Buettner et al v. USA Gymnastics et al
| Buettner, Mark Buettner, Bailey Buettner and Mark Buettner, as Next Friend of Bailey Buettner |
| USA Gymnastics, American Specialty Insurance & Risk Services, Inc. and Mutual of Omaha Insurance Co. |
| 4:2016cv00157 |
| February 26, 2016 |
| US District Court for the Northern District of Texas |
| Fort Worth Office |
| Tarrant |
| John McBryde |
| Contract: Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Document Text |
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| Civil Case Terminated. (wxc) |
Filing 51
FINAL JUDGMENT... The court ORDERS, ADJUDGES, and DECREES that all claims and causes of action asserted by plaintiffs, Mark Buettner and Bailey Buettner, against defendants American Specialty Insurance & Risk Services, Inc., and Mutual of Omaha Insurance Co., be, and are hereby, dismissed with prejudice. The court further ORDERS, ADJUDGES, and DECREES that each party to this action is to bear the costs of court and attorney's fees incurred by such party. (Ordered by Judge John McBryde on 4/17/2017) (wxc)
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Filing 50
ORDER... The court ORDERS that the caption of the action be, and is hereby, amended to reflect that the plaintiffs are Mark Buettner and Bailey Buettner. (Ordered by Judge John McBryde on 4/17/2017) (wxc)
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| Filing 49 Minute Entry for proceedings held before Judge John McBryde: Telephone Conference/Hearing held on 4/17/2017. Parties clarified that Bailey Buettner is now 18. Court will change caption to reflect that Bailey brings her own claims and father is no longer proceeding as next friend. Per the parties agreement, the court dismissed the action with prejudice, with the costs of court and attorney's fees to be borne by each party who incurred same. Attorney Appearances: Plaintiff - Jackson Davis; Defense - Richard Illmer, Chalon Clark. (Court Reporter: Debbie Saenz) (No exhibits) Time in Court - :8. (wxc) |
| Filing 48 Joint NOTICE of Settlement filed by American Specialty Insurance & Risk Services, Inc., Mark Buettner, Mark Buettner, as Next Friend of Bailey Buettner, Mutual of Omaha Insurance Co. (hth) |
| Filing 47 Motion to Quash Notice of Intent to Take Oral Deposition of Dr. Stephen Brotherton filed by Mark Buettner (wxc) |
| Filing 46 Plaintiff's List of Facts to be Proven at Trial filed by Mark Buettner, Mark Buettner, as Next Friend of Bailey Buettner (wxc) |
| Filing 45 Defendant's List of Facts to be Proved at Trial filed by American Specialty Insurance & Risk Services, Inc., Mutual of Omaha Insurance Co. (wxc) |
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Filing 44
ORDER GRANTING UNOPPOSED MOTION TO EXTEND DISCOVERY DEADLINE #43 Discovery due by 4/7/2017. (Ordered by Judge John McBryde on 4/4/2017) (wxc)
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| Filing 43 Unopposed Motion to Extend Discovery Deadline to Take the Deposition of Plaintiff's Expert filed by American Specialty Insurance & Risk Services, Inc., Mutual of Omaha Insurance Co. (wxc) |
| Filing 42 Plaintiff's Expert Disclosure filed by Mark Buettner, Mark Buettner, as Next Friend of Bailey Buettner (wxc) |
| Filing 41 Defendants' Supplemental Expert Disclosure filed by American Specialty Insurance & Risk Services, Inc., Mutual of Omaha Insurance Co. (wxc) |
| Filing 40 Defendants' Rule 26(a)(3) Pretrial Disclosures filed by American Specialty Insurance & Risk Services, Inc., Mutual of Omaha Insurance Co.. (wxc) |
| Filing 39 Joint Exhibit List by American Specialty Insurance & Risk Services, Inc., Mark Buettner, Mark Buettner, as Next Friend of Bailey Buettner, Mutual of Omaha Insurance Co.. (wxc) |
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Filing 38
ORDER granting #37 ... The court ORDERS that the joint motion be, and is hereby, granted, and that the parties be, and are hereby, granted an extension of time until March 14, 2017, in which to notify the court of an possible use of video recording at trial. (Ordered by Judge John McBryde on 3/13/2017) (wxc)
