Wolfe v. American Bankers Insurance Company Of Florida
Plaintiff: Don Wolfe
Defendant: American Bankers Insurance Company Of Florida
Case Number: 3:2010cv00578
Filed: August 3, 2010
Court: US District Court for the Southern District of Texas
Office: Galveston Office
County: Harris
Presiding Judge: George C Hanks
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 42 U.S.C. § 4000
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 6, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 6, 2017 Opinion or Order Filing 56 FINAL DISMISSAL ORDER denying as moot #50 Amended MOTION for Partial Summary Judgment , #43 MOTION for Partial Summary Judgment , #44 MOTION for Partial Summary Judgment . Case terminated on 7/6/17, Motion(s) terminated: #50 Amended MOTION for Partial Summary Judgment , #43 MOTION for Partial Summary Judgment , #44 MOTION for Partial Summary Judgment (Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3)
July 5, 2017 Filing 55 NOTICE of Reassignment to Judge George C Hanks, Jr, pursuant to General Order No. 2016-15. Deadlines in scheduling orders remain in effect. Magistrate Judge John R Froeschner no longer assigned to the case. Parties notified, filed. (lusmith, 3)
July 5, 2017 Filing 54 STIPULATION of Dismissal with Prejudice by American Bankers Insurance Company Of Florida, filed. (Attachments: #1 Proposed Order)(Treas, William)
July 2, 2015 Opinion or Order Filing 53 OPINION AND ORDER denying #52 Motion to Recuse.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
October 27, 2014 Filing 52 MOTION Motion to Recuse by Don Wolfe, filed. Motion Docket Date 11/17/2014. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit B)(Mayo, Martin)
September 11, 2014 Filing 51 RESPONSE to #44 MOTION for Partial Summary Judgment filed by American Bankers Insurance Company Of Florida. (Attachments: #1 Ex A, #2 Ex B, #3 Proposed Order)(Jones, Bradley)
September 11, 2014 Filing 50 Amended MOTION for Partial Summary Judgment by Don Wolfe, filed. Motion Docket Date 10/2/2014. (Attachments: #1 Affidavit)(Mayo, Martin)
September 11, 2014 Filing 49 RESPONSE to #43 MOTION for Partial Summary Judgment filed by American Bankers Insurance Company Of Florida. (Attachments: #1 Ex. A, #2 Ex B, #3 Ex C, #4 Ex D, #5 Ex E, #6 Proposed Order)(Jones, Bradley)
September 3, 2014 Opinion or Order Filing 48 ORDER that Response and Reply deadlines are EXTENDED re: #43 MOTION for Partial Summary Judgment , #44 MOTION for Partial Summary Judgment ; Dft's Responses due by 9/12/2014. Pltf's Replies, if any, due by 9/26/2014(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
September 3, 2014 Opinion or Order Filing 47 ORDER that Plaintiff WILL NOT be permitted to utilize Charles as a testifying expert witness in this case. Cf. Tunis Bros. Co. v. Ford Motor Co., 124 F.R.D. 95, 98 (E.D. Pa. 1989) It is further ORDERED that the issues of liability and damages are BIFURCATED in this case and that this Court WILL try the issue of liability promptly following the completion of the deposition of John Crawford. The Plaintiff SHALL notify the Court of the completion of Crawfords deposition.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
August 29, 2014 Filing 46 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. DISCOVERY HEARING re: All Pending Discovery Issues held on 8/29/2014. Appearances: Keith Michael Detweiler, Martin L Mayo.(ERO:Y), filed.(sanderson, 3)*** Discovery issues discussed with Court. Order to follow.
