Wills v. Encompass Insurance Company et al
| Paul I. Wills |
| Encompass Insurance Company, Allstate Insurance Company and Encompass Indemnity Company |
| 2:2020cv02150 |
| August 24, 2020 |
| US District Court for the Western District of Arkansas |
| P K Holmes |
| Insurance |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on September 30, 2022. A more recent docket listing may be available from PACER.
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Filing 30
TEXT ONLY ORDER extending deadline to respond to #25 MOTION for Partial Dismissal of Second Amended Complaint to November 3, 2020. Signed by Honorable P. K. Holmes III on October 13, 2020. (rab)
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Filing 29
REPLY to Response to Motion re #13 MOTION to Vacate filed by Encompass Indemnity Company, Encompass Insurance Company. (Burns, James)
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Filing 28
RESPONSE IN OPPOSITION TO Motion re #13 MOTION to Vacate filed by Paul I. Wills. (Gilbreath, E.)
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Filing 27
***DISREGARD, SEE DOCUMENT #28 ***RESPONSE IN OPPOSITION TO Motion re #13 MOTION to Vacate filed by Paul I. Wills. (Gilbreath, E.) Modified on 10/7/2020 to add text (lw).
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Filing 26
MEMORANDUM BRIEF in Support of #25 MOTION to Dismiss for Partial Dismissal of Second Amended Complaint by Allstate Insurance Company. (Hill, Zachary)
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Filing 25
MOTION to Dismiss for Partial Dismissal of Second Amended Complaint by Allstate Insurance Company. (Hill, Zachary)
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Filing 24
ANSWER to #21 Amended Complaint, by Allstate Insurance Company.(Hill, Zachary)
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Filing 23
TEXT ONLY ORDER finding as moot #9 Motion to Dismiss for Failure to State a Claim on the basis of the filing of a #21 second amended complaint. See In re Atlas Van Lines, Inc., 209 F.3d 1064, 1067 (8th Cir. 2000) ("It is well-established that an amended complaint supercedes an original complaint and renders the original complaint without legal effect."). To the extent that arguments for dismissal raised in the mooted motion to dismiss may apply to the currently-operative complaint, they are not waived and may be raised again if appropriate. Signed by Honorable P. K. Holmes III on September 30, 2020. (rab)
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Filing 22
ANSWER to #21 Amended Complaint, with Jury Demand by Encompass Indemnity Company, Encompass Insurance Company.(Burns, James)
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Filing 21
SECOND AMENDED COMPLAINT with Jury Demand as to #4 Complaint, #6 Amended Complaint, against All Defendants , filed by Paul I. Wills. Related document: #4 Complaint, filed by Paul I. Wills, #6 Amended Complaint, filed by Paul I. Wills. (Attachments: #1 Exhibit)(Gilbreath, E.) Modified on 9/25/2020 (hnc).
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Filing 20
TEXT ONLY ORDER granting #19 Motion for Leave to File Second Amended Complaint. Plaintiff is directed to file the proposed complaint that is an exhibit to his motion as an amended complaint. Signed by Honorable P. K. Holmes III on September 24, 2020. (rab)
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Filing 19
MOTION for Leave to File Second Amended Complaint by Paul I. Wills. (Attachments: #1 Exhibit)(Gilbreath, E.)
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Filing 18
FINAL SCHEDULING ORDER, as set forth. Jury Trial set for 6/14/2021 09:00 AM in Fort Smith -- 3rd flr (Rm 310) before Honorable P. K. Holmes III. Signed by Jane Ann Short, Courtroom Deputy for Honorable P. K. Holmes III on September 18, 2020. (jas)
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Filing 17
JOINT REPORT of Rule 26(f) Planning Meeting by Allstate Insurance Company. (Strabala, Richard)
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Filing 16
NOTICE by Encompass Indemnity Company, Encompass Insurance Company re #9 MOTION to Dismiss for Failure to State a Claim , #10 Memorandum Brief in Support (Burns, James)
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Filing 15
TEXT ONLY ORDER extending deadline to respond to #13 MOTION to Vacate to October 9, 2020. Signed by Honorable P. K. Holmes III on September 9, 2020. (rab)
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Filing 14
MEMORANDUM BRIEF in Support of #13 MOTION to Vacate by Encompass Indemnity Company, Encompass Insurance Company. (Burns, James) Modified text on 9/8/2020 (hnc).
