Nguyen v. Texas Farmers Insurance Company
Tu Van Nguyen and Nguyen Giai Thi |
Texas Farmers Insurance Company |
1:2019cv00053 |
February 4, 2019 |
US District Court for the Eastern District of Texas |
Marcia A Crone |
Zack Hawthorn |
Insurance |
28 U.S.C. § 1446 |
None |
Docket Report
This docket was last retrieved on April 26, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 78 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference Hearing held on 04/01/2019 before Judge Hawthorn. Court Reporter/Transcriber: Abba Reporting, Chris Hwang,Telephone number: 518.302.6772. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Motion to Redact due 5/17/2021. Release of Transcript Restriction set for 7/25/2021. (slo, ) |
Filing 77 TRANSCRIPT REQUEST by Nguyen Giai Thi for proceedings held on 4/1/2019 re #74 Notice of Appeal Transcript due by 4/29/2021. (Tran, Minh) (To be transcribed by Chris Hwang, Abba Reporting. Forwarded to Chris Hwang on 4/20/2021) (slo) |
Filing 76 FILED IN ERROR. PLEASE IGNORE. TRANSCRIPT REQUEST by Nguyen Giai Thi for proceedings held on 4/1/2020 Transcript due by 4/20/2021. (Tran, Minh) Modified on 4/20/2021 (slo, ). |
***FILED IN ERROR. Document # 76, Transcript Request. Attorney Refiled. See Document #77. PLEASE IGNORE.*** (slo, ) |
USCA 5th Circuit Notice: Original eROA has been accepted. (bjc, ) |
Appeal Remark re: Counsel can access the record on appeal by following the instructions in the link. If an appearance wasn't made in the appellant court, counsel doesn't have access through the link. http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf re #74 Notice of Appeal : (bjc, ) |
NOTICE of Docketing Notice of Appeal from USCA re #74 Notice of Appeal filed by Nguyen Giai Thi. USCA Case Number 21-40266 (bjc, ) |
NOTICE of certification of eROA provided to 5th Circuit Court of Appeals (bjc, ) |
Filing 75 CERTIFICATE of service and transmission by Nguyen Giai Thi to #74 Notice of Appeal (Tran, Minh) |
Filing 74 NOTICE OF APPEAL as to #73 Order Adopting Report and Recommendations, by Nguyen Giai Thi. Filing fee $ 505, receipt number 0540-8339834. (Tran, Minh) |
Filing 73 ORDERED that the magistrate judge's #59 Report and Recommendation is adopted; Nguyen's objections are overruled and Texas Farmers Insurance Company's #45 Motion for summary judgment is granted. Accordingly, the above case is dismissed with prejudice with each party to bear its own costs of court. This is a final judgment. Signed by District Judge Marcia A. Crone on 3/10/2021. (bjc, ) |
Filing 72 ORDER granting #70 Motion to Substitute Attorney Keith M Detweiler in place of Jacqueline Childers Crutcher. Signed by Magistrate Judge Zack Hawthorn on 3/10/2021. (bjc, ) |
Filing 71 RESPONSE to Plaintiff's objection to #59 Report and Recommendation by Texas Farmers Insurance Company. (Jones, Bradley) |
Filing 70 MOTION to Substitute Attorney by Texas Farmers Insurance Company. (Attachments: #1 Text of Proposed Order)(Jones, Bradley) |
Filing 69 OBJECTIONS to #59 Report and Recommendation filed by Nguyen Giai Thi. (Attachments: #1 Text of Proposed Order)(Tran, Minh) |
Filing 68 ORDER granting in part #66 Motion for Extension of Time to File Response/Reply. Nguyen has until Monday, March 1, 2021 to file any objections. Signed by Magistrate Judge Zack Hawthorn on 2/24/2021. (bjc, ) |
Filing 67 MOTION to seal Exhibit A-1 to #66 THIRD Emergency MOTION for Extension of Time to File Response/Reply #59 Report and Recommendation by Nguyen Giai Thi. (Attachments: #1 Text of Proposed Order)(Tran, Minh) Modified on 2/24/2021 (bjc, ). |
