Ewards v. State Auto Property and Casualty Insurance Company
| Bradley Ewards |
| State Auto Property and Casualty Insurance Company |
| 5:2023cv00038 |
| February 23, 2023 |
| U.S. District Court for the Northern District of Texas |
| Sam R Cummings |
| Contract: Insurance |
| 28 U.S.C. ยง 1446 Breach of Contract- Insurance |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 27, 2023. A more recent docket listing may be available from PACER.
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Filing 7
ORDER granting #6 Motion to Sever. IT IS THEREFORE ORDERED that Plaintiff's causes of action against Defendant for breach of contract and violations of Chapters 541 and 542 of the Texas Insurance Code are SEVEREDfrom the above-referenced cause. IT IS FURTHER ORDERED that Plaintiff's causes of action against Defendant for breach of contract and violations of Chapters 541 and 542 of the Texas Insurance Code, and all discovery related to these causes of action, are ABATED until such time as the alleged uninsured motorist'sliability and the amount of Plaintiff's damages are judicially determined. (Ordered by Senior Judge Sam R Cummings on 3/27/2023) (bmh)
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| Filing 6 Agreed MOTION to Sever and Abate filed by State Auto Property and Casualty Insurance Company (Attachments: #1 Proposed Order) (Diksa, Michael) Modified text on 3/24/2023 (bdg). |
| Filing 5 CERTIFICATE OF SERVICE by Bradley Ewards Plaintiff's Initial Disclosures (Gomez, Michael) |
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Filing 4
SCHEDULING ORDER: Amended Pleadings due by 7/3/2023. Deadline for mediation is on or before 3/1/2024. Discovery due by 7/29/2024. Joinder of Parties due by 7/3/2023. Motions for summary judgment due by 3/1/2024. Jury Trial set for 8/19/2024 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 3/7/2023) (bdg)
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| Filing 3 New Case Notes: A filing fee has been paid. 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. (bmh) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State Auto Property and Casualty Insurance Company. (Clerk QC note: No affiliate entered in ECF). (Tillman, Mark) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by State Auto Property and Casualty Insurance Company. (Filing fee $402; receipt number ATXNDC-13540609) 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-Index of All documents filed in State Court, #2 Exhibit(s) B-Lubbock County District Court Case Docket, #3 Exhibit(s) C-Citation and Plaintiff's Original Petition, #4 Exhibit(s) C-1-Affidavit of Service, #5 Exhibit(s) C-2-Defendant's Answer to Plaintiff's Original Petition, #6 Cover Sheet, #7 Cover Sheet Supplement) (Tillman, Mark) |
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| Plaintiff: Bradley Ewards | |
| Represented By: | Davis Wade Smith |
| Represented By: | E Ryne Hutcheson |
| Represented By: | Michael J Gomez |
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| Defendant: State Auto Property and Casualty Insurance Company | |
| Represented By: | Mark D Tillman |
| Represented By: | Michael C Diksa |
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