Wattiker v. American Auto Haulers INC et al
| Geoffrey William Wattiker |
| American Auto Haulers Inc, Ahmad Noureddine, Progressive Insurance Company, Progressive Commercial Casualty Company and United Financial Casualty Co |
| 3:2022cv00324 |
| February 9, 2022 |
| US District Court for the Northern District of Texas |
| David C Godbey |
| Rebecca Rutherford |
| Other Statutes: Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Both |
Docket Report
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This docket was last retrieved on June 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 55 Joint STIPULATION OF DISMISSAL by Progressive Commercial Casualty Company, Progressive Insurance Company. (Walters, Randall) |
| Civil Case Terminated per #55 Stipulation of Dismissal. (axm) |
Filing 54
ELECTRONIC ORDER: The Court has been advised that the parties have settled this lawsuit. See Notice of Settlement (ECF No. #53 ). Accordingly, the Court directs the parties to file a stipulation of dismissal, approved and signed by all counsel of record, by June 30, 2023. See Fed. R. Civ. P. 41(a)(1)(A)(ii) (authorizing dismissal of civil action by filing a stipulation of dismissal signed by all parties who have appeared in the action). This case will be subject to dismissal without further notice, on terms set by the Court, if the parties fail to file a stipulation of dismissal by the specified deadline. In view of this settlement, the Court DENIES as moot all pending #30 #33 #41 #47 #49 #51 motions and VACATES all unexpired deadlines established by #29 the Pretrial Scheduling Order. (Ordered by Magistrate Judge Rebecca Rutherford on 6/1/2023) (chmb)
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| Filing 53 NOTICE of Settlement filed by American Auto Haulers Inc, Ahmad Noureddine, Progressive Commercial Casualty Company, Progressive Insurance Company, United Financial Casualty Co (Walters, Randall) |
| Filing 52 Brief/Memorandum in Support filed by American Auto Haulers Inc re #51 First MOTION to Strike Plaintiff's Expert (Walters, Randall) |
| Filing 51 First MOTION to Strike Plaintiff's Expert filed by American Auto Haulers Inc with Brief/Memorandum in Support. (Walters, Randall) |
| Filing 50 Brief/Memorandum in Support filed by American Auto Haulers Inc re #49 First MOTION to Dismiss (Walters, Randall) |
| Filing 49 First MOTION to Dismiss filed by American Auto Haulers Inc with Brief/Memorandum in Support. (Walters, Randall) |
| Filing 48 Brief/Memorandum in Support filed by Geoffrey William Wattiker re #47 MOTION for Summary Judgment Wattiker v. American Auto, et al (Attachments: #1 Exhibit(s) Appendix, summary judgment brief) (Wattiker, Geoffrey) |
| Filing 47 MOTION for Summary Judgment Wattiker v. American Auto, et al filed by Geoffrey William Wattiker with Brief/Memorandum in Support. (Wattiker, Geoffrey) |
| Filing 46 Appendix in Support filed by American Auto Haulers Inc re #34 Brief/Memorandum in Support of Motion (Walters, Randall) |
| Filing 45 Brief/Memorandum in Support filed by American Auto Haulers Inc re #44 Response/Objection to Plaintiff's Motion to Strike and Remove Certain Filings from Record (Walters, Randall) |
| Filing 44 RESPONSE filed by American Auto Haulers Inc re: #41 MOTION to Strike #40 Brief/Memorandum in Support of Motion, #39 Brief/Memorandum in Support of Motion (Walters, Randall) |
| Filing 43 Appendix in Support filed by Geoffrey William Wattiker re #42 Brief/Memorandum in Support of Motion (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s)) (Wattiker, Geoffrey) |
| Filing 42 Brief/Memorandum in Support filed by Geoffrey William Wattiker re #41 MOTION to Strike #40 Brief/Memorandum in Support of Motion, #39 Brief/Memorandum in Support of Motion (Wattiker, Geoffrey) |
| Filing 41 MOTION to Strike #40 Brief/Memorandum in Support of Motion, #39 Brief/Memorandum in Support of Motion filed by Geoffrey William Wattiker with Brief/Memorandum in Support. (Wattiker, Geoffrey) |
| Filing 40 Brief/Memorandum in Support filed by American Auto Haulers Inc re #38 Response (Attachments: #1 Exhibit(s)) (Walters, Randall) Modified docket text on 4/3/2023 (oyh). |
| Filing 39 Brief/Memorandum in Support filed by American Auto Haulers Inc re #35 REPLY (Attachments: #1 Exhibit(s)) (Walters, Randall) Modified text and linkage on 4/3/2023 (mlb). |
