Worthen v. Galveston Insurance Associates et al
Tom Worthen |
Fidelity National Property and Casualty Insurance Company and Galveston Insurance Associates |
3:2009cv00236 |
October 5, 2009 |
US District Court for the Southern District of Texas |
Galveston Office |
Galveston |
John R Froeschner |
Kenneth M Hoyt |
Insurance |
42 U.S.C. § 4072 |
Plaintiff |
Docket Report
This docket was last retrieved on April 10, 2012. A more recent docket listing may be available from PACER.
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Filing 68 Order of USCA; judgment issued as mandate 3/28/2012 re: #61 Notice of Appeal, ; USCA No. 11-40305. Judgment of the District Court is reversed, filed. (Attachments: #1 Cover Letter)(mlothmann) (Additional attachment(s) added on 4/10/2012: #2 Per Curiam) (mlothmann, ). |
Filing 67 DOCKETED IN ERROR. ORDER PREVIOUSLY ENTERED AS DOCUMENT NO. 37. ORDER OF DISMISSAL granting #33 Stipulation of Dismissal as to Galveston Insurance Associates.(Signed by Judge Kenneth M. Hoyt) Parties notified.(ccarnew, ) Modified on 8/22/2011 (ccarnew, ). |
Filing 66 NOTICE of Receipt of Record on Appeal from US Court of Appeals for the Fifth Circuit re: #61 Notice of Appeal, (USCA No. 11-40305). Record received by USCA on 04/05/2011, filed.(kgilyard, ) |
Filing 65 Transmittal Letter on Appeal Certified re: #61 Notice of Appeal,. A paper copy of the electronic record is being transmitted to the Fifth Circuit Court of Appeals in 6 volumes volumes. CDs containing the electronic record are being sent to appellant. (USCA No. 11-40305), filed.(lusmith, ) |
Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #61 Notice of Appeal, USCA No. 11-40305, filed.(lusmith, ) |
Filing 64 DKT-13 TRANSCRIPT ORDER FORM by Kim Tran Britt. No hearings.. This order form relates to the following: #61 Notice of Appeal,, filed.(ltrevino, ) |
Filing 63 Notice of Assignment of USCA No. 11-40305 re: #61 Notice of Appeal,, filed.(bdaniel, ) |
Filing 62 Notice of the Filing of an Appeal. DKT13 transcript order form was mailed to appellant (one copies). Fee status: Paid. The following Notice of Appeal and related motions are pending in the District Court: #61 Notice of Appeal,, filed. (Attachments: #1 Memorandum & Order, #2 Amended Memo & Order, #3 Order re MSJ, #(4) Final Judgment)(lusmith, ) (Additional attachment(s) added on 3/16/2011: #5 Docket sheet) (lusmith, ). |
Filing 61 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #44 Memorandum and Order, #43 Memorandum and Order, #60 Final Judgment, #52 Order on Motion for Summary Judgment by Fidelity National Property and Casualty Insurance Company (Filing fee $ 455, receipt number 0541-7804797), filed.(Benavides, Michelle) |
Filing 60 FINAL JUDGMENT in favor of Plaintiff Tom Worthen. Case terminated on 3/1/2011.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dwilkerson, ) |
Filing 59 PROPOSED ORDER, filed.(Benavides, Michelle) |
Filing 58 Proposed Findings of Fact/Conclusions of Law by Fidelity National Property and Casualty Insurance Company, filed.(Benavides, Michelle) |
Filing 57 ORDER that upon request of the Parties for an extension it is ORDERED that they SHALL file Findings of Fact and Conclusions of Law and a Proposed Final Judgment by 2/18/2011.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, ) |
Filing 56 ORDER that the Parties SHALL file Findings of Fact and Conclusions of Law and a proposed Final Judgment......Notice of Compliance by 1/28/2011.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, ) |
Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 1/12/2011. Appearances: Douglas D D'Arche, Robert J Naudin., filed...... Parties to submit FOF/COL & Proposed FJ by 1/28/11. Order to follow(sanderson, ) |
