Lincoln General Insurance Company v. U S Auto Insurance Services Inc et al
| Lincoln General Insurance Company |
| James Douglas Maxwell, Doug Maxwell and U.S Auto Insurance Services Inc |
| 3:2020cv00219 |
| January 28, 2020 |
| US District Court for the Northern District of Texas |
| Jane J Boyle |
| Contract: Recovery of Overpayment & Enforcement of Judgment |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on March 19, 2020. A more recent docket listing may be available from PACER.
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Filing 280
SCHEDULING ORDER: This case is set for trial beginning 2/1/2021 before Judge Jane J. Boyle. Dispositive Motions due by 11/3/2020. Deadline for mediation is on or before 9/4/2020. Pretrial Materials due by 1/19/2021. Joint Pretrial Order due by 1/19/2021. Pretrial Conference set for 1/29/2021 at 10:00 AM before Judge Jane J. Boyle. (Ordered by Judge Jane J. Boyle on 3/19/2020) (ctf)
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| Filing 279 Joint STATUS REPORT filed by Lincoln General Insurance Company. (Radford, William) |
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Filing 278
ELECTRONIC ORDER granting #277 Unopposed Emergency Motion to Extend Status Report Deadline. The parties shall file their status report order on or before Wednesday, February 26, 2020. (Ordered by Judge Jane J. Boyle on 2/12/2020) (chmb)
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| Filing 277 Emergency MOTION to Extend Time Unopposed Emergency Motion to Extend Status Report Deadline filed by James Douglas Maxwell Attorney Eric C Wood added to party James Douglas Maxwell(pty:dft) (Wood, Eric) |
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Filing 276
STATUS REPORT ORDER: The remaining claims in this case have been severed and compiled under this new style. The Court now ORDERS the parties to meet and confer, and submit a joint status report by Wednesday, 2/12/2020. (Ordered by Judge Jane J. Boyle on 1/29/2020) (ctf)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:276. Wed Jan 29 10:58:11 CST 2020 (crt) |
| Filing 275 Notice and Instruction to Pro Se Party (svc) |
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Filing 274
ORDER ON SEVERANCE: The causes of action asserted by Plaintiff against Defendant Doug Maxwell for breach of fiduciary duties and aiding and abetting breach of fiduciary duties; and The causes of action asserted by Plaintiff against Defendant U.S. Auto for breach of fiduciary duty are hereby severed from the remaining causes of action asserted in this case. The Court directs the clerk to compile these severed claims into one, new separate legal action in which all further proceedings on them shall transpire. 3:20-cv-00219 (Ordered by Judge Jane J. Boyle on 1/28/2020) (svc) Modified on 1/28/2020 (svc).
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Filing 273
DEFAULT JUDGMENT: The Court GRANTS Plaintiff Lincoln General Insurance Co.'s Motion for Judgment (ECF No. #260 ) and DENIES Defendant James Thornton Maxwell's Motion for Summary Judgment (ECF No. #264 ). Accordingly, the Court enters this Default Judgment in favor of Plaintiff and against Defendant James Thornton Maxwell. (Ordered by Judge Jane J. Boyle on 1/28/2020) (ctf)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:275. Tue Jan 28 16:24:41 CST 2020 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:273. Tue Jan 28 14:19:25 CST 2020 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:274. Tue Jan 28 15:49:53 CST 2020 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:274. Tue Jan 28 15:50:39 CST 2020 (crt) |
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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)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:272. Tue Jan 21 13:06:38 CST 2020 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:271. Thu Jan 2 11:15:51 CST 2020 (crt) |
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Filing 271
Findings and Recommendations on Motion re: #260 Motion for Judgment filed by Lincoln General Insurance Company. (Ordered by Magistrate Judge Rebecca Rutherford on 12/31/2019) (ndt)
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| Filing 270 Clerk's ENTRY OF DEFAULT as to James T Maxwell (ykp) Modified to correct defendant on 12/30/2019 (cea). |
| Filing 269 Request for Clerk to issue Entry of Default filed by Lincoln General Insurance Company. (Attachments: #1 December 11, 2019 Order) (Radford, William) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:268. Thu Dec 12 16:10:31 CST 2019 (crt) |
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Filing 268
ORDER: The Court directs Plaintiff to request an entry of default by December 16, 2019. (Ordered by Magistrate Judge Rebecca Rutherford on 12/11/2019) (svc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:267. Wed Jul 31 12:14:49 CDT 2019 (crt) |
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Filing 267
Order Referring #264 MOTION for Summary Judgment. Motion(s) referred to Magistrate Judge Rebecca Rutherford. (Ordered by Judge Jane J. Boyle on 7/30/2019) (epm)
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| Filing 266 RESPONSE filed by Lincoln General Insurance Company re: #264 MOTION for Summary Judgment (Radford, William) |
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Filing 265
MEMORANDUM OPINION AND ORDER granting #258 Motion for Attorney Fees. (Ordered by Magistrate Judge Rebecca Rutherford on 7/26/2019) (mla)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:265. Fri Jul 26 12:54:37 CDT 2019 (crt) |
| Filing 264 MOTION for Summary Judgment filed by James Thornton Maxwell. (ndt) |
| Filing 263 Correspondence regarding Notice of Service as to James T. Maxwell, Doug Maxwell and John Arnold. Re: #262 NOTICE Concerning Motion for Judgment Against James T. Maxwell filed by Lincoln General Insurance Company. (mcrd) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:263. Mon Jul 1 13:42:52 CDT 2019 (crt) |
| Filing 262 NOTICE of Concerning Motion for Judgment Against James T. Maxwell re: #260 MOTION for Judgment Against James T. Maxwell and Brief in Support filed by Lincoln General Insurance Company (Attachments: #1 Exhibit A) (Radford, William) |
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Filing 261
Order Referring Motion re: #260 MOTION for Judgment Against James T. Maxwell and Brief in Support. Motion(s) referred to Magistrate Judge Rebecca Rutherford. (Ordered by Judge Jane J. Boyle on 4/19/2019) (epm)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:261. Fri Apr 19 11:52:06 CDT 2019 (crt) |
| Filing 260 MOTION for Judgment Against James T. Maxwell and Brief in Support filed by Lincoln General Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Exhibit A, #2 Exhibit B) (Radford, William) |
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Filing 259
Order Referring #258 MOTION for Attorney Fees and Costs to Magistrate Judge Rebecca Rutherford for hearing, if necessary, and recommendation or determination to this Court. (Ordered by Judge Jane J. Boyle on 10/12/2018) (zkc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 259. Fri Oct 12 10:54:45 CDT 2018 (crt) |
| Filing 258 MOTION for Attorney Fees filed by Lincoln General Insurance Company (Attachments: #1 Exhibit 1 - Declaration of William N. Radford, #2 Exhibit 2 - Declaration of Bradford K. Burdette) (Radford, William) |
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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. Maxwell (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).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:257. Wed Sep 26 17:07:26 CDT 2018 (crt) |
| Filing 256 OBJECTION to #253 Findings and Recommendations by James Thornton Maxwell (ykp) |
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Filing 255
***VACATED*** 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'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 37(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) Modified on 9/26/2018 (ndt).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:255. Thu Sep 20 12:06:52 CDT 2018 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:253,254. Tue Sep 4 11:41:44 CDT 2018 (crt) |
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Filing 254
ORDER Denying #249 Motion to Quash (Ordered by Magistrate Judge Rebecca Rutherford on 8/31/2018) (svc)
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Filing 253
Findings and Recommendations on Motion re: #246 MOTION to Enforce Court's Order and for Sanctions Against James T. Maxwell re #241 Order on Motion to Compel should be granted. (Ordered by Magistrate Judge Rebecca Rutherford on 8/31/2018) (svc)
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Filing 252
Order Referring Motion re: #246 MOTION to Enforce Court's Order and for Sanctions Against James T. Maxwell re #241 Order on Motion to Compel. Motion(s) referred to Magistrate Judge Rebecca Rutherford. (Ordered by Judge Jane J. Boyle on 4/27/2018) (epm)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:252. Fri Apr 27 11:36:41 CDT 2018 (crt) |
| Filing 251 RESPONSE filed by Lincoln General Insurance Company re: #249 MOTION to Quash (Radford, William) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:250. Thu Mar 22 08:01:04 CDT 2018 (crt) |
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Filing 250
ORDER REFERRING MOTIONS: #249 MOTION to Quash Plaintiff's Subpoena Duces Tecum referred to Magistrate Judge Rebecca Rutherford for hearing, if necessary, and recommendation or determination to this Court. (Ordered by Judge Jane J. Boyle on 3/21/2018) (zkc)
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| Filing 249 MOTION to Quash Plaintiff's Subpoena Duces Tecum filed by James Thornton Maxwell (ykp) |
| Filing 248 REPLY filed by Lincoln General Insurance Company re: #247 Response/Objection (Attachments: #1 Exhibit A) (Radford, William) |
| Filing 247 RESPONSE filed by James Thornton Maxwell re: #246 MOTION to Enforce Court's Order and for Sanctions Against James T. Maxwell re #241 Order on Motion to Compel. (axm) |
| Filing 246 MOTION to Enforce Court's Order and for Sanctions Against James T. Maxwell re #241 Order on Motion to Compel filed by Lincoln General Insurance Company (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Radford, William) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:245. Wed Jan 10 13:23:57 CST 2018 (crt) |
