Harrison et al v. Fidelity National Insurance Company
Nancy Carol Harrison and Irvin A. Harrison |
Fidelity National Insurance Company and Fidelity National Property and Casualty Insurance Company |
Bank Of America and Lucien Kay Campbell |
3:2013cv00305 |
August 22, 2013 |
US District Court for the Southern District of Texas |
Galveston Office |
Galveston |
George C Hanks |
Insurance |
12 U.S.C. § 635 |
None |
Docket Report
This docket was last retrieved on June 4, 2015. A more recent docket listing may be available from PACER.
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Filing 58 AGREED FINAL JUDGMENT (Signed by Judge George C. Hanks, Jr) Parties notified.(ccarnew, 3) |
Filing 57 ORDER granting #56 Motion for Judgment; granting #56 Motion for Entry of Order.(Signed by Judge George C. Hanks, Jr) Parties notified.(ccarnew, 3) |
Filing 56 Joint MOTION for Entry of Final Judgment, Joint MOTION for Entry of Order re: Agreed Judgment( Motion Docket Date 6/25/2015.) by Bank Of America, filed. (Attachments: #1 Proposed Order, #2 Proposed Order)(Watts, Jameson) |
Filing 55 NOTICE of Reassignment to Judge George C. Hanks, Jr, pursuant to General Order No. 2015-5. Deadlines in scheduling orders remain in effect. All court settings are vacated. Judge Gregg Costa and Magistrate Judge John R Froeschner no longer assigned to the case. Parties notified, filed. (dkellyadi, 4) |
Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 4/30/2015. Appearances: Jameson Joseph Watts, Bradley K Jones, Sean M Russell., filed.(sanderson, 3)*** Parties inform Court that settlement has been reached. Parties will file appropriate m/dism once settlement completely finalized. |
Filing 54 NOTICE of Setting. Parties notified....*** Telephone Status Conference set for 5/1/2015 at 01:30 PM before Magistrate Judge John R Froeschner, filed. (sanderson, 3) ***The Parties should call the Courts conference line at (409) 763-7881, at the designated time. |
Filing 53 ORDER granting #52 Motion for Continuance of Hearing is GRANTED, however, the Court WILL NOT reset the Hearing until such time as Plaintiff, Irvin A. Harrison, is medically able to participate in any further litigation. It is further ORDERED that and that the Evidentiary Hearing presently set for March 12, 2015, at 10:00 a.m., is CANCELLED.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
CONTINUATION OF ENTRY #53 FOR STATISTICAL PURPOSES - *** Evidentiary Hearing set for 3/12/2015 at 10:00 AM before Magistrate Judge John R Froeschner is CANCELLED....***, Deadlines terminated(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE re: #52 Motion to Continue held on 3/9/2015. Appearances: Jameson Joseph Watts, Bradley K Jones, Sean M Russell., filed.(sanderson, 3)*** Motion discussed with Court. Medical condition of Pltf discussed. Evid Hrg set 3/12/15 cancelled and to be reset at later date/time. Order to follow. |
Filing 52 MOTION for Continuance of HearingMotions referred to John R Froeschner. by Irvin A. Harrison, Nancy Carol Harrison, filed. Motion Docket Date 3/30/2015. (Attachments: #1 Exhibit A, #2 Proposed Order)(Russell, Sean) |
Filing 51 ORDER granting #50 Second Joint Motion for Continuance and that the *** Evidentiary Hearing presently set for February 10, 2015, is CANCELLED and RESET until Thursday, March 12, 2015, at 10:00 a.m., at the United States Courthouse, 601 Rosenberg (25th Street), 7th Floor Courtroom, Galveston, Texas..(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) Modified on 1/27/2015 (sanderson, 3). |
CONTINUATION OF ENTRY #51 FOR STATISTICAL PURPOSES - *** Evidentiary Hearing RESET for 3/12/2015 at 10:00 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner (Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
Filing 50 Joint MOTION for Continuance of HearingMotions referred to John R Froeschner. by Irvin A. Harrison, Nancy Carol Harrison, filed. Motion Docket Date 2/17/2015. (Attachments: #1 Proposed Order Proposed Order)(Russell, Sean) |
Filing 49 ORDER granting #48 Joint Motion for Continuance of Hearing; the Evidentiary Hearing presently set for January 7, 2015, is CANCELLED and *** RESET until Tuesday, February 10, 2015, at 10:00 a.m.. (Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
