Covington et al v. CSAA Fire and Casualty Insurance Company
| Jeffrey Covington and Tammy Covington |
| CSAA Fire and Casualty Insurance Company and CSAA Fire and Casualty Insurance Company doing business as AAA Fire and Casualty Insurance Company |
| 5:2019cv00718 |
| August 6, 2019 |
| US District Court for the Western District of Oklahoma |
| Patrick R Wyrick |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 24, 2020. A more recent docket listing may be available from PACER.
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Filing 85
RELEASE OF JUDGMENT as to Judgment entered 11-23-20 [Dkt. No. 84]. (Kane, Matthew)
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Filing 84
JUDGMENT granting #83 the parties' joint motion for entry of judgment, #79 defendant's motion for attorney fees and #80 bill of costs (as more fully set out). Signed by Honorable Patrick R Wyrick on 11/23/2020. (ks)
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Filing 83
MOTION for Judgment Joint Motion For Entry Of Judgment by All Plaintiffs. (Shelton, Douglas)
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Filing 82
NOTICE OF BILL OF COSTS HEARING: Bill of Costs Hearing set for 12/17/2020 10:00 AM in Court Clerk's Office. (ks)
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Filing 81
BRIEF IN SUPPORT re #80 Bill of Costs Defendant's Brief in Support of Bill of Costs by CSAA Fire and Casualty Insurance Company. (Pignato, Gerard)
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Filing 80
BILL OF COSTS by CSAA Fire and Casualty Insurance Company. (Attachments: #1 Exhibit 1 - Filing Fee, #2 Exhibit 2 - Copying Cost, #3 Exhibit 3 - Witness Fee)(Pignato, Gerard)
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Filing 79
MOTION for Attorney Fees CSAA Fire and Casualty Insurance Company's Motion for Attorney Fees and Brief in Support by CSAA Fire and Casualty Insurance Company. (Attachments: #1 Exhibit 1 - Claim File Excerpts, #2 Exhibit 2 - Detail Fee Transaction List, #3 Exhibit 3 - Summary Fee Transaction List, #4 Exhibit 4 - Affidavit of Gerard F. Pignato)(Kane, Matthew)
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Filing 78
JUDGMENT in favor of Defendant CSAA Fire and Casualty Insurance Company and against Plaintiffs Jeffrey Covington and Tammy Covington on their breach of contract, bad faith and punitive damages claims. Signed by Honorable Patrick R Wyrick on 10/23/2020. (ks)
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Filing 77
MEMORANDUM OPINION AND ORDER granting #15 Defendant's Motion for Summary Judgment (as more fully set out). Signed by Honorable Patrick R Wyrick on 10/23/2020. (ks)
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Filing 76
AMENDED DECEMBER TRIAL DOCKET: Docket Call set for 11/23/2020 02:00 PM in Courtroom 503 before Honorable Patrick R Wyrick. Jury Trial set for 12/1/2020 09:00 AM in Courtroom 503 before Honorable Patrick R Wyrick. (ks)
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Filing 75
ENTER ORDER STRIKING this case from the Court's November 2020 jury trial docket, STRIKING the Docket Call set for October 28, 2020 and RESETTING this matter on the Court's December 2020 jury trial docket and all pending deadlines shall remain in place, unless the Court grants a motion for extension of time filed by one or both of the parties. Signed by Honorable Patrick R Wyrick on 10/19/2020. (ks)
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Filing 74
AMENDED NOVEMBER CIVIL TRIAL DOCKET: Docket Call set for 10/28/2020 02:00 PM in Courtroom 503 before Honorable Patrick R Wyrick. Jury Trial set for 11/4/2020 09:00 AM in Courtroom 503 before Honorable Patrick R Wyrick. (ks)
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Filing 73
ENTER ORDER striking this case from the Court's October 2020 jury trial docket, striking the docket call set for October 7, 2020 and resetting this matter on the Court's November 2020 jury trial docket (Jury Trial set for 11/4/2020 09:00 AM in Courtroom 503 before Honorable Patrick R Wyrick). Signed by Honorable Patrick R Wyrick on 9/22/2020. (ks)
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Filing 72
RESPONSE re #71 Supplement, Plaintiffs' Response To Defendant's Supplement To Motion For Summary Judgment filed by All Plaintiffs. (Attachments: #1 Exhibit Pages from Jeffrey Covington Depo, #2 Exhibit Pages from Alana Hare Depo)(Shelton, Douglas)
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Filing 71
