See, Sell, Sold! Auctions v. ACE Property and Casualty Insurance Company et al
| See, Sell, Sold! Auctions and Marcus Harris |
| ACE Property and Casualty Insurance Company, Chubb Group of Insurance Companies and Save the Day Supplies |
| 4:2025cv01187 |
| October 23, 2025 |
| U.S. District Court for the Northern District of Texas |
| Mark Pittman |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 9, 2026. A more recent docket listing may be available from PACER.
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Filing 41
ORDER: This final judgment is issued pursuant to Federal Rule of Civil Procedure 58(a). In accordance with the Court's Order on this same day, this case is DISMISSED without prejudice. (Ordered by Judge Mark Pittman on 3/9/2026) (mmw)
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Filing 40
ORDER: The undersigned District Judge believes that the #39 Findings and Conclusions of the Magistrate Judge are correct, and they are accepted as the Findings and Conclusions of the Court. The Court therefore ORDERS that this case is DISMISSED without prejudice. (Ordered by Judge Mark Pittman on 3/9/2026) (mmw)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:40, 41. Mon Mar 9 09:07:03 CDT 2026 (crt) |
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Filing 39
Findings and Recommendations on Motion re:the Court RECOMMENDS that Defendant Save the Day Supplies's Rule 12(b)(1) Motion to Dismiss [doc. #30 ] be GRANTED. Further, the Court RECOMMENDS that See, Sell, Sold! Auctions' Corrected Motion for Leave to Amend Jurisdictional Allegations or to Sever Non-Diverse Party [doc. #35 ] be DENIED. The Court further RECOMMENDS that this case be DISMISSED WITHOUT PREJUDICE. (Ordered by Magistrate Judge Jeffrey L. Cureton on 2/18/2026) (wxc) Modified on 2/20/2026 (wxc).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:39. Wed Feb 18 16:40:50 CST 2026 (crt) |
| Filing 38 REPLY filed by Save the Day Supplies re: #35 MOTION to Amend/CorrectMOTION for Leave to File (Voss, Stephen) |
| Filing 37 Mail returned as undeliverable. 26 Order on Motion to Substitute Attorney, received back from Save the Day Supplies as Return to Sender-Not Deliverable as Addressed-Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (wxc) |
| Filing 36 RESPONSE filed by ACE Property and Casualty Insurance Company re: #35 MOTION to Amend/CorrectMOTION for Leave to File (Attachments: #1 Proposed Order denying Plaintiff's Motion for Leave) (Adler, Avniel) |
| Filing 35 Plaintiff's Corrected Motion for Leave to Amend Jurisdictional Allegations and in the Alternative Motion to Drop or Sever Non-Diverse Defendant Under Rule 21 filed by Marcus Harris (wxc) |
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Filing 34
Order Unfiling #33 Pleading due to the following deficiency: A motion for leave to amend must have a copy of the proposed amended pleading attached as an exhibit. See LR 15.1(a) and (b). If the motion for leave to amend is filed on paper, the motion must be accompanied by an original and second copy of the proposed amended pleading that is neither attached to the motion nor made an exhibit to the motion. See LR 15.1(a). (Ordered by Magistrate Judge Jeffrey L. Cureton on 2/3/2026) (wxc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:34. Tue Feb 3 14:34:06 CST 2026 (crt) |
| Filing 33 ***UNFILED PER ORDER #34 *** Motion for Leave to Amend Jurisdictional Allegations and in the Alternative Request for Rule 21 Severance filed by Marcus Harris (wxc) Modified on 2/3/2026 (wxc). |
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Filing 32
ORDER REQUIRING EXPEDITED BRIEFING: it is ORDERED that Plaintiff file a response to the Motion [doc. #30 ] no later than February 5, 2026. It is further ORDERED that Defendants file their reply, if any, no later than February 10, 2026. (Ordered by Magistrate Judge Jeffrey L. Cureton on 1/30/2026) (wxc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:32. Fri Jan 30 10:41:38 CST 2026 (crt) |
| Filing 31 NOTICE of Joinder in Defendant Save the Day Supplies' Rule 12(b)(1) Motion re: #30 MOTION to Dismiss filed by ACE Property and Casualty Insurance Company (Adler, Avniel) |
| Filing 30 MOTION to Dismiss filed by Save the Day Supplies with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Voss, Stephen) |
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Filing 29
