Galarza v. One Call Claims, LLC et al
| Joel Galarza |
| Kelly Smoot, One Call Claims, LLC, Texas Windstorm Insurance Association and Kristi Smoot |
| 1:2021cv00250 |
| May 21, 2021 |
| US District Court for the Southern District of Alabama |
| Jeffrey U Beaverstock |
| William E Cassady |
| Callie V S Granade |
| Katherine P Nelson |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 104
Order on the MOTIONS for Summary Judgment (Docs. #100 , #102 & #103 setting response time as follows: Responses to S/J due by 5/10/2023. Replies to Response to S/J due by 5/24/2023. Motions to be taken under submission on 5/25/2023. Signed by Magistrate Judge Katherine P. Nelson on 4/13/2023. (tgw)
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| Filing 103 MOTION for Summary Judgment Plaintiffs' Renewed Motion for Partial Summary Judgment filed by Joel Galarza. (Starzyk, Michael) |
| Filing 102 MOTION for Summary Judgment on Employer Status and Supporting Brief filed by One Call Claims, LLC. (Attachments: #1 Exhibit A) (Wisdom, W. Jackson) |
| Filing 101 Evidentiary Material filed by Joel Galarza. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit) (Starzyk, Michael) |
| Filing 100 Joint MOTION for Summary Judgment Defendants' Joint Motions for (1) SJ on Independent Contractor Status and (2) PSJ on the Good Faith Defense and Supporting Brief filed by Texas Windstorm Insurance Association. (Price, Ann) |
| Filing 99 Evidentiary Material ISO Defendants' Joint Motions for (1) SJ Based on Independent Contractor Status and (2) PSJ on Good Faith Defense and Supporting Brief filed by Texas Windstorm Insurance Association. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Price, Ann) |
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Filing 98
ORDER denying #96 Motion to Strike Evidence in Defendants' Reply Regarding Their Joint Motion For Partial Summary Judgment on Statute of Limitations and Motion for Leave to File Sur-Reply. Signed by Magistrate Judge Katherine P. Nelson on 3/14/2023. (tgw)
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Filing 97
ORDER denying #94 Motion to Compel Discovery. Signed by Magistrate Judge Katherine P. Nelson on 3/14/2023. (tgw)
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| Filing 96 MOTION for Leave to File Sur-Reply filed by Joel Galarza. (Starzyk, Michael) |
| Filing 95 NOTICE of Appearance by M. Warren Butler on behalf of Texas Windstorm Insurance Association (Butler, M.) |
| Filing 94 MOTION to Compel Discovery filed by Texas Windstorm Insurance Association. (Attachments: #1 Exhibit) (Price, Ann) |
| Filing 93 RESPONSE in Support re #83 Joint MOTION for Partial Summary Judgment Defs' Reply in Support of Dkt 83 filed by Texas Windstorm Insurance Association. (Price, Ann) |
| Filing 92 RESPONSE in Support re #83 Joint MOTION for Partial Summary Judgment Defs' Evidentiary Submission in Support of Defs' Reply in Support of Dkt 83 filed by Texas Windstorm Insurance Association. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5) (Price, Ann) |
| Filing 91 RESPONSE in Opposition re #83 Joint MOTION for Partial Summary Judgment filed by Joel Galarza. (Starzyk, Michael) |
| Filing 90 Evidentiary Material filed by Joel Galarza re: #83 Joint MOTION for Partial Summary Judgment . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit) (Starzyk, Michael) |
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Filing 89
TEXT-ONLY ORDER terminating #85 MOTION for Partial Summary Judgment filed by Joel Galarza and the opt-in Plaintiffs, upon their notice withdrawing same #88 . The briefing schedule on said motion is CANCELED. Subject to the Fed. R. Civ. P. 16(b) scheduling order's deadline for filing dispositive motions, this withdrawal is without prejudice to the Plaintiffs' ability to raise the same issues in a subsequent motion for summary judgment. Signed by Magistrate Judge Katherine P. Nelson on 2/17/2023. (ctn)
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| Filing 88 NOTICE by Joel Galarza re #85 MOTION for Partial Summary Judgment, Notice of Withdrawal of Motion for Partial Summary Judgment (Starzyk, Michael) Modified on 2/17/2023 (jmr). |
