Pulte Homes of Texas LP et al v. American Empire Surplus Lines Policy et al
| Centex Homes, Pulte Homes of Texas, L.P. and Pulte Homes of Texas LP |
| American Empire Surplus Lines Policy, Crum & Forster Specialty Insurance Company, First Mercury Insurance Corporation, Illinois National Insurance Company, National Union Fire of Pittsburgh and Crum & Forster Insurance Company |
| 3:2020cv03052 |
| October 5, 2020 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Brantley Starr |
| Contract: Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on May 25, 2021. A more recent docket listing may be available from PACER.
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| Filing 41 NOTICE of Dismissal PLAINTIFFS NOTICE OF VOLUNTARY DISMISSAL, WITHOUT PREJUDICE, OF THEIR CLAIMS AGAINST DEFENDANT CRUM & FORSTER INSURANCE COMPANY filed by Centex Homes, Pulte Homes of Texas LP (Attachments: #1 Proposed Order) (Cazier, Nathan) |
| Filing 40 Brief/Memorandum in Support filed by Crum & Forster Insurance Company re #39 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Affidavit(s) Donald Campbell, #2 Exhibit(s) A - John Paul Young Policy, #3 Exhibit(s) B - K&A Wolfe Masonry Policy) (Martin, Brian) |
| Filing 39 Motion to Dismiss for Failure to State a Claim filed by Crum & Forster Insurance Company (Attachments: #1 Proposed Order) (Martin, Brian) |
| Filing 38 ANSWER to #27 Amended Complaint with Jury Demand filed by First Mercury Insurance Corporation. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Martin, Brian) |
| Filing 37 ANSWER to #27 Amended Complain with Jury Demand filed by Crum & Forster Specialty Insurance Company. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Martin, Brian) |
| Filing 36 ANSWER to #27 Amended Complaint,,, filed by Illinois National Insurance Company, National Union Fire of Pittsburgh. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Almeter, Kelly) |
Filing 35
ELECTRONIC ORDER granting #34 Motion for Extension of Time to File Answer. The Court GRANTS the Agreed Motion for Extension of Time to File Answer. The Defendants' deadline to file their responsive pleadings is May 3, 2021. (Ordered by Judge Brantley Starr on 4/27/2021) (chmb)
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| Filing 34 Motion for Extension of Time to File Answer filed by Crum & Forster Specialty Insurance Company (Attachments: #1 Proposed Order) (Martin, Brian) |
| Filing 33 Amended Answer filed by American Empire Surplus Lines Policy re: #27 Amended Complaint. (Schubert, David) Modified docket text on 4/27/2021 (oyh). |
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Filing 32
ELECTRONIC ORDER granting #12 Application for Admission Pro Hac Vice of Nathan A. Cazier. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 4/18/2021) (chmb)
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Filing 31
ELECTRONIC ORDER granting #11 Application for Admission Pro Hac Vice of Scott S. Thomas. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 4/18/2021) (chmb)
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Filing 30
SCHEDULING ORDER: Jury Trial set for two-week docket beginning 5/2/2022 10:00 AM before Judge Brantley Starr. Pretrial Conference set for 4/25/2022 10:00 AM before Judge Brantley Starr. Joinder of Parties due by 5/6/2021. Amended Pleadings due by 10/4/2021. Discovery due by 12/1/2021. Deadline for mediation is on or before 12/15/2021. Status Report due by 12/22/2021. Motions due by 12/29/2021. Pretrial Order due by 4/18/2022. Pretrial Materials due by 4/18/2022. (Ordered by Judge Brantley Starr on 4/15/2021) (mjr)
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Filing 29
ELECTRONIC ORDER finding as moot #22 Motion to Dismiss. This motion to dismiss seeks to dismiss a complaint that is no longer the live pleading in this case. Therefore, the Court FINDS AS MOOT Illinois National Insurance Company and National Union Fire of Pittsburgh's Motion for Partial Dismissal #22 . (Ordered by Judge Brantley Starr on 4/13/2021) (chmb)
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Filing 28
ELECTRONIC ORDER finding as moot #19 Motion to Dismiss. This motion to dismiss seeks to dismiss a complaint that is no longer the live pleading in this case. Therefore, the Court FINDS AS MOOT American Empire Surplus Lines Policy's Amended Motion for Partial Dismissal #19 . (Ordered by Judge Brantley Starr on 4/13/2021) (chmb)
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| Filing 27 SECOND AMENDED COMPLAINT WITH JURY DEMAND against American Empire Surplus Lines Policy, Crum & Forster Insurance Company, Crum & Forster Specialty Insurance Company, First Mercury Insurance Corporation, Illinois National Insurance Company, National Union Fire of Pittsburgh filed by Pulte Homes of Texas LP, Centex Homes. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (mjr) |
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Filing 26
ELECTRONIC ORDER granting #25 Motion for Leave to File. The Court GRANTS the Plaintiffs' Unopposed Motion for Leave to File Amended Complaint #25 .(Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Brantley Starr on 4/12/2021) (chmb)
