Charnock v. Fidelity National Property and Casualty Company, a corporation
| Peter Charnock |
| Fidelity National Property and Casualty Company, a corporation and Fidelity National Property and Casualty Insurance Company |
| 3:2010mc07015 |
| April 27, 2011 |
| US District Court for the Southern District of Texas |
| Galveston Office |
| John R Froeschner |
| Other |
| None |
Docket Report
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| Filing 51 CLERKS NOTICE - NOTICE OF DESTRUCTION OF TRIAL EXHIBITS - Pursuant to Local Rule 79.2.B exhibits appearing on attached have this date been DESTROYED re: #26 Dft's Exhibit List - exhibits submitted during Bench Trial held 3/27-28/13....... Parties notified., filed. (sanderson, 3) |
| *** P/Call from Counsel for Dft re: by permission Trial Exhibits can be disposed, filed. (sanderson, 3) |
| Filing 50 CLERKS NOTICE - NOTICE OF DESTRUCTION OF TRIAL EXHIBITS - Pursuant to Local Rule 79.2.B exhibits appearing on attached have this date been DESTROYED re: #25 Pltfs' Exhibit List - exhibits submitted during Bench Trial held 3/27-28/13.. Parties notified., filed. (sanderson, 3)....By permission of counsel for Pltf Trial Exhibits have been destroyed |
| Filing 49 Email from Counsel for Pltf Peter Charnock re: by permission Trial Exhibits can be disposed., filed.(sanderson, 3) |
Filing 48
ORDER denying #38 Motion to Alter or Amend Final Judgment, or in the Alternative, for a New Trial of Pltf Peter Charnock.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
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| Filing 47 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. MOTION HEARING held on 4/11/2014 re: #38 MOTION for New Trial. Appearances: Samuel Bearman, Martin L Mayo, William T Treas, Bradley K Jones.(ERO:Y), filed.(sanderson, 3)*** Oral arguments presented to Court. M/New Trial taken under advisement. Adjourn |
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Filing 46
ORDER granting #45 Motion to Appear Pro Hac Vice of Attorney Samuel Bearman for Pltf Peter Charnock.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
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| Filing 45 MOTION for Samuel Bearman to Appear Pro Hac Vice by Peter Charnock, filed. Motion Docket Date 4/28/2014. (Mayo, Martin) |
| Filing 44 NOTICE of Setting re: #38 MOTION for New Trial. Parties notified....*** Motion Hearing RESET for 4/10/2014 at 10:00 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner, filed. (sanderson, 3)***Reset p/request of Parties |
| Filing 43 REPLY to Response to #38 MOTION for New Trial, filed by Peter Charnock. (Mayo, Martin) |
| Filing 42 NOTICE of Setting re: #38 MOTION for New Trial. Parties notified....*** Motion Hearing set for 4/9/2014 at 10:00 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner, filed. (sanderson, 3) |
| Filing 41 RESPONSE in Opposition to #38 MOTION for New Trial, filed by Fidelity National Property and Casualty Insurance Company. (Attachments: #1 Proposed Order)(Jones, Bradley) |
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Filing 40
ORDER that Dft's response & Pltf's reply, if any, are EXTENDED re: #38 MOTION for New Trial ; Dft's Response due by 3/3/2014. Pltf's Reply, if any, due by 3/17/2014(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
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Filing 39
ORDER that Dft SHALL file a response & Pltf SHALL file a reply, if any, re: #38 MOTION to Alter or Amend Final Judgment, or in the Alternative for New Trial ; Dft's Response due by 2/24/2014. Pltf's Reply, if any, due by 3/7/2014(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
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| Filing 38 MOTION for New Trial by Peter Charnock, filed. Motion Docket Date 2/24/2014. (Attachments: #1 memorandum, #2 Exhibit 1, #3 Exhibit 2)(Mayo, Martin) |
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Filing 37
FINAL JUDGMENT in favor of Dft and against Pltf - It is, therefore, ORDERED, ADJUDGED and DECREED that Plaintiff, Peter Charnock, RECOVER NOTHING; that his Amended Complaint is DISMISSED on the merits; and that each Party SHALL bear its own costs.. Case terminated on 1/7/14(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
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Filing 36
FINDINGS OF FACT AND CONCLUSIONS OF LAW - It is, therefore, ORDERED that the Amended Complaint of Peter Charnock, is DISMISSED.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
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| Filing 35 NOTICE of attorney substitution by Fidelity National Property and Casualty Insurance Company. Attorney Bradley K. Jones added. Attorney Michelle Benavides terminated, filed. (Jones, Bradley) |
| Filing 34 Notice of Filing of Official Transcript as to #32 Transcript, #31 Transcript. Party notified, filed. (dhansen, ) |
| Filing 32 TRANSCRIPT re: Bench Trial Testimony of Mr. Halley Lovato Vol. 2 held on 3/28/13 before Magistrate Judge John R Froeschner. Court Reporter/Transcriber Heather Hall. Release of Transcript Restriction set for 8/12/2013., filed. (hhall, ) |
