Uselton v. State Farm Lloyds
| James C. Uselton, Jr. |
| State Farm Lloyds |
| 4:2022cv00349 |
| April 22, 2022 |
| US District Court for the Northern District of Texas |
| Terry R Means |
| Contract: Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Both |
Docket Report
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Filing 16
ORDER DENYING MOTION TO DISMISS EXTRA-CONTRACTUAL CLAIMS AND DISMISSING THOSE CLAIMS WITH PREJUDICE: Pending before the Court is the 12(b)(6) Motion for Dismissal of Extra- Contractual Allegations (doc. #5 ) filed by defendant State Farm Lloyds on April 29, 2022. On May 12, Plaintiff responded to the motion, indicating therein that the parties had reached an agreement to dismiss certain of Plaintiff's claims and for Plaintiff to file an amended complaint. That amended pleading was filed on May 6, and it omits the extra-contractual claims that the parties agreed to dismiss. Consequently, Defendant's motion to dismiss is DENIED as MOOT. Furthermore, in light of the parties' agreement, Plaintiffs previously pled claims of breach of the duty of good faith and fair dealing, violations of the Texas Deceptive Trade Practices Act and section 541 of the Texas Insurance Code, and common law fraud are hereby DISMISSED WITH PREJUDICE. (Ordered by Senior Judge Terry R Means on 6/2/2022) (sre)
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Filing 15
INITIAL SCHEDULING ORDER: Joinder of Parties due by 7/18/2022. Plaintiff's Amended Pleadings due by 7/18/2022. Defendant's Amended Pleadings due by 8/26/2022. Discovery due by 12/1/2022. Motions due by 2/10/2023. (Ordered by Senior Judge Terry R Means on 6/1/2022) (bdb)
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Filing 14
ORDER OF REFERRAL FOR MEDIATION IN JANUARY 2023: The parties are to select or designate a mediator. The parties are to complete mediation during the month of January 2023. ADR Summary provided as Exhibit B to the order. Deadline for parties to designate a mediator is on or before 11/1/2022. (Ordered by Senior Judge Terry R Means on 6/1/2022) (bdb)
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| Filing 13 Joint STATUS REPORT and Proposed Discovery Plan filed by State Farm Lloyds. (Lux, Erica) |
| Filing 12 AMENDED ANSWER to #7 Amended Complaint,, filed by State Farm Lloyds (Lux, Erica) |
| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by James C. Uselton, Jr. (Clerk QC note: No affiliate entered in ECF). (Jewell, John) |
| Filing 10 NOTICE of Attorney Appearance by William D Taylor on behalf of James C. Uselton, Jr. (Filer confirms contact info in ECF is current.) (Taylor, William) |
| Filing 9 RESPONSE filed by James C. Uselton, Jr re: #5 MOTION to Dismiss Extra-Contractual Claims and Brief in Support (Attachments: #1 Proposed Order) (Jewell, John) |
| Filing 8 NOTICE of CONSENT TO AMEND COMPLAINT re: #7 Amended Complaint,, filed by James C. Uselton, Jr (Attachments: #1 Exhibit(s) A) (Jewell, John) |
| Filing 7 AMENDED COMPLAINT WITH JURY DEMAND against State Farm Lloyds filed by James C. Uselton, Jr. 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. (Jewell, John) |
| Filing 6 Appendix in Support filed by State Farm Lloyds re #5 MOTION to Dismiss Extra-Contractual Claims and Brief in Support (Lux, Erica) |
| Filing 5 MOTION to Dismiss Extra-Contractual Claims and Brief in Support filed by State Farm Lloyds with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Lux, Erica) |
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Filing 4
ORDER TO SUBMIT JOINT STATUS REPORT AND PROPOSED DISCOVERY PLAN: The parties are ordered to electronically file with the clerk of the court the signed joint status report and proposed discovery plan (one instrument) within 28 days of the date of the filing of this order. (Ordered by Senior Judge Terry R Means on 4/27/2022) (sre)
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| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State Farm Lloyds. (Clerk QC note: No affiliate entered in ECF). (Lux, Erica) |
| Filing 2 New Case Notes: A filing fee has been paid. File to: Judge Means. 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. (sre) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by State Farm Lloyds. (Filing fee $402; receipt number 0539-12771009) 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 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Cover Sheet Cover Sheet, #10 Cover Sheet Supplement Cover Sheet Supplement) (Lux, Erica) |
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