ELECTRONIC ORDER granting Defendant Taniesha Johnson d/b/a Save the Day Medical Supplies Motion to Set Aside Entry of Default and for Leave to File Rule 12(B)(1) Motion to Dismiss #27 . It is ORDERED that the Clerks Entry of Default #17 is set aside. It is further ORDERED that Defendant Taniesha Johnson d/b/a Save the Day Medical Supplies may file her Rule 12(b)(1) Motion to Dismiss no later than February 2, 2026. (Ordered by Magistrate Judge Jeffrey L. Cureton on 1/27/2026) (chmb)
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| Filing 28 Appendix in Support filed by ACE Property and Casualty Insurance Company re #27 MOTION to Set Aside Default and for Leave to File Motion to Dismiss (Voss, Stephen) |
| Filing 27 MOTION to Set Aside Default and for Leave to File Motion to Dismiss filed by ACE Property and Casualty Insurance Company with Brief/Memorandum in Support. Attorney Stephen Kyle Voss added to party ACE Property and Casualty Insurance Company(pty:dft) (Voss, Stephen) |
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Filing 26
ELECTRONIC ORDER granting Motion to Substitute Attorney #25 . It is therefore ORDERED that Avniel J. Adler and Claire V. Ries of Walker Wilcox Matousek, LLP are substituted as attorneys of record for Defendant ACE Property and Casualty Insurance Company with Mr. Adler serving as lead counsel. All papers in this action should hereafter be served on Avniel J. Adler and Claire V. Ries of Walker Wilcox Matousek, LLP using the identifying information in the Motion granted by this Order. (Ordered by Magistrate Judge Jeffrey L. Cureton on 1/23/2026) (chmb)
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| Filing 25 Unopposed MOTION to Substitute Attorney, added attorney Avniel J Adler,Avniel J Adler,Claire Ries for ACE Property and Casualty Insurance Company. Motion filed by ACE Property and Casualty Insurance Company (Attachments: #1 Proposed Order Granting Defendant ACE Property and Casualty Ins. Co.'s Unopposed Motion to Substitute Counsel)Attorney Avniel J Adler added to party ACE Property and Casualty Insurance Company(pty:dft) (Adler, Avniel) |
| Filing 24 Mail returned as undeliverable. #22 received back from Save the Day Supplies as Return to Sender-Not Deliverable as Addressed-Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (wxc) |
| Filing 23 Sur-reply filed by ACE Property and Casualty Insurance Company re: #20 MOTION for Leave to File Sur-Reply (Christopher, Alissa) |
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Filing 22
ORDER REQUIRING DEFENDANT SAVE THE DAY SUPPLIES TO OBTAIN COUNSEL: It is ORDERED that Save The Day Supplies shall, no later than January 26, 2026, obtain counsel, who shall file a Notice of Appearance of Counsel with the clerk of this Court that contains the name, address, telephone and facsimile numbers, and signature of new counsel. Failure to timely comply with this order1 will result in appropriate sanctions including the entry of default judgment against Defendant. (Ordered by Magistrate Judge Jeffrey L. Cureton on 1/5/2026) (mmw)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:22. Mon Jan 5 11:17:22 CST 2026 (crt) |
| Filing 21 NOTICE to the Court and Request for Consider Additional Proof filed by Save the Day Supplies (mmw) |
| Filing 20 MOTION for Leave to File Sur-Reply filed by Marcus Harris (mmw) |
| Filing 19 REPLY filed by ACE Property and Casualty Insurance Company re: #13 Motion to Dismiss for Failure to State a Claim (Christopher, Alissa) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:17. Tue Dec 23 15:45:29 CST 2025 (crt) |
| Filing 18 Plaintiff's Rule 55(b)(2) Motion for Default Judgment filed by Marcus Harris (wxc) |
| Filing 17 Clerk's ENTRY OF DEFAULT as to Save the Day Supplies (wxc) |
| Filing 16 Request for Clerk to issue Clerk's Entry of Default filed by Marcus Harris. (wxc) |
| Filing 15 RESPONSE filed by Marcus Harris re: #13 Motion to Dismiss for Failure to State a Claim (wxc) |
| Filing 14 Appendix in Support filed by ACE Property and Casualty Insurance Company re #13 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Christopher, Alissa) |
| Filing 13 Motion to Dismiss for Failure to State a Claim filed by ACE Property and Casualty Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Alissa Kirksey Christopher added to party ACE Property and Casualty Insurance Company(pty:dft) (Christopher, Alissa) |