August 25, 2014 Filing 45 NOTICE of Setting. Parties notified....*** Discovery Hearing re: All Pending Discovery Issues set for 8/29/2014 at 11:00 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner, filed. (sanderson, 3)
August 15, 2014 Filing 44 MOTION for Partial Summary Judgment by Don Wolfe, filed. Motion Docket Date 9/5/2014. (Attachments: #1 Exhibit, #2 Exhibit, #3 Affidavit)(Mayo, Martin)
August 15, 2014 Filing 43 MOTION for Partial Summary Judgment by Don Wolfe, filed. Motion Docket Date 9/5/2014. (Attachments: #1 Exhibit Exhibit)(Mayo, Martin)
August 8, 2014 Filing 42 RESPONSE to #41 Objections, Plainitff's Memorandum in Response to Defendant's Objection to Plaintiffs' Supplemental Expert Disclosure, filed by Don Wolfe. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Mayo, Martin)
July 25, 2014 Filing 41 OBJECTIONS to Plaintiff's Supplemental Expert Dislcosures, filed by American Bankers Insurance Company Of Florida. (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D, #5 Ex. E, #6 Ex. F, #7 Proposed Order)(Jones, Bradley)
June 26, 2014 Opinion or Order Filing 40 ORDER that Plaintiff SHALL provide to Defendant an expert witness report from Charles Walker on or before July 11, 2014.It is further ORDERED that Plaintiff SHALL simultaneously submit a copy of Lovatos report and Walkers report to the Court....*** Pltf Expert Report due by 7/11/2014.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
June 25, 2014 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE DISCOVERY CONFERENCE held on 6/25/2014. Appearances: Brad Jones, Keith Michael Detweiler, Samuel Bearman., filed.(sanderson, 3)*** Issue of expert reports discussed with Court. Order to follow.
June 23, 2014 Opinion or Order Filing 39 ORDER granting #38 Motion to Appear Pro Hac Vice of Attorney Samuel Bearman as counsel for Pltf Don Wolfe.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
June 17, 2014 Filing 38 MOTION for Samuel Bearman to Appear Pro Hac Vice by Don Wolfe, filed. Motion Docket Date 7/8/2014. (Mayo, Martin)
June 12, 2014 Opinion or Order Filing 37 ORDER At the request of the Parties, it is ORDERED that the Non-Jury Trial now scheduled to commence on July 7, 2014 is CANCELLED....*** Deadlines terminated: *** Bench Trial SET for 7/7/2014 at 09:30 AM before Magistrate Judge John R Froeschner is CANCELLED(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
May 16, 2014 Filing 36 NOTICE of Setting. Parties notified....*** Bench Trial SET for 7/7/2014 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner, filed. (sanderson, 3)
May 16, 2014 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 5/16/2014. Appearances:Sam Bearman. Keith Michael Detweiler, William T Treas. Gerry Nielsen. Lisa Pair., filed.(sanderson, 3)*** Case discussed. Bench Trial set 7/7/14. Ntc to follow.
November 7, 2013 Opinion or Order Filing 35 ORDER at the request of the Parties, it is ORDERED that the Non-Jury Trial now scheduled to commence on November 13, 2013, is CANCELLED. **** Deadlines terminated: *** Bench Trial RESET for 11/13/2013 at 09:30 AM before Magistrate Judge John R Froeschner is CANCELLED(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
October 24, 2013 ***Set/Reset Hearings: *** Bench Trial RESET for 11/13/2013 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner (sanderson, 3)*** RESET p/email request of all Parties
September 27, 2013 Filing 34 NOTICE of Setting. Parties notified...*** Bench Trial RESET for 11/12/2013 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner, filed. (sanderson, 3)*** RESET p/request of Parties
September 5, 2013 Filing 33 NOTICE of Setting. Parties notified....*** Bench Trial set for 10/7/2013 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner, filed. (sanderson, 3) (Main Document 33 replaced on 9/5/2013) (sanderson, 3).
July 25, 2013 Filing 32 NOTICE of Appearance by Keith M. Detweiler on behalf of American Bankers Insurance Company Of Florida, filed. (Detweiler, Keith)
March 1, 2013 Opinion or Order Filing 31 OPINION AND ORDER denying #22 Motion for Summary Judgment.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
February 19, 2013 Filing 30 Correspondence to Magistrate Judge Froeschner (in response to the Court's email dated 02/14/13) by American Bankers Insurance Company Of Florida, filed.(Treas, William)
September 28, 2012 Filing 29 SURREPLY to #22 MOTION for Summary Judgment, filed by American Bankers Insurance Company Of Florida. (Verdigets, Jason)
July 25, 2012 Filing 28 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. MOTION HEARING held on 7/25/2012 re: #22 MOTION for Summary Judgment. Appearances: William T Treas, Jason M Verdigets, Jeffrey Lee Hoffman, Martin L Mayo.(ERO:Y), filed.(sanderson, )*** Issues in MSj discussed with Court. MSJ taken under advisement.
