Koncak v. American Security Insurance Company
Plaintiff: J. David Koncak
Defendant: American Security Insurance Company
Case Number: 3:2022cv01160
Filed: May 27, 2022
Court: US District Court for the Northern District of Texas
Presiding Judge: A Joe Fish
Nature of Suit: Contract: Insurance
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Insurance Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 25, 2022 Opinion or Order Filing 13 REPLY filed by American Security Insurance Company re: #9 MOTION To Preclude Plaintiff's Recovery of Attorneys' Fees (Aiken, Bradley)
July 18, 2022 Opinion or Order Filing 12 SCHEDULING ORDER: Jury Trial set for four-week docket beginning 9/5/2023 before Senior Judge A. Joe Fish. Joinder of Parties due by 9/27/2022. Amended Pleadings due by 9/27/2022. Motions due by 4/3/2023. Discovery due by 5/1/2023. Pretrial Order due by 8/25/2023. Pretrial Materials due by 8/25/2023. Pretrial Conference set for 9/1/2023 10:30 AM before Senior Judge A. Joe Fish. (Ordered by Senior Judge A. Joe Fish on 7/18/2022) (oyh)
July 11, 2022 Opinion or Order Filing 11 RESPONSE filed by J. David Koncak re: #9 MOTION To Preclude Plaintiff's Recovery of Attorneys' Fees (Ayers, Jonathan)
July 8, 2022 Opinion or Order Filing 10 Joint STATUS REPORT pursuant to Court's Order filed by J. David Koncak. (Ayers, Jonathan)
June 22, 2022 Opinion or Order Filing 9 MOTION To Preclude Plaintiff's Recovery of Attorneys' Fees filed by American Security Insurance Company (Attachments: #1 Exhibit(s), #2 Proposed Order) (Aiken, Bradley)
June 17, 2022 Opinion or Order Filing 8 STATUS REPORT ORDER: Status Report due by 7/8/2022. (Ordered by Senior Judge A. Joe Fish on 6/17/2022) (mjr)
June 17, 2022 Opinion or Order Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by J. David Koncak. (Clerk QC note: No affiliate entered in ECF). (Ayers, Jonathan)
May 31, 2022 Opinion or Order Filing 6 AMENDED COMPLAINT (NOTICE OF REMOVAL) by American Security Insurance Company. #5 Order,. . (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Cover Sheet, #10 Cover Sheet Supplement) (Aiken, Bradley) Modified on 6/1/2022 (ygl). (Attachments 9 & 10 replaced/flattened PDF on 6/1/2022) (ygl).
May 27, 2022 Opinion or Order Filing 5 ORDER: Within ten days of this date, American Security shall file and serve an amended notice of removal alleging the citizenship of Koncak. Failure to timely file and serve such an amended notice of removal will result in remand to the 14th Judicial District Court of Dallas County, Texas, without further notice. (Ordered by Senior Judge A. Joe Fish on 5/27/2022) (ygl)
May 27, 2022 Opinion or Order Filing 4 ELECTRONIC ORDER: On May 27, 2022, the defendant removed this civil action to this court. Local Rule 81.2 provides that "[w]ithin 21 days after the notice of removal is filed, the plaintiff shall file a separately signed certificate of interested persons that complies with LR 3.1(c) or 3.2(e). If the plaintiff concurs in the accuracy of another party's previously-filed certificate, the plaintiff may adopt that certificate." LR 3.1(c) and 3.2(e) in turn require that when a complaint is filed, the plaintiff must provide the clerk with "a separately signed certificate of interested personsin a form approved by the clerkthat containsin addition to the information required by Fed. R. Civ. P. 7.1(a)a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary." Accordingly, no later than June 17, 2022, the plaintiff must comply with Rule 3.1(c) or 3.2(e) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 5/27/2022) (chmb)
May 27, 2022 Opinion or Order 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (jmg)
May 27, 2022 Opinion or Order Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by American Security Insurance Company. (Clerk QC note: Affiliate entry indicated). (Aiken, Bradley)
May 27, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by American Security Insurance Company. (Filing fee $402; receipt number 0539-12853825) 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) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Cover Sheet, #9 Cover Sheet Supplement) (Aiken, Bradley)

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Plaintiff: J. David Koncak
Represented By: Jonathan Parkey Ayers
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Defendant: American Security Insurance Company
Represented By: Bradley J Aiken
Represented By: Amy B Boyea
Represented By: Steven M Correa
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