14-56294 Docket

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General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 14-56294
Nature of Suit: 4110 Insurance
Pestmaster Services, Inc. v. Travelers Casualty and Surety
Appeal From: U.S. District Court for Central California, Los Angeles
Fee Status: Paid

Docketed: 08/12/2014
Termed: 07/29/2016

Case Type Information:

1) civil
2) private
3) null
Originating Court Information:
District: 0973-2 : 2:13-cv-05039-JFW-MRW
Court Reporter: Hilda Avila, Court Reporter Supervisor
Trial Judge: John F. Walter, District Judge
Date Filed: 07/15/2013
Date Order/Judgment:
Date Order/Judgment EOD:
07/17/2014
07/17/2014

Date NOA Filed:

08/11/2014

Date Rec'd COA:

08/11/2014

Prior Cases:
None
Current Cases:
None

PESTMASTER SERVICES, INC., a California corporation

Plaintiff - Appellant,

Ian Corzine, Esquire, Partner

Direct: 805-388-5887
[COR LD NTC Retained]
WEST & MIYAMOTO
Suite 203
Firm: 805/388-5887
5151 Verdugo Way
Camarillo, CA 93012

v.
TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, a Connecticut corporation
Defendant - Appellee,

Kenneth Watnick, Attorney

Direct: 213-236-1627
[COR LD NTC Retained]
Anderson, McPharlin & Conners LLP
31st Floor
707 Wilshire Boulevard
Suite 4000
Los Angeles, CA 90017-3623
Gary John Valeriano
Direct: 213-680-0080
[COR NTC Retained]
Anderson, McPharlin & Conners LLP
707 Wilshire Boulevard
Suite 4000
Los Angeles, CA 90017-3623

-----------------------------SURETY & FIDELITY ASSOCIATION OF AMERICA

Amicus Curiae - Pending,

Edward Graham Gallagher

Direct: 202-778-3622
[COR LD NTC Retained]
The Surety & Fidelity Association of America
Suite 800
1101 Connecticut Avenue, N.W.
Washington, DC 20036

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PESTMASTER SERVICES, INC., a California corporation,

Plaintiff - Appellant,
v.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation,
Defendant - Appellee.

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08/12/2014

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16 pg, 609.16 KB

08/12/2014

2
2 pg, 59.62 KB

08/12/2014

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2 pg, 404.96 KB

08/12/2014
08/18/2014

Filed (ECF) Appellant Pestmaster Services, Inc. Mediation Questionnaire. Date of service: 08/18/2014.
[9208680] (Corzine, Ian) [Entered: 08/18/2014 02:29 PM]

6
7

8
1858 pg, 72.82 MB

01/23/2015

Filed (ECF) notice of appearance of Gary J. Valeriano for Appellee Travelers Casualty and Surety
Company of America. Date of service: 08/12/2014. [9202135] (Valeriano, Gary) [Entered: 08/12/2014
12:00 PM]

1 pg, 34.01 KB

01/20/2015

Filed representation notice of Ian Corzine for Appellant. Served on 08/11/2014. [9201552] (BG) [Entered:
08/12/2014 08:52 AM]

Added attorney Gary John Valeriano for Travelers Casualty and Surety Company of America, in case 1456294. [9202264] (MT) [Entered: 08/12/2014 01:09 PM]

3 pg, 22.17 KB

09/22/2014

DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is
set as follows: Mediation Questionnaire due on 08/19/2014. Transcript ordered by 09/10/2014. Transcript
due 12/09/2014. Appellant Pestmaster Services, Inc. opening brief due 01/20/2015. Appellee Travelers
Casualty and Surety Company of America answering brief due 02/19/2015. Appellant's optional reply brief
is due 14 days after service of the answering brief. [9201548] (BG) [Entered: 08/12/2014 08:50 AM]

