Robert Spong, et al v. Fidlty Natl Prop & Cslty Ins, et al
ROBERT SPONG and KERRY SPONG |
CRYSTAL BEACH INSURANCE AGENCY, L.L.C., UNITED STATES OF AMERICA, FIDELITY NATIONAL PROPERTY AND CASUALTY INSURANCE COMPANY and FIDELITY NATIONAL INSURANCE SERVICES, L.L.C. |
16-41165 |
August 15, 2016 |
U.S. Court of Appeals, Fifth Circuit |
Insurance |
Docket Report
This docket was last retrieved on August 29, 2017. A more recent docket listing may be available from PACER.
Document Text |
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MANDATE ISSUED. Mandate pull date satisfied. [16-41165] (Jd) [Entered: 08/29/2017 10:42 AM] |
UNPUBLISHED OPINION FILED. [16-41165 Affirmed] Judge: CDK, Judge: ECP, Judge: LHS. Mandate pull date is 08/28/2017 [16-41165] (EAB) [Entered: 07/05/2017 03:07 PM] |
JUDGMENT ENTERED AND FILED. [16-41165] (EAB) [Entered: 07/05/2017 03:10 PM] |
CHANGE CALENDAR information. The panel to whom the above referenced case is assigned has determined under FRAP 34(a) that oral argument will not be required in this case. Therefore, counsel need not appear for argument on Wednesday, July 5, 2017. [16-41165] (PFT) [Entered: 06/15/2017 12:58 PM] |
CASE CALENDARED for oral argument on Wednesday, 07/05/2017 in New Orleans in the East Courtroom -- AM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court's docket and an acknowledgment form. All other counsel of record should monitor the court's website for the posting of the oral argument calendars.. [16-41165] (PFT) [Entered: 05/18/2017 08:54 AM] |
TENTATIVE CALENDAR changed from week of 06/05/2017 to week of 07/03/2017. With Argument? Yes. [16-41165] (GAM) [Entered: 04/13/2017 12:27 PM] |
CASE TENTATIVELY calendared for oral argument for the week of 06/05/2017. [16-41165] (GAM) [Entered: 04/07/2017 06:29 AM] |
Paper copies of appellant reply brief filed by Appellants Mr. Robert Spong and Mr. Kerry Spong in 16-41165 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [16-41165] (Jd) [Entered: 03/15/2017 02:17 PM] |
SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED [16-41165] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellees Fidelity National Insurance Services, L.L.C. and Fidelity National Property and Casualty Insurance Company Date of Service: 03/10/2017 via email - Attorney for Appellant: Doggett; Attorney for Appellees: Carter, Chaifetz, Jones, Nielsen, Treas, Walker; US mail - Attorney for Appellees: Benavides, Nelson [16-41165] (John Dennis Carter ) [Entered: 03/10/2017 10:36 AM] |
APPELLANT'S REPLY BRIEF FILED. Reply Brief deadline satisfied. Paper Copies of Brief due on 03/13/2017 for Appellants Kerry Spong and Robert Spong. [16-41165] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Mr. Kerry Spong and Mr. Robert Spong. Date of service: 03/02/2017 via email - Attorney for Appellant: Doggett; Attorney for Appellees: Carter, Chaifetz, Jones, Nielsen, Treas, Walker [16-41165] (Jeffrey Doggett ) [Entered: 03/02/2017 06:40 PM] |
CLERK ORDER granting motion to extend time to file reply brief filed by Appellants Mr. Robert Spong and Mr. Kerry Spong [ # 8427388-2 ] Reply Brief deadline updated to 03/02/2017 for Appellants Kerry Spong and Robert Spong [16-41165] (CAS) [Entered: 02/16/2017 08:56 AM] |
Paper copies of appellee brief filed by Appellee USA in 16-41165 received. Paper copies match electronic version of document? Yes. # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [16-41165] (Jd) [Entered: 02/16/2017 03:42 PM] |