Filing 66 THIRD Emergency MOTION for Extension of Time to File Response/Reply #59 Report and Recommendation by Nguyen Giai Thi. (Attachments: #1 Sealed Exhibit, #2 Exhibit, #3 Text of Proposed Order)(Tran, Minh) Modified on 2/24/2021 (bjc, ). |
Filing 65 ORDER denying #64 Motion for Extension of Time to File Response/Reply. Nguyen has until February 24, 2021 to file any objections. Signed by Magistrate Judge Zack Hawthorn on 2/23/2021. (bjc, ) |
Filing 64 Second Emergency MOTION for Extension of Time to File opposition to #59 Report and Recommendation by Nguyen Giai Thi. (Attachments: #1 Affidavit, #2 Exhibit)(Tran, Minh) (Additional attachment(s) added on 2/23/2021: #3 Text of Proposed Order) (bjc, ). |
Filing 63 FIFTH AMENDED SCHEDULING ORDER resetting various deadlines. Final Status Conference reset for 4/1/2021 10:00 AM in Ctrm 3 (Beaumont) before District Judge Marcia A. Crone. Signed by Magistrate Judge Zack Hawthorn on 1/22/2021. (bjc, ) |
Filing 62 ORDER granting #61 Motion for Extension of Time to File objections to the report and recommendation. Nguyen has until February 24, 2021 to file any objections. Signed by Magistrate Judge Zack Hawthorn on 1/22/2021. (bjc, ) |
Filing 61 MOTION for Extension of Time to File by Nguyen Giai Thi. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Tran, Minh) |
Filing 60 FOURTH AMENDED SCHEDULING ORDER resetting various deadlines. Final Status Conference set for 3/5/2021 10:00 AM in Ctrm 3 (Beaumont) before District Judge Marcia A. Crone. Signed by Magistrate Judge Zack Hawthorn on 1/19/2021. (bjc, ) |
Filing 59 REPORT AND RECOMMENDATION recommending Texas Farmers Insurance Company's #45 MOTION for Summary Judgment should be granted. Nguyen's claims should be dismissed with prejudice. Signed by Magistrate Judge Zack Hawthorn on 1/11/2021. (bjc, ) |
Filing 58 ORDER granting #55 Motion for leave to file supplemental briefing in response to defendant's motion for summary judgment. Signed by Magistrate Judge Zack Hawthorn on 1/6/2021. (bjc, ) |
Filing 57 REPLY to Response to Motion re #45 MOTION for Summary Judgment filed by Texas Farmers Insurance Company. (Attachments: #1 Exhibit 1 - Declaration of J. Scott Lapine, #2 Exhibit 2 - UPS tracking [PC02313], #3 Exhibit 3 - Claims File Note [PC0241], #4 Exhibit 4 -Colonial Claims Narrative Report [PC0143])(Crutcher, Jacqueline) |
Filing 56 ***FILED IN ERROR. DUPLICATE. PLEASE IGNORE.*** RESPONSE in Support re #45 MOTION for Summary Judgment filed by Nguyen Giai Thi. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Tran, Minh) Modified on 12/21/2020 (bjc, ). |
Filing 55 MOTION for Extension of Time to File Answer re #45 MOTION for Summary Judgment by Nguyen Giai Thi. (Attachments: #1 Text of Proposed Order)(Tran, Minh) |
***FILED IN ERROR. Document # 53, Motion for leave to file. No certificate of conference. PLEASE IGNORE. Attorney will re-file.*** (bjc, ) |
***FILED IN ERROR. DUPLICATE RESPONSE. Document # 56, supplemental response. PLEASE IGNORE.*** (bjc, ) |
Filing 54 SUPPLEMENTAL RESPONSE to #45 MOTION for Summary Judgment filed by Nguyen Giai Thi. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Tran, Minh) |
Filing 53 ***FILED IN ERROR. PLEASE IGNORE.*** MOTION for leave to file supplemental response to Deft's motion for summary judgment by Nguyen Giai Thi. (Attachments: #1 Text of Proposed Order)(Tran, Minh) Modified on 12/21/2020 (bjc, ). |
Filing 52 RESPONSE to Motion re #45 MOTION for Summary Judgment filed by Nguyen Giai Thi. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Text of Proposed Order)(Tran, Minh) |
