Carlson et al v. Feldman et al
| Jeff Carlson and Daniel Calderon |
| individual Stewart Feldman, The Feldman Law Firm LLP, Capstone Associated Services, Ltd., Capstone Associated Services (Wyoming), Limited Partnership, Capstone Insurance Management, Ltd., Hutchison, Incorporated, Farm & Ranch Holdings, LLC, Farm & Ranch Casualty Corp. and Stewart Feldman |
| 4:2023cv02363 |
| June 27, 2023 |
| US District Court for the Southern District of Texas |
| Charles Eskridge |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 51 AO 435 TRANSCRIPT REQUEST by Brent C. Perry for Transcript of Pretrial Scheduling Conf., 9/27/23, before Judge Eskridge. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Veritext Legal Solutions, filed. (Perry, Brent) Electronically forwarded to Veritext. Estimated date of completion 10/20/2023. Modified on 10/13/2023 (RebeccaBecknal, 4). |
| Filing 50 Notice of Filing of Official Transcript as to #49 Transcript. Party notified, filed. (DarleneHansen, 4) |
| Filing 49 TRANSCRIPT re: motion hearing held on 9/27/23 before Judge Charles Eskridge. Court Reporter/Transcriber Veritext. Ordering Party Rudy E Verner Release of Transcript Restriction set for 1/8/2024., filed. (VeritextLegalSolutions, ) |
| Filing 47 AO 435 TRANSCRIPT REQUEST by Rudy E. Verner for Transcript of Pretrial Scheduling Conference, 9/27/2023, Hon. Charles Eskridge. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Veritext Legal Solutions, filed. (Verner, Rudy) Electronically Forwarded to Veritext Legal Solutions on 10/02/2023. Estimated Date of Completion: 10/09/2023. Modified on 10/2/2023 (BenjaminRomero, 4). |
Filing 48
MINUTE ENTRY ORDER: Minute entry for INITIAL CONFERENCE before Judge Charles Eskridge on September 27, 2023. All parties present and represented by counsel. The Court addressed the scheduling and docket control order and the joint discovery and case management plan. Dkts 14 & 39. The Court addressed the pending motion to remand. Dkt 18. The motion to remand was GRANTED for reasons stated on the record. In particular, it was determined that the interests of the parties alleged as subject to the issue of fraudulent joinder are not perfectly aligned, and thus joinder was permissible. This action is REMANDED to the 129th District Court of Harris County, Texas. The various competing motions to compel arbitration and/or stay proceedings were left unaddressed. See Dkts 22, 26 & 29, and related filings. Case terminated on 09/27/2023.(Signed by Judge Charles Eskridge) Parties notified.(JennelleGonzalez, 4)
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| Filing 46 Corrected JOINT DISCOVERY/CASE MANAGEMENT PLAN by Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated, filed.(Verner, Rudy) |
| Filing 45 RESPONSE in Opposition to #29 Cross MOTION to Compel Arbitration, filed by Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated. (Verner, Rudy) |
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Filing 44
ORDER granting #42 Motion for Extension of Time; Motion-related deadline set re: #42 Unopposed MOTION for Extension of Time To Respond in Opposition to the Feldman and Capstone Parties' Cross-Motion to Compel Arbitration Before Justice Murry Cohen and to Stay Proceedings (Doc. 29)..(Signed by Judge Charles Eskridge) Parties notified.(JennelleGonzalez, 4)
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| Filing 43 REPLY to #26 Response, In Support of Cross-Motion to Stay Arbitration, filed by Daniel Calderon, Jeff Carlson. (Meade, Andrew) |
| Filing 42 Unopposed MOTION for Extension of Time To Respond in Opposition to the Feldman and Capstone Parties' Cross-Motion to Compel Arbitration Before Justice Murry Cohen and to Stay Proceedings (Doc. 29) by Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated, filed. Motion Docket Date 10/10/2023. (Fischer, Andrew) |
| Filing 41 RESPONSE to #32 Objections Plaintiff's Objections to Hutchison's Reply in Support of Motion to Compel and Alternative Motion for Leave to File Surreply, filed by Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated. (Verner, Rudy) |
| Filing 40 Opposed RESPONSE to #26 Response, Hutchison Defendants' Response in Opposition to Plaintiffs' Cross-Motion to Stay Arbitration [Doc. 26], filed by Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated. (Verner, Rudy) |
| Filing 39 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated, filed. (Attachments: #1 Affidavit Attachment A - Declaration of Shover Blake Hutchison)(Verner, Rudy) |
| Filing 38 REPLY in Support of #22 Opposed MOTION to Compel Arbitration and Stay Proceedings, filed by Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated. (Verner, Rudy) |
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Filing 37
ORDER granting #35 Motion for Extension of Time; Motion-related deadline set re: #35 Unopposed MOTION for Extension of Time Reply to Feldman-Capstone's Opposition (Doc. 28) to Hutchison's Motion to Compel Arbitration (Doc. 22). The deadline to reply is extended to 09/15/2023.(Signed by Judge Charles Eskridge) Parties notified.(JennelleGonzalez, 4)
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| Filing 35 Unopposed MOTION for Extension of Time Reply to Feldman-Capstone's Opposition (Doc. 28) to Hutchison's Motion to Compel Arbitration (Doc. 22) by Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated, filed. Motion Docket Date 9/29/2023. (Verner, Rudy) Modified on 9/8/2023 (JennelleGonzalez, 4). |
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Filing 36
ORDER granting #25 Motion for Extension of Time; Motion-related deadline set re: #25 Unopposed MOTION for Extension of Time Response to Motion to Compel Arbitration by Capstone Associated Services. It is therefore ordered that the Feldman and Capstone Defendants must file their response on or before 8/29/2023.(Signed by Judge Charles Eskridge) Parties notified.(JennelleGonzalez, 4) Modified on 9/8/2023 (JennelleGonzalez, 4).