UNOPPOSED MOTION filed by Appellants Mr. Kerry Spong and Mr. Robert Spong to extend time to file reply brief until 03/02/2017 [8427388-2]. Date of service: 02/15/2017 via email - Attorney for Appellant: Doggett; Attorney for Appellees: Carter, Chaifetz, Jones, Nielsen, Treas, Walker [16-41165] (Jeffrey Doggett ) [Entered: 02/15/2017 04:05 PM] |
APPELLEE'S BRIEF FILED. E/Res's Brief deadline satisfied. Reply Brief due on 02/23/2017 for Appellants Kerry Spong and Robert Spong. Paper Copies of Brief due on 02/15/2017 for Appellee United States of America. [16-41165] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by USA. Date of service: 02/09/2017 via email - Attorney for Appellant: Doggett; Attorney for Appellees: Benavides, Carter, Chaifetz, Jones, Nelson, Nielsen, Treas, Walker [16-41165] (Samantha Lee Chaifetz ) [Entered: 02/09/2017 10:54 PM] |
CLERK ORDER granting motion to extend time to file appellee's brief filed by Appellee USA [ # 8404908-2 ] Appellee's Brief due on 02/09/2017 for Appellee United States of America [16-41165] (CAS) [Entered: 01/19/2017 03:06 PM] |
UNOPPOSED MOTION filed by Appellee USA United States to extend time to file brief of appellee until 02/09/2017 [8404908-2]. Date of service: 01/19/2017 via email - Attorney for Appellant: Doggett; Attorney for Appellees: Carter, Chaifetz, Jones, Nielsen, Treas, Walker; US mail - Attorney for Appellees: Benavides, Nelson [16-41165] (Samantha Lee Chaifetz ) [Entered: 01/19/2017 11:46 AM] |
FILING OVERDUE BRIEF NOTICE dated 01/05/2017 issued to Appellee Crystal Beach Insurance Agency, L.L.C.. No response received. E/Res's Brief deadline canceled. Motion due deadline satisfied. [16-41165] (JMW) [Entered: 01/18/2017 09:49 AM] |
Paper copies of appellee brief filed by Appellees Fidelity National Property and Casualty Insurance Company and Fidelity National Insurance Services, L.L.C. in 16-41165 received. Paper copies match electronic version of document? Yes. # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [16-41165] (Jd) [Entered: 01/18/2017 04:23 PM] |
PROPOSED SUFFICIENT BRIEF filed by Appellees Fidelity National Property and Casualty Insurance Company and Fidelity National Insurance Services, L.L.C. in 16-41165 [ # 8398387-2 ] Date of service: 01/12/2017 via email - Attorney for Appellant: Doggett; Attorney for Appellees: Carter, Chaifetz, Jones, Nielsen, Treas, Walker; US mail - Attorney for Appellees: Benavides, Nelson [16-41165] (John Dennis Carter ) [Entered: 01/12/2017 09:11 AM] |
SUFFICIENT APPELLEE'S BRIEF FILED. Sufficient Brief deadline satisfied. Paper Copies of Brief due on 01/23/2017 for Appellees Fidelity National Insurance Services, L.L.C. and Fidelity National Property and Casualty Insurance Company. [16-41165] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED. Brief NOT Sufficient as it requires a correct case caption. Additionally the Statement of Issues category is not double spaced as required. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. E/Res's Brief deadline satisfied. Sufficient Brief due on 01/24/2017 for Appellees Fidelity National Insurance Services, L.L.C. and Fidelity National Property and Casualty Insurance Company. [16-41165] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by Fidelity National Insurance Services, L.L.C. and Fidelity National Property and Casualty Insurance Company. Date of service: 01/10/2017 via email - Attorney for Appellant: Doggett; Attorney for Appellees: Carter, Chaifetz, Jones, Nielsen, Treas, Walker; US mail - Attorney for Appellees: Benavides, Nelson [16-41165] (John Dennis Carter ) [Entered: 01/10/2017 04:19 PM] |