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Filing 87
TEXT-ONLY ORDER Setting Motion Deadlines re: #83 Joint MOTION for Partial Summary Judgment filed by all Defendants, and #85 MOTION for Partial Summary Judgment filed by Joel Galarza. Response briefs and supporting evidentiary material in opposition to said motions, if any, must be filed and served no later than 2/17/2023. Briefs and supporting evidentiary material in reply to the responses, if any, must be filed and served no later than 3/3/2023. Motions to be taken under submission on 3/4/2023. Except as permitted by the Court's Local Rules, e.g., S.D. Ala. CivLR 7(f)(3), no other briefing or submissions addressing the subject motions may be filed without leave of the Court for good cause shown. Should the Court determine that oral argument would be beneficial, a hearing will be set by separate order. Otherwise, these motions are being submitted without oral argument. See Fed. R. Civ. P. 78(b); S.D. Ala. CivLR 7(h). "Oral argument requests must contain specific reasons why oral argument would be helpful." S.D. Ala. CivLR 7(h). Signed by Magistrate Judge Katherine P. Nelson on 1/27/2023. (ctn)
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Filing 86
FIRST ORDER MODIFYING RULE 16(b) SCHEDULING ORDER: #80 MOTION for Reconsideration Agreed Joint Motion for Reconsideration of Order Denying Motion to Amend Rule 16(b) Scheduling Order is GRANTED as set out. Final Pretrial Conference reset for 8/17/2023 10:30 AM in US Courthouse, Courtroom 5B, 155 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Katherine P. Nelson. Trial will be set in September 2023, with Jury Selection set for 8/29/2023 08:45 AM. Discovery cutoff 3/10/2023. Dispositive Motions due by 4/12/2023. Signed by Magistrate Judge Katherine P. Nelson on 1/26/2023. (Attachments: #1 Standing Pretrial Order Standing Pretrial Order) (ctn) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 85 MOTION for Partial Summary Judgment filed by Joel Galarza. (Starzyk, Michael) |
| Filing 84 Evidentiary Material filed by Joel Galarza. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (Starzyk, Michael) |
| Filing 83 Joint MOTION for Partial Summary Judgment filed by Texas Windstorm Insurance Association. (Attachments: #1 Exhibit A, #2 Exhibit B) (Price, Ann) |
| Filing 82 Position Regarding Mediation Joint Report Regarding Status of Mediation filed by Joel Galarza. (Starzyk, Michael) |
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Filing 81
TEXT-ONLY ORDER deferring ruling on #80 MOTION for Reconsideration Agreed Joint Motion for Reconsideration of Order Denying Motion to Amend Rule 16(b) Scheduling Order filed by Texas Windstorm Insurance Association, until after mediation of this case (currently scheduled for January 12, 2023). The parties are ORDERED to file a joint report setting forth the status of mediation no later than 1/20/2023. Signed by Magistrate Judge Katherine P. Nelson on 1/10/2023. (ctn)
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| Filing 80 MOTION for Reconsideration Agreed Joint Motion for Reconsideration of Order Denying Motion to Amend Rule 16(b) Scheduling Order filed by Texas Windstorm Insurance Association. (Price, Ann) |
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Filing 79
TEXT-ONLY ORDER denying #77 Joint MOTION to Amend Scheduling Order #75 . Said motion, filed almost a week after the 12/16/2022 discovery cutoff (see Doc. #75 4), fails to show that the parties have been diligently pursuing discovery. Since the Court declines to extend the deadline for discovery completion, and since the parties report that mediation is scheduled for 1/12/2023 (see Doc. #78 ), the Court also declines to extend the 1/20/2023 deadline for filing dispositive motions (see Doc. #75 11), or any other deadline in the scheduling order #75 . See Fed. R. Civ. P. 16(b)(4) ("A schedule may be modified only for good cause and with the judge's consent."); Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1418 (11th Cir. 1998) (per curiam) (Rule 16(b)(4)'s "good cause standard precludes modification unless the schedule cannot be met despite the diligence of the party seeking the extension" (quotation omitted)). Signed by Magistrate Judge Katherine P. Nelson on 12/22/2022. (ctn)
