Hayes v. Transportation Insurance Company
Plaintiff: Michael W Hayes, Jr
Defendant: Transportation Insurance Company, CNA Financial Corporation doing business as CNA Commercial Insurance and Randall L Hendricks
Case Number: 4:2023cv00124
Filed: March 30, 2023
Court: US District Court for the Northern District of Oklahoma
Presiding Judge: Claire V Eagan
Referring Judge: Susan E Huntsman
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 25, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 25, 2023 Opinion or Order Filing 28 SCHEDULING ORDER by Judge Claire V Eagan (INITIAL), setting/resetting scheduling order date(s): (Motions in Limine due by 3/18/2024); ( Discovery due by 12/27/2023, Dispositive Motions due by 1/31/2024, Proposed Pretrial Order due by 4/29/2024, Pretrial Conference set for 5/7/2024 at 09:30 AM before Judge Claire V Eagan, Jury Trial set for 5/20/2024 at 09:15 AM before Judge Claire V Eagan) (RGG, Chambers)
May 24, 2023 Opinion or Order Filing 27 JOINT STATUS REPORT by Transportation Insurance Company (With attachments) (Jayne, Andrew)
May 16, 2023 Opinion or Order Filing 26 OPINION AND ORDER by Judge Claire V Eagan - Plaintiff's petition (Dkt. # 2-1) is dismissed without prejudice, in part, as to all claims asserted against defendant Randall L. Hendricks, M.D. and Dr. Hendricks is dismissed without prejudice from this action. Plaintiff's motion to withdraw his motion to remand (Dkt. # 25) is denied. Plaintiff's motion to remand (Dkt. # 11) is denied, as the Court has subject matter jurisdiction pursuant to 28 U.S.C. 1332. Defendant CNA Financial Corporation's motion to dismiss for lack of personal jurisdiction (Dkt. # 13) is granted. Plaintiff's petition (Dkt. # 2-1) is dismissed without prejudice, in part, as to all claims asserted against defendant CNA Financial Corporation and it is dismissed without prejudice from this action. Count one of plaintiff's petition is the only count remaining, and it remains pending against defendant Transportation Insurance Company only. Plaintiff and defendant Transportation Insurance Company shall file a joint status report no later than May 24, 2023. ; directing parties to file joint status report ( Status Report due by 5/24/2023); terminating party CNA Financial Corporation and Randall L Hendricks (M.D., individually) ; denying #11 Motion to Remand; granting #13 Motion to Dismiss for Lack of Jurisdiction; denying #25 Motion to Withdraw Documents(s) (Re: State Court Petition/Complaint, #2 Notice of Removal, #11 MOTION to Remand , #13 MOTION to Dismiss for Lack of Jurisdiction , #25 MOTION to Withdraw Document(s) ) (RGG, Chambers)
May 15, 2023 Opinion or Order Filing 25 MOTION to Withdraw Document(s) (Re: #11 MOTION to Remand ) by Michael W Hayes, Jr (Ingle, J)
April 25, 2023 Opinion or Order Filing 24 REPLY to Response to Motion (Re: #13 MOTION to Dismiss for Lack of Jurisdiction ) by CNA Financial Corporation ; (With attachments) (Jayne, Andrew)
April 25, 2023 Opinion or Order Filing 23 MINUTE ORDER by Judge Claire V Eagan , : Counsel for defendant Transportation Insurance Company is directed to provide, forthwith and in a three-ring binder notebook for use by the Court, a paper copy of the document and/or exhibit(s) as filed at Dkt. #22 . Said paper copy shall be a COMPLETE and EXACT duplicate of the filing AFTER it is filed with the Court, including the case and docket number information at the top of each page. Counsel shall not reorganize the filing or insert other separately docketed items. If a copy of a sealed item is ordered by the Court, then said copy shall be a separate and complete submission. (Re: #22 Response in Opposition to Motion ) (This entry is the Official Order of the Court. No document is attached.) (RGG, Chambers)
April 24, 2023 Opinion or Order Filing 22 RESPONSE in Opposition to Motion (Re: #11 MOTION to Remand ) by Transportation Insurance Company ; (With attachments) (Jayne, Andrew)
April 21, 2023 Opinion or Order Filing 21 First AMENDED ANSWER with Jury Demand (Re: State Court Petition/Complaint, #18 Answer ) by Transportation Insurance Company (Jayne, Andrew)
April 11, 2023 Opinion or Order Filing 20 RESPONSE in Opposition to Motion Dismiss (Re: #13 MOTION to Dismiss for Lack of Jurisdiction ) by Michael W Hayes, Jr ; (With attachments) (Ingle, J)
April 11, 2023 Opinion or Order Filing 19 MINUTE ORDER by Judge Claire V Eagan - Pursuant to Fed. R. Civ. P. 16(b)(2), the Court finds good cause for delay in entering the scheduling order. If necessary, a scheduling order will be entered after ruling on the pending motion to remand (Dkt. # 11). (Re: #11 MOTION to Remand ) (This entry is the Official Order of the Court. No document is attached.) (RGG, Chambers)
