Arka Mesquite Investments LLC et al v. Philadelphia Indemnity Insurance Company
Plaintiff: Arka Mesquite Investments, LLC, Arka Mesquite Educators, LLC, Arka Mesquite Investments LLC and Arka Mesquite Educators LLC
Defendant: Philadelphia Indemnity Insurance Company
Case Number: 3:2023cv00706
Filed: April 3, 2023
Court: US District Court for the Northern District of Texas
Presiding Judge: Ada Brown
Nature of Suit: Contract: Insurance
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Insurance Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 24, 2023 Opinion or Order Filing 10 ELECTRONIC ORDER denying #9 Motion to Preclude Attorneys Fees. Before the Court is Defendant Philadelphia Indemnity Insurance Company's ("Defendant") Motion to Preclude Attorneys Fees and Plea in Abatement Pursuant to Chapter 542A of the Texas Insurance Code. (the "Motion"). (Doc. 9). In the Motion, Defendant requests the Court issue an order precluding Plaintiffs Arka Mesquite Investments, LLC and Arka Mesquite Educators, LLC's ("Plaintiffs") from receiving attorneys fees in this action, as requested in Plaintiffs' Original State Court Petition. (Doc. 1-5, pg. 10). The Court concludes that the Motion should be, and therefor is, DENIED without prejudice at this time. The Court reserves the right to revisit the issue of attorneys fees upon a final merits disposition or judgment. (Ordered by Judge Ada Brown on 5/24/2023) (chmb)
May 2, 2023 Filing 9 MOTION for Attorney Fees to Preclude Attorneys Fees and Verified Plea in Abatement filed by Philadelphia Indemnity Insurance Company (Attachments: #1 Declaration(s), #2 Exhibit(s) A-1, #3 Exhibit(s) A-2, #4 Proposed Order) (Badger, Steven)
May 2, 2023 Filing 8 ANSWER to Complaint filed by Philadelphia Indemnity Insurance Company. 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. (Badger, Steven) Modified text on 5/3/2023 (acm).
April 27, 2023 Opinion or Order Filing 7 SCHEDULING ORDER: Jury Trial set for 10/1/2024 before Judge Ada Brown. Joinder of Parties due by 9/26/2023. Amended Pleadings due by 9/26/2023. Motions due by 6/7/2024. Discovery due by 5/7/2024. Pretrial Order due by 9/3/2024. Pretrial Materials due by 9/3/2024. Pretrial Conference set for 9/30/2024 10:00 AM before Judge Ada Brown. Deadline for mediation is on or before 9/25/2023. (Ordered by Judge Ada Brown on 4/27/2023) (oyh)
April 25, 2023 Filing 6 Joint STATUS REPORT Rule 26(f) filed by Philadelphia Indemnity Insurance Company. (Badger, Steven)
April 4, 2023 Opinion or Order Filing 5 STATUS REPORT ORDER: Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, lead counsel are directed to meet and confer for the purpose of submitting a Joint Status Report as follows. (Joint Status Report Due Three (3) Weeks from the Date of this Order) (Ordered by Judge Ada Brown on 4/4/2023) (twd)
April 4, 2023 Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Philadelphia Indemnity Insurance Company. (Clerk QC note: No affiliate entered in ECF). (Badger, Steven)
April 4, 2023 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (agc)
April 4, 2023 Opinion or Order Filing 2 *** DISREGARD - ENTERED IN ERROR *** ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 4/4/2023) (chmb) Modified on 4/4/2023 (chmb).
April 3, 2023 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Philadelphia Indemnity Insurance Company. (Clerk QC note: Affiliate entry indicated). (See document #1 -6 for image) (axm)
April 3, 2023 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Philadelphia Indemnity Insurance Company. (Filing fee $402; receipt number ATXNDC-13635832) 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) (Badger, Steven)

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Plaintiff: Arka Mesquite Investments, LLC
Represented By: Richard Hall Elliott
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Plaintiff: Arka Mesquite Educators, LLC
Represented By: Richard Hall Elliott
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Plaintiff: Arka Mesquite Investments LLC
Represented By: Richard Hall Elliott
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Plaintiff: Arka Mesquite Educators LLC
Represented By: Richard Hall Elliott
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Defendant: Philadelphia Indemnity Insurance Company
Represented By: Madeline Paige Tackett
Represented By: Steven J Badger
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