Axis Surplus Insurance Company v. Holt Lunsford Commercial Inc et al
| Axis Surplus Insurance Company |
| Holt Lunsford Commercial, Inc., WF Tower-Dallas LLC and Holt Lunsford Commercial Inc |
| ADR Provider |
| 3:2021cv00917 |
| April 21, 2021 |
| US District Court for the Northern District of Texas |
| Karen Gren Scholer |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Defendant |
Docket Report
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This docket was last retrieved on April 25, 2023. A more recent docket listing may be available from PACER.
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Filing 67
FIRST AMENDED SCHEDULING ORDER: Jury Trial set for three-week docket beginning 3/4/2024 before Judge Karen Gren Scholer. Discovery due by 11/15/2023. Pretrial Conference set for 2/26/2024 01:30 PM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 4/25/2023) (axm)
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| Filing 66 (Proposed Order) Proposal for contents of scheduling and discovery order by Axis Surplus Insurance Company. (Wilkin, Bruce) Modified on 4/25/2023 (ykp). |
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Filing 65
ELECTRONIC ORDER: Based on the #63 Joint Notice of Agreement to Continuance, in which the parties notified the Court that they will attempt to resolve their discovery issues without need for Court intervention, #57 Plaintiff Axis Surplus Insurance Company's Motion to Compel is hereby TERMINATED AS MOOT, without prejudice to refiling, and the April 13, 2023, hearing on the Motion is hereby CANCELLED. (Ordered by Judge Karen Gren Scholer on 4/10/2023) (chmb)
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Filing 64
ORDER: This Order addresses Plaintiff Axis Surplus Insurance Company's #54 Motion for Continuance and the #63 Joint Notice of Agreement to Continuance ("Notice"). For the reasons set forth in the Motion and the Notice, the Court GRANTS the Motion. Accordingly, this case is removed from the Court's 5/15/2023, trial docket, and any related pretrial deadlines are cancelled. The parties are ordered to submit a proposed amended scheduling order by no later than 4/24/2023. (Ordered by Judge Karen Gren Scholer on 4/10/2023) (twd)
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| Filing 63 NOTICE of Agreement to Continuance re: #57 MOTION to Compel , #54 MOTION to Continue filed by Axis Surplus Insurance Company (Wilkin, Bruce) |
| Filing 62 RESPONSE filed by Holt Lunsford Commercial Inc, WF Tower-Dallas LLC re: #57 MOTION to Compel (Attachments: #1 Exhibit(s) A) (Ayers, Jonathan) |
| Filing 61 NOTICE of Failure to Settle at Mediation filed by Axis Surplus Insurance Company (Wilkin, Bruce) |
| Filing 60 REPLY filed by Axis Surplus Insurance Company re: #54 MOTION to Continue (Wilkin, Bruce) |
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Filing 59
ELECTRONIC ORDER: The Court RESETS the April 12, 2023, hearing on #57 Plaintiff Axis Surplus Insurance Company's Motion to Compel to April 13, 2023, at 3:30 p.m. (Ordered by Judge Karen Gren Scholer on 3/29/2023) (chmb)
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Filing 58
ELECTRONIC ORDER: The Court sets #57 Plaintiff Axis Surplus Insurance Company's Motion to Compel on an expedited briefing schedule. Defendants shall respond to the Motion on or before April 5, 2023. Any reply from Plaintiff, if necessary, shall be filed by April 10, 2023. The Court further sets the Motion for an in-person hearing on Wednesday, April 12, 2023, at 2:00 p.m. (Ordered by Judge Karen Gren Scholer on 3/29/2023) (chmb)