SUPPLEMENT re #15 MOTION for Summary Judgment Defendant, CSAA Fire and Casualty Insurance Company's Motion for Summary Judgment and Brief in Support Supplement to Defendant's Motion for Summary Judgment by CSAA Fire and Casualty Insurance Company. (Attachments: #1 Exhibit 1 - Depo of Alana Hare)(Kane, Matthew)
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Filing 70
ORDER granting with modifications #63 defendant's motion for leave to file supplement to motion for summary judgment (as more fully set out). Signed by Honorable Patrick R Wyrick on 9/10/2020. (ks)
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Filing 69
REPLY to Response to Motion re #63 MOTION for Leave to File Supplement to Motion for Summary Judgment and Request for Order Expediting Plaintiffs' Objection Reply in Support of Motion for Leave to File Supplement to Motion for Summary Judgment and Request for Order Expediting Plaintiffs' Objection filed by CSAA Fire and Casualty Insurance Company. (Kane, Matthew)
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Filing 68
RESPONSE to Motion re #63 MOTION for Leave to File Supplement to Motion for Summary Judgment and Request for Order Expediting Plaintiffs' Objection Plaintiffs' Response To Defendant's Motion For Leave To File Supplement To Motion For Summary Judgment filed by All Plaintiffs. (Shelton, Douglas)
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Filing 67
ORDER granting in part #63 Defendant's Motion for Leave to File Supplement to Motion for Summary Judgment and Request for Order Expediting Plaintiffs' Objection. Plaintiffs are to respond to Defendant's Motion for Leave to File Supplement to Motion for Summary Judgment and Request for Order Expediting Plaintiffs' Objection #63 no later than Friday, September 11, 2020 at 12:00 PM. Signed by Honorable Patrick R Wyrick on 9/4/2020. (ks)
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Filing 66
RESPONSE re #56 Trial Brief Plaintiff's Response To Defendant's Trial Brief filed by All Plaintiffs. (Shelton, Douglas)
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Filing 65
OBJECTIONS re #45 Proposed Jury Instructions Plaintiffs' Objections To Defendant's Requested Instructions filed by All Plaintiffs. (Shelton, Douglas)
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Filing 64
OBJECTIONS re #54 Proposed Jury Instructions Defendant's Objections to Plaintiffs' Proposed Jury Instructions filed by CSAA Fire and Casualty Insurance Company. (Kane, Matthew)
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Filing 63
MOTION for Leave to File Supplement to Motion for Summary Judgment and Request for Order Expediting Plaintiffs' Objection by CSAA Fire and Casualty Insurance Company. (Kane, Matthew)
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Filing 62
AMENDED OCTOBER CIVIL TRIAL DOCKET: Docket Call set for 10/7/2020 02:00 PM in Courtroom 503 before Honorable Patrick R Wyrick. Jury Trial set for 10/13/2020 09:00 AM in Courtroom 503 before Honorable Patrick R Wyrick. (ks)
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Filing 61
ENTER ORDER striking this case from the Court's September 2020 jury trial docket, striking the Docket Call set for September 2, 2020 and resetting this matter on the Court's October 2020 jury trial docket. Additionally, all pending deadlines shall remain in place, unless the Court grants a motion for extension of time filed by one or both of the parties. Signed by Honorable Patrick R Wyrick on 9/1/2020. (ks)
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Filing 60
ADR REPORT BY MEDIATOR / EVALUATOR (Duncan, Michael)
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Filing 59
MOTION in Limine Defendant's Motions in Limine by CSAA Fire and Casualty Insurance Company. (Pignato, Gerard)
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Filing 58
FINAL PRETRIAL REPORT. (Shelton, Douglas)
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Filing 57
SUPPLEMENT re #44 Proposed Voir Dire 1st Supplemental Requested Voir Dire by CSAA Fire and Casualty Insurance Company. (Pignato, Gerard)
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Filing 56
TRIAL BRIEF by Defendant CSAA Fire and Casualty Insurance Company. (Kane, Matthew)
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Filing 55
MOTION in Limine by All Plaintiffs. (Shelton, Douglas)
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Filing 54
Proposed Jury Instructions by Plaintiffs Jeffrey Covington, Tammy Covington. (Shelton, Douglas)
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Filing 53
