Lincoln General Insurance Company v. U S Auto Insurance Services Inc et al
3:2016cv03198 |
September 20, 2018 |
US District Court for the Northern District of Texas |
Dallas Office |
Contract: Recovery of Overpayment & Enforcement of Judgment |
28 U.S.C. ยง 1332 Diversity-Contract Dispute |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
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Filing 272 ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: re: 271 Findings and Recommendations on Motion re: 260 MOTION for Judgment Against James T. Maxwell filed by Lincoln General Insurance Company, and 264 Motion for Summary Judgment filed by Defendant Jim Maxwell (Ordered by Judge Jane J. Boyle on 1/21/2020) (svc) |
Filing 265 MEMORANDUM OPINION AND ORDER granting 258 Motion for Attorney Fees. (Ordered by Magistrate Judge Rebecca Rutherford on 7/26/2019) (mla) |
Filing 257 Order Adopting Findings, Conclusions and Recommendation: United States Magistrate Judge (Doc. 253 ) are ADOPTED, and Plaintiff Lincoln General Insurance Company's Motion to Enforce Court's Order and for Sanctions Against James T. Maxw ell (Doc. 246 ) is GRANTED. Defendant James Thornton Maxwell's Objections to Findings, Conclusions, and Recommendation of the United States Magistrate Judge (Doc. 256 ) are OVERRULED. This Court's September 20, 2018 Order Adopting Findings, Conclusions, and Recommendation of the United States Magistrate Judge (Doc. 255 ) is VACATED. (Ordered by Judge Jane J. Boyle on 9/26/2018) (ndt) (Main Document 257 replaced on 9/26/2018) (ndt). |
Filing 255 ORDER ADOPTING 253 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Plaintiff Lincoln General Insurance Company's Motion to Enforce Court's Order and for Sanctions Against James T. Maxwell (Doc. 246 ) is GRANTED. Accordingly, pursuant to Federal Rule of Civil Procedure 37(b)(2)(A), the Court ORDERS Defendant James Thornton Maxwell's pleadings related to Plaintiff's remaining claims against him be struck from the record. Thus, Maxwell 039;s Answer found at Lincoln General Insurance Co. v. U.S. Auto Insurance Servs. Inc., et al., No. 3:10-CV-2307-B (N.D. Tex. Sept. 20, 2011) (Doc. 68 ) is hereby STRUCK from the record. The Court also ORDERS under Federal Rule of Civil Procedure 3 7(b)(2)(C) that Maxwell pay Plaintiff's reasonable attorneys' fees and costs incurred in bringing this motion. Finally, Plaintiff Lincoln is ORDERED to file an application for attorneys' fees and costs, accompanied by supporting evidence establishing the reasonable amount to be awarded under Rule 37(b)(2)(C) no later than fourteen days after the entry of this order. (Ordered by Judge Jane J. Boyle on 9/20/2018) (axm) |
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