Davenport v. Fidelity National Property and Casualty Insurance Company
| John Davenport |
| Fidelity National Property and Casualty Insurance Company |
| 1:2010cv00695 |
| November 1, 2010 |
| US District Court for the Eastern District of Texas |
| Beaumont Office |
| Jefferson |
| Marcia A Crone |
| Keith F Giblin |
| Insurance |
| 42 U.S.C. § 4072 |
| None |
Docket Report
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| Filing 24 FINAL JUDGMENT that plaintiff's claims are dismissed in their entirety with prejudice and the plaintiff shall take nothing by this suit. The Clerk is directed to close this case. Signed by Judge Marcia A. Crone on 3/19/12. (mrp, ) |
Filing 23
MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION that the defendant's motion for summary judgment be granted. Signed by Judge Marcia A. Crone on 3/19/12. (mrp, )
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| Filing 22 REPORT AND RECOMMENDATION on #15 MOTION for Summary Judgment filed by Fidelity National Property and Casualty Insurance Company. The undersigned U. S. Magistrate Judge concludes that the defendant has established that no genuine issue of material fact exists to support plaintiff's claims for breach of contract against the defendant under his SFIP because he did not comply with a condition precedent to filing suit in submitting a proof of loss form for additional damages and because his claim for replacement costs is not covered under the SFIP. The Court recommends that the summary judgment be entered in favor of the defendant Fidelity National Property and Casualty Insurance Company on all of the plaintiff's causes of action and that defendant's Motion for Summary Judgment be granted in all respects. Signed by Magistrate Judge Keith F. Giblin on 2/27/12. (mrp, ) |
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Filing 21
SECOND AMENDED SCHEDULING ORDER: Status Conference is reset for 6/8/2012 at 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Signed by Magistrate Judge Keith F. Giblin on 2/13/12. (mrp, )
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Filing 20
ORDER EXTENDING DEADLINES AND FIRST AMENDED SCHEDULING ORDER: Final Status Conference set for 3/9/2012 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Signed by Magistrate Judge Keith F. Giblin on 9/8/11. (mrp, )
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| Filing 19 REPLY to Response to Motion re #15 MOTION for Summary Judgment filed by Fidelity National Property and Casualty Insurance Company. (Benavides, Michelle) |
| Filing 18 RESPONSE in Opposition re #15 MOTION for Summary Judgment replaces document 17 filed by John Davenport. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit)(Hunziker, Scott) |
| Filing 17 ***DOCUMENT STRICKEN; WRONG STYLE AND CASE NUMBER*** RESPONSE in Opposition to #15 MOTION for Summary Judgment filed by John Davenport. (Attachments: #1 Aff R Alaniz, #2 Exh 2, #3 Exh 3)(Hunziker, Scott) Modified on 7/19/2011 (mrp, ). Modified on 7/21/2011 (mrp, ). |
| Filing 16 ***DOCUMENT NOT FILED IN WORD SEARCHABLE FORMAT.*** RESPONSE in Opposition re #15 MOTION for Summary Judgment filed by John Davenport. (Attachments: #1 Aff R Alaniz, #2 Exh 2 in Response in Opposition to MSJ, #3 Exh 3 in Response in Opposition to MSJ)(Hunziker, Scott) Modified on 7/18/2011 (mrp, ). |
| Filing 15 MOTION for Summary Judgment by Fidelity National Property and Casualty Insurance Company. (Attachments: #1 Exh A-0, #2 Exh A-1, #3 Exh A-2, #4 Exh A-3, #5 Exh A-4, #6 Exh A-5, #7 Exh A-6, #8 Exh A-7, #9 Exh A-8, #10 Exh A-9, #11 Exh A-10, #12 Exh A-11, #13 Exh A-12, #14 Exh A-13, #15 Exh B, #16 Exh C)(Benavides, Michelle) Modified on 7/1/2011 (mrp, ). (Additional attachment(s) added on 7/1/2011: #17 Text of Proposed Order) (mrp, ). |
| Filing 14 ***DOCUMENT NOT PDF SEARCHABLE. ATTY NOTIFIED THAT THIS MOTION HAS BEEN TERMINATED AND TO REFILE IN CORRECT FORMAT.*** Agreed MOTION for Extension of Time to Complete Discovery filed by John Davenport. (Attachments: #1 Text of Proposed Order proposed order)(Hunziker, Scott) Modified on 6/17/2011 (mrp, ). |
| Filing 13 NOTICE of Disclosure by John Davenport Designation of Expert Witnesses (Hunziker, Scott) |
| Filing 12 ***THIS DOCUMENT STRICKEN. DISCOVERY IS NOT FILED IN FEDERAL COURT. ATTY NOTIFIED TO FILE A NOTICE OF DISCLOSURE*** NOTICE by John Davenport Designation of Expert Witnesses (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hunziker, Scott) Modified on 4/18/2011 (mrp, ). |
| Filing 11 NOTICE of Disclosure by Fidelity National Property and Casualty Insurance Company (Benavides, Michelle) |
| Filing 10 NOTICE of Disclosure by John Davenport pursuant to Rule 26(a)(1) (Hunziker, Scott) |
| Document #9 was filed in error as a motion. This motion has been stricken and will be refiled correctly as a Notice of Disclosure. (mrp, ) |
| Filing 9 ***MOTION STRICKEN AND TERMINATED; DOCUMENT INCORRECTLY FILED AS A MOTION; SHOULD HAVE BEEN FILED AS A NOTICE OF DISCLOSURE.*** MOTION for Disclosure by John Davenport. (Hunziker, Scott) Modified on 1/12/2011 (mrp, ). |
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Filing 8
SCHEDULING ORDER: Final Status Conference is set for 10/7/2011 at 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Amended Pleadings due by 12/31/2010. Discovery due by 6/17/2011. Motions due by 7/1/2011. Signed by Magistrate Judge Keith F. Giblin on 12/21/10. (mrp, )
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| Filing 7 NOTICE of Attorney Appearance by Deani Beard Milano on behalf of Fidelity National Property and Casualty Insurance Company (Milano, Deani) |
| Filing 6 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Text of Proposed Order)(Benavides, Michelle) |
| Filing 5 ADVISORY notifying litigants and counsel of the following matters relevant to this civil action. Signed by Magistrate Judge Keith F. Giblin 11/5/10. (pkb, ) |
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Filing 4
ORDER TO CONDUCT RULE 26(f) CONFERENCE no later than 11/30/10 and shall file with the court a joint written report outlining their proposals no later than December 15, 2010. Signed by Magistrate Judge Keith F. Giblin on 11/5/10. (pkb, )
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| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available here by clicking on the hyperlink and is also on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice of Consent to Proceed Before Magistrate Judge. (aam, ) |
| Case Assigned to Judge Marcia A. Crone and Magistrate Judge Keith F. Giblin. (aam, ) |
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ORDER REFERRING CASE to Magistrate Judge Keith F. Giblin pursuant to 28 USC 636(a) and Appendix B of the Local Rules for the Eastern District of Texas (aam, )
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| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Fidelity National Property and Casualty Insurance Company (Benavides, Michelle) |
| Filing 2 ANSWER to Complaint (Notice of Removal) by Fidelity National Property and Casualty Insurance Company.(Benavides, Michelle) |
| Filing 1 NOTICE OF REMOVAL by Fidelity National Property and Casualty Insurance Company from 58th Judicial District Court, Jefferson County, Texas, case number A-188-471. (Filing fee $ 350 receipt number 0540-2741075), filed by Fidelity National Property and Casualty Insurance Company. (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D)(Benavides, Michelle) |
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