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| Filing 78 STATUS REPORT Joint Statement Regarding Settlement Status by Texas Windstorm Insurance Association. (Price, Ann) |
| Filing 77 Joint MOTION to Amend Scheduling Order #75 Scheduling Order,,, filed by Texas Windstorm Insurance Association. (Price, Ann) |
| Document endorsed NOTED by Magistrate Judge Katherine P. Nelson: #78 STATUS REPORT Joint Statement Regarding Settlement Status (ctn) |
| Filing 76 ANSWER to #1 Complaint, by One Call Claims, LLC, Kelly Smoot, Kristi Smoot. (Wisdom, W. Jackson) |
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Filing 75
SCHEDULING ORDER: Pretrial Conference set for 5/11/2023 10:00 AM in US Courthouse, Courtroom 5B, 155 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Katherine P. Nelson. Trial will be set during the June 2023 civil term, with Jury Selection set for 6/6/2023 08:45 AM before Magistrate Judge Katherine P. Nelson. Discovery cutoff 12/16/2022. Amended Pleadings due by 8/26/2022. Motions due by 1/20/2023. Position Regarding Settlement due by 12/23/2022.. Signed by Magistrate Judge Katherine P. Nelson on 8/1/2022. (Attachments: #1 Standing Pretrial Order) (tgw) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Minute Entry for proceedings held before Magistrate Judge Katherine P. Nelson: Scheduling Conference held on 7/28/2022. DCR Digital Audio Recording. (tgw) |
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Filing 73
ORDER REFERRING CASE to Magistrate Judge Katherine P. Nelson. IT IS HEREBY ORDERED that this case be referred to the United States Magistrate Judge, to conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C. 636(c) and Fed.R.Civ.P.73. Signed by Chief District Judge Jeffrey U. Beaverstock on 7/27/22. (tgw)
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| Filing 72 CONSENT to Jurisdiction by US Magistrate Judge by Joel Galarza.. (Starzyk, Michael) |
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Filing 71
Order setting telephonic scheduling conference. ( Telephonic Scheduling Conference set for 7/28/2022 10:00 AM before Magistrate Judge Katherine P. Nelson.) See call-in information. Signed by Magistrate Judge Katherine P. Nelson on 7/22/22. (cmj)
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| Filing 70 ANSWER to #1 Complaint, by Texas Windstorm Insurance Association. (Price, Ann) |
| REFERRAL OF #69 Report of Rule 26(f) Planning Meeting to Judge Nelson. (cmj) |
| Filing 69 REPORT of Rule 26(f) Planning Meeting . (Starzyk, Michael) |
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Filing 68
TEXT-ONLY ORDER on #66 Disclosure Statement filed by Texas Windstorm Insurance Association. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge Katherine P. Nelson on 7/15/2022. (ctn)
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| Filing 67 Document endorsed NOTED by Chief District Judge Jeffrey U. Beaverstock: Corporate Disclosure Statement #66 filed by Texas Windstorm Insurance Association. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. (jil) |
| Filing 66 Corporate Disclosure Statement filed by Defendant Texas Windstorm Insurance Association. (Price, Ann) |
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Filing 65
ENDORSED ORDER granting #62 Joint MOTION to Amend #57 Preliminary Scheduling Order. The deadline for the parties to meet and file a report pursuant to Fed. R. Civ. P. 26(f) is extended to 7/15/2022. Signed by Magistrate Judge Katherine P. Nelson on 7/11/2022. (ctn)
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Filing 64
ENDORSED ORDER granting #63 MOTION for Michael Golden and Gilbert Nwaopara to Withdraw as Attorney. Attorneys Michael Golden and Gilbert O. Nwaopara terminated as counsel of record for Texas Windstorm Insurance Association. Signed by Magistrate Judge Katherine P. Nelson on 7/11/2022. (ctn)
