Barclay v. State Farm Lloyds
| Bernice Barclay |
| State Farm Lloyds and Madeline Nguyen |
| 4:2014cv03649 |
| December 20, 2014 |
| US District Court for the Southern District of Texas |
| Houston Office |
| Fort Bend |
| Gray H Miller |
| Insurance |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on July 21, 2016. A more recent docket listing may be available from PACER.
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Filing 61
FINAL JUDGMENT in favor of defendant. Case terminated on 7/21/2016(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 60
Unopposed MOTION for Entry of Judgment Judgment by State Farm Lloyds, filed. Motion Docket Date 8/5/2016. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Chandler, Brian)
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Filing 59
JURY VERDICT in favor of State Farm Lloyds(rkonieczny, 4) (Additional attachment(s) added on 6/28/2016: #1 unredacted jury verdict) (rkonieczny, 4).
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Filing 58
Certification of Trial Exhibits by Bernice Barclay, State Farm Lloyds (Attachments: #1 Plaintiff's exhibits, #2 Defendant's exhibits 1-7, #3 Defendant's exhibit 8, #4 Defendant's exhibit 9.1-9.20, #5 Defendant's exhibit 9.21-9.40, #6 Defendant's exhibit 10-17)(rkonieczny, 4)
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Filing 57
Jury Charge(rkonieczny, 4)
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Filing 56
Minute Entry for proceedings held before Judge Gray H Miller. DAY TWO of JURY TRIAL held on 6/28/2016. Charge conference held. Defendant's oral supplemental motion for judgment as a matter of law is TAKEN UNDER ADVISEMENT. Jury instructions read to the jury. Closing argument by plaintiff. Closing argument by defendant. Rebuttal argument by plaintiff. Verdict received in favor of defendant. Appearances: Christopher Ryan Carmona, Eric B. Dick, Ronald Paul Schramm, Brian Michael Chandler.(Court Reporter: G.Dye), filed.(rkonieczny, 4)
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Filing 55
Minute Entry for proceedings held before Judge Gray H Miller. Voir dire by court, plaintiff and defendant. Panel of 8 jurors seated, sworn and given instructions. DAY ONE day of JURY TRIAL held on 6/27/2016. Plaintiff's opening statement. Defendant's opening statement. Plaintiff's witnesses: Gerard Duhon, Bernice Barclay. Plaintiff rests. Defendant's oral motion for judgment as a matter of law TAKEN UNDER ADVISEMENT. Defendant's witness: Mark Kubena. Defendant rests. Jury released for the day. Charge conference held. Appearances: Christopher Ryan Carmona, Eric B. Dick, Ronald Paul Schramm, Brian Michael Chandler.(Court Reporter: G.Dye), filed.(rkonieczny, 4)
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Filing 54
Minute Entry for proceedings held before Judge Gray H Miller. Final PRETRIAL CONFERENCE held on 6/27/2016. The agreed stipulation put on the record. Plaintiff withdraws all photo exhibits. Plaintiff's exhibit 7 is ADMITTED. Defendant's exhibits 1-11,15,16(for court only) and 17 ADMITTED. Plaintiff's #38 MOTION in limine GRANTED. Defendant's #38 MOTION in limine WITHDRAWN IN PART, OVERRULED IN PART as stated on the record. Appearances: Christopher Ryan Carmona, Eric B. Dick, Ronald Paul Schramm, Brian Michael Chandler.(Court Reporter: G.Dye), filed.(rkonieczny, 4)
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Filing 53
Minute Entry for proceedings held before Magistrate Judge Nancy K Johnson. SETTLEMENT CONFERENCE held on 6/23/2016. Case did not settle. Appearances: Eric B. Dick, Brian Michael Chandler.(ERO:Yes), filed.(sjones, 4)
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Filing 52
Amended Exhibit List by Bernice Barclay(Dick, Eric)
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Filing 51
AMENDED ORDER setting Final Pretrial Conference for 6/27/2016 at 10:00 AM in Courtroom 9D before Judge Gray H Miller, Jury Trial for 6/27/2016 at 11:00 AM in Courtroom 9D before Judge Gray H Miller.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 50
STIPULATION re: trial, filed.(rkonieczny, 4)
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Filing 49
Amended Exhibit List by State Farm Lloyds(Chandler, Brian)
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Filing 48
Proposed Voir Dire Questions(Chandler, Brian)
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Filing 47
Amended Exhibit List by State Farm Lloyds(Chandler, Brian)
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Filing 46
NOTICE of Setting. Settlement Conference set for 06/23/16 at 1:00 P.M. before Magistrate Judge Nancy Johnson in courtroom 700. Parties notified., filed. (sjones, 4)
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Filing 45
ORDER setting Settlement Conference for 6/23/2016 at 01:00 PM in Courtroom 700 before Magistrate Judge Nancy K Johnson.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 44