Filing 51 ORDER granting #50 Motion for Extension of Time to respond. Nguyen's response is due on or before December 18, 2020. Texas Farmers Insurance Company's reply is due on or before January 1, 2021. Signed by Magistrate Judge Zack Hawthorn on 12/4/2020. (bjc, ) |
Filing 50 MOTION for Extension of Time to File Answer by Nguyen Giai Thi. (Attachments: #1 Text of Proposed Order)(Tran, Minh) |
***FILED IN ERROR. Document # 49, response to motion. Incorrect PDF document attached. PLEASE IGNORE.*** (bjc, ) |
Filing 49 ***FILED IN ERROR. PLEASE IGNORE.*** RESPONSE to Motion re #47 MOTION for Extension of Time to File Answer filed by Nguyen Giai Thi. (Attachments: #1 Exhibit, #2 Affidavit, #3 Text of Proposed Order)(Tran, Minh) Modified on 11/13/2020 (bjc, ). |
Filing 48 ORDER granting #47 Motion for Extension of Time to Answer. Nguyen's response is due on or before December 4, 2020. Signed by Magistrate Judge Zack Hawthorn on 11/12/2020. (bjc, ) |
Filing 47 MOTION for Extension of Time to File Answer by Nguyen Giai Thi. (Attachments: #1 Text of Proposed Order)(Tran, Minh) (Additional attachment(s) added on 11/12/2020: #2 Revised Proposed Order) (bjc, ). |
Filing 46 MOTION to Exclude Experts with Incorporated Memorandum in Support by Texas Farmers Insurance Company. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Crutcher, Jacqueline) |
Filing 45 MOTION for Summary Judgment by Texas Farmers Insurance Company. (Attachments: #1 Memorandum in Support of Motion for Summary Judgment, #2 Appendix Appx001-Appx099, #3 Proposed Order)(Crutcher, Jacqueline) |
Filing 44 THIRD AMENDED SCHEDULING ORDER resetting various deadlines. Status Conference reset for 3/5/2021 at 10:00 AM before District Judge Marcia A. Crone. Signed by Magistrate Judge Zack Hawthorn on 7/21/20. (tkd, ) |
Filing 43 ORDER granting #42 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Zack Hawthorn on 7/21/20. (tkd, ) |
TEXT ONLY ORDER denying as moot #37 Motion for Protective Order. Signed by Magistrate Judge Zack Hawthorn on 07-16-2020. (zjh1, ) |
Filing 42 MOTION for Extension of Time to Complete Discovery by Nguyen Giai Thi. (Attachments: #1 Text of Proposed Order)(Tran, Minh) |
Filing 41 NOTICE of Discovery Disclosure by Texas Farmers Insurance Company Expert Disclosures (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Crutcher, Jacqueline) |
Filing 40 PLEASE IGNORE, FILED IN ERROR NOTICE of Attorney Appearance by Minh Tam Tran on behalf of Nguyen Giai Thi (Tran, Minh) Modified on 7/15/2020 (ljw, ). |
***FILED IN ERROR. Document # 40, Notice of Attorney Appearance. PLEASE IGNORE. Attorney wishing to make the appearance must use there personal login and password to file this appearance.*** (ljw, ) |
Filing 39 RESPONSE to Motion re #37 MOTION for Protective Order filed by Texas Farmers Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Proposed Order)(Crutcher, Jacqueline) |
Filing 38 EXHIBITS in support of #37 MOTION for Protective Order .. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Tran, Minh) |
Filing 37 MOTION for Protective Order by Nguyen Giai Thi. (Attachments: #1 Text of Proposed Order)(Tran, Minh) (Additional attachment(s) added on 7/13/2020: #2 Revised Proposed Order) (bjc, ). |
Filing 36 ORDER granting #32 Motion to Compel. Signed by Magistrate Judge Zack Hawthorn on 7/8/2020. (bjc, ) |
Filing 35 ORDER granting #34 Motion to Substitute Attorney Jacqueline Childers Crutcher in place of Carley Ann Faucheaux for Texas Farmers Insurance Company. Signed by Magistrate Judge Zack Hawthorn on 6/25/2020. (bjc, ) |
