Dilks et al v. Progressive Flood Insurance Processing et al
| Robert D. Dilks, Katye O'Dell and Robert D Dilks, Jr |
| American Strategic Insurance Corp., Cheryl Biehle, Stephen M. Biehle and Progressive Flood Insurance Processing |
| 1:2020cv00217 |
| May 21, 2020 |
| US District Court for the Eastern District of Texas |
| Michael J Truncale |
| Insurance |
| 42 U.S.C. § 4001 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 23, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 67 FINAL JUDGMENT that pltfs take nothing in this cause against American Strategic Insurance Corp, and that all costs of suit are taxed against the pltfs. All pending motions are denied as moot, and all court dates and pending deadlines are vacated. Signed by District Judge Michael J. Truncale on 8/23/21. (tkd, ) |
Filing 66
OPINION and ORDER granting #48 Motion for Summary Judgment. Signed by District Judge Michael J. Truncale on 8/23/21. (tkd, )
|
| Filing 65 Proposed Findings of Fact by American Strategic Insurance Corp.. (Britt, Kim) |
| Filing 64 Proposed Findings of Fact by Robert D Dilks, Jr, Katye O'Dell. (Partain, Bruce) |
| Filing 63 Proposed Pretrial Order by Robert D Dilks, Jr, Katye O'Dell. (Attachments: #1 Exhibit Exhibit and Witness List)(Partain, Bruce) |
|
Filing 62
ORDER granting the #47 Motion for Judgment on the Pleadings pursuant to Federal Rule of Civil Procedure 12(c), and in the alternative, Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56. It is ordered that Plaintiffs claims against Defendants Stephen and Cheryl Biehle are dismissed with prejudice and all other pending motions filed by the Biehles are dismissed as moot. Signed by District Judge Michael J. Truncale on 7/27/21. (kcv, )
|
| Filing 61 NOTICE of Discovery Disclosure by Robert D Dilks, Jr, Katye O'Dell (Third Supplemental Mandatory Disclosures) (Partain, Bruce) |
| Filing 60 REPORT of Evaluator. The Early Neutral Evaluation resulted in an impasse. Signed by Magistrate Judge Keith F. Giblin on 7/6/2021. (kcv, ) |
|
Filing 59
FIRST AMENDED SCHEDULING ORDER granting the #58 Joint Motion to Extend Pretrial Deadlines. Certain pretrial deadlines extended as stated. Final Pretrial Conference remains set for 9/13/2021 09:00 AM in Ctrm 2 (Beaumont) before District Judge Michael J. Truncale. Bench Trial remains set for 9/13/2021 at 9:00 a.m. in Ctrm 2 (Beaumont) before District Judge Michael J Truncale. Signed by District Judge Michael J. Truncale on 6/30/21. (kcv, )
|
| Filing 58 Joint MOTION to Extend Pretrial Deadlines by Stephen M. Biehle. (Attachments: #1 Text of Proposed Order)(Bennett, Karen) Modified title on 6/29/2021 (kcv, ). |
| Filing 57 SUR-REPLY to Reply to Response to Motion re #48 MOTION for Summary Judgment and Incorporated Memorandum in Support filed by Robert D Dilks, Jr, Katye O'Dell. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Partain, Bruce) |
|
Filing 56
ORDER granting the #54 Motion for Extension of Time to File Response/Reply. It is further ordered that Plaintiffs' deadline to file their Sur-Reply to Defendants Stephen M. Biehle and Cheryl Biehle's Reply to Plaintiffs Response to Motion to Dismiss for Lack of Subject Matter Jurisdiction, Motion for Judgment on the Pleadings and, in the Alternative, Motion for Summary Judgment is May 26, 2021. It is also ordered that Plaintiffs deadline to file their Sur-Reply to Defendant American Strategic Insurance Corporation's Reply Memorandum in Support of Motion for Summary Judgment is due June 1, 2021. Signed by District Judge Michael J. Truncale on 5/27/21. (kcv, )
|
| Filing 55 SUR-REPLY to Reply to Response to Motion re #47 MOTION for Judgment on the Pleadings an in the alternative, motion for summary judgment filed by Robert D Dilks, Jr, Katye O'Dell. (Attachments: #1 Exhibit 1)(Partain, Bruce) |
| Filing 54 MOTION for Extension of Time to File Response/Reply by Robert D Dilks, Jr, Katye O'Dell. (Attachments: #1 Text of Proposed Order)(Partain, Bruce) |
