Spong et al v. Fidelity National Property and Casualty Insurance Company et al
Plaintiff: Kerry Spong and Robert Spong
Defendant: United States, Fidelity National Insurance Services LLC, Crystal Beach Insurance Agency LLC, United States of America and Fidelity National Property and Casualty Insurance Company
Case Number: 3:2010cv00228
Filed: June 14, 2010
Court: US District Court for the Southern District of Texas
Office: Galveston Office
County: Galveston
Presiding Judge: John R Froeschner
Nature of Suit: Insurance
Cause of Action: 42 U.S.C. § 4001
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 29, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 29, 2017 Opinion or Order Filing 148 Order of USCA - PER CURIAM re: #138 Notice of Appeal ; USCA No. 16-41165. AFFIRMED, filed.(dnoriega, 1)
August 29, 2017 Opinion or Order Filing 147 Order of USCA - JUDGMENT; Judgment issued as mandate 8/29/2017 re: #138 Notice of Appeal ; USCA No. 16-41165. the judgment of the district court is affirmed, filed.(dnoriega, 1)
January 19, 2017 Filing 146 Fifth Circuit Court of Appeals LETTER advising the court has granted an extension of time to and including February 9, 2017 for filing appellee's/USA brief in this case (USCA No. 16-41165), filed.(mperez, 1)
December 6, 2016 Electronic Access to Record on Appeal Provided re: #138 Notice of Appeal to Samantha Lee Chaifetz. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 16-41165), filed.(avleal, 1)
October 12, 2016 Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #138 Notice of Appeal USCA No. 16-41165, filed.(avleal, 1)
October 12, 2016 Electronic Access to Record on Appeal Provided re: #138 Notice of Appeal to John Dennis Carter, Jeffrey Lynn Doggett, Gerald Joseph Nielsen, William Truman Treas, Krystal Dawn Walker. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 16-41165), filed.(avleal, 1)
September 19, 2016 Filing 145 Notice of Filing of Official Transcript as to #142 Transcript - Appeal, #144 Transcript - Appeal, #143 Transcript - Appeal, #141 Transcript - Appeal,. Party notified, filed. (dbenavides, 1)
September 16, 2016 Filing 144 APPEAL TRANSCRIPT re Motion Hearing held on October 2, 2013 before Magistrate Judge John R Froeschner. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party: Jeffrey L. Doggett. This transcript relates to the following: #140 Appeal Transcript Request,,, #138 Notice of Appeal. Release of Transcript Restriction set for 12/15/2016., filed. (mahenry, )
September 14, 2016 Filing 143 APPEAL TRANSCRIPT re Motion to Dismiss held on July 11, 2011 before Magistrate Judge John R Froeschner. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party: Jeffrey L. Doggett. This transcript relates to the following: #140 Appeal Transcript Request,,, #138 Notice of Appeal. Release of Transcript Restriction set for 12/13/2016., filed. (mahenry, )
September 14, 2016 Filing 142 APPEAL TRANSCRIPT re Motion to Dismiss held on February 2, 2011 before Magistrate Judge John R Froeschner. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party: Jeffrey L. Doggett. This transcript relates to the following: #140 Appeal Transcript Request,,, #138 Notice of Appeal. Release of Transcript Restriction set for 12/13/2016., filed. (mahenry, )
September 14, 2016 Filing 141 APPEAL TRANSCRIPT re Motion Hearing held on September 8, 2010 before Magistrate Judge John R Froeschner. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party: Jeffrey L. Doggett. This transcript relates to the following: #140 Appeal Transcript Request,,, #138 Notice of Appeal. Release of Transcript Restriction set for 12/13/2016., filed. (mahenry, )
August 29, 2016 Appeal Remark re: #138 Notice of Appeal. (USCA No. 16-41165). Pending the filing of the actual transcripts. (bcampos, 1)
August 22, 2016 Filing 140 DKT13 TRANSCRIPT ORDER REQUEST by Plaintiffs/Jeffrey L. Doggett. This is to order a transcript of Hearings on 9-8-10, 11-17-10, 2-2-11, 4-7-11, 7-11-11, 9-16-11, 3-30-12, 8-16-13, 10-2-13, 8-27-15, and 10-16-15 before Judge Froeschner. Court Reporter/Transcriber: Judicial Transcribers of Texas. This order form relates to the following: #61 Motion Hearing, Telephone Conference, Telephone Conference, Miscellaneous Hearing, #42 Motion Hearing, #138 Notice of Appeal, #107 Motion Hearing, Telephone Conference, #25 Transcript, #20 Motion Hearing, #119 Scheduling Conference, Telephone Conference, Telephone Conference,, filed. (Doggett, Jeffrey)ELECTRONICALLY FORWARDED TO JUDICIAL TRANSCRIBERS OF TEXAS 8/26/2016 Modified on 8/26/2016 (agould, 3).
August 19, 2016 Notice of Assignment of USCA No. 16-41165 re: #138 Notice of Appeal, filed.(dnoriega, 1)
August 15, 2016 Filing 139 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #138 Notice of Appeal. Fee status: Paid. Reporter(s): ERO, filed. (Attachments: #1 NOA, #2 Final Judgment, #3 Docket Sheet) (dnoriega, 1)
August 15, 2016 Appeal Review Notes re: #138 Notice of Appeal. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal.Hearings were held in the case - transcripts were produced. Number of DKT-13 Forms expected: 10, filed.(dnoriega, 1)
August 12, 2016 Filing 138 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #131 Final Judgment, by Robert Spong (Filing fee $ 505, receipt number 0541-17085845), filed. (Doggett, Jeffrey)
June 27, 2016 Opinion or Order Filing 137 ORDER granting #136 Motion to Appear Pro Hac Vice of Krystal D. Walker on behalf of the United States of America,.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) Modified on 8/15/2016 (dnoriega, 1).
