Armstrong et al v. Fidelity National Property and Casualty Insurance Company
| Mike Armstrong and Peggy Armstrong |
| Fidelity National Property and Casualty Insurance Company |
| 3:2010cv00202 |
| May 21, 2010 |
| US District Court for the Southern District of Texas |
| Galveston Office |
| Galveston |
| John R Froeschner |
| Insurance |
| 12 U.S.C. § 635 |
| None |
Docket Report
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Filing 42
FINAL JUDGMENT in favor of Dft and against Pltf. It is, therefore, ORDERED and ADJUDGED that Plaintiffs, Mike and Peggy Armstrong, RECOVER NOTHING, that their action is DISMISSED on the merits with prejudice, and that each Party SHALL bear its own costs.. Case terminated on 2/25/14(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
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Filing 41
OPINION AND ORDER granting #36 Motion for Summary Judgment and that all remaining claims asserted against Fidelity by Plaintiffs, Mike and Peggy Armstrong, are DISMISSED.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
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| Filing 40 REPLY in Support of #36 MOTION for Summary Judgment and Incorporated Memorandum in Support, filed by Fidelity National Property and Casualty Insurance Company. (Attachments: #1 Exhibit Reply Exhibit 1, #2 Exhibit Reply Exhibit 2, #3 Exhibit Reply Exhibit 3)(Pair, Lisa) |
| Filing 39 RESPONSE in Opposition to #36 MOTION for Summary Judgment and Incorporated Memorandum in Support, filed by Mike Armstrong, Peggy Armstrong. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Proposed Order)(Sandoval, Elizabeth) |
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Filing 38
ORDER that at the request of the Parties the response and repoly deadlines are EXTENDED re: #36 MOTION for Summary Judgment and Incorporated Memorandum in Support ; Pltf's Response due by 1/10/2014. Dft's Reply, if any, due by 1/17/2014(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
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Filing 37
ORDER that at the request of the Parties the response and reply deadlines are EXTENDED re: #36 MOTION for Summary Judgment and Incorporated Memorandum in Support ; Pltfs' Responses due by 12/18/2013. Dft's Reply, if any, due by 1/3/2014(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
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| Filing 36 MOTION for Summary Judgment and Incorporated Memorandum in Support by Fidelity National Property and Casualty Insurance Company, filed. Motion Docket Date 11/15/2013. (Attachments: #1 Exhibit 1-10, #2 Exhibit 11-19, #3 Proposed Order proposed Order)(Pair, Lisa) |
| Filing 35 NOTICE of Attorney Termination by Mike Armstrong, Peggy Armstrong, filed. (Sandoval, Elizabeth) |
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Filing 34
ORDER granting #33 Second Unopposed Motion for Extension of Time to file its Motion for Summary Judgment/Dispositive Motion; Dft's MSJ due 10/25/13; Plas' Response due 11/15/13; Dft's reply, if any, due 11/22/13.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
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| Filing 33 Unopposed MOTION for Extension of Time to File Its Motion for Summary Judgment/Dispositive Motions by Fidelity National Property and Casualty Insurance Company, filed. Motion Docket Date 10/31/2013. (Attachments: #1 Proposed Order Granting Defendant's Second Unopposed Motion For Extension of Time)(Pair, Lisa) |
| CONTINUATION OF ENTRY #34 FOR STATISTICAL PURPOSES - Dispositive Motion Filing due by 10/25/2013. Responses due by 11/15/2013. Replies due by 11/22/2013(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
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Filing 32
ORDER granting #31 Unopposed Motion for Extension of Time to file Motion for Summary Judgment; Dft's MSJ due 10/11/13; Response due 11/1/13; Reply, if any, due 11/8/13.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
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| CONTINUATION OF ENTRY #32 FOR STATISTICAL PURPOSES - Dispositive Motion Filing due by 10/11/2013. Responses due by 11/1/2013. Replies due by 11/8/2013(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