NOTICE ISSUED TO APPELLEE - Brief is overdue. Motion to file brief out of time due on 01/17/2017 for Appellee Crystal Beach Insurance Agency, L.L.C. [16-41165] (JMW) [Entered: 01/05/2017 08:47 AM] |
UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellees Fidelity National Insurance Services, L.L.C. and Fidelity National Property and Casualty Insurance Company for filing Unopposed Motion to Extend Time until 01/10/2017 at 05:00 pm. [16-41165] (John Dennis Carter ) [Entered: 12/14/2016 01:54 PM] |
EXTENSION RECEIVED for Appellees Fidelity National Insurance Services, L.L.C. and Fidelity National Property and Casualty Insurance Company. Extension Granted to and including 01/10/2017. E/Res's Brief deadline updated to 01/10/2017 for Appellees Fidelity National Insurance Services, L.L.C. and Fidelity National Property and Casualty Insurance Company [16-41165] (JMW) [Entered: 12/14/2016 02:12 PM] |
CLERK ORDER granting motion to extend time to file appellee's brief filed by Appellee USA [ # 8376283-2 ] Appellee's Brief due on 01/26/2017 for Appellee United States of America [16-41165] (JMW) [Entered: 12/12/2016 09:11 AM] |
Paper copies of record excerpts filed by Appellants Mr. Robert Spong and Mr. Kerry Spong in 16-41165 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [16-41165] (Jd) [Entered: 12/12/2016 03:15 PM] |
UNOPPOSED MOTION filed by Appellee USA United States to extend time to file brief of appellee until 01/26/2017 [8376283-2]. Date of service: 12/09/2016 via email - Attorney for Appellant: Doggett; Attorney for Appellees: Carter, Chaifetz, Jones, Nielsen, Treas, Walker; US mail - Attorney for Appellees: Benavides, Nelson [16-41165] (Samantha Lee Chaifetz ) [Entered: 12/09/2016 12:11 PM] |
APPEARANCE FORM FILED by Attorney(s) Samantha Lee Chaifetz for party(s) Appellee USA, in case 16-41165 [16-41165] (JMW) [Entered: 12/06/2016 11:07 AM] |
APPEARANCE FORM for Samantha Chaifetz on behalf of the United States for the court's review. Lead Counsel? Yes.. THE IMAGE FOR THIS FILING WILL NOT BE VIEWABLE AS IT CONTAINS SENSITIVE INFORMATION. [16-41165] (Samantha Lee Chaifetz ) [Entered: 12/05/2016 02:04 PM] |
PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellants Mr. Robert Spong and Mr. Kerry Spong in 16-41165 [ # 8367480-2 ] Date of service: 12/03/2016 via email - Attorney for Appellant: Doggett; Attorney for Appellees: Benavides, Carter, Jones, Nelson, Nielsen, Treas, Walker [16-41165] (Jeffrey Doggett ) [Entered: 12/03/2016 03:52 PM] |
SUFFICIENT RECORD EXCERPTS FILED. # of Copies Provided: 0 Sufficient Record Excerpts deadline satisfied. Paper Copies of Record Excerpts due on 12/12/2016 for Appellants Kerry Spong and Robert Spong. [16-41165] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED. Record Excerpts NOT Sufficient as the Tabs must be Numbered, and not Lettered. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Record Excerpts deadline satisfied. Sufficient Record Excerpts due on 12/13/2016 for Appellants Kerry Spong and Robert Spong [16-41165] (Jeffrey Doggett ) [Entered: 11/29/2016 03:22 PM] |
Paper copies of appellant brief filed by Appellants Mr. Robert Spong and Mr. Kerry Spong in 16-41165 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [16-41165] (Jd) [Entered: 12/01/2016 11:55 AM] |
DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the premature paper copies of Record Excerpts received from Appellants Mr. Kerry Spong and Mr. Robert Spong because counsel submitted copies of a deficient document. [16-41165] (Jd) [Entered: 12/01/2016 12:09 PM] |