June 23, 2016 Filing 136 MOTION for Krystal D. Walker to Appear Pro Hac Vice by United States of America, filed. Motion Docket Date 7/14/2016. (mmapps, 4)
June 17, 2016 Opinion or Order Filing 135 ORDER denying #132 Motion for New Trial.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
June 1, 2016 Filing 134 RESPONSE in Opposition to #132 MOTION for New Trial, filed by Fidelity National Property and Casualty Insurance Company. (Jones, Bradley)
May 12, 2016 Opinion or Order Filing 133 ORDER that Responses and Replies, if any, SHALL be filed re: #132 MOTION for New Trial ; Dfts' Responses due by 6/1/2016. Pltfs' Replies, if any, due by 6/13/2016(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
May 11, 2016 Filing 132 MOTION for New Trial by Kerry Spong, Robert Spong, filed. Motion Docket Date 6/1/2016. (Doggett, Jeffrey)
April 28, 2016 Opinion or Order Filing 131 FINAL JUDGMENT in favor of Dfts and against Pltfs. ORDERED and ADJUDGED that Plaintiffs RECOVER NOTHING, that their action against these Defendants is DISMISSED with prejudice; and that each Party SHALL bear its own costs....***Case terminated on 4/28/16(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
April 28, 2016 Opinion or Order Filing 130 OPINION AND ORDER granting #126 Motion for Summary Judgment of Fidelity and that all claims asserted against these Defendants by Plaintiffs, Robert and Kerry Spong, are DISMISSED with prejudice. (Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
April 28, 2016 Opinion or Order Filing 129 OPINION AND ORDER granting #87 Motion to Dismiss of the United States (CONVERTED INTO A Motion for Summary Judgment) and all claims asserted by Plaintiffs, Robert and Kerry Spong, are DISMISSED for lack of subject matter jurisdiction..(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
January 4, 2016 Filing 128 REPLY in Support of #126 Second MOTION for Summary Judgment With Incorporated Memorandm of Law, filed by Fidelity National Insurance Services LLC, Fidelity National Property and Casualty Insurance Company. (Jones, Bradley)
December 14, 2015 Filing 127 RESPONSE to #126 Second MOTION for Summary Judgment With Incorporated Memorandm of Law filed by Robert Spong. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Exhibit Ex. 9, #10 Exhibit Ex. 10, #11 Exhibit Ex. 11, #12 Exhibit Ex. 12)(Doggett, Jeffrey)
November 13, 2015 Filing 126 Second MOTION for Summary Judgment With Incorporated Memorandm of Law by Fidelity National Insurance Services LLC, Fidelity National Property and Casualty Insurance Company, filed. Motion Docket Date 12/4/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Proposed Order)(Jones, Bradley)
October 19, 2015 Opinion or Order Filing 125 ORDER that Fidelity Dfts to file Amended or Supplemental Dispositive Motion Filing due by 11/13/2015; Pltfs Responses due by 12/14/2015; Fidelitys' Replies, if any, due by 12/28/2015. ORDERED that Plaintiffs SHALL, on or before October 23, 2015, inform the Court whether they need to amend or supplement their response to the United States' Motion for Summary Judgment as a result of the Fifth Circuits disposition of the interlocutory appeal in this case; Notice of Compliance due by 10/23/2015 (Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
October 16, 2015 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE SCHEDULING ONFERENCE held on 10/16/2015. Appearances: Bradley K Jones, John Dennis Carter, Jeffrey L Doggett, Nancy Cross Leonard.....***Case/deadlines discussed with Court. Deadlines set. Order to follow, filed.(sanderson, 3)
October 16, 2015 *** Corrective Entry: #123 Answer to Amended Complaint docket in error and has been properly refiled in #124 Answer to Amended Complaint , filed. (sanderson, 3)
October 16, 2015 Filing 124 ANSWER to #121 Amended Complaint/Counterclaim/Crossclaim etc. by Fidelity National Insurance Services LLC, filed.(Jones, Bradley)
October 16, 2015 Filing 123 ANSWER to #76 Amended Complaint/Counterclaim/Crossclaim etc. by Fidelity National Property and Casualty Insurance Company, filed.(Jones, Bradley)... *** Corrective Entry: #123 Answer to Amended Complaint docket in error and has been properly refiled in #124 Answer to Amended Complaint ,
October 16, 2015 Filing 122 ANSWER to #121 Amended Complaint/Counterclaim/Crossclaim etc. by Fidelity National Property and Casualty Insurance Company, filed.(Jones, Bradley)
October 2, 2015 Filing 121 Third AMENDED COMPLAINT against All Defendants filed by Robert Spong.(Doggett, Jeffrey)
September 1, 2015 Opinion or Order Filing 120 ORDER that the Stay imposed by the Court on November 4, 2013, is LIFTED and this case is RETURNED to the active docket of the Court. ORDERED Amended Pleadings due by 10/2/2015. ORDERED *** Telephone Scheduling Conference set for 10/16/2015 at 11:00 AM before Magistrate Judge John R Froeschner(Signed by Magistrate Judge John R Froeschner) ***The Parties should call the Courts conference line at (409) 763-7881, at the designated time. Parties notified.(sanderson, 3)
August 27, 2015 Filing 119 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. SCHEDULING CONFERENCE held on 8/27/2015. Appearances: John Dennis Carter, Bradley K Jones, Jeffrey L Doggett, Nancy Cross Leonard.(ERO:Y)...Deadlines in case discussed with Court. Order to follow., filed.(sanderson, 3)
August 26, 2015 ***Set/Reset Hearings: Status Conference RESET for 8/26/2015 at 11:00 AM in in Houston Courthouse, Courtroom 702 before Magistrate Judge John R Froeschner (sanderson, 3)*** All Parties notified via email
August 26, 2015 ***Set/Reset Hearings: ****CORRECTIVE ENTRY**** Status Conference RESET for 8/27/2015 at 11:00 AM in Houston Courtbouse, Courtroom 702 before Magistrate Judge John R Froeschner (sanderson, 3)***All Parties notified via email
August 3, 2015 Filing 118 NOTICE of Setting. Parties notified...*** Status Conference set for 8/27/2015 at 01:30 PM in Courtroom 702 before Magistrate Judge John R Froeschner, in HOUSTON COURTHOUSE filed. (sanderson, 3)*** All counsel notified via email of date/time/location
July 29, 2015 Filing 117 NOTICE of attorney substitution by Fidelity National Property and Casualty Insurance Company. Attorney Bradley K. Jones and Douglas D. D'Arche added, filed. (Jones, Bradley)
July 29, 2015 Filing 116 Mail Returned Undeliverable as to attorney Michelle Benavides re: #115 Order. (yhausmann, 6) Modified on 7/29/2015: Order renoticed to updated address. (yhausmann, 6).