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Filing 13
MOTION to Vacate the Order Granting Summary Judgment to Plaintiff (filed in State Court 5/31/19) (Attachments: #1 Exhibit Order Granting PL MSJ, #2 Exhibit Plaintiff's MSJ, #3 Affidavit Dr. Arkin)(Burns, James) Modified text on 9/8/2020 (hnc).
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Filing 12
Corporate Disclosure Statement by Allstate Insurance Company. (Strabala, Richard)
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Filing 11
TEXT ONLY ORDER re #9 MOTION to Dismiss for Failure to State a Claim: The deadline to respond to this motion is extended to September 30, 2020. Signed by Honorable P. K. Holmes III on September 1, 2020. (rab)
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Filing 10
MEMORANDUM BRIEF in Support of #9 MOTION to Dismiss for Failure to State a Claim by Allstate Insurance Company. (Hill, Zachary)
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Filing 9
MOTION to Dismiss for Failure to State a Claim by Allstate Insurance Company. (Attachments: #1 Exhibit 1)(Hill, Zachary)
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Filing 8
INITIAL SCHEDULING ORDER: Rule 26 Meeting Report due by 9/30/2020. Jury Trial set for 6/14/2021 09:00 AM in Fort Smith -- 3rd flr (Rm 310) before Honorable P. K. Holmes III. Signed by Jane Ann Short, Courtroom Deputy for Honorable P. K. Holmes III on August 24, 2020. (jas)
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Filing 7
ANSWER to #6 Amended Complaint, by Encompass Indemnity Company, Encompass Insurance Company. (Originally filed in the Circuit Court of Sebastian County on 08/06/2020 in case CV-19-131)(mjm)
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Filing 6
AMENDED COMPLAINT as to #4 Complaint against Encompass Insurance Company, Allstate Insurance Company, Encompass Indemnity Company, filed by Paul I. Wills. Related document: #4 Complaint filed by Paul I. Willis. (Originally filed in the Circuit Court of Sebastian County on 07/21/2020 in case CV-19-131)(mjm) Modified on 8/24/2020 to edit Plaintiff last name (mjm).
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Filing 5
ANSWER to #4 Complaint by Encompass Indemnity Company, Encompass Insurance Company. (Originally filed in the Circuit Court of Sebastian County on 02/22/2019 in case CV-19-131) (mjm)
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Filing 4
COMPLAINT against Encompass Indemnity Company, Encompass Insurance Company, filed by Paul I. Wills. (Originally filed in the Circuit Court of Sebastian County on 02/12/2019 in case CV-19-131)(mjm) Modified on 8/24/2020 to edit Plaintiff last name (mjm).
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Filing 3
Magistrate Notice/Consent Form. (mjm)
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Filing 2
NOTICE OF REMOVAL from Circuit Court of Sebastian County, case number CV-19-131., filed by Allstate Insurance Company. (Attachments: #1 Exhibit A: Complaint, #2 Exhibit B: Summons - Encompass, #3 Exhibit C: Answer of Defendants, #4 Exhibit D: Affidavit of Service, #5 Exhibit E: Response to D's Motion to Strike, #6 Exhibit F: MSJ and BIS, #7 Exhibit G: Motion to Seal Medical Records, #8 Exhibit H: Order Sealing Medical Records, #9 Exhibit I: D's MSJ and BIS, #10 Exhibit J: Resp to P's MPSJ and BIS, #11 Exhibit K: P's Resp to D's MPSJ, #12 Exhibit L: Motion for Judgment for P on P's MSJ, #13 Exhibit M: D's Reply to P's Resp to D's MPSJ, #14 Exhibit N: Court's Letter to Counsel Setting Hrg, #15 Exhibit O: Order Granting P's MSJ, #16 Exhibit P: Court's