Pham et al v. XL Specialty Insurance Company et al
| Nisa Pham, DTAM-LE 2 and F/V Lucky Timmy |
| XL Specialty Insurance Company, Navigators Insurance Company, Diers and Stark, Inc., Cory Hargis, Harry Stark and Amanda Hoffman |
| 1:2023cv00174 |
| May 3, 2023 |
| US District Court for the Eastern District of Texas |
| Michael J Truncale |
| Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 6, 2023. A more recent docket listing may be available from PACER.
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Filing 17
ORDERED that Defendants XL Specialty Insurance Company and Navigators Insurance Companys Unopposed Motion for Extension of Time [Dkt. 16] is hereby GRANTED. The deadline for Defendants to respond to Plaintiffs Motion to Remand [Dkt. 11] and Motion for Award of Costs and Attorneys Fees [Dkt. 12] is August 7, 2023. Signed by District Judge Michael J. Truncale on 6/6/2023. (bjc, )
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| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 MOTION for Attorney Fees , #11 MOTION to Remand by Amanda Hoffman, Navigators Insurance Company, XL Specialty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order Proposed Order on Motion for Extension)(Browning, Robert) |
| Filing 15 NOTICE by Nisa Pham Notice of Plaintiffs' Insurance Code Demand (Parsons, John) |
| Filing 14 REPORT of Rule 26(f) Planning Meeting. (Parsons, John) |
| Filing 13 NOTICE of Discovery Disclosure by Nisa Pham Plts Initial Mandatory Disclosures (Parsons, John) |
| Filing 12 MOTION for Attorney Fees by Nisa Pham. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Parsons, John) |
| Filing 11 MOTION to Remand by Nisa Pham. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Parsons, John) |
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Filing 10
ORDER granting #7 Unopposed Verified Plea in Abatement. This case is abated until the 60th day after pltf provides defts with written notice that complies with Texas Insurance Code 541.154. Pltf is directed to provide this notice within 14 days. The parties are directed to file a joint status report 61 days after pltf provide defts with the notice. The Case Management Conference set for 6/2/2023 is CANCELLED. Signed by District Judge Michael J. Truncale on 5/17/23. (tkd, )
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| ***FILED IN ERROR. Please ignore doc #9, Motion to Remand and for Attorney Fees. Attorney must re-file to comply with local rules regarding multi-part motions. (tkd, ) |
| Filing 9 FILED IN ERROR. Please ignore. MOTION to Remand and Award of Costs and Attorney's Fees by Nisa Pham. (Attachments: #1 Exhibit Insurance Denial Letter, #2 Exhibit Insurance Investigation Report, #3 Exhibit Plaintiffs' Report, #4 Exhibit Plt Attorney's Aff for Atty Fees, #5 Text of Proposed Order Proposed Order Granting Remand)(Parsons, John) Modified on 5/17/2023 (tkd, ). |
| Filing 8 FILED IN ERROR. Please ignore. MOTION to Remand and Award of Costs and Attorney's Fees by Nisa Pham. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)(Parsons, John) Modified on 5/16/2023 (tkd, ). |
| ***FILED IN ERROR. Please ignore doc #8, Motion to Remand and Motion for Attorney Fees. Attorney must re-file to comply with Local Rule CV-7(a) regarding searchable PDF and multi-part motions. (tkd, ) |
| NOTICE of Hearing: Case Management Conference RESET for 6/20/2023 10:30 AM in Chambers before District Judge Michael J. Truncale. (jmv, ) |
| Filing 7 Unopposed Verified Plea in Abatement by Navigators Insurance Company, XL Specialty Insurance Company (Attachments: #1 Affidavit of William D. Abbott, #2 Text of Proposed Order Granting) (Abbott, William) Modified on 5/12/2023 (tkd, ). |
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Filing 6
ORDER directing the parties to conduct a Rule 26(f) attorney conference by 5/23/2023. Rule 16 Case Management Conference set for 6/14/2023 at 10:00 AM before District Judge Michael J. Truncale. Signed by District Judge Michael J. Truncale on 5/9/23. (tkd, )
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| Filing 2 NOTICE of Attorney Appearance by Marc J Wojciechowski on behalf of Diers and Stark, Inc., Cory Hargis, Harry Stark (Wojciechowski, Marc) |
| 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 5 ORIGINAL ANSWER (Filed in State Court) to #3 Original Petition, filed by Amanda Hoffman, Navigators Insurance Company, XL Specialty Insurance Company.(tkd, ) |
| Filing 4 ORIGINAL ANSWER (Filed in State Court) to #3 Original Petition, filed by Diers and Stark, Inc., Cory Hargis, Harry Stark.(tkd, ) |
| Filing 3 ORIGINAL PETITION (Filed in State Court) against Diers and Stark, Inc., Cory Hargis, Amanda Hoffman, Navigators Insurance Company, Harry Stark, XL Specialty Insurance Company, filed by F/V Lucky Timmy, DTAM-LE 2, Nisa Pham.(tkd, ) |
| DEMAND for Trial by Jury by DTAM-LE 2, F/V Lucky Timmy, Nisa Pham. (tkd, ) |
| Filing 1 NOTICE OF REMOVAL by XL Specialty Insurance Company, Navigators Insurance Company from 60th Judicial District Court of Jefferson County, case number 23DCCV0159. (Filing fee $ 402 receipt number ATXEDC-9481417), filed by XL Specialty Insurance Company, Navigators Insurance Company. (Attachments: #1 Exhibit A - Civil & Supplemental Cover Sheets, #2 Exhibit B - Index of Matters Being Filed, #3 Exhibit C - Plaintiffs' Original Petition, #4 Exhibit D - Forum Defendants' Answer, #5 Exhibit E - Removal Defendants' Answer, #6 Exhibit F - Harry Stark's Executed Declaration, #7 Exhibit G - Amanda Hoffman's Executed Declaration, #8 Exhibit H - Certified Case Docket Sheet, #9 Exhibit I - Proof of Service, #10 Exhibit J - List of All Counsel for All Parties, #11 Exhibit K - Originating Court Information)(Abbott, William) |
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