Cooper-Roell v. Fidelity National Property and Casualty Insurance Company

Justia Dockets & Filings Fifth Circuit Texas Southern District Cooper-Roell v. Fidelity National Property and Casualty Insurance Company

Cooper-Roell v. Fidelity National Property and Casualty Insurance Company

Plaintiff:	Holly Cooper-Roell
Defendant:	Fidelity National Property and Casualty Insurance Company
Case Number:	3:2010cv00359
Filed:	September 13, 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. § 4072
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on June 26, 2013. A more recent docket listing may be available from PACER.

Date Filed	Document Text
June 26, 2013	Filing 57 OPINION AND ORDER denying #53 REQUEST/Motion to Set Aside Order Dated March 29, 2013 and Reinstate Claim and Case in Full.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
June 21, 2013	Filing 56 REPLY to #55 Response in Opposition to #53 Motion to Set Aside #51 Order granting #43 Motion for Summary Judgment filed by Holly Cooper-Roell, in compliance with #54 Order for Response. (Attachments: #1 Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Continuation of Exhibit 3, #6 Clerk's Office Attachment Form re Exhibit 3)(dwilkerson, )
June 14, 2013	Filing 55 RESPONSE in Opposition to #53 MOTION to Set Aside Order granting motion for summary judgment as to #51 Order on Motion for Summary Judgment, filed by Fidelity National Property and Casualty Insurance Company. (Attachments: #1 Proposed Order)(Pair, Lisa)
May 30, 2013	Filing 54 ORDER that Dft SHALL file a response & Pltf SHALL file a reply, if any, re: #53 MOTION to Set Aside Order granting motion for summary judgment as to #51 Order on Motion for Summary Judgment ; Dft's Responses due by 6/14/2013. Pltf's Reply, if any, due by 6/21/2013(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
May 23, 2013	Filing 53 MOTION to Set Aside Order granting motion for summary judgment and MOTION to reinstate claim re #51 Order granting Motion for Summary Judgment. by Holly Cooper-Roell, filed. Motion Docket Date 6/13/2013. (dwilkerson, )
March 29, 2013	Filing 52 FINAL JUDGMENT in favor of Dft and against Pltf - Plaintiff, Holly Cooper-Roell, TAKE NOTHING; that Plaintiffs Original Complaint is DISMISSED on the merits; and that each Party SHALL bear its own costs.. Case terminated on 3/29/13(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
March 29, 2013	Filing 51 OPINION AND ORDER granting #43 Motion for Summary Judgment and that the Original Complaint of Plaintiff, Holly Cooper-Roell, is DISMISSED, with prejudice.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
February 20, 2013	ORAL ORDER granting #46 MOTION for James Clifton Wilkerson to Withdraw as Attorney, Attorney James Clifton Wilkerson terminated, Motion(s) terminated: #44 Unopposed MOTION for James Clifton Wilkerson, II to Withdraw as Attorney, #46 MOTION for James Clifton Wilkerson to Withdraw as Attorney (Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
February 20, 2013	Filing 50 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. MOTION HEARING held on 2/20/2013 re: #46 MOTION for James Clifton Wilkerson to Withdraw as Attorney, #44 Unopposed MOTION for James Clifton Wilkerson, II to Withdraw as Attorney, #43 MOTION for Summary Judgment. Appearances:Holly Cooper-Roell - Pro Se Pltf. Lisa Marie Pair - f/Dft.(ERO:Y), filed.(sanderson, )*** M/Withdraw as counsel granted. MSJ ripe and under adisement by Court. Order to follow
February 19, 2013	Filing 49 REPLY in Support of #43 MOTION for Summary Judgment, filed by Fidelity National Property and Casualty Insurance Company. (Pair, Lisa)
February 11, 2013	Filing 48 RESPONSE to #43 Motion for Summary Judgment by Holly Cooper-Roell, filed. Motion Docket Date 3/4/2013. (Attachments: #1 exhibits, #2 Proposed Order, #3 Proposed Order)(lusmith, ) Modified on 2/20/2013 (sanderson, ).