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Filing 245
ORDER denying #235 Motion to Dismiss or for Protective Order. (see order) (Ordered by Magistrate Judge Paul D Stickney on 1/9/2018) (mcrd)
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Filing 244
Stipulation and Protective Order. (Ordered by Judge Jane J. Boyle on 12/1/2017) (ykp)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:244. Fri Dec 1 16:49:39 CST 2017 (crt) |
| ***DISREGARD FILED IN ERROR***Clerk's Notice of delivery: (see NEF for details) Docket No:243. Fri Dec 1 16:47:49 CST 2017 (crt) Modified on 12/1/2017 (ykp). |
| Filing 243 MOTION for Entry of Stipulation and Protective Order filed by Lincoln General Insurance Company (Attachments: #1 Stipulation and Protective Order, #2 Confidentiality Agreement) (Radford, William) Modified event type on 11/28/2017 (ykp). |
| Filing 242 NOTICE of Change of Address for Attorney Bradford K Burdette on behalf of Lincoln General Insurance Company. (Filer confirms contact info in ECF is current.) (Burdette, Bradford) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:241. Wed Oct 18 13:29:17 CDT 2017 (crt) |
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Filing 241
ORDER granting #229 Motion to Compel Discovery Responses and for Sanctions Against James T. Maxwell. (see order) (Ordered by Magistrate Judge Paul D Stickney on 10/17/2017) (mcrd)
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| Filing 240 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Paul D Stickney: Motion Hearing held on 10/10/2017. Re: #235 MOTION to Dismiss or MOTION for Protective Order, #229 MOTION to Compel Discovery Responses and for Sanctions Against James T. Maxwell. Attorney Appearances: Plaintiff - William Radford, Bradford Burdette; Defense - John Arnold, James Maxwell - Pro Se. Order to enter. (Court Reporter: Digital File) (No exhibits) Time in Court - :51. (mcrd) |
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Filing 239
ORDER: Motion Hearing set for 10/10/2017 09:00 AM in US Courthouse, Courtroom 1620, 1100 Commerce St., Dallas, TX 75242-1310 before Magistrate Judge Paul D Stickney re: #235 Motion to Dismiss or for Protective Order, #229 Motion to Compel Discovery Responses and for Sanctions Against James T. Maxwell. (Ordered by Magistrate Judge Paul D Stickney on 10/4/2017) (axm)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:239. Wed Oct 4 16:57:35 CDT 2017 (crt) |
| Filing 238 REPLY filed by James Thornton Maxwell re: #235 MOTION to Dismiss or for Protective Order. (rekc) |
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Filing 237
Order Referring #235 Motion to Dismiss or for Protective Order to Magistrate Judge Paul D Stickney. (Ordered by Judge Jane J. Boyle on 9/12/2017) (rekc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 237. Tue Sep 12 11:04:57 CDT 2017 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:230. Tue Sep 12 11:10:24 CDT 2017 (crt) |
| Filing 236 RESPONSE filed by Lincoln General Insurance Company re: #235 MOTION to Dismiss MOTION for Protective Order (Attachments: #1 Proposed Order) (Radford, William) |
| Filing 235 MOTION to Dismiss, or for Protective Order filed by James Thornton Maxwell (svc) |
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Filing 234
ORDER: Pursuant to 28 U.S.C. 636(b), Plaintiff Lincoln General Insurance Company's Motion to Compel Discovery Responses and for Sanctions Against James T. Maxwell [ECF No. 229] ("Motion to Compel") has been referred to the United States Magistrate Judge for determination. The Court sets a hearing on this motion for TUESDAY, OCTOBER 10, 2017, at 9:00 A.M. in the United States Magistrate Judges Courtroom, Room 1620, 1100 Commerce Street, Dallas, Texas. Defendant James T. Maxwell is hereby ORDERED to appear in person to this hearing. (see order) (Ordered by Magistrate Judge Paul D Stickney on 8/21/2017) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:234. Mon Aug 21 13:48:33 CDT 2017 (crt) |
| Filing 233 Brief/Memorandum in Support filed by Lincoln General Insurance Company re #229 MOTION to Compel Discovery Responses and for Sanctions Against James T. Maxwell (Attachments: #1 Cover letter to Judge Stickney) (Radford, William) |
| Filing 232 Supplemental Document filed by James Thornton Maxwell as to #231 Response. (ran) |
| Filing 231 RESPONSE filed by James Thornton Maxwell re: #229 Motion to Compel. (ran) |
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Filing 230
Order Referring #229 MOTION to Compel Discovery Responses and for Sanctions Against James T. Maxwell. Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Jane J. Boyle on 7/5/2017) (rekc)
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| Filing 229 MOTION to Compel Discovery Responses and for Sanctions Against James T. Maxwell filed by Lincoln General Insurance Company (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhbit E) (Radford, William) |
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Filing 228
ELECTRONIC ORDER: Before the Court is the Unopposed Motion to Withdraw as Counsel(doc. 214),filed by Alan B. Rich, counsel for Defendants Alpha Partners, Ltd., CSi Agency Services, Inc., Gamma Group, Inc., James D. Maxwell and James T. Maxwell (hereinafter the Non-U.S. Auto Defendants"). The Court previously orally granted this motion but delayed entry of the order due to Mr. Rich's expressed willingness to participate in post-judgment proceedings to the extent ethically possible. Mr. Rich has now reasserted his request to withdraw (doc. 229). It is unopposed. Accordingly, the Court GRANTS his motion to withdraw (doc. 214). (Ordered by Judge Jane J. Boyle on 2/10/2017) (Judge Jane J. Boyle)
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Filing 227
ORDER ON SEVERANCE: It is ORDERED that 1) The causes of action asserted by Plaintiff against Defendant Doug Maxwell for breach of fiduciary duties and aiding and abetting breach of fiduciary duties; 2) The causes of action asserted by Plaintiff against Defendant Jim Maxwell for aiding and abetting breach of fiduciary duties and tortious interference with contract; and 3) The causes of action asserted by Plaintiff against Defendant U.S. Auto for breach of fiduciary duty are hereby severed from the remaining causes of action asserted in this case. (Civil case 3:16-cv-3198 opened.) (Ordered by Judge Jane J Boyle on 11/15/2016) (trk)
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| Filing 226 ELECTRONIC Minute Entry for proceedings held before Judge Jane J Boyle: Telephone Conference held on 10/19/2016. The parties discussed severance of the remaining fiduciary duty claims from those to which Plaintiff prevailed on appeal, and are to submit proposed final judgment and proposed order of severance to the Court no later than 11/11/2016. Order entered. Attorney Appearances: Plaintiff - William N Radford and Sheila E Branyan; Defense - John W Arnold and Alan B Rich. (Court Reporter: Shawnie Archuleta) (No exhibits) Time in Court - 0:21. (chmb) |
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Filing 225
ELECTRONIC ORDER: Per the Court's status conference held today, October 19, 2016, the parties are directed to prepare a proposed final judgment on the claims on which Plaintiff prevailed on appeal to the Fifth Circuit. (See "Opinion" dated May 18, 2015). The parties are further directed to prepare a proposed order of severance directed to those fiduciary duty claims remaining in the case as a result of the Fifth Circuit's Opinion. The parties are directed to submit those proposed orders to the Court no later than November 11, 2016. (Ordered by Judge Jane J Boyle on 10/19/2016) (Judge Jane J Boyle)
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Filing 224
ELECTRONIC ORDER: The Order setting telephonic status conference for October 12, 2016 (doc. 223) is VACATED the conference is rescheduled for October 19, 2016 at 10am. The Clerk is directed to make the necessary changes in the case manager system. (Ordered by Judge Jane J Boyle on 10/7/2016) (Judge Jane J Boyle)
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Filing 223
ELECTRONIC ORDER: The Court would like to convene a telephonic status conference for Wednesday October 12, 2016 at 10 am for the limited purpose of addressing the parties recently filed Joint Status Reports (docs. 221, 222). The Court directs counsel for Lincoln General to make arrangements for the conference call. If the parties have conflicts with this date and time, please jointly notify the Court as soon as possible. Otherwise, please confirm with the Court that you will be attending via telephone. (Ordered by Judge Jane J Boyle on 10/6/2016) (Judge Jane J Boyle)
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| Filing 222 STATUS REPORT Regarding Potential Courses of Action filed by Lincoln General Insurance Company. (Radford, William) |
| Filing 221 (Document Restricted) SEALED Status Report of Defendants (Sealed pursuant to SO 19-1, statute, or rule) filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Douglas Maxwell, James Thornton Maxwell (Rich, Alan) |
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Filing 220
STATUS REPORT ORDER: Status Report due by 9/13/2016. (Ordered by Judge Jane J Boyle on 8/12/2016) (rekc)
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| Filing 219 ELECTRONIC Minute Entry for proceedings held before Judge Jane J Boyle: Telephone Conference held on 8/12/2016. Order to issue. Attorney Appearances: Plaintiff - William N Radford and Sheila E Branyan; Defense - John W Arnold and Alan B Rich. (Court Reporter: Shawnie Archuleta) (No exhibits) Time in Court - 0:24. (chmb) |
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Filing 218
ELECTRONIC ORDER finding as moot #213 Motion to Withdraw as Attorney given amended motion (doc. 214).. (Ordered by Judge Jane J Boyle on 8/12/2016) (Judge Jane J Boyle)
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Filing 217
Order: The Court now ORDERS as follows: during the next month, the parties must meet and confer about how to proceed in this case and whether they might be able to settle their dispute in the most cost-effective, time-efficient manner, including discussing whether the use of a special master might aid in the resolution of this dispute. The Court will then hold another telephonic status conference on 8/12/2016, at 12:45 pm CDT, to discuss the results of the parties' discussions. (Ordered by Judge Jane J Boyle on 7/12/2016) (ykp)