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| Filing 37 Joint Motion to Extend Deadline to Notify Court of Possible Use of Video Recording filed by American Specialty Insurance & Risk Services, Inc., Mark Buettner, Mark Buettner, as Next Friend of Bailey Buettner, Mutual of Omaha Insurance Co. (wxc) |
| Filing 36 Defendants' Designation of Video Recording to be Used at Trial filed by American Specialty Insurance & Risk Services, Inc., Mutual of Omaha Insurance Co. (wxc) |
| Filing 35 Supplemental Joint Status Report by American Specialty Insurance & Risk Services, Inc., Mark Buettner, Mark Buettner, as Next Friend of Bailey Buettner, Mutual of Omaha Insurance Co. (wxc) |
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Filing 34
ORDER... Came on to be heard the motion of plaintiff, Mark Buettner, individually, and as next friend of Bailey Buettner, for continuance. In accordance with the court's ruling at the pretrial conference, The court ORDERS that plaintiff's motion for continuance be, and is hereby, denied. (Ordered by Judge John McBryde on 3/6/2017) (wxc)
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| Filing 33 Minute Entry Pretrial Conference for proceedings held before Judge John McBryde: Pretrial Conference held on 3/6/2017. Motion for continuance is denied. Conference concluded. Attorney Appearances: Plaintiff - Jackson Davis; Defense - Richard Illmer. (Court Reporter: Debbie Saenz) (No exhibits) Time in Court - :26. (wxc) |
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Filing 32
ORDER... Failure to comply with this order, in any respect, may lead to the imposition of sanctions, including dismissal, or entry of default, without further notice. THE COURT SO ORDERS. (Ordered by Judge John McBryde on 3/6/2017) (wxc)
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| Filing 31 Plaintiff's Motion for Continuance filed by Mark Buettner, Mark Buettner, as Next Friend of Bailey Buettner (wxc) |
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Filing 30
ORDER GRANTING AGREED MOTION TO EXTEND DEADLINE TO FILE JOINT PRE-TRIAL ORDER #29 ... Ordered that the deadline for the parties to file their Joint Pretrial Order is extended until 5:00 p.m. on March 2, 2017. (Ordered by Judge John McBryde on 3/2/2017) (wxc)
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| Filing 29 Agreed Motion to Extend Deadline to File Joint Pre-Trial Motion filed by Mark Buettner, Mark Buettner, as Next Friend of Bailey Buettner (wxc) |
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Filing 28
ORDER GRANTING JOINT MOTION TO EXTEND DEADLINE FOR FACE-TO-FACE SETTLEMENT DISCUSSION #27 ... Ordered that the deadline for a face-to-face settlement meeting is extended to March 1, 2017. (Ordered by Judge John McBryde on 2/27/2017) (wxc)
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| Filing 27 JOINT MOTION to Extend Deadline for Face-to-Face Settlement Discussion filed by American Specialty Insurance & Risk Services, Inc., Mark Buettner, Mark Buettner, as Next Friend of Bailey Buettner, Mutual of Omaha Insurance Co. (mlm) |
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Filing 26
ORDER GRANTING JOINT MOTION TO EXTEND DISCOVERY DEADLINE #25 ... On this day came one to be heard the Plaintiff Mark Buettner, Individually and as Next Friend of Bailey Buettner ("Plaintiff') and Defendants American Specialty Insurance & Risk Services, Inc. ("Specialty") and Mutual of Omaha Insurance Co. ("Mutual of Omaha") ("collectively "Defendants") Joint Motion to Extend Discovery Deadline (the "Motion"). The Court, having considered the Motion, finds that the Motion should be granted. It is, therefore, ORDERED that the discovery deadline is extended to March 1, 2017. (Ordered by Judge John McBryde on 2/3/2017) (wxc)
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| Filing 25 Joint Motion to Extend Discovery Deadline filed by American Specialty Insurance & Risk Services, Inc., Mark Buettner, Mark Buettner, as Next Friend of Bailey Buettner, Mutual of Omaha Insurance Co. (wxc) |