Proposed Voir Dire by Plaintiffs Jeffrey Covington, Tammy Covington. (Shelton, Douglas)
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Filing 52
ORDER granting #49 Plaintiffs' Unopposed Motion to Enlarge Pre-Trial Deadlines (as more fully set out). Signed by Honorable Patrick R Wyrick on 8/13/2020. (ks)
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Filing 51
ORDER granting #50 the Joint Motion to Extend Discovery for the Purpose of One Deposition. The discovery deadline is extended to August 19, 2020 for the limited purpose of allowing Plaintiffs to depose Alana Hare. Signed by Honorable Patrick R Wyrick on 8/13/2020. (ks)
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Filing 50
JOINT MOTION for Extension of Time Joint Motion to Extend Discovery for the Purpose of One Deposition by CSAA Fire and Casualty Insurance Company. (Pignato, Gerard)
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Filing 49
THIRD MOTION for Extension of Time To Enlarge Pre-Trial Deadlines by All Plaintiffs. (Shelton, Douglas)
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Filing 48
NOTICE of Subpoena by All Plaintiffs To Defendant, CSAA (Attachments: #1 Exhibit Subpoena Duces Tecum)(Shelton, Douglas)
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Filing 47
ORDER granting #46 Motion to Enlarge Discovery Deadline. The discovery deadline is extended to August 14, 2020. Signed by Honorable Patrick R Wyrick on 7/27/20. (dtb)
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Filing 46
JOINT MOTION for Extension of Time to Complete Discovery Joint Motion to Enlarge Discovery Deadline by CSAA Fire and Casualty Insurance Company. (Hefner, Joshua)
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IMPORTANT NOTICE: The United States District Court for the Western District of Oklahoma (OKWD) is upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, August 3, 2020. Complete information regarding the OKWD NextGen CM/ECF implementation is available at #http://www.okwd.uscourts.gov/nextgen-information.****Currently, you may share a single PACER account with other attorneys in your firm. With the new OKWD NextGen CM/ECF system, sharing of individual PACER accounts is prohibited. You must have an individual upgraded PACER account linked to your e-filing account. Once again, shared PACER accounts cannot be used by OKWD e-filing attorneys. ****Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account and step two is to link your upgraded PACER account to the OKWD e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step cannot be completed until on or after August 3, 2020. ****Many PACER accounts have already been upgraded. The first step is to determine whether you have an "Upgraded" PACER account. If any of the following is true, you have an upgraded PACER account and no action is required until after the OKWD NextGen CM/ECF upgrade on August 3, 2020: 1) You have an upgraded PACER account for another NextGen court or 2) Your PACER account was created after August 10, 2014. If neither of these is true, you must upgrade your legacy PACER account before you can link your PACER account to your new NextGen CM/ECF account. ****OKWDs current CM/ECF system will NOT be available from 11:00 AM on 07/31/20 until 8:00 AM on 08/03/20 due to the upgrade. ****Additional notices will be sent at a later date regarding the second step of this process. If you have questions, please contact the PACER Service Center at 800-676-6856 or the OKWD Clerk's Office CM/ECF Help Desk at 405-609-5555. (Pigott, William) (ADI)
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Filing 45
Proposed Jury Instructions by Defendant CSAA Fire and Casualty Insurance Company. (Pignato, Gerard)
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Filing 44
Proposed Voir Dire by Defendant CSAA Fire and Casualty Insurance Company. (Pignato, Gerard)
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Filing 43
NOTICE to Take Deposition of Alana Hare by All Plaintiffs. (Shelton, Douglas)
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Filing 42
NOTICE of Subpoena by CSAA Fire and Casualty Insurance Company Notice of Subpoenas Duces Tecum (Attachments: #1 Exhibit 1 - SDT to Kendall Parrish)(Pignato, Gerard)
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Filing 41
SEPTEMBER CIVIL TRIAL DOCKET: Docket Call set for 9/2/2020 02:00 PM in Courtroom 503 before Honorable Patrick R Wyrick. Jury Trial set for 9/8/2020 09:00 AM in Courtroom 503 before Honorable Patrick R Wyrick. (ks)
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Filing 40