| Filing 12 SUMMONS Returned Executed as to ACE Property and Casualty Insurance Company ; served on 11/21/2025; Chubb Group of Insurance Companies ; served on 11/21/2025; Save the Day Supplies ; served on 11/18/2025. (wxc) |
| Filing 11 Summons Issued as to ACE Property and Casualty Insurance Company, Chubb Group of Insurance Companies, Save the Day Supplies. (wxc) |
| Filing 10 Request for Clerk to issue Summons filed by Marcus Harris, See, Sell, Sold! Auctions. (wxc) |
| Filing 9 AMENDED COMPLAINT against ACE Property and Casualty Insurance Company, Chubb Group of Insurance Companies, Save the Day Supplies filed by See, Sell, Sold! Auctions, Marcus Harris. 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. (wxc) |
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Filing 8
ORDER REGARDING PLAINTIFF'S MOTION TO VACATE OR AMEND ORDER REQUIRING COUNSEL: Before the Court is Plaintiffs Motion to Vacate or Amend Order Requiring Counsel ("Motion") [doc. #6 ]. It is ORDERED that Plaintiff shall be permitted to proceed pro se in this litigation and need not obtain counsel by November 20, 2025. (Ordered by Magistrate Judge Jeffrey L. Cureton on 10/31/2025) (saw)
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Filing 7
Order Unfiling Pleading #5 Attempted Proof of Service filed by See, Sell, Sold! Auctions due to the following deficiency: It appears that this document is an attempt by Plaintiff to prove service of summons on a Defendant in this case; however, no summons has been issued in this case. If, instead, Plaintiff is attempting to request the issuance of a summons from the Clerk of the Court, Plaintiff should fill out an AO-440 form for each Defendant, and return the form to the Clerk of the Court. An AO-440 form can be found at https:// www.txnd.uscourts.gov/forms/all. (Ordered by Magistrate Judge Jeffrey L. Cureton on 10/31/2025) (wxc)
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| Filing 6 Plaintiff's Motion to Vacate or Amend Order Requiring Counsel filed by Marcus Harris on behalf of See, Sell, Sold! Auctions (wxc) |
| Filing 5 ***UNFILED PER ORDER #7 *** Attempted Proof of Service filed by See, Sell, Sold! Auctions. (wxc) Modified docket text on 10/31/2025 (wxc). Modified on 10/31/2025 (wxc). |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Fri Oct 31 16:50:34 CDT 2025 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Fri Oct 31 15:36:20 CDT 2025 (crt) |
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Filing 4
ORDER REQUIRING PLAINTIFF SEE, SELL, SOLD! AUCTIONS TO OBTAIN COUNSEL: it is ORDERED that Plaintiff shall, no later than November 20, 2025, obtain counsel, who shall file a Notice of Appearance of Counsel with the clerk of this Court that contains the name, address, telephone and facsimile numbers, and signature of new counsel. Failure to timely comply with this order will result in the undersigned recommending dismissal of this action. See Lowe v. Eltan, B.V., No. 9:05-CV-38, 2013 WL 1196536, at *8 (E.D. Tex. Feb. 21, 2013) (When a corporation is unrepresented by counsel, the court may properly dismiss its claims.). (Ordered by Magistrate Judge Jeffrey L. Cureton on 10/30/2025) (wxc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Thu Oct 30 15:32:11 CDT 2025 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:2,3. Fri Oct 24 12:39:01 CDT 2025 (crt) |
| Filing 3 Notice and Instruction to Pro Se Party (wxc) |
| Filing 2 New Case Notes: A filing fee has been paid. CASREF case referral set (see Special Order 3). Magistrate Judge Cureton preliminarily assigned. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) 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. All counsel and unrepresented parties are also reminded of the judge-specific requirement that they read and abide by (1) Dondi Properties Corp. v. Commerce Savings & Loan Assoc., 121 F.R.D. 284 (N.D. Tex. 1988);(2) the Local Civil Rules of the United States District Court for the Northern District of Texas;(3) the Texas Lawyers Creed;(4) the Texas Disciplinary Rules of Professional Conduct;and (5) Judge-Specific Requirements of Judge Pittman. (wxc) |
| Filing 1 COMPLAINT against ACE Property and Casualty Insurance Company, Chubb Group of Insurance Comapnies filed by Marcus Harris. (Filing fee $405.00; Receipt number 400005238) 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. (wxc) |
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