Marmac LLC v. Wright National Flood Insurance Services, LLC et al
| Marmac LLC d/b/a McDonough Marine Service, Marmac LLC and Marmac LLC doing business as McDonough Marine Service |
| Wright National Flood Insurance Services, LLC, Colonial Claims LLC and Wright National Flood Insurance Company |
| 4:2018cv04694 |
| December 13, 2018 |
| US District Court for the Southern District of Texas |
| George C Hanks |
| David Hittner |
| Insurance |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 23, 2020. A more recent docket listing may be available from PACER.
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Filing 55
ORDER. The conditional order of dismissal date is extended from November 23, 2020 up to and including January 22, 2021. (Signed by Judge George C Hanks, Jr) Parties notified.(olindor, 4)
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| Filing 54 PROPOSED ORDER re: #53 Status Report, #52 Order of Dismissal,, filed.(PatzeltRusso, Melissa) |
| Filing 53 STATUS REPORT by Marmac LLC, filed.(PatzeltRusso, Melissa) |
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Filing 52
CONDITIONAL ORDER OF DISMISSAL re: #51 Notice of Settlement. Case terminated on 10/22/2020. Deadline to reinstate: within 30 days from the date of this order. Deadline to reinstate: November 23, 2020. (Signed by Judge George C Hanks, Jr) Parties notified.(gclair, 4)
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| Filing 51 NOTICE of Settlement by Wright National Flood Insurance Company, filed. (deWitt, Alexander) |
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Filing 50
ORDER - Discovery is extended to 10/7/2020. Motions for Summary Judgment due by 10/16/2020. Responses due by 10/30/2020. Replies due by 11/5/2020. (Signed by Judge George C Hanks, Jr) Parties notified.(sanderson, 4)
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| Filing 49 STATUS REPORT by Marmac LLC, filed. (Attachments: #1 Proposed Order)(PatzeltRusso, Melissa) |
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Filing 48
ORDER granting #47 Status Report ( Discovery due by 9/25/2020.)(Signed by Judge George C Hanks, Jr) Parties notified.(gclair, 4)
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| Filing 47 STATUS REPORT by Marmac LLC, filed. (Attachments: #1 Proposed Order)(PatzeltRusso, Melissa) |
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Filing 46
ORDER granting #45 Status Report ( Discovery due by 9/11/2020.)(Signed by Judge George C Hanks, Jr) Parties notified.(gclair, 4)
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| Filing 45 STATUS REPORT by Marmac LLC, filed. (Attachments: #1 Proposed Order)(PatzeltRusso, Melissa) |
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Filing 44
ORDER to Extend Discovery Deadline and Setting Schedule for Summary Judgment. Discovery due by 9/4/2020. Motion for Summary Judgment due by 10/9/2020. Responses due by 10/23/2020. Replies due by 10/30/2020. (Signed by Judge George C Hanks, Jr) Parties notified.(gclair, 4)
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| Filing 43 PROPOSED ORDER re: #42 Status Report, filed.(PatzeltRusso, Melissa) |
| Filing 42 STATUS REPORT by Marmac LLC, filed.(PatzeltRusso, Melissa) |
| Filing 41 NOTICE of Appearance by Michael G. Chalos on behalf of Marmac LLC, filed. (Chalos, Michael) |
| Filing 40 Minute Entry for proceedings held before Judge George C Hanks, Jr. STATUS CONFERENCE held on 6/18/2020. Depositions will take place as agreed on the record. Appearances: Bradley K Jones, Melissa Danielle PatzeltRusso, Alexander Spotswood deWitt.(Court Reporter: F Warner)(Digital # 10:01-10:10), filed.(gclair, 4) |
| Filing 39 NOTICE of Setting. Status Conference set for 6/18/2020 at 10:00 AM by video before Judge George C Hanks Jr, filed. ZoomGov.com information provided. Parties notified., filed. (gclair, 4) |
| Filing 37 NOTICE of Setting as to #36 Motion Hearing,,. Parties notified. Docket Call set for 11/6/2020 at 03:00 PM by telephone before Judge George C Hanks Jr, filed. (SusanGram, 3) |
| Filing 38 NOTICE of Setting as to #36 Motion Hearing. Parties notified. Status Conference set for 6/18/2020 at 10:00 AM by telephone before Judge George C Hanks Jr, filed. (SusanGram, 3) |
| Filing 36 Minute Entry for proceedings held before Judge George C Hanks, Jr. MOTION HEARING held on 5/7/2020 granting in part, denying in part #32 Joint MOTION for Extension of Time to Modify Rule 16 Scheduling Order and Joint Status Report. ( Discovery due by 8/30/2020., Joint Pretrial Order due by 10/30/2020., Docket Call set for 11/6/2020 at 03:00 PM by telephone before Judge George C Hanks Jr., Status Conference set for 6/18/2020 at 10:00 AM by telephone before Judge George C Hanks Jr). Appearances: Melissa Danielle PatzeltRusso, Alexander Spotswood deWitt.(Court Reporter: H. Alcaraz)(Digital # 10:47 - 11:09), filed.(SusanGram, 3) |