CONTINUATION OF ENTRY #49 FOR STATISTICAL PURPOSES - *** Evidentiary Hearing re: allocuation of settlement funds RESET until 2/10/2015 at 10:00 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner (Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
Filing 48 Joint MOTION for Continuance of January 7, 2015 HearingMotions referred to John R Froeschner. by Bank Of America, filed. Motion Docket Date 1/21/2015. (Attachments: #1 Proposed Order)(Watts, Jameson) |
Filing 47 NOTICE of Note of Evidence by Fidelity National Property and Casualty Insurance Company, filed. (Attachments: #1 Exhibit A)(DeJean, William) |
Filing 46 ORDER that an *** Evidentiary Hearing is SET for 1/7/2015 at 10:00 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE SCHEDULING CONFERENCE held on 12/18/2014. Appearances: Jameson Joseph Watts, William Ross DeJean, Bradley K Jones, Sean M Russell., filed.(sanderson, 3)*** Case/deadlines discussed with Court. Evidentary Hearing set 1/7/15 @ 10:00. Order to follow |
Filing 45 NOTICE of Setting. Parties notified.... *** Telephone Scheduling Conference set for 12/18/2014 at 10:30 AM before Magistrate Judge John R Froeschner, filed. (sanderson, 3) ***The Parties should call the Courts conference line at (409) 763-7881, at the designated time. |
Filing 44 PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW re: #24 Motion to Allocate Funds - The end result, in the opinion of this Court, is that BoA is entitled to that portion of the settlement for damages to the structure and real property. Because the settlement fund is unallocated, it will be necessary, as a prelude to the issuance of a complete Report and Recommendation to the District Court, to determine the amounts of the fund attributable to building and real property damage and to the personal property of the Plaintiffs. To address that matter, the Court WILL set a Scheduling Conference to discuss the necessary procedures to accomplish that task.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
Filing 43 ORDER OF REINSTATEMENT / REOPENING CASE. It is, therefore, ORDERED that this case is REINSTATED to the active docket of the District Court for further proceedings. Case reopened on 12/3/14(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
Filing 42 SUPPLEMENT to #35 Response in Opposition to Motion by Bank Of America, filed.(Watts, Jameson) |
Filing 41 ORDER granting #34 Motion for Joinder of Bank of America. It is further ORDERED that any further briefing on the Plaintiffs #24 Motion to Allocate the Settlement Funds SHALL be filed on or before Friday, November 7, 2014.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
CONTINUATION OF ENTRY #41 FOR STATISTICAL PURPOSES - It is further ORDERED that any further briefing on the Plaintiffs #24 Motion to Allocate the Settlement Funds SHALL be filed on or before Friday, November 7, 2014; Briefing due by 11/7/2014(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
Filing 40 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. MOTION HEARING held on 10/29/2014 re: #24 MOTION to Enforce/Allocate Funds, #34 MOTION to Join. Appearances: Jameson Joseph Watts, Sean M Russell.(ERO:Y), filed.(sanderson, 3)*** Motions discussed in court. M/Join gr'd. Addt'l briefing on M/Allocate Funds due 11/7/14. Order to follow. Adjourn |
Filing 39 ORDER that a Motion Hearing is SET re: #24 MOTION to Enforce/Allocate the Settlement Funds, #34 MOTION to Join... *** Motion Hearing set for 10/29/2014 at 10:00 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner (Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
Filing 38 RESPONSE to #34 Notice of Appearance and Bank of America's Motion to Join, filed by Irvin A. Harrison, Nancy Carol Harrison. (Attachments: #1 Exhibit A, #2 Proposed Order)(Russell, Sean) |
Filing 37 REPLY in Support of #24 MOTION to Enforce, filed by Irvin A. Harrison, Nancy Carol Harrison. (Russell, Sean) |
Filing 36 ORDER that Replies, if any, to #35 Bank of America's Opposition SHALL be filed re: #24 MOTION to Enforce/Allocate Settlement Funds; Replies due by 10/10/2014(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
Filing 35 RESPONSE in Opposition to #24 MOTION to Enforce, filed by Bank Of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Watts, Jameson) |