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| Filing 63 MOTION for Michael Golden and Gilbert Nwaopara to Withdraw as Attorney NOA Bryan Taylor filed by Texas Windstorm Insurance Association. (Price, Ann) |
| MOTIONS REFERRED: #63 MOTION for Michael Golden and Gilbert Nwaopara to Withdraw as Attorney NOA Bryan Taylor Referred to Judge Katherine P. Nelson. (cmj) |
| MOTIONS REFERRED: #62 MOTION to Amend Scheduling Order #57 Preliminary Scheduling Order Agreed Joint Motion to Amend Preliminary Scheduling Order Referred to Judge Katherine P. Nelson. (cmj) |
| Filing 62 Joint MOTION to Amend #57 Preliminary Scheduling Order filed by Texas Windstorm Insurance Association. (Price, Ann) Modified on 7/8/2022 (cmj). |
| Filing 61 NOTICE of Appearance by Ann Abrams Price on behalf of Texas Windstorm Insurance Association (Price, Ann) |
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Filing 60
ENDORSED ORDER granting #59 MOTION and APPLICATION for Ann A Price to Appear Pro Hac Vice for Texas Windstorm Insurance Association. Signed by Magistrate Judge Katherine P. Nelson on 6/29/2022. (ctn)
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| Filing 59 MOTION and APPLICATION for Ann A Price to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-3032549, Online Credit Card Payment) filed by Texas Windstorm Insurance Association. (Price, Ann) |
| MOTIONS REFERRED: #59 MOTION and APPLICATION for Ann A Price to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenL Referred to Judge Katherine P. Nelson. (cmj) |
| Filing 58 Document endorsed NOTED by Chief District Judge Jeffrey U. Beaverstock: Corporate Disclosure Statement #52 filed by One Call Claims, LLC and Corporate Disclosure Statement #50 filed by One Call Claims, LLC. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. (jil) |
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Filing 57
PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report due by 7/8/2022.. Signed by Magistrate Judge Katherine P. Nelson on 6/17/22. (Attachments: #1 Consent to Mag) (cmj)
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Filing 56
TEXT-ONLY ORDER on #52 , #50 Disclosure Statements filed by One Call Claims, LLC. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge Katherine P. Nelson on 6/17/2022. (ctn)
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| Filing 55 Case re-assigned to Chief District Judge Jeffrey U. Beaverstock. Senior Judge Callie V. S. Granade no longer assigned to the case. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix JB-N after the case number on all future pleadings. (mab) |
| Filing 54 Case Reassigned. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix CG-N after the case number on all future pleadings. (cjr) Modified on 6/16/2022 (cjr). |
| Filing 53 Document endorsed NOTED by Magistrate Judge William E. Cassady: Corporate Disclosure Statement #52 filed by One Call Claims, LLC (Cassady, William) |
| Filing 52 Corporate Disclosure Statement filed by Defendant One Call Claims, LLC. (Wisdom, W. Jackson) |
| Filing 51 Document endorsed NOTED by Magistrate Judge William E. Cassady: Corporate Disclosure Statement #50 filed by One Call Claims, LLC. Upon review, it is determined that it is necessary to require Cratos Solutions, LLC to provide a list of its members not later than March 3, 2022. (Cassady, William) |
| Filing 50 Corporate Disclosure Statement filed by Defendants One Call Claims, LLC, Cratos Solutions, LLC identifying Corporate Parent Cratos Solutions, LLC for One Call Claims, LLC.. (Wisdom, W. Jackson) |
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Filing 49
Order, ( Disclosure Statement Due 2/24/2022.). Signed by Magistrate Judge William E. Cassady on 2/17/2022. (Attachments: #1 Disclosure Statement Form) (eec)
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| Filing 48 NOTICE by Kathrine Carpenter FLSA Action Consent Form (Starzyk, Michael) |
| Filing 47 NOTICE by Vicki Wimberly FLSA Action Consent Form (Starzyk, Michael) |
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Filing 46