| Filing 31 Unopposed MOTION for Extension of Time to File its Motion for Summary Judgment/Dispositive Motions by Fidelity National Property and Casualty Insurance Company, filed. Motion Docket Date 10/16/2013. (Attachments: #1 Proposed Order Granting Unopposed Motion for Extension of Time)(Pair, Lisa) |
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Filing 30
SCHEDULING ORDER - Dispositive Motion Filing due by 9/27/2013. Responses due by 10/18/2013. Reply, if any, due 10/25/13(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 SCHEDULING CONFERENCE held on 7/19/2013. Appearances: Elizabeth Sandoval, Deani Beard Milano., filed.(sanderson, )***Deadlines discussed in case. Order to follow. |
| Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE SCHEDULING CONFERENCE held on 6/7/2013. Appearances: Elizabeth Sandoval, Deani Beard Milano, Brad Jones., filed.(sanderson, )*** Case discussed with Court. Phone Conf set 7/19. Ntc to follow. |
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Filing 29
ORDER that Pltfs' expert to be deposed by 5/31. It is further ORDERED that a *** Telephone Scheduling Conference is set for 6/7/2013 at 10:00 AM before Magistrate Judge John R Froeschner(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, ) ***The Parties should call the Courts conference line at (409) 763-7881, at the designated time.
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| Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 4/26/2013. Appearances: Jeremy Masten, Deani Beard Milano., filed.(sanderson, )*** Status of case discussed with Court. Pltf's expert to be deposed by 5/31. Phone Sked Conf set 6/7/13. Order to follow. |
| Filing 28 NOTICE of Appearance by Jeremy Masten on behalf of Mike Armstrong, Peggy Armstrong, filed. (Masten, Jeremy) |
| Filing 27 NOTICE of Setting. Parties notified....*** Telephone Status Conference set for 4/26/2013 at 10:00 AM before Magistrate Judge John R Froeschner, filed. (sanderson, ) ***The Parties should call the Courts conference line at (409) 763-7881, at the designated time. |
| Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 2/28/2013. Appearances: Elizabeth Sandoval, Deani Beard Milano, Will DeJean, Lisa Pair., filed.(sanderson, )*** Status of case discussed with Court. Phone Status Conf set 4/26/13. Ntc to follow |
| Filing 26 NOTICE of Setting. Parties notified....*** Telephone Status Conference set for 2/28/2013 at 11:00 AM before Magistrate Judge John R Froeschner, filed. (sanderson, ) ***The Parties should call the Courts conference line at (713) 250-5859, at the designated time. |
| Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 12/18/2012. Appearances:Lisa Pair. Elizabeth Sandoval, Deani Beard Milano., filed.(sanderson, )*** Status of case discussed with Court. Phone Conf set 2/28/13. Ntc to follow. |
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Filing 25
ORDER that the Parties SHALL complete all of the remaining discovery specifically listed in the Report on or before November 30, 2012; Discovery due by 11/30/2012..(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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| Filing 24 STATUS REPORT by Mike Armstrong, Peggy Armstrong, filed.(Masten, Jeremy) |
| Filing 23 NOTICE of Appearance by Jeremy M. Masten on behalf of Mike Armstrong, Peggy Armstrong, filed. (Masten, Jeremy) |
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Filing 22
ORDER that all remaining discovery SHALL be completed on or before May 4, 2012. If the case is does not settle in the meantime, the Parties SHALL file a Joint Status Report on Friday, May 11, 2012, and the Court WILL, set a Scheduling Conference to establish a prompt and reliable trial date....*** Discovery due by 5/4/2012. Status Report due by 5/11/2012.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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Filing 21
ORDER that the Parties SHALL complete all remaining discovery specifically listed in the Report by 12/30/2011..(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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| Filing 20 STATUS REPORT by Mike Armstrong, Peggy Armstrong, Fidelity National Property and Casualty Insurance Company, filed.(Benavides, Michelle) |
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Filing 19
ORDER that the Parties SHALL file a Joint Status Report by 7/1/2011.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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Filing 18