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| Filing 57 MOTION to Compel filed by Axis Surplus Insurance Company (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Proposed Order) (Wilkin, Bruce) |
| Filing 56 RESPONSE filed by Holt Lunsford Commercial Inc, WF Tower-Dallas LLC re: #54 MOTION to Continue (Attachments: #1 Proposed Order Proposed Order) (Ayers, Jonathan) |
| Filing 55 CERTIFICATE OF SERVICE by WF Tower-Dallas LLC (Ayers, Jonathan) |
| Filing 54 MOTION to Continue filed by Axis Surplus Insurance Company (Attachments: #1 Proposed Order) (Wilkin, Bruce) |
| Filing 53 REPLY filed by Holt Lunsford Commercial Inc, WF Tower-Dallas LLC re: #43 MOTION for Summary Judgment (Ayers, Jonathan) |
| Filing 52 REPLY filed by Axis Surplus Insurance Company re: #48 Response/Objection (Wilkin, Bruce) |
| Filing 51 Appendix in Support filed by Axis Surplus Insurance Company re #50 Response/Objection to Defendant/Counter-Plaintiff's Motion for Summary Judgment (Wilkin, Bruce) |
| Filing 50 RESPONSE filed by Axis Surplus Insurance Company re: #43 MOTION for Summary Judgment (Attachments: #1 Proposed Amendment) (Wilkin, Bruce) |
| Filing 49 Appendix in Support filed by Holt Lunsford Commercial Inc, WF Tower-Dallas LLC re #48 Response/Objection (Ayers, Jonathan) |
| Filing 48 RESPONSE filed by Holt Lunsford Commercial Inc, WF Tower-Dallas LLC re: #41 MOTION for Summary Judgment and Brief in Support (Ayers, Jonathan) |
| Filing 47 First Amended Appendix in Support filed by Axis Surplus Insurance Company re #43 MOTION for Summary Judgment. (sxf) |
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Filing 46
ELECTRONIC ORDER: The Court GRANTS #45 Axis Surplus Insurance Company's Unopposed Motion for Leave to File Amended Appendix. The Clerk is instructed to receive and file the First Amended Appendix in Support of Axis Surplus Insurance Company's Motion for Summary Judgment and Brief in Support in the form as received with the Motion. See ECF No. 45-1. (Ordered by Judge Karen Gren Scholer on 1/30/2023) (chmb)
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| Filing 45 Unopposed MOTION for Leave to File Amended Appendix filed by Axis Surplus Insurance Company (Attachments: #1 Proposed Amendment Amended Appendix, #2 Proposed Order) (Wilkin, Bruce) |
| Filing 44 Magistrate Judge David L. Horan assigned to this case pursuant to Special Order 3-346 for matters that may be referred. (twd) |
| Filing 43 MOTION for Summary Judgment filed by Holt Lunsford Commercial Inc, WF Tower-Dallas LLC (Attachments: #1 Brief in Support of Motion for Summary Judgment, #2 Exhibit(s)) (Ayers, Jonathan) |
| Filing 42 Appendix in Support filed by Axis Surplus Insurance Company re #41 MOTION for Summary Judgment and Brief in Support (Wilkin, Bruce) |
| Filing 41 MOTION for Summary Judgment and Brief in Support filed by Axis Surplus Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Wilkin, Bruce) |
| Filing 40 AMENDED ANSWER to #38 Counterclaim filed by Axis Surplus Insurance Company (Attachments: #1 Exhibit(s) A) (Wilkin, Bruce) |
| Filing 39 CERTIFICATE OF SERVICE by Holt Lunsford Commercial Inc, WF Tower-Dallas LLC (Ayers, Jonathan) |
| Filing 38 FIRST AMENDED COUNTERCLAIM against Axis Surplus Insurance Company filed by Holt Lunsford Commercial Inc, WF Tower-Dallas LLC. (axm) |
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Filing 37
ORDER granting #32 Motion for Leave to File First Amended Complaint. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Karen Gren Scholer on 12/7/2022) (axm) Modified filed date on 12/7/2022 (axm).
