Randolph v. USI Insurance Services, LLC et al. DO NOT DOCKET IN 4:20-cv-1419. CASE IS CONSOLIDATED UNDER 4:19-cv-4768.
| Todd C. Randolph |
| USI Insurance Services, LLC and Anco Insurance Services of Houston, Inc. |
| 4:2020cv01419 |
| April 22, 2020 |
| US District Court for the Southern District of Texas |
| Andrew S Hanen |
| David Hittner |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on May 13, 2020. A more recent docket listing may be available from PACER.
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Filing 42
ORDER granting #39 Motion to Consolidate Cases: Lead Case No. 4:19-cv-4768 and Member Case No. 4:20-cv-1419.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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Filing 41
ORDER granting #40 Motion to Substitute Attorney Kelli Hinson. Attorney Nancy H. Baughan and Michael Charles Sullivan terminated.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 40 Unopposed MOTION to Substitute Attorney Kelli M. Hinson and Carrington, Coleman, Sloman & Blumenthal, L.L.P. in place of Nancy H. Baughan, Michael C. Sullivan, and Parker Hudson Rainer & Dobbs LLP by USI Insurance Services, LLC, filed. Motion Docket Date 6/2/2020. (Attachments: #1 Proposed Order Granting Unopposed Motion to Substitute Counsel)(Hinson, Kelli) |
| Filing 39 Unopposed MOTION to Consolidate Lead Case No. 4:19-cv-04768 and Member Case No. 4:20-cv-1419 by Todd C. Randolph, filed. Motion Docket Date 6/1/2020. (Attachments: #1 Proposed Order)(Barron, David) |
| Filing 38 NOTICE of Appearance by Aaron Holt on behalf of Todd C. Randolph, filed. (Holt, Aaron) |
| Filing 37 NOTICE of Appearance by David L. Barron on behalf of Todd C. Randolph, filed. (Barron, David) |
| Filing 36 Corrected Judgment from Northern District of Georgia, filed. (mmapps, 4) |
| Filing 35 Corrected Order from Northern District of Georgia, filed. (mmapps, 4) |
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Filing 34
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/8/2020 at 11:00 AM in Courtroom 703 before Magistrate Judge Peter Bray(Signed by Judge David Hittner) Parties notified.(mmapps, 4)
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| Filing 33 Case transferred in from Georgia Northern. Case Number 1:19-cv-05467; certified copy of transfer order, certified docket sheet, and transfer letter received |
| Filing 32 CLERK'S JUDGMENT dismissing this action as to Defendant Anco Insurance Services of Houston, Inc. (jap)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
| Civil Case Terminated. (jap) |
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Filing 31
ORDER: The Court GRANTS IN PART AND DENIES IN PART Defendants USI Insurance Services, LLC and Southwest Insurance Services of Houston, LLC's #16 Motion to Dismiss, or in the Alternative Motion to Transfer. Specifically, the Court GRANTS the Motion to Dismiss as to Plaintiff's claim against Southwest Insurance Company of Houston, LLC; DENIES the Motion to Dismiss with respect to the claim against Defendant USI Insurance Services, LLC; and GRANTS Defendant USI Insurance Services, LLC's #16 Alternative Motion to Transfer. The Court also DENIES Plaintiff's #5 Motion to Expedite to Confirm Jurisdiction and Venue as Proper Under the First filed Rule. Further, the Court DIRECTS the Clerk to TRANSFER this case to the United States District Court for the Southern District of Texas, Houston Division. Signed by Judge Eleanor L. Ross on 4/21/2020. (jap)
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| Filing 30 NOTICE of Appearance by Michael Charles Sullivan on behalf of Anco Insurance Services of Houston, Inc., USI Insurance Services, LLC (Sullivan, Michael) |
| Filing 29 NOTICE Of Filing Declaration of Todd C. Randolph by Todd C. Randolph re #20 Response in Opposition to #16 Motion, #5 MOTION to Expedite to Confirm Jurisdiction and Venue as Proper Under the First Filed Rule and Brief in Support Thereof, #28 Notice of Filing (Attachments: #1 Exhibit A - Declaration of Todd C. Randolph)(Ames, Matthew) Modified on 4/20/2020 to add document link and edit text (jap). |
| Filing 28 NOTICE Of Filing Second Supplemental Declaration re #16 Motion by Anco Insurance Services of Houston, Inc., USI Insurance Services, LLC (Baughan, Nancy) Modified on 4/20/2020 to add document link and edit text (jap). |
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Filing 27
Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (jpa) (ADI)
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Filing 26
General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (jap)
