Volponi v. American Economy Insurance Company
| Edward Volponi |
| American Economy Insurance Company |
| Greg Thompson |
| 4:2023cv00036 |
| January 13, 2023 |
| US District Court for the Eastern District of Texas |
| Aileen Goldman Durrett |
| Sean D Jordan |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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Filing 46
ORDER granting #37 OPPOSED MOTION to Extend Abatement and Remaining Deadlines. All deadlines in the instant lawsuit are abated for sixty (60) days while the court has an opportunity to consider Defendant's Motion to Compel Appraisal (Dkt. #19 ). Signed by Magistrate Judge Aileen Goldman Durrett on 12/5/2023. (jmb, )
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| Filing 45 Minute Entry for proceedings held before Magistrate Judge Aileen Goldman Durrett: Status Conference held on 12/5/2023. Attorney Appearances: Plaintiff - Melanie Schneider; Defense - Kieran Leary, Aaron Mitchell. (No exhibits)(Court Reporter Digital Recording.) (jmb, ) |
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Filing 44
ORDER SETTING IN-PERSON HEARING. Based upon the pleadings of the parties, (Dkt. #38 ; Dkt. #39 ; Dkt. #42 ), the court is receiving contradictory information from the parties regarding each other's candor and conduct before this court. Accordingly, the court hereby sets this matter for an in-person hearing to ascertain what has transpired in this lawsuit. It is ORDERED that Plaintiff's Emergency Motions for Protective Orders (Dkt. #38 ; Dkt. #39 ) are DENIED AS MOOT. It is further ORDERED that the parties are required to appear, in person, for a hearing on December 5, 2023, at 1:30 p.m. at the United States Courthouse Annex, 200 N. Travis Street, Sherman, Texas 75090. The parties are reminded that they are required to comply with the Federal Rules of Civil Procedure and the Eastern District of Texas Local Rules, including the requirement to meet and confer in person or via telephone. Signed by Magistrate Judge Aileen Goldman Durrett on 11/17/2023. (jmb, )
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| Filing 43 STATUS REPORT by American Economy Insurance Company. (Attachments: #1 Exhibit A)(Leary, Kieran) |
| Filing 42 RESPONSE in Opposition re #39 EMERGENCY MOTION for Protective Order for Deposition of Edward Volponi, #38 EMERGENCY MOTION for Protective Order for the Deposition of Glenn Nelson, P.E. filed by American Economy Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Leary, Kieran) |
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Filing 41
ORDER. It is ORDERED that the parties meet and confer to schedule appropriate times and dates for the desired depositions. It is also ORDERED that the parties file a Joint Status Report with the court no later than Friday, November 17, 2023, at 4:00 p.m. about whether the parties have met and conferred about the times and dates for the depositions and whether the parties have scheduled the same. It is further ORDERED that if the parties are unable to agree on dates and times for the depositions, then Defendant must file its responses to Plaintiffs Emergency Motions (Dkt. #38 ; Dkt. #39 ) by Friday, November 17, 2023, at 4:00 p.m. Signed by Magistrate Judge Aileen Goldman Durrett on 11/13/2023. (jmb, )
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| Filing 40 RESPONSE in Opposition re #37 OPPOSED MOTION Motion to Extend Abatement and Remaining Deadlines filed by Edward Volponi. (Attachments: #1 Exhibit A, #2 Proposed Order Denying Defendant's Motion to Extend Abatement and Remaining Deadlines)(Schneider, Melanie) |
| Filing 39 EMERGENCY MOTION for Protective Order for Deposition of Edward Volponi by Edward Volponi. (Attachments: #1 Exhibit A, #2 Proposed Order Granting Protective Order Edward Volponi)(Schneider, Melanie) |
| Filing 38 EMERGENCY MOTION for Protective Order for the Deposition of Glenn Nelson, P.E. by Edward Volponi. (Attachments: #1 Exhibit A, #2 Proposed Order Granting Protective Order for Glenn Nelson, P.E.)(Schneider, Melanie) |
| Filing 37 OPPOSED MOTION Motion to Extend Abatement and Remaining Deadlines by American Economy Insurance Company. (Attachments: #1 Proposed Order)(Leary, Kieran) |
| Filing 36 NOTICE of Attorney Appearance by Stephen Luke Dobbs on behalf of American Economy Insurance Company (Dobbs, Stephen) |
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Filing 35
ORDER. It is ORDERED that Plaintiff's Motion to Compel Mediation (Dkt. #18 ) and Plaintiff's Motions to Quash (Dkts. #30 , #31 ) are hereby DENIED as moot. Signed by Magistrate Judge Aileen Goldman Durrett on 10/17/2023. (jmb, )