July 21, 2015 Filing 115 Copy of the USCA judgment issued as mandate on July 15, 2015. It is Ordered and adjudged that the judgment of the District Court is REMANDED to the District Court for further proceedings in accordance with the opinion. It is further Ordered that plaintiffs-appellees pay to defendants-appellants the costs on appeal to be taxed by the Clerk of this Court.() Parties notified.(ltrevino, 3)
July 15, 2015 Filing 114 NOTICE of attorney substitution by Fidelity National Property and Casualty Insurance Company. Attorney John Dennis Carter added. Attorney Kim Tran Britt terminated, filed. (Carter, John)
January 6, 2014 Filing 113 Request of CD of Certified Record by Fidelity National Insurance Services LLC, Fidelity National Property and Casualty Insurance Company, filed.(Britt, Kim)
December 17, 2013 Filing fee: $505.00 re: #112 USCA Letter, receipt number HOU041727, filed. (mmapps, 4)
December 16, 2013 Filing 112 Fifth Circuit Court of Appeals LETTER advising Payment of appeal is required (USCA No. 13-41317), filed.(mmapps, 4)
November 4, 2013 Opinion or Order Filing 111 ORDER granting #110 Motion for Certificate of Interlocutory Appealability and the Court CERTIFIES for immediate interlocutory appeal the general issues of whether Campo should be reversed or has been superseded by FEMAs pronouncement and whether all NFIP policy procurement disputes are preempted by federal law. It is, further ORDERED that the remainder of this case is STAYED and ADMINISTRATIVELY CLOSED pending the conclusion of Fidelitys interlocutory appeal, at which time counsel SHALL file a written motion to reinstate this case on the Courts active docket.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
November 4, 2013 Opinion or Order STAYED (Case Stayed) flag set., Case terminated on 11/4/13 - Pursuant to #111 Order - It is, further ORDERED that the remainder of this case is STAYED and ADMINISTRATIVELY CLOSED pending the conclusion of Fidelitys interlocutory appeal, at which time counsel SHALL file a written motion to reinstate this case on the Courts active docket.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
October 16, 2013 Filing 110 MOTION for Certificate of Appealability by Fidelity National Insurance Services LLC, Fidelity National Property and Casualty Insurance Company, filed. Motion Docket Date 11/6/2013. (Attachments: #1 Exhibit A - Sadler Declaration, #2 Exhibit B - Azoulay v. Allstate Insurance, #3 Proposed Order on Motion for Certification)(Pair, Lisa)
October 9, 2013 Opinion or Order Filing 109 ORDER denying as moot #104 Motion for Extension of Time to Respond to Fidelitys Motion for Summary Judgment.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
October 8, 2013 Opinion or Order Filing 108 OPINION AND ORDER denying #96 Motion for Summary Judgment.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
October 2, 2013 Filing 107 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. MOTION HEARING held on 10/2/2013 ; Motion-related deadline se re: #96 MOTION for Summary Judgment with Incorporated Memorandum of Law. Appearances:Brad Jones & Gerry Nielsen f/Dft Fidelity. Jeffrey L Doggett f/Pltf., Nancy Cross Leonard & Darren Walls f/USA/FEMA.(ERO:Y), filed.(sanderson, 3)*** Motions discussed & under advisement by Court. Status of case & possible interlocutory appeal discussed.
September 26, 2013 Opinion or Order Filing 106 ORDER that Dft's deadline to file a reply is EXTENDED re: #96 MOTION for Summary Judgment with Incorporated Memorandum of Law ; Dft's Reply, if any, due by 10/4/2013(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
September 20, 2013 Filing 105 RESPONSE to #96 MOTION for Summary Judgment with Incorporated Memorandum of Law filed by Robert Spong. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Exhibit Ex. 9, #10 Exhibit Ex. 10, #11 Proposed Order Proposed Order)(Doggett, Jeffrey)
September 19, 2013 Filing 104 Unopposed MOTION for Extension of Time to file response by Robert Spong, filed. Motion Docket Date 10/10/2013. (Attachments: #1 Proposed Order)(Doggett, Jeffrey)
September 19, 2013 Filing 103 NOTICE of Setting re: #96 MOTION for Summary Judgment with Incorporated Memorandum of Law. Parties notified....*** Motion Hearing set for 10/2/2013 at 12:00 PM in 7th Floor Courtroom before Magistrate Judge John R Froeschner, filed. (sanderson, 3)
September 9, 2013 Filing 102 NOTICE of Pending Motion re: #87 MOTION to Dismiss #76 Amended Complaint/Counterclaim/Crossclaim etc. by United States, filed. (Leonard, Nancy)
September 5, 2013 Filing 101 RESPONSE to #96 MOTION for Summary Judgment with Incorporated Memorandum of Law filed by United States of America. (Leonard, Nancy)
September 3, 2013 Opinion or Order Filing 100 ORDER granting #99 Motion for Extension of Time to Respond to Fidelity's Motion for Summary Judgment; Pltf's response due 9/20/13; Dft Fidelity's reply, if any, due 9/27/13.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
September 3, 2013 CONTINUATION OF ENTRY #100 FOR STATISTICAL PURPOSES - re: #96 MOTION for Summary Judgment with Incorporated Memorandum of Law; Pltfs' Response due by 9/20/2013. Dft's Reply, if any, due by 9/27/2013(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
September 2, 2013 Filing 99 First MOTION for Extension of Time to respond to motion for summary judgment by Robert Spong, filed. Motion Docket Date 9/23/2013. (Attachments: #1 Proposed Order)(Doggett, Jeffrey)
August 29, 2013 Opinion or Order Filing 98 ORDER that Pltfs SHALL file a response & Dft Fidelity SHALL file a reply, if any, re: #96 MOTION for Summary Judgment with Incorporated Memorandum of Law ; Pltfs' Response due by 9/6/2013. Dft Fidelity's Reply, if any, due by 9/13/2013(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
August 27, 2013 Filing 97 SUPPLEMENT to #96 MOTION for Summary Judgment with Incorporated Memorandum of Law by Fidelity National Insurance Services LLC, Fidelity National Property and Casualty Insurance Company, filed. (Attachments: #1 Exhibit G)(Pair, Lisa)
August 23, 2013 Filing 96 MOTION for Summary Judgment with Incorporated Memorandum of Law by Fidelity National Property and Casualty Insurance Company, filed. Motion Docket Date 9/13/2013. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Proposed Order)(Pair, Lisa)
August 16, 2013 Opinion or Order Filing 95 ORDER that Fidelity is hereby AUTHORIZED to file a Motion for Summary Judgment at its earliest convenience.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
August 16, 2013 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 8/16/2013. Appearances:William Treas. Gerry Neilsen. Jeffrey L Doggett, Nancy Cross Leonard., filed.(sanderson, )*** Status of case discussed with Court. Court authorizes Dft Fidelity to file msj. Order to follow.
