1010 East Avenue J LLC v. Union Insurance Company et al
| 1010 East Avenue J LLC and Xtra Lite Lighting, LLC |
| Berkley Southeast Insurance Group and Union Insurance Company |
| 4:2020cv00958 |
| August 24, 2020 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Both |
Docket Report
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| Filing 47 Agreed STIPULATION OF DISMISSAL (with Prejudice) by Union Insurance Company. (Martin, Jennifer) |
| Civil Case Terminated per #47 Agreed Stipulation of Dismissal. (mmw) |
Filing 46
ORDER: See Order for details. (Ordered by Judge Reed C. O'Connor on 3/26/2021) (chmb) Modified to correct date on 3/29/2021 (wxc).
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| Filing 45 Joint STATUS REPORT Regarding Dismissal filed by Union Insurance Company. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Delabar, Timothy) |
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Filing 44
ORDER...The parties informed the Court that they have agreed to settle this matter. See ECF No. 43. The parties are, therefore, directed to file the appropriate dismissal papersa stipulation of dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) or an agreed motion with corresponding proposed orderwith the Clerks Office no later than March 25, 2021. If the parties do not file the appropriate dismissal papers by this date, and further proceedings become necessary or desirable, the parties should immediately file a Joint Status Report with the Court. The July 26, 2021, trial setting is hereby vacated, and the parties are relieved of any pretrial obligations and deadlines. (Ordered by Judge Reed C. O'Connor on 2/24/2021) (wxc)
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| Filing 43 Joint STATUS REPORT Regarding Mediation filed by Berkley Southeast Insurance Group, Union Insurance Company. (Martin, Jennifer) |
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Filing 42
ORDER...Before the Court is Defendant's Motion to Extend Time to Conduct Discovery (ECF No. #41 ), filed February 15, 2021. The Court finds expedited briefing is necessary. Plaintiffs must respond no later than February 23, 2021, and Defendant may reply no later than February 26, 2021. (Ordered by Judge Reed C. O'Connor on 2/16/2021) (wxc)
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| Filing 41 Amended MOTION to Extend Time to Conduct Discovery and Request for Expedited Briefing filed by Union Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A, #2 Proposed Order) (Delabar, Timothy) |
| Filing 40 MOTION to Extend Time to Conduct Discovery and Request for Expedited Briefing filed by Union Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A, #2 Proposed Order) (Delabar, Timothy) |
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Filing 39
ORDER granting #38 Motion to Extend Time. Deadline for mediation is on or before 2/22/2021. ADR Summary form due 2/23/2021. (Ordered by Judge Reed C. O'Connor on 1/28/2021) (wxc)
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| Filing 38 MOTION to Extend Time to mediate filed by Union Insurance Company (Attachments: #1 Proposed Order) (Delabar, Timothy) |
| Filing 37 REPLY filed by Union Insurance Company re: #30 Motion to Dismiss for Failure to State a Claim (Delabar, Timothy) |
| Filing 36 Brief/Memorandum in Support filed by 1010 East Avenue J LLC re #35 Response/Objection Union Insurance Company's Third Motion to Dismiss (Attachments: #1 Exhibit(s)) (Wieser, Jay) |
| Filing 35 RESPONSE filed by 1010 East Avenue J LLC re: #30 Motion to Dismiss for Failure to State a Claim (Wieser, Jay) |
| Filing 34 Designation of Experts by 1010 East Avenue J LLC. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s)) (Wieser, Jay) |
| Filing 33 NOTICE of Xtra Lite Lighting, LLC Reinstatement re: #26 Order Setting Deadline/Hearing,, Terminate Motions, filed by 1010 East Avenue J LLC, Xtra Lite Lighting, LLC (Attachments: #1 Exhibit(s)) (Allman, Allison) |
| Filing 32 Brief/Memorandum in Support filed by Union Insurance Company re #30 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit(s) A) (Martin, Jennifer) |
| Filing 31 *** DISREGARD - INCORRECT PDF ATTACHED *** Brief/Memorandum in Support filed by Union Insurance Company re #30 Motion to Dismiss for Failure to State a Claim (Martin, Jennifer) Modified text on 12/17/2020 (mmw). |
| Filing 30 Motion to Dismiss for Failure to State a Claim filed by Union Insurance Company (Attachments: #1 Proposed Order Granting Union Insurance Company's Third Motion to Dismiss) (Martin, Jennifer) |
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Filing 29
ORDER... Before the Court is the parties Joint Stipulation of Partial Dismissal (ECF No. 27), filed December 3, 2020. Having considered the stipulation and applicable law, the Court GRANTS the Joint Stipulation of Partial Dismissal. See Fed. R. Civ. P. 41(a)(2). The Court DISMISSES without prejudice Plaintiffs claims against Defendant Berkley Southeast Insurance Group, LLC, with each part to bear its own attorneys fees and costs. The parties Joint Stipulation of Partial Dismissal and this Order have no effect on Plaintiffs causes of action against the remaining Defendant Union Insurance Company. (Ordered by Judge Reed C. O'Connor on 12/4/2020) (wxc)
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| Filing 28 AMENDED COMPLAINT WITH JURY DEMAND against Union Insurance Company filed by 1010 East Avenue J LLC. (One or more defendant(s) is no longer named.) 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. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s)) (Wieser, Jay) |
| Filing 27 Joint STIPULATION OF DISMISSAL Partial by 1010 East Avenue J LLC. (Attachments: #1 Proposed Order) (Wieser, Jay) |
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Filing 26