July 23, 2012 Filing 27 NOTICE of Appearance by William T. Treas on behalf of American Bankers Insurance Company Of Florida, filed. (Treas, William)
July 23, 2012 Filing 26 REPLY in Support of #22 MOTION for Summary Judgment, filed by American Bankers Insurance Company Of Florida. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Verdigets, Jason)
July 17, 2012 ***Deadlines terminated., ***Set/Reset Deadlines as to #22 MOTION for Summary Judgment : *** Motion Hearing set for 7/25/2012 at 10:00 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner (sanderson, )**** Bench Trial RESET for 7/25/2012 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner is CANCELLED, **** All parties notified via phone call & email notification
July 13, 2012 Filing 25 RESPONSE in Opposition to #22 MOTION for Summary Judgment, filed by Don Wolfe. (Attachments: #1 Statement of Facts, #2 Memorandum In Support, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5, #8 Exhibit Exhibit 6, #9 Exhibit Exhibit 7)(Mayo, Martin)
June 28, 2012 Opinion or Order Filing 24 ORDER that Pltf SHALL file a response re: #22 MOTION for Summary Judgment; Pltf's Response due by 7/13/2012. If Defendant feels the need to file a reply, the Parties should contact the Court, by telephone, on Monday, July 16, 2012, to discuss whether a reply will be allowed and if so when it must be filed.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
June 28, 2012 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 6/28/2012. Appearances: Jason M Verdigets, Jeffrey Lee Hoffman, Martin L Mayo., filed.(sanderson, )*** Deadline to pending msj discussed with Court. Order to follow.
June 26, 2012 Filing 23 EXHIBITS re: #22 MOTION for Summary Judgment by American Bankers Insurance Company Of Florida, filed. (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 10, #7 Exhibit 11)(Verdigets, Jason)
June 26, 2012 Filing 22 MOTION for Summary Judgment by American Bankers Insurance Company Of Florida, filed. Motion Docket Date 7/17/2012. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Verdigets, Jason)
June 22, 2012 Filing 21 NOTICE of Setting. Parties notified....*** Bench Trial RESET for 7/25/2012 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner, filed. (sanderson, )
June 22, 2012 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 6/22/2012. Appearances: Jason M Verdigets, Jeffrey Lee Hoffman, Martin L Mayo., filed.(sanderson, )*** Case discussed with Court. P/Parties request Bench Trial reset to 7/25/12. Ntc to follow
May 4, 2012 Filing 20 NOTICE of Setting. Parties notified....*** Bench Trial set for 7/23/2012 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner in Galveston, Tx, filed. (sanderson, )
September 8, 2011 Filing 19 CLERKS NOTICE - NOTICE OF CANCELLATION - the Telephone Status Conference set 9/9/11 @ 10:00 am is CANCELLED. Parties notified., filed. (All parties notified via e-mail)(sanderson, )
September 8, 2011 ***Deadlines terminated: Telephone Status Conference is set for 9/9/2011 at 10:00 AM before Magistrate Judge John R Froeschner is CANCELLED (sanderson, )
July 1, 2011 Opinion or Order Filing 18 ORDER that a Telephone Status Conference is SET for 9/9/2011 at 10:00 AM before Magistrate Judge John R Froeschner.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, ) (Main Document 18 replaced on 7/1/2011) (sanderson, ).
June 29, 2011 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS / SCHEDULING CONFERENCE held on 6/29/2011. Appearances: Jason M Verdigets, Martin L Mayo....**** Status of case discussed. Telephone Status Conf set 9/9/11 @ 10:00. Order to follow, filed.(sanderson, )
April 25, 2011 Opinion or Order Filing 17 ORDER that this cause is RESET for a Telephone Status / Scheduling Conference on 6/29/2011 at 11:00 AM before Magistrate Judge John R Froeschner.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
April 25, 2011 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 4/25/2011. Appearances: Jason M Verdigets, Martin L Mayo....***Status of case discussed. Telephone Status/Sked Conf reset for 6/29/11 @ 11:00. Order to follow, filed.(sanderson, )
April 21, 2011 ***Set/Reset Hearings: Telephone Status Conference set for 4/25/2011 at 11:00 AM before Magistrate Judge John R Froeschner...*** all parties notified via e-mail communication (sanderson, )
February 23, 2011 Opinion or Order Filing 16 CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE by American Bankers Insurance Company Of Florida, Assurant Solutions Inc, Federal Emergency Management Agency, Don Wolfe 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, )
December 9, 2010 Opinion or Order Filing 15 ORDER REFERRING CASE to Magistrate Judge John R Froeschner.(Signed by Judge Kenneth M. Hoyt) Parties notified.(lusmith, )
December 8, 2010 Case transferred in from Houston Division on 12/08/2010 ; Case Number 4:10-cv-2739. Case assigned to Judge Kenneth M. Hoyt. (ealexander, )
December 1, 2010 Filing 14 Intradistrict Transfer to Galveston, filed. (ealexander, ) (Main Document 14 replaced on 12/8/2010) (ealexander, ).