| ***FILED IN ERROR. Document # 53, Motion for Extension of Time to File Response/Reply, is not in compliance of Local Rules. Pursuant to Local Rule 7(a), motions, responses, replies and proposed orders, if filed electronically, shall be submitted in 'searchable pdf' format and proposed orders shall not include a date or signature block. Counsel has been advised to correct and refile. PLEASE IGNORE.*** (kcv, ) Modified on 5/27/2021 (kcv, ). |
| Filing 53 FILED IN ERROR. Please ignore.***MOTION for Extension of Time to File Response/Reply by Robert D Dilks, Jr, Katye O'Dell. (Attachments: #1 Text of Proposed Order)(Partain, Bruce) Modified on 5/26/2021 (kcv, ). |
| Filing 52 RESPONSE in Support re #48 MOTION for Summary Judgment and Incorporated Memorandum in Support filed by American Strategic Insurance Corp.. (Hands, Iliaura) |
| Filing 51 RESPONSE to Motion re #48 MOTION for Summary Judgment and Incorporated Memorandum in Support, filed by Robert D Dilks, Jr, Katye O'Dell (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit ASI - Exhibit 4, #10 Text of Proposed Order)(Partain, Bruce) Modified title on 5/14/2021 (kcv, ). |
| Filing 50 REPLY to Response to Motion re #47 MOTION for Judgment on the Pleadings an in the alternative, motion for summary judgment filed by Stephen M. Biehle. (Bennett, Karen) |
| Filing 49 RESPONSE to Motion re #47 MOTION for Judgment on the Pleadings an in the alternative, motion for summary judgment filed by Robert D Dilks, Jr, Katye O'Dell. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Text of Proposed Order on Pleadings Denying Motion for Summary Judgment, #11 Text of Proposed Order Denying Motion for Summary Judgment)(Partain, Bruce) |
| Filing 48 MOTION for Summary Judgment and Incorporated Memorandum in Support by American Strategic Insurance Corp.. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14)(Hands, Iliaura) |
| Filing 47 MOTION for Judgment on the Pleadings an in the alternative, motion for summary judgment by Stephen M. Biehle. (Attachments: #1 Text of Proposed Order Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Bennett, Karen) |
| ***FILED IN ERROR. Document # 45, MOTION for Judgment on the Pleadings and in the alternative, Motion for Summary Judgment contains exhibits that are not attached as separate PDF documents. Pursuant to Local Rule 5, 'each exhibit or attachment must be a separate PDF document and identified with specificity.' Counsel has been instructed to correct and refile. PLEASE IGNORE.*** (kcv, ) |
| ***FILED IN ERROR. Document # 46, Motion for Summary Judgment, contained a separate briefing/memorandum attachment. Pursuant to Local Rule CV-7(c) "The motion and an briefing shall be contained in one document." Counsel has been instructed to refile. PLEASE IGNORE.*** (kcv, ) |
| Filing 46 ***FILED IN ERROR. Please ignore.***MOTION for Summary Judgment by American Strategic Insurance Corp.. (Attachments: #1 Memorandum in Support of Motion for Summary Judgment, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Text of Proposed Order)(Hands, Iliaura) Modified on 4/22/2021 (kcv, ). |
| Filing 45 ***FILED IN ERROR. Please ignore.***MOTION for Judgment on the Pleadings and in the alternative, Motion for Summary Judgment by Stephen M. Biehle. (Attachments: #1 Text of Proposed Order Motion for Judgment on Pleadings)(Bennett, Karen) Modified on 4/22/2021 (kcv, ). |
| Filing 44 NOTICE of Designation of Expert Witness by American Strategic Insurance Corp. (Hands, Iliaura) Modified title on 3/1/2021 (kcv, ). |
| Filing 43 NOTICE of First Supplemental Rule 26(a)(1) Disclosures by Stephen M. Biehle. (Bennett, Karen) Modified title on 3/1/2021 (kcv, ). |
| Filing 42 NOTICE of Designation of Expert Witnesses by Cheryl Biehle, Stephen M. Biehle (Bennett, Karen) Modified title on 2/26/2021 (kcv, ). |
| Filing 41 NOTICE of Attorney Appearance by Valerie Sarah Lewis on behalf of Stephen M. Biehle and Cheryl Biehle (Lewis, Valerie) Modified title on 2/26/2021 (kcv, ). |