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| Filing 216 ELECTRONIC Minute Entry for proceedings held before Judge Jane J Boyle: Telephonic Status Conference held on 7/12/2016. Order to issue. Attorney Appearances: Plaintiff - William N Radford and Sheila E Branyan; Defense - John W Arnold and Alan B Rich. (Court Reporter: Shawnie Archuleta) (No exhibits) Time in Court - 0:43. (chmb) |
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Filing 215
ELECTRONIC ORDER: The Court will rule on Alan Rich's Unopposed Motion to Withdraw as Counsel (Doc. 214) at the status conference scheduled for July 12, 2016. (Ordered by Judge Jane J Boyle on 7/7/2016) (chmb)
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| Filing 214 Unopposed MOTION to Withdraw as Attorney (Amended, to Add Omitted Exhibit) filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Douglas Maxwell, James Thornton Maxwell with Brief/Memorandum in Support. (Rich, Alan) |
| Filing 213 Unopposed MOTION to Withdraw as Attorney filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Douglas Maxwell, James Thornton Maxwell with Brief/Memorandum in Support. (Rich, Alan) |
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Filing 212
ELECTRONIC ORDER: Pursuant to the parties' Mutually Agreeable Date for Telephonic Status Conference (Doc. 211), the Court sets the requested conference for July 12, 2016, at 12:45 PM CDT. (Ordered by Judge Jane J Boyle on 6/28/2016) (chmb)
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| Filing 211 NOTICE of Mutually Agreeable Date for Telephonic Status Conference re: 210 Order, filed by Lincoln General Insurance Company (Radford, William) |
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Filing 210
ELECTRONIC ORDER: The Court hereby GRANTS the parties' request for a status conference with the Court and ORDERS that, no later than 12:00 PM on June 27, 2016, the parties (including the Liquidator) jointly file a mutually agreeable date for a telephonic status conference with the Court. (Ordered by Judge Jane J Boyle on 6/20/2016) (chmb)
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| Filing 209 Second Joint STATUS REPORT filed by Lincoln General Insurance Company. (Radford, William) Modified title on 6/20/2016 (awc). |
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Filing 208
ELECTRONIC ORDER: In response to the Court's Status Report Order, the parties filed a Joint Report (Doc. 207), indicating that Lincoln General is in the early stages of liquidation. In light of the request for more time to assess the way forward in this litigation, the Court ORDERS the parties to file another joint status report on or before June 17, 2016. (Ordered by Judge Jane J Boyle on 5/3/2016) (chmb)
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| Filing 207 Joint STATUS REPORT filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, Lincoln General Insurance Company, James Douglas Maxwell, James Thornton Maxwell, U.S Auto Insurance Services, Inc.. (Radford, William) |
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Filing 206
STATUS REPORT ORDER: Status Report due by 5/2/2016. (Ordered by Judge Jane J Boyle on 4/20/2016) (axm)
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| Filing 205 Appeal Record Returned consisting of Electronic copies sealed documents and 9 boxes of original exhibits. Electronic copies of Sealed documents destroyed. (svc) |
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Filing 204
MEDIATION ORDER. The court appoints Gary D Eisenstat as mediator. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 7/27/2015. (Ordered by Judge Jane J Boyle on 6/12/2015) (skt)
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| Filing 203 JUDGMENT/MANDATE of USCA as to #191 Notice of Appeal,, filed by Lincoln General Insurance Company, #193 Notice of Appeal,, filed by U.S Auto Insurance Services, Inc., Alpha Partners Ltd, CSI Agency Services Inc. The judgment of the District Court isaffirmed in part and reversed in part. Case remanded to the district court for further proceedings. Issued as Mandate: 6/9/15. (svc) |
| Filing 202 Opinion of USCA in accordance with USCA judgment re #191 Notice of Appeal,, filed by Lincoln General Insurance Company, #193 Notice of Appeal,, filed by U.S Auto Insurance Services, Inc., Alpha Partners Ltd, CSI Agency Services Inc. (svc) |
| Filing 201 Record on Appeal for USCA5 13-10589 (related to #191 , #193 appeal): Record consisting of: 15 Volume(s) ECF electronic record, 6 Volume(s) electronic transcript, 9 boxes of original exhibits, Sealed or ex parte document number(s): 188, transmitted to USCA5. Shipped: Federal Express 798556468572,9101,9292,9009,9410,8881,9134,9443,9167,9800,9189, (svc) |
| Record on Appeal for USCA5 13-10589 (related to #191 appeal): transmitted to Alan B Rich on disk only by mail. (svc) |
| Record on Appeal for USCA5 13-10589/13-10593 (related to #191 , #193 appeal): transmitted to Thompson Coe on disk only by Federal Express 796369695985 (svc) |
| Record on Appeal for USCA5 13-10589 (related to #191 , #193 appeal): Record consisting of: 15 ECF electronic record, 6 Volume(s) electronic transcript, original exhibits, Sealed or ex parte document number(s): 188 (circuit approval is required for access), certified to USCA. To request a copy of the record (on disk or on paper), #contact the appeals deputy in advance to arrange delivery. (svc) |
| Filing 200 Notice of Filing of Official Electronic Transcript of Bench Trial - Volume 4 Proceedings held on January 11, 2013 before Judge Jane J. Boyle. Court Reporter/Transcriber Shawnie Archuleta, Telephone number shawnie505@aol.com. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (67 pages) Redaction Request due 7/11/2013. Redacted Transcript Deadline set for 7/22/2013. Release of Transcript Restriction set for 9/18/2013. (spa) |
| Filing 199 Notice of Filing of Official Electronic Transcript of Bench Trial - Volume 3 Proceedings held on January 10, 2013 before Judge Jane J. Boyle. Court Reporter/Transcriber Shawnie Archuleta, Telephone number shawnie505@aol.com. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (199 pages) Redaction Request due 7/11/2013. Redacted Transcript Deadline set for 7/22/2013. Release of Transcript Restriction set for 9/18/2013. (spa) |
| Filing 198 Notice of Filing of Official Electronic Transcript of Bench Trial - Volume 2 Proceedings held on January 9, 2013, before Judge Jane J. Boyle. Court Reporter/Transcriber Shawnie Archuleta, Telephone number shawnie505@aol.com. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (248 pages) Redaction Request due 7/11/2013. Redacted Transcript Deadline set for 7/22/2013. Release of Transcript Restriction set for 9/18/2013. (spa) |
| Filing 197 Notice of Filing of Official Electronic Transcript of Bench Trial - Volume 1 Proceedings held on January 8, 2013 before Judge Jane J. Boyle. Court Reporter/Transcriber Shawnie Archuleta, Telephone number shawnie505@aol.com. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (183 pages) Redaction Request due 7/11/2013. Redacted Transcript Deadline set for 7/22/2013. Release of Transcript Restriction set for 9/18/2013. (spa) |
| Filing 196 Transcript Order Form: re #193 Notice of Appeal,, transcript not requested by U.S Auto Insurance Services, Inc., CSI Agency Services Inc, Alpha Partners Ltd. Transcript is already on file in the Clerk's office. (Rich, Alan) Modified on 6/20/2013 to correct text(svc). |
| Filing 195 Notice of Filing of Official Electronic Transcript of Pretrial Conference Proceedings held on 01/04/2013 before Judge Jane Boyle. Court Reporter/Transcriber Shawn McRoberts, Telephone number (214) 753-2349. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (20 pages) Redaction Request due 7/5/2013. Redacted Transcript Deadline set for 7/15/2013. Release of Transcript Restriction set for 9/12/2013. (smm) |
| USCA Case Number 13-10589 for #191 Notice of Appeal,, filed by Lincoln General Insurance Company. (svc) |
| USCA Case Number 13-10593 for #193 Notice of Appeal,, filed by U.S Auto Insurance Services, Inc., Alpha Partners Ltd, CSI Agency Services Inc. (svc) |
| Filing 194 Transcript Order Form: re #191 Notice of Appeal,, transcript requested by Lincoln General Insurance Company for Bench Trial Preliminary Hearing held on January 4, 2013; January 8-11, 2013 before Judge Boyle.. (Radford, William) |
| Filing 193 NOTICE OF APPEAL to the Fifth Circuit as to #170 Judgment,,,, #184 Judgment,, #181 Order on Motion to Alter Judgment,,,,, by Alpha Partners Ltd, CSI Agency Services Inc, U.S Auto Insurance Services, Inc.. Filing fee $455, receipt number 0539-5340145. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (Rich, Alan) |
| Filing 192 Costs Taxed in amount of $ 13,856.29 against CSi Agency Services, Inc. and Alpha Partners, Ltd. (ctf) |
| Filing 191 NOTICE OF APPEAL to the Fifth Circuit as to #141 Order on Motion to Dismiss,, Order on Motion for Summary Judgment,,, #54 Order on Motion to Dismiss, #149 Order on Motion for Reconsideration, #184 Judgment,, #181 Order on Motion to Alter Judgment,,,,, by Lincoln General Insurance Company. Filing fee $455, receipt number 0539-5338432. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (Burdette, Bradford) |
| Filing 190 BILL OF COSTS by Lincoln General Insurance Company. (Attachments: #1 Exhibit(s)) (Radford, William) |
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Filing 189
ORDER granting #187 Unopposed Motion for Extension of Time to File Notice of Appeal: The deadline upon all parties for filing a notice of appeal in this case is extended to MONDAY, 6/03/2013. (Ordered by Judge Jane J Boyle on 5/17/2013) (twd)
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| Filing 187 MOTION to Extend Time to File Notice of Appeal filed by Lincoln General Insurance Company (Burdette, Bradford) |
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Filing 186
ELECTRONIC ORDER GRANTING183 Motion: The Court GRANTS Alan B. Rich's motion to withdraw as counsel as to Defendant Santa Fe Auto Insurance Company only. Although the Court permits the withdrawal, should further action in this case become necessary, Santa Fe must be represented by counsel. (Ordered by Judge Jane J Boyle on 5/6/2013) (chmb)
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Filing 185