Letter to Counsel Forwarding Order, #17 Exhibit Q: (Set Aside 8-16-19) Order-D's MPSJ, #18 Exhibit R: Motion to Reconsider and BIS, #19 Exhibit S: Motion for Stay of Execution of Judgment, #20 Exhibit T: Motion for Specific Dates, #21 Exhibit U: Order-Response to Motion to Reconsider BIS, #22 Exhibit V: Amended Order-Pltf's Motion for Specific Dates Requesting, #23 Exhibit W: P's Resp to D's Motion to Reconsider BIS, #24 Exhibit X: Motion to Set Specific Date, #25 Exhibit Y: Order-P's Motion to Set Specific Date, #26 Exhibit Z: Notice of Appeal, #27 Exhibit AA: Court's Letter to Counsel Setting Hrg, #28 Exhibit BB: Motion for Relief from Judgment, #29 Exhibit CC: Response to Pltf's Motion to Reconsider, #30 Exhibit DD: Motion to Set Specific Date, #31 Exhibit EE: Notice of Appeal Filed by Atty James Burns, #32 Exhibit FF: Order-Pltf's Motion to Set the Specific Date, #33 Exhibit GG: Order Overruling Def's Motion to Reconsider, #34 Exhibit HH: Motion for Damages Atty Fees on Loss, #35 Exhibit II: Exhibit A B-Attachment to BIS, #36 Exhibit JJ: BIS of Pltf's Motion for Damages Atty Fees, #37 Exhibit KK: Reply to Def's Resp to Pltf's Motion to Reconsider, #38 Exhibit LL: Order-Def's MPSJ, #39 Exhibit MM: D's Resp to Pltf's Motion for Attorney Fees, #40 Exhibit NN: Order to Fix Date, #41 Exhibit OO: Motion for Order to Fix Date, #42 Exhibit PP: Reply to D's Resp to Pltf's Mtn for Atty Fees, #43 Exhibit QQ: Order-Pltf is Awarded an Atty Fee, #44 Exhibit RR: Amended Notice of Appeal, #45 Exhibit SS: Transcript Filed by Court Reporter Paula Barden (3 Vols), #46 Exhibit TT: Motion for Relief from Judgment Decree or Order, #47 Exhibit UU: Order-Pltf's Motion to Fix the Date, #48 Exhibit VV: Motion for Order to Fix Date, #49 Exhibit WW: Courts Letter to Atty Burns, #50 Exhibit XX: Letter to Court from Atty James Burns Re MSJ, #51 Exhibit YY: Motion to Correct Records, #52 Exhibit ZZ: Order to Correct Records, #53 Exhibit AAA: From Ark Cout of Appeals, #54 Exhibit BBB: Opinion from Ark Court of Appeals, #55 Exhibit CCC: Letter to Clerk from Encompass Regarding Claim, #56 Exhibit DDD: Summons Issued to Allstate, #57 Exhibit EEE: Court's Email Regarding Scheduling Conference, #58 Exhibit FFF: Summons Issued to Encompass, #59 Exhibit GGG: Amended Complaint, #60 Exhibit HHH: Summons Issued to Encompass Ins Co., #61 Exhibit III: Pre-Trial Scheduling Order, #62 Exhibit JJJ: Answer of Encompass Ins Co and Encompass Indemnity, #63 Exhibit KKK: Affidavit of Service, #64 Exhibit LLL: Answer of DS Encompass, #65 Exhibit MMM: Order of 8-16-19 is Set Aside, #66 Exhibit NNN: P's Resp to Motion of Encompass, #67 Exhibit OOO: Motion for Compel Discovery, #68 Exhibit PPP: MTC Resp to RFP, #69 Exhibit QQQ: MTC Production of Documents, #70 Exhibit RRR: MTC to Int.)(mjm)
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Filing 1
CIVIL COVER SHEET for case initiated by Allstate Insurance Company. (mjm)
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CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: #2 Notice of Removal. You MUST pay the filing fee of $400.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 8/26/2020. (mjm)
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Notice of Removal filing fee paid re #2 Notice of Removal,,,,,,,,,,,,,,, : $ 400, receipt number AARWDC-2206830.. (Hill, Zachary)
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TEXT ONLY CLERK'S ORDER requiring parties to request a trial by jury within 14 days from date of this order, if desired and allowed by law. (mjm)
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