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| Filing 34 CERTIFICATE OF INTERESTED PARTIES by Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated, filed.(Fischer, Andrew) |
| Filing 33 NOTICE of Appearance by ANDREW C. FISCHER on behalf of Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated, filed. (Fischer, Andrew) |
| Filing 32 OBJECTIONS to #31 Reply in Support of Motion, , filed by Daniel Calderon, Jeff Carlson. (Attachments: #1 Proposed Order)(Meade, Andrew) |
| Filing 31 REPLY in Support of #22 Opposed MOTION to Compel Arbitration and Stay Proceedings, filed by Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Verner, Rudy) |
| Filing 30 REPLY in Support of #18 Opposed MOTION to Remand, filed by Daniel Calderon, Jeff Carlson. (Attachments: #1 Proposed Order)(Meade, Andrew) |
| Filing 29 Cross MOTION to Compel Arbitration by Capstone Associated Services (Wyoming), Limited Partnership, Capstone Associated Services, Ltd., Capstone Insurance Management, Ltd., Stewart Feldman, The Feldman Law Firm LLP, filed. Motion Docket Date 9/19/2023. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8)(Perry, Brent) |
| Filing 28 First RESPONSE to #22 Opposed MOTION to Compel Arbitration and Stay Proceedings filed by Stewart Feldman. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit)(Perry, Brent) |
| Filing 27 RESPONSE in Opposition to #18 Opposed MOTION to Remand, #23 Unopposed MOTION for Extension of Time For Hutchison to Respond to Plaintiff's Motion to Remand, filed by Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated. (Attachments: #1 Exhibit Declaration of Shover Blake Hutchison with exhibits, #2 Exhibit Declaration of Rudy E. Verner with)(Verner, Rudy) |
| Filing 26 RESPONSE to #22 Opposed MOTION to Compel Arbitration and Stay Proceedings , filed by Daniel Calderon, Jeff Carlson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Proposed Order)(Meade, Andrew) |
| Filing 25 Unopposed MOTION for Extension of Time Response to Motion to Compel Arbitration by Capstone Associated Services (Wyoming), Limited Partnership, Capstone Associated Services, Ltd., Capstone Insurance Management, Ltd., filed. Motion Docket Date 9/13/2023. (Attachments: #1 Proposed Order)(Perry, Brent) |
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Filing 24
ORDER granting #23 Motion for Extension of Time; Motion-related deadline set re: #23 Unopposed MOTION for Extension of Time For Hutchison to Respond to Plaintiff's Motion to Remand. Defendants shall have until, and including, 08/31/2023 in which to answer or otherwise respond.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 23 Unopposed MOTION for Extension of Time For Hutchison to Respond to Plaintiff's Motion to Remand by Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated, filed. Motion Docket Date 8/30/2023. (Attachments: #1 Proposed Order Granting Hutchison's Unopposed Motion for Extension of Time to Respond to Plaintiffs' Motion to Remand)(Verner, Rudy) |
| Filing 22 Opposed MOTION to Compel Arbitration and Stay Proceedings by Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated, filed. Motion Docket Date 8/24/2023. (Attachments: #1 Exhibit Exhibit A - Declaration of Rudy E. Verner, #2 Proposed Order Granting Hutchisoon's Motion to Compel Arbitration and Stay Proceedings)(Verner, Rudy) |
| Filing 21 CERTIFICATE OF INTERESTED PARTIES by Daniel Calderon, Jeff Carlson, filed.(Haren, Samuel) |
| Filing 20 CERTIFICATE OF INTERESTED PARTIES by Capstone Associated Services (Wyoming), Limited Partnership, Capstone Associated Services, Ltd., Capstone Insurance Management, Ltd., Stewart Feldman, The Feldman Law Firm LLP, filed.(Perry, Brent) |
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Filing 19
ORDER granting #17 Motion for Extension of Time; Motion-related deadline set re: #17 Second MOTION for Extension of Time To Answer Plaintiffs' Original Petition and Application for TRO, and Answer to Cross-Claims of Feldman-Capstone Parties. Answer due by 08/09/2023.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 18 Opposed MOTION to Remand by Daniel Calderon, Jeff Carlson, filed. Motion Docket Date 8/17/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Meade, Andrew) |
