Bailey et al v. Fidelity Insurance Company et al
| Dorothy Bailey and Wade Bailey |
| Texas Windstorm Insurance Association and Fidelity Insurance Company |
| 3:2009cv00221 |
| September 14, 2009 |
| U.S. District Court for the Southern District of Texas |
| Galveston Office |
| Galveston |
| John R Froeschner |
| Insurance |
| 42 U.S.C. § 4072 |
| None |
Docket Report
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Filing 39
ORDER OF DISMISSAL - case settled - 60-Day Administrative Closing Order entered. Case terminated on 1/17/12.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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| Filing 38 Letter/E-mail notification from counsel for Deft re: settlement reached in case, filed. (sanderson, ) |
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Filing 37
ORDER that a Bench Trial is set for 2/27/2012 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner in Galveston, Tx.; the Parties SHALL file their Proposed Findings of Fact and Conclusions of Law on or before Tuesday, February 21, 2012.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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| Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE PRETRIAL CONFERENCE held on 11/18/2011. Appearances:Brad Jones. Mark Alan Junell, Deani Beard Milano., filed....**** Bench Trial date set: 2/27/12 @ 9:30. Order to follow(sanderson, ) |
| Filing 36 Expert Report of 1 by Dorothy Bailey, Wade Bailey, filed. (Attachments: #1 Exhibit Exhibit A)(Junell, Mark) |
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Filing 35
SCHEDULING ORDER - Having reviewed the Joint Status Report submitted by counsel of record in this cause, the Court issues the following Docket Control Order: Pltf New Damages Expert Witness List due by 8/5/2011. Discovery due by 11/10/2011....**** Telephone Pretrial Conference set for 11/18/2011 at 11:00 AM before Magistrate Judge John R Froeschner.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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| Filing 34 STATUS REPORT by Fidelity Insurance Company, filed.(Benavides, Michelle) |
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Filing 33
ORDER that the Parties SHALL submit a Joint Status Report by 7/1/2011.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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Filing 32
ORDER OF PARTIAL DISMISSAL - Having received no response in opposition to this Courts Show Cause Order, dated March 16, 2011, it is ORDERED that all claims, except the breach of contract cause of action, asserted by Plaintiffs, Wade and Dorothy Bailey, against Defendants, Fidelity Insurance Company, are DISMISSED as preempted by federal law.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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Filing 31
OPINION AND ORDER that Pltfs' jury demand, insofar as it seeks a jury trial against Dft Fidelity is VACATED.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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Filing 30
ORDER TO SHOW CAUSE - Pltf to SHOW CAUSE why any and all claims asserted against a WYO carrier arising from claims handling, except for breach of contract, should not be dismissed as preempted by federal law; Show Cause Response due by 4/1/2011.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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Filing 29
ORDER that pursuant to the consent of the Parties to proceed before this Court, it is ORDERED that the Docket Control Order (Instrument no. 21) previously entered by the District Court in this cause is VACATED and all deadlines and court settings, to include the Docket Call setting of March 21, 2011, are CANCELLED. It is further ORDERED that this Court, at a later date, WILL set a Telephone Scheduling Conference to discuss the imposition of a new Docket Control Order., Deadlines terminated.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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Filing 28
CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE by Dorothy Bailey, Wade Bailey, Fidelity Insurance Company, Fidelity National Financial, Texas Windstorm Insurance Association and ORDER TRANSFERRING CASE to Magistrate Judge John R Froeschner. Magistrate Judge John R Froeschner and Judge Kenneth M. Hoyt no longer assigned to the case..(Signed by Judge Kenneth M. Hoyt) Parties notified.(ccarnew, )
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| Filing 27 PROPOSED CONSENT to Jurisdiction by US Magistrate Judge by Dorothy Bailey, Wade Bailey, Fidelity Insurance Company, filed....(Forwarded to District Court for consideration)(sanderson, ) |
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Filing 26
ORDER OF Partial DISMISSAL #25 Stipulation of Dismissal.(Signed by Judge Kenneth M. Hoyt) Parties notified.(lusmith, )
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| Filing 25 STIPULATION of Dismissal Joint Stipulation of Partial Dismissal with Prejudice by Texas Windstorm Insurance Association, filed. (Attachments: #1 Proposed Order Order of Partial Dismissal with Prejudice)(Kessler, Maxwell) |
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Filing 24
ORDER granting #23 Motion to Appear Pro Hac Vice of Attorney Tom W Thornhill for Pltfs Wade & Dorthy Bailey.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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| Filing 23 MOTION to Appear Pro Hac Vice of Tom W. Thornhill to appear for Pltfs. Motions referred to John R Froeschner. Motion Docket Date 1/25/2011. (Attachments: #1 Proposed Order)(dwilkerson, ) |
| Filing 22 NOTICE of Appearance by Deani Beard Milano on behalf of Fidelity Insurance Company, filed. (Milano, Deani) |