ELECTRONIC ORDER FINDING AS MOOT 182 Motion: The Court FINDS AS MOOT Defendant Santa Fe's Motion to Withdraw as Attorney (doc. 182), in light of its filing of an Amended Motion to Withdraw as Attorney (doc. 183). (Ordered by Judge Jane J Boyle on 5/6/2013) (chmb)
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Filing 184
AMENDED FINAL JUDGMENT. IT IS ORDERED, ADJUDGED, AND DECREED by the Court that Defendants CSi Agency Services, Inc. ("CSi") and Alpha Partners, Ltd. ("Alpha") are each liable to Plaintiff on Plaintiff's tortious interference claim. Plaintiff's stipulated damages on its tortious interference claim are $16,500,000.00. The Court finds that CSi and Alpha are each equally (50%) liable for these damages. (Ordered by Judge Jane J Boyle on 5/6/2013) (ndt)
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| Filing 183 Amended MOTION to Withdraw as Attorney for Santa Fe Auto Insurance Company filed by Santa Fe Auto Insurance Company with Brief/Memorandum in Support. (Rich, Alan) |
| Filing 182 MOTION to Withdraw as Attorney for Santa Fe Auto Insurance Company filed by Santa Fe Auto Insurance Company with Brief/Memorandum in Support. (Rich, Alan) |
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Filing 181
ORDER granting in part and denying in part #171 Motion to Alter or Amend Final Judgment; granting in part and denying in part #175 Motion to Amend Findings of Fact and to Alter or Amend the Judgment: The Court ORDERS the parties to submit a joint proposed amended final judgment, consistent with the Court's conclusions in this Order. The proposed amended final judgment shall be filed no later than thirty (30) days from the date of this Order. At that time, the Court will review the proposal and enter an amended final judgment as it deems necessary. (Ordered by Judge Jane J Boyle on 4/3/2013) (twd)
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| Filing 180 REPLY filed by Alpha Partners Ltd, CSI Agency Services Inc, U.S Auto Insurance Services, Inc. re: #175 Amended MOTION to Alter Judgment Judgment or Amend Judgment and to Amend Findings of Fact (Rich, Alan) |
| Filing 179 REPLY filed by Lincoln General Insurance Company re: #171 Motion to Alter or Amend Final Judgment (Burdette, Bradford) Document linkage and text modified on 3/28/2013 (twd). |
| Filing 178 RESPONSE filed by Lincoln General Insurance Company re: #175 Amended MOTION to Alter Judgment Judgment or Amend Judgment and to Amend Findings of Fact (Burdette, Bradford) |
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Filing 177
ELECTRONIC ORDER FINDING AS MOOT 174 Motion: The Court FINDS AS MOOT Defendants' Motion to Alter Judgment (doc. 174), in light of its filing of an Amended Motion to Alter Judgment (doc. 175). (Ordered by Judge Jane J Boyle on 3/13/2013) (chmb)
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| Filing 176 RESPONSE filed by Alpha Partners Ltd, CSI Agency Services Inc, U.S Auto Insurance Services, Inc. re: #171 MOTION to Alter Judgment or Amend Final Judgment (Rich, Alan) |
| Filing 175 Amended MOTION to Alter Judgment Judgment or Amend Judgment and to Amend Findings of Fact filed by Alpha Partners Ltd, CSI Agency Services Inc, U.S Auto Insurance Services, Inc. with Brief/Memorandum in Support. (Rich, Alan) |
| Filing 174 MOTION to Alter Judgment or Amend Judgment and to Amend Findings of Fact filed by Alpha Partners Ltd, CSI Agency Services Inc, U.S Auto Insurance Services, Inc. with Brief/Memorandum in Support. (Rich, Alan) |
| Filing 173 CERTIFICATE of Conference re #171 MOTION to Alter Judgment or Amend Final Judgment by Bradford K Burdette on behalf of Lincoln General Insurance Company (Burdette, Bradford) |
| Filing 172 AMENDED DOCUMENT by Lincoln General Insurance Company. Amendment to #171 MOTION to Alter Judgment or Amend Final Judgment. Correct Exhibit A. (Burdette, Bradford) |
| Filing 171 MOTION to Alter Judgment or Amend Final Judgment filed by Lincoln General Insurance Company (Attachments: #1 Exhibit(s) Notice of Bankruptcy (Doc. 168), #2 Exhibit(s) Parties Stipulation Re LG's Breach of Contract Claim (Doc. 161)) (Burdette, Bradford) |
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Filing 170
FINAL JUDGMENT: IT IS ORDERED by the Court that Plaintiff Lincoln General Insurance Company take from Defendants CSi Agency Services, Inc. and Alpha Partners Limited, Inc., jointly and severally, the stipulated damages amount of $16,500,000.00 on its tortious interference claim. It is further ordered that Defendant U.S. Auto Insurance Services, Inc. shall take nothing from Plaintiff Lincoln General Insurance Company on its breach of contract counterclaim. The parties having settled or the Court having previously resolved all remaining claims, this suit shall be, and it is hereby, DISMISSED. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at #www.txnd.uscourts.gov/Court Records). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Jane J Boyle on 1/25/2013) (twd)
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| Filing 169 Notice of Filing of Official Electronic Transcript of Bench Trial - Ruling - Volume 4, Proceedings held on January 11, 2013 before Judge Jane J. Boyle. Court Reporter/Transcriber Shawnie Archuleta, Telephone number 214.753.2747. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (67 pages) Redaction Request due 2/13/2013. Redacted Transcript Deadline set for 2/25/2013. Release of Transcript Restriction set for 4/23/2013. (spa) |
| Filing 168 SUGGESTION OF BANKRUPTCY Upon the Record as to Alpha Partners, Ltd. by Alpha Partners Ltd. (Rich, Alan) |
| ELECTRONIC Minute Entry for proceedings held before Judge Jane J Boyle: Bench Trial held on 1/11/2013. Trial concluded. Attorney Appearances: Plaintiff - William Radford, Albert Miller, and Bradford Burdette; Defense - John Arnold and Alan Rich. (Court Reporter: Shawnie Archuleta) (Exhibits admitted) Time in Court - 01:30. (chmb) |
| ELECTRONIC Minute Entry for proceedings held before Judge Jane J Boyle: Day Three of Bench Trial held on 1/10/2013. Attorney Appearances: Plaintiff - William Radford, Albert Miller, and Bradford Burdette; Defense - John Arnold and Alan Rich. (Court Reporter: Shawnie Archuleta) (Exhibits admitted) Time in Court - 05:45. (chmb) |
| Filing 167 TRIAL BRIEF LINCOLN GENERALS PRELIMINARY BRIEF ON TORTIOUS INTERFERENCE by Lincoln General Insurance Company. (Burdette, Bradford) |
| ELECTRONIC Minute Entry for proceedings held before Judge Jane J Boyle: Day Two of Bench Trial held on 1/9/2013. Attorney Appearances: Plaintiff - William Radford, Albert Miller, and Bradford Burdette; Defense - John Arnold and Alan Rich. (Court Reporter: Shawnie Archuleta) (Exhibits admitted) Time in Court - 05:10. (chmb) |
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Filing 166
Second Supplemental Joint Pretrial Order. (Ordered by Judge Jane J Boyle on 1/8/2013) (chmb)
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| ELECTRONIC Minute Entry for proceedings held before Judge Jane J Boyle: Day One of Bench Trial held on 1/8/2013. Attorney Appearances: Plaintiff - William Radford, Albert Miller, and Bradford Burdette; Defense - John Arnold and Alan Rich. (Court Reporter: Shawnie Archuleta) (Exhibits admitted) Time in Court - 03:55. (chmb) |
| Filing 165 Joint STIPULATION regarding ZVN, Inc. by Alpha Partners Ltd, CSI Agency Services Inc, Lincoln General Insurance Company. (Rich, Alan) |
| Filing 164 TRIAL BRIEF on Tortious Interference by Alpha Partners Ltd, CSI Agency Services Inc. (Rich, Alan) |
| Filing 163 STIPULATION Regarding Avoidance of Trial by Consent by Lincoln General Insurance Company. (Burdette, Bradford) |
| Filing 162 Proposed Pretrial Order SECOND SUPPLEMENTAL JOINT PRETRIAL ORDER by Alpha Partners Ltd, CSI Agency Services Inc, Lincoln General Insurance Company, U.S Auto Insurance Services, Inc., Santa Fe Auto Insurance Company, James Thornton Maxwell, James Douglas Maxwell, Gamma Group Inc. (Burdette, Bradford) Modified filers on 1/8/2013 (rlw). |
| Filing 161 Joint STIPULATION PARTIES STIPULATION REGARDING LINCOLN GENERALS BREACH OF CONTRACT CLAIM by Alpha Partners Ltd, CSI Agency Services Inc, Lincoln General Insurance Company, U.S Auto Insurance Services, Inc.. (Burdette, Bradford) |
| Filing 160 NOTICE of Bench Trial Date. The Bench Trial will begin on 01/08/2013 at 9:00 AM. (chmb) |
| Filing 159 Proposed Pretrial Order SUPPLEMENTAL JOINT PRETRIAL ORDER by Alpha Partners Ltd, CSI Agency Services Inc, Lincoln General Insurance Company, U.S Auto Insurance Services, Inc.. (Burdette, Bradford) |
| ELECTRONIC Minute Entry for proceedings held before Judge Jane J Boyle: Pretrial Conference held on 1/4/2013. Attorney Appearances: Plaintiff - William Radford, Albert Miller, and Bradford Burdette; Defense - John Arnold and Alan Rich. (Court Reporter: Shawn McRoberts) (No exhibits) Time in Court - :33. (chmb) |
| Filing 158 Exhibit List Plaintiff's First Supplement to Trial Exhibit List by Lincoln General Insurance Company. (Burdette, Bradford) |
| Filing 157 PROOF of Service for Subpoena served on Nick Roberto on 12/20/2012. (skt) |
| Filing 156 RESPONSE filed by Lincoln General Insurance Company re: #122 Objections to #119 Pretrial Disclosures, (Burdette, Bradford) Modified linkage on 12/26/2012 (jeh). |
| Filing 155 Exhibit List Defendants' Responses to Plaintiffs' Objections to Deposition Page and Line Designations, and to Objections to Exhibits by Alpha Partners Ltd, CSI Agency Services Inc, U.S Auto Insurance Services, Inc.. (Attachments: #1 Exhibit(s) A-Defendants' Responses to Plaintiff's Objections to Deposition Page and Line Designations, #2 Exhibit(s) B-Defendants' Responses to Plaintiff's Objections to Exhibits) (Arnold, John) |
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Filing 154
ELECTRONIC ORDER setting deadline: The Court hereby Orders that the responses to pretrial-disclosure objections be filed no later than December 20, 2012, as outlined in the parties' Joint Status Report. (Ordered by Judge Jane J Boyle on 12/3/2012) (chmb)
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Filing 153
ORDER denying #151 Motion for Entry of Final Judgment as to Fewer Than All Claims and All Parties. (Ordered by Judge Jane J Boyle on 12/3/2012) (twd)
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| Filing 152 Joint STATUS REPORT filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, Lincoln General Insurance Company, James Douglas Maxwell, James Thornton Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc.. (Burdette, Bradford) |
