Phan v. Nationwide Property and Casualty Insurance Company et al
| Khiem Phan |
| Nationwide Property and Casualty Insurance Company and Envista Forensics, LLC |
| ADR Provider |
| 4:2021cv01285 |
| November 19, 2021 |
| US District Court for the Northern District of Texas |
| Mark Pittman |
| Contract: Insurance |
| 12 U.S.C. § 635 |
| Plaintiff |
Docket Report
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| Filing 16 ANSWER to #12 Amended Complaint,,, filed by Nationwide Property and Casualty Insurance Company. 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. 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. (Kemp, Patrick) |
Filing 15
SCHEDULING ORDER: This case is set for trial on this Court's four-week docket beginning November 21, 2022. Joinder of Parties due by 2/18/2022. Amended Pleadings due by 2/18/2022. Discovery due by 6/24/2022. Motions due by 7/25/2022. Pretrial Order due by 10/27/2022. The court appoints Donald E Herrmann as mediator. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 5/25/2022. (Ordered by Judge Mark Pittman on 12/20/2021) (bdb)
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| Filing 14 Joint STATUS REPORT regarding Contents of Scheduling Order filed by Nationwide Property and Casualty Insurance Company. (Kemp, Patrick) |
| Filing 13 Joint STIPULATION OF DISMISSAL of Envista Forensics, LLC by Khiem Phan. (Lyster, Christopher) |
| Filing 12 AMENDED COMPLAINT WITH JURY DEMAND against Nationwide Property and Casualty Insurance Company filed by Khiem Phan. (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), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s)) (Lyster, Christopher) |
| Filing 11 RESPONSE filed by Khiem Phan re: #10 Order,,, (Morris, Juliana) |
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Filing 10
ORDER: Local Rule 83.9(a) allows a licensed attorney who is not admitted to practice in the Northern District of Texas to represent a party in proceedings in this court only by permission of the presiding judge. See N.D. TEX. R. 83.9(a). A review of the record reveals that Juliana E. Morris is not admitted in the Northern District of Texas, has not requested permission to represent his/her client, and therefore is not in compliance with Local Rule 83.9(a). Accordingly, within fourteen days of this Order, Juliana E. Morris shall file an application to proceed pro hac vice, or otherwise comply with Local Rule 83.9(a). Failure to do so may result in the imposition of sanctions and/or a ban from practicing in the Northern District of Texas. (Ordered by Judge Mark Pittman on 12/2/2021) (sre)
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| Filing 9 NOTICE of Defendant NPCIC's Designation of Local Counsel filed by Nationwide Property and Casualty Insurance Company (Kemp, Patrick) |
| Filing 8 Supplemental Document by Nationwide Property and Casualty Insurance Company as to #1 Notice of Removal,,,,, . (Attachments: #1 Exhibit(s) A) (Kemp, Patrick) |
| Filing 7 MOTION to Dismiss filed by Envista Forensics. Attorney Bennett Aaron Moss added to party Envista Forensics, LLC(pty:dft) (Moss, Bennett) Modified on 11/29/2021 (sre). |
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Filing 6
ORDER: A review of the record reveals that Defendant Nationwide Property and Casualty Insurance Company is not in compliance with Local Rule 83.10(a), as Defendants counsel are in Austin, Texas. Accordingly, no later than December 6, 2021, Defendant shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so may result in the imposition of sanctions and/or remand of this case without further notice. (Ordered by Judge Mark Pittman on 11/22/2021) (sre)
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Filing 5
ORDER: Lead counsel for each party (or designee attorney with appropriate authority) and any unrepresented party (except for a prisoner litigant proceeding pro se) shall confer (the "Scheduling Conference") in a face-to-face conference as soon as practicable. The Joint Report shall be filed on or before December 20, 2021. (Ordered by Judge Mark Pittman on 11/22/2021) (sre)
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Filing 4
ORDER: The Court ORDERS that: (1) on or before December 13, 2021, Plaintiff files 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) on or before January 3, 2022, Defendants 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 Plaintiffs' claims or granting of a default judgment, as appropriate. (Ordered by Judge Mark Pittman on 11/22/2021) (sre)
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| Filing 3 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. (sre) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Nationwide Property and Casualty Insurance Company identifying Corporate Parent/Other Affiliate Nationwide Mutual Insurance Company for Nationwide Property and Casualty Insurance Company. (Wall, Robert) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Nationwide Property and Casualty Insurance Company. (Filing fee $402; receipt number 0539-12400967) 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 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Cover Sheet, #5 Cover Sheet Supplement, #6 Additional Page(s) Index of Filings) (Kemp, Patrick) |
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