May 3, 2013 Filing 94 REPLY to Response to #87 MOTION to Dismiss #76 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss #76 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss #76 Amended Complaint/Counterclaim/Crossclaim etc., filed by United States. (Leonard, Nancy)
April 17, 2013 Opinion or Order Filing 93 ORDER granting #92 Agreed Motion for Extension of Time to Respond to Pltfs' Reply to Dft's Motion for Summary Judgment; Dft's Reply due 5/3/13.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
April 17, 2013 Filing 92 Agreed MOTION for Extension of Time For Defendants' To Reply To Plaintiffs' Response To Defendants' Motion For Summary Judgment by United States, filed. Motion Docket Date 5/8/2013. (Attachments: #1 Proposed Order)(Leonard, Nancy)
April 17, 2013 CONTINUATION OF ENTRY #93 FOR STASTICAL PURPOSES - re: #87 MOTION to Dismiss #76 Amended Complaint/Counterclaim/Crossclaim etc. ; Dft's Reply due by 5/3/2013(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
April 12, 2013 Filing 91 RESPONSE to #87 MOTION to Dismiss #76 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss #76 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss #76 Amended Complaint/Counterclaim/Crossclaim etc. filed by Kerry Spong, Robert Spong. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Proposed Order)(Doggett, Jeffrey)
March 26, 2013 Opinion or Order Filing 90 ORDER granting #89 Agreed Motion for Extension of Time to Respond to Dft US's Motion to Dismiss or for Summary Judgment; Pltfs' response due 4/12/13; Dft US's reply, if any, due 4/19/13.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
March 26, 2013 CONTINUATION OF ENTRY #90 FOR STASTICAL PURPOSES - re: #87 MOTION to Dismiss #76 Amended Complaint/Counterclaim/Crossclaim etc. ; Pltfs' Response due by 4/12/2013. Dft US's Reply, if any, due by 4/19/2013(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
March 25, 2013 Filing 89 Agreed MOTION for Extension of Time to file Response by Robert Spong, filed. Motion Docket Date 4/15/2013. (Attachments: #1 Proposed Order)(Doggett, Jeffrey)
March 6, 2013 Opinion or Order Filing 88 ORDER OF CONVERSION - NOTICE is HEREBY given, pursuant to Rule 12(d), that the Court intends to consider matters outside the pleadings while addressing the United States Motion to Dismiss (Instrument no. 87) and it WILL, therefore, be treated as a Motion for Summary Judgment under Rule 56. It is further ORDERED that Pltfs' response SHALL be filed 3/29/13. It is further ORDERED that Dft United States' reply, if any, SHALL be filed by 4/5/13. (Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
March 6, 2013 CONTINUATION OF ENTRY #88 FOR STATISTICAL PURPOSES - re: #87 MOTION to Dismiss (CONVERTED to Motion for Summary Judgment) #76 Amended Complaint/Counterclaim/Crossclaim etc. Pltfs' Responses due by 3/29/2013. United States' Reply, if any, due by 4/5/2013(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
March 4, 2013 Filing 87 MOTION to Dismiss #76 Amended Complaint/Counterclaim/Crossclaim etc. by United States, filed. Motion Docket Date 3/25/2013. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 18, #18 Exhibit 19, #19 Exhibit 21, #20 Exhibit 22, #21 Exhibit 23, #22 Proposed Order)(Leonard, Nancy)
January 25, 2013 Opinion or Order Filing 86 ORDER granting #85 Second Agreed Motion for Extension of Time for USA to serve an Answer or other Responsive Pleading; USA's Answer due 3/4/13.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
January 25, 2013 CONTINUATION OF ENTRY #86 FOR STASTICAL PURPOSES - Answer due for United States 3/4/2013(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
January 24, 2013 Filing 85 Agreed MOTION for Extension of Time For Federal Defendant to Answer Or Otherwise Respond To Plaintiffs' Second Amended Complaint by USA, filed. Motion Docket Date 2/14/2013. (Attachments: #1 Proposed Order)(Leonard, Nancy)
December 28, 2012 Opinion or Order Filing 84 ORDER granting #83 Motion for Extension of Time to Serve an Answer or Other Responsive Pleading; the Governments answer or other responsive pleading SHALL be filed on or before February 1, 2013.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
December 28, 2012 CONTINUATION OF ENTRY #84 FOR STATISTICAL PURPOSES - Answer due for USA 2/1/2013; United States 2/1/2013(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
December 20, 2012 Filing 83 Agreed MOTION for Extension of Time To Respond To Second Amended Complaint by USA, United States, filed. Motion Docket Date 1/10/2013. (Attachments: #1 Proposed Order)(Leonard, Nancy)
October 31, 2012 Filing 82 ANSWER to #76 Amended Complaint/Counterclaim/Crossclaim etc. by Fidelity National Property and Casualty Insurance Company, filed.(Pair, Lisa)
October 31, 2012 Filing 81 ANSWER to #76 Amended Complaint/Counterclaim/Crossclaim etc. by Fidelity National Insurance Services LLC, filed.(Pair, Lisa)
October 31, 2012 Filing fee refunded to Jeffrey L Doggett in the amount of $350.00 on 10/31/2012 re: #80 Order, filed. (knguyen, )
October 23, 2012 Opinion or Order Filing 80 ORDERED that the Clerk of Court shall refund $350.00 to Plaintiff and issue summons for service upon Defendant, United States of America(Signed by Magistrate Judge John R Froeschner) Parties notified.(ltrevino, )
October 23, 2012 Summons Issued as to USA, by and through U.S. Attorney, Kenneth Magidson, filed.(ccarnew, )
October 22, 2012 Filing 79 Summons--DOCKETED IN ERROR AS COMPLAINT against USA. (Filing fee $ 350 receipt number 0541-10492653) filed by Robert Spong.(Doggett, Jeffrey) Modified on 10/23/2012 (ccarnew, ).