February 7, 2013	Filing 47 RESPONSE to #46 MOTION for James Clifton Wilkerson to Withdraw as Attorney filed by Holly Cooper-Roell. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Wilkerson, James)
February 6, 2013	Filing 46 MOTION for James Clifton Wilkerson to Withdraw as Attorney by Holly Cooper-Roell, filed. Motion Docket Date 2/27/2013. (lusmith, )
February 4, 2013	Filing 45 ORDER that a Hearing is SET re: #44 Unopposed MOTION for James Clifton Wilkerson, II to Withdraw as Attorney.....* Motion Hearing set for 2/20/2013 at 10:00 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner ; It is further ORDERED that in addition to counsel of record, Plaintiff, Holly Cooper-Roell, SHALL appear, IN PERSON, at the Hearing. (Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )** Copy of Order mailed, via regular mail, to Holly Cooper-Roell at 2127 Broadway, Galveston, Tx 77550
January 31, 2013	Filing 44 Unopposed MOTION for James Clifton Wilkerson, II to Withdraw as Attorney by Holly Cooper-Roell, filed. Motion Docket Date 2/21/2013. (Attachments: #1 Exhibit Expert Invoices, #2 Proposed Order Proposed Order)(Wilkerson, James)
January 23, 2013	Filing 43 MOTION for Summary Judgment by Fidelity National Property and Casualty Insurance Company, filed. Motion Docket Date 2/13/2013. (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 Proposed Order)(Pair, Lisa)
December 28, 2012	Filing 42 ORDER that Dft's Dispositive Motion (MSJ) Filing due by 1/25/2013; Pltf's Response due by 2/15/2013; Dft's Reply, if any, due by 2/22/2013(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
December 21, 2012	Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE SCHEDULING CONFERENCE held on 12/21/2012. Appearances: James Clifton Wilkerson, Deani Beard Milano., filed.(sanderson, )*** Deadlines in case discussed with Court. Order to follow.
November 30, 2012	Filing 41 NOTICE of Setting. Parties notified....* Telephone Scheduling Conference set for 12/21/2012 at 10:30 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.
November 30, 2012	Filing 40 NOTICE of Appearance by Deani Beard Milano on behalf of Fidelity National Property and Casualty Insurance Company, filed. (Milano, Deani)
November 28, 2012	*Deadlines terminated:....* Telephone Status Conference RESET for 11/29/2012 at 11:30 AM before Magistrate Judge John R Froeschner is CANCELLED and will be RESET for a later date/time.....***All counsel notified via e:mail notification. (sanderson, )
November 9, 2012	Filing 39 NOTICE of Setting. Parties notified....* Telephone Status Conference RESET for 11/29/2012 at 11:30 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.
November 9, 2012	Filing 38 NOTICE of Setting. Parties notified....* Telephone Scheduling Conference RESET for 11/29/2012 at 10:00 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.
October 12, 2012	Filing 37 NOTICE of Setting. Parties notified....* Telephone Scheduling Conference set for 11/9/2012 at 10:00 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.
October 12, 2012	Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE SCHEDULING CONFERENCE held on 10/12/2012. Appearances:Brad Jones. Lisa Pair. James Clifton Wilkerson, Kristie Luke Mouney., filed.(sanderson, )***Case discussed with Court. Phone Sked Conf set 11/9/12. Ntc to follow.
August 30, 2012	Filing 36 NOTICE of Setting. Parties notified....* Telephone Scheduling Conference set for 10/12/2012 at 11:00 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.
August 30, 2012	*Deadlines terminated: Pursuant to the Parties' request and direct hit by Hurricane Isaac upon the Louisiana coastline, the Telephone Scheduling Conference set for 8/31/2012 at 11:00 AM before Magistrate Judge John R Froeschner is CANCELLED. *** Parties to submit status report to the Court via email in lieu of conference call. (sanderson, )
August 17, 2012	Filing 35 NOTICE of Setting. Parties notified....* Telephone Scheduling Conference RESET for 8/31/2012 at 11:00 AM before Magistrate Judge John R Froeschner, filed. (sanderson, )** P/Pltf's request - conference set 8/17/12 reset to 8/31/12 due to family emergency.