| Filing 35 NOTICE of Setting as to #32 Joint MOTION for Extension of Time to Modify Rule 16 Scheduling Order and Joint Status Report. Parties notified. Motion Hearing set for 5/7/2020 at 10:45 AM in telephone before Judge George C Hanks Jr, filed. (jegonzalez, 4) |
| Filing 34 NOTICE of Reassignment. Case reassigned to Judge George C Hanks, Jr. Judge David Hittner no longer assigned to the case. Parties notified, filed. (olindor, 4) |
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Filing 33
RECUSAL ORDER. Judge David Hittner recused. Deadlines in scheduling orders subsist. Court settings are vacated.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 32 Joint MOTION for Extension of Time to Modify Rule 16 Scheduling Order and Joint Status Report by Marmac LLC, filed. Motion Docket Date 5/13/2020. (Attachments: #1 Proposed Order)(PatzeltRusso, Melissa) |
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Filing 31
ORDER granting #30 Motion for Extension of Time. Discovery shall be completed by 5/1/20; motion cut-off is 5/29/20; joint pretrial order due by 8/28/20 and this case is set for the September/October, 2020 trial term.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 30 Joint MOTION for Extension of Time to Modify Rule 16 Scheduling Order and Joint Status Report by Marmac LLC, filed. Motion Docket Date 2/20/2020. (Attachments: #1 Proposed Order)(PatzeltRusso, Melissa) |
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Filing 29
AMENDED SCHEDULING ORDER granting #28 Joint MOTION for Extension of Time to Modify Rule 16 Scheduling Order. Trial Term: June, 2020. ETT: 3-4 days. Bench Trial. ( Discovery due by 1/31/2020., Dispositive Motion Filing due by 2/28/2020., Non-Dispositive Motion Filing due by 2/28/2020., Joint Pretrial Order due by 5/28/2020.)(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 28 Joint MOTION for Extension of Time to Modify Rule 16 Scheduling Order by Marmac LLC, filed. Motion Docket Date 11/20/2019. (Attachments: #1 Proposed Order)(PatzeltRusso, Melissa) |
| Filing 27 NOTICE of Appearance by Melissa Patzelt-Russo on behalf of Marmac LLC, filed. (PatzeltRusso, Melissa) |
| Filing 26 ANSWER to #1 Complaint, by Wright National Flood Insurance Company, filed.(Jones, Bradley) |
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Filing 25
AGREED ORDER OF DISMISSAL that all claims alleged against Defendant Colonial Claims, LLC are dismissed with prejudice, with each party to bear its own costs and fees. (Signed by Judge David Hittner) Parties notified.(ealexander, 4) Modified on 4/8/2019 (ealexander, 4).
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Filing 24
AGREED ORDER granting #8 Motion to Dismiss. All extra-contractual and state-law claims alleged against Wright in the Complaint, including the claims alleged in the Second Cause of Action ("Bad Faith and Breach of the Duty of Good Faith and Fair Dealing"), Third Cause of Action ("Fraud and Negligent Misrepresentation"), Fourth Cause of Action ("Unjust Enrichment"), and Fifth Cause of Action ("Texas Deceptive Trade Practices Act"), and the Plaintiff's demand for attorney's fees and prejudgment interest, are hereby dismissed with prejudice, leaving only the federal claim for Breach of Contract (First Cause of Action) to proceed. The Plaintiff's jury demand is STRICKEN and Wright shall file its Answer to the Complaint within 14 days of entry of this Order.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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Filing 23
ORDER OF DISMISSAL as to all claims alleged against Defendant Colonial Claims, LLC with each party to bear its own costs and fees. (Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 22 STIPULATION of Dismissal by Colonial Claims LLC, Wright National Flood Insurance Company, filed. (Attachments: #1 Proposed Order)(Jones, Bradley) |
| Filing 21 Agreed PROPOSED ORDER re: #8 MOTION to Dismiss , filed.(Jones, Bradley) |
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Filing 20
ORDER granting #19 Motion for Extension of Time. Plaintiff must file a response to Wright's Motion to Dismiss on or before March 29, 2019.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Main Document 20 replaced on 3/12/2019) (ealexander, 4).