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Filing 21
ORDER granting #19 Motion to Modify Deadlines and for Continuance. It is further ORDERED that the Parties SHALL complete discovery by 12/23/10 and filed dispositive motions by 1/14/11. It is further ORDERED that Docket Call is set for 3/21/11 @ 9:30 a.m. before the District Court in Galveston, Tx. No further continuances SHALL be granted in this cause.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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| CONTINUATION OF ENTRY #21 FOR STATISTICAL PURPOSES - Discovery due by 12/23/2010, Dispositive Motion Filing due by 1/14/2011...**** Docket Call set for 3/21/2011 at 09:30 AM in Sixth Floor Courtroom before Judge Kenneth M. Hoyt in Galveston, Tx.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, ) |
| Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE MOTION HEARING re: #19 Joint Motion to Modify Deadlines and for Continuance held on 9/24/2010. Appearances: Mark Alan Junell, Lisa Pair, Maxwell Micah Kessler.... Motion discussed with Court. Ruling to follow, filed.(sanderson, ) |
| Filing 20 NOTICE of Setting re: #19 Joint MOTION to Modify Deadlines and for Continuance of Trial. Parties notified....****** Telephone Motion Hearing set for 9/24/2010 at 09:45 AM before Magistrate Judge John R Froeschner, filed. (sanderson, ) |
| Filing 19 Joint MOTION to Modify Deadlines and for Continuance of Trial as to #15 Order Following Telephone Scheduling Conference,, Motions referred to John R Froeschner. by Fidelity Insurance Company, filed. Motion Docket Date 10/5/2010. (Attachments: #1 Proposed Order Order on Joint Motion to Modify Discovery Deadlines and Continuance of Trial)(Benavides, Michelle) |
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Filing 18
ORDER REFERRING CASE to Magistrate Judge John R Froeschner.(Signed by Judge Kenneth M. Hoyt) Parties notified.(lusmith, )
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| Filing 17 Expert Report of 1 by Dorothy Bailey, Wade Bailey, filed. (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3, #4 Exhibit A4)(Junell, Mark) |
| Filing 16 INITIAL DISCLOSURES by Dorothy Bailey, Wade Bailey, filed.(Junell, Mark) |
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Filing 15
ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on 2/17/10. Appearances: Deani Milano, Ryan Newan. Appearances: Mark Alan Junell, Michelle Benavides. ETT: 3-4 days. Bench. Pltf Expert Witness List due by 7/1/2010 Pltf Expert Report due by 7/1/2010 Deft Expert Witness List due by 8/1/2010 Deft Expert Report due by 8/1/2010 Discovery due by 9/30/2010 Dispositive Motion Filing due by 9/30/2010 Docket Call set for 11/15/2010 at 09:30 AM in Sixth Floor Courtroom before Judge Kenneth M. Hoyt.(Signed by Judge Kenneth M. Hoyt) Parties notified.(ccarnew, )
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| Filing 14 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Fidelity Insurance Company, filed.(Benavides, Michelle) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT by Fidelity Insurance Company, filed.(Benavides, Michelle) |
| Filing 12 ANSWER to #1 Complaint by Fidelity Insurance Company, filed.(Benavides, Michelle) |
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Filing 11
ORDER granting #5 Motion for Continuance Telephone Conference set for 2/17/2010 at 03:15 PM by telephone before Judge Kenneth M. Hoyt.(Signed by Judge Kenneth M. Hoyt) Parties notified.(ltrevino, )
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| Filing 10 CERTIFICATE OF INTERESTED PARTIES by Wade and Dorothy Bailey, filed.(ltrevino, ) |
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Filing 9
ORDER granting #7 Motion for Extension of Time Answer due by 12/23/2009.(Signed by Judge Kenneth M. Hoyt) Parties notified.(lusmith, )
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| Filing 8 ANSWER to Complaint by Texas Windstorm Insurance Association, filed.(Kessler, Maxwell) |
| Filing 7 Unopposed MOTION for Extension of Time To File Responsive Pleadings by Fidelity Insurance Company, filed. Motion Docket Date 12/23/2009. (Attachments: #1 Proposed Order)(Benavides, Michelle) |
| Filing 6 First AMENDED RETURN of Service of SUMMONS Executed as to Texas Windstorm Insurance Association served on 11/12/2009, answer due 12/2/2009, filed.(jewilliams, ) |
| Filing 5 MOTION for Continuance of Conference and Disclosure of Interested Parties by Dorothy Bailey, Wade Bailey, filed. Motion Docket Date 12/8/2009. (pjameson, ) |
| Summons Issued as to Fidelity National Property and Casualty Insurance Company, filed.(bdaniel, ) |
| Summons Issued as to Texas Windstorm Insurance Association, filed.(nochsner) |
| Filing 4 RETURN of Service of SUMMONS Executed as to Texas Windstorm Insurance Association served on 10/7/2009, answer due 10/27/2009, filed.(bthomas, ) |
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Filing 3
ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Telephone Conference set for 11/18/2009 at 04:15 PM by telephone before Judge Kenneth M. Hoyt.(Signed by Judge Kenneth M. Hoyt) Parties notified.(ltrevino, )
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| Summons Issued as to Fidelity Insurance Company, Texas Windstorm Insurance Association, filed.(ltrevino, ) |
| Filing Fee Filing fee re: #1 Complaint : $350.00, receipt number 322774, filed. (ltrevino, ) |
| Filing 2 CLERKS NOTICE on Mandatory Electronic Filing re: #1 Complaint. Party notified, filed. (kstrouse, ) |
| Filing 1 COMPLAINT against all defendants (Filing fee $ 350) filed by Wade Bailey, Dorothy Bailey. (Attachments: #1 Civil Cover Sheet)(kstrouse, ) |
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