| Filing 151 MOTION for Judgment Plaintiff's Motion for Entry of Final Judgment as to Fewer than all claims and all parties and Memorandum Brief in Support filed by Lincoln General Insurance Company with Brief/Memorandum in Support. (Burdette, Bradford) |
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Filing 150
STATUS REPORT ORDER: Status Report due by 11/30/2012. (Ordered by Judge Jane J Boyle on 11/5/2012) (cea)
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Filing 149
ORDER denying #145 Motion for Clarification or, alternatively, Motion for Reconsideration. (Ordered by Judge Jane J Boyle on 10/31/2012) (twd)
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| Filing 148 Brief/Memorandum in Support filed by Lincoln General Insurance Company re #147 Response/Objection, REPLY BRIEF TO DEFENDANTS' JOINT RESPONSE TO PLAINTIFF'S MOTION FOR CLARIFICATION AND IN THE ALTERNATIVE, MOTION FOR RECONSIDERATION CONCERNING THE COURT'S MEMORANDUM OPINION AND ORDER DATED AUGUST 30, 2012 (Burdette, Bradford) |
| Filing 147 RESPONSE filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Douglas Maxwell, James Thornton Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc. re: #145 MOTION for Reconsideration re #141 Order on Motion to Dismiss, Order on Motion for Summary Judgment,,,, PLAINTIFFS MOTION FOR CLARIFICATION AND IN THE ALTERNATIVE, MOTION FOR RECONSIDERATION CONCERNING THE COURTS MEMORANDUM OPINION AND ORDER (Arnold, John) |
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Filing 146
ELECTRONIC ORDER: Bench Trial set for 1/7/2013 at 9:00 AM in US Courthouse, Courtroom 1306, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Jane J Boyle. Pretrial Conference set for 1/4/2013 at 10:00 AM before Judge Jane J Boyle. (Ordered by Judge Jane J Boyle on 9/27/2012) (chmb)
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| Filing 145 MOTION for Reconsideration re #141 Order on Motion to Dismiss, Order on Motion for Summary Judgment,,,, PLAINTIFFS MOTION FOR CLARIFICATION AND IN THE ALTERNATIVE, MOTION FOR RECONSIDERATION CONCERNING THE COURTS MEMORANDUM OPINION AND ORDER DATED AUGUST 30, 2012, AND BRIEF IN SUPPORT filed by Lincoln General Insurance Company with Brief/Memorandum in Support. (Burdette, Bradford) |
| Filing 144 Joint STATUS REPORT filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, Lincoln General Insurance Company, James Douglas Maxwell, James Thornton Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc.. (Burdette, Bradford) |
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Filing 143
STATUS REPORT ORDER: Joint Status Report due by 9/21/2012. (Ordered by Judge Jane J Boyle on 9/12/2012) (tln)
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Filing 142
ELECTRONIC ORDER denying #106 Motion Objection to Magistrate Judge's Order on Motion to Compel (Ordered by Judge Jane J Boyle on 8/30/2012) (Judge Jane J Boyle)
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Filing 141
MEMORANDUM OPINION AND ORDER finding as moot #70 Motion to Dismiss. Granting in part and denying in part #95 Motion for Summary Judgment; Denying #98 Motion for Summary Judgment. (Ordered by Judge Jane J Boyle on 8/30/2012) (Judge Jane J Boyle) Modified on 8/31/2012 (skt).
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| Hearing Modification: hearings terminated per #140 Order on Motion to Continue. Trial and pretrial cancelled. (mcrd) |
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Filing 140
ORDER: Due to a conflict in the Court's scheduling, the trial date of 4/23/2012, is hereby VACATED. The Court will reset the trial date on a date to be determined. (Ordered by Judge Jane J Boyle on 4/12/2012) (cea)
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ELECTRONIC ORDER: The Pretrial Conference, scheduled for April 20, 2012, is hereby VACATED, per ECF No. 140. (Ordered by Judge Jane J Boyle on 4/12/2012) (chmb)
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| Filing 139 MOTION to Continue-Letter concerning possible need for temporary adjournment due to Fifth Circuit oral argument filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Douglas Maxwell, James Thornton Maxwell, Santa Fe Auto Insurance Company (Rich, Alan) Modified on 3/12/2012 (axm). |
| Filing 138 Re Supplement to First Amended Complaint -- ANSWER to Complaint filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Douglas Maxwell, James Thornton Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc.. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. (Rich, Alan) |
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Filing 137
ORDER: The Court, having reviewed the #135 Joint Proposal for Trial Date, sets the trial date in this case for 4/23/2012. Accordingly, the pre-trial conference will occur on 4/20/2012, at 10:00 a.m., in the Courtroom of the Honorable Jane J. Boyle. (Ordered by Judge Jane J Boyle on 3/2/2012) (tln)
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Filing 136
ORDER granting #120 MOTION for Leave to File Supplement to First Amended Complaint. (Ordered by Judge Jane J Boyle on 2/21/2012) (ykp)
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| Filing 135 Proposal for contents of scheduling and discovery order JOINT PROPOSAL FOR TRIAL DATE by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, Lincoln General Insurance Company, James Douglas Maxwell, James Thornton Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc.. (Burdette, Bradford) |
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Filing 134
ORDER: In order to resolve pending motions that may facilitate trial, the trial date of 2/6/2012, is hereby VACATED. The parties should propose a trial date no earlier than no later than 4/30/2012. The parties should submit in writing their agreed upon trial date within 14 days from the date of this Order. (Ordered by Judge Jane J Boyle on 2/2/2012) (ykp)
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| Filing 133 Final Pretrial Disclosures -- Including Witness List and Narratives and Exhibit List with Objections filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Douglas Maxwell, James Thornton Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc.. (Rich, Alan) |
| Filing 132 PLAINTIFF'S SUBMISSION OF FINAL PRE-TRIAL MATERIALS/ Pretrial Disclosures filed by Lincoln General Insurance Company. (Attachments: #1 Exhibit(s) A. Plaintiff's Trial Exhibit List, #2 Exhibit(s) B. Plaintiff's Designation of Deposition Testimony) (Burdette, Bradford) |
| Filing 131 RESPONSE filed by Lincoln General Insurance Company re: #129 Proposed Findings of Fact, #126 Proposed Findings of Fact (Burdette, Bradford) |
| Filing 130 JOINT SETTLEMENT CONFERENCE REPORT filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, Lincoln General Insurance Company, James Douglas Maxwell, James Thornton Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc.. (Burdette, Bradford) |
| Filing 129 JOINT Proposed Opposition Findings of Fact and Conclusions of Law by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Douglas Maxwell, James Thornton Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc.. (Arnold, John) Modified text on 1/31/2012 (bdg). |
| Filing 128 Proposed Pretrial Order JOINT PRETRIAL ORDER by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, Lincoln General Insurance Company, James Douglas Maxwell, James Thornton Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc.. (Burdette, Bradford) |
| Filing 127 Proposed Findings of Fact by Lincoln General Insurance Company. (Burdette, Bradford) |
| Filing 126 Proposed Findings of Fact by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Douglas Maxwell, James Thornton Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc.. (Rich, Alan) |
| REPLY filed by Lincoln General Insurance Company re: #120 MOTION for Leave to File Supplement to First Amended Complaint. (see doc 125 for image) (axm) |
| Filing 125 REPLY Brief in Support filed by Lincoln General Insurance Company re: #120 MOTION for Leave to File Supplement to First Amended Complaint (Burdette, Bradford) Modified text and linkage on 1/20/2012 (axm). |
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Filing 124
MEDIATION ORDER. The parties may continue to work with Christopher Nolland or request the Court to appoint a mediator. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. The clerk will send any requested documents to the mediator. Deadline for mediation is on or before 2/1/2012. (Ordered by Judge Jane J Boyle on 1/19/2012) (twd)
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| Filing 123 OBJECTION filed by Lincoln General Insurance Company re: #118 Pretrial Disclosures, (Burdette, Bradford) |
| Filing 122 Joint Objections to Rule 26(a)(3) Pretrial Disclosures of Plaintiff LGIC filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Douglas Maxwell, James Thornton Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc.. (Arnold, John) |
| Filing 121 RESPONSE filed by James Douglas Maxwell re: #120 MOTION for Leave to File Supplement to First Amended Complaint (Rich, Alan) |
| Filing 120 MOTION for Leave to File Supplement to First Amended Complaint filed by Lincoln General Insurance Company (Attachments: #1 Exhibit(s) A Depo Excerpts of James Douglas Maxwell, #2 Exhibit(s) B Letter from Court Reporter, #3 Exhibit(s) C Lincoln General Insurance Company's Supplement to First Amended Complaint) (Burdette, Bradford) |
| Filing 119 PLAINTIFF LINCOLN GENERAL INSURANCE COMPANY'S RULE 26(a)(3)(A) Pretrial Disclosures filed by Lincoln General Insurance Company. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Radford, William) |
| Filing 118 Defendants' Joint Rule 26 (a)(3) Pretrial Disclosures w/ Depo. Page and Line Designations filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Douglas Maxwell, James Thornton Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc.. (Arnold, John) |
| Filing 117 REPLY filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Douglas Maxwell, James Thornton Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc. re: #113 Unopposed MOTION for Leave to File REVISED BRIEF IN RESPONSE TO DEFENDANTS' JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT (Arnold, John) |
| Filing 116 REPLY filed by Lincoln General Insurance Company re: #98 MOTION FOR PARTIAL SUMMARY JUDGMENT (Burdette, Bradford) |