| ***FILED IN ERROR. Document # 39, Designation of Expert Witnesses was incorrectly filed as a Witness List with an attachment which constitutes disclosure/discovery, which this court does not accept. Counsel has been instructed to refile a Notice only. PLEASE IGNORE.*** (kcv, ) |
| ***FILED IN ERROR. Document # 40, Notice of Attorney Appearance must be signed by, and filed by the appearing counsel. Counsel has been instructed to refile the Notice. PLEASE IGNORE.*** (kcv, ) |
| Filing 40 ***FILED IN ERROR. Please ignore.*** NOTICE of Attorney Appearance by Karen Renee Bennett on behalf of Cheryl Biehle, Stephen M. Biehle (Bennett, Karen) Modified on 2/26/2021 (kcv, ). |
| Filing 39 ***FILED IN ERROR. Please ignore.***Witness List by Cheryl Biehle, Stephen M. Biehle. (Attachments: #1 Exhibit A)(Bennett, Karen) Modified on 2/26/2021 (kcv, ). |
| Filing 38 American Strategic Insurance Corporation's ANSWER to #36 Amended Complaint, and Affirmative Defenses by American Strategic Insurance Corp..(Hands, Iliaura) |
| Filing 37 ANSWER to #36 Amended Complaint, by Cheryl Biehle, Stephen M. Biehle.(Bennett, Karen) |
| Filing 36 AMENDED COMPLAINT against American Strategic Insurance Corp., Cheryl Biehle, Stephen M. Biehle, filed by Robert D Dilks, Jr, Katye O'Dell. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Partain, Bruce) |
| Filing 35 Experts Witness List by Robert D Dilks, Jr, Katye O'Dell. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Exhibit A, #4 Exhibit B)(Partain, Bruce) |
| Minute Entry for proceedings held before Magistrate Judge Keith F. Giblin: Early Neutral Evaluation Conference held on 11/12/2020. Parties appeared before the court by video conference and presented their case to the court. (Court Time: 2:20-3:20 pm.)(Appearance: B. Partian (Pltf Atty); I. Hands (ASI Atty) and K. Bennett (Biehle Atty)(Courtroom Deputy/FTR OP: Sherre White.) (saw, ) |
| Filing 34 NOTICE by Cheryl Biehle, Stephen M. Biehle of Filing Initial Disclosure (Bennett, Karen) |
| Filing 33 REPLY to Response to #31 MOTION to Dismiss filed by Cheryl Biehle, Stephen M. Biehle. (Attachments: #1 Text of Proposed Order)(Bennett, Karen) Modified on 11/2/2020 (kcv, ). |
| Filing 32 RESPONSE in Opposition re #31 MOTION to Dismiss of Biehle Defendants filed by Robert D Dilks, Jr, Katye O'Dell. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Partain, Bruce) |
| Filing 31 MOTION to Dismiss by Cheryl Biehle, Stephen M. Biehle. (Attachments: #1 Text of Proposed Order)(Bennett, Karen) |
| Filing 30 Second Amended ANSWER to #1 Complaint, by Cheryl Biehle, Stephen M. Biehle.(Bennett, Karen) |
|
Filing 29
ORDER granting #28 Motion for attorneys Kyla McGee and Dominique Hinson to withdraw, and for attorney Karen Bennett to be substituted as counsel for defts Stephen Biehle and Cheryl Biehle. Signed by District Judge Michael J. Truncale on 10/14/20. (tkd, )
|
| Filing 28 Unopposed MOTION to Withdraw and Substitute Counsel by Stephen M. Biehle. (Attachments: #1 Text of Proposed Order)(Bennett, Karen) |
| Filing 27 NOTICE of Second Supplemental Disclosure by Robert D Dilks, Jr, Katye O'Dell re #16 Notice of Disclosure (Partain, Bruce) Modified on 9/25/2020 (tkd, ). |
| Filing 26 NOTICE of First Supplemental Disclosure by Robert D Dilks, Jr, Katye O'Dell re #16 Notice of Discovery Disclosure (Partain, Bruce) Modified on 9/24/2020 (tkd, ). |
| Filing 25 NOTICE Setting Forth Early Neutral Evaluation Procedures. Signed by Magistrate Judge Keith F. Giblin on 8/19/20. (tkd, ) |
|
Filing 24
ORDER setting Neutral Evaluation Conference for 11/12/2020 at 2:00 PM before Magistrate Judge Keith F. Giblin. Signed by Magistrate Judge Keith F. Giblin on 8/19/20. (tkd, )
|
|
Filing 23
ORDER REFERRING CASE to Mediator Judge Giblin. Signed by District Judge Michael J. Truncale on 8/7/2020. (bjc, )
|
|
Filing 22
SCHEDULING ORDER: Final Pretrial Conference set for 9/13/2021 09:00 AM in Ctrm 2 (Beaumont) before District Judge Michael J. Truncale. Bench Trial set for 9/13/2021 at 9:00 a.m. in Ctrm 2 (Beaumont) before District Judge Michael J Truncale. Signed by District Judge Michael J. Truncale on 8/7/2020. (bjc, )