July 9, 2012	Filing 34 ORDER that Pltf's engineer to inspect property & prepare report & tender to Dft by 8/15/12. ORDER that a Telephone Status/Scheduling Conference set for 8/17/2012 at 11:30 AM before Magistrate Judge John R Froeschner(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
July 6, 2012	Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE SCHEDULING CONFERENCE held on 7/6/2012. Appearances:Lisa Pair. Brad Jones. Kristie Luke Mouney., filed.(sanderson, )*** Case discussed with Court. Pltf's property to be inspected by 8/15/12. Phone Stat/Sked Conf set 8/17/12. Order to follow
June 1, 2012	Filing 33 NOTICE of Setting. Parties notified.... **** Telephone Scheduling Conference set for 7/6/2012 at 10:00 AM before Magistrate Judge John R Froeschner, filed. (sanderson, )
June 1, 2012	Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS/SCHEDULING CONFERENCE held on 6/1/2012. Appearances: James Clifton Wilkerson, Kristie Luke Mouney., filed.(sanderson, )* Case discussed with Court. Phone Conf set 7/6/12 @ 10:00. Ntc to follow......(**Status/Sked Conf set 6/8/12 is cancelled)
May 10, 2012	Filing 32 INITIAL DISCLOSURES by Holly Cooper-Roell, filed.(Wilkerson, James)
May 10, 2012	Filing 31 CERTIFICATE OF INTERESTED PARTIES by Holly Cooper-Roell, filed.(Wilkerson, James)
May 10, 2012	Filing 30 NOTICE of attorney substitution by Holly Cooper-Roell, filed. (Wilkerson, James)
April 25, 2012	Filing 29 ORDER granting #21 Motion to Withdraw as Attorney. Attorney Jeremy Masten and Elizabeth Sandoval terminated. It is further ORDERED that this Court WILL conduct a Status/Scheduling Conference with Plaintiff and defense counsel on Friday, June 8, 2012, at 11:00 a.m., in Galveston, Tx.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
April 25, 2012	CONTINUATION OF ENTRY #29 FOR STATISTICAL PURPOSES - Status / Scheduling Conference set for 6/8/2012 at 11:00 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner in Galveston, Tx. (Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
April 23, 2012	Filing 28 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. MOTION HEARING held on 4/23/2012 re: #21 MOTION for Arguello, Hope & Associates, PLLC and Elizabeth L. Sandoval to Withdraw as Attorney. Appearances:Holly Cooper-Roell. Jeremy Masten-counsel f/Pltf.(ERO:Y), filed....*** Motion discussed with Court. Counsel to advise Court whether they will continue to pursue m/withdraw. Order to follow(sanderson, )
April 4, 2012	Filing 27 ORDER that a Hearing is SET re: #21 MOTION for Arguello, Hope & Associates, PLLC and Elizabeth L. Sandoval to Withdraw as Attorney...**** Motion Hearing set for 4/23/2012 at 01:00 PM in 7th Floor Courtroom before Magistrate Judge John R Froeschner in Galveston, Tx. (Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
April 4, 2012	Filing 26 ORDER granting #25 Motion to Appear Pro Hac Vice of Attorney Jeremy Masten f/Pltf Holly Cooper-Roell.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
April 4, 2012	Filing 25 MOTION for Jeremy Masten to Appear Pro Hac Vice by Holly Cooper-Roell, filed. Motion Docket Date 4/25/2012. (Sandoval, Elizabeth)
April 3, 2012	Filing 24 REPLY in Support of #21 MOTION for Arguello, Hope & Associates, PLLC and Elizabeth L. Sandoval to Withdraw as Attorney, filed by Holly Cooper-Roell. (Sandoval, Elizabeth)
March 28, 2012	Filing 23 RESPONSE to #21 MOTION for Arguello, Hope & Associates, PLLC and Elizabeth L. Sandoval to Withdraw as Attorney filed by Holly Cooper-Roell. (ltrevino, )
March 27, 2012	Filing 22 ORDER that Pltf Holly Cooper-Roell SHALL file a response re: #21 MOTION for Arguello, Hope & Associates, PLLC and Elizabeth L. Sandoval to Withdraw as Attorney; Pltf Holly Cooper-Roell's Response due by 4/13/2012.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
March 22, 2012	Filing 21 MOTION for Arguello, Hope & Associates, PLLC and Elizabeth L. Sandoval to Withdraw as Attorney by Holly Cooper-Roell, filed. Motion Docket Date 4/12/2012. (Sandoval, Elizabeth)
February 2, 2012	Filing 20 ORDER that having conferred with counsel of record in a Telephone Conference on 2/2/12, prompted by Plaintiffs letter to the Court, and being informed by Plaintiffs counsel that Plaintiff is agreeable to the present 5/25/12, discovery deadline, it is ORDERED that the deadline REMAINS in full force and effect and the Court WILL, thereafter, set a prompt Scheduling Conference to establish a prompt and reliable trial date.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
February 2, 2012	Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 2/2/2012. Appearances:Lisa Pair. Elizabeth Sandoval, Kristie Luke Mouney., filed....**** Status of case discussed with Court.(sanderson, )
February 1, 2012	Filing 19 Letter from Holly C. Roell re: Trial date., filed. (ltrevino, )
