Ladymon v. State Farm Lloyds
| Susan Ladymon |
| State Farm Lloyds |
| 3:2023cv00474 |
| March 2, 2023 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Contract: Insurance |
| 28 U.S.C. § 1446 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 19, 2023. A more recent docket listing may be available from PACER.
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Filing 31
ELECTRONIC ORDER - Before the Court are Defendant State Farm Lloyds' Opposed Motion for Extension of Parties' Deadline to Complete Mediation (the "Motion") and Plaintiffs' Response to Defendant's Opposed Motion for Extension of the Parties Deadline to Complete Mediation (the "Response"). Having carefully considered the Motion, the Response, the associated briefs and appendices, and the relevant law, the Court DENIES the Motion. Despite the mediation deadline of May 22, 2023, it appears that mediation has not yet been scheduled. The Court expects the parties to meet the deadlines set out in the Scheduling Order; deadline extensions must be timely made by formal motion. The Court ORDERS the parties to mediate by June 23, 2023. The parties shall file a Mediation Report describing the status of settlement negotiations no later than seven (7) days following mediation. The parties' obligation to file a Mediation Report is separate from any reporting requirements of the mediator. (Ordered by Judge Ed Kinkeade on 5/19/2023) (chmb)
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| Filing 30 RESPONSE filed by Susan Ladymon re: #28 MOTION to Continue Mediation Deadline (Attachments: #1 Proposed Order) (Milensky, Joseph) |
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Filing 29
ELECTRONIC ORDER: Before the Court is Defendant State Farm Lloyds' Opposed Motion for Extension of Parties' Deadline to Complete Mediation (the "Motion"). Doc. No. 31. The Court ORDERS Plaintiffs to file their responses to the Motions by 12:00 PM CDT on Friday, May 19, 2023. (Ordered by Judge Ed Kinkeade on 5/17/2023) (chmb)
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| Filing 28 MOTION to Continue Mediation Deadline filed by State Farm Lloyds. (Egeland, Susan) Modified text on 5/16/2023 (sxf). |
| Filing 27 Amended ANSWER to Complaint (Notice of Removal) filed by State Farm Lloyds. (sxf) |
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Filing 26
ELECTRONIC ORDER - Before the Court is Defendant State Farm Lloyds' Motion for Leave to File Amended Answer to Plaintiffs' Original Petition (the "Motion"). The Court GRANTS the Motion. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ed Kinkeade on 4/28/2023) (chmb)
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| Filing 25 Unopposed MOTION for Leave to File Amended Answer to Plaintiff's Original Petition filed by State Farm Lloyds (Attachments: #1 Exhibit(s) A - Amended Answer) (Egeland, Susan) |
| Filing 24 NOTICE of Service of Plaintiffs' Designation of Expert Witnesses filed by Susan Ladymon (Wilson, Chad) Modified text on 4/17/2023 (sxf). |
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Filing 23
ORDER granting #11 Motion to Sever. The Clerk is DIRECTED to SEVER Plaintiffs (1) Roger and Nandi Kitzmiller, (2) Susan Ladymon, (3) David and Ana Link, and (4) Danny Robert, and open four new civil actions, one for each severed Plaintiff. These new civil actions shall be opened without the additional payment of a civil filing fee, and directly assigned to U.S. District Judge Ed Kinkeade and preliminarily assigned to U.S. Magistrate Judge David Horan. Maria Gonzalez shall remain as pending Plaintiff in this action. The #14 Scheduling Order entered in this case, stands in the new civil actions. (Civil cases 3:23-cv-00473-K (Roger and Nandi Kitzmiller), 3:23-cv-00474-K (Susan Ladymon), 3:23-cv-00475-K (David and Ana Link), 3:23-cv-00476-K (Danny Robert) opened) (Ordered by Judge Ed Kinkeade on 3/2/2023) (sxf)
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| Filing 22 Joint STATUS REPORT Regarding Designation of Mediator filed by State Farm Lloyds. (Egeland, Susan) |
| Filing 21 Appendix in Support filed by State Farm Lloyds re #20 Reply (Egeland, Susan) |
| Filing 20 REPLY filed by State Farm Lloyds re: #11 MOTION to Sever Each Plaintiff's Claim into seperate trials (Egeland, Susan) |
| Filing 19 NOTICE of PLAINTIFFS RULE 26(A)(1) INITIAL DISCLOSURES filed by Alicia Duarte, Gabriel Escobar, Maria Gonzales, Nandi Kitzmiller, Roger Kitzmiller, Susan Ladymon, Ana Link, David Link, Dylan Nobles, Marion Nobles, Martin Ramirez, Danny Roberts, Juan Carlos Villanueva (Milensky, Joseph) |
| Filing 18 Supplemental Document by State Farm Lloyds as to #15 Order,,,,, . (Attachments: #1 Exhibit(s) C, #2 Exhibit(s) H-1, #3 Exhibit(s) H-2, #4 Exhibit(s) I-1, #5 Exhibit(s) I-2, #6 Exhibit(s) J-1, #7 Exhibit(s) J-2, #8 Exhibit(s) K-1, #9 Exhibit(s) K-2, #10 Exhibit(s) L-1, #11 Exhibit(s) L-2, #12 Exhibit(s) M-1, #13 Exhibit(s) M-2, #14 Exhibit(s) N, #15 Exhibit(s) O-1, #16 Exhibit(s) O-2, #17 Exhibit(s) P-1, #18 Exhibit(s) P-2, #19 Exhibit(s) Q-1, #20 Exhibit(s) Q-2, #21 Exhibit(s) Q-3, #22 Exhibit(s) R-1, #23 Exhibit(s) R-2) (Egeland, Susan) |
