McGinnis v. Nationwide Life and Annuity Insurance Co et al
| Lew S McGinnis |
| Nationwide Life and Annuity Insurance Co, James A Mueller, Agency Services of Arkansas Inc and Agency Services of Arkansas Inc doing business as The ASA Group |
| 3:2021cv01988 |
| August 24, 2021 |
| US District Court for the Northern District of Texas |
| Ada Brown |
| Contract: Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 29, 2023. A more recent docket listing may be available from PACER.
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Filing 29
ELECTRONIC ORDER granting #28 Motion to Substitute Counsel. The Court permits Dana Minissale to withdraw as counsel for Defendant James A. Mueller. Michael Gerstle and Matthew Rindt of Gerstle Snelson, LLP are substituted as counsel for Defendant Mueller, with Mr. Gerstle designated as lead counsel. (Ordered by Judge Ada Brown on 10/22/2021) (chmb)
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Filing 28
MOTION to Substitute Attorney, added attorney Michael B Gerstle,Michael B Gerstle for James A Mueller. Motion filed by James A Mueller (Attachments: #1 Proposed Order)Attorney Michael B Gerstle added to party James A Mueller(pty:dft) (Gerstle, Michael)
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Filing 27
Amended MOTION to Allow Late Filed Pleading and Request for Leave to File Amended Pleading filed by Lew S McGinnis with Brief/Memorandum in Support. (Lindauer, Joyce) Modified text and event on 10/21/2021 (mjr).
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Filing 26
ELECTRONIC ORDER denying #25 Plaintiff's Motion to Allow Late Filed Pleading for failure to include a certificate of conference. The motion is denied without prejudice to refiling a motion that complies with Local Rule 7.1. (Ordered by Judge Ada Brown on 10/20/2021) (chmb)
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Filing 25
MOTION to Allow Late Filed Pleading and Request for Leave to File Amended Pleading filed by Lew S McGinnis with Brief/Memorandum in Support. (Lindauer, Joyce) Modified text on 10/20/2021 (mjr).
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Filing 24
MOTION to Recognize the Timeliness of Plaintiff's Response in Opposition to Nationwide's Amended Notice of Removal filed by Lew S McGinnis with Brief/Memorandum in Support. (Lindauer, Joyce) Modified text on 10/20/2021 (mjr).
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Filing 23
REPLY filed by Nationwide Life and Annuity Insurance Co re: #10 MOTION to Dismiss Complaint (Kramer, Peter)
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Filing 22
RESPONSE filed by Lew S McGinnis re: #20 Amended Notice of Removal (Lindauer, Joyce) Modified yext on 10/14/2021 (ykp).
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Filing 21
RESPONSE filed by Nationwide Life and Annuity Insurance Co re: #15 MOTION to Remand (Attachments: #1 Proposed Order) (Kramer, Peter)
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Filing 20
AMENDED NOTICE OF REMOVAL by Nationwide Life and Annuity Insurance Co. (Attachments: #1 Exhibit(s) 1 - Index of Matters Being Filed, #2 Exhibit(s) 2 - Copies of documents in State Court Action, #3 Exhibit(s) 3 - Consent to Removal by Non-Removing Defendants, #4 Exhibit(s) 4 - Certificate of Interested Parties, #5 Exhibit(s) 5 - Cover Sheet, #6 Exhibit(s) 6 - ND Supplemental Cover Sheet, #7 Exhibit(s) 7 - Declaration of Mark A. Trigg, #8 Exhibit(s) 8 - Declaration of Luke Ramsey, #9 Exhibit(s) 9 - Declaration of James A. Mueller) (Kramer, Peter) Modified text on 10/12/2021 (jmg).
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Filing 19
Response in Oppostion filed by Lew S McGinnis re: #10 MOTION to Dismiss Complaint (Lindauer, Joyce) Modified docket text on 10/1/2021 (chmb).
