Hernandez v. Texas Farmers Insurance Company
| Josue Hernandez |
| Texas Farmers Insurance Company |
| 4:2018cv03148 |
| September 5, 2018 |
| US District Court for the Southern District of Texas |
| Lee H Rosenthal |
| Ewing Werlein |
| Insurance |
| 42 U.S.C. § 4072 |
| None |
Docket Report
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This docket was last retrieved on March 13, 2020. A more recent docket listing may be available from PACER.
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Filing 28
ORDER OF DISMISSAL with prejudice, granting #27 Stipulation of Dismissal (Signed by Chief Judge Lee H Rosenthal) Parties notified.(ShoshanaArnow, 4)
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| Filing 27 STIPULATION of Dismissal With Prejudice by Texas Farmers Insurance Company, filed. (Attachments: #1 Proposed Order)(Milano, Deani) |
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Filing 26
ORDER OF DISMISSAL entered based on settlement notification. Case terminated on 2/6/20. Deadline to reinstate: within 60 days from the date of this order.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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| Filing 25 NOTICE of Settlement by Texas Farmers Insurance Company, filed. (Milano, Deani) |
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Filing 24
SCHEDULING AND DOCKETING ORDER. Reinspections and Expert Designation due by 1/10/2020, Completion of Plaintiffs' and Designated Experts' Depositions due by 2/14/2020, Mediation due by 3/13/2020. Dispositive Motion and Motion in Limine Filing due by 3/27/2020. Joint Pretrial Order due by 3/27/2020. Docket Call set for 4/3/2020 at 08:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4)
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| Filing 23 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Status conference held on December 13, 2019. The court heard from counsel of record and determined the work and schedule to prepare to try the case. The court will separately enter a docketing and scheduling order, as stated on the record. Appearances:Addie Butler/Cate Biggs for Pltf. and Brad Jones/Joe Aguda/Keith Detweiler for Deft.(Court Reporter: L. Smith), filed.(leddins, 4) |
| Filing 22 NOTICE of Setting. Parties notified. Status Conference set for 12/13/2019 at 01:30 PM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4) |
| Filing 21 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Status conference held on July 26, 2019. The court had the parties identify the settled cases and stated that they would be resolved by a 30-day dismissal order. The parties agreed. As to the nonsettled cases set for hearing, the court resolved the parties discovery dispute. The defendant must serve an interrogatory and a request for production of related documents showing the property owners repair costs and, as feasible, the items the costs relate to, no later than August 23, 2019. The defendant insurer must also serve any Rule 45 third-party repairer subpoenas no later than August 23, 2019. The plaintiff insureds must respond to the interrogatory and production request, with verified responses as required or affidavits or declarations, all under penalty of perjury, no later than September 20, 2019. The parties then have until November 1, 2019, to engage in settlement or mediation efforts. For cases that settle, the parties must inform the court promptly. The court will hold a status and scheduling conference as to the remaining cases on November 8, 2019, at 9:00 a.m. in Courtroom 11-B. Appearances: Cate Biggs, Addie Butler, Brad Jones, Joe Aguda and Keith Detweiler.(Court Reporter: N. Forrest), filed.(leddins, 4) |
| Filing 20 NOTICE of Setting. Parties notified. Status Conference set for 7/26/2019 at 01:30 PM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4) |
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Filing 19
ORDER MODIFYING FEBRUARY 15, 2019, ORDER RELATING TO THE DISASTER LITIGATION INITIAL DISCOVERY PROCEDURES. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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| Filing 18 Minute Entry for proceedings held before Chief Judge Lee H Rosenthal. PRE-MOTION CONFERENCE held on 5/9/2019. The court redacted the plaintiffs' motion for a status conference and ordered it stricken from the record, mooting Texas Farmers's request for leave to move to strike. The court will docket the redacted motion and a redacted version of Texas Farmers's response. The court will file the original motion and Texas Farmers's unredacted response under seal to complete the record. The court heard argument on the parties' discovery disputes and performance under the Disaster Litigation Initial Discovery Protocols, as stated in detail on the record. The court found that the Protocols responses have been exchanged. The case is stayed until July 12, 2019, to give the parties an opportunity to settle the case. If the case is not resolved by July 12, 2019, within 7 days, or by July 19, 2019, either party may request a status conference. The court separately enters an order modifying the February 15, 2019, stay order.. Appearances: Addie Butler/Cate Biggs for Plaintiff; Bradley Jones/Joe Aguda/Bill Tres/Doug D'Arche/Ryan Walton for Defendant.(Court Reporter: L. Wells), filed.(leddins, 4) Modified on 5/13/2019 (leddins, 4). |
