Bryan's Convenience & Food Store, L.L.C. al v. Wright National Flood Insurance Company et al
| Bryan's Convenience & Food Store, L.L.C. D/B/A Bryan's Food Stop, Ma-Imelda Tristan Hernandez A/K/A Ma-Imelda Hernandez, Judyth Magana, Ma-Imelda Tristan Hernandez, Bryan's Convenience & Food Store LLC doing business as Bryan's Food Stop and Ma-Imelda Hernandez |
| Wright National Flood Insurance Company, Maxum Indemnity Company and Amwins Access Insurance Services, LLC |
| 1:2021cv00523 |
| October 18, 2021 |
| US District Court for the Eastern District of Texas |
| Michael J Truncale |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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Filing 39
ORDERED that all remaining claims pending in this matter are dismissed with prejudice, and the Parties shall bear their own attorneys' fees and costs. Ordered that all Court dates and deadlines are vacated, and all pending motions are denied as moot. Signed by District Judge Michael J. Truncale on 7/27/2022. (bjc, )
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| Filing 38 STIPULATION of Dismissal Joint by Maxum Indemnity Company. (Attachments: #1 Text of Proposed Order Order Approving Joint Dismissal)(Grabouski, Laura) |
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Filing 37
OPNION and ORDER. It is ordered that that BRYAN'S FOOD STOP shall file a Second Amended Complaint that alleges with specificity its distinct factual and legal claims against each Defendant no later than Monday, July 18, 2022. Should BRYAN' S FOOD STOP fail to do so, it is henceforth on NOTICE that its case against the Defendants, WRIGHT NATIONAL FLOOD INSURANCE COMPANY and MAXUM INDEMNITY COMPANY SHALL IMMEDIATELY BE DISMISSED WITH PREJUDICE pursuant to FED. R. CIV. P. 41(b). It is further ordered that the Defendant, WRIGHT NATIONAL FLOOD INSURANCE COMPANY's #36 Motion for Leave to File Previously Filed Motion for Summary Judgment is denied. To be clear, however, Wright may re-file its previously filed motion for summary judgment should Bryans Food Stop file an amended complaint within the allotted time. Signed by District Judge Michael J. Truncale on 7/13/22. (kcv, )
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| Filing 36 MOTION for Leave to File previously filed Motion for Summary Judgment by Wright National Flood Insurance Company. (Attachments: #1 Exhibit Ex. A-Wright's Motion for Summary Judgment with Exhibits, #2 Text of Proposed Order)(Morgan, Joel) |
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Filing 35
ORDERED that the Defendant, Wright National Flood Insurance Company's #9 Motion for partial dismissal is granted. Ordered that the Defendant, Maxum Indemnity Company's #21 Motion to dismiss is granted. Ordered that the Plaintiffs, Bryan's Convenience & Food Store LLC, Ma-Imelda Tristan Hernandea, and Judyth Magana shall file an amended complaint consistent with this Order that alleges with specificity their distinct factual and legal claims against each Defendant. The Plaintiffs' deadline for filing said amended complaint is Monday, June 6, 2022. Order denying as moot #25 Motion for leave to file first amended complaint, #27 Motion for leave to file an out of time response, #22 Motion for extension of time to respond to the Plaintiffs' amended pleadings, #33 Motion for extension of time to file motion for summary judgment and #34 Motion for summary judgment. Signed by District Judge Michael J. Truncale on 5/20/2022. (bjc, )
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| Filing 34 MOTION for Summary Judgment by Wright National Flood 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 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Text of Proposed Order)(Morgan, Joel) |