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| Submission of #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or, Alternatively, to Transfer MOTION to Transfer Case, to District Judge Eleanor L. Ross. (jpa) |
| Filing 25 REPLY BRIEF re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or, Alternatively, to Transfer MOTION to Transfer Case filed by Anco Insurance Services of Houston, Inc., USI Insurance Services, LLC. (Attachments: #1 Affidavit Supplemental Declaration of Kevin Scroggins)(Baughan, Nancy) |
| Filing 24 NOTICE by Anco Insurance Services of Houston, Inc., USI Insurance Services, LLC re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or, Alternatively, to Transfer MOTION to Transfer Case of Corrective Filing (Attachments: #1 Exhibit A)(Baughan, Nancy) |
| Refund in the amount of $150.00 has been processed, effective 1/17/2020 in response to Clerks Action on Application for Refund of Fees paid online. (kns) |
| Clerks Approval re #23 Application for Refund of Fees paid online. (mec) |
| Clerks Approval re #22 Application for Refund of Fees paid online. (mec) |
| Filing 23 Application for Refund of Fees paid online through Pay.gov for receipt number BGANDC-9180901. (Ames, Matthew) |
| Filing 22 Application for Refund of Fees paid online through Pay.gov for receipt number AGANDC-9180901. (Ames, Matthew) |
| Submission of #5 MOTION to Expedite to Confirm Jurisdiction and Venue as Proper Under the First Filed Rule and Brief in Support Thereof, to District Judge Eleanor L. Ross. (jpa) |
| Filing 21 REPLY BRIEF re #5 MOTION to Expedite to Confirm Jurisdiction and Venue as Proper Under the First Filed Rule and Brief in Support Thereof filed by Todd C. Randolph. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C")(Ames, Matthew) |
| Filing 20 RESPONSE in Opposition re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or, Alternatively, to Transfer MOTION to Transfer Case filed by Todd C. Randolph. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C")(Gram, Brooke) |
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Filing 19
ORDER CANCELLING the hearing set for 1/15/20 at 10:00 a.m., having determined that the motion can be decided on the briefing of the Parties. Plaintiff still has until 5:00 p.m. on January 13,2020, to file his Reply. Signed by Judge Eleanor L. Ross on 1/9/20. (jpa)
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| Submission of #9 MOTION to Supplement #5 MOTION to Expedite to Confirm Jurisdiction and Venue as Proper Under the First Filed Rule and Brief in Support Thereof , to District Judge Eleanor L. Ross. (jpa) |
| Filing 18 RESPONSE in Opposition re #5 MOTION to Expedite to Confirm Jurisdiction and Venue as Proper Under the First Filed Rule and Brief in Support Thereof filed by Anco Insurance Services of Houston, Inc., USI Insurance Services, LLC. (Baughan, Nancy) |
| Notification of Docket Correction re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or, Alternatively, to Transfer MOTION to Transfer Case. Two part motion docketed as one. Motion to Transfer case added. (jpa) |
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MINUTE ORDER (by docket entry only) GRANTING #6 Application for Admission Pro Hac Vice of Adam Israel; GRANTING #7 Application for Admission Pro Hac Vice of Will Hill Tankersley; and GRANTING #8 Application for Admission Pro Hac Vice by Robert Baxley. Approved by District Judge Eleanor L. Ross on 12/30/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(mlb)
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| Filing 17 Certificate of Interested Persons and Corporate Disclosure Statement by Anco Insurance Services of Houston, Inc., USI Insurance Services, LLC identifying Corporate Parent USI Advantage Corp. for Anco Insurance Services of Houston, Inc., USI Insurance Services, LLC. (Baughan, Nancy) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or, Alternatively, MOTION to Transfer with Brief In Support by Anco Insurance Services of Houston, Inc., USI Insurance Services, LLC. (Attachments: #1 Brief Defendants' Memorandum of Law in Support of Motion to Dismiss or, Alternatively, to Transfer, #2 Affidavit Declaration of Kevin Scroggins)(Baughan, Nancy) . Added MOTION to Transfer Case on 12/30/2019 (jpa). |
| APPROVAL by Clerks Office re: #8 APPLICATION for Admission of Robert Baxley Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9180978). Documents for this entry are not available for viewing outside the courthouse.. Attorney Robert V. Baxley added appearing on behalf of Todd C. Randolph (cdg) |