Filing 34 MOTION to Substitute Attorney by Texas Farmers Insurance Company. (Attachments: #1 Text of Proposed Order)(Jones, Bradley) |
***FILED IN ERROR. Document # 33, motion to substitute counsel. No certificate of conference. PLEASE IGNORE. Attorney will re-file.*** (bjc, ) |
Filing 33 MOTION to Substitute Attorney by Texas Farmers Insurance Company. (Attachments: #1 Text of Proposed Order)(Jones, Bradley) |
Filing 32 MOTION to Compel by Texas Farmers 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 Ex. 12, #13 Ex. 13, #14 Ex. 14, #15 Ex. 15, #16 Ex. 16, #17 Ex. 17, #18 Ex. 18, #19 Ex. 19, #20 Text of Proposed Order)(Jones, Bradley) |
Filing 31 ORDER denying #28 Motion to refer to mediation. Signed by Magistrate Judge Zack Hawthorn on 6/18/2020. (bjc, ) |
Filing 30 RESPONSE to Motion re #28 MOTION to refer to mediation filed by Texas Farmers Insurance Company. (Attachments: #1 Exhibit A - P's Initial Disclosures & Document Production (Part 1), #2 Exhibit A - P's Initial Disclosures & Document Production (Part 2), #3 Exhibit A - P's Initial Disclosures & Document Production (Part 3), #4 Exhibit A - P's Initial Disclosures & Document Production (Part 4), #5 Exhibit B - P's Discovery Responses, #6 Exhibit C - 8.16.2019 Email Correspondence, #7 Exhibit D - 5.11.2020 Email Correspondence)(Faucheux, Carley) |
Filing 29 ***FILED IN ERROR. PLEASE IGNORE.*** CONSENT to Mediation by Nguyen Giai Thi(Tran, Minh) Modified on 6/15/2020 (bjc, ). |
***FILED IN ERROR. Document # 29, Proposed Order. Proposed orders are not filed as a separate document. PLEASE IGNORE.*** (bjc, ) |
Filing 28 MOTION to refer to mediation by Nguyen Giai Thi(Tran, Minh) (Additional attachment(s) added on 6/15/2020: #1 Text of Proposed Order) (bjc, ). |
Filing 27 DESIGNATION of Expert Witnesses by Nguyen Giai Thi. (Tran, Minh) |
Filing 26 ORDER granting #23 Motion to Substitute Party. Nguyen Giai Thi added. Tu Van Nguyen terminated. Signed by Magistrate Judge Zack Hawthorn on 2/3/2020. (bjc, ) |
Filing 25 AMENDED SCHEDULING ORDER: Final Status Conference set for 1/8/2021 10:00 AM in Ctrm 3 (Beaumont) before District Judge Marcia A. Crone. Signed by District Judge Michael J. Truncale on 1/17/2020. (bjc, ) |
Filing 24 Proposed Amended Scheduling Order by Texas Farmers Insurance Company. (Faucheux, Carley) |
Filing 23 MOTION to Substitute Party & Proposed Order by Tu Van Nguyen. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Tran, Minh) (Additional attachment(s) added on 1/15/2020: #4 Text of Proposed Order) (bjc, ). |
Filing 22 NOTICE of designation of expert witnesses by Tu Van Nguyen (Tran, Minh) |
Filing 21 ORDER TO SUBSTITUTE PARTY PURSUANT TO RULE 25(A)(1). It is, therefore, ORDERED that Nguyen substitute a party within ninety (90) days pursuant to Federal Rule of Civil Procedure 25(a)(1), otherwise the claim must be dismissed. Signed by Magistrate Judge Zack Hawthorn on 10/16/19. (ljw, ) |
Filing 20 STATUS REPORT by Plaintiff and by Texas Farmers Insurance Company. (Faucheux, Carley) |
Filing 19 AMENDED ANSWER to Plaintiff's First #15 Amended Complaint by Texas Farmers Insurance Company. (Faucheux, Carley) |
Filing 18 ORDERED that the case is stayed for 60 days. Ordered that the parties file a status report on or before Monday, October 14, 2019. Signed by Magistrate Judge Zack Hawthorn on 8/15/2019. (bjc, ) |
Filing 17 ORDER denying #13 Motion for Judgment on the Pleadings. Signed by Magistrate Judge Zack Hawthorn on 8/15/2019. (bjc, ) |
Filing 16 NOTICE by Tu Van Nguyen Notice of Plaintiff's Death (Tran, Minh) |
Filing 15 AMENDED COMPLAINT against All Defendants, filed by Tu Van Nguyen.(Tran, Minh) |
