Zihlman v. Foremost Insurance Company
Plaintiff: Kirk Zihlman
Defendant: Foremost Insurance Company
Case Number: 4:2019cv02954
Filed: August 8, 2019
Court: US District Court for the Southern District of Texas
Presiding Judge: Andrew S Hanen
Referring Judge: Frances H Stacy
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1330
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 1, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2020 Opinion or Order Filing 25 ORDER OF DISMISSAL re: #24 Joint Stipulation of Dismissal with Prejudice . Case terminated on 10/1/2020 (Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
September 29, 2020 Filing 24 STIPULATION of Dismissal With Prejudice by Foremost Insurance Company, filed. (Attachments: #1 Proposed Order)(Milano, Deani)
September 18, 2020 Opinion or Order Filing 23 ORDER REFERRING CASE to Magistrate Magistrate Judge Frances H Stacy. This case is Transferred to US Magistrate Judge Francis H. Stacy for all pretrial matters to include the issuance of a Memorandum and Recommendation on any dispositive motion.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
September 11, 2020 Filing 22 MOTION for Summary Judgment by Foremost Insurance Company, filed. Motion Docket Date 10/2/2020. (Attachments: #1 Exhibit 1 - Affidavit of Scott Lapine, #2 Exhibit 2 - The Arrangement, #3 Exhibit 3 - SFIP, #4 Exhibit 4 - Declararations Page, #5 Exhibit 5 - FEMA Bulletin W-17030, #6 Exhibit 6 - NFIP Preliminary Report, #7 Exhibit 7 - Building Estimate Totaling $46,140.22, #8 Exhibit 8 - Correspondence dated October 26, 2017, #9 Exhibit 9 - Building Check in the amount of $46,140.22, #10 Exhibit 10 - Estimate Totaling $48,673.01, #11 Exhibit 11 - Proof of Loss Totaling $48,673.01, #12 Exhibit 12 - Building Check in the amount of $2,532.79, #13 Exhibit 13 - Keystone Expert and Engineers Report, #14 Exhibit 14 - Building Estimate Totaling $50,309.26, #15 Exhibit 15 - Proofs of Loss Totaling $50,309.26, #16 Exhibit 16 - Correspondence dated April 23, 2018, #17 Exhibit 17 - Building Check in the amount of $1,636.25, #18 Exhibit 18 - Plaintiff's Notice of Claim Package (not finished), #19 Exhibit 19 - Correspondence dated February 21, 2019, #20 Exhibit 20 - Correspondence dated April 17, 2019, #21 Exhibit 21 - Deposition excerpts, #22 Exhibit 22 - Keystone Addendum Report)(Milano, Deani)
August 3, 2020 Filing 21 NOTICE of Appearance by Deani Beard Milano on behalf of Foremost Insurance Company, filed. (Milano, Deani)
June 26, 2020 Filing 20 DESIGNATION OF EXPERT WITNESS LIST by Kirk Zihlman, filed. (Attachments: #1 Exhibit Expert Report)(Carter, John)
April 29, 2020 Filing 19 NOTICE of Appearance by Henry J. Roth on behalf of Kirk Zihlman, filed. (Roth, Henry)
April 29, 2020 Filing 18 NOTICE of Appearance by R. William Huye, III on behalf of Kirk Zihlman, filed. (Huye, Richard)
April 2, 2020 Opinion or Order Filing 17 ORDER granting #16 Motion to Withdraw as Attorney. Attorney Phillip Norris Sanov terminated..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
April 1, 2020 Filing 16 MOTION for Phillip N. Sanov to Withdraw as Attorney by Kirk Zihlman, filed. Motion Docket Date 4/22/2020. (Attachments: #1 Proposed Order)(Carter, John)
March 11, 2020 Filing 15 NOTICE of Appearance by Kim Tran Britt on behalf of Foremost Insurance Company, filed. (Britt, Kim)