3 pg, 90.04 KB

08/18/2014

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2 pg, 186.97 KB

Filed (ECF) Appellee Travelers Casualty and Surety Company of America Mediation Questionnaire. Date
of service: 08/18/2014. [9209279] (Watnick, Kenneth) [Entered: 08/18/2014 05:31 PM]
Filed order MEDIATION (COL): This case is NOT SELECTED for inclusion in the Circuit Mediation
Program. Counsel may contact Lisa Jaye, Circuit Mediator, at (415) 355-7910
or Lisa
_Jaye@ca9.uscourts.gov to discuss services available through the courts mediation program, to request
a settlement assessment conference, or to request a stay of the appeal for settlement purposes. Also,
upon agreement of the parties, the briefing schedule can be modified or vacated to facilitate settlement
discussions. Counsel are requested to send copies of this order to their clients. Information regarding the
mediation program may be found at www.ca9.uscourts.gov/mediation. [9249128] (SM) [Entered:
09/22/2014 04:13 PM]
Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellant Pestmaster
Services, Inc.. Date of service: 01/20/2015. [9388808] [14-56294] --[COURT UPDATE: Attached excerpts
of record Vol 10. 01/23/2015 by TL] (Corzine, Ian) [Entered: 01/20/2015 04:28 PM]
Filed clerk order: The opening brief [8] submitted by Pestmaster Services, Inc. is filed. Within 7 days of the
filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification,
attached to the end of each copy of the brief, that the brief is identical to the version submitted
electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief
created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed
the excerpts of record [8] submitted by Pestmaster Services, Inc.. Within 7 days of this order, filer is
ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in
the format described in 9th Circuit Rule 30-1.6. [9393813] (GV) [Entered: 01/23/2015 12:27 PM]

01/30/2015

10

Received 7 paper copies of Opening brief [8] filed by Pestmaster Services, Inc.. [9403522] (SD) [Entered:
01/30/2015 03:39 PM]

01/30/2015

11

Filed Appellant Pestmaster Services, Inc. paper copies of excerpts of record [8] in 10 volume(s).
[9407570] (GV) [Entered: 02/03/2015 03:09 PM]

02/12/2015

12

Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Travelers
Casualty and Surety Company of America. New requested due date is 03/20/2015. [9420009] [14-56294]
(Watnick, Kenneth) [Entered: 02/12/2015 03:22 PM]

02/13/2015

13

Streamlined request [12] by Appellee Travelers Casualty and Surety Company of America to
extend time to file the brief is approved. Amended briefing schedule: Appellee Travelers Casualty
and Surety Company of America answering brief due 03/20/2015. The optional reply brief is due 14
days from the date of service of the answering brief. [9421253] (LBS) [Entered: 02/13/2015 12:28 PM]

14

Filed (ECF) The Surety & Fidelity Association of America Motion to become amicus curiae. Date of
service: 03/20/2015. [9465337] [14-56294] --[COURT UPDATE: Removed brief (refiled in entry [19]).
03/20/2015 by TL] (Gallagher, Edward) [Entered: 03/20/2015 10:40 AM]

03/20/2015

5 pg, 90.75 KB

03/20/2015

15
76 pg, 450.12 KB

03/20/2015
03/20/2015

Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellee
Travelers Casualty and Surety Company of America. Date of service: 03/20/2015. [9466121] [14-56294]
(Valeriano, Gary) [Entered: 03/20/2015 02:42 PM]

16

Entered appearance of Amicus Curiae - Pending Surety & Fidelity Association of America. [9466381] (AF)
[Entered: 03/20/2015 03:52 PM]

17

Filed clerk order (Deputy Clerk: TAH): The court is in receipt of the motion of the Surety & Fidelity
Association of America (SFAA) for leave to file an amicus curiae brief. The motion and any future related
filings shall be referred for disposition to the panel that considers the merits of the case. Within 7 days of
this order, the moving party shall submit 7 copies of the proposed amicus brief in paper format,
accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the
version submitted electronically. A sample certificate is available on the Court's website,

