Wernette et al v. Gaynor et al
Plaintiff: Teresa Wernette and Phillip Wernette
Defendant: Pete T Gaynor, Alex Strawn Insurance Agency, Inc., State Farm Insurance Co., Jackson Adjustment Company, Inc. and Benjamin Andrade
Case Number: 6:2019cv06097
Filed: August 19, 2019
Court: US District Court for the Western District of Arkansas
Presiding Judge: Robert T Dawson
Referring Judge: Susan O Hickey
Nature of Suit: Insurance
Cause of Action: 42:4072
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 17, 2019 Filing 30 AMENDED COMPLAINT with Jury Demand as to #1 Complaint,, against Alex Strawn Insurance Agency, Inc., Benjamin Andrade, Pete T Gaynor, Jackson Adjustment Company, Inc., State Farm Insurance Co. , filed by Teresa Wernette, Phillip Wernette. Related document: #1 Complaint,, filed by Teresa Wernette, Phillip Wernette. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Hildebrand, Rachel)
October 17, 2019 Filing 29 RESPONSE IN OPPOSITION TO Motion re #23 MOTION to Dismiss filed by Phillip Wernette, Teresa Wernette. (Hildebrand, Rachel)
October 17, 2019 Filing 28 RESPONSE IN OPPOSITION TO Motion re #25 MOTION to Dismiss filed by Phillip Wernette, Teresa Wernette. (Hildebrand, Rachel)
October 16, 2019 Filing 27 INITIAL SCHEDULING ORDER: Rule 26(f) Conference to be held by 11/14/2019. JOINT Rule 26(f) Meeting Report due by 11/21/2019. Jury Trial set for the week of 11/2/2020 in Hot Springs -- 3rd flr (Rm 360) before Honorable Susan O. Hickey. Signed by Honorable Susan O. Hickey on October 16, 2019. (rwg)
October 9, 2019 Filing 26 MEMORANDUM BRIEF in Support of #25 MOTION to Dismiss by Jackson Adjustment Company, Inc.. (Moore, John)
October 9, 2019 Filing 25 MOTION to Dismiss by Jackson Adjustment Company, Inc.. (Moore, John)
October 7, 2019 Filing 24 MEMORANDUM BRIEF in Support of #23 MOTION to Dismiss by State Farm Insurance Co.. (Moore, John)
October 7, 2019 Filing 23 MOTION to Dismiss by State Farm Insurance Co.. (Moore, John)
October 4, 2019 Filing 22 AFFIDAVIT of Service for Summons and Complaint, filed by Teresa Wernette, Phillip Wernette. Pete T Gaynor served on 9/25/2019, answer due 10/16/2019. (Hildebrand, Rachel)
October 4, 2019 Filing 21 AFFIDAVIT of Service for Summons and Complaint, filed by Teresa Wernette, Phillip Wernette. Pete T Gaynor served on 9/23/2019, answer due 10/15/2019. (Hildebrand, Rachel)
September 20, 2019 Reset Answer due Deadlines: Jackson Adjustment Company, Inc. answer due 10/9/2019; State Farm Insurance Co. answer due 10/16/2019. Incorrect service date entered on affidavit entries. (lw) Modified on 9/23/2019 to edit dates (hnc).
September 19, 2019 Filing 20 AFFIDAVIT of Service for Summons, Complaint, filed by All Plaintiffs. State Farm Insurance Co. served on 8/30/2019, answer due 10/16/2019. (Hildebrand, Rachel) Modified on 9/20/2019 to edit service and answer due dates(lw). Modified on 9/23/2019 to correct date (hnc).
September 19, 2019 Filing 19 AFFIDAVIT of Service for Summons, Complaint, filed by All Plaintiffs. Benjamin Andrade served on 8/31/2019, answer due 10/9/2019. (Hildebrand, Rachel)
September 19, 2019 Filing 18 AFFIDAVIT of Service for Summons, Complaint, filed by All Plaintiffs. Alex Strawn Insurance Agency, Inc. served on 8/29/2019, answer due 9/19/2019. (Hildebrand, Rachel)
September 19, 2019 Filing 17 AFFIDAVIT of Service for Summons, Complaint, filed by All Plaintiffs. Jackson Adjustment Company, Inc. served on 09/04/2019, answer due 10/9/2019. (Hildebrand, Rachel) Modified on 9/20/2019 to edit service and answer due dates (lw). Modified on 9/23/2019 to correct date (hnc).