***Set/Reset Hearings: Telephone Status Conference set for 1/12/2011 at 10:00 AM before Magistrate Judge John R Froeschner...(All parties notified via e-mail) (sanderson, ) |
Filing 55 STIPULATION re: Damages by Fidelity National Property and Casualty Insurance Company, filed.(Benavides, Michelle) |
Filing 54 ORDER that the Parties' e-mail request for an extension of time to file their "Stipulation of Damages" as previously ordered is GRANTED. It is further ORDERED that the Stipulation of Damages SHALL be filed by 1/7/2011.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, ) |
Filing 53 ORDER that upon the joint request of the Parties it is ORDERED that the deadline for filig the Stipulation of Damages is EXTENDED to 12/1/10; Miscellaneous Review (Internal Use Only) due by 12/1/2010.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, ) |
Filing 52 ORDER denying #18 Motion for Summary Judgment.(Signed by Judge Kenneth M. Hoyt) Parties notified.(lusmith, ) |
Filing 51 Letter from Douglas D'Arche re: issuance of order on pending motion for summary judgment, filed. (dwilkerson, ) |
Filing 50 ORDER granting #45 Motion to Withdraw; withdrawing #22 MOTION for Leave to File First Amended Complaint ; granting #46 Motion to Withdraw; withdrawing #24 MOTION to Remand ; denying as moot #34 Motion for Leave to File Amended Notice of Removal; denying as moot #35 Motion to Expedite Consideration of its Opposed Motion for Leave to Fiel Amended Notice of Removal.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, ) |
Minute Entry for proceedings held before Judge Kenneth M. Hoyt. DOCKET CALL held on 9/20/2010. Stipulation due by 11/1/2010 Appearances: Douglas D D'Arche, Kim Tran Britt, Robert J Naudin.(Court Reporter: Gayle Dye), filed.(lusmith, ) |
Filing 49 Proposed Conclusions of Law by Fidelity National Property and Casualty Insurance Company, filed.(Benavides, Michelle) |
Filing 48 Proposed Findings of Fact by Fidelity National Property and Casualty Insurance Company, filed.(Benavides, Michelle) |
Filing 47 Joint Proposed Pretrial Order by Fidelity National Property and Casualty Insurance Company, filed.(Benavides, Michelle) |
Filing 46 MOTION to Withdraw #24 MOTION to Remand Motions referred to John R Froeschner. by Tom Worthen, filed. Motion Docket Date 10/6/2010. (Naudin, Robert) |
Filing 45 MOTION to Withdraw #22 MOTION for Leave to File First Amended Complaint Motions referred to John R Froeschner. by Tom Worthen, filed. Motion Docket Date 10/6/2010. (Naudin, Robert) |
Filing 44 AMENDED MEMORANDUM AND ORDER GRANTING Defendant's Motion to Dismiss #17 .(Signed by Judge Kenneth M. Hoyt) Parties notified.(dwilkerson, ) |
Filing 43 MEMORANDUM AND ORDER granting #17 MOTION to Dismiss State Law Based Extra-Contractual and Tort Claims.(Signed by Judge Kenneth M. Hoyt) Parties notified.(ccarnew, ) |
Filing 42 RESPONSE in Opposition to #24 MOTION to Remand, filed by Fidelity National Property and Casualty Insurance Company. (Attachments: #1 Appendix, #2 Proposed Order)(Benavides, Michelle) |
Filing 41 Joint MOTION to Expedite Consideration of Motion to Continue Deadline for Joint Pretrial OrderMotions referred to John R Froeschner. by Fidelity National Property and Casualty Insurance Company, filed. Motion Docket Date 10/1/2010. (Attachments: #1 Proposed Order)(Benavides, Michelle) |
Filing 40 Joint MOTION for Continuance of Deadline for Joint Pretrial OrderMotions referred to John R Froeschner. by Fidelity National Property and Casualty Insurance Company, filed. Motion Docket Date 10/1/2010. (Attachments: #1 Proposed Order)(Benavides, Michelle) |
Filing 39 ORDER OF PARTIAL DISMISSAL Granting #33 Stipulation of Dismissal.(Signed by Judge Kenneth M. Hoyt) Parties notified.(lusmith, ) |