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| Filing 36 REPLY filed by Holt Lunsford Commercial Inc, WF Tower-Dallas LLC re: #32 MOTION for Leave to File First Amended Counter-Claim (Ayers, Jonathan) |
| Filing 35 RESPONSE filed by Axis Surplus Insurance Company re: #32 MOTION for Leave to File First Amended Counter-Claim with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A - Notice of Substitute Trustee's Sale, #2 Exhibit(s) B Defendant's Supplemental Verified Response to Application for Receivership, #3 Exhibit(s) C Lender's Verified Original Receivership Petition, #4 Exhibit(s) D Chart Re Upper Floor Expenses DEF-0520, #5 Exhibit(s) E February Letter from Andrews Myers, #6 Exhibit(s) F TFC Email Regarding Upgrades (TFC 24-26), #7 Exhibit(s) G Nelson April 3, 2020 Report, #8 Exhibit(s) H AXIS Policy, #9 Exhibit(s) I Property Loss Notice, #10 Exhibit(s) J Claim Decision Letter, #11 Exhibit(s) K JQ Engineering Report, #12 Exhibit(s) L RLG Report, #13 Exhibit(s) M Witherspoon Report, #14 Exhibit(s) N Bradford Case Study, #15 Proposed Order) (Wilkin, Bruce) Modified text on 11/14/2022 (sxf). |
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Filing 34
ELECTRONIC ORDER: The Court sets #32 Defendant' Motion for Leave to File First Amended Counterclaim on an expedited briefing schedule. Plaintiff shall respond to the Motion for Leave on or before November 11, 2022. Any reply from Defendant, if necessary, shall be filed by November 14, 2022. (Ordered by Judge Karen Gren Scholer on 11/4/2022) (chmb)
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| Filing 33 Brief/Memorandum in Support filed by Holt Lunsford Commercial Inc, WF Tower-Dallas LLC re #32 MOTION for Leave to File First Amended Counter-Claim (Ayers, Jonathan) |
| Filing 32 MOTION for Leave to File First Amended Counter-Claim filed by Holt Lunsford Commercial Inc, WF Tower-Dallas LLC (Attachments: #1 Exhibit(s) A, #2 Proposed Order) (Ayers, Jonathan) |
| Filing 31 NOTICE of Intention to Serve Subpoena for Documents to Nonparty Bradford Companies filed by Axis Surplus Insurance Company (Wilkin, Bruce) |
| Filing 30 NOTICE of Intention to Take Oral Deposition of Non-Party Amanda Brainard filed by Axis Surplus Insurance Company (Wilkin, Bruce) |
| Filing 29 Designation of Experts by Holt Lunsford Commercial Inc, WF Tower-Dallas LLC. (Ayers, Jonathan) |
| Filing 28 Designation of Experts by Axis Surplus Insurance Company. (Wilkin, Bruce) |
| Filing 27 NOTICE of Service of Written Discovery filed by Holt Lunsford Commercial Inc, WF Tower-Dallas LLC (Ayers, Jonathan) |
| Filing 26 NOTICE of Intention to Serve Subpoena for Documents to Nonparty Nortex GC, Inc. filed by Axis Surplus Insurance Company (Wilkin, Bruce) |
| Filing 25 NOTICE of Intention to Serve Subpoena for Documents to Nonparty HD Foundations, Inc. filed by Axis Surplus Insurance Company (Wilkin, Bruce) |
| Filing 24 NOTICE of Intention to Serve Subpoena for Documents to Nonparty Nortex Corporation filed by Axis Surplus Insurance Company (Wilkin, Bruce) |
| Filing 23 NOTICE of Intention to Serve Subpoena for Documents to Nonparty My Adjuster, LLC filed by Axis Surplus Insurance Company (Wilkin, Bruce) |
| Filing 22 NOTICE of Intention to Serve Subpoena for Documents to Nonparty ECS Southwest, LLP filed by Axis Surplus Insurance Company (Wilkin, Bruce) |
| Filing 21 NOTICE of Intention to Serve Subpoena for Documents to Nonparty RLG Consulting Engineers filed by Axis Surplus Insurance Company (Wilkin, Bruce) |
| Filing 20 NOTICE of Intention to Serve Subpoena for Documents to Nonparty Terracon Consultants, Inc. filed by Axis Surplus Insurance Company (Wilkin, Bruce) |
| Filing 19 NOTICE of Intention to Serve Subpoena for Documents to Nonparty JT Construction filed by Axis Surplus Insurance Company (Wilkin, Bruce) |
