Tompkins v. Colonial Life & Accident Insurance Company
| Patrick A Tompkins |
| Colonial Life & Accident Insurance Company |
| 5:2020cv00711 |
| July 23, 2020 |
| US District Court for the Western District of Oklahoma |
| Bernard Jones |
| Bernard M Jones |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 33 STIPULATION of Dismissal with Prejudice by All Plaintiffs. (Housel, Zachary) |
Filing 32
ORDER ~ The Court STRIKES all remaining deadlines. The parties shall notify the Court as to the status of negotiations on or before February 18, 2021. Signed by Honorable Bernard M. Jones on 1/19/2021. (dwl)
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| Filing 31 NOTICE (other) by Colonial Life & Accident Insurance Company (Joint) (Kane, Matthew) |
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Filing 30
ORDER ~ re #29 MOTION for Reconsideration filed by Patrick A Tompkins. Defendant shall respond on or before January 18, 2021 and may, in its discretion, limit its response to Plaintiff's claims regarding the limitation periods in the policies and whether the Court erred in dismissing Plaintiff's claims with prejudice. Signed by Honorable Bernard M. Jones on 1/7/2021. (dwl)
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| Filing 29 MOTION for Reconsideration and/or to Alter or Amend Judgment by All Plaintiffs. (Housel, Zachary) |
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Filing 28
ORDER ~ Granting #27 Defendant's unopposed motion for an extension of time to file a bill of costs and/or motion for attorney fees #27 is GRANTED and the deadline is extended to January 13, 2021. Signed by Honorable Bernard M. Jones on 12/29/2020. (dwl)
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| Filing 27 UNOPPOSED MOTION for Extension of Time to File Any Bill of Costs or Motion for Attorney Fees by Colonial Life & Accident Insurance Company. (Kane, Matthew) |
| Filing 26 JUDGMENT ~ Pursuant to the Order filed separately this same date, Defendant's motion for judgment on the pleadings #19 is GRANTED, Plaintiff's claims are DISMISSED with prejudice, and judgment is entered in Defendant's favor. Signed by Honorable Bernard M. Jones on 12/9/2020. (dwl) |
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Filing 25
ORDER ~ Defendant's motion for judgment on the pleadings #19 is GRANTED and Plaintiff's claims are DISMISSED with prejudice. A separate judgment will issue. Signed by Honorable Bernard M. Jones on 12/9/2020. (dwl)
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| Filing 24 REPLY to Response to Motion re #19 MOTION for Judgment on the Pleadings filed by Colonial Life & Accident Insurance Company. (Kane, Matthew) |
| Filing 23 RESPONSE in Opposition re #19 MOTION for Judgment on the Pleadings filed by Patrick A Tompkins. (Housel, Zachary) |
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Filing 22
ORDER ~ Granting #21 Motion for Extension of Time to File Response/Reply. Plaintiff shall file her response on or before November 16, 2020. Signed by Honorable Bernard M. Jones on 10/26/2020. (dwl)
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| Filing 21 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #19 MOTION for Judgment on the Pleadings by Patrick A Tompkins. (Housel, Zachary) |
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Filing 20
ORDER ~ Due to the recently filed motion for judgment on the pleadings #19 , the status conference scheduled for November 5, 2020 is stricken and the parties are excused from filing the required joint status report and discovery plan. Signed by Honorable Bernard M. Jones on 10/22/20. (dwl)
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| Filing 19 MOTION for Judgment on the Pleadings by Colonial Life & Accident Insurance Company. (Kane, Matthew) |
| Filing 18 STATUS/SCHEDULING CONFERENCE DOCKET: Status Conference set for 11/5/2020 10:20 AM in Rm 2017 before Honorable Bernard M. Jones. Status Report due by 10/26/2020. *STRICKEN per Order #20 filed 10/22/2020 (dwl). |
| Filing 17 ANSWER to #16 Amended Complaint by Colonial Life & Accident Insurance Company. (Attachments: #1 Exhibit 1-Critical Illness Claim File)(Kane, Matthew) |
| Filing 16 AMENDED COMPLAINT against Colonial Life & Accident Insurance Company filed by Patrick A Tompkins. (Attachments: #1 Exhibit 1-STD policy, #2 Exhibit 2-SpecCritIllness policy)(Housel, Zachary) |
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Filing 15
ORDER ~ Granting #14 Motion to Seal Document Directing Filing of Redacted Document. Plaintiff shall re-file the document with the personal information redacted. Signed by Honorable Bernard M. Jones on 9/16/2020. (dwl)
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| Filing 14 MOTION to Seal Document and Directing the Filing of Redacted Document re: 12 Amended Complaint by Patrick A Tompkins. (Housel, Zachary) |
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Filing 13
ORDER ~ re #6 Motion to Dismiss. As the Amended Complaint supersedes the Complaint on which the motion to dismiss is based, Defendant's motion is DENIED as moot. Signed by Honorable Bernard M. Jones on 9/15/2020. (dwl)
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| Filing 11 ENTRY of Appearance by Zachary K Housel on behalf of Patrick A Tompkins (Housel, Zachary) |
| Filing 10 ENTRY of Appearance by Kenneth G Cole on behalf of Patrick A Tompkins (Cole, Kenneth) |
| Filing 9 ENTRY of Appearance by Steven S Mansell on behalf of Patrick A Tompkins (Mansell, Steven) |
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Filing 8
ORDER ~ Granting #7 Motion for Extension of Time to File an amended complaint or respond to Defendant's pending motion to dismiss. Plaintiff's deadline is extended to September 18, 2020. Signed by Honorable Bernard M. Jones on 8/10/2020. (dwl)
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| Filing 7 UNOPPOSED MOTION for Extension of Time to File Response or Amend Complaint by Patrick A Tompkins. (Housel, Zachary) |
| Filing 6 MOTION to Dismiss and Brief in Support by Colonial Life & Accident Insurance Company. (Attachments: #1 Exhibit 1-Example Petitions, #2 Exhibit 2-Excerpt of Hearing Transcript)(Kane, Matthew) |
| Filing 5 DISCLOSURE STATEMENT - CORPORATE by Colonial Life & Accident Insurance Company . (Kane, Matthew) |
| Filing 4 CERTIFICATE Regarding Removal. (Kane, Matthew) |
| Filing 3 ENTRY of Appearance by Phillip G Whaley on behalf of Colonial Life & Accident Insurance Company (Whaley, Phillip) |
| Filing 2 ENTRY of Appearance by Matthew C Kane on behalf of Colonial Life & Accident Insurance Company (Kane, Matthew) |
| 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) (knt) |
| PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-3199325. (Kane, Matthew) |
| Filing 1 NOTICE OF REMOVAL from Oklahoma County District Court, case number CJ-2020-2884 filed by Colonial Life & Accident Insurance Company. (Attachments: #1 Exhibit 1 - State Court Petition, #2 Exhibit 2 - Summons, #3 Exhibit 3 - M4EOT to Respond to Petition, #4 Exhibit 4 - Order granting M4EOT to Respond to Petition, #5 Exhibit 5 - State Court Docket Sheet, #6 Civil Cover Sheet)(knt) |
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