April 10, 2023 Opinion or Order Filing 18 ANSWER with Jury Demand (Re: State Court Petition/Complaint ) by Transportation Insurance Company (Jayne, Andrew)
April 10, 2023 Opinion or Order Filing 17 MINUTE ORDER by Court Clerk , directing CNA Financial Corporation to file a Disclosure Statement pursuant to FRCvP 7.1 and LCvR 7.1-1, if applicable. The parties shall use the form entitled Disclosure Statement available on the Courts website. (This entry is the Official Order of the Court. No document is attached.) (dla, Dpty Clk)
April 6, 2023 Opinion or Order Filing 16 ATTORNEY APPEARANCE by Tara Dawn Zickefoose on behalf of CNA Financial Corporation [Note: Attorney Tara Dawn Zickefoose added to party CNA Financial Corporation(pty:dft).] (Zickefoose, Tara)
April 6, 2023 Opinion or Order Filing 15 DISCLOSURE STATEMENT (identifying: Corporate Parent Loews Corporation for CNA Financial Corporation) by CNA Financial Corporation (Jayne, Andrew)
April 6, 2023 Opinion or Order Filing 14 ATTORNEY APPEARANCE by Andrew Charles Jayne on behalf of CNA Financial Corporation (Jayne, Andrew)
April 6, 2023 Opinion or Order Filing 13 MOTION to Dismiss for Lack of Jurisdiction by CNA Financial Corporation [Note: Attorney Andrew Charles Jayne added to party CNA Financial Corporation(pty:dft).] (With attachments) (Jayne, Andrew)
April 4, 2023 Opinion or Order Filing 12 STATUS REPORT on Removed Action by Transportation Insurance Company (Zickefoose, Tara)
April 3, 2023 Opinion or Order Filing 11 MOTION to Remand by Michael W Hayes, Jr (Ingle, J)
April 3, 2023 Opinion or Order Filing 10 ATTORNEY APPEARANCE by Sidney Allen Martin, II on behalf of Michael W Hayes, Jr [Note: Attorney Sidney Allen Martin, II added to party Michael W Hayes, Jr(pty:pla).] (Martin, Sidney)
April 3, 2023 Opinion or Order Filing 9 ATTORNEY APPEARANCE by J Derek Ingle on behalf of Michael W Hayes, Jr [Note: Attorney J Derek Ingle added to party Michael W Hayes, Jr(pty:pla).] (Ingle, J)
March 31, 2023 Opinion or Order Filing 8 JURY DEMAND by Transportation Insurance Company (Jayne, Andrew)
March 30, 2023 Opinion or Order Filing 7 AFFIDAVIT of Tara D. Zickefoose (Re: #2 Notice of Removal ) by Transportation Insurance Company (Zickefoose, Tara)
March 30, 2023 Opinion or Order Filing 6 ATTORNEY APPEARANCE by Tara Dawn Zickefoose on behalf of Transportation Insurance Company (Zickefoose, Tara)
March 30, 2023 Opinion or Order Filing 5 DISCLOSURE STATEMENT (identifying: Corporate Parent Continental Casualty Company, Corporate Parent Loews Corporation, Corporate Parent CNA Financial Corporation, Corporate Parent The Continental Corporation for Transportation Insurance Company) by Transportation Insurance Company (Jayne, Andrew)
March 30, 2023 Opinion or Order Filing 4 ATTORNEY APPEARANCE by Andrew Charles Jayne on behalf of Transportation Insurance Company (Jayne, Andrew)
March 30, 2023 Opinion or Order Filing 3 MINUTE ORDER by Court Clerk , directing Michael W Hayes, Jr., Transportation Insurance Company to file a Disclosure Statement pursuant to FRCvP 7.1 and LCvR 7.1-1, if applicable. The parties shall use the form entitled Disclosure Statement available on the Courts website. (This entry is the Official Order of the Court. No document is attached.) (blc, Dpty Clk)
March 30, 2023 Opinion or Order Filing 2 NOTICE of Removal from Tulsa County, case number CJ-2022-2774 (paid $402 filing fee; receipt number AOKNDC-2785411) by Transportation Insurance Company (With attachments) (Jayne, Andrew)
March 30, 2023 Opinion or Order Filing 1 CIVIL COVER SHEET by Transportation Insurance Company (Jayne, Andrew)
September 7, 2022 Opinion or Order PETITION/COMPLAINT with Jury Demand filed in State Court against CNA Financial Corporation, Randall L Hendricks, Transportation Insurance Company by Michael W Hayes, Jr (blc, Dpty Clk)

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Plaintiff: Michael W Hayes, Jr
Represented By: Daniel Nathan Aizenman
Represented By: J Derek Ingle
Represented By: Sidney Allen Martin, II
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Defendant: Transportation Insurance Company
Represented By: Andrew Charles Jayne
Represented By: Tara Dawn Zickefoose
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Defendant: CNA Financial Corporation doing business as CNA Commercial Insurance
Represented By: Andrew Charles Jayne
Represented By: Tara Dawn Zickefoose
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Defendant: Randall L Hendricks
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