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| Filing 34 RESPONSE in Opposition re #31 MOTION to Quash and for Protective Order for the Depositions of Kristine Volponi, Sharon Keller, and Glenn Nelson, #30 MOTION to Quash and for Protective Order filed by American Economy Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Leary, Kieran) |
| Filing 33 REPORT of Mediation by Greg Thompson. Mediation result: Impasse(Thompson, Gregory) |
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Filing 32
ORDER denying #27 MOTION for Hearing on Its Motion To Compel Appraisal and Abate Litigation by American Economy Insurance Company. It is ORDERED that the Motion (Dkt. #27 ) is hereby DENIED as premature. It is further ORDERED that all deadlines, except the deadline for mediation, are hereby ABATED for 60 days. Signed by Magistrate Judge Aileen Goldman Durrett on 09/08/2023. (jmb)
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| Filing 31 MOTION to Quash and for Protective Order for the Depositions of Kristine Volponi, Sharon Keller, and Glenn Nelson by Edward Volponi. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order Plaintiff's)(Schneider, Melanie) |
| Filing 30 MOTION to Quash and for Protective Order by Edward Volponi. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order Plaintiff's Proposed Order)(Schneider, Melanie) |
| Filing 29 SUR-REPLY to Reply to Response to Motion re #19 Opposed MOTION to Compel Appraisal an Abate Litigation Pending the Outcome of Appraisal filed by Edward Volponi. (Attachments: #1 Exhibit A)(Schneider, Melanie) |
| Filing 28 RESPONSE in Opposition re #27 MOTION for Hearing on Its Motion To Compel Appraisal and Abate Litigation filed by Edward Volponi. (Attachments: #1 Exhibit A, #2 Proposed Order Plaintiff's Proposed Order)(Schneider, Melanie) |
| Filing 27 MOTION for Hearing on Its Motion To Compel Appraisal and Abate Litigation by American Economy Insurance Company. (Attachments: #1 Proposed Order)(Leary, Kieran) |
| Filing 26 NOTICE by American Economy Insurance Company Def's Expert Disclosures (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 2-1, #4 Exhibit 3, #5 Exhibit 4)(Leary, Kieran) |
| Filing 25 REPLY to Response to Motion re #19 Opposed MOTION to Compel Appraisal an Abate Litigation Pending the Outcome of Appraisal filed by American Economy Insurance Company. (Leary, Kieran) |
| Filing 24 RESPONSE in Opposition re #19 Opposed MOTION to Compel Appraisal an Abate Litigation Pending the Outcome of Appraisal filed by Edward Volponi. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order Plaintiff's Proposed Order)(Schneider, Melanie) |
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Filing 23
ORDER REFERRING CASE to Mediator. The court hereby by ORDERS that this case be submitted to mediation in accordance with the court's Mediation Plan. Greg Thompson added as Mediator. The mediation conference shall be conducted on or before Friday, September 29, 2023. The mediator shall be responsible for communicating with all parties to coordinate a date for the mediation. The mediator shall file a report within five days of the completion of the mediation conference. Signed by Magistrate Judge Aileen Goldman Durrett on 08/22/2023. (jmb)
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| Filing 22 NOTICE by Edward Volponi of Agreed-Upon Mediator (Schneider, Melanie) |
| Filing 21 RESPONSE in Opposition re #18 MOTION to Compel Mediation filed by American Economy Insurance Company. (Attachments: #1 Proposed Order)(Leary, Kieran) |
| Filing 20 Additional Attachments to Main Document: #19 Opposed MOTION to Compel Appraisal an Abate Litigation Pending the Outcome of Appraisal. (Leary, Kieran) Modified text on 8/15/2023 (jmb). Modified on 8/15/2023 (jmb, ). |
| Filing 19 Opposed MOTION to Compel Appraisal an Abate Litigation Pending the Outcome of Appraisal by American Economy 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 Exhibit 11, #12 Exhibit 12, #13 Proposed Order)(Leary, Kieran) |
| Filing 18 MOTION to Compel Mediation by Edward Volponi. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Proposed Order Proposed Order)(Schneider, Melanie) |
| Filing 17 NOTICE of Discovery Disclosure by Edward Volponi Rule 26(a)(2) (Schneider, Melanie) |
| Magistrate Judge Aileen Goldman Durrett added. Magistrate Judge Christine A. Nowak no longer assigned to case. (lrl, 6) |
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Filing 16
SCHEDULING ORDER: Final Pretrial Conference SET for 4/17/2024 at 09:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Plaintiff's Amended Pleadings due by 7/13/2023. Defendant's Amended Pleadings due by 07/27/2023. Discovery due by 11/8/2023. Joinder of Parties due by 6/1/2023. Jury Instructions due by 4/3/2024. Mediation Completion due by 9/29/2023. Designation of Mediator due by 8/20/2023. Motions due by 11/29/2023. Proposed Pretrial Order due by 3/18/2024. Signed by Magistrate Judge Christine A. Nowak on 04/21/2023. (jmb)