| Filing 33 MOTION for Extension of Time to File Motion for Summary Judgment by Maxum Indemnity Company. (Attachments: #1 Text of Proposed Order Order Granting Extension)(Grabouski, Laura) |
| Filing 32 AMENDMENT to Maxum Indemnity Company's brief and opposition to Plaintiffs' #27 MOTION for Leave to File an out of time response, #25 Opposed MOTION for Leave to File amended complaint filed by Maxum Indemnity Company. (Attachments: #1 Exhibit A-Brief & Opposition Doc. 30)(Grabouski, Laura) |
| Filing 31 RESPONSE in Opposition re #25 Opposed MOTION for Leave to File amended complaint filed by Wright National Flood Insurance Company. (Attachments: #1 Text of Proposed Order)(Morgan, Joel) |
| Filing 30 RESPONSE in Opposition re #27 MOTION for Leave to File an out of time response, #25 Opposed MOTION for Leave to File amended complaint filed by Maxum Indemnity Company. (Attachments: #1 Text of Proposed Order Denying Plaintiffs' Motion to File Responsive Pleading and Response to Motion to Dismiss)(Grabouski, Laura) |
| Filing 29 NOTICE by Bryan's Convenience & Food Store LLC, Ma-Imelda Tristan Hernandez, Judyth Magana Notice of Enrollment of Additional Counsel (Byrd, Jason) |
| Filing 28 Response to #21 MOTION to Dismiss for Failure to State a Claim filed by Bryan's Convenience & Food Store LLC. (Attachments: #1 Exhibit)(Yoes, Stuart) |
| Filing 27 MOTION for Leave to File an out of time response by Bryan's Convenience & Food Store LLC, Ma-Imelda Tristan Hernandez. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Yoes, Stuart) |
| Filing 26 AMENDED COMPLAINT First Amended Complaint against All Defendants, filed by Bryan's Convenience & Food Store LLC, Ma-Imelda Tristan Hernandez.(Yoes, Stuart) |
| Filing 25 Opposed MOTION for Leave to File amended complaint by Bryan's Convenience & Food Store LLC, Ma-Imelda Tristan Hernandez. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Yoes, Stuart) |
| Filing 24 FILED IN ERRORS. Please ignore.First MOTION for Leave to File First Amended Complaint by Bryan's Convenience & Food Store LLC. (Attachments: #1 Text of Proposed Order Order Plaintiffs' Leave of Court to File First Amended Complaint)(Yoes, Stuart) Modified on 4/8/2022 (tkd, ). |
| Filing 23 FILED IN ERROR. Please ignore.First MOTION for Leave to File an out of time response by Bryan's Convenience & Food Store LLC. (Yoes, Stuart) Modified on 4/8/2022 (tkd, ). |
| ***FILED IN ERROR. Please ignore docs #23-24, Motions filed by plaintiff. Attorney will re-file these motions in compliance with local rules. (tkd, ) |
| Filing 22 MOTION for Extension of Time to Amend Pleadings by Maxum Indemnity Company. (Attachments: #1 Text of Proposed Order Order Granting Extension)(Grabouski, Laura) |
| Filing 21 MOTION to Dismiss for Failure to State a Claim by Maxum Indemnity Company. (Attachments: #1 Exhibit A-Policy)(Grabouski, Laura) (Additional attachment(s) added on 2/11/2022: #2 Text of Proposed Order) (bjc, ). |
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Filing 20
ORDERED that Plaintiffs' claims as to Defendant Amwins Access Insurance Services LLC are dismissed without prejudice, and the Parties shall bear their own attorneys' fees and cost with respect to the above-referenced claims only. Ordered that all Court dates and deadlines as the relate to Amwins are hereby vacated, and all pending motions as they relate to Amwins are hereby denied as moot. Signed by District Judge Michael J. Truncale on 1/13/2022. (bjc, )
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| Filing 19 STIPULATION of Dismissal Without Prejudice by Amwins Access Insurance Services, LLC. (Kearns, Jennifer) |
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Filing 18
