Metro Hospitality Partners, LTD. v. GuideOne National Insurance Company et al
| Metro Hospitality Partners, LTD. |
| GuideOne National Insurance Company, Certain Underwriters At Lloyd's, London, Charles Taylor Adjusting, Melanie Yvonne Labrie, Robert T. Johnson and Catalytic Risk Managers |
| 4:2022cv01796 |
| June 2, 2022 |
| U.S. District Court for the Southern District of Texas |
| Christina A Bryan |
| Charles Eskridge |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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| Case terminated on 09/21/2022. Case remanded to the 234th Judicial District Court of Harris County, Texas. Parties notified.(jengonzalez, 4) |
Filing 32
ORDER re: The motion by Plaintiff Metro Hospitality Partners Ltd for attorney fees is DENIED. Dkt 28. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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Filing 31
ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: The Memorandum and Recommendation of the Magistrate Judge is ADOPTED as the Memorandum and Order of this Court. Dkt 27. The motion by Plaintiff Metro Hospitality Partners Ltd to remand is GRANTED. Dkt 12. The motion by Plaintiff Metro Hospitality Partners Ltd to dismiss the counterclaim of Defendants GuideOne National Insurance Company and Certain Underwriters at Lloyd's London is DENIED WITHOUT PREJUDICE. Dkt 18. The motion by Defendants GuideOne National Insurance Company, et al, to preclude attorney fees is DENIED WITHOUT PREJUDICE. Dkt 22. This action is REMANDED to the 234th District Court of Harris County, Texas. The Clerk shall provide a copy of this Order to the District Clerk for Harris County, Texas.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 30 REPLY to #29 Response in Opposition to Motion,, #28 Opposed MOTION for Attorney Fees , filed by Metro Hospitality Partners, LTD.. (Chapa, Jesus) |
| Filing 29 RESPONSE in Opposition to #28 Opposed MOTION for Attorney Fees, filed by Certain Underwriters at Lloyds, London Subscribing to Policy No. LWH002855, Syndicate BRT 2988: Lloyds of London Syndicate 2988, Certain Underwriters at Lloyds, London Subscribing to Policy No. LWH002855, Syndicate No. 1861, Certain Underwriters at Lloyds, London Subscribing to Policy No. LWH002855, Syndicate No. 2987: Lloyds of London Syndicate 2987, Charles Taylor Adjusting, GuideOne National Insurance Company, Robert T. Johnson, Melanie Yvonne Labrie. (Attachments: #1 Exhibit A)(Bruning, Lindsey) |
| Filing 28 Opposed MOTION for Attorney Fees by Metro Hospitality Partners, LTD., filed. Motion Docket Date 9/2/2022. (Attachments: #1 Exhibit Commercial Policy, #2 Exhibit Opposing Counsel Email, #3 Exhibit Timesheet, #4 Exhibit Declaration of Jesus Chapa)(Chapa, Jesus) |
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Filing 27
MEMORANDUM AND RECOMMENDATIONS re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Subject Matter Jurisdiction, #22 Opposed MOTION for Attorney Fees, and #12 Opposed MOTION to Remand. The Court therefore Recommends that Plaintiff's Motion to Remand be GRANTED, and Plaintiff's Motion to Dismiss and Defendants' Motion to Preclude Attorneys Fees be DENIED without prejudice. The Court further RECOMMENDS that the District Court issue an Order remanding this case to 234th Judicial District of Harris County, Texas. Objections to M&R due by 8/23/2022 (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4)
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Filing 26
ORDER Granting #25 Unopposed MOTION to Stay Proceedings Pending Motion To Remand. Deadline and Initial conference terminated.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4)
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| Filing 25 Unopposed MOTION to Stay Proceedings Pending Motion To Remand by Catalytic Risk Managers, Certain Underwriters At Lloyd's, London, Charles Taylor Adjusting, GuideOne National Insurance Company, Robert T. Johnson, Melanie Yvonne Labrie, filed. Motion Docket Date 8/29/2022. (Bruning, Lindsey) |
| Filing 24 REPLY to #23 Response to Motion, to Plaintiff's Motion to Remand, filed by Metro Hospitality Partners, LTD.. (Chapa, Jesus) |
| Filing 23 RESPONSE to #12 Opposed MOTION to Remand filed by Catalytic Risk Managers, Certain Underwriters At Lloyd's, London, Charles Taylor Adjusting, GuideOne National Insurance Company, Robert T. Johnson, Melanie Yvonne Labrie. (Bruning, Lindsey) |
| Filing 22 Opposed MOTION for Attorney Fees by Catalytic Risk Managers, Certain Underwriters At Lloyd's, London, Charles Taylor Adjusting, GuideOne National Insurance Company, Robert T. Johnson, Melanie Yvonne Labrie, filed. Motion Docket Date 8/17/2022. (Attachments: #1 Proposed Order)(Bruning, Lindsey) |
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Filing 21
ORDER granting Unopposed MOTION for Brief Continuance to Respond to Motion to Remand. It is therefore ORDERED that Defendant's file their response to Plaintiff's Motion to Remand by July 29,2022. (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4)