December 1, 2010 Opinion or Order Filing 13 ORDER granting #12 Motion to Transfer Case to Galveston Division.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Main Document 13 replaced on 12/8/2010) (ealexander, ).
November 29, 2010 Filing 12 Joint MOTION to Transfer Case to Galveston County by Don Wolfe, filed. Motion Docket Date 12/20/2010. (Attachments: #1 Certificate of Service, #2 Proposed Order)(Gaut, Jennifer)
November 15, 2010 Filing 11 NOTICE of Appearance by Jason Verdigets on behalf of American Bankers Insurance Company Of Florida, filed. (Verdigets, Jason)
November 10, 2010 Opinion or Order Filing 10 SCHEDULING ORDER. Trial Term: November/December 2011. ETT: 3 days. Bench trial. Amended Pleadings due by 3/1/2011. Joinder of Parties due by 1/3/2011 Pltf Expert Witness List due by 2/1/2011. Deft Expert Witness List due by 3/1/2011. Discovery due by 7/1/2011. Dispositive Motion Filing due by 8/1/2011. Non-Dispositive Motion Filing due by 8/1/2011. Joint Pretrial Order due by 10/28/2011. (Signed by Magistrate Judge Stephen Wm Smith) Parties notified. (jmarchand)
November 10, 2010 Filing 9 Minute Entry for proceedings held before Magistrate Judge Stephen Wm Smith. SCHEDULING CONFERENCE held on 11/10/2010. Scheduling order issued. Appearances:Anahita Nariman, Martin L Mayo. (ERO:K. Gilyard), filed. (jmarchand)
October 25, 2010 Filing 8 JOINT DISCOVERY/CASE MANAGEMENT PLAN by American Bankers Insurance Company Of Florida, Don Wolfe, filed.(Hoffman, Jeffrey)
October 19, 2010 Filing 7 ANSWER to #1 Complaint by American Bankers Insurance Company Of Florida, filed.(Hoffman, Jeffrey)
September 16, 2010 Filing 6 CORPORATE DISCLOSURE STATEMENT by American Bankers Insurance Company Of Florida identifying Assurant Solutions, Inc. as Corporate Parent, filed.(Hoffman, Jeffrey)
September 16, 2010 Filing 5 CERTIFICATE OF INTERESTED PARTIES by American Bankers Insurance Company Of Florida, filed.(Hoffman, Jeffrey)
September 15, 2010 Filing 4 WAIVER OF SERVICE Returned Executed as to American Bankers Insurance Company Of Florida served on 8/20/2010, answer due 10/19/2010, filed.(Mayo, Martin)
August 21, 2010 Filing 3 CERTIFICATE OF INTERESTED PARTIES by Don Wolfe, filed.(Mayo, Martin)
August 3, 2010 Opinion or Order Filing 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/10/2010 at 02:00 PM in Courtroom 703 before Magistrate Judge Stephen Smith.(Signed by Judge David Hittner) Parties notified.(jhancock)
August 3, 2010 Filing 1 COMPLAINT against American Bankers Insurance Company Of Florida (Filing fee $ 350 receipt number 0541-6730990) filed by Don Wolfe.(Mayo, Martin)

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Plaintiff: Don Wolfe
Represented By: Martin L. Mayo
Represented By: Samuel Bearman
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Defendant: American Bankers Insurance Company Of Florida
Represented By: Jeffrey Lee Hoffman
Represented By: Keith Michael Detweiler
Represented By: William T Treas
Represented By: Jason M Verdigets
Represented By: Bradley K Jones
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