| Filing 17 RESPONSE filed by Susan Ladymon re: #11 MOTION to Sever Each Plaintiff's Claim into seperate trials (Milensky, Joseph) |
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Filing 15
ORDER: Federal courts are vested with subject-matter jurisdiction over all civil actions "arising under the Constitution, laws, or treaties of the United States," or where the case in controversy exceeds $75,000 and is between citizens of different states, or between citizens of a state and citizens or subjects of a foreign state. 28 U.S.C. 1331, 1332(a)(1)-(2). By February 3, 2023, Defendant is ORDERED to supplement its Notice of Removal with evidence establishing that the claims of each Plaintiff exceed the requisite amount for diversity jurisdiction. Because the "jurisdictional facts that support removal must be judged at the time of the removal," Gebbia v. Wal-Mart Stores, Inc., 233 F.3d 880, 883 (5th Cir. 2000), Defendant must provide said evidence for all Plaintiffs existing at the time of removal. Failure to timely comply with this Order will result in the remand of this case without further notice. See 28 U.S.C. 1447(c); see also Gasch v. Hartford Acc. & Indem. Co., 491 F.3d 278, 281 (5th Cir. 2007) ("The removal statute is therefore to be strictly construed, and any doubt about the propriety of removal must be resolved in favor of remand."). (Ordered by Judge Ed Kinkeade on 1/23/2023) (chmb)
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Filing 14
SCHEDULING ORDER: Jury Trial set for 3/4/2024 09:00 AM before Judge Ed Kinkeade.Deadline for mediation is on or before 5/22/2023. Joinder of Parties due by 4/28/2023. Amended Pleadings due by 4/28/2023. Discovery due by 8/18/2023. Motions due by 9/22/2023. Pretrial Order due by 2/12/2024. Pretrial Materials due by 2/12/2024. (Ordered by Judge Ed Kinkeade on 1/20/2023) (chmb)
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| Filing 13 Joint STATUS REPORT Joint Scheduling Proposal filed by State Farm Lloyds. (Egeland, Susan) |
| Filing 12 Brief/Memorandum in Support filed by State Farm Lloyds re #11 MOTION to Sever Each Plaintiff's Claim into seperate trials (Egeland, Susan) |
| Filing 11 MOTION to Sever Each Plaintiff's Claim into seperate trials filed by State Farm Lloyds (Egeland, Susan) |
| Filing 10 NOTICE of Settlement as to Plaintiff Carlos Villanueva Only filed by State Farm Lloyds (Egeland, Susan) |
| Filing 9 NOTICE of Settlement as to Plaintiff Martin Ramirez Only filed by State Farm Lloyds (Egeland, Susan) |
| Filing 8 NOTICE of Settlement as to Plaintiffs Dylan and Marrion Nobles Only filed by State Farm Lloyds (Egeland, Susan) |
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Filing 7
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 1/13/2023) (chmb)
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Filing 6
ELECTRONIC ORDER OF DISMISSAL - Before the Court is Alicia Duarte, Gabriel Escobar and Defendant State Farm Lloyds' Agreed Motion for Dismissal with Prejudice, filed on January 13, 2023 (Doc. No. 5). Upon consideration of the Agreed Motion, the Court is of the opinion that said Agreed Motion should be, and hereby is, GRANTED in all respects. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that any and all claims of Plaintiffs, Alicia Duarte and Gabriel Escobar only, against Defendants are dismissed, with prejudice, to the rights of Plaintiffs Alicia Duarte and Gabriel Escobar to re-file same or any part thereof. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all court costs be taxedagainst the party incurring same. Any relief not expressly granted herein is DENIED. (Ordered by Judge Ed Kinkeade on 1/13/2023) (chmb) Modified on 1/13/2023 (axm).
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| Filing 5 MOTION to Dismiss With Prejudice filed by Alicia Duarte, Gabriel Escobar (Attachments: #1 Proposed Order Dismissal) (Wilson, Chad) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Alicia Duarte. (Clerk QC note: No affiliate entered in ECF). (Wilson, Chad) |
| 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. (ndt) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State Farm Lloyds. (Clerk QC note: No affiliate entered in ECF). (Egeland, Susan) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by State Farm Lloyds. (Filing fee $402; receipt number ATXNDC-13126232) 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 Cover Sheet, #2 Cover Sheet Supplement, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) D, #7 Exhibit(s) E, #8 Exhibit(s) F, #9 Exhibit(s) G) (Egeland, Susan) |
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| Plaintiff: Susan Ladymon | |
| Represented By: | Chad Troy Wilson |
| Represented By: | Joseph Michael Milensky |
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| Defendant: State Farm Lloyds | |
| Represented By: | Susan E Egeland |
| Represented By: | Hayden Brown |
| Represented By: | Matthew Clay Sapp |
| Represented By: | Max A Moran |
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