| APPROVAL by Clerks Office re: #6 APPLICATION for Admission of Adam Israel Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9180821). Documents for this entry are not available for viewing outside the courthouse.. Attorney Adam Kent Israel added appearing on behalf of Todd C. Randolph (cdg) |
| APPROVAL by Clerks Office re: #7 APPLICATION for Admission of Will Hill Tankersley Pro Hac Vice (Application fee $ 150, receipt number CGANDC-9180901). Documents for this entry are not available for viewing outside the courthouse.. Attorney Will Hill Tankersley added appearing on behalf of Todd C. Randolph (cdg) |
| Filing 15 Request for Leave of Absence for the following date(s): January 1, 2020, January 2, 2020, January 3, 2020, January 6, 2020, January 7, 2020, by Nancy H. Baughan. (Baughan, Nancy) |
| Filing 14 NOTICE of Appearance by Nancy H. Baughan on behalf of Anco Insurance Services of Houston, Inc., USI Insurance Services, LLC (Baughan, Nancy) |
| Filing 13 NOTICE of Appearance by Brooke Walker Gram on behalf of Todd C. Randolph (Gram, Brooke) |
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Filing 12
ORDER Setting Hearing on Plaintiff's #5 Expedited Motion to Confirm Jurisdiction and Venue as Proper Under the First-Filed Rule. Motion Hearing set for Wednesday, January 15, 2020, at 10:00 a.m., in ATLA Courtroom 1708. The Court DIRECTS the Parties to file briefs in accordance with the instructions stated herein. Should the Court find, after review of the briefing of the Parties, that said hearing is no longer necessary, the Court will cancel the hearing and notify the parties as soon as is practicable. Signed by Judge Eleanor L. Ross on 12/18/19. (bnp)
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Filing 11
ORDER Setting Hearing on #5 Motion to Expedite to Confirm Jurisdiction and Venue as Proper Under the First Filed Rule for Wednesday, January 15, 2020, at 10:00 a.m., in Courtroom 1708. The Court DIRECTS the Parties to file briefs in accordance with the instructions stated herein. Should the Court find, after review of the briefing of the Parties, that said hearing is no longer necessary, the Court will cancel the hearing and notify the parties as soon as is practicable. Signed by Judge Eleanor L. Ross on 12/18/19. (rlb)
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| Filing 10 NOTICE Of Filing Proofs of Service by Todd C. Randolph (Attachments: #1 Exhibit Composite Exhibit A)(Ames, Matthew) |
| Filing 9 NOTICE of Filing Supplement to the #5 MOTION to Expedite to Confirm Jurisdiction and Venue as Proper Under the First Filed Rule and Brief in Support Thereof by Todd C. Randolph. (Attachments: #1 Exhibit 1 - CNS Report Dated 12-04-2019)(Ames, Matthew) Modified on 4/10/2020 to term as motion and edit docket text (jpa). |
| Filing 8 APPLICATION for Admission of Robert Baxley Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9180978). Documents for this entry are not available for viewing outside the courthouse.by Todd C. Randolph. (Ames, Matthew) |
| Filing 7 APPLICATION for Admission of Will Hill Tankersley Pro Hac Vice (Application fee $ 150, receipt number CGANDC-9180901). Documents for this entry are not available for viewing outside the courthouse.by Todd C. Randolph. (Ames, Matthew) |
| Filing 6 APPLICATION for Admission of Adam Israel Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9180821). Documents for this entry are not available for viewing outside the courthouse. with Brief In Support by Todd C. Randolph. (Ames, Matthew) |
| Filing 5 MOTION to Expedite to Confirm Jurisdiction and Venue as Proper Under the First Filed Rule and Brief in Support Thereof with Brief In Support by Todd C. Randolph. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Ames, Matthew) |
| Filing 4 First AMENDED COMPLAINT against Anco Insurance Services of Houston, Inc., USI Insurance Services, LLC filed by Todd C. Randolph. (Attachments: #1 Exhibit A - Employment Agreement)(Dixon, Tashwanda) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Filing 3 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) |
| Clerk's Certificate of Mailing to Adam Kent Isreal as to Todd C. Randolph regarding #3 Order. (mlb) |
| Filing 2 Electronic Summons Issued as to USI Insurance Services, LLC and Anco Insurance Services of Houston, Inc. (Attachments: #1 Summons ANCO Insurance Services of Houston, Inc.)(ah) |
| Filing 1 COMPLAINT filed by Todd C. Randolph (Filing fee $400, receipt number AGANDC-9145864). (Attachments: #1 Exhibit A to Complaint, #2 Civil Cover Sheet)(ah) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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