| Filing 24 Defendants' Expert Disclosure by American Specialty Insurance & Risk Services, Inc., Mutual of Omaha Insurance Co. (wxc) |
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Filing 23
ORDER granting #22 ... The court ORDERS that defendants' unopposed motion be, and is hereby, granted, and that defendants be, and are hereby, granted an extension of time until December 5, 2016, in which to designate experts and provide their reports. (Ordered by Judge John McBryde on 11/4/2016) (wxc)
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| Filing 22 Defendants' Unopposed Motion to Extend Deadline to Designate Expert and Provide Report filed by American Specialty Insurance & Risk Services, Inc., Mutual of Omaha Insurance Co. (wxc) |
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Filing 21
ORDER SETTING SCHEDULE AND PROVIDING SPECIAL PRETRIAL INSTRUCTIONS Amended Pleadings due by 12/13/2016. Discovery due by 2/13/2017. Joinder of Parties due by 10/11/2016. Bench Trial set for 4/24/2017 09:00 AM before Judge John McBryde. (Ordered by Judge John McBryde on 7/6/2016) (wxc)
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| Filing 20 STATUS REPORT filed by American Specialty Insurance & Risk Services, Inc., Mark Buettner, as Next Friend of Bailey Buettner, Mutual of Omaha Insurance Co. (mpw) |
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Filing 19
ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO ALLOW MUTUAL OF OMAHA INSURANCE COMPANY TO ATTEND SETTLEMENT MEETING ON BEHALF OF AMERICAN SPECIALTY INSURANCE & RISK SERVICES, INC. granting #18 ... On this day came on to be heard the Defendants' Unopposed Motion to Allow Mutual of Omaha to Attend Settlement Meeting on Behalf of Specialty (the "Motion"). The Comt, having considered the Motion and that it is unopposed, is of the opinion that it should be in all things GRANTED. (Ordered by Judge John McBryde on 6/21/2016) (wxc)
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| Filing 18 Defendants' Unopposed Motion to Allow Mutual of Omaha Insurance Company to Attend Settlement Meeting on Behalf of American Specialty Insurance and Risk Services, Inc. filed by American Specialty Insurance & Risk Services, Inc., Mutual of Omaha Insurance Co. (wxc) |
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Filing 17
JOINT STATUS REPORT ORDER... Counsel' are directed to confer for the purpose of submitting a Joint Status Report in this case. This conference shall be deemed to be a conference of the type contemplated by Rule 26(f) of the Federal Rules of Civil Procedure. The Joint Status Report shall be filed by 4:00p.m. on July 6, 2016. (Ordered by Judge John McBryde on 6/6/2016) (wxc)
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| Filing 16 Defendants' ANSWER to Plaintiffs' Amended Complaint to #15 Amended Complaint, filed by American Specialty Insurance & Risk Services, Inc., Mutual of Omaha Insurance Co.. 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. (wxc) |
| Filing 15 PLAINTIFF'S AMENDED COMPLAINT against American Specialty Insurance & Risk Services, Inc., Mutual of Omaha Insurance Co. filed by Mark Buettner, as Next Friend of Bailey Buettner. 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. (wxc) |
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Filing 14
ORDER FOR REPLEADING... The court ORDERS that by May 31, 2016, plaintiff file an amended pleading to be titled "Plaintiff's Amended Complaint" in compliance with the pleading requirements of the Federal Rules of Civil Procedure and the Local civil Rules of the United States District Court for the Northern District of Texas, and the judge specific requirements of the undersigned, and that by June 10, 2016, defendants file an answer or other response to such Plaintiff's Amended Complaint in compliance with the requirements of the Federal Rules of Civil Procedure and Local Civil Rules of the United States District Court for the Northern District of Texas, and the judge-specific requirements of the undersigned. (Ordered by Judge John McBryde on 5/18/2016) (wxc)
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Filing 13