September 18, 2019 Opinion or Order Filing 16 ORDER granting #14 Motion for Extension of Time to File. Defendants Jackson Adjustment Company, Inc. and Benjamin Andrade shall file their answer or an otherwise responsive pleading by 10/9/19. Signed by Honorable Susan O. Hickey on September 18, 2019. (hnc)
September 18, 2019 Opinion or Order Filing 15 ORDER granting #12 Motion for Extension of Time to File. State Farm shall file its answer or an otherwise responsive pleading on or before 10/16/19. Signed by Honorable Susan O. Hickey on September 18, 2019. (hnc)
September 17, 2019 Filing 14 Unopposed MOTION for Extension of Time to File Initial Responsive Pleading by Benjamin Andrade, Jackson Adjustment Company, Inc.. (Moore, John)
September 17, 2019 Filing 13 NOTICE of Appearance by John E. Moore on behalf of Benjamin Andrade, Jackson Adjustment Company, Inc.. (Moore, John)
September 17, 2019 Filing 12 Unopposed MOTION for Extension of Time to File Initial Responsive Pleading by State Farm Insurance Co.. (Attachments: #1 Exhibit Email)(Moore, John)
September 17, 2019 Filing 11 NOTICE of Appearance by John E. Moore on behalf of State Farm Insurance Co.. (Moore, John)
August 27, 2019 Filing 10 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Alex Strawn Insurance Agency, Inc., Benjamin Andrade, Pete T Gaynor, Jackson Adjustment Company, Inc., State Farm Insurance Co. and returned to attorney or plaintiff for service. YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (mjm) (Main Document 10 replaced on 8/27/2019) (mjm).
August 27, 2019 Filing 9 THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to State Farm Insurance Company for service of the following document: #1 Complaint,,. (Hildebrand, Rachel)
August 27, 2019 Filing 8 THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to Jackson Adjustment Company, Inc. for service of the following document: #1 Complaint,,. (Hildebrand, Rachel)
August 27, 2019 Filing 7 THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to Federal Emergency Management Agency for service of the following document: #1 Complaint,,. (Hildebrand, Rachel)
August 27, 2019 Filing 6 THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to Alex Strawn Insurance Agency, Inc. for service of the following document: #1 Complaint,,. (Hildebrand, Rachel)
August 27, 2019 Filing 5 THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to Benjamin Andrade for service of the following document: #1 Complaint,,. (Hildebrand, Rachel)
August 27, 2019 Filing 4 TEXT ONLY ORDER REASSIGNING CASE. Case reassigned to Honorable Susan O. Hickey for all further proceedings. Honorable Robert T. Dawson no longer assigned to case. Signed by Honorable Robert T. Dawson on August 27, 2019. (mcc) Modified on 8/28/2019 to edit text (hnc).
August 20, 2019 Complaint fee received: $400.00, receipt number 2021731. (mjm)
August 19, 2019 Filing 3 Magistrate Notice/Consent Form. (hnc)
August 19, 2019 Filing 2 CIVIL COVER SHEET for case initiated by Phillip Wernette, Teresa Wernette. (hnc)
August 19, 2019 CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: #1 Complaint. 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 8/21/2019.(hnc)
August 19, 2019 Filing 1 COMPLAINT with Jury Demand against Alex Strawn Insurance Agency, Inc., Benjamin Andrade, Pete T Gaynor, Jackson Adjustment Company, Inc., State Farm Insurance Co., filed by Teresa Wernette, Phillip Wernette. (Attachments: #1 Exhibit A: Coverage Page, #2 Exhibit B: 8/20/18 Denial Letter, #3 Exhibit C: Contractor's Invoice, #4 Exhibit D: 4/7/18 Letter from FEMA to Insured, #5 Exhibit E: 2/23/18 Letter from FEMA to Insured, #6 Exhibit F: Text Message to Adjuster, #7 Exhibit G: Scrap of Paper from Adjsutor, #8 Exhibit H: Appeal. Policy No. SF00589851, #9 Exhibit I: Acknowledge of Appeal)(hnc)

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Plaintiff: Teresa Wernette
Represented By: Michael L. Alexander
Represented By: Rachel E. Hildebrand
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Plaintiff: Phillip Wernette
Represented By: Michael L. Alexander
Represented By: Rachel E. Hildebrand
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Defendant: Pete T Gaynor
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Defendant: Alex Strawn Insurance Agency, Inc.
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Defendant: State Farm Insurance Co.
Represented By: John E. Moore
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Defendant: Jackson Adjustment Company, Inc.
Represented By: John E. Moore
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Defendant: Benjamin Andrade
Represented By: John E. Moore
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