January 15, 2020 ***Set/Reset Scheduling Order and Trial Settings: ETT: 2 days. Bench Trial. Joinder of Parties due by 1/31/2020 Pltf Expert Report due by 6/26/2020. Deft Expert Report due by 7/27/2020. Discovery due by 8/28/2020. Dispositive Motion Filing due by 9/11/2020. Non-Dispositive Motion Filing due by 9/25/2020. Joint Pretrial Order due by 2/2/2021. Final Pretrial Conference set for 3/1/2021 at 01:30 PM before Judge Andrew S Hanen Jury Trial set for 3/8/2021 at 09:00 AM before Judge Andrew S Hanen (bwhite, 4)
January 15, 2020 Minute Entry for proceedings held before Magistrate Judge Frances H Stacy. SCHEDULING CONFERENCE held on 1/15/2020; docket control order to follow. Appearances: Bradley K Jones, Martin Alfonso Arguello, II.(Court Reporter: ERO)(Digital # 10:28-10:32)(ERO:L Purifoy), filed.(bwhite, 4)
January 13, 2020 Filing 14 NOTICE of Appearance by Ryan A. Walton on behalf of Foremost Insurance Company, filed. (Walton, Ryan)
January 2, 2020 Filing 13 NOTICE of Appearance by Bradley K. Jones on behalf of Foremost Insurance Company, filed. (Jones, Bradley)
January 2, 2020 Filing 12 NOTICE of Appearance by Henry Roth on behalf of Kirk Zihlman, filed. (Sanov, Phillip)
January 2, 2020 Filing 11 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Foremost Insurance Company, filed.(Treas, William)
October 28, 2019 Filing 10 NOTICE of Appearance by John D. Carter and Rajan Pandit on behalf of Kirk Zihlman, filed. (Carter, John)
September 23, 2019 Filing 9 ANSWER to #1 Complaint by Foremost Insurance Company, filed.(Treas, William)
September 18, 2019 Filing 8 CORPORATE DISCLOSURE STATEMENT by Foremost Insurance Company identifying Farmers Insurance Exchange, Fire Insurance Exchange, and Truck Insurance Exchange as Corporate Parent, filed.(Treas, William)
September 18, 2019 Filing 7 CERTIFICATE OF INTERESTED PARTIES by Foremost Insurance Company, filed.(Treas, William)
August 23, 2019 Filing 6 CERTIFICATE OF INTERESTED PARTIES by Kirk Zihlman, filed.(Arguello, Martin)
August 12, 2019 Filing 5 Summons Issued as to Foremost Insurance Company. Issued summons delivered to plaintiff by NEF, filed.(LoriPurifoy, 4)
August 11, 2019 Filing 4 Request for Issuance of Summons as to Foremost Insurance Company, filed.(Arguello, Martin)
August 11, 2019 Filing 3 NOTICE of Appearance by Martin A. Arguello, II on behalf of Kirk Zihlman, filed. (Arguello, Martin)
August 9, 2019 Opinion or Order Filing 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/15/2020 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy. (Signed by Judge Andrew S Hanen) Parties notified.(MelissaMorganadi, 4)
August 8, 2019 Filing 1 COMPLAINT against Foremost Insurance Company (Filing fee $ 400 receipt number 0541-22945880) filed by Kirk Zihlman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Arguello, Andres)

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Plaintiff: Kirk Zihlman
Represented By: Andres Alejandro Arguello
Represented By: Martin Alfonso Arguello, II
Represented By: Henry John Roth
Represented By: John Dennis Carter
Represented By: Rajan Pandit
Represented By: Richard William Huye, III
Represented By: Phillip Norris Sanov
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Defendant: Foremost Insurance Company
Represented By: William T Treas
Represented By: Deani Beard Milano
Represented By: Ryan Anderson Walton
Represented By: Bradley K Jones
Represented By: Kim Tran Britt
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