APPELLANT'S BRIEF FILED. Additionally the Record Excerpts image has been deleted, as they must be filed as a seprate docket entry. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. A/Pet's Brief deadline satisfied. Paper Copies of Brief due on 11/28/2016 for Appellants Kerry Spong and Robert Spong.. Appellee's Brief due on 12/27/2016 for Appellees Crystal Beach Insurance Agency, L.L.C., Fidelity National Insurance Services, L.L.C., Fidelity National Property and Casualty Insurance Company and United States of America. Record Excerpts due on 12/05/2016 for Appellants Kerry Spong and Robert Spong [16-41165] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. Kerry Spong and Mr. Robert Spong. Date of service: 11/21/2016 via email - Attorney for Appellant: Doggett; Attorney for Appellees: Carter, Jones, Nielsen, Treas, Walker [16-41165] (Jeffrey Doggett ) [Entered: 11/21/2016 05:33 PM] |
BRIEFING NOTICE ISSUED A/Pet's Brief Due on 11/21/2016 for Appellants Kerry Spong and Robert Spong. [16-41165] (DDL) [Entered: 10/12/2016 01:51 PM] |
ELECTRONIC RECORD ON APPEAL FILED. Exhibits on File in District Court? Yes. Electronic ROA deadline satisfied. [16-41165] (DDL) [Entered: 10/12/2016 01:50 PM] |
APPEARANCE FORM FILED by Attorney Krystal Dawn Walker for Appellee USA in 16-41165 [16-41165] (Jd) [Entered: 10/06/2016 03:52 PM] |
APPEARANCE FORM received from Ms. Krystal Dawn Walker for USA for the court's review. Lead Counsel? Yes.. THE IMAGE FOR THIS FILING WILL NOT BE VIEWABLE AS IT CONTAINS SENSITIVE INFORMATION. [16-41165] (Krystal Dawn Walker ) [Entered: 10/05/2016 08:18 AM] |
TRANSCRIPT FILED IN DISTRICT COURT Transcript Order: Court Reporter: Mary Henry, Dt. Filed in Dist. Ct: 09/16/2016 [16-41165] (JMW) [Entered: 10/04/2016 01:55 PM] |
ELECTRONIC RECORD ON APPEAL REQUESTED FROM DISTRICT COURT for 3:10-CV-228. Electronic ROA due on 10/07/2016. [16-41165] (JMW) [Entered: 10/04/2016 01:56 PM] |
Attorney Ms. Krystal Dawn Walker for Appellee USA is advised to resubmit appearance form. Reason: No signature on appearance form. [16-41165] (LBM) [Entered: 10/04/2016 02:31 PM] |
APPEARANCE FORM received from Ms. Krystal Dawn Walker for USA for the court's review. Lead Counsel? Yes.. THE IMAGE FOR THIS FILING WILL NOT BE VIEWABLE AS IT CONTAINS SENSITIVE INFORMATION. [16-41165] (Krystal Dawn Walker ) [Entered: 10/03/2016 03:11 PM] |
ATTORNEY TRANSCRIPT ORDER form filed by Appellants Mr. Kerry Spong and Mr. Robert Spong for the Court to process. Date of service: 10/03/2016 via email - Attorney for Appellant: Doggett; Attorney for Appellees: Carter, Jones, Nielsen, Treas, Walker; US mail - Attorney for Appellees: Benavides, Nelson. [16-41165] (Jeffrey Doggett ) [Entered: 10/03/2016 09:51 AM] |
TRANSCRIPT ORDER received from Appellants Mr. Kerry Spong and Mr. Robert Spong. DETAILS: Transcript Order: Court Reporter: Mary Henry, Proceeding Type and Date: Motion to Remand Hearing 09/08/2010 , Motion to Dismiss Hearing 02/02/2011 , Motion to Dismiss Hearing 07/11/2011 , Motion for Summary Judgment Hearing 10/02/2013. Transcript Order ddl satisfied. Electronic Filing Processed: [ # 8322905-2 ] [16-41165] (JMW) [Entered: 10/04/2016 01:55 PM] |
APPEARANCE FORM FILED by Attorney Jeffrey Lynn Doggett for Appellant Kerry Spong in 16-41165, Attorney Jeffrey Lynn Doggett for Appellant Robert Spong in 16-41165 [16-41165] (RLL) [Entered: 09/14/2016 09:29 AM] |
ATTORNEY TRANSCRIPT ORDER form filed by Appellants Mr. Kerry Spong and Mr. Robert Spong for the Court to process. Date of service: 09/12/2016 via email - Attorney for Appellant: Doggett; Attorney for Appellees: Carter, Jones, Nielsen, Treas, Walker; US mail - Attorney for Appellees: Benavides, Nelson. [16-41165] (Jeffrey Doggett ) [Entered: 09/12/2016 10:22 AM] |