ENDORSED ORDER granting #45 Motion to Appear Pro Hac Vice. IT IS HEREBY ORDERED, adjudged and decreed that counselor Michael J. Golden, as a member in good standing of the Bar of the United States District Court for the Northern District of Texas, who has complied with the rules of this Court, be and is hereby admitted pro hac vice to serve the interests of justice in the above entitled cause. Signed by Magistrate Judge William E. Cassady on 9/23/21. (Cassady, William)
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| Filing 45 MOTION and APPLICATION for Michael J Golden to Appear Pro Hac Vice. Michael J Golden Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-2877432, Online Credit Card Payment) filed by Texas Windstorm Insurance Association. (Golden, Michael) |
| Filing 44 NOTICE by One Call Claims, LLC of Filing Amended Disclosures (Wisdom, W. Jackson) |
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Filing 43
FLSA SCHEDULING ORDER: The provisions of Rule 26(a)(1) are WAIVED. All discovery in this case is STAYED, except as provided in this Order. Signed by Magistrate Judge William E. Cassady on 8/9/2021. (Attachments: #1 Consent to the Exercise of Jurisdiction by a United States Magistrate Judge) (eec)
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Filing 42
ENDORSED ORDER granting #41 Motion to Appear Pro Hac Vice. IT IS HEREBY ORDERED, adjudged and decreed that counselor W. Jackson Wisdom, as a member in good standing of the Bar of the United States District Court for the Southern District of Texas, who has complied with the rules of this Court, be and is hereby admitted pro hac vice to serve the interests of justice in the above entitled cause. Signed by Magistrate Judge William E. Cassady on 8/9/21. (Cassady, William)
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| Filing 41 MOTION and APPLICATION for W. Jackson Wisdom to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-2848988, Online Credit Card Payment) filed by One Call Claims, LLC, Kelly Smoot, Kristi Smoot. (Attachments: #1 Affidavit Certificate of Good Standing) (Wisdom, W. Jackson) |
| Filing 40 NOTICE of Appearance by Ian David Rosenthal on behalf of Joel Galarza (Rosenthal, Ian) |
| Filing 39 Notice of Filing Disclosures filed by One Call Claims, LLC. (Kirkpatrick, R.) |
| Filing 38 NOTICE of Appearance by R. Mark Kirkpatrick on behalf of One Call Claims, LLC (Kirkpatrick, R.) |
| Filing 37 NOTICE of Filing Proposed Order by Joel Galarza re: #36 Order, Set Deadlines (Starzyk, Michael) |
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Filing 36
Order re: Status Conference, ( Joint Proposed Scheduling Order due 7/12/2021). Signed by Magistrate Judge William E. Cassady on 7/2/2021. (eec)
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Filing 35
ENDORSED ORDER granting #34 Motion to Appear Pro Hac Vice. IT IS HEREBY ORDERED, adjudged and decreed that counselor Savannah Mary Warner, as a member in good standing of the Bar of the United States District Court for the Southern District of Texas, who has complied with the rules of this Court, be and is hereby admitted pro hac vice to serve the interests of justice in the above entitled cause. Signed by Magistrate Judge William E. Cassady on 6/14/21. (Cassady, William)
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| Filing 34 MOTION and APPLICATION for Savannah M. Warner to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-2821983, Online Credit Card Payment) filed by Joel Galarza. (Attachments: #1 Exhibit Certificate of Good Standing) (Warner, Savannah) |
| Minute Entry for proceedings held before Magistrate Judge William E. Cassady: Telephone Status Conference held on 6/8/2021. DCR Digital Audio Recording. (srd) |
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Filing 32
ENDORSED ORDER granting #31 Motion to Amend/Correct. Signed by Magistrate Judge William E. Cassady on 6/2/21. (Cassady, William)
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| Filing 31 MOTION to Amend/Correct 30 Order on Motion to Appear Pro Hac Vice,,, filed by Joel Galarza. (Starzyk, Michael) |