| Filing 17 Second MOTION for Extension of Time To Answer Plaintiffs' Original Petition and Application for TRO, and Answer to Cross-Claims of Feldman-Capstone Parties by Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated, filed. Motion Docket Date 8/16/2023. (Attachments: #1 Proposed Order Granting Hutchison's Second Unopposed Motion for Extension of Time to Answer)(Verner, Rudy) |
| Filing 16 CERTIFICATE OF SERVICE of #12 Order in Removed Case - FORM by Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated, filed. (Attachments: #1 Exhibit Order for Pretrial Conference and Deadlines, #2 Exhibit Court Procedures with attachments and Forms 1-17)(Verner, Rudy) |
| Filing 15 STATEMENT of Information in a Removed Action re: #12 Order in Removed Case - FORM by Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated, filed.(Verner, Rudy) |
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Filing 14
SCHEDULING and DOCKET CONTROL ORDER. Amended Pleadings due by 11/28/2023. Joinder of Parties due by 10/27/2023. Plaintiff Expert Report due by 05/29/2024. Deft Expert Report due by 06/28/2024. Discovery due by 08/13/2024. Mediation due by 10/29/2024. Dispositive Motion Filing due by 09/12/2024. Non-Dispositive Motion Filing due by 09/12/2024. Joint Pretrial Order due by 12/03/2024. Docket Call set for 01/21/2025 at 1:30 PM before Judge Charles Eskridge. (Signed by Judge Charles Eskridge) Parties notified. (jennellegonzalez) Modified on 7/17/2023 (AmyCooper, 4). (Entered: 07/17/2023)
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Filing 13
ORDER granting #6 Motion for Extension of Time; Motion-related deadline set re: #6 Unopposed MOTION for Extension of Time To Answer Plaintiffs' Original Petition and Application for TRO, and Answer to Cross-Claims of Feldman-Capstone Parties. Defendants shall have 21 days, up to and including July 26, 2023, in which to answer or otherwise respond.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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Filing 12
Order in Removed Case. Statement due within ten days.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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Filing 11
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/27/2023 at 10:30 AM in Courtroom 9F before Judge Charles Eskridge(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 10 NOTICE of Appearance by Robert Burford and Brent Perry on behalf of Capstone Associated Services (Wyoming), Limited Partnership, Capstone Associated Services, Ltd., Capstone Insurance Management, Ltd., Stewart Feldman, The Feldman Law Firm LLP, filed. (Perry, Brent) |
| Filing 9 NOTICE of Appearance by Andrew K. Meade and Samuel B. Haren on behalf of Daniel Calderon, Jeff Carlson, filed. (Meade, Andrew) |
| Filing 8 NOTICE of Designation of Attorney-in-Charge re: #7 Notice (Other), #5 Notice of Appearance by Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated, filed. (Verner, Rudy) |
| Filing 7 NOTICE of Withdrawal of Counsel by Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated, filed. (Eggleston, William) |
| Filing 6 Unopposed MOTION for Extension of Time To Answer Plaintiffs' Original Petition and Application for TRO, and Answer to Cross-Claims of Feldman-Capstone Parties by Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated, filed. Motion Docket Date 7/26/2023. (Attachments: #1 Proposed Order Granting Hutchison's Unopposed Motion for Extension of Time to Answer)(Berg, Sally) |
| Filing 5 NOTICE of Appearance by Rudy E. Verner on behalf of Farm & Ranch Casualty Corp., Farm & Ranch Holdings, LLC, Hutchison, Incorporated, filed. (Berg, Sally) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Farm & Ranch Holdings, LLC, filed.(Eggleston, William) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Farm & Ranch Casualty Corp., filed.(Eggleston, William) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Hutchison, Incorporated identifying Farm & Ranch Holdings, LLC as Corporate Parent, filed.(Eggleston, William) |
| Filing 1 NOTICE OF REMOVAL from Harris County District, case number 2023-36474 (Filing fee $ 402 receipt number ATXSDC-30127406) filed by Farm & Ranch Holdings, LLC, Hutchison, Incorporated, Farm & Ranch Casualty Corp.. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet Pg. 2, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I)(Eggleston, William) |
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