APPEARANCE FORM received from Mr. Jeffrey Lynn Doggett for Mr. Robert Spong and Mr. Kerry Spong for the court's review. Lead Counsel? Yes.. THE IMAGE FOR THIS FILING WILL NOT BE VIEWABLE AS IT CONTAINS SENSITIVE INFORMATION. [16-41165] (Jeffrey Doggett ) [Entered: 09/12/2016 10:48 AM] |
TRANSCRIPT ORDER received from Appellants Mr. Kerry Spong and Mr. Robert Spong and returned because pursuant to this court's prior 8/25/16 notice, counsel still has not identified the " type of proceeding" to correspond with the dates being ordered. The form request the " hearing dates" and "proceeding". Form must be corrected and electronically filed in our court. Transcript Order deadline updated to 09/27/2016 for Appellants Kerry Spong and Robert Spong [16-41165] (JMW) [Entered: 09/13/2016 10:39 AM] |
APPEARANCE FORM FILED by Attorney(s) William Truman Treas for party(s) Appellee Fidelity National Insurance Services, L.L.C. Appellee Fidelity National Property and Casualty Insurance Company, in case 16-41165 [16-41165] (LCA) [Entered: 09/09/2016 09:05 AM] |
APPEARANCE FORM FILED by Attorney(s) Gerald Joseph Nielsen for party(s) Appellee Fidelity National Insurance Services, L.L.C. Appellee Fidelity National Property and Casualty Insurance Company, in case 16-41165 [16-41165] (CAS) [Entered: 09/07/2016 09:19 AM] |
APPEARANCE FORM FILED by Attorney John Dennis Carter for Appellee Fidelity National Property and Casualty Insurance Company in 16-41165, by Attorney(s) John Dennis Carter for party(s) Appellee Fidelity National Insurance Services, L.L.C., in case 16-41165 [16-41165] (CAS) [Entered: 09/07/2016 09:34 AM] |
APPEARANCE FORM for the court's review. Lead Counsel? No.. THE IMAGE FOR THIS FILING WILL NOT BE VIEWABLE AS IT CONTAINS SENSITIVE INFORMATION. [16-41165] (Gerald Joseph Nielsen ) [Entered: 09/01/2016 12:33 PM] |
APPEARANCE FORM received from Mr. John Dennis Carter, Esq. for Fidelity National Property and Casualty Insurance Company for the court's review. Lead Counsel? Yes.. THE IMAGE FOR THIS FILING WILL NOT BE VIEWABLE AS IT CONTAINS SENSITIVE INFORMATION. [16-41165] (John Dennis Carter ) [Entered: 09/01/2016 12:29 PM] |
APPEARANCE FORM for the court's review. Lead Counsel? No.. THE IMAGE FOR THIS FILING WILL NOT BE VIEWABLE AS IT CONTAINS SENSITIVE INFORMATION. [16-41165] (William Treas ) [Entered: 09/01/2016 12:38 PM] |
DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the transcript order form received from Appellants Mr. Kerry Spong and Mr. Robert Spong because it must be electronically filed. Further: the form does not adequately detail the proceedings required and the court reporter/ERO must be listed [16-41165] (CAG) [Entered: 08/25/2016 01:36 PM] |
ATTORNEY NOT PARTICIPATING. Nancy Ann Leonard is designated as inactive in this case. Reason:retired. [16-41165] (LCA) [Entered: 08/23/2016 08:59 AM] |
Attorney Krystal Dawn Walker added as counsel of record for Appellee USA in 16-41165 [16-41165] (LCA) [Entered: 08/23/2016 09:01 AM] |
INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [8287990-2] Initial AA Check Due satisfied.. Transcript order due on 09/06/2016 for Appellants Kerry Spong and Robert Spong [16-41165] (LCA) [Entered: 08/19/2016 10:37 AM] |
US CIVIL CASE docketed. NOA filed by Appellants Mr. Kerry Spong and Mr. Robert Spong [16-41165] (LCA) [Entered: 08/15/2016 10:52 AM] |
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