| Filing 31 TRANSCRIPT re: Bench Trial Testimony of Mr. Halley Lovato held on 3/27/13 before Magistrate Judge John R Froeschner. Court Reporter/Transcriber Heather Hall. Release of Transcript Restriction set for 8/12/2013., filed. (hhall, ) |
| Filing 33 AO 435 TRANSCRIPT ORDER FORM by William Mayo. This is to order a transcript of testimony of Halley Lovato held on 3/27/2013 - 3/28/2013 before Magistrate Judge John R Froeschner (original). Court Reporter/Transcriber: Heather Hall. (dwilkerson, ) |
| Filing 30 AO 435 TRANSCRIPT ORDER FORM by William T Treas. This is to order a transcript of Testimony held on 3/27/13 - 3/28/13 before Magistrate Judge John R Froeschner (original). Deposit amount $438.00. Court Reporter/Transcriber: Heather Hall, filed. (lusmith, ) |
| Filing 29 Proposed Findings of Fact/Conclusions of Law by Peter Charnock, filed. (Attachments: #1 post-trial memo, #2 Part 1, #3 Part 2)(Mayo, Martin) |
| Filing 28 Proposed Findings of Fact/Conclusions of Law by Fidelity National Property and Casualty Company, a corporation, filed.(DeJean, William) |
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Filing 27
ORDER that at the request of the Parties, it is ORDERED that the deadline for the filing of Proposed Findings of Fact and Conclusions of Law is EXTENDED to on or before Wednesday, April 24, 2013; Brief due by 4/24/2013(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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Filing 24
ORDER that the Parties SHALL submit their Proposed Findings of Fact and Conclusions of Law to the Court on or before April 19, 2013.; Briefs due by 4/19/2013(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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| Filing 26 Bench Trial Exhibit List by Fidelity National Property and Casualty Company, a corporation, filed.(sanderson, ) (Main Document 26 replaced on 4/10/2013) (sanderson, ). |
| Filing 25 Bench Trial Exhibit List by Peter Charnock, filed.(sanderson, ) |
| Filing 23 Second Day Bench Trial Witness List by Fidelity National Property and Casualty Company, a corporation, filed.(sanderson, ) |
| Filing 22 Second Day Bench Trial Witness List by Peter Charnock, filed.(sanderson, ) |
| Filing 21 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. SECOND day of BENCH TRIAL held on 3/28/2013. Appearances: Martin L Mayo, William Ross DeJean, William T Treas.(Court Reporter: Y), filed.(sanderson, )*** Evidence cont's. Pltf rests. Dft's Oral M/Jgmt as Matter of Law Presented/Orally denied. Evidence/Testimony cont's. Dft rests. Closing Stmts presented. Parties to submit Proposed FOF/COL to Court. *** Trial exhibits maintained by Court until final ruling. Adjourn. |
| Filing 20 First Day Bench Trial Witness List by Peter Charnock, filed.(sanderson, ) |
| Filing 19 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. FIRST day of BENCH TRIAL held on 3/27/2013. Appearances: Martin L Mayo, William Ross DeJean, William T Treas.(Court Reporter: Y), filed.(sanderson, )*** Pretrial issues addressed. All of Pltf's exhibits admitted. All Dft's exhibits admitted w/exception of #26 & #27. Opening stmts presented. Evidence / Testimony begins. Adjourn til 3/28 13 @ 9:00 a.m.. |
| ***Deadlines terminated: *** Telephone Conference re: objections set for 2/15/2013 at 10:00 AM is CANCELLED p/agreement of Parties. (sanderson, )*** No issues to discuss and Phone Conference is cancelled p/request of Parties. |
| Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE CONFERENCE re: objections to Exhibit/Witness Lists held on 2/8/2013. Appearances: William Ross DeJean, William T Treas., filed.(sanderson, )*** Issue discussed with Court. Parties to call Court on 2/15 if issue cannot be resolved. |
| Filing 18 Witness List by Fidelity National Property and Casualty Company, a corporation, filed.(DeJean, William) |
| Filing 17 Exhibit List by Fidelity National Property and Casualty Company, a corporation, filed.(DeJean, William) |
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Filing 16
ORDER denying, without prejudice, #6 Motion to Compel Appraisal.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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Filing 15
ORDER that a Bench Trial is SET for 3/27/2013 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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| Filing 14 Witness List by Peter Charnock, filed.(Mayo, Martin) |
| Filing 13 EXHIBITS by Peter Charnock, filed.(Mayo, Martin) |
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Filing 12
ORDER that Discovery due by 1/18/2013. It is further ORDERED that all Parties SHALL file their Exhibit and Witness Lists on or before February 1, 2013; objections by any Party to Exhibit and Witness Lists SHALL be filed on or before February 8, 2013..... *** Telephone Conference re: objections set for 2/15/2013 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 (713) 250-5859, at the designated time.