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| Filing 20 Unopposed MOTION for Continuance of Brief Continuance to Respond to Motion to Remand by Catalytic Risk Managers, Certain Underwriters At Lloyd's, London, Charles Taylor Adjusting, GuideOne National Insurance Company, Robert T. Johnson, Melanie Yvonne Labrie, filed. Motion Docket Date 8/11/2022. (Attachments: #1 Proposed Order)(Bruning, Lindsey) |
| Filing 19 REPLY to #8 Response, to Insurers' Counterclaims, filed by Metro Hospitality Partners, LTD.. (Chapa, Jesus) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Subject Matter Jurisdiction ( Motion Docket Date 8/8/2022.) by Metro Hospitality Partners, LTD., filed. (Chapa, Jesus) |
| Filing 17 NOTICE Of Non-Consent to the Clerk Of Court by Catalytic Risk Managers, Certain Underwriters At Lloyd's, London, Charles Taylor Adjusting, GuideOne National Insurance Company, Robert T. Johnson, Melanie Yvonne Labrie, filed. (Bruning, Lindsey) |
| Filing 16 Amended CERTIFICATE OF INTERESTED PARTIES by Catalytic Risk Managers, Certain Underwriters At Lloyd's, London, Charles Taylor Adjusting, GuideOne National Insurance Company, Robert T. Johnson, Melanie Yvonne Labrie, filed.(Bruning, Lindsey) |
| Filing 15 CERTIFICATE OF INTERESTED PARTIES by Metro Hospitality Partners, LTD., filed.(Chapa, Jesus) |
| Filing 14 Certificate of Service in a Removed Action by Catalytic Risk Managers, Certain Underwriters At Lloyd's, London, Charles Taylor Adjusting, GuideOne National Insurance Company, Robert T. Johnson, Melanie Yvonne Labrie, filed.(Bruning, Lindsey) |
| Filing 13 STATEMENT of Information in a Removed Action by Catalytic Risk Managers, Certain Underwriters At Lloyd's, London, Charles Taylor Adjusting, GuideOne National Insurance Company, Robert T. Johnson, Melanie Yvonne Labrie, filed.(Bruning, Lindsey) |
| Filing 12 Opposed MOTION to Remand by Metro Hospitality Partners, LTD., filed. Motion Docket Date 7/22/2022. (Attachments: #1 Exhibit A, #2 Proposed Order)(Chapa, Jesus) |
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Filing 11
AMENDED SCHEDULING and DOCKET CONTROL ORDER. Amended Pleadings due by 10/14/2022. Joinder of Parties due by 9/14/2022. Pltf Expert Report due by 4/12/2023. Deft Expert Report by 5/12/2023. Discovery due by 6/27/2023. Mediation due by 9/12/2023. Dispositive Motion Filing due by 7/27/2023. Non-Dispositive Motion Filing due by 7/27/2023. Joint Pretrial Order due by 10/12/2023. Docket Call set for 11/21/2023 at 01:30 PM in Courtroom 8B before Judge Charles Eskridge(Signed by Judge Charles Eskridge) Parties notified.(MelissaMorgan, 4)
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| Filing 10 NOTICE of Resetting. Parties notified. Initial Conference reset for 8/15/2022 at 10:30 AM in Courtroom 701 before Magistrate Judge Christina A Bryan, filed. (MelissaMorgan, 4) |
| Filing 9 NOTICE of Resetting. Parties notified. Initial Conference reset for 7/13/2022 at 11:00 AM in Courtroom 701 before Magistrate Judge Christina A Bryan, filed. (MelissaMorgan, 4) |
| Filing 8 RESPONSE Defendants' Original Answer and Affirmative Defenses To Plaintiff's Petition For Declaratory Judgment and Original Petition and Counterclaim, filed by Certain Underwriters At Lloyd's, London, GuideOne National Insurance Company. (Bruning, Lindsey) |
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Filing 7
ORDER REFERRING CASE to Magistrate Judge Christina A Bryan(Signed by Judge Charles Eskridge) Parties notified.(MelissaMorgan, 4)
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Filing 6
SCHEDULING and DOCKET CONTROL ORDER. Amended Pleadings due by 09/07/2022. Joinder of Parties due by 08/05/2022. Plaintiff Expert Report due by 03/07/2023. Deft Expert Report due by 04/06/2023. Discovery due by 05/23/2023. Mediation due by 08/08/2023. Dispositive Motion Filing due by 06/22/2023. Non-Dispositive Motion Filing due by 06/22/2023. Joint Pretrial Order due by 09/07/2023. Docket Call set for 10/17/2023 at 1:30 PM before Judge Charles Eskridge. (Signed by Judge Charles Eskridge) Parties notified. (MelissaMorgan) (Entered: 06/27/2022)
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Filing 5
Order in Removed Case. Statement due within ten days.(Signed by Judge Charles Eskridge) Parties notified.(MelissaMorgan, 4)
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Filing 4
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/6/2022 at 10:00 AM in Courtroom 701 before Magistrate Judge Christina A Bryan(Signed by Judge Charles Eskridge) Parties notified.(MelissaMorgan, 4)
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| Filing 3 NOTICE Amended Notice of Removal by Certain Underwriters At Lloyd's, London, GuideOne National Insurance Company, filed. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Bruning, Lindsey) |
| Filing 2 CERTIFICATE OF INTERESTED PARTIES by Certain Underwriters At Lloyd's, London, GuideOne National Insurance Company, filed.(Bruning, Lindsey) |
| Filing 1 NOTICE OF REMOVAL from 234th Judicial District Court, case number 2022-29882 (Filing fee $ 402 receipt number ATXSDC-28262429) filed by Certain Underwriters At Lloyd's, London, GuideOne National Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit EX A, #3 Exhibit EX B, #4 Exhibit EX C, #5 Exhibit EX D)(Bruning, Lindsey) |
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