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Filing 17
ORDER entered : GRANTING MOTION for a Status Conference. A Pre-Motion Conference is set for 5/9/2019 at 02:30 PM in Courtroom 11B before Chief Judge Lee H Rosenthal. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Filing 16
ORDER STAYING CASE until May 24, 2019. If a case is not resolved by May 24, 2019, then either party may submit a motion for status conference by May 31, 2019. (Signed by Chief Judge Lee H Rosenthal) Parties notified. (lgouadi, 4)
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| Filing 15 Minute Entry for proceedings held before Chief Judge Lee H Rosenthal. SCHEDULING CONFERENCE held on 2/14/2019. Minute entry for proceedings before the Hon. Lee H. Rosenthal. Status conference held on February 14, 2019. The court stayed the coordinated cases against Texas Farmers until May 24, 2019, to allow settlement negotiations. The court and the parties discussed the procedures for settlement negotiations. The Initial Discovery Protocol responses must be exchanged by March 1, 2019. Texas Farmers must prepare responses to the plaintiffs disclosures by April 1, 2019. If the parties have a dispute, they must request a status conference or premotion hearing. Appearances: Cate Biggs/Addie Butler for Pltf. for Plaintiff; Bradley Jones/Joseph Aguda for Deft. for Defendant.(Court Reporter: J. Sanchez), filed.(leddins, 4) |
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Filing 14
ORDER ON INITIAL DISCOVERY PROTOCOLS FOR DISASTER CASES entered. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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| Filing 13 NOTICE of Setting. Parties notified. Status Conference set for 2/14/2019 at 02:00 PM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4) |
| Filing 12 NOTICE of Reassignment to Chief Judge Lee H Rosenthal per agreement of the judges. All court settings are vacated Judge Ewing Werlein, Jr no longer assigned to the case. Parties notified. (ltien, 4) |
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Filing 11
ORDER Granting #10 Motion for Continuance. Initial Conference is RESET to 1/25/2019 at 03:30 PM in Room 11521 before Judge Ewing Werlein, Jr. (Signed by Judge Ewing Werlein, Jr) Parties notified. (marflores, 4)
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| Filing 10 Unopposed MOTION for Continuance of Conference by Josue Hernandez, filed. Motion Docket Date 12/20/2018. (Attachments: #1 Proposed Order)(Biggs, Cate) |
| Filing 9 ANSWER to #1 Complaint by Texas Farmers Insurance Company, filed.(Jones, Bradley) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by Texas Farmers Insurance Company, filed.(Milano, Deani) |
| Filing 7 CERTIFICATE OF INTERESTED PARTIES by Texas Farmers Insurance Company, filed.(Milano, Deani) |
| Filing 6 NOTICE of Appearance by Deani Beard Milano on behalf of Texas Farmers Insurance Company, filed. (Milano, Deani) |
| Filing 5 WAIVER OF SERVICE Returned Executed as to Texas Farmers Insurance Company served on 9/20/2018, answer due 11/19/2018, filed.(Biggs, Cate) |
| Filing 4 CERTIFICATE OF INTERESTED PARTIES by Josue Hernandez, filed.(Biggs, Cate) |
| Filing 3 NOTICE of Appearance by Cate Biggs on behalf of Josue Hernandez, filed. (Biggs, Cate) |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/28/2018 at 04:15 PM in Room 11521 before Judge Ewing Werlein, Jr. (Signed by Judge Ewing Werlein, Jr) Parties notified.(RuthGuerreroadi, 4)
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| Filing 1 COMPLAINT against Texas Farmers Insurance Company (Filing fee $ 400 receipt number 0541-20815328) filed by Josue Hernandez. (Attachments: #1 Civil Cover Sheet)(Butler, Addie) |
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| Defendant: Texas Farmers Insurance Company | |
| Represented By: | Deani Beard Milano |
| Represented By: | Bradley K Jones |
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| Plaintiff: Josue Hernandez | |
| Represented By: | Addie Faye Butler |
| Represented By: | Cate Biggs |
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