McMahon v. ASI Underwriters of Texas, Inc.
Plaintiff: Theordia L McMahon
Defendant: American Strategic Insurance Corporatin (ASIC) and ASI Underwriters of Texas, Inc.
Case Number: 3:2011cv00419
Filed: September 12, 2011
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
Docket Report

This docket was last retrieved on January 8, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 8, 2013 Opinion or Order Filing 22 ORDER OF DISMISSAL granting #21 Stipulation of Dismissal with Prejudice of Theordia L McMahon against Dft ASI Underwriters of Texas, Inc..... Case terminated on 1/8/13(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
January 7, 2013 Filing 21 STIPULATION of Dismissal with Prejudice by Theordia L McMahon, filed. (Attachments: #1 Proposed Order)(Trevino, Lu)
December 10, 2012 Opinion or Order Filing 20 ORDER that the Parties have agreed to extend the Plaintiffs deadline for filing a response to the Defendants re: #18 MOTION for Summary Judgment; Pltf's Response due by 1/11/2013. Dft's Reply, if any, due by 1/18/2013(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
November 19, 2012 Opinion or Order Filing 19 ORDER that Pltf SHALL file a response & Dft SHALL file a reply, if any, re: #18 MOTION for Summary Judgment ; Pltf's Response due by 12/14/2012. Dft's Reply, if any, due by 12/21/2012(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
November 16, 2012 Filing 18 MOTION for Summary Judgment by American Strategic Insurance Corporatin (ASIC), filed. Motion Docket Date 12/7/2012. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Pair, Lisa)
October 12, 2012 Opinion or Order Filing 17 ORDER that Dft's Dispositive Motion Filing due by 11/30/2012. Pltf's Response due by 12/21/2012. Dft's Reply, if any, due by 1/6/2013(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
October 12, 2012 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE SCHEDULING CONFERENCE held on 10/12/2012. Appearances: Lisa Marie Pair, Joseph J Aguda, Jr, Lu Ann Trevino., filed.(sanderson, )****Deadlines discussed with Court. Order to follow.
July 20, 2012 Opinion or Order Filing 16 ORDER that Discovery due by 10/11/2012. It is further ORDERED that Telephone Status / Scheduling Conference set on Friday, August 10, 2012 at 10:00 a.m., is CANCELLED. It is further ORDERED that the Telephone Status/Scheduling Conference is RESET for 10/12/2012 at 10:00 AM before Magistrate Judge John R Froeschner(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
July 20, 2012 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 7/20/2012. Appearances: Joseph J Aguda, Jr, Lu Ann Trevino., filed.(sanderson, )*** Case discussed with Court. Phone Conf set 8/10/12 is cancelled and RESET to 10/12/12. Order to follow
May 21, 2012 Opinion or Order Filing 15 ORDER that Discovery due by 8/3/2012....*** It is further ORDERED that this Court WILL RESET the Telephone Status/Scheduling Conference for 8/10/2012 at 10:00 AM before Magistrate Judge John R Froeschner.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
May 21, 2012 ***Deadlines terminated: Telephone Scheduling Conference set 6/1/12 is CANCELLED. (sanderson, )
January 4, 2012 Opinion or Order Filing 14 ORDER that the Parties SHALL complete Discovery due by 5/31/2012....*** It is further ORDERED that the Telephone Status/Scheduling Conference is RESET for 6/1/2012 at 11:00 AM before Magistrate Judge John R Froeschner),...**** Deadlines terminated: Discovery set 1/12/12 CANCELLED & Telephone Status/Scheduling Conf set 1/13/12 @ 11:00 CANCELLED.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
October 27, 2011 Filing 13 ANSWER to #10 Amended Complaint/Counterclaim/Crossclaim etc. by ASI Underwriters of Texas, Inc., filed.(Aguda, Joseph)