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| Minute Entry for proceedings held before Magistrate Judge Christine A. Nowak: Rule 16 Management Conference held on 04/20/2023 by videoconference. Case called at 2:27 p.m. Melanie Schneider appeared on behalf of Plaintiff. Aaron Mitchell appeared on behalf of Defendant. Proposed scheduling order reviewed with Parties; no objections to dates. Court confirms Parties have exchanges initial disclosures, including documents. Court to enter S.O. Court adjourned at 2:29 p.m. (No exhibits)(Court Reporter Digital Recording.) (dm, ) |
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Filing 15
ORDER. It is ORDERED that the Rule 16 management conference is converted to a videoconference rather than in person and is set for Thursday, April 20, 2023, at 2:00 p.m. The Parties will connect to the videoconference no later than 1:55 p.m. via a link that will be provided by email. Signed by Magistrate Judge Christine A. Nowak on 04/18/2023. (jmb)
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| Filing 14 NOTICE of Attorney Appearance by Aaron Linzy Mitchell on behalf of American Economy Insurance Company (Mitchell, Aaron) |
| Filing 13 REPORT of Rule 26(f) Planning Meeting. (Leary, Kieran) |
| Filing 12 NOTICE of Attorney Appearance by Orlando Vera, Jr on behalf of American Economy Insurance Company (Vera, Orlando) |
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Filing 11
ORDER. Rule 16 Management Conference reset for 4/20/2023 at 02:00 PM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Christine A. Nowak. Signed by Magistrate Judge Christine A. Nowak on 3/10/2023. (rpc, )
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Filing 10
REFERRAL ORDER. Pursuant to 28 U.S.C. 636 and Local Rule CV-72, the undersigned hereby REFERS the cases set forth below to U. S. Magistrate Judge Christine A. Nowak for all pretrial proceedings. Signed by District Judge Sean D. Jordan on 3/9/2023. (baf, )
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| Filing 9 AMENDED ANSWER to #6 Amended Complaint by American Economy Insurance Company. (Leary, Kieran) |
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Filing 8
ORDER GOVERNING PROCEEDINGS. Rule 16 Management Conference set for 4/19/2023 at 10:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Rule 26 Meeting Joint Report due by 3/24/2023. Signed by District Judge Sean D. Jordan on 2/17/2023. (baf, )
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| Filing 7 CORPORATE DISCLOSURE STATEMENT filed by Edward Volponi (Schneider, Melanie) |
| Filing 6 AMENDED COMPLAINT against American Economy Insurance Company, filed by Edward Volponi. (Attachments: #1 Civil Cover Sheet)(Schneider, Melanie) |
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Filing 5
ORDER AND ADVISORY. Signed by District Judge Sean D. Jordan on 1/17/2023. (mmc)
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| Filing 4 NOTICE by American Economy Insurance Company Certificate of Notice of Removal (Leary, Kieran) |
| Filing 3 ***PETITION FILED IN STATE COURT*** COMPLAINT against American Economy Insurance Company, filed by Edward Volponi.(mmc) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by American Economy Insurance Company identifying Corporate Parent Liberty Mutual Insurance Company, Corporate Parent Safeco Corporation, Corporate Parent LMHC Massachusetts Holdings, Inc., Corporate Parent Liberty Mutual Holding Company, Inc., Corporate Parent Liberty Mutual Group, Inc., Corporate Parent Liberty Mutual Agency Corporation, Corporate Parent Liberty Insurance Holdings, Inc. for American Economy Insurance Company. (Leary, Kieran) |
| Filing 1 NOTICE OF REMOVAL by American Economy Insurance Company from 393rd Judicial District Court, case number 22-10618-393. (Filing fee $ 402 receipt number ATXEDC-9308114), filed by American Economy Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Leary, Kieran) |
| Case assigned to District Judge Sean D. Jordan. (mmc) |
| ***ATTORNEY NOT ADMITTED TO PRACTICE IN TXED ATTORNEY ADMISSION INFORMATION SENT VIA EMAIL*** Notified Attorney, Melonie C. Schneider, per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically (mmc) |
| Note: Pursuant to Local Rule CV 7(j), any motions pending in another federal or state court made by any party will be considered moot at the time of transfer or removal unless they are re-urged in this court. (mmc) |
| 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. (mmc) |
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