Filing 14 ORDERED that Plaintiff either (1) respond to Defendant's "motion for judgment on the pleadings" (Doc #13), (2) file an amended complaint, or (3) file a voluntary motion to dismiss her case within 7 days of receipt of this order. Signed by Magistrate Judge Zack Hawthorn on 8/7/2019. (bjc, ) |
Filing 13 MOTION for Judgment on the Pleadings by Texas Farmers Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Appendix)(Jones, Bradley) (Additional attachment(s) added on 7/9/2019: #5 Text of Proposed Order) (bjc, ). |
Filing 12 NOTICE of Discovery Disclosure by Texas Farmers Insurance Company (Faucheux, Carley) |
Filing 11 FIRST AMENDED SCHEDULING ORDER: Final Status Conference set for 7/2/2020 10:00 AM in Ctrm 3 (Beaumont) before District Judge Marcia A. Crone. Amended Pleadings due by 5/1/2019. Discovery completed by 3/12/2020. Proposed Joint Pretrial Order due by 6/18/2020. Signed by Magistrate Judge Zack Hawthorn on 4/1/2019. (bjc, ) |
Minute Entry for proceedings held before Magistrate Judge Zack Hawthorn: Scheduling Conference held on 4/1/2019. Court to enter scheduling order. APPEARANCES: Minh Tran, pla atty; Bradley Jones, dft atty. (Court Time: 10:28AM - 10:30AM) (Courtroom Deputy & FTR Op: Piper, T.) (ttp, ) |
Filing 10 NOTICE of Attorney Appearance - Pro Hac Vice by Minh Tam Tran on behalf of Tu Van Nguyen. Filing fee $ 100, receipt number 0540-7189053. (Tran, Minh) |
Filing 9 SCHEDULING ORDER: Final Status Conference set for 7/2/2020 10:00 AM in Ctrm 3 (Beaumont) before District Judge Marcia A. Crone. Amended Pleadings due by 4/1/2019. Discovery completed by 3/12/2020. Proposed Joint Pretrial Order due by 6/18/2020.. Signed by Magistrate Judge Zack Hawthorn on 3/18/2019. (bjc, ) |
Filing 8 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit A)(Jones, Bradley) |
Filing 7 ANSWER to #2 Complaint by Texas Farmers Insurance Company.(Faucheux, Carley) |
Filing 6 ORDER to conduct Rule 26(f) conference no later than Monday, March 4, 2019. Joint written report filed no later than Monday, March 18, 2019. Rule 16 Management/Scheduling Conference set for 4/1/2019 10:15 AM in Ctrm 4 (Beaumont) before Magistrate Judge Zack Hawthorn. Signed by Magistrate Judge Zack Hawthorn on 2/6/2019. (bjc, ) |
Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Texas Farmers Insurance Company identifying Corporate Parent Farmers Insurance Exchange, Corporate Parent Mid-Century Insurance Company for Texas Farmers Insurance Company. (Faucheux, Carley) |
Filing 4 NOTICE of Attorney Appearance by Carley Ann Faucheux on behalf of Texas Farmers Insurance Company (Faucheux, Carley) |
Filing 3 ORDER REFERRING CASE to Magistrate Judge Zack Hawthorn. Signed by District Judge Marcia A. Crone on 2/5/2019. (bjc, ) |
Filing 2 ***ORIGINALLY FILED IN STATE COURT IN CAUSE NO. A-203106 AND IS INCLUDED INT THE NOTICE OF REMOVAL AS EXHIBIT A***ORIGINAL PETITION against Texas Farmers Insurance Company, filed by Tu Van Nguyen.(aam, ) |
Filing 1 NOTICE OF REMOVAL by Texas Farmers Insurance Company from 58th Judicial District Court County of Jefferson, case number A-203106. (Filing fee $ 400 receipt number 0540-7124040), filed by Texas Farmers Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B)(Faucheux, Carley) |
Case Assigned to District Judge Marcia A. Crone. (aam, ) |
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, ) |
The following attorney was contacted via email on 2/4/2019 regarding admission requirements to the Eastern District of Texas: plaintiff's attorney Tammy Tran (aam, ) |
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