2 pg, 34.44 KB

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www.ca9.uscourts.gov, at the Electronic Filing - ECF link. The paper copies shall be printed from the PDF
version of the brief created from the word processing application, not from PACER or Appellate ECF. The
copies of the proposed brief shall be provided to the panel to aid resolution of the motion. [9466399] (SM)
[Entered: 03/20/2015 03:57 PM]
03/20/2015

18
2 pg, 186.95 KB

03/20/2015

19
18 pg, 288.82 KB

Filed clerk order: The answering brief [15] submitted by Travelers Casualty and Surety Company of
America is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper
format, accompanied by certification, attached to the end of each copy of the brief, that the brief is
identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from
the PDF version of the brief created from the word processing application, not from PACER or Appellate
ECF. The Court has reviewed the supplemental excerpts of record [15] submitted by Travelers Casualty
and Surety Company of America. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts
in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule
30-1.6. [9466528] (GV) [Entered: 03/20/2015 04:36 PM]
Submitted (ECF) Amicus Brief for review. Submitted by Amicus Curiae - Pending Surety & Fidelity
Association of America. Date of service: 03/20/2015. [9466561] --[COURT ENTERED FILING to correct
entry [14] .] (TYL) [Entered: 03/20/2015 04:48 PM]

03/24/2015

20

Filed Appellee Travelers Casualty and Surety Company of America paper copies of supplemental
excerpts of record [15] in 1 volume. [9469997] (GV) [Entered: 03/24/2015 02:31 PM]

03/24/2015

21

Received 7 paper copies of Answering brief [15] filed by Travelers Casualty and Surety Company of
America. [9470265] (SD) [Entered: 03/24/2015 03:18 PM]

03/27/2015

22

Received 7 paper copies of Amicus brief [19] filed by Surety & Fidelity Association of America. [9474988]
(SD) [Entered: 03/27/2015 01:36 PM]

23

Filed (ECF) Appellant Pestmaster Services, Inc. response opposing motion (motion to become amicus).
Date of service: 03/30/2015. [9476772] [14-56294] (Corzine, Ian) [Entered: 03/30/2015 12:57 PM]

03/30/2015

7 pg, 121.5 KB

04/03/2015

24
23 pg, 742.77 KB

04/06/2015

25
2 pg, 186.5 KB

Submitted (ECF) Reply Brief for review. Submitted by Appellant Pestmaster Services, Inc.. Date of
service: 04/03/2015. [9483793] [14-56294] --[COURT UPDATE: Attached corrected brief. 04/06/2015 by
TL] (Corzine, Ian) [Entered: 04/03/2015 03:26 PM]
Filed clerk order: The reply brief [24] submitted by Pestmaster Services, Inc. is filed. Within 7 days of the
filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification,
attached to the end of each copy of the brief, that the brief is identical to the version submitted
electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief
created from the word processing application, not from PACER or Appellate ECF. [9485609] (GV)
[Entered: 04/06/2015 04:14 PM]

04/10/2015

26

Received 7 paper copies of Reply brief [24] filed by Pestmaster Services, Inc.. [9491551] (SD) [Entered:
04/10/2015 01:40 PM]

02/25/2016

27

This case is being considered for the June 2016 Pasadena oral argument calendar. The exact date of
your oral argument has not been determined at this time.
The following is a link to the upcoming court sessions:
http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2016.pdf.
Please review these upcoming dates immediately to determine if you have any conflicts with them. If you
do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using
CM/ECF (Type of Document: File Correspondence to Court; Subject: regarding availability for oral
argument).
The Court discourages motions to continue after this 3-day period.
The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot
guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10
weeks before the scheduled oral argument date.
Note that your case will be set for hearing in due course if it is not assigned to this calendar.
In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly
request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All
such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF
(Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is
calendared, it is unlikely that the court will postpone argument for settlement discussions.[9878275] (AW)
[Entered: 02/25/2016 10:50 AM]

