft))(Smith, Kevin)
Related: [-]
Thursday, April 21, 2022
9 9 service Service of Summons and Complaint Returned Executed (21 days) Thu 04/21 2:11 PM
PROOF OF SERVICE Executed by Plaintiff American General Life Insurance Company, upon Defendant Jerry Kaminski served on 4/15/2022, answer due 5/6/2022. Service of the Summons and Complaint were executed upon Jerry Kaminski in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Spallina, Randi)
Related: [-]
Monday, April 18, 2022
8 8 motion Interpleader Deposit (28 U.S.C. Section 1335) Mon 04/18 11:20 AM
MOTION for Interpleader Deposit (28 U.S.C. Section 1335) filed by Plaintiff American General Life Insurance Company. Motion set for hearing on 5/24/2022 at 10:00 AM before Magistrate Judge Patricia Donahue. (Spallina, Randi)
Related: [-]
Att: 1 Proposed Order
Monday, April 11, 2022
7 7 service Summons Issued Mon 04/11 10:57 AM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),1 as to Defendant Jerry Kaminski. (es)
Related: [-]
Friday, April 08, 2022
6 6 notice Summons Request Fri 04/08 12:14 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),1 filed by Plaintiff American General Life Insurance Company. (Spallina, Randi)
Related: [-]
Friday, April 01, 2022
5 5 misc Notice to Counsel (CV-20a) Magistrate Judge Direct Assignment Program - optional html form Fri 04/01 4:37 PM
NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Patricia Donahue. (rolm)
Related: [-]
Att: 1 CV-11C
4 4 misc Corporate Disclosure Statement Fri 04/01 10:51 AM
CORPORATE DISCLOSURE STATEMENT filed by Plaintiff American General Life Insurance Company identifying AGC Life Insurance Company, AIG Life Holdings, Inc., SAFG Retirement Services, Inc., American International Group, Inc. (AIG) as Corporate Parent. (Spallina, Randi)
Related: [-]
3 3 notice Certificate/Notice of Interested Parties Fri 04/01 10:50 AM
NOTICE of Interested Parties filed by Plaintiff American General Life Insurance Company, identifying AGC Life Insurance Company, AIG Life Holdings, Inc., SAFG Retirement Services, Inc., American International Group, Inc. (AIG). (Spallina, Randi)
Related: [-]
2 2 misc Civil Cover Sheet (CV-71) Fri 04/01 10:46 AM
CIVIL COVER SHEET filed by Plaintiff American General Life Insurance Company. (Spallina, Randi)
Related: [-]
1 1 7 pgs cmp Complaint (Attorney Civil Case Opening) Fri 04/01 10:44 AM
COMPLAINT Receipt No: ACACDC-33053200 - Fee: $402, filed by Plaintiff American General Life Insurance Company. (Attorney Randi Perry Spallina added to party American General Life Insurance Company(pty:pla))(Spallina, Randi)
Related: [-]
Att: 1 Exhibit A - Application,
Att: 2 Exhibit B - Specimen Policy,
Att: 3 Exhibit C - Oct. 29, 2021 Letter,
Att: 4 Exhibit D - Claimant's Statement