October 18, 2012 Opinion or Order Filing 78 ORDER that the #74 Scheduling Order entered by this Court on July 17, 2012, is VACATED......**** Deadlines terminated: Discovery due by 10/26/2012. Dispositive Motion Filing due by 11/9/2012. Responses due by 11/30/2012 ; Replies, if any, due by 12/7/2012 - ALL NOTED DEADLINES ARE VACATED(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
October 17, 2012 Opinion or Order Filing 77 ORDER granting #75 Motion for Leave to File Second Amended Complaint and the #76 Plaintiffs Second Amended Complaint, filed by the District Clerk on October 15, 2012, without leave of Court, WILL BE considered timely filed and WILL constitute the present live Complaint of Plaintiffs.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
October 15, 2012 Filing 76 Second AMENDED complaint against All Defendants filed by Robert Spong.(Doggett, Jeffrey) ****DEEMED TIMELY FILED AND WILL CONSTITUTE THE PRESENT LIVE COMPLAINT OF PLTFS ....**** Adds new Party & claims
October 15, 2012 Filing 75 MOTION for Leave to File Amended Complaint by Robert Spong, filed. Motion Docket Date 11/5/2012. (Attachments: #1 Proposed Order)(Doggett, Jeffrey)
July 17, 2012 Opinion or Order Filing 74 ORDER that at the Parties request the Court enters the following Orders: Discovery due by 10/26/2012. Dispositive Motion Filing due by 11/9/2012. Responses due by 11/30/2012 ; Replies, if any, due by 12/7/2012(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
March 30, 2012 Opinion or Order Filing 73 ORDER denying as moot #67 Motion to Compel - the Parties informed the Court that Motion has been resolved.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
March 30, 2012 Opinion or Order Filing 72 ORDER that the Parties SHALL complete Discovery by 7/26/2012. It is further ORDERED that Dispositive Motion Filing due by 8/10/2012; Responses due by 8/31/2012; Replies due by 9/7/2012.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
March 30, 2012 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 3/30/2012. Appearances: Kim Tran Britt, Jeffrey L Doggett., filed....*** Status of case discussed with Court. Deadlines set. Order to follow(sanderson, )
March 30, 2012 ***Deadlines terminated: Pursuant to Parties Request - the Motion Hearing set 3/30/12 @ 1:30 pm before Judge Froeschner is CANCELLED re: M/Compel. (sanderson, )
March 21, 2012 Opinion or Order Filing 71 PROTECTIVE ORDER granting #70 Joint MOTION for Protective Order.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
March 20, 2012 Filing 70 Joint MOTION for Protective Order by Fidelity National Property and Casualty Insurance Company, Kerry Spong, Robert Spong, filed. Motion Docket Date 4/10/2012. (Attachments: #1 Proposed Order)(Benavides, Michelle)
March 19, 2012 Filing 69 RESPONSE in Opposition to #67 MOTION to Compel Document Production, filed by Fidelity National Insurance Services LLC, Fidelity National Property and Casualty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Benavides, Michelle)
February 29, 2012 Opinion or Order Filing 68 ORDER that Dfts SHALL file a response and a Hearing is set re: #67 MOTION to Compel Document Production; Dfts Responses due by 3/19/2012....**** Motion Hearing set for 3/30/2012 at 01:30 PM in 7th Floor Courtroom before Magistrate Judge John R Froeschner in Galveston, Tx.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
February 27, 2012 Filing 67 MOTION to Compel Document Production by Robert Spong, filed. Motion Docket Date 3/19/2012. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Doggett, Jeffrey)
October 26, 2011 Filing 66 NOTICE by Robert Spong, filed. (Doggett, Jeffrey)
September 16, 2011 Opinion or Order Filing 65 ORDER that the Parties SHALL complete all intended and necessary discovery on or before April 6, 2012; Discovery due by 4/6/2012.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
September 16, 2011 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE SCHEDULING CONFERENCE held on 9/16/2011. Appearances:Lisa Pair. Kim Tran Britt, Jeffrey L Doggett., filed....*** Case and deadlines discussed with Court. Order to follow(sanderson, )
September 6, 2011 Filing 64 NOTICE of Setting. Parties notified....**** Telephone Scheduling Conference set for 9/16/2011 at 10:30 AM before Magistrate Judge John R Froeschner, filed. (sanderson, )
August 16, 2011 Filing 63 ANSWER to #1 State Court Petition/Notice of Removal by Fidelity National Insurance Services LLC, filed.(Benavides, Michelle)
August 8, 2011 Opinion or Order Filing 62 OPINION AND ORDER denying #54 Supplemental Motion to Dismiss Fidelity National Ins Serv; terminating #19 Motion to Dismiss Fidelity National Ins Serv.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
July 11, 2011 Filing 61 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. MOTION HEARING held on 7/11/2011 re: #54 MOTION to Dismiss. Appearances:Lisa Pair. Gerald Nielsen. Jeffrey L Doggett.(ERO:Y), filed....*** Motion discussed with Court. Order to follow(sanderson, )
June 29, 2011 Filing 60 NOTICE of Setting re: #54 MOTION to Dismiss. Parties notified....**** Motion Hearing RESET for 7/11/2011 at 10:30 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner in Galveston, Tx, filed. (sanderson, )
June 28, 2011 Filing 59 NOTICE of Setting re: #54 MOTION to Dismiss. Parties notified....*** Motion Hearing set for 7/7/2011 at 01:30 PM in 7th Floor Courtroom before Magistrate Judge John R Froeschner in Galveston, Tx, filed. (sanderson, )
June 7, 2011 Filing 58 REPLY in Support of #54 MOTION to Dismiss, filed by Fidelity National Insurance Services LLC. (Attachments: #1 Exhibit A)(Benavides, Michelle)
June 7, 2011 Filing 57 ANSWER to #51 Amended Complaint/Counterclaim/Crossclaim etc. by Fidelity National Property and Casualty Insurance Company, filed.(Benavides, Michelle)
June 2, 2011 Opinion or Order Filing 56 ORDER that Fidelitys unopposed e-mail request for a one week extension to file its reply to Plaintiffs response to its Motion to Dismiss is GRANTED re: #54 MOTION to Dismiss ; Dft Fidelity's Reply, if any, due by 6/10/2011.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