|
| Set/Reset Hearings: Bench Trial set for 9/13/2021 09:00 AM in Ctrm 2 (Beaumont) before District Judge Michael J. Truncale. (bjc, ) |
| Minute Entry for proceedings held before District Judge Michael J. Truncale: Case Management Conference held on 8/6/2020 via telephone. Attorneys present: Bruce Partain, Kim Brit, Bradley Jones, Dominique Hinson, Kyla McGee. Court will enter scheduling order. (Court Reporter None present.) (jmv, ) |
|
Filing 21
ORDER granting #19 Joint Stipulation of Dismissal. Pltfs' claims against Progressive Flood Insurance Processing are dismissed with prejudice. Each party will bear its own costs and attorneys' fees. Signed by District Judge Michael J. Truncale on 8/5/20. (tkd, )
|
| Filing 20 NOTICE of Attorney Appearance by Kyla Wilder McGee on behalf of Cheryl Biehle, Stephen M. Biehle (Wilder McGee, Kyla) |
| Filing 19 STIPULATION of Dismissal As to Only Defendant, Progressive Flood Insurance Processing by American Strategic Insurance Corp., Progressive Flood Insurance Processing. (Attachments: #1 Proposed Order)(Hands, Iliaura) |
| Filing 18 AMENDED ANSWER to Plaintiff's Original Complaint by Cheryl Biehle, Stephen M. Biehle. (Hinson, Dominique) |
| Filing 17 REPORT of Rule 26(f) Planning Meeting - PROPOSED SCHEDULING ORDER. (Partain, Bruce) Modified on 7/28/2020 (jmv, ). |
| Filing 16 NOTICE of Discovery Disclosure by Robert D Dilks, Jr, Katye O'Dell (Partain, Bruce) |
| Filing 15 REPORT of Rule 26(f) Planning Meeting. (Partain, Bruce) |
|
Filing 14
ORDER Setting Civil Action for Rule 16 Mgmt/Scheduling Conference set for 8/6/2020 10:30 AM before District Judge Michael J. Truncale. Attorney Conference should be held on or before 7/17/20. Signed by District Judge Michael J. Truncale on 6/26/20. (fal, )
|
| Filing 13 NOTICE of Attorney Appearance by Kim Tran Britt on behalf of American Strategic Insurance Corp., Progressive Flood Insurance Processing (Britt, Kim) |
| Filing 12 NOTICE of Attorney Appearance by Iliaura Hands on behalf of American Strategic Insurance Corp., Progressive Flood Insurance Processing (Hands, Iliaura) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT filed by American Strategic Insurance Corp. identifying Corporate Parent The Progressive Corporation for American Strategic Insurance Corp.. (Jones, Bradley) |
| Filing 10 NOTICE by American Strategic Insurance Corp. CERTIFICATE OF INTERESTED PARTIES (Jones, Bradley) |
| Filing 9 ANSWER to #1 Complaint, by American Strategic Insurance Corp..(Jones, Bradley) |
| Filing 8 SUMMONS Returned Executed by Robert D Dilks, Jr, Katye O'Dell. All Defendants. (Partain, Bruce) |
| Filing 7 ANSWER to #1 Complaint, by Cheryl Biehle, Stephen M. Biehle.(Hinson, Dominique) |
| Filing 6 SUMMONS Returned Executed by Robert D Dilks, Jr, Katye O'Dell. American Strategic Insurance Corp served on 5/27/2020. (Partain, Bruce) Modified on 6/1/2020 (bjc, ). |
| Filing 5 FILED IN ERROR, PLEASE IGNORE. PREVIOUSLY ISSUED ON 5/22/20SUMMONS Issued as to American Strategic Insurance Corp., Cheryl Biehle, Stephen M. Biehle, Progressive Flood Insurance Processing. (fal, ) Modified on 5/27/2020 (fal, ). |
| Filing 4 SUMMONS Returned Executed by Robert D Dilks, Jr, Katye O'Dell. All Defendants. (Partain, Bruce) |
| Filing 3 SUMMONS Returned Executed by Robert D Dilks, Jr, Katye O'Dell. All Defendants. (Partain, Bruce) |
| Filing 2 SUMMONSES Issued as to American Strategic Insurance Corp., Cheryl Biehle, Stephen M. Biehle, Progressive Flood Insurance Processing. (tkd, ) |
| Case assigned to District Judge Michael J. Truncale. (tkd, ) |
| 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. (tkd, ) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-7803638.), filed by Robert D. Dilks, Katye O'Dell. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Partain, Bruce) (Additional attachment(s) added on 5/21/2020: #8 Civil Cover Sheet) (fal, ). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
