Winkler v. Nicholas, et al
Plaintiff: Geoff Winkler
Defendant: Jeffrey Nicholas, Troy Sutton, Allianz Life Financial Services, LLC and Allianz Life Insurance Company of North America
Case Number: 5:2023cv00074
Filed: April 3, 2023
Court: US District Court for the Northern District of Texas
Presiding Judge: Sam R Cummings
Nature of Suit: Contract: Other Contract
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 31, 2023 Filing 18 RESPONSE filed by Geoff Winkler re: #15 Amended MOTION to Dismiss - Second (Attachments: #1 Appendix) (Moore, John)
May 23, 2023 Filing 17 Agreed MOTION to Extend Time for Troy Sutton to Move or Answer filed by Geoff Winkler (Attachments: #1 Proposed Order) (Paddock, Robert)
May 12, 2023 Filing 16 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jeffrey Nicholas. (Clerk QC note: No affiliate entered in ECF). (Bustos, Fernando)
May 10, 2023 Filing 15 Second Amended MOTION to Dismiss Plaintiff's First Amended Complaint filed by Jeffrey Nicholas with Memorandum in Support. (Bustos, Fernando) Modified text on 5/11/2023 (bdg).
May 10, 2023 Filing 14 ***ATTORNEY CAUGHT AN ERROR IN DOCUMENT- REFILING MOTION*** Amended MOTION to Dismiss filed by Jeffrey Nicholas with Brief/Memorandum in Support. (Bustos, Fernando) Modified text on 5/11/2023 (bdg).
May 10, 2023 Filing 13 AMENDED COMPLAINT against Jeffrey Nicholas, Troy Sutton, Allianz Life Insurance Company of North America filed by Geoff Winkler. 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. (bdg)
May 10, 2023 Opinion or Order Filing 12 ORDER denied as moot #5 Motion to Dismiss for Failure to State a Claim; denied as moot #7 Motion to Dismiss for Failure to State a Claim; granting #11 Motion for Leave to File. The Clerk of Court is hereby directed to file Plaintiffs Exhibit A (attached to Document 11) as Plaintiff's First Amended Complaint. All pending Motions to Dismiss are DENIED AS MOOT without prejudice to refiling because they now address a non-live pleading. (Ordered by Senior Judge Sam R Cummings on 5/10/2023) (bdg)
May 9, 2023 Filing 11 Unopposed MOTION for Leave to File AmendComplaint filed by Geoff Winkler (Manning, Judson)
May 3, 2023 Filing 10 NOTICE of Attorney Appearance by Eric G Carlson on behalf of Allianz Life Financial Services, LLC. (Filer confirms contact info in ECF is current.) (Carlson, Eric)
May 1, 2023 Opinion or Order Filing 9 SCHEDULING ORDER: Amended Pleadings due by 9/1/2023. Deadline for mediation is on or before 5/1/2024. Motions in limine and Discovery due by 9/16/2024. Joinder of Parties due by 9/1/2023. Motions due by 5/1/2024. Bench Trial set for 10/7/2024 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 5/1/2023) (bmh)
April 27, 2023 Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Allianz Life Financial Services, LLC. (Clerk QC note: Affiliate entry indicated). (Carlson, Eric)
April 25, 2023 Filing 7 Motion to Dismiss for Failure to State a Claim filed by Jeffrey Nicholas with Brief/Memorandum in Support. (Bustos, Fernando)
April 20, 2023 Filing 6 Brief/Memorandum in Support filed by Allianz Life Financial Services, LLC re #5 Motion to Dismiss for Failure to State a Claim (Lewis, Wm)
April 20, 2023 Filing 5 Motion to Dismiss for Failure to State a Claim filed by Allianz Life Financial Services, LLC Attorney Wm Lance Lewis added to party Allianz Life Financial Services, LLC(pty:dft) (Lewis, Wm)
April 4, 2023 Filing 4 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. (bdg)
April 3, 2023 Filing 3 Appendix in Support filed by Jeffrey Nicholas re #1 Notice of Removal (Bustos, Fernando)
April 3, 2023 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jeffrey Nicholas. (Clerk QC note: No affiliate entered in ECF). (Bustos, Fernando)
April 3, 2023 Filing 1 NOTICE OF REMOVAL filed by Jeffrey Nicholas. (Filing fee $402; receipt number ATXNDC-13636175) 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 Cover Sheet, #2 Cover Sheet Supplement) (Bustos, Fernando)

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Plaintiff: Geoff Winkler
Represented By: J Paul Manning
Represented By: Robert L Paddock
Represented By: Judson Paul Manning
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Defendant: Jeffrey Nicholas
Represented By: Fernando M Bustos
Represented By: Matthew Nephi Zimmerman
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Defendant: Troy Sutton
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Defendant: Allianz Life Financial Services, LLC
Represented By: Wm Lance Lewis
Represented By: Eric G Carlson
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Defendant: Allianz Life Insurance Company of North America
Represented By: Wm Lance Lewis
Represented By: Eric G Carlson
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