| Filing 115 ADDITIONAL ATTACHMENTS Table of Contents and Table of Authorities to #96 Brief/Memorandum in Support of Joint Motion for Partial Summary by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Douglas Maxwell, James Thornton Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services Inc. (Arnold, John) Modified on 12/27/2011 (axm). |
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Filing 114
ELECTRONIC ORDER granting #113 Motion for Leave to File. Plaintiff's Unopposed Motion for Leave to File a Revised Brief is hereby GRANTED. (Ordered by Judge Jane J Boyle on 12/19/2011) (chmb)
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| Filing 113 Unopposed MOTION for Leave to File REVISED BRIEF IN RESPONSE TO DEFENDANTS' JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Lincoln General Insurance Company (Attachments: #1 Exhibit(s) A; Revised Brief in Response to Defendants Joint Motion for Partial Summary Judgment) (Burdette, Bradford) |
| Filing 112 Supplemental Document by Lincoln General Insurance Company as to #110 Response to Motion for Partial Summary Judgment (Attachments: #1 Exhibit(s) P. App. 1-354) (Burdette, Bradford) Modified on 12/13/2011 (skt). |
| Filing 111 Brief/Memorandum in Support filed by Lincoln General Insurance Company re #110 Response to Motion for Partial Summary Judgment (Burdette, Bradford) Modified on 12/13/2011 (skt). |
| Filing 110 RESPONSE filed by Lincoln General Insurance Company re: #95 MOTION for Summary Judgment (Burdette, Bradford) |
| Filing 109 Appendix in Support filed by James Douglas Maxwell, U.S Auto Insurance Services, Inc. re #108 Brief/Memorandum in Support of #107 Response to Motion for Partial Summary Judgment (Attachments: #1 Exhibit(s) Appendix Part II, #2 Exhibit(s) Appendix Part III, #3 Exhibit(s) Appendix Part IV) (Arnold, John) Modified on 12/13/2011 (skt). |
| Filing 108 Brief/Memorandum in Support filed by James Douglas Maxwell, U.S Auto Insurance Services, Inc. re #107 Response/Objection (Arnold, John) |
| Filing 107 RESPONSE filed by James Douglas Maxwell, U.S Auto Insurance Services, Inc. re: #98 MOTION for Summary Judgment (Arnold, John) |
| Filing 106 MOTION Objection to Magistrate Order re #101 Order on Motion to Compel filed by U.S Auto Insurance Services, Inc. with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Appendix/Record Part I, #2 Exhibit(s) Appendix/Record Part II, #3 Exhibit(s) Appendix/Record Part III) (Arnold, John) |
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Filing 105
ELECTRONIC ORDER granting #104 Motion to Extend Time to File Response/Reply. The Joint Motion to Extend is hereby GRANTED. Parties must file a response to the respective motions for summary judgment by December 12, 2011. However, the trial date remains firmly set for February 6, 2012. (Ordered by Judge Jane J Boyle on 12/5/2011) (chmb)
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| Filing 104 JOINT MOTION for Extension of Time to File Response/Reply TO THE RESPECTIVE MOTIONS FOR SUMMARY JUDGMENT filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, Lincoln General Insurance Company, James Douglas Maxwell, James Thornton Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc. (Burdette, Bradford) |
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Filing 103
ELECTRONIC ORDER granting #102 Motion to Extend Time. The Agreed Motion to Extend the Deadline for Completion of Discovery is hereby GRANTED. The deadline is now December 6, 2011. (Ordered by Judge Jane J Boyle on 11/30/2011) (chmb)
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| Filing 102 Agreed MOTION to Extend Certain Deadlines in Current Scheduling Order filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, Lincoln General Insurance Company, James Douglas Maxwell, James Thornton Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc. (Burdette, Bradford) |
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Filing 101
ORDER denying #76 Motion to Compel Production of Documents. (Ordered by Magistrate Judge Paul D Stickney on 11/18/2011) (axm)
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| Filing 100 Appendix in Support filed by Lincoln General Insurance Company re #98 MOTION for Summary Judgment (gr) |
| Filing 99 Brief/Memorandum in Support filed by Lincoln General Insurance Company re #98 MOTION for Summary Judgment (gr) |
| Filing 98 MOTION for Summary Judgment filed by Lincoln General Insurance Company (gr) (Additional attachment(s) added on 11/21/2011: #1 Proposed Order) (gr). |
| Filing 97 Appendix in Support filed by U.S. Auto Insurance Services Inc, Santa Fe Auto Insurance, Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Douglas Maxwell, James Thornton Maxwell re #96 Brief/Memorandum in Support of Motion (Attachments: #1 Appendix materials) (gr) Modified on 11/21/2011 (gr). (Additional attachment(s) added on 11/21/2011: #2 App 201-307) (gr). |
| Filing 96 Brief/Memorandum in Support filed by U.S. Auto Insurance Services Inc, Santa Fe Auto Insurance, Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Douglas Maxwell, James Thornton Maxwell re #95 MOTION for Summary Judgment (gr) Modified on 11/21/2011 to reflect proper filing date(gr). |
| Filing 95 MOTION for Summary Judgment filed by U.S. Auto Insurance Services Inc, Santa Fe Auto Insurance, Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James D Maxwell, James T Maxwell (Attachments: #1 Appendix, #2 Proposed Order) (gr) (Additional attachment(s) added on 11/21/2011: # 3 App 201-307) (gr). |
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Filing 94
ORDER granting #89 Motion to Substitute the Declaration of Gary Orndorff in Connection with Its Response To Defendant's Motion to Compel. (Ordered by Magistrate Judge Paul D Stickney on 11/10/2011) (ykp).
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| Filing 93 Alternative Dispute Resolution Summary filed by ADR Provider. Attorneys in Attendance: John Arnold, Alan B. Rich, Brad Burdette, William Radford. Prv Fee: $ 6,800.00. Outcome of ADR: Parties were unable to reach a settlement. (Nolland, Christopher) |
| Filing 92 Alternative Dispute Resolution Summary filed by Christopher Nolland. Attorneys in Attendance: John Arnold, Alan B. Rich, Bradford Burdette, William N. Radford. Prv Fee: $ 6,800.00. Outcome of ADR: Parties were unable to reach a settlement. (Nolland, Christopher) |
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Filing 91
ORDER granting #86 Motion to Extend Time to File Response/Reply. Responses due by 10/25/2011 (Ordered by Magistrate Judge Paul D Stickney on 11/3/2011) (svc)
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| Filing 90 REPLY filed by U.S Auto Insurance Services, Inc. re: #76 MOTION to Compel (Arnold, John) |
| Filing 89 Unopposed MOTION to Substitute the Declaration of Gary Orndorff in Connection with Its Response To Defendant's Motion to Compel re #87 Response/Objection filed by Lincoln General Insurance Company (Attachments: #1 Exhibit(s) A- Declaration of Gary Orndorff) (Burdette, Bradford) |
| Filing 88 REPLY filed by James Douglas Maxwell re: #70 MOTION to Dismiss Amended Complaint (Rich, Alan) |
| Filing 87 RESPONSE filed by Lincoln General Insurance Company re: #76 MOTION to Compel (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Burdette, Bradford) |
| Filing 86 Unopposed MOTION for Extension of Time to File Response/Reply re: #76 MOTION to Compel filed by Lincoln General Insurance Company (Burdette, Bradford) |
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Filing 85
ORDER granting #84 Agreed Motion to Extend the Deadline for Completion of Discovery: The Discovery deadline is moved to 12/2/2011. The dispositive motions deadline remains 11/18/2011. (Ordered by Judge Jane J Boyle on 10/24/2011) (twd)
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| Filing 84 Agreed MOTION to Extend Certain Deadline in Current Scheduling Order filed by Gamma Group Inc, Lincoln General Insurance Company, James Douglas Maxwell, James Thornton Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc, CSI Agency Services Inc, Alpha Partners Ltd. (Burdette, Bradford) Modified on 10/25/2011 (skt). |
| Filing 83 RESPONSE filed by Lincoln General Insurance Company re: #70 MOTION to Dismiss Amended Complaint (Burdette, Bradford) |
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Filing 82
ELECTRONIC ORDER granting #80 Motion to Extend Time to File Response/Reply. (Ordered by Judge Jane J Boyle on 10/18/2011) (chmb)
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Filing 81
ORDER REFERRING #76 MOTION to Compel to Magistrate Judge Paul D Stickney. (Ordered by Judge Jane J Boyle on 10/17/2011) (twd)
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| Filing 80 Plaintiffs' Second Unopposed MOTION for Extension of Time to File Response/Reply to Respond to Defendant James Douglas Maxwell's Rule 12 Motion to Dismiss re: #70 MOTION to Dismiss Amended Complaint filed by Lincoln General Insurance Company (Attachments: #1 Proposed Order) (Burdette, Bradford) Modified Relationship and Text on 10/19/2011 (egb). |
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Filing 79
ELECTRONIC ORDER granting #78 Motion to Extend Time to File Response/Reply. Plaintiff's Unopposed Motion for Extension of Time to file a Response is hereby GRANTED. (Ordered by Judge Jane J Boyle on 10/17/2011) (chmb)
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| Filing 78 Unopposed MOTION for Extension of Time to File Response/Reply to Defendant James Douglas Maxwell's Motion to Dismiss Under Rule 12(6)(B) re: #70 MOTION to Dismiss Amended Complaint filed by Lincoln General Insurance Company (Burdette, Bradford) |
| Filing 77 ANSWER to Counterclaim filed by Lincoln General Insurance Company. Related document: #62 Answer to Amended Complaint, Counterclaim. (Burdette, Bradford) Modified text on 10/6/2011 (dnc). |
| Filing 76 MOTION to Compel filed by U.S Auto Insurance Services, Inc. with Brief/Memorandum in Support. (Attachments: #1 Additional Page(s) Appendix, #2 Exhibit(s) 1-Req for Production, #3 Exhibit(s) 2-Response for Req, #4 Exhibit(s) 3-Agreement Letter, #5 Exhibit(s) 4-Dec. of Orndorff, #6 Exhibit(s) 5-Penn. Statute, #7 Exhibit(s) 6-June 13, 2011 letter, #8 Proposed Order Order) (Arnold, John) |
