Glass et al v. VR El Rancho Grande LLC et al
| David Glass, Roy Stewart, Samuel Kennedy, Way Lita and Lita Way |
| VR El Rancho Grande, LLC, Miguel Madril, Progressive Mountain Insurance Company, Allstate Property and Casualty Insurance Company, VR El Rancho Grande LLC and Miguel Madrid |
| 2:2023cv00394 |
| June 21, 2023 |
| US District Court for the Middle District of Alabama |
| Jerusha T Adams |
| R Austin Huffaker |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| Both |
Docket Report
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This docket was last retrieved on August 11, 2023. A more recent docket listing may be available from PACER.
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Filing 43
TEXT ORDER: GRANTING the #42 Motion to Withdraw Patrick W. Franklin as Attorney. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/11/2023. (NO PDF attached to this entry) (am, )
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| *** Pursuant to the 43 Order - Attorney Patrick W. Franklin terminated. (NO PDF attached to this entry) (am, ) |
| Filing 42 MOTION to Withdraw Patrick W. Franklin as Attorney by Progressive Mountain Insurance Company. (Franklin, Patrick) Modified on 8/10/2023 to clarify text(am, ). |
| Filing 41 ANSWER to Complaint, by Allstate Property and Casualty Insurance Company.(Reardon, Robert) |
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Filing 40
STANDARD BRIEFING ORDER: Briefing deadlines & instructions for all pending and future motions. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/7/2023. (am, )
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Filing 39
UNIFORM SCHEDULING ORDER: setting a Pretrial Conference for 8/8/2024 @ 01:00 PM, before Honorable Judge R. Austin Huffaker Jr., in CR 2D, FMJ US Courthouse, Montgomery, AL; DIRECTING the parties to prepare a Proposed Pretrial Order on or before 8/1/2024; Jury Selection & Jury Trial set for 9/30/2024 @ 10:00 AM, before Honorable Judge R. Austin Huffaker Jr., in Montgomery, AL; Dispositive & Daubert Motions due by 4/10/2024; Notice Concerning Settlement Conference and Mediation due 5 business days after Settlement Conference; Amendments to Pleadings due by 10/6/2023; Discovery Cutoff completed on or before 3/11/2024, as further set out in Order. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/7/2023. (Furnished: Calendar, DH, LW)(am, )
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| Filing 38 NOTICE of Correction re #37 Report of Rule 26(f) Planning Meeting, to attach a corrected main PDF document to properly reflect the initials of the Judges in the case number as "RAH-JTA ". (Attachments: #1 Main PDF to Document #37 )(amf, ) |
| Filing 37 REPORT of Rule 26(f) Planning Meeting. (Burrow, Nathan) (Main Document 37 replaced on 8/4/2023 to attach a corrected main PDF document to properly reflect the initials of the Judges in the case number as "RAH-JTA") (amf, ). Modified on 8/4/2023 (amf, ). |
| Filing 36 ANSWER to Complaint with JURY DEMAND by Progressive Mountain Insurance Company.(Miller, Paul) Modified on 8/2/2023 to add jury demand (am, ). |
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Filing 34
RULE 26(F) ORDER: it is ORDERED that the FRCP 26(f) Report containing the discovery plan shall be filed as soon as practicable but not later than 8/17/2023, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/27/2023. (amf, )
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Filing 33
ORDER: it is ORDERED that the #1 - 2 Motions to Dismiss are GRANTED to the extent that the Plaintiffs' breach of contract claims against Allstate and Progressive are DISMISSED without prejudice with leave to refile at a later date, if appropriate; The Motion is DENIED in all other respects; The Plaintiffs' claims against Allstate and Progressive for UIM coverage shall proceed. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/27/2023. (amf, )
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| Filing 35 Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Status Conference held on 7/26/2023 (PDF available for court use only). (Court Reporter Risa Entrekin, (334) 531-0686, risaentrekin@gmail.com.) (dh) |