NOTICE of Subpoena by CSAA Fire and Casualty Insurance Company Notice of Subpoenas Duces Tecum (Attachments: #1 Exhibit 1 - SDTs to Don Sharp & OK State Board of Licensure)(Pignato, Gerard)
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Filing 39
ORDER granting #31 Plaintiffs' Application to Court to Accept Witness and Exhibit List Out of Time. Signed by Honorable Patrick R Wyrick on 6/3/2020. (ks)
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Filing 38
ORDER granting #37 Motion to Withdraw as Counsel of Record for Plaintiffs. Attorney Erica R Mackey terminated. Signed by Honorable Patrick R Wyrick on 4/10/2020. (ks)
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Filing 37
MOTION to Withdraw as Attorney For Plaintiffs by Erica R. Mackey by All Plaintiffs. (Mackey, Erica)
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Filing 36
SUPPLEMENT To Plaintiffs' Response And Objection To Defendant's Motion For Summary Judgment by All Plaintiffs. (Attachments: #1 Exhibit Policy Pages)(Shelton, Douglas)
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Filing 35
ORDER granting #34 Plaintiffs' Motion to File Supplement to Response and Objection to Defendant's Motion for Summary Judgment. Signed by Honorable Patrick R Wyrick on 4/8/2020. (ks)
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Filing 34
MOTION for Leave To File Supplement to Response to Motion For Summary Judgment by All Plaintiffs. (Mackey, Erica)
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Filing 33
OBJECTIONS re #32 Supplement Defendant's Objection to Plaintiffs' Supplement to Plaintiffs' Response and Objection to Defendant's Motion for Summary Judgment filed by CSAA Fire and Casualty Insurance Company. (Hefner, Joshua)
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Filing 32
SUPPLEMENT To Plaintiffs' Response And Objection To Defendant's Motion For Summary Judgment by All Plaintiffs. (Attachments: #1 Exhibit Policy pages)(Mackey, Erica)
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Filing 31
MOTION for Order For Court To Accept Filed Witness And Exhibit List Out Of Time by All Plaintiffs. (Attachments: #1 Exhibit Order, #2 Exhibit Resubmission, #3 Exhibit Second Order, #4 Exhibit Objections, #5 Exhibit Counter-Designations)(Mackey, Erica)
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Filing 30
REPLY to Response to Motion re #15 MOTION for Summary Judgment Defendant, CSAA Fire and Casualty Insurance Company's Motion for Summary Judgment and Brief in Support filed by CSAA Fire and Casualty Insurance Company. (Attachments: #1 Exhibit 1-Insurance Policy)(Hefner, Joshua)
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Filing 29
ORDER granting #25 plaintiffs' Unopposed Motion to Enlarge Pre-Trial Deadlines and continuing case to the September 2020 trial docket (as more fully set out). Signed by Honorable Patrick R Wyrick on 3/26/2020. (ks)
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Set/Reset Scheduling Order Deadlines: Jury Trial RESET on the September 2020 trial docket (9/8/2020 09:00 AM) in Courtroom 503 before Honorable Patrick R Wyrick. Discovery due by 7/30/2020. Pretrial Report due by 8/21/2020. (ks)
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Filing 28
OBJECTIONS re #20 Exhibit List of Plaintiffs filed by CSAA Fire and Casualty Insurance Company. (Hefner, Joshua)
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Filing 27
OBJECTIONS re #19 Witness List of Plaintiffs filed by CSAA Fire and Casualty Insurance Company. (Hefner, Joshua)
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Filing 26
OBJECTIONS re #17 Exhibit List of Defendant filed by All Plaintiffs. (Mackey, Erica)
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Filing 25
UNOPPOSED MOTION for Extension of Time To Enlarge Pre-Trial Deadlines by All Plaintiffs. (Mackey, Erica)
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Filing 24
RESPONSE in Opposition re #15 MOTION for Summary Judgment Defendant, CSAA Fire and Casualty Insurance Company's Motion for Summary Judgment and Brief in Support filed by All Plaintiffs. (Attachments: #1 Exhibit Ex. 1 Denial Letter, #2 Exhibit Ex. 2 Notice of Loss, #3 Exhibit Ex. 3 Deposition of Jeffrey Covington, #4 Exhibit Ex. 4 Letter From Smith Brothers, #5 Exhibit Ex. 5 Response Letter Ian Rupert, #6 Exhibit Ex. 6 BoardWalk Report, #7 Exhibit Ex. 7 Don Sharp Report, #8 Exhibit Ex. 8 CSAA Policy, #9 Exhibit Ex. 9 Deposition of Tammy Covington, #10 Exhibit Ex. 10 Hi Tech Plumbing Report, #11 Exhibit Ex. 11 Denial of Mitigation)(Mackey, Erica)