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| Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 11/30/2012. Appearances: Martin L Mayo, William Ross DeJean, William T Treas, Doug D'Arche., filed.(sanderson, )**** Status of case discussed with Court. Deadlines set. Order to follow |
| Filing 11 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Peter Charnock, Fidelity National Property and Casualty Company, a corporation, filed.(DeJean, William) |
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Filing 10
ORDER that the Non-Jury Trial now scheduled to commence on December 3, 2012, is CANCELLED......Deadlines terminated: *** Bench Trial set for 12/3/2012 at 09:30 AM before Magistrate Judge John R Froeschner is CANCELLED(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, ) (Main Document 10 replaced on 11/6/2012) (sanderson, ).
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| Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 11/1/2012. Appearances: Martin L Mayo, John Dennis Carter, William Ross DeJean, William T Treas., filed.(sanderson, )**** Status of Bench Trial set 12/3/12 discussed with Court. Parties to discuss pending issues and call Court later after lunch to provide a status update. |
| Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 11/1/2012. Appearances: Martin L Mayo, John Dennis Carter, William T Treas., filed.(sanderson, )**** Parties provide Court with status update on proceeding with Bench Trial. Bench Trial cancelled until pending issues can be resolved. |
| Filing 9 NOTICE of Setting. Parties notified..... *** Bench Trial set for 12/3/2012 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner, filed. (sanderson, ) |
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Filing 8
ORDER that the Parties SHALL complete discovery in this case on or before October 3, 2012. It is further ORDERED that the Parties SHALL, on or before November 21, 2012, conduct a face-to-face settlement conference to see if this case can be resolved without the necessity of trial. (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 STATUS CONFERENCE held on 9/28/2012. Appearances: Martin L Mayo, John Dennis Carter, William Ross DeJean, William T Treas., filed.(sanderson, )***Case/deadlines discussed with Court. Order to follow. |
| Filing 7 NOTICE of Appearance by Samuel W. Bearman on behalf of Peter Charnock, filed. (Mayo, Martin) |
| Filing 6 First MOTION to Compel Appraisal by Peter Charnock, filed. Motion Docket Date 4/4/2012. (Attachments: #1 memorandum in support of the Motion to Compel, #2 Exhibits)(Mayo, Martin) |
| Filing 5 STATUS REPORT by Peter Charnock, Fidelity National Property and Casualty Company, a corporation, filed.(DeJean, William) |
| Filing 4 ANSWER to #2 Amended Complaint/Counterclaim/Crossclaim etc. by Fidelity National Property and Casualty Company, a corporation, filed.(DeJean, William) |
| Filing 3 NOTICE of Appearance by William R. DeJean on behalf of Fidelity National Property and Casualty Company, a corporation, filed. (DeJean, William) |
| Filing 2 AMENDED Complaint against Fidelity National Property and Casualty Company, a corporation filed by Peter Charnock.(Mayo, Martin) |
| Filing 1 COMPLAINT against Fidelity National Property and Casualty Company, a corporation filed by Peter Charnock.(ccarnewadi, ) |
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