Filing 34 NOTICE of Appearance and MOTION to Join by Attorney Jameson Watts on behalf of Bank Of America, filed. (Watts, Jameson) |
Filing 33 AFFIDAVIT of Service on Bank of America, N.A. re: #31 Monition Issued,,, filed.(Jones, Bradley) |
Filing 32 AFFIDAVIT of Affidavit of Service on Bank of America, N.A. re: #30 Order,, filed.(Jones, Bradley) |
Filing 31 MONITION issued upon Bank of America - - Bank of America SHALL have until September 19, 2014, to assert and file in this cause any claim it may have to the settlement funds and to mail a copy of same to counsel of record Sean M. Russell, 6280 Delaware Street, Beaumont, Texas 77706, counsel for Plaintiffs, and William R. DeJean, 3838 North Causeway Blvd., Suite 2850, Metairie, Louisiana, 70002, counsel for Defendant, or be forever barred from making any claim to the settlement funds., filed.(sanderson, 3) *** Motion to be served by counsel for Dft upon Bank of America by process server, filed.(sanderson, 3) |
Filing 30 ORDER re: #24 Motion to Allocate Settlement Funds... In an effort to bring this case to a close at the least cost to the Parties, while also giving Bank of America notice and an opportunity to be heard, it is ORDERED that a Monition SHALL issue and be served upon Bank of America, N.A. by service upon its registered agent, CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas, 75201-3136.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
Filing 29 Mail Returned Undeliverable as to Bank Of America re: #26 Monition Issued,, #25 Order,,, filed. (ccarnew, 3) |
Filing 28 Mail Returned Undeliverable as to Lucien Kay Campbell re: #25 Order,,, filed. (ccarnew, 3) |
Filing 26 MONITION issued upon Bank of America - - Bank of America SHALL have until August 18, 2014, to assert and file in this cause any claim it may have to the settlement funds and to mail a copy of same to counsel of record Sean M. Russell, 6280 Delaware Street, Beaumont, Texas 77706, counsel for Plaintiffs, and William R. DeJean, 3838 North Causeway Blvd., Suite 2850, Metairie, Louisiana, 70002, counsel for Defendant, or be forever barred from making any claim to the settlement funds., filed.(sanderson, 3) *** Served upon Bank of America via crrr pursuant to #25 Order of Court |
Filing 25 ORDER re: #24 Motion to Allocate Settlement Funds... In an effort to bring this case to a close at the least cost to the Parties, while also giving Bank of America notice and an opportunity to be heard, it is ORDERED that a Monition SHALL issue and be served by certified mail, return receipt requested, upon Bank of America, N.A., at 333 Clay, Ste. 3600, Houston, Texas 77002 and its registered agent, Lucien Key Campbell at 8200 Jones Road, Houston, 77065.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 7/2/2014. Appearances: William Ross DeJean, Bradley K Jones, Sean M Russell., filed.(sanderson, 3)*** Issue of settlement check discussed with Court. Order to follow. |
Filing 24 MOTION to Enforce Motions referred to John R Froeschner. by Irvin A. Harrison, Nancy Carol Harrison, filed. Motion Docket Date 7/15/2014. (Attachments: #1 Exhibit A, #2 Proposed Order)(Russell, Sean) |
Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 5/27/2014. Appearances: William Ross DeJean, Sean M Russell., filed.(sanderson, 3)*** Status of finalizing settlement discussed with Court. Parties to continue to work on finalizing settlement documents. |
Filing 23 ORDER OF DISMISSAL. Case terminated on 4/17/14(Signed by Judge Gregg Costa) Parties notified.(arrivera, 3) |
Filing 22 ORDER that the Parties SHALL complete all of the remaining discovery specifically listed in the Report on or before January 16, 2015; Discovery due by 1/16/2015.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
Filing 21 Joint Status Report by Fidelity National Property and Casualty Insurance Company, filed.(DeJean, William) |
Filing 20 NOTICE of Initial Disclosures by Irvin A. Harrison, Nancy Carol Harrison, filed. (Russell, Sean) |
Filing 19 RETURN of Service of SUMMONS Executed as to Fidelity National Property and Casualty Insurance Company served on 10/1/2013, answer due 10/22/2013, filed.(bcampos, 1) |