| Filing 75 ***DISREGARD,FILED IN ERROR PER ATTORNEY*** MOTION to Compel filed by U.S Auto Insurance Services, Inc. with Brief/Memorandum in Support. (Attachments: #1 Additional Page(s) Index, #2 Additional Page(s) Appendix to Exhibits, #3 Exhibit(s) 1-Request for Production, #4 Exhibit(s) 2-Response for RFP, #5 Exhibit(s) 3-Agreement Letter, #6 Exhibit(s) 4-Dec. of Orndorff, #7 Exhibit(s) 5-Penn Statute, #8 Exhibit(s) 6-June 13, 2011 letter, #9 Proposed Order Order) (Arnold, John) Modified text on 9/29/2011 (ykp). |
| Filing 74 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Alpha Partners Ltd. (Rich, Alan) |
| Filing 73 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Gamma Group Inc. (Rich, Alan) |
| Filing 72 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CSI Agency Services Inc. (Rich, Alan) |
| Filing 71 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Santa Fe Auto Insurance Company. (Rich, Alan) |
| Filing 70 MOTION to Dismiss Amended Complaint filed by James Douglas Maxwell with Brief/Memorandum in Support. (Rich, Alan) |
| Filing 69 ANSWER to Amended Complaint, filed by Santa Fe Auto Insurance Company Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. (Rich, Alan) |
| Filing 68 ***STRICKEN PER #255 ORDER*** ANSWER to Amended Complaint, filed by James Thornton Maxwell Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. (Rich, Alan) Modified on 9/20/2018 (axm). |
| Filing 67 ANSWER to Amended Complaint, filed by Gamma Group Inc Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. (Rich, Alan) |
| Filing 66 ANSWER to Amended Complaint, filed by CSI Agency Services Inc Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. (Rich, Alan) |
| Filing 65 ANSWER to Amended Complaint, filed by Alpha Partners Ltd Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. (Rich, Alan) |
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Filing 64
ELECTRONIC ORDER finding as moot #55 Motion to Extend Time. The Agreed Motion is DENIED AS MOOT in light of the Court's September 6, 2011 Order granting the Amended Motion at doc. 56. (Ordered by Judge Jane J Boyle on 9/19/2011) (chmb)
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| Filing 63 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by U.S Auto Insurance Services, Inc.. (Arnold, John) |
| Filing 62 ANSWER to Amended Complaint, filed by U.S Auto Insurance Services, Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership., COUNTERCLAIM against Lincoln General Insurance Company filed by U.S Auto Insurance Services, Inc. (Arnold, John) |
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Filing 61
ELECTRONIC ORDER granting in part and denying in part #58 Motion to Extend Time. The parties' Agreed Motion to Extend Time of Certain Deadlines is hereby GRANTED in part and DENIED in part. Accordingly, the deadline for Completion of Discovery is extended to November 1, 2011, and the Deadline for Completion of Mediation is extended to November 7, 2011. However, the Deadline for Dispositive Motions is not extended and thus the parties are DIRECTED to file any dispositive motions on or before November 18, 2011. (Ordered by Judge Jane J Boyle on 9/14/2011) (chmb)
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Filing 60
ELECTRONIC ORDER granting #59 Motion for Discovery. The parties' Agreed Motion to Use Discovery In Previous Litigation as if Conducted in the Current Litigation is hereby GRANTED. (Ordered by Judge Jane J Boyle on 9/14/2011) (chmb)
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| Filing 59 Agreed MOTION to use Discovery in Previous Litigation as if Conducted in the Current Litigation filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, Lincoln General Insurance Company, James Thornton Maxwell, James Douglas Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc. (Burdette, Bradford) |
| Filing 58 Agreed MOTION to Extend Certain Deadline in Current Scheduling Order filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, Lincoln General Insurance Company, James Thornton Maxwell, James Douglas Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc. (Burdette, Bradford) |
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ELECTRONIC ORDER granting #57 Motion for Leave to File. Plaintiff's Motion for Leave to File First Amended Complaint is hereby GRANTED. Accordingly, the Plaintiff's Amended Complaint is deemed to have been filed on September 6, 2011 and Defendants are DIRECTED to file any responsive pleadings in accordance with the regular schedule in the Federal Rules. (Ordered by Judge Jane J Boyle on 9/7/2011) (chmb)
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| FIRST AMENDED COMPLAINT against Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Thornton Maxwell, James Douglas Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc. filed by Lincoln General Insurance Company. (see doc 57 for image) (axm) |
| Filing 57 MOTION for Leave to File First Amended Complaint filed by Lincoln General Insurance Company (Attachments: #1 Exhibit 1 to Motion for Leave to File First Amended Complaint, #2 Exh. A (Part 1) to First Amended Complaint, #3 Exh. A (Part 2) to First Amended Complaint, #4 Exh. B to First Amended Complaint, #5 Exh. C to First Amended Complaint, #6 Exh. D to First Amended Complaint, #7 Exh. E to First Amended Complaint, #8 Exh. F to First Amended Complaint, #9 Exh. G to First Amended Complaint, #10 Exh. H to First Amended Complaint, #11 Exh. I to First Amended Complaint, #12 Exh. J to First Amended Complaint, #13 Exh. K to First Amended Complaint, #14 Exh. L to First Amended Complaint) (Radford, William) |
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ELECTRONIC ORDER granting #56 Motion for Extension of Time to File Answer All Defendants. Defendants' Motion to Extend Time to Respond to Plaintiff's Complaint is hereby GRANTED. Accordingly, the Deadline for Defendants' Response to the original Complaint is extended until after the Plaintiff has filed a Motion for Leave to File an Amended Complaint. (Ordered by Judge Jane J Boyle on 9/6/2011) (chmb)
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| Filing 56 Amended Motion for Extension of Time to File Answer filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Thornton Maxwell, James Douglas Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc. with Brief/Memorandum in Support. (Rich, Alan) |
| Filing 55 Agreed MOTION to Extend Time to file Responses to Original Complaint and Set Date for Filing Repsonses to Amended Complaint filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Thornton Maxwell, James Douglas Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc. with Brief/Memorandum in Support. (Rich, Alan) |
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Filing 54
MEMORANDUM OPINION AND ORDER granting in part and denying in part #19 Motion to Dismiss. (Ordered by Judge Jane J Boyle on 8/18/2011) (Judge Jane J Boyle) Modified on 8/19/2011 (skt).
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| Filing 53 Designation of Experts by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Thornton Maxwell, James Douglas Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc.. (Arnold, John) |
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Filing 52
ELECTRONIC ORDER granting #51 Motion to Extend Time. The parties' Agreed Motion to Extend Certain Deadlines is hereby GRANTED. Accordingly, the Deadline for Joinder of Parties or Amendment of Pleadings is extended to August 19, 2011, and the Deadline for Defendants' Designation of Expert Witnesses is extended to August 15, 2011. (Ordered by Judge Jane J Boyle on 8/2/2011) (chmb)
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| Filing 51 Agreed MOTION to Extend Time CERTAIN DEADLINES IN CURRENT SCHEDULING ORDER filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, Lincoln General Insurance Company, James Thornton Maxwell, James Douglas Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc. (Burdette, Bradford) |
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Filing 50
ELECTRONIC ORDER granting #48 Motion to Extend Time. Plaintiff's Unopposed Motion to Extend Certain Deadlines in Current Scheduling Order is hereby GRANTED. (Ordered by Judge Jane J Boyle on 7/12/2011) (chmb)
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| Filing 49 Designation of Experts by Lincoln General Insurance Company. (Burdette, Bradford) |
| Filing 48 Unopposed MOTION to Extend Time CERTAIN DEADLINES IN CURRENT SCHEDULING ORDER filed by Lincoln General Insurance Company (Burdette, Bradford) |
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Filing 47
ELECTRONIC ORDER granting #46 Motion to Extend Time. Plaintiff's Unopposed Motion to Extend Certain Deadlines in Current Scheduling Order is hereby GRANTED. Accordingly, the parties are DIRECTED to file any motion for leave to join parties or amend pleadings on or before July 23, 2011. (Ordered by Judge Jane J Boyle on 6/29/2011) (chmb)
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| Filing 46 Unopposed MOTION to Extend Certain Deadline in Current Scheduling Order filed by Lincoln General Insurance Company (Burdette, Bradford) |
| Filing 45 ***Disregard, see #46 for correct document*** Unopposed MOTION to Extend Certain Deadline in Current Scheduling Order filed by Lincoln General Insurance Company (Burdette, Bradford) Modified on 6/23/2011 (twd). |
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Filing 44
ELECTRONIC ORDER granting #43 Motion to Extend Time. Plaintiff's Unopposed Motion to Extend Certain Deadlines in Current Scheduling Order is hereby GRANTED. Accordingly, the parties are DIRECTED to file any motion for leave to join parties or amend pleadings on or before June 24, 2011. (Ordered by Judge Jane J Boyle on 5/27/2011) (chmb)
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| Filing 43 Unopposed MOTION to Extend Time Certain Deadlines in Current Scheduling Order filed by Lincoln General Insurance Company (Burdette, Bradford) |
| Filing 42 SUMMONS Returned Executed as to U.S Auto Insurance Services, Inc. ; served on 12/3/2010. (dnc) |
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Filing 41
ELECTRONIC ORDER granting #40 Motion to Extend Time. The parties' Joint Motion to Extend Certain Deadlines in Current Scheduling Order is hereby GRANTED. Accordingly, the parties are hereby directed to file all motions for leave to join parties or amend pleadings on or before Friday, May 27, 2011. (Ordered by Judge Jane J Boyle on 4/25/2011) (chmb)
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| Filing 40 Joint MOTION to Extend Time DEADLINES IN CURRENT SCHEDULING ORDER filed by Lincoln General Insurance Company (Burdette, Bradford) |