Filing 38 ORDER REFERRING CASE to Magistrate Judge John R Froeschner.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dwilkerson, ) |
***Deadlines terminated: Telephone Scheduling Conference set for 9/10/2010 at 10:00 AM before Magistrate Judge John R Froeschner CANCELLED - all parties notified via e:mail & phone. (sanderson, ) |
Filing 37 NOTICE of Setting. Parties notified....***** Telephone Scheduling Conference set for 9/10/2010 at 10:00 AM before Magistrate Judge John R Froeschner, filed. (sanderson, ) |
Filing 36 ORDER REFERRING CASE to Magistrate Judge John R Froeschner.(Signed by Judge Kenneth M. Hoyt) Parties notified.(lusmith, ) |
Filing 35 MOTION to Expedite Consideration of its Opposed Motion for Leave to File Amended Notice of Removal by Fidelity National Property and Casualty Insurance Company, filed. Motion Docket Date 9/23/2010. (Attachments: #1 Proposed Order)(Benavides, Michelle) |
Filing 34 Opposed MOTION for Leave to File Amended Notice of Removal by Fidelity National Property and Casualty Insurance Company, filed. Motion Docket Date 9/22/2010. (Attachments: #1 Proposed Order)(Benavides, Michelle) |
Filing 33 STIPULATION of Dismissal with Prejudice as to Defendant Galveston Insurance Associates by Galveston Insurance Associates, Tom Worthen, filed.(Rojo, Stephanie) |
Filing 32 REPLY in Support of #18 MOTION for Summary Judgment, filed by Fidelity National Property and Casualty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Appendix of Cases)(Benavides, Michelle) |
Filing 31 REPLY in Support of #17 MOTION to Dismiss State Law Based Extra-Contractual and Tort Claims, filed by Fidelity National Property and Casualty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Appendix of Cases)(Benavides, Michelle) |
Filing 30 RESPONSE in Opposition to #22 MOTION for Leave to File First Amended Complaint, filed by Fidelity National Property and Casualty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Benavides, Michelle) |
Filing 29 ORDER granting #21 MOTION to Withdraw and terminating #19 MOTION for Summary Judgment, #19 MOTION for Summary Judgment.(Signed by Judge Kenneth M. Hoyt) Parties notified.(ccarnew, ) |
Filing 28 ORDER for expedited response ; Motion-related deadline set re: #22 MOTION for Leave to File First Amended Complaint Responses due by 8/25/2010.(Signed by Judge Kenneth M. Hoyt) Parties notified.(ccarnew, ) |
Filing 27 RESPONSE in Opposition to #18 MOTION for Summary Judgment, filed by Tom Worthen. (Attachments: #1 Exhibit A, #2 Exhibit B)(Naudin, Robert) |
Filing 26 PROPOSED ORDER re: #24 MOTION to Remand, filed.(Naudin, Robert) |
Filing 25 EXHIBITS re: #24 MOTION to Remand by Tom Worthen, filed.(Naudin, Robert) |
Filing 24 MOTION to Remand by Tom Worthen, filed. Motion Docket Date 9/10/2010. (Naudin, Robert) |
Filing 23 RESPONSE in Opposition to #17 MOTION to Dismiss State Law Based Extra-Contractual and Tort Claims, filed by Tom Worthen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order)(Naudin, Robert) |
Filing 22 MOTION for Leave to File First Amended Complaint by Tom Worthen, filed. Motion Docket Date 9/9/2010. (Attachments: #1 Complaint Exhibit A)(Naudin, Robert) |
Filing 21 MOTION to Withdraw #19 MOTION for Summary Judgment by Galveston Insurance Associates, filed. Motion Docket Date 9/9/2010. (Rojo, Stephanie) |
Filing 20 PROPOSED ORDER Granting Summary Judgment re: #19 MOTION for Summary Judgment, filed.(Rojo, Stephanie) |
Filing 19 MOTION for Summary Judgment by Galveston Insurance Associates, filed. Motion Docket Date 8/20/2010. (Attachments: #1 Appendix Appendix, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Exhibit Exhibit 13, #15 Exhibit Exhibit 14, #16 Exhibit Exhibit 15, #17 Exhibit Exhibit 16, #18 Exhibit Exhibit 17, #19 Exhibit Exhibit 18, #20 Exhibit Exhibit 19, #21 Exhibit Exhibit 20, #22 Exhibit Exhibit 21)(Rojo, Stephanie) |
