Gutierrez v. Allstate Texas Lloyds et al
Plaintiff: Maria Olivia Gutierrez
Defendant: Allstate Texas Lloyds and Bradley Brison, Sr.
Case Number: 5:2019cv00029
Filed: February 14, 2019
Court: US District Court for the Southern District of Texas
Presiding Judge: John A Kazen
Referring Judge: Diana Saldana
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1446
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 3, 2019 Opinion or Order Filing 12 INITIAL SCHEDULING ORDER. Deadline to file either 1) a joint Advisory informing the Court whether the parties agree to the appraisal process; or 2) a motion to compel the appraisal process due by 5/3/2019. (Signed by Magistrate Judge John A. Kazen) Parties notified. (JessicaGRodriguez, 5)
April 3, 2019 Minute Entry for proceedings held before Magistrate Judge John A. Kazen. INITIAL PRETRIAL & SCHEDULING CONFERENCE held on 4/02/2019. The Court reviewed the purpose of the hearing pursuant to FRCP 16(b) and (c) and discussed the nature of the case with the parties. Taking up pending motions, Plaintiff announced that she does not oppose Defendant Bradley Brison's Motion to Dismiss (Dkt. No. 3). With regards to Defendant Allstate's Motion for Partial Dismissal (Dkt. No. 2), Plaintiff expects to be allowed to file an amended complaint if the Court finds the challenged pleadings to be deficient. The Court inquired as to the status of settlement negotiations, and Plaintiff stated that she sent a pre-suit settlement demand and Defendant served a response, but the parties do not expect to engage in meaningful negotiations until after sufficient discovery has been completed. The Court informed the parties of its availability to conduct settlement conferences and mediation. Plaintiff has invoked the appraisal process under the insurance policy, and Defendant's time to respond has not expired. Plaintiff may file a motion to compel the appraisal if no agreement is reached. The Court will issue an initial scheduling order setting a deadline for the parties to file either: 1) a joint Advisory stating whether they agree to participate in the appraisal process; or 2) a motion to compel the appraisal process. Either filing should address the potential abatement of the lawsuit. The Court will postpone setting other pretrial deadlines pending resolution of the appraisal issue. The Court discussed the parties' right to consent to a trial before a magistrate judge. Agreements to continue any deadlines are not binding on the Court. The Court emphasized the importance of conferring before filing opposed motions, and of providing the Court with prompt notification of settlement. Appearances: David Christoffel f/PLAINTIFF. Nicholas Smith f/DEFENDANT. (Time in court: 4:00 p.m. - 4:52 p.m.) (ERO:Robert Tenorio), filed. (JessicaGRodriguez, 5)
April 2, 2019 Filing 11 Amended JOINT DISCOVERY/CASE MANAGEMENT PLAN by Allstate Texas Lloyds, filed.(Valdez, Robert)
March 21, 2019 Filing 10 Agreed JOINT DISCOVERY/CASE MANAGEMENT PLAN by Allstate Texas Lloyds, filed.(Valdez, Robert)
March 14, 2019 Filing 9 REPLY to Response to #2 MOTION to Dismiss Partial under FRCP 12(b)(6) and 9(b), filed by Allstate Texas Lloyds. (Valdez, Robert)
March 13, 2019 Filing 8 CERTIFICATE OF INTERESTED PARTIES by Allstate Texas Lloyds, filed.(Valdez, Robert)
March 13, 2019 Filing 7 CERTIFICATE OF INTERESTED PARTIES by Maria Olivia Gutierrez, filed.(Christoffel, David)
March 7, 2019 Filing 6 RESPONSE to #2 MOTION to Dismiss Partial under FRCP 12(b)(6) and 9(b) filed by Maria Olivia Gutierrez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proposed Order)(Christoffel, David)
February 26, 2019 Opinion or Order Filing 5 ORDER FOR CONFERENCE AND DISCLOSURE OF INTERESTED PARTIES. Initial Pretrial and Scheduling Conference set for 4/2/2019 at 04:00 PM in Courtroom 2C before Magistrate Judge John A. Kazen. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5)
February 21, 2019 Filing 4 ANSWER to Complaint with Jury Demand by Allstate Texas Lloyds, filed.(Valdez, Robert)
February 21, 2019 Filing 3 MOTION to Dismiss by Bradley Brison, Sr, filed. Motion Docket Date 3/14/2019. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Valdez, Robert)
February 21, 2019 Filing 2 MOTION to Dismiss Partial under FRCP 12(b)(6) and 9(b) by Allstate Texas Lloyds, filed. Motion Docket Date 3/14/2019. (Attachments: #1 Exhibit Exhibit A)(Valdez, Robert)
February 14, 2019 Filing 1 NOTICE OF REMOVAL (Filing fee $ 400 receipt number 0541-21876743) filed by Bradley Brison, Sr, Allstate Texas Lloyds. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H)(Valdez, Robert)

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Plaintiff: Maria Olivia Gutierrez
Represented By: David Andrew Christoffel
Represented By: Andres Alejandro Arguello
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Defendant: Allstate Texas Lloyds
Represented By: Robert Edward Valdez
Represented By: Nicholas David Smith
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Defendant: Bradley Brison, Sr.
Represented By: Robert Edward Valdez
Represented By: Nicholas David Smith
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