May 27, 2011 Filing 55 RESPONSE to #54 MOTION to Dismiss filed by Robert Spong. (Doggett, Jeffrey)
May 13, 2011 Filing 54 MOTION to Dismiss by Fidelity National Insurance Services LLC, filed. Motion Docket Date 6/3/2011. (Attachments: #1 Proposed Order)(Benavides, Michelle)
April 27, 2011 Filing 53 CLERKS NOTICE - NOTICE OF CANCELLATION re: the #50 Notice of Setting setting this matter for a Telphone Scheduling Conference on 5/13/11 @ 1:30 pm has been CANCELLED.... Parties notified., filed. (sanderson, )
April 27, 2011 ***Deadlines terminated:....**** Telephone Scheduling Conference set for 5/13/2011 at 01:30 PM before Magistrate Judge John R Froeschner has been CANCELLED. (sanderson, )
April 26, 2011 Opinion or Order Filing 52 ORDER that Dft's supplemental Brief prompted by the Amended Complaint due by 5/13/2011 ; Pltf's Responses due by 5/27/2011, Dft's Replies due by 6/3/2011.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, ) (Main Document 52 replaced on 4/26/2011) (sanderson, ). ..*** Renotice corrected image of Order to all parties
April 22, 2011 Filing 51 First AMENDED against Fidelity National Property and Casualty Insurance Company filed by Robert Spong.(Doggett, Jeffrey)
April 8, 2011 Filing 50 NOTICE of Setting. Parties notified....**** Telephone Scheduling Conference set for 5/13/2011 at 01:30 PM before Magistrate Judge John R Froeschner, filed. (sanderson, )
April 7, 2011 Opinion or Order Filing 49 ORDER OF SEVERANCE. Party Crystal Beach Insurance Agency LLC terminated.(Signed by Magistrate Judge John R Froeschner) Parties notified.(lusmith, )
April 7, 2011 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE SCHEDULING CONFERENCE held on 4/7/2011. Appearances: Kim Tran Britt, Lisa Pair, Doug D'Arche, Jeffrey L Doggett.....Status of case discussed and potential deadlines, filed.(sanderson, )
April 7, 2011 ***Set/Reset Deadlines: Plaintiff's Amended Complaint due by 4/22/2011; Fidelity National Insurance Services, LLC.'s Supplemental Brief prompted by Amended Complaint due by 4/29/2011; Plaintiff's Responses due by 4/13/2011; Defendant's Replies due by 5/20/2011 (lusmith, )
March 30, 2011 Filing 48 NOTICE of Setting. Parties notified....**** Telephone Scheduling Conference set for 4/7/2011 at 10:30 AM before Magistrate Judge John R Froeschner, filed. (sanderson, )
March 4, 2011 Filing 47 NOTICE Suggestion of Bankruptcy of Defendant Crystal Beach Insurance Agency, LLC by Robert Spong, filed. (Doggett, Jeffrey)
March 3, 2011 Opinion or Order Filing 46 ORDER that pursuant to the consent of the Parties to proceed before this Court, it is ORDERED that the Docket Control Order (Instrument no. 13) previously entered by the District Court in this cause is VACATED and all deadlines and court settings, to include the Docket Call setting of June 20, 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, )
February 15, 2011 Opinion or Order Filing 45 CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE by Crystal Beach Insurance Agency LLC, Fidelity National Financial, Fidelity National Insurance Company, Fidelity National Insurance Services LLC, Fidelity National Property and Casualty Insurance Company, Fidelity National Title Insurance Company, National Alliance Marketing Group Inc., Kerry Spong, Robert Spong 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, )
February 11, 2011 Filing 44 CONSENT to Jurisdiction by US Magistrate Judge by Fidelity National Insurance Services LLC, Fidelity National Property and Casualty Insurance Company, filed.(Benavides, Michelle)
February 7, 2011 Opinion or Order Filing 43 ORDER that Pltfs Amended Pleadings due by 3/4/2011; Dft FNIS's Supplemental Brief due by 3/11/2011 ; Pltfs' Response due by 3/25/2011 ; Dft FNIS' Reply, if any, due by 4/1/2011.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
February 2, 2011 Filing 42 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. MOTION HEARING held on 2/2/2011 re: #19 MOTION to Dismiss with Incorporated Memorandum of Law. Appearances:Gerald Nielsen f/Dft Fidelity. Jeffrey L Doggett f/Pltfs. ERO:Y)...Pltf to amend cmplt by 3/4/11. Dft suppl briefing duue 3/11/11, Pltfs' response due 3/25/11, Dft's reply due 4/1/11. Order to follow, filed.(sanderson, )
January 25, 2011 Filing 41 NOTICE of Change of Address by Jeffrey Doggett, counsel for Robert Spong, filed. (Doggett, Jeffrey)
January 21, 2011 Filing 40 NOTICE of Setting re: #19 MOTION to Dismiss with Incorporated Memorandum of Law. Parties notified....***** Motion Hearing set for 2/2/2011 at 10:30 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner in Galveston, Tx, filed. (sanderson, )
January 14, 2011 Opinion or Order Filing 39 ORDER ADOPTING AND APPROVING #27 REPORT AND RECOMMENDATIONS of Magistrate Judge Froeschner. Plaintiffs' #33 Objections to Report and Recommendations are OVERRULED. Plaintiffs' #8 Motion to Remand is DENIED.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dwilkerson )
December 17, 2010 Filing 38 DESIGNATION OF EXPERT WITNESS LIST by Robert Spong, filed. (Attachments: #1 Exhibit Exhibit A)(Doggett, Jeffrey)
November 29, 2010 Filing 37 Agreed REPLY to #36 Order, #27 Report and Recommendations Denying Motion to Remand and Request for Oral Argument, filed by Fidelity National Property and Casualty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Benavides, Michelle)
November 22, 2010 Opinion or Order Filing 36 ORDER that by an Agreement of the Parties it is ORDERED that Fidelity SHALL file its Responses by 11/29/2010 to Pltf's #33 objections to this Court's #27 Report and Recommendation.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
November 17, 2010 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. MISCELLANEOUS HEARING re: Status of NFIP flood cases held on 11/17/2010. Appearances: Michelle Benavides, Jeffrey L Doggett...... Deadlines to be set by Court, filed.(sanderson, )
November 9, 2010 Opinion or Order Filing 35 ORDER that having been advised by counsel for Dft Fidelity that it intends to file a response to the Pltf's #33 objection to this Court's #27 Report and Recommendation, it is ORDERED that Fidelity SHALL file its Responses by 11/22/2010.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