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| Filing 25 MOTION for Leave to File UNOPPOSED MOTION FOR LEAVE TO AMEND COMPLAINT AND NOTICE OF MOOTNESS OF DEFENDANTS MOTIONS TO DISMISS filed by Centex Homes, Pulte Homes of Texas LP (Attachments: #1 Exhibit(s) 1, #2 Proposed Order) (Cazier, Nathan) |
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Filing 24
ELECTRONIC ORDER: The Court received the parties' Joint Stipulation Extending Time to Respond to Motion to Dismiss #23 , construes it as an agreed motion to extend time, and GRANTS the motion. The deadline for Pulte to file its Response to AESLICs Motion for Partial Dismissal is extended until April 9, 2021. The deadline for Pulte to file its Response to INIC/National Unions Motion for Partial Dismissal is extended until April 9, 2021. The deadline for AESLIC, INIC, and National Union to file their Replies in support of their respective Motions to Dismiss is extended until April 23, 2021.Deadlines are generally governed by courts. In the future, the parties should file a motion if they wish to extend a deadline. (Ordered by Judge Brantley Starr on 3/24/2021) (chmb)
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| Filing 23 Joint STIPULATION EXTENDING TIME TO RESPOND TO MOTION TO DISMISS by Centex Homes, Pulte Homes of Texas LP. (Attachments: #1 Proposed Order) (Cazier, Nathan) |
| Filing 22 MOTION for Partial Dismissal filed by Illinois National Insurance Company, National Union Fire of Pittsburgh (Schroeder, Matthew) Modified text on 3/17/2021 (hml). |
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Filing 21
ELECTRONIC ORDER finding as moot #14 Motion to Dismiss for Failure to State a Claim. The Plaintiffs filed an amended complaint #17 . Because this motion seeks to dismiss a complaint that is no longer live, the Court DISMISSES AS MOOT the motion to dismiss #14 . (Ordered by Judge Brantley Starr on 3/9/2021) (chmb)
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| Filing 20 ANSWER to #17 Amended Complaint,, filed by American Empire Surplus Lines Policy. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Schubert, David) |
| Filing 19 MOTION to Amend/Correct First Amended Motion for Partial Dismissal Pursuant to FR Civ Proc 12(b)(6) filed by American Empire Surplus Lines Policy with Brief/Memorandum in Support. (Schubert, David) |
| Filing 18 Proposal for contents of scheduling and discovery order JOINT PROPOSAL FOR CONTENTS OF SCHEDULING AND DISCOVERY ORDER by Centex Homes, Pulte Homes of Texas LP. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Cazier, Nathan) |
| Filing 17 AMENDED COMPLAINT WITH JURY DEMAND PLAINTIFFS' FIRST AMENDED COMPLAINT against All Defendants filed by Pulte Homes of Texas LP, Centex Homes. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Cazier, Nathan) |
| Filing 16 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by American Empire Surplus Lines Policy identifying Corporate Parent/Other Affiliate American Financial Group, Inc., Corporate Parent/Other Affiliate Great American Holding Company for American Empire Surplus Lines Policy. (Schubert, David) |
| Filing 15 ANSWER to Complaint filed by American Empire Surplus Lines Policy. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Schubert, David) |
| Filing 14 Motion to Dismiss for Failure to State a Claim filed by American Empire Surplus Lines Policy with Brief/Memorandum in Support. Attorney David J Schubert added to party American Empire Surplus Lines Policy(pty:dft) (Schubert, David) |
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Filing 13
ORDER REQUIRING ATTORNEY CONFERENCE AND PROPOSAL FOR CONTENTS OF SCHEDULING AND DISCOVERY ORDER: Joint Proposed Scheduling Order due by 3/1/2021. (Ordered by Judge Brantley Starr on 1/25/2021) (jmg)
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| Filing 12 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11447515) filed by Centex Homes, Pulte Homes of Texas LP (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order)Attorney Nathan A Cazier added to party Centex Homes(pty:pla), Attorney Nathan A Cazier added to party Pulte Homes of Texas LP(pty:pla) (Cazier, Nathan) |
| Filing 11 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11447468) filed by Centex Homes, Pulte Homes of Texas LP (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order)Attorney Scott S Thomas added to party Centex Homes(pty:pla), Attorney Scott S Thomas added to party Pulte Homes of Texas LP(pty:pla) (Thomas, Scott) |
| Filing 10 WAIVER OF SERVICE Returned Executed as to American Empire Surplus Lines Policy . Waiver sent on 12/4/2020. (Krause, Kent) Modified event text on 12/8/2020 (axm). |
| Filing 9 NOTICE of Designation of Local Counsel filed by Crum & Forster Insurance Company, Crum & Forster Specialty Insurance Company, First Mercury Insurance Corporation (Martin, Brian) |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Illinois National Insurance Company, National Union Fire of Pittsburgh identifying Corporate Parent/Other Affiliate American International Group, Inc., Corporate Parent/Other Affiliate AIG Property Casualty U.S., Inc., Corporate Parent/Other Affiliate AIG Property Casualty Inc. for Illinois National Insurance Company, National Union Fire of Pittsburgh. (Almeter, Kelly) |