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Filing 30
ENDORSED ORDER granting #29 Motion to Appear Pro Hac Vice. IT IS HEREBY ORDERED, adjudged and decreed that counselor Michael A. Starzyk, as a member in good standing of the Bar of the United States District Court for the Southern District of Texas, who has complied with the rules of this Court, be and is hereby admitted pro hac vice to serve the interests of justice in the above entitled cause. Even though this motion has been granted, it appears that the applicant did not correctly and completely respond to Question 4 on the application asking for information about the State in which he is authorized to practice law. See 4(c)&(d). These responses are inconsistent with the response to Question 5. Applicant shall supplement the application not later than June 11, 2021. Signed by Magistrate Judge William E. Cassady on 6/1/21. (Cassady, William)
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| Filing 29 MOTION and APPLICATION for Michael A. Starzyk to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-2814956, Online Credit Card Payment) filed by Joel Galarza. (Attachments: #1 Exhibit Certificate of Good Standing) (Starzyk, Michael) |
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Filing 28
Order, ( Status Conference, BY TELEPHONE, set for 6/8/2021 03:30 PM before Magistrate Judge William E. Cassady.) To access the conference, the parties shall use the following numbers: CALL IN 877-873-8018 ACCESS CODE 3291819. Signed by Magistrate Judge William E. Cassady on 6/8/2021. (eec)
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| Filing 27 Notice of Assignment to Magistrate Judge William E. Cassady for trial. (eec) |
| Filing 26 Case transferred in from District of Texas Western; Case Number 1:20-cv-00808. Original file certified copy of transfer order and docket sheet received. |
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Filing 25
ORDER ADOPTING #20 Report and Recommendations of the United States Magistrate Judge. ORDER GRANTING IN PART AND DENYING IN PART Defendants' #8 MOTION to Dismiss without Prejudice or in the Alternative, Motion to Transfer Venue filed by Texas Windstorm Insurance Association and #10 MOTION to Dismiss or Alternatively, Motion to Transfer filed by Kristi Smoot, Kelly Smoot, One Call Claims, LLC. ORDER that this case shall be transferred to the United States District Court for the Southern District of Alabama. Signed by Judge Robert Pitman. (lt) [Transferred from Texas Western on 5/21/2021.]
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| Filing 24 NOTICE of Attorney Appearance by Michael J. Golden on behalf of Texas Windstorm Insurance Association. Attorney Michael J. Golden added to party Texas Windstorm Insurance Association(pty:dft) (Golden, Michael) [Transferred from Texas Western on 5/21/2021.] |
| Filing 23 OBJECTION to #20 Report and Recommendations by Joel Galarza.. (Attachments: #1 Exhibit A)(Starzyk, Michael) [Transferred from Texas Western on 5/21/2021.] |
| Filing 22 Sur-reply to Motion, filed by Joel Galarza, re #10 MOTION to Dismiss or Alternatively, Motion to Transfer filed by Defendant Kristi Smoot, Defendant Kelly Smoot, Defendant One Call Claims, LLC (lt) [Transferred from Texas Western on 5/21/2021.] |
| Filing 21 Sur-reply to Motion, filed by Joel Galarza, re #8 MOTION to Dismiss without Prejudice or in the Alternative, Motion to Transfer Venue filed by Defendant Texas Windstorm Insurance Association (lt) [Transferred from Texas Western on 5/21/2021.] |
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Filing 20
ORDER GRANTING #13 MOTION for Leave to File Sur-Reply filed by Joel Galarza and #16 Motion for Leave to File Document filed by Joel Galarza, and REPORT AND RECOMMENDATION of the United States Magistrate Judge re #8 Motion to Dismiss filed by Texas Windstorm Insurance Association and #10 Motion to Dismiss filed by Kristi Smoot, Kelly Smoot, One Call Claims, LLC. Signed by Judge Susan Hightower. (lt) [Transferred from Texas Western on 5/21/2021.]
