Elliott v. At-Bay Insurance Service et al
| Tim Elliott |
| At-Bay Insurance Service, LLC |
| 4:2025cv01567 |
| April 4, 2025 |
| U.S. District Court for the Southern District of Texas |
| Kenneth M Hoyt |
| Civil Rights: Jobs |
| 38 U.S.C. ยง 2021 Right to re-employment of inducted persons |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 30, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 ANSWER to Complaint with Jury Demand by At-Bay Insurance Service, LLC, filed. (Bangash, Emaan) |
Filing 14
MEMORANDUM AND ORDER granting in part and denying in part #8 First MOTION to Dismiss #7 Amended Complaint/Counterclaim/Crossclaim etc. First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. As to the employer, At Bay, the motion to dismiss is DENIED. Nicole Post, Kristie Felton and Scott Gold terminated. (Signed by Judge Kenneth M Hoyt) Parties notified. (jm4)
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| Filing 13 REPLY in Support of #8 First MOTION to Dismiss #7 Amended Complaint/Counterclaim/Crossclaim etc. First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by At-Bay Insurance Service, LLC, Kristie Felton, Scott Gold, Nicole Post. (Chadwick, Robert) |
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Filing 12
ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on June 10, 2025 at 8:30 a.m. Appearances: Waived. Telephonic appearances are waived, unless otherwise notified by the Court. Pltf Expert Witness List due by 9/1/2025. Pltf Expert Report due by 9/1/2025. Deft Expert Witness List due by 10/1/2025. Deft Expert Report due by 10/1/2025. Discovery due by 11/30/2025. Dispositive Motion Filing due by 12/31/2025. Docket Call set for 3/2/2026 at 11:30 AM in Courtroom 11A before Judge Kenneth M Hoyt. Discovery may be extended by agreement of the parties without Court intervention. The dispositive motion deadline and docket call dates, however, may not be extended without leave of Court. Attorney's fee applications are handled on the papers of the parties after notice. Expedited responses are required on all pretrial motions save dispositive motions. ETT: TBD. Jury trial. (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4)
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| Filing 11 RESPONSE in Opposition to #8 First MOTION to Dismiss #7 Amended Complaint/Counterclaim/Crossclaim etc. First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Tim Elliott. (Attachments: #1 Proposed Order Proposed Order Denying Defendant's MTD) (McKnight, Colleen) |
| Filing 10 Agreed JOINT DISCOVERY/CASE MANAGEMENT PLAN by At-Bay Insurance Service, LLC, At-Bay, Inc., Kristie Felton, Scott Gold, Nicole Post, filed. (Chadwick, Robert) |
| Filing 9 NOTICE Disclosure of Interested Parties by Tim Elliott, filed. (McKnight, Colleen) |
| Filing 8 First MOTION to Dismiss #7 Amended Complaint/Counterclaim/Crossclaim etc. ( Motion Docket Date 6/4/2025.), First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by At-Bay Insurance Service, LLC, Kristie Felton, Scott Gold, Nicole Post, filed. (Chadwick, Robert) |
| Filing 7 First AMENDED COMPLAINT with Jury Demand against All Defendants filed by Tim Elliott. (McKnight, Colleen) |
| Filing 6 CERTIFICATE OF INTERESTED PARTIES by At-Bay Insurance Service, Kristie Felton, Scott Gold, Nicole Post, filed. (Chadwick, Robert) |
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Filing 5
ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 6/10/2025 at 08:30 AM beore Judge Kenneth M Hoyt. (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4)
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| Filing 4 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (hlc4) |
| Referral Judge Selected: Magistrate Judge Peter Bray randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (hlc4) |
| Filing 3 PROPOSED ORDER re: #2 MOTION to Dismiss Plaintiff's Original Petition and Supporting Brief, filed. (Chadwick, Robert) |
| Filing 2 MOTION to Dismiss Plaintiff's Original Petition and Supporting Brief by At-Bay Insurance Service, Kristie Felton, Scott Gold, Nicole Post, filed. Motion Docket Date 4/25/2025. (Chadwick, Robert) |
| Filing 1 NOTICE OF REMOVAL from 269th J.D. Harris County District Court, case number 202512841 (Filing fee $ 405 receipt number ATXSDC-33195689) filed by Kristie Felton, Scott Gold, At-Bay Insurance Service, Nicole Post. (Attachments: #1 Exhibit Index of Matters Being Filed, #2 Exhibit Case History, #3 Exhibit Pltf Notice of Process, #4 Exhibit Pltf Petition and Exhibits, #5 Exhibit State Cover Sheet, #6 Exhibit Counsel of Record) (Chadwick, Robert) |
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| Plaintiff: Tim Elliott | |
| Represented By: | Colleen McKnight |
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| Defendant: At-Bay Insurance Service, LLC | |
| Represented By: | Emaan Ali Bangash |
| Represented By: | Robert G Chadwick, Jr |
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