FINAL JUDGMENT AS TO CERTAIN DEFENDANT... The court ORDERS, ADJUDGES, and DECREES that the claims of plaintiff, Mark Buettner, individually, and as next friend of Bailey Buettner, against defendant USA Gymnastics be, and are hereby, dismissed without prejudice. (Ordered by Judge John McBryde on 5/18/2016) (wxc)
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Filing 12
Memorandum Opinion and Order... The court ORDERS that plaintiff's motion to remand be, and is hereby, denied. The court further ORDERS that all claims and causes of action asserted by plaintiff against Gymnastics be, and are hereby, dismissed without prejudice. (Ordered by Judge John McBryde on 5/18/2016) (wxc)
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| Filing 11 Defendants' Response to Motion to Remand filed by American Specialty Insurance & Risk Services, Inc., Mutual of Omaha Insurance Co., USA Gymnastics re: #6 MOTION to Remand (wxc) |
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Filing 10
Order Unfiling #9 Response filed by USA Gymnastics, American Specialty Insurance & Risk Services, Inc., Mutual of Omaha Insurance Co. due to the following deficiency: The response is signed by a law firm in violation of the court's standing order (Ordered by Judge John McBryde on 4/28/2016) (wxc)
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| Filing 9 *** UNFILED PER ORDER #10 *** Defendants' Response to Motion to Remand filed by American Specialty Insurance & Risk Services, Inc., Mutual of Omaha Insurance Co., USA Gymnastics re: #6 (wxc) Modified on 4/28/2016 (wxc). |
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Filing 8
ORDER granting #7 Motion to Extend Time. Motion to Remand is Extended to 4/28/2016. (Ordered by Judge John McBryde on 4/14/2016) (wxc)
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| Filing 7 Defendant's Unopposed Motion to Extend Deadline to File Response to Plaintiff's Motion to Remand filed by American Specialty Insurance & Risk Services, Inc., Mutual of Omaha Insurance Co., USA Gymnastics (wxc) |
| Filing 6 Plaintiff's Motion to Remand, and Brief in Support filed by Mark Buettner, Mark Buettner, as Next Friend of Bailey Buettner (wxc) |
| Filing 5 Defendants' Certificate of Interested Persons by American Specialty Insurance & Risk Services, Inc., Mutual of Omaha Insurance Co., USA Gymnastics. (wxc) |
| Filing 4 Judge McBryde's paper original and copies pursuant to the standing order of Document #1 received." re: #1 Notice of Removal, filed by American Specialty Insurance & Risk Services, Inc., Mutual of Omaha Insurance Co., USA Gymnastics (wxc) |
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Filing 3
Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Judge John McBryde on 2/26/2016) (wxc)
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| Filing 2 New Case Notes: A filing fee has been paid. File to Judge McBryde. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (wxc) |
| Filing 1 NOTICE OF REMOVAL from 153rd District Court of Tarrant County, Texas, case number 153-283206-16 filed by American Specialty Insurance & Risk Services, Inc., Mutual of Omaha Insurance Co., USA Gymnastics. (Filing fee $400; receipt number 0539-7407669) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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) A - Index of Matters Filed Pursuant to Removal, #4 Exhibit(s) B-1 - State Court Docket Sheet, #5 Exhibit(s) B-2 - Plaintiffs Original Petition filed January 12, 2016, #6 Exhibit(s) B-3 - Letter from The Dent Law Firm filing petition and requesting issuance of citations dated January 12, 2016, #7 Exhibit(s) B-4 - Return Citation of USA Gymnastics filed January 28, 2016, #8 Exhibit(s) B-5 - Return Citation of American Specialty Insurance & Risk Services, Inc. filed February 3, 2016, #9 Exhibit(s) B-6 - Return Citation of Mutual of Omaha Insurance Company filed February 9, 2016, #10 Exhibit(s) B-7 - Defendants Original Answer filed February 22, 2016, #11 Exhibit(s) B-8 - Defendants Notice of Filing Notice of Removal filed February 26, 2016) (Illmer, Richard) |
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