| Filing 38 RESPONSE filed by Geoffrey William Wattiker re: #33 MOTION for Leave to File Amended Answer to Original Complaint (Wattiker, Geoffrey) |
| Filing 37 Designation of Experts by Geoffrey William Wattiker. (Wattiker, Geoffrey) |
| Filing 36 Brief/Memorandum in Support filed by American Auto Haulers Inc, Ahmad Noureddine re #35 Reply of Reply to Response to Motion for Summary Judgment (Walters, Randall) |
| Filing 35 REPLY filed by American Auto Haulers Inc, Ahmad Noureddine re: #30 MOTION for Summary Judgment (Walters, Randall) |
| Filing 34 Brief/Memorandum in Support filed by American Auto Haulers Inc re #33 MOTION for Leave to File Amended Answer to Original Complaint (Walters, Randall) |
| Filing 33 MOTION for Leave to File Amended Answer to Original Complaint filed by American Auto Haulers Inc (Walters, Randall) |
| Filing 32 RESPONSE filed by Geoffrey William Wattiker re: #30 MOTION for Summary Judgment (Attachments: #1 Exhibit(s)) (Wattiker, Geoffrey) |
| Filing 31 Brief/Memorandum in Support filed by American Auto Haulers Inc, Ahmad Noureddine re #30 MOTION for Summary Judgment. (Walters, Randall) Modified text and filers on 2/13/2023 per attorney request. (sxf) |
| Filing 30 MOTION for Summary Judgment filed by American Auto Haulers Inc, Ahmad Noureddine. (Walters, Randall) Modified text and filers on 2/13/2023 per attorney request (sxf). |
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Filing 29
PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 1/6/2023. Discovery due by 4/28/2023. Joinder of Parties due by 1/6/2023. Deadline for mediation is on or before 5/29/2023. Dispositive Motions due by 5/29/2023. Status Report due by 5/29/2023. (see order) (Ordered by Magistrate Judge Rebecca Rutherford on 11/7/2022) (mcrd)
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| Filing 28 Proposal for contents of scheduling and discovery order by Progressive Insurance Company. (Walters, Randall) |
| Filing 27 Proposal for contents of scheduling and discovery order Wattiker v. American Auto, et al by Geoffrey William Wattiker. (Wattiker, Geoffrey) |
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Filing 26
ORDER: Proposed Scheduling Order due by 10/28/2022. (Ordered by Magistrate Judge Rebecca Rutherford on 10/7/2022) (mla)
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Filing 25
PARTIAL JUDGMENT: The Motion to Dismiss (ECF No. #7 ) filed by Defendants Progressive Insurance Company, Progressive Commercial Casualty Company, and United Financial Casualty Co. is GRANTED. All Plaintiff's claims against Progressive Insurance Company, Progressive Commercial Casualty Company, and United Financial Casualty Co. are dismissed without prejudice for failure to state a claim. (Ordered by Judge David C Godbey on 9/2/2022) (axm)
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Filing 24
ORDER ACCEPTING #22 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge David C Godbey on 9/2/2022) (axm)
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| Filing 23 NOTICE of Change of Address for Pro Se litigant Geoffrey William Wattiker. New address: 6721 Westlake Ave. Dallas TX 75214. (Wattiker, Geoffrey) |
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Filing 22
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The District Court should GRANT the Insurer Defendants' Motion to Dismiss (ECF No. #7 ) and DISMISS without prejudice all Wattiker's claims against Progressive Insurance Company, Progressive Commercial Casualty Company, and United Financial Casualty Co. The Court should also DENY without prejudice Wattiker's Motion for Partial Summary Judgment (ECF No. #17 ) because it is premature. (Ordered by Magistrate Judge Rebecca Rutherford on 8/2/2022) (ygl)
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| Filing 21 REPLY filed by Geoffrey William Wattiker re: #17 MOTION for Partial Summary Judgment (Wattiker, Geoffrey) |
| Filing 20 Brief/Memorandum in Support filed by Progressive Commercial Casualty Company, Progressive Insurance Company, United Financial Casualty Co re #19 Response/Objection (Attachments: #1 Exhibit(s)) (Walters, Randall) |
| Filing 19 RESPONSE filed by Progressive Commercial Casualty Company, Progressive Insurance Company, United Financial Casualty Co re: #17 MOTION for Partial Summary Judgment (Attachments: #1 Proposed Order) (Walters, Randall) |