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| Motions No Longer Referred: #8 MOTION to Dismiss without Prejudice or in the Alternative, Motion to Transfer Venue; #10 MOTION to Dismiss or Alternatively, Motion to Transfer; #13 MOTION for Leave to File Sur-Reply; #16 MOTION for Leave to File Plaintiff's Sur-Reply Regarding The One Call Defendants' Motion to Dismiss or Alternatively, Motion to Transfer (lt) [Transferred from Texas Western on 5/21/2021.] |
| Filing 19 REPLY to Response to Motion, filed by Joel Galarza, re #16 MOTION for Leave to File Plaintiff's Sur-Reply Regarding The One Call Defendants' Motion to Dismiss or Alternatively, Motion to Transfer filed by Plaintiff Joel Galarza (Starzyk, Michael) [Transferred from Texas Western on 5/21/2021.] |
| Filing 18 RESPONSE to Motion, filed by One Call Claims, LLC, Kelly Smoot, Kristi Smoot, re #10 MOTION to Dismiss or Alternatively, Motion to Transfer filed by Defendant Kristi Smoot, Defendant Kelly Smoot, Defendant One Call Claims, LLC Defendants One Call Claims, LLC, Kristi Smoot, and Kelly Smoot's Response to Plaintiff's Objections to Their Reply in Support of Their Motion to Dismiss or Transfer; Motion for Leave (Wisdom, W.) [Transferred from Texas Western on 5/21/2021.] |
| Filing 17 RESPONSE to Motion, filed by One Call Claims, LLC, Kelly Smoot, Kristi Smoot, re #16 MOTION for Leave to File Plaintiff's Sur-Reply Regarding The One Call Defendants' Motion to Dismiss or Alternatively, Motion to Transfer filed by Plaintiff Joel Galarza (Wisdom, W.) [Transferred from Texas Western on 5/21/2021.] |
| MOTION REFERRED: referred #16 MOTION for Leave to File Plaintiff's Sur-Reply Regarding The One Call Defendants' Motion to Dismiss or Alternatively, Motion to Transfer . Referral Judge: Susan Hightower. (td) [Transferred from Texas Western on 5/21/2021.] |
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Text Order REFERRING #16 Motion for Leave to File entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff's Motion for Leave to File Sur-Reply, (Dkt. 16), is REFERRED to United States Magistrate Judge Susan Hightower for disposition pursuant to 28 U.S.C. 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fw) [Transferred from Texas Western on 5/21/2021.]
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| Filing 16 MOTION for Leave to File Plaintiff's Sur-Reply Regarding The One Call Defendants' Motion to Dismiss or Alternatively, Motion to Transfer by Joel Galarza. (Attachments: #1 Exhibit A, #2 Proposed Order)(Starzyk, Michael) [Transferred from Texas Western on 5/21/2021.] |
| Filing 15 Miscellaneous Objection to #14 Reply to Response to Motion, by Joel Galarza. (Attachments: #1 Proposed Order)(Starzyk, Michael) [Transferred from Texas Western on 5/21/2021.] |
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Text Order REFERRING #8 Motion to Dismiss entered by Judge Robert Pitman. IT IS ORDERED that Defendant Texas Windstorm Insurance Association's Motion to Dismiss, (Dkt. 8), is REFERRED to United States Magistrate Judge Susan Hightower for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fw) [Transferred from Texas Western on 5/21/2021.]
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Text Order REFERRING #10 Motion to Dismiss entered by Judge Robert Pitman. IT IS ORDERED that Defendants One Call Claims, LLC, Kelly Smoot, Kristi Smoot's Motion to Dismiss, (Dkt. 10), is REFERRED to United States Magistrate Judge Susan Hightower for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fw) [Transferred from Texas Western on 5/21/2021.]
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Text Order REFERRING #13 Motion for Leave to File entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff's Miscellaneous Objection and Motion for Leave to File Sur-Reply, (Dkt. 13), is REFERRED to United States Magistrate Judge Susan Hightower for disposition pursuant to 28 U.S.C. 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (fw) [Transferred from Texas Western on 5/21/2021.]
