Capistran v. Allstate Insurance Company
Plaintiff: Capistran and Francisco Capistran
Defendant: Allstate Insurance Company
Case Number: 1:2016cv00043
Filed: February 18, 2016
Court: US District Court for the Eastern District of Texas
Office: Beaumont Office
County: Jefferson
Presiding Judge: Marcia A Crone
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 12 U.S.C. § 635
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 23, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 23, 2017 Opinion or Order Filing 29 ORDER OF DISMISSAL. This action is dismissed in its entirety, with prejudice. Each party shall bear its own costs of court and attorney's fees. This is a Final Judgment. Signed by Judge Marcia A. Crone on 3/23/17. (mrp, )
March 22, 2017 Filing 28 STIPULATION of Dismissal by Plaintiff, Francisco Capistran, and by Allstate Insurance Company. (Attachments: #1 Text of Proposed Order)(Aguda, Joseph)
January 18, 2017 Opinion or Order Filing 27 ORDER OF DISMISSAL. It is ordered that this case is dismissed on the merits without prejudice to the right of counsel of record to move for reinstatement within 90 days upon presentation of adequate proof that final approval of the settlement could not be obtained from the respective principals for whom counsel act. Signed by Judge Marcia A. Crone on 1/18/17. (mrp, )
January 17, 2017 Filing 26 NOTICE of Settlement by Francisco Capistran (Parsons, John)
January 17, 2017 Opinion or Order Filing 25 ORDER OF PARTIAL DISMISSAL. Allstate's #23 Motion to Dismiss Extra-Contractual Claims is denied as moot. The parties' Joint Stipulation of Partial Dismissal with Prejudice is granted. Capistran's breach of contract claim against Allstate remains pending. Signed by Judge Marcia A. Crone on 1/17/17. (mrp, )
January 13, 2017 Filing 24 STIPULATION of Dismissal by Francisco Capistran and by Allstate Insurance Company. (Attachments: #1 Text of Proposed Order)(Aguda, Joseph)
December 29, 2016 Filing 23 MOTION to Dismiss Extra-Contractual Claims Under Federal Rules of Civil Procedure 12(b)(6) by Allstate Insurance Company. (Attachments: #1 Exhibit A, #2 Appendix, #3 Text of Proposed Order)(Jones, Bradley)
December 28, 2016 Filing 22 MOTION for Summary Judgment by Allstate Insurance Company. (Attachments: #1 Ex. 1, #2 Ex. 2, #3 Ex. 3, #4 Ex. 4, #5 Ex. 5, #6 Ex. 6, #7 Ex. 7, #8 Ex. 8, #9 Ex. 9, #10 Ex. 10, #11 Ex. 11, #12 Appendix, #13 Text of Proposed Order)(Jones, Bradley)
December 12, 2016 Filing 21 NOTICE of Attorney Appearance by Ethan Dennis Carlyle on behalf of Allstate Insurance Company (Carlyle, Ethan)
October 24, 2016 Opinion or Order Filing 20 SECOND AMENDED SCHEDULING ORDER: Status Conference is set for 4/7/2017 at 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Discovery due by 12/16/2016. Motions due by 12/30/2016. Signed by Judge Marcia A. Crone on 10/24/16. (mrp, )
October 20, 2016 Filing 19 Consent MOTION for Extension of Time to Complete Discovery by Allstate Insurance Company. (Attachments: #1 Text of Proposed Order)(Aguda, Joseph)
September 20, 2016 Filing 18 NOTICE of Discovery Disclosure by Allstate Insurance Company (Aguda, Joseph)
August 8, 2016 Opinion or Order Filing 17 FIRST AMENDED SCHEDULING ORDER: Status Conference is set for 3/3/2017 at 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Amended Pleadings due by 7/1/2016. Discovery due by 11/1/2016. Motions due by 11/15/2016. Signed by Judge Marcia A. Crone on 8/5/16. (mrp, )
August 3, 2016 Filing 16 Joint MOTION to Amend/Correct #12 Scheduling Order, by Allstate Insurance Company. (Attachments: #1 Text of Proposed Order)(Jones, Bradley)
August 1, 2016 Filing 15 NOTICE by Francisco Capistran of Designation of Expert Witnesses (Parsons, John)
July 7, 2016 Filing 14 NOTICE of Discovery Disclosure by Allstate Insurance Company (Jones, Bradley)
July 7, 2016 Filing 13 NOTICE of Discovery Disclosure by Francisco Capistran (Parsons, John)
June 29, 2016 Opinion or Order Filing 12 SCHEDULING ORDER: Status Conference is set for 3/3/2017 at 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Amended Pleadings due by 7/1/2016. Discovery due by 11/1/2016. Motions due by 11/15/2016. Signed by Judge Marcia A. Crone on 6/28/16. (mrp, )
June 28, 2016 Opinion or Order Filing 11 Minute Entry for proceedings held before Judge Marcia A. Crone. Scheduling Conference held on 6/28/2016. Counsel convened to inform the court of the facts and issues in this insurance case. The court and counsel agreed to a scheduling order which will govern all future proceedings.Signed at Beaumont, Texas, this 28th day of June, 2016, by Judge Marcia A. Crone. (mrp, )
June 9, 2016 Filing 10 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Text of Proposed Order Scheduling Order)(Parsons, John)
May 2, 2016 Opinion or Order Filing 9 ORDER to Conduct Rule 26(f) Conference with a proposed Scheduling Order. Signed by Judge Marcia A. Crone on 5/2/16. (mrp, )
May 2, 2016 NOTICE of Hearing: Status Conference set for 6/28/2016 11:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. (psl, )
April 27, 2016 Filing 8 CORPORATE DISCLOSURE STATEMENT filed by Allstate Insurance Company identifying Corporate Parent The Allstate Corporation, Other Affiliate Allstate Insurance Holdings, LLC for Allstate Insurance Company. (Jones, Bradley)
April 27, 2016 Filing 7 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Allstate Insurance Company.(Jones, Bradley)
March 14, 2016 Filing 6 Return of Service Executed as to Allstate Insurance Company by CMRRR. Waiver of Service previously filed. (mrp, )
March 10, 2016 Filing 5 WAIVER OF SERVICE Returned Executed by Francisco Capistran. Allstate Insurance Company waiver sent on 3/4/2016, answer due 5/3/2016. (mrp, )
March 8, 2016 Filing 4 NOTICE of Attorney Appearance by Joseph James Aguda, Jr on behalf of Allstate Insurance Company (Aguda, Joseph)
February 24, 2016 Filing 3 SUMMONS Issued as to Allstate Insurance Company and emailed to plaintiff's attorney for service (aam, )
February 19, 2016 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 on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (aam, )
February 18, 2016 Filing 2 DEMAND for Trial by Jury by Francisco Capistran. (Parsons, John)
February 18, 2016 Filing 1 COMPLAINT against Allstate Insurance Company ( Filing fee $ 400 receipt number 0540-5616740.), filed by Francisco Capistran. (Attachments: #1 Jury Demand)(Parsons, John) #2 Civil Cover Sheet)
February 18, 2016 Case Assigned to Judge Marcia A. Crone. (aam, )

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Defendant: Allstate Insurance Company
Represented By: Ethan Dennis Carlyle
Represented By: Bradley K Jones
Represented By: Joseph James Aguda, Jr.
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Plaintiff: Capistran
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Plaintiff: Francisco Capistran
Represented By: John Pat Parsons
Represented By: Barrett Philip Lindsay
Represented By: Michael John Lindsay
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