Berkley Insurance Company v. Jimenez et al
| Berkley Insurance Company |
| Stephanie Rincon Jimenez and Enos Ferdinand |
| 4:2023cv00847 |
| August 14, 2023 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Torts/Pers Prop: Other Fraud |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| None |
Docket Report
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Filing 14
ORDER...Before the Court is Plaintiff Berkley Insurance Company's Motion for Clerks Entry of Default (ECF No. #11 ), filed September 18, 2023, and Motion for Default Judgment (ECF No. #13 ), filed September 27, 2023, against Defendants Stephanie Rincon Jimenez and Enos Ferdinand. The Clerk of the Court entered default against Defendants on September 18, 2023. See Clerks Entry of Default, ECF No. #12 . The Court hereby REFERS these motions and all related responses, replies, briefs insupport, and appendices, etc., to United States Magistrate Judge Ray. Motion(s) referred to Magistrate Judge Hal R. Ray, Jr. (Ordered by Judge Reed C. O'Connor on 10/5/2023) (wxc)
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| Filing 13 MOTION for Default Judgment against All Defendants filed by Berkley Insurance Company (Attachments: #1 Exhibit(s) 1 - Declaration of Sherry Wersten, #2 Exhibit(s) 2 - Affidavit of Austin Brakebill) (Keeley, Michael) |
| Filing 12 Clerk's ENTRY OF DEFAULT as to Enos Ferdinand, Stephanie Rincon Jimenez (wxc) |
| Filing 11 Combined Request for Clerks Entry of Default and MOTION for Default Judgment against Berkley Insurance Company filed by Berkley Insurance Company (Attachments: #1 Exhibit(s) 1 - Affidavit of Austin Brakebill, #2 Exhibit(s) 2 - Declaration of Sherry Wersten, #3 Proposed Order - Proposed Entry of Default) (Brakebill, Philip) |
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Filing 10
ORDER...the Court ORDERS Plaintiff to move for entry of default against Defendants no later than September 28, 2023 and, upon entry of default, to file a motion for default judgment under Federal Rule of Civil Procedure 55. If necessary, and pursuant to Federal Rule of Civil Procedure 41(b), the Court will dismiss the Complaint without prejudice if no such motion is filed. (Ordered by Judge Reed C. O'Connor on 9/14/2023) (wxc)
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| Filing 9 SUMMONS Returned Executed as to Enos Ferdinand ; served on 8/16/2023. (Brakebill, Philip) |
| Filing 8 SUMMONS Returned Executed as to Stephanie Rincon Jimenez ; served on 8/16/2023. (Brakebill, Philip) |
| Filing 7 Summons Issued as to Enos Ferdinand, Stephanie Rincon Jimenez. (Attachments: #1 Summons Jimenez) (wxc) |
| Filing 6 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 5 Request for Clerk to issue Summons filed by Berkley Insurance Company. (Keeley, Michael) |
| Filing 4 Request for Clerk to issue Summons filed by Berkley Insurance Company. (Keeley, Michael) |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Berkley Insurance Company. (Clerk QC note: Affiliate entry indicated). (Keeley, Michael) |
| Filing 2 NOTICE of Attorney Appearance by Philip Austin Brakebill on behalf of Berkley Insurance Company. (Filer confirms contact info in ECF is current.) (Brakebill, Philip) |
| Filing 1 COMPLAINT against All Defendants filed by Berkley Insurance Company. (Filing fee $402; Receipt number ATXNDC-13953456) Plaintiff will submit summons(es) for issuance. 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, 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) A - Audit Report, #2 Exhibit(s) B - Summary of Total Loss, #3 Exhibit(s) C - Warranty Deed, #4 Exhibit(s) D - Certificate of Formation of DFW Elite Motors, LLC, #5 Exhibit(s) E - Executed Partial Release and Assignment, #6 Exhibit(s) F - May 8, 2023 Demand Letter, #7 Exhibit(s) G - June 15, 2023 Demand Letter, #8 Cover Sheet Civil Cover Sheet) (Keeley, Michael) |
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