Wagner v. Steadfast Insurance Company
| Bryan C Wagner |
| North American Capacity Insurance Company, General Security Indemnity Company of Arizona, Scottsdale Insurance Company, Northfield Insurance Company, Steadfast Insurance Company, Gotham Insurance Company, United National Insurance Company and Riverstone Insurance (UK) Ltd. |
| 4:2019cv00798 |
| March 6, 2019 |
| US District Court for the Southern District of Texas |
| Nancy F Atlas |
| Insurance |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 8, 2019. A more recent docket listing may be available from PACER.
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Filing 26
ORDER OF DISMISSAL GRANTED #25 Notice of Settlement (Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 25 NOTICE of Settlement by Steadfast Insurance Company, filed. (Curran, Alicia) |
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Filing 24
ORDER STAYING CASE. Case terminated on 3/19/2019Plaintiff Bryan C. Wagners Motion for Voluntary Dismissal of All Claims Against Steadfast Insurance Company Without Prejudice (Motion) [Doc. # 11] is DENIED. It is furtherORDERED Plaintiff Bryan C. Wagners claims for declaratory judgment, breach of contract, and attorneys fees based on Defendant Steadfast Insurance Companys denial of Wagners demand for indemnity are STAYED pending the Courts consideration of indemnity issues in Federal Insurance Co. v. Northfield Insurance Co., No. 4:14-262 (S.D. Tex. 2014), which in turn is stayed until entry of final judgment in ExxonMobil Corp. v. Trade Exploration Corp., No. 09-60726 (189th Dist. Ct., Harris County, Tex. 2009). It is further ORDERED this case is ADMINISTRATIVELY CLOSED until the indemnity issues are ripe. The parties must notify the Court promptly when final judgment has been entered in the ExxonMobil Corp. v. Trade Exploration Corp. case. (Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 23 NOTICE of Transfer. Case reassigned to Judge Nancy F Atlas for the following reason: Judge's Agreement. Judge David Hittner no longer assigned to the case. Parties notified, filed. (ealexander, 4) |
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Filing 22
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/29/2019 at 10:00 AM in Courtroom 703 before Magistrate Judge Peter Bray. (Signed by Judge David Hittner) Parties notified.(hcarradi, 4)
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| Filing 21 Case transferred in from Texas Northern. Case Number 4:19-cv-00016; certified copy of transfer order, certified docket sheet, and transfer letter received |
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Filing 20
ORDER: The court ORDERS that defendant's motion to transfer venue be, and is hereby, granted, and this action be, and is hereby, transferred to the United States District Court for the Southern District of Texas for possible consolidation with the Southern District action. (Ordered by Senior Judge John McBryde on 3/5/2019) (bdb)
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| Filing 19 Appendix in Support filed by Bryan C Wagner re #18 Response (Attachments: #1 pp 50-100, #2 pp 101-150, #3 pp 151-189) (npk) |
| Filing 18 RESPONSE filed by Bryan C Wagner re: MOTION to Transfer Venue (npk) |
| Filing 17 Appendix in Support filed by Bryan C Wagner re #16 Reply. (Attachments: #1 appx pt 2 pgs 45-93, #2 appx pt 3 pgs 94-139, #3 appx pt 4 pgs 140-155) (tln) |
| Filing 16 REPLY filed by Bryan C Wagner re: #11 MOTION for Voluntary Dismissal of All Claims Against Steadfast Insurance Company Without Prejudice. (tln) |
| CROSS-MOTION to Transfer Venue filed by Steadfast Insurance Company with Brief/Memorandum in Support. (filed within document #14; see for image) (npk) |
| Filing 15 Appendix in Support filed by Steadfast Insurance Company re #14 Response/Objection (Attachments: #1 pp. 51-100, #2 pp. 101-150, #3 pp. 151-200, #4 pp. 201-250, #5 pp. 251-300, #6 pp. 301-350, #7 pp. 351-401) (npk) |
| Filing 14 RESPONSE filed by Steadfast Insurance Company re: #11 MOTION to Dismiss (npk) |
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Filing 13
FINAL JUDGMENT AS TO CERTAIN PARTIES: The court ORDERS, ADJUDGES, and DECREES that the claims of plaintiff, Bryan C. Wagner, against defendants... are hereby, dismissed without prejudice. The style of this action be amended to reflect that Steadfast Insurance Company is the sole defendant in this action. North American Capacity Insurance Company (as successor-in-interest to Commercial Underwriters Insurance Company), North American Capacity Insurance Company, Northfield Insurance Company, Riverstone Insurance (UK) Ltd., Scottsdale Insurance Company, United National Insurance Company, General Security Indemnity Company of Arizona and Gotham Insurance Company terminated. (Ordered by Senior Judge John McBryde on 1/29/2019) (npk)
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| Filing 12 Appendix in Support filed by Bryan C Wagner re #11 MOTION for Voluntary Dismissal of All Claims Against Steadfast Insurance Company Without Prejudice. (edm) |
| Filing 11 MOTION for Voluntary Dismissal of All Claims Against Steadfast Insurance Company Without Prejudice filed by Bryan C Wagner with Brief/Memorandum in Support. (edm) |
| Filing 10 NOTICE of Dismissal Without Prejudice as to Certain Defendants filed by Bryan C Wagner (npk) |
| Filing 9 ANSWER to Complaint filed by Steadfast Insurance Company. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (npk) |
| Filing 8 Judge McBryde's paper original and copy received pursuant to order #7 re: #2 Notice of Related case, #1 Notice of Removal, filed by Steadfast Insurance Company (npk) |
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Filing 7
ORDER Unfiling #5 Notice of Removal filed by Steadfast Insurance Company due to the following deficiency: The document is signed using a typed signature, not an original signature as required. The collection of exhibits is located in the same volume as the notice of removal and does not bear consecutive page numbers, and the table of contents attached thereto does not give the page number where each exhibit can be found. Despite being more than fifty pages, the collection of exhibits is not spiral-bound on the side, and pertinent items are not highlighted. If Steadfast wishes to retrieve the item from the clerk's office, it must do so by 2:00 p.m. on January 14, 2019. Otherwise, the item will be disposed of as the clerk sees fit. The court further ORDERS that Steadfast be, and is hereby, granted an extension of time until 4:00 p.m. on January 15, 2019, in which to file proper documents. (Ordered by Senior Judge John McBryde on 1/11/2019) (npk)
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| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Steadfast Insurance Company. (npk) |
| Filing 5 ***UNFILED PER ORDER #7*** Judge McBryde's paper original and copies received pursuant to Standing Order re: #2 Notice of Related Case, #1 Notice of Removal, filed by Steadfast Insurance Company [NOD]. (npk) Modified on 1/11/2019 (npk). |
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Filing 4
Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Senior Judge John McBryde on 1/9/2019) (bdb)
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| Filing 3 New Case Notes: A filing fee has been paid. File to Judge McBryde. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (bdb) |
| Filing 2 NOTICE of Related Case filed by Steadfast Insurance Company (Curran, Alicia) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND from 17th Judicial District, Tarrant County District Court, case number 017-305307-19 filed by Steadfast Insurance Company. (Filing fee $400; receipt number 0539-9693330) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Cover Sheet, #13 Cover Sheet Supplement) (Curran, Alicia) Modified on 1/9/2019 (wxc). |
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