Calvillo v. State Farm Lloyds
| GRACIELA CALVILLO and MARIO ALBERTO CALVILLO |
| STATE FARM LLOYDS |
| 5:2019cv00088 |
| June 21, 2019 |
| US District Court for the Southern District of Texas |
| John A Kazen |
| Marina Garcia Marmolejo |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Defendant |
Docket Report
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Filing 7
ORDER. The parties' Agreed Motion to Abate Pending the Outcome of Appraisal #4 is GRANTED. The Court ORDERS that this suit be ABATED until the completion of the appraisal process, provided that the abatement shall not continue beyond 120 days from the date of this order. If the appraisal process has not been completed by December 1, 2019, the parties may move the Court to extend the abatement upon a showing that the parties have exercised due diligence to complete the appraisal process. In any case, the parties are further ORDERED to jointly notify the Court within three days of the appraisal process's completion. The Court SETS a status conference on 10/31/2019, at 9:00 a.m. to discuss the status of the appraisal proceeding. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5)
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Filing 6
ORDER re: Defendant State Farm Lloyds' Verified Plea in Abatement #3 . Plaintiffs are ORDERED to deliver an amended notice letter to Defendant no later than 8/20/2019. Defendant shall file a supplement to its Plea in Abatement #3 , no later than 8/27/2019, in which Defendant shall inform the Court if Plaintiffs' amended notice letter resolves the Plea in Abatement or shall argue the reasons why Plaintiffs' amended notice is deficient. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5)
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| ***Set/Reset Hearings: Telephonic Status Conference set for 10/31/2019 at 09:00 AM before Magistrate Judge John A. Kazen to discuss the status of the appraisal proceeding. (JessicaGRodriguez, 5) |
| Minute Entry for proceedings held before Magistrate Judge John A. Kazen. MOTION HEARING held on 7/30/2019 on Defendant State Farm Lloyds' Verified Plea in Abatement (Dkt. No. 3) and the parties' Agreed Motion to Abate Pending the Outcome of Appraisal (Dkt. No. 4). In response to the Court's inquiry, Defendant stated that the agreed abatement pending completion of appraisal (Dkt. No. 4) did not resolve the plea in abatement based on inadequate presuit notice (Dkt. No. 3). Defendant argued the alleged inadequacy of Plaintiffs' 542A notice. Plaintiffs responded that the notice letter was adequate but agreed to send an amended notice letter addressing the alleged inadequacies. The Court set deadlines for Plaintiffs to send the amended notice letter and for Defendant to file a supplemental Plea in Abatement addressing the sufficiency of the amended notice letter. The Court indicated it would likely grant the agreed motion to abate pending completion of the appraisal process. (Dkt. No. 4). The parties estimated the appraisal process would most likely last between 90 and 180 days. The Court reminded the parties about their right to consent to a magistrate judge. The Court will set a status conference and admonished the parties to confer with the appraisers beforehand to ensure a substantive update is provided to the Court. Written orders will follow. Appearances: Eddie R. Lane III f/PLAINTIFFS. Sofia A. Ramon f/DEFENDANTS. (Time in court: 10:04 - 10:38 a.m.) (ERO: Martha Perez), filed. (JessicaGRodriguez, 5) |
| Filing 5 NOTICE of Setting re: #4 Agreed MOTION to Abate Pending Outcome of Appraisal; and, #3 Defendant's Verified Plea in Abatement. Parties notified. Motion Hearing set for 7/30/2019 at 10:00 AM by telephone before Magistrate Judge John A. Kazen, filed. (JessicaGRodriguez, 5) |
| Filing 4 Agreed MOTION to Abate Motions referred to John A Kazen. by State Farm Lloyds, filed. Motion Docket Date 8/13/2019. (Attachments: #1 Exhibit, #2 Proposed Order)(Bosky, Stephen) |
| Filing 3 NOTICE Verified Plea in Abatement by State Farm Lloyds, filed. (Attachments: #1 Proposed Order)(Bosky, Stephen) |
| Filing 2 Other EXHIBITS re: #1 Notice of Removal, by STATE FARM LLOYDS, filed.(Cantu, Elizabeth) |
| Filing 1 NOTICE OF REMOVAL from 111th District Court, case number 2019CVH000869D2 (Filing fee $ 400 receipt number 0541-22655031) filed by STATE FARM LLOYDS. (Attachments: #1 Exhibit 1 - Index of Matters filed, #2 Exhibit 1-A to 1-E)(Cantu, Elizabeth) |
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