Wells v. Allstate Property & Casualty Insurance Company
Plaintiff: Christopher Wells
Defendant: Allstate Property & Casualty Insurance Company
Case Number: 3:2020cv00392
Filed: June 10, 2020
Court: US District Court for the Middle District of Alabama
Presiding Judge: Jerusha T Adams
Referring Judge: R Austin Huffaker
Nature of Suit: Insurance
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2020 Filing 19 NOTICE by Allstate Property & Casualty Insurance Company of Joint Motion for Resolution of Pending Motions (McCloud, Stewart)
August 4, 2020 Filing 18 NOTICE of Response to re 16 Order by Allstate Property & Casualty Insurance Company (McCloud, Stewart) Modified on 8/5/2020 to clarify text as reflected in pleading(am, ).
August 3, 2020 Opinion or Order Filing 17 UNIFORM SCHEDULING ORDER: setting a Pretrial Conference for 8/5/2021 @ 01:00 PM, before Honorable Judge R. Austin Huffaker Jr., in CR 2D, FMJ US Courthouse, Montgomery, AL; DIRECTING the parties to jointly prepare a Proposed Pretrial Order on or before 7/29/2021; Jury Selection & Jury Trial set for 10/4/2021 @ 10:00 AM, before Honorable Judge R. Austin Huffaker Jr., in Opelika, AL; Dispositive & Daubert Motions due by 4/7/2021; Mediation Notice due not more than 5 days after the settlement conference; Amendments to Pleadings due by 9/28/2020; Discovery completed by 3/8/2021, as further set out in Order. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/3/2020. (Furnished: Calendar & all CRDs)(am, )
July 31, 2020 Opinion or Order Filing 16 TEXT ORDER: As the Court interprets the Plaintiff's Complaint, the Complaint also asserts a claim for negligent claims handling and failure to settle against the Defendant (See Doc. #1 -1, paragraphs 29 & 31.); However, the Defendant did not expressly move to bifurcate or dismiss that claim in its #10 Motion to Bifurcate or #9 Motion to Dismiss, nor has the Plaintiff referenced that claim in his #14 response; Accordingly, on or by 8/5/2020, Defendant shall file a notice with the Court setting out its position regarding whether that claim is to be bifurcated, dismissed, and/or discovery stayed; On or by 8/10/2020, Plaintiff shall file his response. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/31/2020. (NO PDF attached to this entry)(am, )
July 30, 2020 Filing 15 AMENDMENT to #9 MOTION to Dismiss Without Prejudice by Allstate Property & Casualty Insurance Company. (McCloud, Stewart) Modified on 7/31/2020 to clarify text as reflected in pleading(am, ).
July 30, 2020 Filing 14 RESPONSE to Motion re #10 MOTION to Bifurcate and Stay Discovery MOTION to Stay, #9 MOTION to Dismiss Without Prejudice filed by Christopher Wells. (Mosholder, Brian)
July 29, 2020 Filing 13 REPORT of Rule 26(f) Planning Meeting. (Martenson, Eugene)
July 28, 2020 Opinion or Order Filing 12 TEXT ORDER: Plaintiff shall file a response to the Defendant's #9 Motion to Dismiss Without Prejudice and Defendant's #10 Motion to Bifurcate on or by 8/11/2020, and the Defendant shall file a reply, if any, on or by 8/18/2020. Furthermore, discovery regarding the Plaintiff's claims for negligence and bad faith by the Defendant is hereby STAYED, pending the Court's resolution of the pending motions. However, the parties shall confer and file their discovery plan (see Doc. #8 ) as it relates to the UM claim and shall proceed forward with discovery on that claim. If the Court denies the pending motions, the parties shall file an amended discovery plan within 10 days of any such order. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/28/2020. (No pdf attached to this entry) (wcl, )
July 28, 2020 Filing 11 BRIEF/MEMORANDUM in Support re #10 MOTION to Bifurcate and Stay Discovery filed by Allstate Property & Casualty Insurance Company. (Attachments: #1 Exhibit A)(McCloud, Stewart)
July 28, 2020 Filing 10 MOTION to Bifurcate and MOTION to Stay Discovery by Allstate Property & Casualty Insurance Company. (Attachments: #1 Exhibit A)(McCloud, Stewart). Added MOTION to Stay on 7/28/2020 (am, ).
July 28, 2020 Filing 9 MOTION to Dismiss Without Prejudice by Allstate Property & Casualty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(McCloud, Stewart)
July 22, 2020 Opinion or Order Filing 8 RULE 26(f) ORDER: DIRECTING that the FED.R.CIV.P. 26(f) Report containing the discovery plan shall be filed as soon as practicable but not later than 8/12/2020, as further set out in Order. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/22/2020. (am, )
July 9, 2020 Filing 7 Corporate/Conflict Disclosure Statement by Christopher Wells. (Mosholder, Brian)
June 30, 2020 Filing 6 NOTICE of Appearance by Brian Taggart Mosholder on behalf of Christopher Wells (Mosholder, Brian)
June 22, 2020 Filing 5 Case reassigned to Honorable Judge R. Austin Huffaker, Jr as presiding judge and Honorable Judge Jerusha T. Adams as referral judge; Honorable Judge Jerusha T. Adams no longer assigned to the case as a presiding judge. (am, )
June 18, 2020 Opinion or Order Filing 4 ORDER: DIRECTING that the parties should now make their selection in writing to consent or request reassignment; DIRECTING the parties to complete the appropriate attached form so that the form is received by the Clerk on or before 7/1/2020, as further set out in Order. Signed by Honorable Judge Jerusha T. Adams on 6/18/2020. (am, )
June 10, 2020 Filing 3 NOTICE of Assignment to Magistrate Judge sent to counsel for Allstate Property & Casualty Insurance Company, Christopher Wells. (am, )
June 10, 2020 NOTICE of Filing to State Court by Allstate Property & Casualty Insurance Company. (NO PDF - See doc #1 ) (am, )
June 10, 2020 Filing 2 Corporate Disclosure Statement by Allstate Property & Casualty Insurance Company. (am, )
June 10, 2020 DEMAND for Trial by Jury by Christopher Wells. (NO PDF - See doc #1 ) (am, )
June 10, 2020 COMPLAINT against Allstate Property & Casualty Insurance Company, filed by Christopher Wells. (NO PDF - See doc #1 )(am, )
June 10, 2020 Filing 1 NOTICE OF REMOVAL by Allstate Property & Casualty Insurance Company from Circuit Court of Russell County, AL, case number 57-CV-2020-900103.00. (Filing fee $400.00 receipt number 4602058225) (Attachments: #1 State Court Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Civil Cover Sheet, #6 Receipt)(am, )

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Defendant: Allstate Property & Casualty Insurance Company
Represented By: Eugene D. Martenson
Represented By: Stewart Wilcox McCloud
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Plaintiff: Christopher Wells
Represented By: Gary Oman Bruce
Represented By: Kristen C. Saunders
Represented By: John Brandon Snellings
Represented By: Brian Taggart Mosholder
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