Proposed Jury Charge by State Farm Lloyds(Chandler, Brian)
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Filing 43
OBJECTIONS to #38 Proposed Pretrial Order, (Plaintiff's Exhibits), filed by State Farm Lloyds. (Chandler, Brian)
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Filing 42
NOTICE of Appearance by CHRIS CARMONA on behalf of Bernice Barclay, filed. (Dick, Eric)
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Filing 41
Supplemental Witness List by Bernice Barclay(Dick, Eric)
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Filing 40
Amended Exhibit List by State Farm Lloyds(Chandler, Brian)
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Filing 39
Amended Exhibit List by State Farm Lloyds(Chandler, Brian)
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Filing 38
Joint Proposed Pretrial Order by State Farm Lloyds (Attachments: #1 Exhibit Plaintiff Exhibit List, #2 Exhibit Defendant Exhibit List, #3 Exhibit Defendant Witness List, #4 Exhibit Proposed Voir Dire Questions, #5 Exhibit Proposed Jury Instructions and Interrogatories to the Jury, #6 Exhibit Defendant Motion in Limine, #7 Exhibit Plaintiff Motion in Limine, #8 Exhibit Order, #9 Exhibit Defendant Trial Memorandum)(Chandler, Brian)
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Filing 37
Second AMENDED ANSWER to by State Farm Lloyds, filed. (Chandler, Brian)
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Filing 36
LETTER OF AGREEMENT re: Filing Def Second Amended Answer by State Farm Lloyds, filed.(Chandler, Brian)
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Filing 35
ORDER GRANTING #34 Unopposed MOTION for Continuance of trial ( Joint Pretrial Order due by 6/13/2016, Objections due 6/20/2016, Final Pretrial Conference set for 6/27/2016 at 10:00 AM in Courtroom 9D before Judge Gray H. Miller, Jury Trial set for 6/27/2016 at 01:00 PM in Courtroom 9D before Judge Gray H. Miller)(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
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Filing 34
Unopposed MOTION for Continuance of trial by State Farm Lloyds, filed. Motion Docket Date 4/21/2016. (Attachments: #1 Proposed Order Proposed Order)(Chandler, Brian)
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Filing 33
ORDER setting Final Pretrial Conference for 4/18/2016 at 10:00 AM in Courtroom 9D before Judge Gray H. Miller, Jury Trial for 4/18/2016 at 01:00 PM in Courtroom 9D before Judge Gray H. Miller, Joint Pretrial Order due by 4/4/2016, Objections due by 4/11/2016.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
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Filing 32
MEMORANDUM OPINION AND ORDER DENYING #27 MOTION to Exclude Testimony and Opinions of Gerard J. Duhon, P.E. and Memorandum in Support Thereof, GRANTING IN PART, DENYING IN PART #28 MOTION for Summary Judgment (Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
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Filing 31
RESPONSE in Opposition to #28 MOTION for Summary Judgment , filed by Bernice Barclay. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B, #3 Exhibit EXHIBIT C, #4 Exhibit EXHIBIT D, #5 Exhibit EXHIBIT E, #6 Exhibit EXHIBIT F, #7 Exhibit EXHIBIT G, #8 Exhibit EXHIBIT H)(Dick, Eric)
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Filing 30
RESPONSE to #27 MOTION to Exclude Testimony and Opinions of Gerard J. Duhon, P.E. and Memorandum in Support Thereof filed by Bernice Barclay. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B, #3 Exhibit EXHIBIT C)(Dick, Eric)
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Filing 29
PROPOSED ORDER re: #28 MOTION for Summary Judgment , filed.(Chandler, Brian)
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Filing 28
MOTION for Summary Judgment by State Farm Lloyds, filed. Motion Docket Date 10/2/2015. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H)(Chandler, Brian)
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Filing 27
MOTION to Exclude Testimony and Opinions of Gerard J. Duhon, P.E. and Memorandum in Support Thereof by State Farm Lloyds, filed. Motion Docket Date 10/2/2015. (Attachments: #1 Exhibit Exhibit A - Gerard Duhon Report, #2 Exhibit Exhibit B - Affidavit of Mark Kubena, #3 Exhibit Exhibit C - Glen Smith Report, #4 Proposed Order Proposed Order)(Chandler, Brian)
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Filing 26
NOTICE of Supplemental Rule 26(a)(1) Initial Disclosures by State Farm Lloyds, filed. (Chandler, Brian)
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Filing 25
ORDER granting in part #20 Motion for Extension of Time Discovery due by 9/11/2015..(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
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Filing 24
First MOTION to Quash DEPOSITION NOTICE by Bernice Barclay, filed. Motion Docket Date 8/31/2015. (Attachments: #1 Exhibit EXHIBIT A, #2 Proposed Order PROPOSED ORDER)(Dick, Eric)
