McMillan v. State Farm Mutual Automobile Insurance Company
| Denise McMillan |
| State Farm Mutual Automobile Insurance Company |
| 3:2023cv01637 |
| July 24, 2023 |
| US District Court for the Northern District of Texas |
| Brantley Starr |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 24, 2023. A more recent docket listing may be available from PACER.
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Filing 20
ELECTRONIC ORDER: The Court ORDERS the parties to file a status update by July 31, 2023 informing the Court on the outcome of the parties' mediation. (Ordered by Judge Brantley Starr on 7/24/2023) (chmb)
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Filing 19
ORDER: Before the Court is an unopposed motion to abate and sever. [Doc. #15 ]. For the reasons below, the Court GRANTS IN PART AND DENIES IN PART the motion. The Court GRANTS the motion to sever (treating it as a motion for separate trials) and ORDERS separate trials for (1) Plaintiff's claims for declaratory judgment and breach of contract and (2) Plaintiff's extra- contractual claims for breach of the duty of good faith and fair dealing and violations of the Texas Insurance Code. The Court directs the clerk to open a new case for the severed claims and instructs the plaintiff to pay a new filing fee in that case. The Court DENIES WITHOUT PREJUDICE the motion to abate. (New case opened as case number 3:23-cv-1637) (Ordered by Judge Brantley Starr on 7/24/2023) (oyh)
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| Full Filing Fee Due in amount of $ 402 per #19 ORDER. (oyh) |
| Filing 18 NOTICE of Change of Address for Attorney Michael S Francis on behalf of Denise McMillan. (Filer will update contact info in ECF.) (Francis, Michael) |
| Filing 17 AMENDED DOCUMENT (2nd Amended Certificate of Conference) by State Farm Mutual Automobile Insurance Company. Amendment to #15 MOTION to Sever. (Balido, Carlos) Modified text on 6/23/2023 (sxf). |
| Filing 16 AMENDED DOCUMENT by State Farm Mutual Automobile Insurance Company. Amendment to #15 MOTION to Sever and Abatement of Extra-Contractual Claims. Certificate of Conference. (Balido, Carlos) |
| Filing 15 MOTION to Sever and Abatement of Extra-Contractual Claims filed by State Farm Mutual Automobile Insurance Company (Balido, Carlos) |
| Filing 14 Certificate Regarding Judge-Specific Requirements. (Balido, Carlos) |
| Filing 13 Certificate Regarding Judge-Specific Requirements. (Francis, Michael) |
| Filing 12 AMENDED DOCUMENT by Denise McMillan. Plaintiff's Amended Designation of Expert Witnesses. (Francis, Michael) |
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Filing 11
Electronic Standing Order - If they have not already done so, all attorneys appearing in this case must file a Certificate Regarding Judge-Specific Requirements on the docket attesting that they have read, and will comply with, the judge-specific requirements for this Court, including the Court's order concerning generative artificial intelligence. The judge-specific requirements and a template Certificate may be found at: # Certificate Regarding Judge-Specific Requirements. To file the Certificate, please use the event entitled Certificate Regarding Judge-Specific Requirements. This event is located in the Other Documents selection, which is under the Other Filings category of the Civil page in ECF. Please contact the ECF help desk at 214-753-2633 for filing assistance. (Ordered by Judge Brantley Starr on 6/8/2023) (rekc) Modified on 6/8/2023 (rekc).
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| Filing 10 Joint STATUS REPORT Regarding Status of Settlement Negotiations filed by Denise McMillan. (Francis, Michael) |
| Filing 9 First Supplemental Designation of Experts by State Farm Mutual Automobile Insurance Company. (Balido, Carlos) Modified text on 3/17/2023 (mms). |
| Filing 8 Designation of Experts by State Farm Mutual Automobile Insurance Company. (Ave, Gregory) |
| Filing 7 Designation of Experts by Denise McMillan. (Francis, Michael) |
| Filing 6 Joint STATUS REPORT on Agreed Upon Mediator filed by State Farm Mutual Automobile Insurance Company. (Balido, Carlos) |
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Filing 5
SCHEDULING ORDER: Jury Trial set for 10/23/2023 09:00 AM before Judge Brantley Starr. Deadline for mediation is on or before 5/30/2023. Amended Pleadings due by 12/6/2022. Discovery due by 5/15/2023. Pretrial Conference set for 10/16/2023 before Judge Brantley Starr. Joinder of Parties due by 12/6/2022. Motions due by 6/12/2023. Pretrial Order due by 10/10/2023. Pretrial Materials due by 10/10/2023. Status Report due by 6/5/2023. (Ordered by Judge Brantley Starr on 11/16/2022) (oyh)
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| Filing 4 Proposal for contents of scheduling and discovery order by State Farm Mutual Automobile Insurance Company. (Balido, Carlos) |
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Filing 3
ORDER REQUIRING ATTORNEY CONFERENCE AND PROPOSAL FOR CONTENTS OF SCHEDULING AND DISCOVERY ORDER: Proposed Scheduling Order due by 10/2/2022. (Ordered by Judge Brantley Starr on 9/2/2022) (ygl)
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| Filing 2 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. (sxf) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by State Farm Mutual Automobile Insurance Company. (Filing fee $402; receipt number 0539-12994070) 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 Civil Cover Sheet, #2 Cover Sheet Supplement Supplemental Civil Cover Sheet, #3 Exhibit(s) Index of Pleadings Filed in State Court, #4 Exhibit(s) Plaintiff's Original Petition, #5 Exhibit(s) Defendant's Original Answer) (Balido, Carlos) |
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