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| MOTION REFERRED: referred #10 MOTION to Dismiss or Alternatively, Motion to Transfer, #13 MOTION for Leave to File Sur-Reply, #8 MOTION to Dismiss without Prejudice or in the Alternative, Motion to Transfer Venue. Referral Judge: Susan Hightower. (td) [Transferred from Texas Western on 5/21/2021.] |
| Filing 14 REPLY to Response to Motion, filed by One Call Claims, LLC, Kelly Smoot, Kristi Smoot, re #10 MOTION to Dismiss or Alternatively, Motion to Transfer filed by Defendant Kristi Smoot, Defendant Kelly Smoot, Defendant One Call Claims, LLC (Attachments: #1 Exhibit A)(Wisdom, W.) [Transferred from Texas Western on 5/21/2021.] |
| Filing 13 Miscellaneous Objection to #11 Response in Support of Motion, and Motion for Leave to File Sur-Reply by Joel Galarza. (Attachments: #1 Exhibit A, #2 Proposed Order, #3 Proposed Order)(Starzyk, Michael) Modified on 10/6/2020 (td). [Transferred from Texas Western on 5/21/2021.] |
| Filing 12 Response in Opposition to Motion, filed by Joel Galarza, re #10 MOTION to Dismiss or Alternatively, Motion to Transfer filed by Defendant Kristi Smoot, Defendant Kelly Smoot, Defendant One Call Claims, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Starzyk, Michael) [Transferred from Texas Western on 5/21/2021.] |
| Filing 11 RESPONSE in Support, filed by Texas Windstorm Insurance Association, re #8 MOTION to Dismiss without Prejudice or in the Alternative, Motion to Transfer Venue filed by Defendant Texas Windstorm Insurance Association (Boulette, Jason) [Transferred from Texas Western on 5/21/2021.] |
| Filing 10 MOTION to Dismiss or Alternatively, Motion to Transfer by One Call Claims, LLC, Kelly Smoot, Kristi Smoot. (Attachments: #1 Proposed Order)(Wisdom, W.) [Transferred from Texas Western on 5/21/2021.] |
| Filing 9 Response in Opposition to Motion, filed by Joel Galarza, re #8 MOTION to Dismiss without Prejudice or in the Alternative, Motion to Transfer Venue filed by Defendant Texas Windstorm Insurance Association (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proposed Order)(Starzyk, Michael) [Transferred from Texas Western on 5/21/2021.] |
| Filing 8 MOTION to Dismiss without Prejudice or in the Alternative, Motion to Transfer Venue by Texas Windstorm Insurance Association. (Attachments: #1 Proposed Order)(Boulette, Jason) [Transferred from Texas Western on 5/21/2021.] |
| Filing 7 SUMMONS Returned Executed by Joel Galarza. One Call Claims, LLC served on 8/28/2020, answer due 9/18/2020. (Starzyk, Michael) [Transferred from Texas Western on 5/21/2021.] |
| Filing 6 SUMMONS Returned Executed by Joel Galarza. Texas Windstorm Insurance Association served on 8/12/2020, answer due 9/2/2020. (Starzyk, Michael) [Transferred from Texas Western on 5/21/2021.] |
| Filing 5 SUMMONS Returned Executed by Joel Galarza. Kelly Smoot served on 8/7/2020, answer due 8/28/2020. (Starzyk, Michael) [Transferred from Texas Western on 5/21/2021.] |
| Filing 4 SUMMONS Returned Executed by Joel Galarza. Kristi Smoot served on 8/7/2020, answer due 8/28/2020. (Starzyk, Michael) [Transferred from Texas Western on 5/21/2021.] |
| Filing 3 Summons Issued as to One Call Claims, LLC, Kelly Smoot, Kristi Smoot, Texas Windstorm Insurance Association. (cj) [Transferred from Texas Western on 5/21/2021.] |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Joel Galarza. (Starzyk, Michael) [Transferred from Texas Western on 5/21/2021.] |
| Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-13819456), filed by Joel Galarza. (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 Civil Cover Sheet)(Starzyk, Michael) [Transferred from Texas Western on 5/21/2021.] |
| DEMAND for Trial by Jury by Joel Galarza. (cj) [Transferred from Texas Western on 5/21/2021.] |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower (cj) [Transferred from Texas Western on 5/21/2021.] |
| Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) [Transferred from Texas Western on 5/21/2021.] |
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