Armstead v. Allstate Property & Casualty Insurance Company
| Elaine Armstead |
| Allstate Property & Casualty Insurance Company |
| 1:2014cv00586 |
| February 27, 2014 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Cobb |
| William S. Duffey |
| Insurance |
| 28 U.S.C. ยง 1441 |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
197
OPINION AND ORDER. Respondent Sandra Finch's Motion for Reconsideration of the Court's November 21, 2017, Order Denying Supersedeas and Ordering Posting of Bond 196 is GRANTED subject to the conditions stated below. Respondent Sandra Finc h shall, on or before December 8, 2017, deposit $1,548.00, plus interest, into the Registry of the Court. These funds shall be held in the Registry pending the U.S. Supreme Court's decision as to whether it will grant or deny certio rari regarding the Eleventh Circuit's decision dated July 14, 2017. If the U.S. Supreme Court denies Ms. Finch's petition for writ of certiorari, or Ms. Finch does not perfect her petition for writ of certiorari by December 12, 2017, or M s. Finch fails to comply with the rules regarding the filing and briefing of a petition for writ of certiorari, Ms. Finch shall, within thirty (30) days of the denial, or the failure to comply, whichever is sooner, submit the Article required by this Court's November 8, 2017, order. Signed by Judge William S. Duffey, Jr on 11/29/2017. c:Financial Office(bgt)
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Filing
195
OPINION AND ORDER. Respondent Sandra Finch's Motion to Stay Mandate Pending Ruling on Petition for Writ of Certiorari 191 is DENIED. Respondent Sandra Finch shall, on or before November 30, 2017, deposit $1,548.00, plus interest, into th e Registry of the Court. These funds shall be held in the Registry pending the Supreme Court's decision as to whether it will grant or deny certiorari regarding the Eleventh Circuit's decision dated July 14, 2017. If the U.S. Supreme Court denies Ms. Finch's petition for certiorari, Ms. Finch shall, within thirty (30) days of the denial, submit the article required by this Court's November 8, 2017 order. Signed by Judge William S. Duffey, Jr on 11/21/2017. c: Financial Office (bgt) Modified docket text on 11/21/2017 (bgt).
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Filing
167
OPINION AND ORDER directing that Respondent Sandra Finch shall, on or before January 6, 2017, pay Defendant Allstate Property & Casualty Insurance Company the amount of $1,548.00. Payment shall be made by cashiers check or other good funds. Signed by Judge William S. Duffey, Jr on 12/21/16. (ddm)
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Filing
165
OPINION AND ORDER. The Court finds Attorney Sandra Finch refused, in bad faith, to comply with lawful orders of the Court, and the Court exercises its inherent power to sanction her. Defendant Allstate Property & Casualty Insurance Company shall, on or before December 16, 2016, submit to the Court the attorney's fees it incurred in connection with its participation in the pretrial conference and the Contempt Hearing. Respondent shall, on or before February 28, 2017, personally author and s ubmit for publication to the Georgia Bar Journal and the Arizona Attorney an article discussing the practical and legal consequences of failing to be candid with the court and failing to comply with court rules and orders. The article shall be no fe wer than 5,000 words in length and Respondent shall, on or before March 15, 2017, submit to the Court a copy of the article, evidence of each Publication's receipt of the article, and that Respondent asked for it to be considered for publication. Signed by Judge William S. Duffey, Jr on 12/6/2016. (bgt)
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Filing
161
OPINION AND ORDER. Counsel for Respondent shall seek to arrange a telephone conference with Respondent's counsel, the Court, and Respondent's physician regarding Respondent's scheduling of her procedure, her travel restrictions, and her ability to attend the Hearing. The Hearing currently scheduled for November 22, 2016, at 9:30 a.m is continued. The Hearing shall be held on November 29, 2016, at 9:30 a.m. In the event Respondent is unable to travel for four (4) weeks, the Hea ring will be held on December 15, 2016, at 2:30 p.m. If Respondent is able to travel before four (4) weeks, the Court will set an earlier hearing date. No further request to continue the Hearing will be allowed or granted. Signed by Judge William S. Duffey, Jr on 11/16/2016. (bgt)