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Filing 18
ELECTRONIC ORDER: The Court previously ordered Plaintiff to show cause for his failure to submit a timely response to the Motion to Dismiss (ECF No. #7 ). See Ord. (ECF No. #15 ). Plaintiff responded by obtaining ECF access and promptly filing a response to the Motion. Accordingly, the Court finds that Plaintiff has properly shown cause for his failure to submit a timely response. (Ordered by Magistrate Judge Rebecca Rutherford on 5/11/2022) (chmb)
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| Filing 17 MOTION for Partial Summary Judgment filed by Geoffrey William Wattiker with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Declaration(s)) (Wattiker, Geoffrey) |
| Filing 16 RESPONSE AND OBJECTION filed by Geoffrey William Wattiker re: #7 MOTION to Dismiss (Attachments: #1 Exhibit(s)) (Wattiker, Geoffrey) |
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Filing 15
Order: Wattiker is ORDERED to show cause in writing as to why he has failed to file a timely response to Defendants' Motion to Dismiss. Wattiker must file a written response to this Order explaining his failure to timely respond to Defendants' Motion within 10 days of service of this Order. The Court warns Plaintiff that failure to comply with this Order may result in a finding that he has abandoned or waived his claims,or a recommendation to strike his pleadings and dismiss this action for failure to comply with a court order. The Court directs the Clerk to serve this Order on Plaintiff by first-class mail,certified, return receipt requested, at the address appearing on the docket and by email to porscherescue@gmail.com, the email Plaintiff provided when filing this lawsuit. (Ordered by Magistrate Judge Rebecca Rutherford on 4/29/2022) (ykp)
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| Filing 14 SUMMONS Returned Executed as to American Auto Haulers Inc ; served on 4/8/2022. (oyh) |
| Filing 13 SUMMONS Returned Executed as to Ahmad Noureddine ; served on 4/8/2022. (oyh) |
| Filing 12 SUMMONS Returned Executed as to Ahmad Noureddine ; served on 4/7/2022. (oyh) |
| Filing 11 SUMMONS Returned Executed as to American Auto Haulers Inc ; served on 4/7/2022. (oyh) |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by American Auto Haulers Inc. (Walters, Randall) |
| Filing 9 ANSWER to Complaint filed by Progressive Insurance Company, Progressive Commercial Casualty Company, and United Financial Casualty Co. 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. (Walters, Randall) Modified on 2/23/2022 (svc). |
| Filing 8 Brief/Memorandum in Support filed by Progressive Commercial Casualty Company, United Financial Casualty Co re #7 MOTION to Dismiss (Walters, Randall) Modified on 2/23/2022 (svc). |
| Filing 7 MOTION to Dismiss filed by Progressive Commercial Casualty Company, United Financial Casualty Co. Attorney Randall G Walters added to party Progressive Commercial Casualty Company(pty:dft) (Walters, Randall) Modified text on 2/23/2022 (svc). |
| Filing 6 ANSWER to #3 Complaint,, with Jury Demand filed by American Auto Haulers Inc. 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. Attorney Randall G Walters added to party American Auto Haulers Inc(pty:dft) (Walters, Randall) |
| Filing 5 Summons Issued as to American Auto Haulers Inc, Ahmad Noureddine, Progressive Commercial Casualty Company, Progressive Insurance Company, United Financial Casualty Co. (mms) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Geoffrey William Wattiker. (mms) |
| Filing 3 COMPLAINT WITH JURY DEMAND against American Auto Haulers Inc, Ahmad Noureddine, Progressive Commercial Casualty Company, Progressive Insurance Company, United Financial Casualty Co filed by Geoffrey William Wattiker. (Filing fee $402; Receipt number DS136436) 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. (mms) |
| Filing 2 Notice and Instruction to Pro Se Party. (mms) |
| Filing 1 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Rutherford (see Special Order 3). Case received over counter or electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (mms) |
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