ORDER granting #19 ...the Court determines that under the liberal standards of Rule 15, the motion should be and is hereby GRANTED. The Court DIRECTS 1010 East to file its Second Amended Complaint on or before December 3, 2020. (Ordered by Judge Reed C. O'Connor on 12/1/2020) (wxc)
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| Filing 25 Brief/Memorandum in Support filed by Berkley Southeast Insurance Group re #24 First MOTION to Dismiss (Attachments: #1 Exhibit(s) A, #2 Proposed Order) (Delabar, Timothy) |
| Filing 24 First MOTION to Dismiss filed by Berkley Southeast Insurance Group Attorney Timothy P Delabar added to party Berkley Southeast Insurance Group(pty:dft) (Delabar, Timothy) |
| Filing 23 REPLY filed by 1010 East Avenue J LLC re: #19 MOTION for Leave to File Second Amended Complaint (Attachments: #1 Declaration(s)) (Wieser, Jay) |
| Filing 22 RESPONSE filed by Union Insurance Company re: #19 MOTION for Leave to File Second Amended Complaint (Attachments: #1 Exhibit(s) A) (Martin, Jennifer) |
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Filing 21
ORDER...Before the Court is Plaintiffs Motion for Leave to File Second Amended Complaint(ECF No. 19), filed November 17, 2020. The motion indicates that Plaintiff made requests to confer with... counsel for Defendant Union Insurance Company[] regarding the relief sought herein... but received no response from [counsel] as of the time of th[e] filing. ECF No. 19. In order to more efficiently resolve the issue presented, the Court ORDERS expedited briefing onthe motion. Defendants SHALL respond on or before November 20, 2020, and Plaintiff SHALL reply on or before November 24, 2020. (Ordered by Judge Reed C. O'Connor on 11/17/2020) (wxc)
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Filing 20
ORDER granting #18 ... Having considered the Motion, the Court finds that good cause exists to modify the scheduling order, see Fed. R. Civ. P. 16(b), and the Motion should be and is hereby GRANTED. The Court EXTENDS the deadline to file Initial Expert Designation Reports to December 28, 2020, and EXTENDS the deadline to file Responsive Expert Designation and Reports to January 25, 2021. (Ordered by Judge Reed C. O'Connor on 11/17/2020) (wxc)
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| Filing 19 MOTION for Leave to File Second Amended Complaint filed by 1010 East Avenue J LLC (Attachments: #1 Proposed Order, #2 Proposed Amendment) (Allman, Allison) |
| Filing 18 Agreed MOTION to Extend Time for Expert Deadlines filed by 1010 East Avenue J LLC (Attachments: #1 Proposed Order) (Allman, Allison) |
| Filing 17 REPLY filed by Union Insurance Company re: #11 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Martin, Jennifer) |
| Filing 16 Appendix in Support filed by 1010 East Avenue J LLC re #14 Response/Objection (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s)) (Allman, Allison) |
| Filing 15 Brief/Memorandum in Support filed by 1010 East Avenue J LLC re #14 Response/Objection (Allman, Allison) |
| Filing 14 RESPONSE filed by 1010 East Avenue J LLC re: #11 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Proposed Order) (Allman, Allison) |
| Filing 13 ADDITIONAL ATTACHMENTS to #12 Brief/Memorandum in Support of Motion by Defendant Union Insurance Company. (Delabar, Timothy) |
| Filing 12 Brief/Memorandum in Support filed by Union Insurance Company re #11 Motion to Dismiss for Failure to State a Claim (Second Motion to Dismiss) (Attachments: #1 Exhibit(s) A) (Martin, Jennifer) |
| Filing 11 Motion to Dismiss for Failure to State a Claim filed by Union Insurance Company (Martin, Jennifer) |
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Filing 10
SCHEDULING ORDER: Joinder of Parties due by 11/23/2020. Amended Pleadings due by 11/23/2020. Motions due by 3/29/2021. Deadline for mediation is on or before 1/27/2021. Discovery due by 2/26/2021. Pretrial Order due by 7/1/2021. Jury Trial set for 7/26/2021 before Judge Reed C. O'Connor. (Ordered by Judge Reed C. O'Connor on 9/23/2020) (wxc)
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| Filing 9 Joint STATUS REPORT filed by 1010 East Avenue J LLC. (Attachments: #1 Exhibit(s)) (Wieser, Jay) |
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Filing 8
ELECTRONIC ORDER finding as moot #5 Motion to Dismiss. (Ordered by Judge Reed C. O'Connor on 9/22/2020) (chmb)
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| Filing 7 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by 1010 East Avenue J LLC. 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. (Brown, Lindsey) |
| Filing 6 Brief/Memorandum in Support filed by Union Insurance Company re #5 MOTION to Dismiss (Martin, Jennifer) |
| Filing 5 MOTION to Dismiss filed by Union Insurance Company (Martin, Jennifer) |
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Filing 4
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER... The Joint Report, which shall be filed on or before September 22, 2020. (Ordered by Judge Reed C. O'Connor on 8/25/2020) (wxc)
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| Filing 3 New Case Notes: A filing fee has been paid. File to: Judge O Connor. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (wxc) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Union Insurance Company identifying Corporate Parent/Other Affiliate W.R. Berkley Corporation for Union Insurance Company. (Martin, Jennifer) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Union Insurance Company. (Filing fee $400; receipt number 0539-11108981) 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 Additional Page(s) Attachment 1, #2 Additional Page(s) Attachment 2, #3 Additional Page(s) Attachment 3, #4 Additional Page(s) Attachment 4, #5 Additional Page(s) Attachment 5, #6 Additional Page(s) Attachment 6, #7 Additional Page(s) Attachment 7, #8 Additional Page(s) 8, #9 Cover Sheet Civil Cover Sheet, #10 Cover Sheet Supplement Supplemental Civil Cover Sheet) (Martin, Jennifer) |
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