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, Mike Armstrong and Peggy Armstrong, against Defendant, Fidelity National Property and Casualty Insurance Company, are DISMISSED as preempted by federal law.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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| Filing 17 NOTICE of attorney substitution by Mike Armstrong, Peggy Armstrong. Attorney Elizabeth L. Sandoval added. Attorney James Clifton Wilkerson terminated, filed. (Sandoval, Elizabeth) |
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Filing 16
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 15
ORDER that pursuant to the consent of the Parties to proceed before this Court, it is ORDERED that the Docket Control Order (Instrument no. 9) previously entered by the District Court in this cause is VACATED and all deadlines and court settings, to include the Docket Call setting of July 18, 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 14
CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE by Mike Armstrong, Peggy Armstrong, Fidelity National Financial, Inc., Fidelity National Insurance Company, Fidelity National Property and Casualty Insurance Company, National Alliance Marketing Group, Inc., Specialized Loan Servicing, L.L.C. 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 13 CONSENT to Jurisdiction by US Magistrate Judge by Fidelity National Property and Casualty Insurance Company, filed.(Benavides, Michelle) |
| Filing 12 DESIGNATION OF EXPERT WITNESS LIST by Mike Armstrong, Peggy Armstrong, filed. (Attachments: #1 Report and Attachments, #2 Exhibit Exhibit)(Wilkerson, James) |
| Filing 11 NOTICE of Appearance by Deani Beard Milano on behalf of Fidelity National Property and Casualty Insurance Company, filed. (Milano, Deani) |
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Filing 10
ORDER REFERRING CASE to Magistrate Magistrate Judge John R Froeschner.(Signed by Judge Kenneth M. Hoyt) Parties notified.(ccarnew, )
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Filing 9
ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on 8/25/10. Appearances: LIsa M. Pair, Deani B Milano, James Clifton Wilkerson. ETT: 3 days. Bench Trial. Pltf Expert Witness List due by 1/5/2011 Pltf Expert Report due by 1/5/2011 Deft Expert Witness List due by 2/5/2011 Deft Expert Report due by 2/5/2011 Discovery due by 4/30/2011 Dispositive Motion Filing due by 5/15/2011 Initial Disclosure due by 9/12/2010 Docket Call set for 7/18/2011 at 09:30 AM in Sixth Floor Courtroom before Judge Kenneth M. Hoyt.(Signed by Judge Kenneth M. Hoyt) Parties notified.(lusmith, )
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| Filing 8 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Fidelity National Property and Casualty Insurance Company, filed.(Benavides, Michelle) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT by Fidelity National Property and Casualty Insurance Company, filed.(Benavides, Michelle) |
| Filing 6 ANSWER to #1 Complaint, by Fidelity National Property and Casualty Insurance Company, filed.(Benavides, Michelle) |
| Filing 5 RETURN of Service of SUMMONS Executed as to Fidelity National Property and Casualty Insurance Company served on 6/7/2010, answer due 6/28/2010, filed.(ccarnew, ) |
| ***Answer due for Fidelity National Property and Casualty Insurance Company 6/29/2010. (ccarnew, ) |
| Filing 4 Proof of Service of Summons and Complaint by Mike Armstrong, Peggy Armstrong, filed.(Wilkerson, James) |
| Filing 3 CERTIFICATE OF INTERESTED PARTIES by Mike Armstrong, Peggy Armstrong, filed.(Wilkerson, James) |
| Summons Issued as to Fidelity National Property and Casualty Insurance Company, filed.(dwilkerson, ) |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Telephone Conference set for 8/25/2010 at 03:30 PM before Judge Kenneth M. Hoyt.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dwilkerson, )
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| Filing 1 COMPLAINT against Fidelity National Property and Casualty Insurance Company (Filing fee $ 350 receipt number 0541-6418041) filed by Mike Armstrong, Peggy Armstrong. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E)(Wilkerson, James) |
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