| Amended Corporate/Conflict Disclosure Statement by Lita Way re #12 Order. (No PDF attached to this entry - See doc #30 for PDF) (amf, ) |
| Amended Corporate/Conflict Disclosure Statement by Samuel Kennedy re #12 Order. (No PDF attached to this entry - See doc #29 for PDF) (amf, ) |
| Filing 32 NOTICE of Appearance by Robert Benjamin Reardon on behalf of Allstate Property and Casualty Insurance Company (Reardon, Robert) |
| Filing 31 Amended Corporate/Conflict Disclosure Statement by Progressive Mountain Insurance Company. (Miller, Paul) (Additional attachment(s) added on 7/27/2023: #1 Corrected Signature Page) (amf, ). |
| Filing 30 (STRICKEN; ATTORNEY USED INCORRECT EVENT WHEN E-FILING) AMENDED DOCUMENT by Lita Way. Amendment to #20 Corporate/Conflict Disclosure Statement . (Hale, Carson) Modified on 7/27/2023 (amf, ). |
| Filing 29 (STRICKEN; ATTORNEY USED INCORRECT EVENT WHEN E-FILING) AMENDED DOCUMENT by Samuel Kennedy; Amendment to #19 Corporate/Conflict Disclosure Statement . (Hale, Carson) Modified on 7/27/2023 (amf, ). |
| Filing 28 AMENDED #18 Corporate/Conflict Disclosure Statement, by Roy Stewart. . (Hale, Carson) Modified on 7/26/2023 to clarify text (am, ). |
| Filing 27 AMENDED #17 Corporate/Conflict Disclosure Statement , by David Glass. . (Hale, Carson) Modified on 7/26/2023 to clarify text (am, ). |
| Filing 26 Amended #23 Corporate/Conflict Disclosure Statement, by Allstate Property and Casualty Insurance Company (Hart, John) Modified on 7/26/2023 to clarify text (am, ). |
| Filing 25 AMENDED #5 Disclosure Statement , by VR El Rancho Grande LLC. . (Burrow, Nathan) Modified on 7/26/2023 to clarify text (am, ). |
| Filing 24 AMENDED #22 Corporate/Conflict Disclosure Statement , by Miguel Madrid. . (Burrow, Nathan) Modified on 7/26/2023 to clarify text (am, ). |
| Filing 23 Corporate/Conflict Disclosure Statement by Allstate Property and Casualty Insurance Company. (Hart, John) |
| Filing 22 Corporate/Conflict Disclosure Statement by Miguel Madrid re #22 SECOND Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement, #12 Order. (Burrow, Nathan) Modified on 8/10/2023 to add the link to the #22 notice (amf, ). |
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Filing 21
TEXT ORDER: For good cause, it is ORDERED that a telephone conference is SET for TODAY, 7/26/2023 at 2:30 p.m. CT.; The parties shall be prepared to discuss their failures to comply with the Court's 7/11/2023 #12 Order and FRCP 7.1; Chambers will contact counsel with the call-in information; DIRECTING the Clerk to provide a court reporter. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/26/2023. (NO PDF attached to this entry)(am, )
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| Filing 20 Conflict Disclosure Statement by Lita Way re #12 Order. (Hale, Carson) Modified on 7/26/2023 to clarify text (am, ). |
| Filing 19 Conflict Disclosure Statement by Samuel Kennedy re #12 Order. (Hale, Carson) Modified on 7/26/2023 to clarify text (am, ). |
| Filing 18 Conflict Disclosure Statement by Roy Stewart re #12 Order. (Hale, Carson) Modified on 7/26/2023 to add joint filer & clarify text (am, ). |
| Filing 17 Conflict Disclosure Statement by David Glass re #12 Order. (Hale, Carson) Modified on 7/26/2023 to clarify text(am, ). |
| Filing 16 NOTICE of Correction re #13 Corporate Disclosure Statement to correct main pdf previously attached by e-filer. (Attachments: #1 Corrected Main Document #13 )(am, ) |
| Filing 15 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to David Glass, Lita Way, Roy Stewart, & Samuel Kennedy; Corporate Disclosures due by 8/4/2023. (Attachments: #1 Standing Order and Sample Format)(am, ) |
| Filing 14 SECOND Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Miguel Madrid; Corporate Disclosures due by 8/4/2023. (Attachments: #1 Standing Order and Sample Format)(am, ) |
| Filing 13 Corporate Disclosure Statement by Progressive Mountain Insurance Company. (Miller, Paul) (Main Document 13 replaced on 7/25/2023 to correct main pdf previously attached by e-filer) (am, ). |