| Filing 18 NOTICE of Intention to Serve Subpoena for Documents to Nonparty Oxford Associates, Inc. filed by Axis Surplus Insurance Company (Wilkin, Bruce) |
| Filing 17 NOTICE of Intention to Serve Subpoena for Documents to Nonparty Abstract Construction Company filed by Axis Surplus Insurance Company (Wilkin, Bruce) |
| Filing 16 CERTIFICATE OF SERVICE by Holt Lunsford Commercial Inc, WF Tower-Dallas LLC (Ayers, Jonathan) |
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Filing 15
SCHEDULING ORDER: Jury Trial set for three-week docket beginning 5/15/2023 before Judge Karen Gren Scholer. The parties shall mediate this case before Hon. Royal Furgeson (the "Mediator") at least 90 days before the Trial Setting. Joinder of Parties due by 2/10/2022. Amended Pleadings due by 5/17/2022. Discovery due by 12/15/2022. Motions due by 1/12/2023. Pretrial Conference set for 5/4/2023 01:30 PM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 7/21/2021) (ygl)
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Filing 14
MEDIATION ORDER. The court appoints William Royal Furgeson as mediator. The parties are to complete mediation within 90 days. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. (Ordered by Judge Karen Gren Scholer on 7/21/2021) (ygl)
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| Filing 13 Proposal for contents of scheduling and discovery order by Axis Surplus Insurance Company. (Wilkin, Bruce) |
| Filing 12 ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Scheduling Conference held on 7/7/2021. Attorney Appearances: Plaintiff - Bruce Wilkin; Defense - Jonathan Ayers. (Court Reporter: Tutti Bui) (No exhibits) Time in Court - :07. (TUB) |
| Filing 11 Joint Submission on Discovery Matters / Case Management Plan by Axis Surplus Insurance Company. (Wilkin, Bruce) |
| Filing 10 Proposal for contents of scheduling and discovery order by Axis Surplus Insurance Company. (Wilkin, Bruce) |
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Filing 9
ELECTRONIC ORDER: The Court RESETS the July 1, 2021 Initial Hearing to July 7, 2021, at 1:30 p.m. CST. This hearing will be conducted in person. (Ordered by Judge Karen Gren Scholer on 6/25/2021) (chmb)
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Filing 8
ORDER SETTING INITIAL HEARING: FRCP 16 Scheduling Conference set for 7/1/2021 03:00 PM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 6/24/2021) (oyh)
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| Filing 7 ANSWER to Counterclaim filed by Axis Surplus Insurance Company. Related document: #5 Answer to Counterclaim. (Wilkin, Bruce) Modified text on 6/23/2021 (mjr). |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Holt Lunsford Commercial Inc, WF Tower-Dallas LLC. (Ayers, Jonathan) |
| Filing 5 ANSWER to #1 Complaint with Jury Demand filed by Holt Lunsford Commercial Inc, WF Tower-Dallas LLC. 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., COUNTERCLAIM against Axis Surplus Insurance Company filed by Holt Lunsford Commercial Inc, WF Tower-Dallas LLCAttorney Jonathan Parkey Ayers added to party Holt Lunsford Commercial Inc(pty:dft), Attorney Jonathan Parkey Ayers added to party WF Tower-Dallas LLC(pty:dft) (Ayers, Jonathan) |
| Filing 4 Summons Issued as to Holt Lunsford Commercial Inc, WF Tower-Dallas LLC. (ndt) |
| Filing 3 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Axis Surplus Insurance Company. (Wilkin, Bruce) |
| Filing 1 COMPLAINT against All Defendants filed by Axis Surplus Insurance Company. (Filing fee $402; Receipt number 0539-11822400) Clerk to issue summons(es). 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, 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 Cover Sheet) (Wilkin, Bruce) |
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