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Filing 23
Second SUPPLEMENT by State Farm Lloyds, filed. (Attachments: #1 Exhibit O)(Chandler, Brian)
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Filing 22
Supplemental DESIGNATION OF EXPERT WITNESS LIST by State Farm Lloyds, filed. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N)(Chandler, Brian)
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Filing 21
PROPOSED ORDER re: #20 Agreed MOTION for Extension of Time Discovery Deadline and Dispositive Motions and All Other Pretrial Motions, filed.(Chandler, Brian)
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Filing 20
Agreed MOTION for Extension of Time Discovery Deadline and Dispositive Motions and All Other Pretrial Motions by State Farm Lloyds, filed. Motion Docket Date 8/21/2015. (Chandler, Brian)
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Filing 19
STIPULATION re: Defendant SFL extension to designate expert witnesses by State Farm Lloyds, filed.(Chandler, Brian)
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Filing 18
DESIGNATION OF EXPERT WITNESS LIST by State Farm Lloyds, filed. (Attachments: #1 Exhibit Exhibits A - G to Def Designation of Expert Witnesses)(Chandler, Brian)
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Filing 17
Amended DESIGNATION OF EXPERT WITNESS LIST by Bernice Barclay, filed. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B, #3 Exhibit EXHIBIT B-1, #4 Exhibit EXHIBIT C, #5 Exhibit EXHIBIT C-1, #6 Exhibit EXHIBIT D)(Dick, Eric)
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Filing 16
LETTER OF AGREEMENT re: EXPERT WITNESSES by Bernice Barclay, filed.(Dick, Eric)
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Filing 15
DESIGNATION OF EXPERT WITNESS LIST by Bernice Barclay, filed.(Dick, Eric)
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Filing 14
AMENDED ANSWER to by Madeline Nguyen, State Farm Lloyds, filed. (Chandler, Brian)
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Filing 13
MEMORANDUM OPINION AND ORDER DENYING #5 First MOTION to Remand.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
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Filing 12
NOTICE of Defendants Rule 26(a)(1) Initial Disclosures by State Farm Lloyds, filed. (Chandler, Brian)
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Filing 11
First CERTIFICATE OF INTERESTED PARTIES by Bernice Barclay, filed.(Dick, Eric)
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Filing 10
SCHEDULING ORDER. ETT: 5 days. Jury trial. ( Amended Pleadings due by 4/24/2015, Joinder of Parties due by 3/27/2015, Pltf Expert Report due by 6/12/2015, Deft Expert Report due by 7/17/2015, Discovery due by 8/14/2015, Mediation due by 10/23/2015, Dispositive Motion Filing due by 9/11/2015, Non-Dispositive Motion Filing due by 9/11/2015, Objections due by 1/23/2016, Joint Pretrial Order due by 1/16/2016, Docket Call set for 1/30/2016 at 10:00 AM in Courtroom 9D before Judge Gray H. Miller)(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
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Filing 9
First REPLY to Response to #5 First MOTION to Remand, filed by Bernice Barclay. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B)(Dick, Eric)
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Filing 8
RESPONSE to #5 First MOTION to Remand filed by State Farm Lloyds. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order Order Denying Plaintiff's Motion to Remand)(Chandler, Brian)
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Filing 7
Agreed JOINT DISCOVERY/CASE MANAGEMENT PLAN by State Farm Lloyds, filed.(Chandler, Brian)
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Filing 6
CERTIFICATE OF INTERESTED PARTIES by State Farm Lloyds, filed.(Chandler, Brian)
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Filing 5
First MOTION to Remand by Bernice Barclay, filed. Motion Docket Date 2/4/2015. (Dick, Eric)
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Filing 4
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Scheduling Order Deadline date 2/4/2015(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
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Filing 3
STATEMENT with the Order in Removed Cases by State Farm Lloyds, filed.(Chandler, Brian)
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Filing 2
Order in Removed Cases. Statement due within ten days. (Signed by Judge Gray H. Miller) Parties notified.(sclementadi, 4)
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Filing 1
NOTICE OF REMOVAL (Filing fee $ 400 receipt number 0541-14209758) filed by State Farm Lloyds. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Index of Documents Filed with Removal Action, #3 List of Attorneys, #4 Request for Jury Trial, #5 Written Notice of Removal to Adverse Parties, #6 Defendant's Certificate of Notice of Filing)(Chandler, Brian)
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