Filing 18 ORDER that the Parties SHALL submit a Joint Status Report due by 1/10/2014(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
Filing 17 ORDER denying as moot #4 Motion to Dismiss of Dft Fidelity Nat'l Ins Co.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
Filing 16 ORDER granting #15 Joint Motion to Dismiss Dft Fidelity National Insurance Company.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)(Fidelity Nat'l Ins Co was wrongly named party to this action and has been amended out of case pursuant to the filing of Pla's Amended Complaint) |
Filing 15 Joint MOTION to Dismiss without Prejudice Motions referred to John R Froeschner. by Fidelity National Property and Casualty Insurance Company, filed. Motion Docket Date 10/30/2013. (Attachments: #1 Proposed Order)(Jones, Bradley) |
Filing 14 CORPORATE DISCLOSURE STATEMENT by Fidelity National Property and Casualty Insurance Company identifying Fidelity National Insurance Company, Duval Holdings,Inc. as Corporate Parent, filed.(DeJean, William) |
Filing 13 ANSWER to #8 AMENDED Complaint by Fidelity National Property and Casualty Insurance Company, filed.(DeJean, William) Modified on 10/7/2013 (ltrevino, 3). Modified on 10/9/2013 (sanderson, 3). |
Filing 12 RETURN of Service of SUMMONS Executed as to Fidelity National Insurance Company served on 9/17/2013, answer due 10/8/2013, filed.(sguevara, 4) |
Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 9/27/2013. Appearances: William Ross DeJean, Bradley K Jones, Sean M Russell., filed.(sanderson, 3)*** Pla's Amend Cmplt filed. Phone Sked Conf to be set after newly named Dft files answer. |
Filing 11 RESPONSE to #4 MOTION to Dismiss Or For Joinder for Failure to Join a Party Under Rule 19 filed by Irvin A. Harrison, Nancy Carol Harrison. (Attachments: #1 Proposed Order)(Russell, Sean) |
Filing 10 Document(s) Sent by regular mail to Sean M. Russell re: Summons Issued, filed. (lusmith, 3) |
Summons Issued as to Fidelity National Property and Casualty Insurance Company, filed.(lusmith, 3) |
Filing 9 Request for Issuance of Summons as to Fidelity National Property and Casualty Insurance Company, filed.(Russell, Sean) |
Filing 8 AMENDED Complaint with Jury Demand against Fidelity National Property and Casualty Insurance Company filed by Irvin A. Harrison, Nancy Carol Harrison.(Russell, Sean) Modified on 10/9/2013 (sanderson, 3).*** Adds proper Dft Fidelity Nat'l Prop & Cas Ins Co to case and amends out Dft Fidelity Nat'l Ins Co |
Filing 7 NOTICE of Setting. Parties notified....*** Telephone Status Conference set for 9/27/2013 at 10:30 AM before Magistrate Judge John R Froeschner, filed. (sanderson, 3) ***The Parties should call the Courts conference line at (409) 763-7881, at the designated time. |
Filing 6 NOTICE of Appearance by Bradley K. Jones on behalf of Fidelity National Insurance Company, filed. (Jones, Bradley) |
Document(s) Sent by regular mail to Sean M. Russell re: Summons Issued, filed. (lusmith, 3) |
Summons Issued as to Fidelity National Insurance Company, filed.(lusmith, 3) |
Filing 5 MEMORANDUM in Support of Defendant's Federal Rule of Civil Procedure 12(b)(7) Motion to Dismiss Or For Joinder For Failure To Join A Party Under Rule 19 re: #4 MOTION to Dismiss Or For Joinder for Failure to Join a Party Under Rule 19 by Fidelity National Insurance Company, filed. (Attachments: #1 Exhibit A)(DeJean, William) |
Filing 4 MOTION to Dismiss Or For Joinder for Failure to Join a Party Under Rule 19 Motions referred to John R Froeschner. by Fidelity National Insurance Company, filed. Motion Docket Date 10/4/2013. (Attachments: #1 Proposed Order)(DeJean, William) |
Filing 3 ORDER REFERRING CASE to Magistrate Judge John R Froeschner(Signed by Judge Gregg Costa) Parties notified.(dwilkerson, ) |
Summons Issued as to Fidelity National Insurance Company.(dwilkerson, ) |
Document(s) Sent by regular mail to Sean M. Russell re: #2 Summons - Request for Issuance. (dwilkerson, ) |
Filing 2 Request for Issuance of Summons as to Fidelity National Insurance Company, filed.(Russell, Sean) |
Filing 1 COMPLAINT against Fidelity National Insurance Company (Filing fee $ 400 receipt number 0541-11943352) filed by Irvin A. Harrison, Nancy Carol Harrison.(Russell, Sean) |
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