November 21, 2011	Filing 18 ORDER that the Parties SHALL complete all of the remaining discovery specifically listed in the Report on or before May 25, 2012; Discovery due by 5/25/2012..(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
November 18, 2011	Filing 17 STATUS REPORT by Holly Cooper-Roelle, Fidelity National Property and Casualty Insurance Company, filed.(Mouney, Kristie)
July 29, 2011	Filing 16 NOTICE of Serving Informal Discovery by Holly Cooper-Roelle, filed. (Sandoval, Elizabeth)
May 31, 2011	Filing 15 CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE by All Parties 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, )
May 26, 2011	Filing 14 CORPORATE DISCLOSURE STATEMENT by Fidelity National Property and Casualty Insurance Company identifying Fidelity National Insurance Company, Fidelity National Title Insurance Company and Fidelity National Financial as Corporate Parent, filed.(Mouney, Kristie)
May 26, 2011	Filing 13 INITIAL SCHEDULING ORDER.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
May 26, 2011	Filing 12 NOTICE of Appearance by Michelle Benavides and Lisa M Pair on behalf of Fidelity National Property and Casualty Insurance Company, filed. (Benavides, Michelle)
May 25, 2011	Filing 11 ANSWER to #1 Complaint by Fidelity National Property and Casualty Insurance Company, filed.(Mouney, Kristie)
May 12, 2011	Filing 10 RETURN of Service of SUMMONS Executed as to Fidelity National Property and Casualty Insurance Company served on 5/6/2011, answer due 5/27/2011, filed.(dwilkerson, )
April 28, 2011	Filing 9 NOTICE of attorney substitution by Holly Cooper-Roelle. Attorney Elizabeth Sandoval added. Attorney D Clinton Brasher and Brad Thomas Wyly terminated, filed. (Sandoval, Elizabeth)
April 28, 2011	Summons Issued as to Fidelity National Property and Casualty Insurance Company, filed.(lusmith, )
April 26, 2011	Filing 8 NOTICE of attorney substitution by Holly Cooper-Roelle. Attorney Elizabeth L. Sandoval added. Attorney James Clifton Wilkerson terminated, filed. (Sandoval, Elizabeth)
March 11, 2011	***Deadlines terminated: #7 Amended Complaint timely filed pursuant to #6 Order. (sanderson, )
March 11, 2011	Filing 7 Amended Original Complaint by Holly Cooper-Roelle, filed. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons, #3 Exhibit Exhibit A)(Wilkerson, James)
March 1, 2011	Filing 6 ORDER granting #5 Motion for Leave to Appear of Cliff Wilkerson as counsel for Plaintiff ; granting #5 Motion for Extension of Time to file Amended Complaint and perfect service of process on Dft; Amended Complaint due 3/14/11; Service of Process upon Dft due 5/14/11. It is further ORDERED that the "Show Cause Order" (Inst #4) is VACATED.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
March 1, 2011	CONTINUATION OF ENTRY #6 FOR STATISTICAL PURPOSES - Amended Complaint due by 3/14/2011., Service upon Dft/Notice of Compliance due by 5/14/2011,,,,*** Deadlines terminated: #4 Show Cause Order & Show Cause Response due by 2/28/2011 are VACATED.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
February 28, 2011	Filing 5 Unopposed MOTION for Cliff Wilkerson to Appear as Attorney, Unopposed MOTION for Extension of Time File Amended Complaint and Perfect Service of Process( Motion Docket Date 3/21/2011.)Motions referred to John R Froeschner. by Holly Cooper-Roelle, filed. (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit Exhibit A)(Wilkerson, James)
February 10, 2011	Filing 4 ORDER TO SHOW CAUSE - that Pltf SHALL SHOW CAUSE, if any there be, why this Court should not recommend that this action be dismissed, without prejudice, for want of prosecution for failure to timely serve the Dft; Show Cause Response due by 2/28/2011.(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 cass held on 11/17/2010. Appearances:..... Deadlines to be set by Court, filed.(sanderson, )
November 2, 2010	Filing 3 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, )
September 14, 2010	Filing 2 ORDER REFERRING CASE to Magistrate Judge John R Froeschner.(Signed by Judge Kenneth M. Hoyt) Parties notified.(lusmith, )
September 13, 2010	Filing 1 COMPLAINT against Fidelity National Property and Casualty Insurance Company (Filing fee $ 350 receipt number 0541-6916550) filed by Holly Cooper-Roelle. (Attachments: #1 Civil Cover Sheet Cooper-Roelle Civil Cover Sheet)(Wyly, Brad)

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Plaintiff: Holly Cooper-Roell
Represented By:	James Clifton Wilkerson, II
Represented By:	Jeremy M Masten
Represented By:	Brad Thomas Wyly
Represented By:	D Clinton Brasher
Represented By:	Elizabeth Lory Sandoval
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Defendant: Fidelity National Property and Casualty Insurance Company
Represented By:	Deani Beard Milano
Represented By:	Lisa Marie Pair
Represented By:	Michelle Benavides
Represented By:	Kristie Luke Mouney
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