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Filing 12
ORDER: it is hereby ORDERED that on or before 7/25/2023, each party shall file a disclosure statement that complies with FED. R. CIV. P. 7.1., as further set out in Order. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/11/2023. (am, )
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| Filing 11 Case Reassigned to Honorable Judge R. Austin Huffaker, Jr. as Presiding Judge and Magistrate Judge Jerusha T. Adams as Referral Judge; Magistrate Judge Jerusha T. Adams no longer assigned to the case as Presiding Judge. (amf, ) |
| Filing 10 RESPONSE in Opposition to #1 Progressive's MOTION to Dismiss filed by Samuel Kennedy, Lita Way. (Hale, Carson) Modified on 7/10/2023 to add linkage & clarify text (am, ). |
| Filing 9 RESPONSE in Opposition to #1 Allstate's MOTION to Dismiss filed by David Glass, Roy Stewart. (Hale, Carson) Modified on 7/10/2023 to add linkage & clarify text (am, ). |
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Filing 8
ORDER TO SHOW CAUSE, by the PLF in writing, as to why the #1 Motion to Dismiss filed by Progressive Mountain Insurance Company should not be granted; Show Cause Response due by 7/10/2023; The dft shall file a reply on or before 7/17/2023. Signed by Magistrate Judge Jerusha T. Adams on 6/26/2023. (bes, )
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Filing 7
ORDER TO SHOW CAUSE, by the PLF in writing, as to why the #1 Motion to Dismiss filed by Allstate Property and Casualty Insurance Company should not be granted; Show Cause Response due by 7/10/2023; The dft shall file a reply on or before 7/17/2023. Signed by Magistrate Judge Jerusha T. Adams on 6/26/2023. (bes, )
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Filing 6
ORDER: it is ORDERED that the parties should now make their selection in writing to consent or request reassignment; The parties are DIRECTED to complete the appropriate attached form so that the form is received by the Clerk on or before 7/17/2023; Do NOT electronically file the consent form nor the reassignment form into the record. Signed by Magistrate Judge Jerusha T. Adams on 6/26/2023. (bes, )
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| Filing 5 Corporate/Conflict Disclosure Statement by VR El Rancho Grande LLC re #4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Burrow, Nathan) |
| Filing 4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to VR El Rancho Grande LLC, Miguel Madrid; Corporate Disclosures due by 7/3/2023. (Attachments: #1 Standing Order and Sample Format)(bes, ) |
| Filing 3 NOTICE of Assignment to Magistrate Judge sent to counsel for (ALL PARTIES) Allstate Property and Casualty Insurance Company, David Glass, Samuel Kennedy, Miguel Madrid, Progressive Mountain Insurance Company, Roy Stewart, VR El Rancho Grande LLC, Lita Way. (bes, ) |
| Filing 2 Case assigned to Magistrate Judge Jerusha T. Adams as Presiding Judge. (bes, ) |
| COMPLAINT with JURY DEMAND against Allstate Property and Casualty Insurance Company, Miguel Madrid, Progressive Mountain Insurance Company, VR El Rancho Grande LLC, filed by Roy Stewart, David Glass, Samuel Kennedy, Lita Way. (No PDF attached to this entry - see doc #1 -2 at page 2 for PDF)(bes, ) |
| MOTION to Dismiss by Allstate Property and Casualty Insurance Company. (No PDF attached to this entry - see doc #1 -2 at page 98 for PDF) (bes, ) |
| ANSWER to Complaint, by Miguel Madrid, VR El Rancho Grande LLC. (No PDF attached to this entry - see doc #1 -2 at page 121 for PDF)(bes, ) |
| MOTION to Dismiss by Progressive Mountain Insurance Company. (No PDF attached to this entry - see doc #1 -2 at page 102 for PDF) (bes, ) |
| Filing 1 NOTICE OF REMOVAL by VR El Rancho Grande LLC, Miguel Madrid from the Circuit Court of Montgomery County, AL, case number 03-cv-22-901594.00. ( Filing fee $ 402.00 receipt number AALMDC-3455388) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Pleadings, #3 Exhibit B - Stewart, Roy - Medical Bills (redacted))(Burrow, Nathan) Modified on 6/22/2023 to clarify text (bes, ). |
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