L&L Fabrication LLC v. Amerisure Insurance Company
| L&L Fabrication LLC |
| Amerisure Insurance Company |
| 4:2020cv01059 |
| September 24, 2020 |
| US District Court for the Northern District of Texas |
| Mark Pittman |
| Contract: Insurance |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
Docket Report
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Filing 15
AMENDED FINAL JUDGMENT: In accordance with the order issued October 29, 2020 (ECF No. #13 ), the Court finds it appropriate to issue this Amended Final Judgment. Therefore, it is ORDERED, ADJUDGED, and DECREED that this civil action is DISMISSED without prejudice. (Ordered by Judge Mark Pittman on 11/4/2020) (tln)
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Filing 14
FINAL JUDGMENT: In accordance with the order issued this date (ECF No. #12 ), the Court finds it appropriate to issue this Final Judgment. Therefore, it is ORDERED, ADJUDGED, and DECREED that this civil action is DISMISSED without prejudice. (Ordered by Judge Mark Pittman on 10/29/2020) (tln)
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Filing 13
ORDER: Because Amerisure failed to timely file a pleading asserting Section 542A.007, the Court finds that Amerisure's Motion to Preclude (ECF No. #5 ) should be and hereby is DENIED. Because Amerisure's sole basis for opposing the Motion to Dismiss rested on its Motion to Preclude, and having denied the Motion to Preclude, the Court finds that L&L's Motion to Dismiss without Prejudice (ECF No. #6 ) should be and hereby is GRANTED. Accordingly, this civil action is DISMISSED without prejudice. (Ordered by Judge Mark Pittman on 10/29/2020) (tln)
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| Filing 12 Appendix in Support filed by L&L Fabrication LLC re #11 Response/Objection (Connor, Hugh) |
| Filing 11 RESPONSE filed by L&L Fabrication LLC re: #5 MOTION to Preclude Attorney's Fees Under Texas Insurance Code (d) and Incorporated Brief in Support (Connor, Hugh) |
| Filing 10 RESPONSE filed by Amerisure Insurance Company re: #6 MOTION to Dismiss Motion to Voluntarily Dismiss Without Prejudice (Attachments: #1 Exhibit(s) A) (Witmeyer, Robert) |
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Filing 9
ORDER: Before the Court is Defendant Amerisure Insurance Company's Motion to Preclude Attorneys Fees (ECF No. #5 ) and Plaintiff L&L Fabrication LLC's Motion to Dismiss Without Prejudice (ECF No. #6 ) (collectively "Motions"). As the Motions are both opposed and appear to be related, the Court finds it appropriate to order expedited responses. Accordingly, the parties are ORDERED to file responses to the Motions on or before October 21, 2020. It is further ORDERED that the October 19, 2020 deadline for Plaintiff to file an amended complaint (see ECF No. 4) is STAYED. (Ordered by Judge Mark Pittman on 10/14/2020) (tln)
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| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by L&L Fabrication LLC. (Connor, Hugh) |
| Filing 7 Appendix in Support filed by Amerisure Insurance Company re #5 MOTION to Preclude Attorney's Fees Under Texas Insurance Code (d) and Incorporated Brief in Support (Attachments: #1 Exhibit(s) A and Exhibits A.1 to A.5) (Witmeyer, Robert) |
| Filing 6 MOTION to Dismiss Motion to Voluntarily Dismiss Without Prejudice filed by L&L Fabrication LLC (Attachments: #1 Proposed Order) (Connor, Hugh) |
| Filing 5 MOTION to Preclude Attorney's Fees Under Texas Insurance Code (d) and Incorporated Brief in Support filed by Amerisure Insurance Company with Brief/Memorandum in Support. (Witmeyer, Robert) |
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Filing 4
ORDER: Therefore, the Court ORDERS that: (1) on or before October 19, 2020, Plaintiff file an amended complaint that complies with the Federal Rules of Civil Procedure, the Local Civil Rules of the United States District Court for the Northern District of Texas, and the undersigned's judge-specific requirements; and, (2) within 21 days of the filing of the amended complaint, Defendant file an answer or other response to the amended complaint. The Court further ORDERS that failure of any party to comply with this order may result in the imposition of sanctions, up to and including dismissal of Plaintiff's claims or granting of a default judgment, as appropriate. (Ordered by Judge Mark Pittman on 9/29/2020) (tln)
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| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Amerisure Insurance Company. (Witmeyer, Robert) |
| Filing 2 New Case Notes: A filing fee has been paid. File to: Judge Pittman. 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. (tln) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Amerisure Insurance Company. (Filing fee $400; receipt number 0539-11204882) 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.1, #6 Exhibit(s) C.2, #7 Exhibit(s) C.3, #8 Exhibit(s) C.4) (Witmeyer, Robert) |
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| Plaintiff: L&L Fabrication LLC | |
| Represented By: | Michael D Anderson |
| Represented By: | Hugh G Connor, II |
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| Defendant: Amerisure Insurance Company | |
| Represented By: | Robert J Witmeyer |
| Represented By: | Aaron George Stendell |
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