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| Filing 19 MOTION for Extension of Time of all existing response deadlines by Wright National Flood Insurance Company, filed. Motion Docket Date 4/1/2019. (Attachments: #1 Proposed Order)(Jones, Bradley) |
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Filing 18
SCHEDULING ORDER. Trial Term: March/April 2020. ETT: 3-4 days. Bench trial. Amended Pleadings due by 4/5/2019. Joinder of Parties due by 4/5/2019 Pltf Expert Witness List due by 5/31/2019. Deft Expert Witness List due by 6/28/2019. Discovery due by 10/31/2019. Dispositive Motion Filing due by 11/29/2019. Non-Dispositive Motion Filing due by 11/29/2019. Joint Pretrial Order due by 2/28/2020.(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4)
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| Filing 17 Minute Entry for proceedings held before Magistrate Judge Peter Bray. SCHEDULING CONFERENCE held on 3/5/2019. Scheduling order issued. Appearances: Briton Paul Sparkman, Alexander Spotswood deWitt.(ERO:L Howard), filed.(jmarchand, 4) |
| Filing 16 NOTICE of Appearance by Briton P. Sparkman on behalf of Marmac LLC, filed. (Sparkman, Briton) |
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Filing 15
ORDER granting #14 Motion for Extension of Time. The deadline to answer or otherwise respond to Plaintiff's original complaint is extended to March 15, 2019.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 14 Agreed MOTION for Extension of Time TO FILE RESPONSIVE PLEADINGS by Colonial Claims LLC, Wright National Flood Insurance Company, filed. Motion Docket Date 3/22/2019. (Attachments: #1 Proposed Order)(Jones, Bradley) |
| Filing 13 CERTIFICATE OF INTERESTED PARTIES by Wright National Flood Insurance Company, filed.(Jones, Bradley) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT by Wright National Flood Insurance Company identifying Brown & Brown, Inc. as Corporate Parent, filed.(Jones, Bradley) |
| Filing 11 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Wright National Flood Insurance Company, filed.(Jones, Bradley) |
| Filing 10 NOTICE of Appearance by Alexander S. de Witt on behalf of Wright National Flood Insurance Company, filed. (deWitt, Alexander) |
| Filing 9 CERTIFICATE OF SERVICE of Summons Issued/Not Issued by Marmac LLC, filed.(Chalos, George) |
| Filing 8 MOTION to Dismiss by Wright National Flood Insurance Company, filed. Motion Docket Date 3/12/2019. (Attachments: #1 Brief in Support, #2 Proposed Order)(Jones, Bradley) |
| Filing 7 WAIVER OF SERVICE Returned Executed as to Wright National Flood Insurance Services, LLC served on 12/21/2018, answer due 2/19/2019, filed.(Chalos, George) |
| Summons Issued as to Colonial Claims LLC, Wright National Flood Insurance Services, LLC. Issued summons delivered to plaintiff by First-class mail, filed.(hlerma, 4) |
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Filing 6
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/5/2019 at 02:00 PM in Courtroom 703 before Magistrate Judge Peter Bray. (Signed by Judge David Hittner) Parties notified.(SarahShelbyadi, 4)
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| Filing 5 Request for Issuance of Summons as to Colonial Claims LLC, filed.(Chalos, George) |
| Filing 4 Request for Issuance of Summons as to Wright National Flood Insurance Services, LLC, filed.(Chalos, George) |
| Filing 3 Civil Cover Sheet by Marmac LLC d/b/a McDonough Marine Service, filed.(Chalos, George) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Marmac LLC d/b/a McDonough Marine Service, filed.(Chalos, George) |
| Filing 1 COMPLAINT against Colonial Claims LLC, Wright National Flood Insurance Services, LLC (Filing fee $ 400 receipt number 0541-21462692) filed by Marmac LLC d/b/a McDonough Marine Service. (Attachments: #1 Exhibit A, #2 Exhibit B)(Chalos, George) |
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