| Filing 39 Joint STATUS REPORT REGARDING SELECTION OF MEDIATOR filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, Lincoln General Insurance Company, James Thornton Maxwell, James Douglas Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc.. (Radford, William) |
| Filing 38 AFFIDAVIT of Service for Summons, Original Complaint, and MOTION for Certain Defendants to Post Bond, served on Gamma Group Inc on 12/6/2010. (dnc) |
| Filing 37 REPLY filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Thornton Maxwell, James Douglas Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc. re: #19 Joint MOTION to Dismiss Pursuant to Rules 12(b)(4), (5) & (6)Joint MOTION to Dismiss Pursuant to Rules 12(b)(4), (5) & (6) (Rich, Alan) |
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Filing 36
ELECTRONIC ORDER granting #35 Motion for Leave to File. Defendants' Agreed Motion and Brief to Enlarge Page Limits for their Reply is hereby GRANTED. (Ordered by Judge Jane J Boyle on 3/10/2011) (chmb)
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| Filing 35 Agreed MOTION for Leave to File Reply Brief in Excess of 10-Pages filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Thornton Maxwell, James Douglas Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc. with Brief/Memorandum in Support. (Rich, Alan) |
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Filing 33
ELECTRONIC ORDER granting #32 Motion to Extend Time to File Response/Reply. Defendants' Agreed Motion for Extension of Time to File Reply Brief in Support of Motion to Dismiss is hereby GRANTED. Accordingly, Defendants are DIRECTED to file their Reply on or before Thursday, March 10, 2011. (Ordered by Judge Jane J Boyle on 2/18/2011) (chmb)
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| Filing 32 AGREED MOTION for Extension of Time to File Response/Reply re: #29 Response/Objection, filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Thornton Maxwell, James Douglas Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc. with Brief/Memorandum in Support. (Rich, Alan) |
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Filing 31
ELECTRONIC ORDER denying [] Motion for Certain Defendants to Post Bond. The Court declines to require certain defendants to post bond. (Ordered by Judge Jane J Boyle on 2/16/2011) (Judge Jane J Boyle)
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Filing 34
SCHEDULING ORDER: This case is set for trial on this Court's four-week docket beginning 2/6/2012 before Judge Jane J Boyle. Joinder of Parties due by 4/22/2011. Amended Pleadings due by 4/22/2011. Motions due by 11/18/2011. Discovery due by 9/16/2011. Deadline for mediation is on or before 10/14/2011. Joint Report due by 3/18/2011. Pretrial Materials due by 1/20/2012. Pretrial Order due by 1/20/2012. Pretrial Conference set for 2/3/2012 10:00 AM before Judge Jane J Boyle. (Ordered by Judge Jane J Boyle on 2/11/2011) (dnc)
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| Filing 30 Certified Mail Executed on 12/3/2010 as to James Douglas Maxwell re: #1 Complaint. (dnc) |
| Filing 29 RESPONSE filed by Lincoln General Insurance Company re: #19 Joint MOTION to Dismiss Pursuant to Rules 12(b)(4), (5) & (6).(Attachments: #1 Appendix in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Proposed Order) (Radford, William) Modified text and linkage on 2/11/2011 (axm). |
| Filing 28 Joint STATUS REPORT filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, Lincoln General Insurance Company, James Thornton Maxwell, James Douglas Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc.. (Burdette, Bradford) |
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Filing 27
ELECTRONIC ORDER granting #26 Motion to Extend Time to File Response/Reply. Plaintiff's Unopposed Amended Motion to Extend Deadline to File Response to Defendants' Rule 12 Motions is hereby GRANTED. Accordingly, Plaintiff is DIRECTED to file its Response on or before Thursday, February 10, 2011. (Ordered by Judge Jane J Boyle on 2/7/2011) (chmb)
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| Filing 26 Unopposed MOTION for Extension of Time to File Response/Reply re: #19 Joint MOTION to Dismiss Pursuant to Rules 12(b)(4), (5) & (6) filed by Lincoln General Insurance Company. (Burdette, Bradford) Modified on 2/11/2011 (axm). |
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Filing 25
ELECTRONIC ORDER granting #24 Motion to Extend Time to File Response/Reply. (Ordered by Judge Jane J Boyle on 1/28/2011) (Judge Jane J Boyle)
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| Filing 24 Agreed MOTION for Extension of Time to File Response/Reply to Defendants' Rule 12 Motions filed by Lincoln General Insurance Company (Attachments: #1 Proposed Order) (Winter, David) |
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Filing 23
ELECTRONIC ORDER granting #22 Motion exceed page limit (Ordered by Judge Jane J Boyle on 1/26/2011) (Judge Jane J Boyle)
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| Filing 22 Agreed MOTION Enlarge Page Limit for Response to Defendants' Rule 12 Motions filed by Lincoln General Insurance Company with Brief/Memorandum in Support. (Winter, David) |
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Filing 21
STATUS REPORT ORDER: Joint Status Report due by 2/8/2011. (Ordered by Judge Jane J Boyle on 1/18/2011) (tln)
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| Filing 20 STIPULATION that Paragraph 54 of the Complaint Should Be Stricken by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, Lincoln General Insurance Company, James Thornton Maxwell, James Douglas Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc.. (Rich, Alan) |
| Filing 19 Joint MOTION to Dismiss Pursuant to Rules 12(b)(4), (5) & (6) (CORRECTED TO REPLACE DOC. NO. 18) filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Thornton Maxwell, James Douglas Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc. with Brief/Memorandum in Support. (Attachments: #1 Appendix, #2 Proposed Order) (Arnold, John) |
| Filing 18 ***DISREGARD, CORRECTED FILED AS DOC 19*** Joint MOTION to Dismiss Pursuant to Rules 12(b)(4), (5) and (6) and Brief in Support filed by Alpha Partners Ltd, Gamma Group Inc, James Thornton Maxwell, James Douglas Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc. with Brief/Memorandum in Support. (Attachments: #1 Appendix, #2 Proposed Order) (Arnold, John) Modified on 2/11/2011 (axm). |
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Filing 17
ELECTRONIC ORDER granting #16 Motion enlarge page limits (Ordered by Judge Jane J Boyle on 1/5/2011) (Judge Jane J Boyle)
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| Filing 16 Agreed MOTION Enlargement of Page Limitation of Local Rule 7.2 filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Thornton Maxwell, James Douglas Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc. with Brief/Memorandum in Support. (Rich, Alan) |
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Filing 15
ELECTRONIC ORDER granting #13 Motion for Extension of Time to File Answer All Defendants. Defendants' Emergency Motion for Extension of Time to Respond to Plaintiff's Complaint is hereby GRANTED. Accordingly, Defendants are DIRECTED to respond to Plaintiff's Complaint or or before January 10, 2011. (Ordered by Judge Jane J Boyle on 12/6/2010) (chmb)
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| Filing 14 CERTIFICATE of Conference re #13 Emergency Motion for Extension of Time to File Answer (SUPPLEMENTAL CERTIFICATE) by Alan B Rich on behalf of Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Thornton Maxwell, James Douglas Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc. (Rich, Alan) |
| Filing 13 Emergency Motion for Extension of Time to File Answer filed by Alpha Partners Ltd, CSI Agency Services Inc, Gamma Group Inc, James Thornton Maxwell, James Douglas Maxwell, Santa Fe Auto Insurance Company, U.S Auto Insurance Services, Inc. with Brief/Memorandum in Support. (Rich, Alan) |
| Filing 12 Correspondence re: Service of Process as to James Douglas Maxwell. (mfw) |
| Filing 11 Correspondence re: Service of Process as to Alpha Partners Ltd. (mfw) |
| Filing 10 Correspondence re: Service of Process as to U.S. Auto Insurance Services, Inc. (mfw) |
| Filing 9 Correspondence re: Service of Process as to Gamma Group, Inc. (mfw) |
| Filing 8 SUMMONS Returned Executed as to CSI Agency Services Inc; served on 11/19/2010; James Thornton Maxwell; served on 11/18/2010. (tln) |
| Filing 7 SUMMONS Returned Executed as to Santa Fe Auto Insurance Company; served on 11/19/2010. (mfw) |
| Filing 6 Summons Issued as to All Defendants. (dnc) |
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Filing 5
ORDER granting #3 Application for Admission Pro Hac Vice of Albert B. Miller. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jane J Boyle on 11/15/2010) (axm)
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| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lincoln General Insurance Company identifying Corporate Parent/Other Affiliate Walshire Assurance Company for Lincoln General Insurance Company. (Winter, David) |
| New Case Notes: A filing fee has been paid. Magistrate Judge Stickney preliminarily assigned. File to Judge Boyle. (dnc) |
| MOTION for Certain Defendants to Post Bond filed by Lincoln General Insurance Company. (See #1 for image) (dnc) |
| Filing 3 Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Albert B. Miller (Filing fee $25; Receipt number 0539-3572840) filed by Lincoln General Insurance Company (Attachments: #1 Proposed Order) (Winter, David) |
| Filing 2 NOTICE of related case filed by Lincoln General Insurance Company (Winter, David) |
| Filing 1 COMPLAINT AND MOTION FOR CERTAIN DEFENDANTS TO POST BOND against All Defendants filed by Lincoln General Insurance Company. Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the #Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $350; Receipt number 0539-3572672) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership (Attachments: #1 Cover Sheet, #2 Exhibit(s) A (Part 1), #3 Exhibit(s) A (Part 2), #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) D, #7 Exhibit(s) E, #8 Exhibit(s) F, #9 Exhibit(s) G, #10 Exhibit(s) H, #11 Exhibit(s) I, #12 Exhibit(s) J, #13 Exhibit(s) K, #14 Exhibit(s) L) (Winter, David) |
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