November 8, 2010 Filing 34 REPLY in Support of #19 MOTION to Dismiss with Incorporated Memorandum of Law, filed by Fidelity National Property and Casualty Insurance Company. (Benavides, Michelle)
November 8, 2010 Filing 33 OBJECTIONS to #27 Report and Recommendations, filed by Robert Spong. (Doggett, Jeffrey)
November 2, 2010 Opinion or Order Filing 32 NOTICE OF CONFERENCE / ORDER that a Miscellaneous Hearing is set for 11/17/2010 at 10:00 AM at 7th Floor Courtroom before Magistrate Judge John R Froeschner in Galveston, Tx.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
November 2, 2010 Filing 31 NOTICE of Appearance by Kim Tran Britt on behalf of Fidelity National Insurance Services LLC, Fidelity National Property and Casualty Insurance Company, filed. (Britt, Kim)
October 29, 2010 Opinion or Order Filing 30 ORDER granting #29 Joint Motion for Extension of Time to Respond to Pltf's response to Motion to Dismiss and Joint Motion to Extend Pltf's Time to Object to the Court's Report and Recommendation on the Motion to Remand.....*** Dft's reply to Pltf's response to Motio to Dismiss due 11/8/10....**** Objections to Report and Recommendation are EXTENDED to 11/8/10.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
October 29, 2010 Filing 29 Joint MOTION for Extension of Time Defendant's Time to Respond to Plaintiffs' Opposition to Defendant's Motion to Dismiss and Plaintiff's Time to Object to the Court's Report and Recommendation on the Motion to RemandMotions referred to John R Froeschner. by Fidelity National Property and Casualty Insurance Company, filed. Motion Docket Date 11/19/2010. (Attachments: #1 Proposed Order)(Benavides, Michelle)
October 29, 2010 ***Set/Reset Deadlines: Objections to R&R due by 11/8/2010 (sanderson, )
October 29, 2010 CONTINUATION OF ENTRY #30 FOR STATISTICAL PURPOSES - re: #19 MOTION to Dismiss with Incorporated Memorandum of Law....*** Dft's Reply due by 11/8/2010....*** Objections to R&R due 11/8/10(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
October 22, 2010 Filing 28 RESPONSE to #19 MOTION to Dismiss with Incorporated Memorandum of Law filed by Robert Spong. (Doggett, Jeffrey)
October 12, 2010 Filing 27 REPORT AND RECOMMENDATIONS re #8 MOTION to Remand be DENIED; Objections to R&R due by 10/29/2010.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
October 4, 2010 Filing 26 Notice of Filing of Official Transcript as to #25 Transcript. Party notified, filed. (jdav, )
October 3, 2010 Filing 25 TRANSCRIPT re: MOTION HEARING held on September 8, 2010 before Magistrate Judge John R Froeschner. Court Reporter/Transcriber TRINITY TRANSCRIPTION SERVICES. Release of Transcript Restriction set for 1/3/2011., filed. (chendershot, )
September 20, 2010 Filing 24 AO 435 TRANSCRIPT ORDER FORM by Lisa Pair. This is to order a transcript of Hearing on Motion to Remand held on 9/8/2010 before Magistrate Judge John R Froeschner (original). Court Reporter/Transcriber: transcriber, filed. (dwilkerson, ) Modified on 9/22/2010 (dclark, ). Forwarded to transcriber Trinity Transcription Service 9/22/2010.
September 8, 2010 Opinion or Order Filing 23 ORDER that Pltfs SHALL file a response and Dft SHALL file a reply, if any, re: #19 MOTION to Dismiss with Incorporated Memorandum of Law.....**** Pltfs Responses due by 10/22/2010, Dft's Reply, if any, due by 10/29/2010.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
September 8, 2010 Filing 22 SUPPLEMENTAL EXHIBIT #8 re: #14 Response in Opposition to #8 Motion to Remand by Fidelity National Insurance Services LLC, Fidelity National Property and Casualty Insurance Company, filed.(sanderson, ) ***** FILED PURSUANT TO ORAL INSTRUCTION OF COURT
September 8, 2010 Filing 21 SUPPLEMENTAL EXHIBIT #7 re: #14 Response in Opposition to #8 Motion to Remand by Fidelity National Insurance Services LLC, Fidelity National Property and Casualty Insurance Company, filed.(sanderson, ) **** FILED PURSUANT TO ORAL INSTRUCTION OF COURT
September 8, 2010 Filing 20 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. MOTION HEARING held on 9/8/2010 re: #8 MOTION to Remand. Appearances:Gerald Nielsen & Lisa Pair f/Dft. Jeffrey L Doggett f/Pltf.(ERO:Y). Dft's suppl exh #7 & #8 to opposition to M/Remand submitted to Court & to be made a part of file. Oral argument on M/Remand presented by Pltf & Dft. M/Remand under advisement. Response & reply deadline to M/Dism set. Order to follow, filed.(sanderson, )
September 7, 2010 Filing 19 MOTION to Dismiss with Incorporated Memorandum of Law Motions referred to John R Froeschner. by Fidelity National Insurance Services LLC, filed. Motion Docket Date 9/28/2010. (Attachments: #1 Appendix, #2 Proposed Order)(Benavides, Michelle)
September 7, 2010 Opinion or Order Filing 18 ORDER granting #17 Motion to Supplement and Correct the Record. It is further ORDERED that Exhibit 1 to #14 Dft's Opposition to #8 Pltf's Motion to Remand is hereby REPLACED with Exhibit 1-Supp attached to #17 Dft's Unopposed Motion to Supplement and Correct the Record.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
September 2, 2010 Filing 17 Unopposed MOTION to Supplement and Correct the Record as to #14 Response in Opposition to Motion, Motions referred to John R Froeschner. by Fidelity National Property and Casualty Insurance Company, filed. Motion Docket Date 9/23/2010. (Attachments: #1 Exhibit 1-Supp, #2 Proposed Order)(Benavides, Michelle)
August 27, 2010 Filing 16 NOTICE of Setting re: #8 MOTION to Remand. Parties notified....**** Motion Hearing set for 9/8/2010 at 10:30 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner in Galveston, Tx, filed. (sanderson, )
August 26, 2010 Filing 15 REPLY TO #14 Response in Opposition to #8 MOTION to Remand - Motions referred to John R Froeschner. by Robert Spong, filed. Motion Docket Date 9/16/2010. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Proposed Order)(Doggett, Jeffrey) Modified on 8/27/2010 (sanderson, ).