28

Filed (ECF) Appellant Pestmaster Services, Inc. Correspondence: Availability for oral argument. Date of
service: 02/26/2016 [9881039] [14-56294] (Corzine, Ian) [Entered: 02/26/2016 03:48 PM]

02/26/2016

1 pg, 439.45 KB

03/24/2016

29

This case is being considered for the July 2016 Pasadena oral argument calendar. The exact date of your
oral argument has not been determined at this time.
The following is a link to the upcoming court sessions:
http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2016.pdf.
Please review these upcoming dates immediately to determine if you have any conflicts with them. If you
do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using
CM/ECF (Type of Document: File Correspondence to Court; Subject: regarding availability for oral
argument).

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The Court discourages motions to continue after this 3-day period.

The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot
guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10
weeks before the scheduled oral argument date.
Note that your case will be set for hearing in due course if it is not assigned to this calendar.
In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly
request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All
such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF
(Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is
calendared, it is unlikely that the court will postpone argument for settlement discussions.[9914164] (AW)
[Entered: 03/24/2016 12:04 PM]
04/26/2016

30

Notice of Oral Argument on Friday, July 8, 2016 - 09:00 A.M. - Courtroom 3 - Pasadena CA.
View the Oral Argument Calendar for your case here.
Be sure to review the GUIDELINES for important information about your hearing, including when to arrive
(30 minutes before the hearing time) and when and how to submit additional citations (filing electronically
as far in advance of the hearing as possible).
When you have reviewed the calendar, download the ACKNOWLEDGMENT OF HEARING NOTICE form,
complete the form, and file it via Appellate ECF or return the completed form to: PASADENA Office.
[9954074] (DJW) [Entered: 04/26/2016 03:15 PM]

04/27/2016

31
2 pg, 404.32 KB

04/29/2016

32
1 pg, 74.85 KB

06/02/2016

33

Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Gary John
Valeriano for Appellee Travelers Casualty and Surety Company of America. [9955065] [14-56294]
(Valeriano, Gary) [Entered: 04/27/2016 11:44 AM]
Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Ian Corzine,
Esquire for Appellant Pestmaster Services, Inc.. [9958022] [14-56294] (Corzine, Ian) [Entered: 04/29/2016
09:33 AM]
REVISED Notice of Oral Argument on Friday, July 8, 2016 - 09:30 A.M. - Courtroom 3 - Pasadena CA. **
Note change to start time **
View the Oral Argument Calendar for your case here.
Be sure to review the GUIDELINES for important information about your hearing, including when to arrive
(30 minutes before the hearing time) and when and how to submit additional citations (filing electronically
as far in advance of the hearing as possible).
When you have reviewed the calendar, download the ACKNOWLEDGMENT OF HEARING NOTICE form,
complete the form, and file it via Appellate ECF or return the completed form to: PASADENA Office.
[9999911] (AKM) [Entered: 06/02/2016 11:17 AM]

06/02/2016

34
1 pg, 63.31 KB

06/02/2016

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1 pg, 655.48 KB

07/08/2016
07/29/2016

Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Gary John
Valeriano for Appellee Travelers Casualty and Surety Company of America. [10000607] [14-56294]
(Valeriano, Gary) [Entered: 06/02/2016 03:00 PM]
Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Ian Corzine,
Esquire for Appellant Pestmaster Services, Inc.. [10000658] [14-56294] (Corzine, Ian) [Entered:
06/02/2016 03:19 PM]

36

ARGUED AND SUBMITTED TO THOMAS I. VANASKIE, MARY H. MURGUIA and PAUL J. WATFORD.
[10043856] (DLM) [Entered: 07/08/2016 01:01 PM]

37

FILED MEMORANDUM DISPOSITION (THOMAS I. VANASKIE, MARY H. MURGUIA and PAUL J.

WATFORD) AFFIRMED IN PART; VACATED IN PART; REMANDED. Each party shall bear its own costs
on appeal. FILED AND ENTERED JUDGMENT. [10068700] (PH) [Entered: 07/29/2016 12:24 PM]

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