October 20, 2011 Opinion or Order Filing 12 ORDER that #10 Plaintiffs First Amended Complaint is DEEMED appropriately filed; that the oral Motion for Voluntary Dismissal, which is unopposed by the Defendants, is GRANTED; and that all claims asserted by Plaintiff, Theordia L. McMahon, against ASI Underwriters of Texas, Inc., are DISMISSED, with prejudice. It is, therefore, further ORDERED that all claims asserted in #10 Plaintiffs First Amended Complaint by Plaintiff, Theordia L. McMahon, against Defendant, American Strategic Insurance Corporation (ASIC), with the exception of Plaintiffs breach of contract claim, are DISMISSED, with prejudice, as preempted by the National Flood Act...*** ASI Underwriters of Texas, Inc. terminated as Dft.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
October 20, 2011 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 10/20/2011. Appearances: Joseph J Aguda, Jr, Lu Ann Trevino., filed....**** Status of case discussed with Court.(sanderson, )
October 19, 2011 Opinion or Order Filing 11 ORDER that Discovery to be completed by 1/12/2012....**** It is further ORDERED that a Telephone Status / Scheduling Conference is set for 1/13/2012 at 11:00 AM before Magistrate Judge John R Froeschner.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
October 13, 2011 Filing 10 First AMENDED Complaint against ASI Underwriters of Texas, Inc., American Strategic Insurance Corp. filed by Theordia L McMahon.(Trevino, Lu Ann)
October 12, 2011 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 10/12/2011. Appearances: Joseph J Aguda, Jr, Lu Ann Trevino., filed....Case discussed with Court. Order to follow(sanderson, )
October 11, 2011 ***Set/Reset Hearings: Telephone Status Conference RESET for 10/12/2011 at 01:30 PM before Magistrate Judge John R Froeschner (sanderson, ) (*** All parties notified via e-mail this date)
October 6, 2011 Filing 9 CORPORATE DISCLOSURE STATEMENT by ASI Underwriters of Texas, Inc. identifying Management Group of ARX Holding Corp. as Corporate Parent, filed.(Aguda, Joseph)
September 29, 2011 Filing 8 NOTICE of Setting. Parties notified....**** Telephone Status Conference RESET for 10/11/2011 at 10:30 AM before Magistrate Judge John R Froeschner, filed. (sanderson, )
September 21, 2011 Opinion or Order Filing 7 CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE by All Parties and ORDER TRANSFERRING CASE to Magistrate Judge John R Froeschner. Judge Kenneth M. Hoyt no longer assigned to the case..(Signed by Judge Kenneth M. Hoyt) Parties notified.(ccarnew, )
September 20, 2011 Filing 6 ANSWER to #1 State Court Petition/Notice of Removal by ASI Underwriters of Texas, Inc., filed.(Pair, Lisa)
September 19, 2011 Filing 5 CONSENT to Jurisdiction by US Magistrate Judge by ASI Underwriters of Texas, Inc., Theordia L McMahon, filed.(Benavides, Michelle)
September 14, 2011 Filing 4 NOTICE of Setting. Parties notified....**** Telephone Scheduling Conference set for 10/6/2011 at 10:30 AM before Magistrate Judge John R Froeschner, filed. (sanderson, )
September 14, 2011 Filing 3 NOTICE of Appearance by Joseph J. Aguda, Jr. on behalf of ASI Underwriters of Texas, Inc., filed. (Aguda, Joseph)
September 13, 2011 Opinion or Order Filing 2 ORDER REFERRING CASE to Magistrate Judge John R Froeschner.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dwilkerson, )
September 12, 2011 Filing 1 NOTICE OF REMOVAL from Galveston County, case number CV-0065613 (Filing fee $ 350 receipt number 0541-8573710) filed by ASI Underwriters of Texas, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Pair, Lisa)

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Plaintiff: Theordia L McMahon
Represented By: Lu Ann Trevino
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Defendant: American Strategic Insurance Corporatin (ASIC)
Represented By: Joseph J Aguda, Jr
Represented By: Lisa Marie Pair
Represented By: Gerald J Nielsen
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Defendant: ASI Underwriters of Texas, Inc.
Represented By: Joseph J Aguda, Jr
Represented By: Lisa Marie Pair
Represented By: Gerald J Nielsen
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