SCHEDULING ORDER setting various deadlines. Final Pretrial Conference set for 9/1/2022 09:00 AM in Ctrm 2 (Beaumont) before District Judge Michael J. Truncale. Jury Selection and Trial set for 9/12/2022 09:00 AM in Ctrm 2 (Beaumont) before District Judge Michael J. Truncale. Signed by District Judge Michael J. Truncale on 11/29/2021. (bjc, )
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| Minute Entry for proceedings held before District Judge Michael J. Truncale: Case Management Conference held on 11/29/2021. Attorneys present: Stuart Yoes, Ryan Watson, Laura Grabouski, Jennifer Kearns. Court will enter scheduling order. (Court Reporter None.) (jmv, ) |
| Filing 17 NOTICE of Discovery Disclosure by Amwins Access Insurance Services, LLC (Kearns, Jennifer) |
| Filing 16 NOTICE of Discovery Disclosure by Wright National Flood Insurance Company (Morgan, Joel) |
| Filing 15 NOTICE of Discovery Disclosure by Maxum Indemnity Company (Grabouski, Laura) |
| Filing 14 Submission of Proposed Agreed Docket Control/Scheduling order by Amwins Access Insurance Services, LLC, Maxum Indemnity Company, Wright National Flood Insurance Company . (Grabouski, Laura) |
| Filing 13 REPORT of Rule 26(f) Planning Meeting. (Grabouski, Laura) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT filed by Amwins Access Insurance Services, LLC (Kearns, Jennifer) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT filed by Bryan's Convenience & Food Store LLC (Yoes, Stuart) |
| Filing 10 NOTICE of Discovery Disclosure by Ma-Imelda Tristan Hernandez (Yoes, Stuart) |
| Filing 9 MOTION to Dismiss Plaintiffs' state law causes of action (counts 2-7), and claims for treble damages, attorneys' fees, exemplary damages, costs, interest, pain, suffering, disability, loss of earning capacity and emotional distress by Wright National Flood Insurance Company. (Attachments: #1 Text of Proposed Order)(Jones, Bradley) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT filed by Wright National Flood Insurance Company identifying Corporate Parent Brown & Brown, Inc for Wright National Flood Insurance Company. (Jones, Bradley) |
| Filing 7 ANSWER to Complaint (Notice of Removal) by Wright National Flood Insurance Company. (Jones, Bradley) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT filed by Maxum Indemnity Company identifying Corporate Parent The Hartford Financial Services Group Inc, Corporate Parent Hartford for Maxum Indemnity Company. (Grabouski, Laura) |
| Filing 5 NOTICE by Maxum Indemnity Company re #1 Notice of Removal, Joinder (Attachments: #1 Exhibit 1-Answer, Jefferson Co, TX)(Grabouski, Laura) |
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Filing 4
ORDERED that Rule 26(f) attorney conference must occur by 11/9/2021. Rule 16 Case Management/Scheduling Conference set for 11/29/2021 10:30 AM in Room 221 (Beaumont) before District Judge Michael J. Truncale. Signed by District Judge Michael J. Truncale on 10/20/2021. (bjc, )
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| Filing 3 ***ORIGINALLY FILED IN STATE COURT AND IS INCLUDED IN THE NOTICE OF REMOVAL.*** ANSWER to #2 Petition by Amwins Access Insurance Services, LLC.(bjc, ) |
| Filing 2 ***ORIGIANLLY FILED IN STATE COURT AND IS INCLUDED IN THE NOTICE OF REMOVAL.*** PETITION against All Defendants.(bjc, ) |
| DEMAND for Trial by Jury by Bryan's Convenience & Food Store LLC, Ma-Imelda Tristan Hernandez, Judyth Magana. (bjc, ) |
| Case assigned to District Judge Michael J. Truncale. (bjc, ) |
| 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. (bjc, ) |
| Filing 1 NOTICE OF REMOVAL by Wright National Flood Insurance Company from 58th Judicial District Court, Jefferson County, Texas, case number A-0208316. (Filing fee $ 402 receipt number 0540-8630076), filed by Wright National Flood Insurance Company. (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D, #5 Ex. E, #6 Ex. F)(Jones, Bradley) |
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