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Filing 18
Response in Opposition filed by Lew S McGinnis re: #13 MOTION to Dismiss Complaint (Lindauer, Joyce) Modified docket text on 10/1/2021 (chmb).
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Filing 17
Response in Opposition filed by Lew S McGinnis re: #12 MOTION to Dismiss (Lindauer, Joyce) Modified docket text on 10/1/2021 (chmb).
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Filing 16
Appendix in Support filed by Lew S McGinnis re #15 MOTION to Remand (Lindauer, Joyce)
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Filing 15
MOTION to Remand filed by Lew S McGinnis with Brief/Memorandum in Support. (Lindauer, Joyce)
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Filing 14
ORDER: No later than 21 days from the date of this order, Nationwide must file an amended notice of removal that alleges diversity of citizenship in conformity with 28 U.S.C. 1332; otherwise, this action will be remanded to state court. (Ordered by Judge Ada Brown on 9/20/2021) (ygl)
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Filing 13
MOTION to Dismiss Complaint filed by Agency Services of Arkansas Inc (Attachments: #1 Proposed Order)Attorney Martin S Schexnayder added to party Agency Services of Arkansas Inc(pty:dft) (Schexnayder, Martin)
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Filing 12
MOTION to Dismiss filed by James A Mueller (Attachments: #1 Exhibit(s), #2 Proposed Order)Attorney Dana Minissale added to party James A Mueller(pty:dft) (Minissale, Dana)
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Filing 11
Appendix in Support filed by Nationwide Life and Annuity Insurance Co re #10 MOTION to Dismiss Complaint (Kramer, Peter)
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Filing 10
MOTION to Dismiss Complaint filed by Nationwide Life and Annuity Insurance Co with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kramer, Peter)
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Filing 9
ELECTRONIC ORDER granting #7 Application for Admission Pro Hac Vice of Eleanor Hagan. 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 Ada Brown on 8/30/2021) (chmb)
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Filing 8
ELECTRONIC ORDER granting #6 Application for Admission Pro Hac Vice of Peter M. Kramer. 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 Ada Brown on 8/30/2021) (chmb)
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Filing 7
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12174980) filed by Nationwide Life and Annuity Insurance Co (Attachments: #1 Proposed Order)Attorney Eleanor Marie Carney Hagan added to party Nationwide Life and Annuity Insurance Co(pty:dft) (Hagan, Eleanor)
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Filing 6
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12174932) filed by Nationwide Life and Annuity Insurance Co with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Peter M Kramer added to party Nationwide Life and Annuity Insurance Co(pty:dft) (Kramer, Peter)
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Filing 5
MOTION to Stay Case Pending Outcome of Appeal in a Related Matter, MOTION to Extend Time to Respond to Complaint() filed by Nationwide Life and Annuity Insurance Co with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order, #3 Proposed Order) (Mureen, Jonathan) Modified event on 8/27/2021 (ygl).
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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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (ykp)
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Filing 3
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Nationwide Life and Annuity Insurance Co identifying Corporate Parent/Other Affiliate Nationwide Life Insurance Company for Nationwide Life and Annuity Insurance Co. (Mureen, Jonathan)
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Filing 2
NOTICE of Related Case No. 3:20-cv-03138 filed by Nationwide Life and Annuity Insurance Co (Mureen, Jonathan)
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Filing 1
NOTICE OF REMOVAL filed by Nationwide Life and Annuity Insurance Co. (Filing fee $402; receipt number 0539-12163674) 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) 1 - Index of Matters Being Filed, #2 Exhibit(s) 2 - Copies of documents in State Court Action, #3 Exhibit(s) 3 - Consent to Removal by Non-Removing Defendants, #4 Exhibit(s) 4 - Certificate of Interested Parties, #5 Cover Sheet, #6 Supplemental Cover Sheet (s)) (Mureen, Jonathan) Modified #1 - 6 per attorney on 8/24/2021 (jmg).
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