August 16, 2010 Filing 14 RESPONSE in Opposition to #8 MOTION to Remand, filed by Fidelity National Property and Casualty Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Appendix of Cases, #8 Proposed Order)(Benavides, Michelle)
August 2, 2010 Opinion or Order Filing 13 SCHEDULING ORDER - In lieu of a formal Scheduling Conference the Court issues the following deadlines... ETT: 3 Days. Bench Trial..... *** Initial Disclosure due by 8/13/2010, Pltf Expert Witness List due by 12/17/2010, Deft Expert Witness List due by 1/21/2011, Discovery due by 2/18/2011, Dispositive Motion Filing due by 3/4/2011, Responses due by 3/25/2011, Replies, if any, due 4/1/11, Joint Pretrial Order due by 6/13/2011...**** Docket Call set for 6/20/2011 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, )
July 30, 2010 ***Deadlines terminated: #12 Joint Discovery/Case Mngt Plan timely filed pursuant to #9 Order.. (sanderson, )
July 30, 2010 Filing 12 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Fidelity National Property and Casualty Insurance Company, filed.(Benavides, Michelle)
July 21, 2010 Opinion or Order Filing 11 ORDER that Dfts' e-mail request for an extention is GRANTED re: #8 MOTION to Remand. It is ORDERED that Dfts' Responses due by 8/16/2010. It is further ORDERED that Pltfs Reply, if any, due by 8/26/2010.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
July 21, 2010 Filing 10 CERTIFICATE OF INTERESTED PARTIES by Robert Spong, filed.(Doggett, Jeffrey)
July 19, 2010 Opinion or Order Filing 9 ORDER that the Parties' oral request for an extension of time is GRANTED and the Joint Discovery/Case Management Plan due by 7/30/2010. It is further ORDERED that Dft SHALL file a response to the Pltfs' #8 Motion to Remand by 8/6/10; it is further ORDERED that Pltfs' reply, if any, to Dfts' response is due by 8/16/10(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
July 19, 2010 ***Set/Reset Deadlines as to #8 MOTION to Remand : Pursuant to #9 Order - Dfts' Responses due by 8/6/2010 ; Pltfs' Reply, if any, due by 8/16/2010 (sanderson, )
July 14, 2010 Filing 8 MOTION to RemandMotions referred to John R Froeschner. by Kerry Spong, filed. Motion Docket Date 8/4/2010. (Doggett, Jeffrey)
June 25, 2010 Filing 7 Amended CORPORATE DISCLOSURE STATEMENT by Fidelity National Property and Casualty Insurance Company, filed.(Benavides, Michelle)
June 21, 2010 Filing 6 CORPORATE DISCLOSURE STATEMENT by Fidelity National Property and Casualty Insurance Company, filed.(Benavides, Michelle)
June 21, 2010 Filing 5 CERTIFICATE OF INTERESTED PARTIES by Fidelity National Property and Casualty Insurance Company, filed.(Benavides, Michelle)
June 21, 2010 Filing 4 ANSWER to #1 State Court Petition/Notice of Removal by Fidelity National Property and Casualty Insurance Company, filed.(Benavides, Michelle)
June 17, 2010 Opinion or Order Filing 3 ORDER that the Parties SHALL file with the Court a Joint Discovery/Case Management Plan by 7/16/2010.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
June 16, 2010 Opinion or Order Filing 2 ORDER REFERRING CASE to Magistrate Judge John R Froeschner.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dwilkerson, ) (Main Document 2 replaced on 6/16/2010) (ccarnew, ).
June 14, 2010 Filing 1 NOTICE OF REMOVAL from 10th Judicial District, Galveston County, case number 10-cv-1250 (Filing fee $ 350 receipt number 0541-6511291) filed by Fidelity National Property and Casualty Insurance Company. (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D)(Benavides, Michelle)

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Search for this case: Spong et al v. Fidelity National Property and Casualty Insurance Company et al
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Plaintiff: Kerry Spong
Represented By: Jeffrey L Doggett
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Plaintiff: Robert Spong
Represented By: Jeffrey L Doggett
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Defendant: United States
Represented By: Nancy Cross Leonard
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Defendant: Fidelity National Insurance Services LLC
Represented By: Lisa Marie Pair
Represented By: Michelle Benavides
Represented By: Kim Tran Britt
Represented By: Bradley K Jones
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Defendant: Crystal Beach Insurance Agency LLC
Represented By: Marybeth M Nelson
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Defendant: United States of America
Represented By: Nancy Cross Leonard
Represented By: Krystal Dawn Walker
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Defendant: Fidelity National Property and Casualty Insurance Company
Represented By: John Dennis Carter
Represented By: Lisa Marie Pair
Represented By: Michelle Benavides
Represented By: Kim Tran Britt
Represented By: Bradley K Jones
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