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Filing 23
SUBPOENA Returned Executed by CSAA Fire and Casualty Insurance Company as to Ian Rupert. (Hefner, Joshua)
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Filing 22
NOTICE to Take Deposition of Alan Heise by All Plaintiffs. (Mackey, Erica)
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Filing 21
NOTICE to Take Deposition of Ian Rupert by CSAA Fire and Casualty Insurance Company. (Attachments: #1 Exhibit 1-Deposition Subpoena - Rupert)(Hefner, Joshua)
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Filing 20
Exhibit List by Plaintiffs Jeffrey Covington, Tammy Covington. (Mackey, Erica)
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Filing 19
Witness List by Plaintiffs Jeffrey Covington, Tammy Covington. (Mackey, Erica)
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Filing 18
Witness List by Defendant CSAA Fire and Casualty Insurance Company. (Pignato, Gerard)
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Filing 17
Exhibit List by Defendant CSAA Fire and Casualty Insurance Company. (Pignato, Gerard)
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Filing 16
MAY CIVIL TRIAL DOCKET: Docket Call set for 5/6/2020 02:00 PM in Courtroom 503 before Honorable Patrick R Wyrick. Jury Trial set for 5/12/2020 09:00 AM in Courtroom 503 before Honorable Patrick R Wyrick. (ks)
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Filing 15
MOTION for Summary Judgment Defendant, CSAA Fire and Casualty Insurance Company's Motion for Summary Judgment and Brief in Support by CSAA Fire and Casualty Insurance Company. (Attachments: #1 Exhibit 1 - Claim File, #2 Exhibit 2 - Depo of Jeffrey Covington, #3 Exhibit 3 - Depo of Tammy Covington)(Kane, Matthew)
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Filing 14
ENTRY of Appearance by Joshua K Hefner on behalf of CSAA Fire and Casualty Insurance Company (Hefner, Joshua)
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Filing 13
NOTICE of Change of Address by Gerard F Pignato (Pignato, Gerard)
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Filing 12
SCHEDULING ORDER: Jury Trial set on the May 2020 trial docket (5/12/2020 09:00 AM) in Courtroom 503 before Honorable Patrick R Wyrick. Motions to join due 30 days from date of this order; Motions to amend due 30 days from date of this order; Pla expert witness list and expert reports due 3/1/2020; Dft expert witness list and expert reports due 3/11/2020; Pla witness list due 3/1/2020; Dft witness list due 3/11/2020; Pla exhibit list due 3/1/2020; Dft exhibit list due 3/11/2020; Motions in limine due 4/23/2020; Jury instructions due 4/23/2020; Voir dire requests due 4/23/2020; Trial briefs due 4/23/2020; Discovery due by 4/1/2020. Motions due by 3/1/2020. Pretrial Report due by 4/23/2020. Signed by Honorable Patrick R Wyrick on 10/1/2019. (ks)
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| Filing 11 JOINT STATUS REPORT by Plaintiffs Jeffrey Covington, Tammy Covington. (Mackey, Erica) |
| Filing 10 OCTOBER STATUS & SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 10/1/2019 02:10 PM in Chambers before Honorable Patrick R Wyrick. Status Report due by 9/24/2019. (ks) |
| Filing 9 DEMAND for Trial by Jury by All Plaintiffs. (Mackey, Erica) |
| Filing 8 ENTRY of Appearance by Erica R Mackey on behalf of All Plaintiffs (Mackey, Erica) |
| Filing 7 ENTRY of Appearance by Douglas J Shelton on behalf of All Plaintiffs (Shelton, Douglas) |
| Filing 6 ANSWER to Complaint (Notice of Removal) by CSAA Fire and Casualty Insurance Company.(Kane, Matthew) |
| Filing 5 DISCLOSURE STATEMENT - CORPORATE by CSAA Fire and Casualty Insurance Company . (Kane, Matthew) |
| Filing 4 CERTIFICATE Regarding Removal. (Kane, Matthew) |
| Filing 3 ENTRY of Appearance by Matthew C Kane on behalf of CSAA Fire and Casualty Insurance Company (Kane, Matthew) |
| Filing 2 ENTRY of Appearance by Gerard F Pignato on behalf of CSAA Fire and Casualty Insurance Company (Pignato, Gerard) |
| Filing 1 NOTICE OF REMOVAL from District Court of Oklahoma County, case number CJ-2019-3967 filed by CSAA Fire and Casualty Insurance Company. (Attachments: #1 Exhibit 1 - State Court Petition, #2 Exhibit 2 - Summons, #3 Exhibit 3 - Letter from Ins Comm, #4 Exhibit 4 - Company Demographics, #5 Exhibit 5 - State Court Docket Sheet, #6 Civil Cover Sheet)(kmt) |
| PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-2972398. (Kane, Matthew) |
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