Filing 18 MOTION for Summary Judgment by Fidelity National Property and Casualty Insurance Company, filed. Motion Docket Date 8/20/2010. (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)(Britt, Kim) |
Filing 17 MOTION to Dismiss State Law Based Extra-Contractual and Tort Claims by Fidelity National Property and Casualty Insurance Company, filed. Motion Docket Date 8/20/2010. (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)(Britt, Kim) |
Filing 16 ORDER granting #15 Motion to Substitute Attorney.(Signed by Judge Kenneth M. Hoyt) Parties notified.(ccarnew, ) |
Filing 15 MOTION to Substitute Attorney Kim Tran Britt in place of Christopher J. Bell by Fidelity National Property and Casualty Insurance Company, filed. Motion Docket Date 2/25/2010. (Attachments: #1 Proposed Order Order)(Benavides, Michelle) |
Filing 14 ORDER striking #13 Motion to Substitute Attorney.(Signed by Judge Kenneth M. Hoyt) Parties notified.(lusmith, ) |
Filing 13 MOTION to Substitute Attorney Kim Tran Britt in place of Christopher J. Bell by Fidelity National Property and Casualty Insurance Company, filed. Motion Docket Date 2/24/2010. (Attachments: #1 Proposed Order Order on Motion to Substitute Counsel of Record)(Benavides, Michelle) |
Filing 12 First INITIAL DISCLOSURES by Tom Worthen, filed. (Attachments: #1 Exhibit 0001-00030, #2 Exhibit 00031-00069)(Naudin, Robert) |
Filing 11 ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on 11/12/2009. Appearances: Christopher Bell, George Howard Arnold, Michelle Benavides, Douglas D D'Arche, Robert J Naudin. ETT: 2-3 days. Jury/Bench. Pltf Expert Witness List due by 4/2/2010 Pltf Expert Report due by 4/2/2010 Deft Expert Witness List due by 5/2/2010 Deft Expert Report due by 5/2/2010 Discovery due by 7/15/2010 Dispositive Motion Filing due by 7/30/2010 Initial Disclosure due by 11/30/2009 Docket Call set for 9/20/2010 at 09:30 AM in Sixth Floor Courtroom, Galveston, Texas before Judge Kenneth M. Hoyt.(Signed by Judge Kenneth M. Hoyt) Parties notified.(lusmith, ) |
Filing 10 DEMAND for Trial by Jury by Tom Worthen, filed.(Naudin, Robert) |
Filing 9 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Fidelity National Property and Casualty Insurance Company, filed.(D'Arche, Douglas) |
Filing 8 First CERTIFICATE OF INTERESTED PARTIES by Tom Worthen, filed. (Attachments: #1 Plt's Certificate of Interested Parties)(Naudin, Robert) |
Filing 7 CERTIFICATE OF INTERESTED PARTIES by Galveston Insurance Associates, filed.(Rojo, Stephanie) |
Filing 6 NOTICE of Filing of State Court Answer by Galveston Insurance Associates, filed. (Attachments: #1 Exhibit A)(Rojo, Stephanie) |
Filing 5 AMENDED ANSWER to by Fidelity National Property and Casualty Insurance Company, filed. (Benavides, Michelle) |
Filing 4 CORPORATE DISCLOSURE STATEMENT by Fidelity National Property and Casualty Insurance Company, filed.(Benavides, Michelle) |
Filing 3 ANSWER to #1 State Court Petition/Notice of Removal by Fidelity National Property and Casualty Insurance Company, filed.(Benavides, Michelle) |
Filing 2 ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Telephone Conference set for 11/12/2009 at 04:30 PM by telephone before Judge Kenneth M. Hoyt.(Signed by Judge Kenneth M. Hoyt) Parties notified.(lusmith, ) |
Filing 1 NOTICE OF REMOVAL from 212th Judicial District, Galveston County, case number 09cv1624 (Filing fee $ 350 receipt number 05410000000005562908) filed by Fidelity National Property and Casualty Insurance Company. (Attachments: #1 Exhibit Index of Documents)(Benavides, Michelle) |
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