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Filing 7
ELECTRONIC ORDER: The Court ORDERS Defendant Crum & Forster Insurance Company to appoint local counsel, in accordance with Local Rule 83.10, by December 2, 2020. (Ordered by Judge Brantley Starr on 11/2/2020) (chmb)
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| Filing 6 AMENDED DOCUMENT by First Mercury Insurance Corporation, Crum & Forster Specialty Insurance Company, Crum & Forster Insurance Company. Amendment to #1 Notice of Removal. (Martin, Brian) |
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Filing 5
ORDER: No later than 21 days from the date of this order, defendants must file an amended complaint that alleges diversity of citizenship, in conformity of 28 USC 1332; otherwise, this action will be dismissed without prejudice for want of subject matter jurisdiction. (Ordered by Judge Brantley Starr on 10/7/2020) (mla)
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| Filing 3 Court Request for Recusal: Senior Judge A. Joe Fish recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Brantley Starr for all further proceedings. Future filings should indicate the case number as: 3:20-cv-3052-X. (axm) |
| Filing 4 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (mjr) |
| Filing 2 NOTICE of Consent to Removal re: #1 Notice of Removal, filed by Illinois National Insurance Company, National Union Fire of Pittsburgh (Almeter, Kelly) Modified text on 10/6/2020 (jmg). |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by First Mercury Insurance Corporation, Crum & Forster Specialty Insurance Company, Crum & Forster Insurance Company. (Filing fee $400; receipt number 0539-11236153) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific 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. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) Index of Documents Being Filed, #2 Cover Sheet, #3 Cover Sheet Supplement, #4 Exhibit(s) List of Known Counsel of Record, #5 Exhibit(s) Docket Sheet, #6 Exhibit(s) Plaintiff's Original Petition, #7 Exhibit(s) Citation National Union Fire of Pittsburgh, #8 Exhibit(s) Citation Illinois National Insurance Company, #9 Exhibit(s) Citation First Mercury Insurance Company, #10 Exhibit(s) Citation Crum & Forster Specialty Insurance Company, #11 Exhibit(s) Citation Crum & Forster Insurance Company, #12 Exhibit(s) Citation American Empire Surplus Lines Policy, #13 Exhibit(s) Non-Resident Attorney Scott S. Thomas' Motion Pro Hac Vice, #14 Exhibit(s) Kent C. Krause's Motion in Support of Non-Resident Attorney Scott S. Thomas' Motion Pro Hac Vice, #15 Exhibit(s) Proposed Order on Non-Resident Attorney Scott S. Thomas' Motion Pro Hac Vice, #16 Exhibit(s) Non-Resident Attorney Nathan A. Cazier's Motion Pro Hac Vice, #17 Exhibit(s) Ken C. Krause's Motion in Support of Non-Resident Attorney Nathan A. Cazzier's Motion Pro Hac Vice, #18 Exhibit(s) Proposed Order on Non-Resident Attorney Nathan A. Cazier's Motion Pro Hac Vice, #19 Exhibit(s) Order Granting Nathan A. Cazier's Motion Pro Hac Vice, #20 Exhibit(s) Order Granting Scott S. Thomas' Motion Pro Hac Vice, #21 Exhibit(s) Request for Issuance of Citations, #22 Exhibit(s) Citation for American Empire Surplus, #23 Exhibit(s) Citation for Crum & Forster Insurance Company, #24 Exhibit(s) Citation for First Mercury Insurance Company, #25 Exhibit(s) Citation for Illinois National Insurance Company, #26 Exhibit(s) Citation for Crum & Forster Specialty Insurance Company, #27 Exhibit(s) Citation for National Union Fire of Pittsburg, #28 Exhibit(s) Return of Service - Crum & Forster Insurance Company, #29 Exhibit(s) Return of Service - Crum & Forster Insurance Company, #30 Exhibit(s) Return of Service - National Union Fire of Pittsburg, #31 Exhibit(s) Return of Service - Illinois National Insurance Company, #32 Exhibit(s) Return of Service - First Mercury Insurance Company, #33 Exhibit(s) Request for Issuance of Citation for First Mercury, #34 Exhibit(s) Citation for First Mercury Insurance Company, #35 Exhibit(s) Return of Service - First Mercury Insurance Company, #36 Exhibit(s) Original Answer of National Union Fire Ins Co and Illinois International, #37 Exhibit(s) Request for Issuance of Citation for American Empire Surplus Lines, #38 Exhibit(s) Citation for American Empire Surplus Lines, #39 Exhibit(s) Ltr to Mark Davis from The Commissioner of Dept of Insurance regarding Service of Process, #40 Exhibit(s) Return of Service American Empire No. 1, #41 Exhibit(s) Return of Service for American Empire No. 2, #42 Exhibit(s) Return of Service for American Empire No. 3, #43 Exhibit(s) Return of Service for American Empire No. 4, #44 Exhibit(s) Return of Service for American Empire No. 5, #45 Exhibit(s) Return of Service for American Empire No. 6, #46 Exhibit(s) Return of Service American Empire No. 7, #47 Exhibit(s) Crum & FMIC Answer) (Martin, Brian) |
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