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Filing
159
OPINION AND ORDER. The Court shall hold a hearing on November 22, 2016, at 9:30 a.m., in Courtroom 1705, United States Courthouse, 75 Ted Turner Drive SW, Atlanta, Georgia 30303, to determine whether the Court should exercise its inherent authority and, if so, whether sanctions are appropriate. Signed by Judge William S. Duffey, Jr on 10/26/2016. (bgt)
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Filing
135
ORDER AND OPINION. Defendant Allstate Property & Casualty Insurance Company's Motion to Quash Subpoena Served on Mark Gould 130 is DENIED. Plaintiff is required to call Mr. Gould as her first witness on Monday, July 11, 2016. The Court's Gould Deposition Order 126 applies also to Mr. Gould's testimony at trial, and the parties may not question Mr. Gould as to matters the Court already has deemed inadmissible. Plaintiff's request for attorneys' fees is DENIED, and, because Plaintiff reneged on her agreement to use the deposition of Mr. Gould, she shall remit to Allstate the $200 it contributed to expenses of Mr. Goulds deposition. Signed by Judge William S. Duffey, Jr on 7/7/2016. (bgt)
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Filing
126
ORDER AND OPINION. This matter is before the Court on the parties' deposition designation objections 119 , 122 as to the deposition testimony of Mark Gould. The Court notes first that much of the deposition testimony consists of attorney ob jections, arguments, commentary, comments, or discussion. The parties shall exclude all attorney objections, arguments, commentary, comments, and discussion from the testimony of Mr. Gould that is allowed to be played or read at trial. That is, any questions to and answers by Mr. Gould may be offered at trial. Turning to the parties specific objections, the Court rules as follows: (See Order.) Signed by Judge William S. Duffey, Jr on 7/6/2016. (bgt)
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Filing
86
OPINION AND ORDER denying 76 Motion for Reconsideration. Signed by Judge William S. Duffey, Jr on 3/11/2016. (anc)
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Filing
75
OPINION AND ORDER that Plaintiff Elaine Armstead's Motion for Reconsideration of Court's Order Excluding Testimony of Bruce Fredrics and Brainard Miller and Citation to Authority 72 and Supplement to Plaintiff's Motion for Reconsideration 73 are DENIED. Signed by Judge William S. Duffey, Jr on 3/8/2016. (anc)
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Filing
44
OPINION AND ORDER DENYING 28 Motion for Summary Judgment; DENYING WITHOUT PREJUDICE 35 Motion in Limine to Exclude the Opinion Testimony of Brainard Miller and 33 Motion in Limine to Exclude the Opinion Testimony of Bruce Fredrics. Signed by Judge William S. Duffey, Jr on 5/20/2015. (adg)
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Filing
39
OPINION AND ORDER that Allstate's Motion for Leave 16 is GRANTED NUNC PRO TUNC. IT IS FURTHER ORDERED that Plaintiff's Motion to Remand 13 is DENIED. IT IS FURTHER ORDERED that Allstate's Motion to Dismiss 4 is GRANTED IN PART. A llstate's Motion to Dismiss Plaintiff's claims for negligent hiring, supervision, training and retention (Count VII), fraud (Count VIII), Georgia RICO (Count IX), punitive damages (Count X), and attorney's fees (Count XI) is GRANTED an d those claims are DISMISSED WITH PREJUDICE. Allstate's Motion to Dismiss Plaintiff's claims for breach of the covenant of good faith and fair dealing (Count II) and unfair claims settlement procedures (Counts V and VI) is DENIED AS MOOT, those claims having been dismissed in the Court's July 18, 2014, Order. Signed by Judge William S. Duffey, Jr on 12/3/2014. (anc)
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| Plaintiff: Elaine Armstead | |
| Represented By: | Sandra Lee Finch |
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| Defendant: Allstate Property & Casualty Insurance Company | |
| Represented By: | Marvin Dewayne Dikeman |
| Represented By: | Melissa Cordell Patton |
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