United Wisconsin Insurance Company v. Esparza et al
| United Wisconsin Insurance Company |
| Jose Martin Amador Esparza, Angel Jose Tufino Aguirre, DX Xpress, Inc. and Directo Express, Inc. |
| 5:2022cv00095 |
| October 10, 2022 |
| US District Court for the Southern District of Texas |
| Diana Song Quiroga |
| Diana Saldana |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on December 8, 2022. A more recent docket listing may be available from PACER.
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| Filing 15 NOTICE of Appearance by Alina Long on behalf of United Wisconsin Insurance Company, filed. (Long, Alina) |
| Minute Entry for proceedings held before Magistrate Judge Diana Song Quiroga. STATUS CONFERENCE held on 12/8/2022. Plaintiff appeared via Zoom through counsel Alina Long, and Defendant Jose Martin Amador Esparza appeared via Zoom through counsel Francisco Tamez. The other Defendants, DX Express, Inc., and Directo Express, Inc., did not appear. Alina Long is not an attorney of record in the case; Alina Long verbally represents during the conference that she has authority to represent and bind the Plaintiff and will file a Notice of Appearance after the conference. The Court held a status conference. This is a Complaint for Declaratory Judgment about an insurance claim arising out of a tractor trailer collision, with an underlying state court tort lawsuit. Plaintiff will file a Motion for Summary Judgment in the case based upon that the accident occurred in Mexico. There was another Defendant Angel Jose Tufino Aguirre, a Mexican citizen driver, who Plaintiff voluntarily dismissed due to difficulty in serving Defendant Aguirre in Mexico. (Dkt. Nos. 1213.) Defendants DX and Directo appeared in the state lawsuit, appearing through insurance defense counsel, but have not yet appeared in the instant federal action. Defendants DX and Directo were served by Simon Barrera at an office on 8208 Camino Columbia Toll Road N. in Laredo, Texas. The Court discusses whether Plaintiff wants to seek default judgement against Defendants DX and Directo as well as availability for an initial pretrial and scheduling conference. Defendant Esparzas Answer admits that the accident occurred in Mexico. (Dkt. No. 8.) Rather than a standard order for conference under Rule 26 report, the Court after discussion with counsel will order a briefing schedule with deadlines on the filing of dispositive motions such as Motions for Summary Judgment or Default Judgment if default is still sought, and any discovery if needed. The parties should confer on a briefing schedule and deadlines and advise the Court of proposed deadlines via a Joint Report by December 16, 2022. The Court indicates that there is documentary evidence in the case that may require certified translation. Defendant Esparza will reach out to non-coverage counsel for Defendants DX and Directo to inform them about the federal case. The Court sets a December 16, 2022 deadline for initial disclosures and for the parties Joint Report as to the proposed pretrial management schedule and will set a scheduling conference for the second week of January. Appearances:Attorney Alina Long f/PLAINTIFF; Attorney Francisco Tamez f/DEFENDANT Jose Martin Amador Esparza. (11:00 a.m. 11:28 a.m.) (ERO:Emmanuel Garcia), filed.(RachelRein, 5) |
| Filing 14 NOTICE of Status conference Setting. Parties notified. Status Conference set for 12/8/2022 at 11:00 AM in by video before Magistrate Judge Diana Song Quiroga, filed. (RaulGamas, 5) |
Filing 13
ORDER Granting #12 Notice of Dismissal The Clerk of Court is hereby DIRECTED to TERMINATE this case as to Defendant Angel Jose Tufino Aguirre(Signed by Judge Diana Saldana) Parties notified.(RaulGamas, 5)
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| Filing 12 NOTICE of Dismissal as to Angel Jose Tufino Aguirre by United Wisconsin Insurance Company, filed. (Woodall, James) |
| Filing 11 ADVISORY by United Wisconsin Insurance Company, filed.(Woodall, James) |
| Filing 10 ADVISORY by United Wisconsin Insurance Company, filed.(Woodall, James) |
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Filing 9
ORDER In this dispute the Court is aware that service is outstanding for one of the Defendants, Angel Jose Tufino Aguirre, who is a foreign Mexican party. In light of the outstanding service, if the parties agree, the Court will order an Initial Pretrial and Scheduling Conference. Therefore, the Courts ORDERS the parties to confer and to submit a Joint Advisory by November 18, 2022, the same date by which Plaintiff has been previously ordered to advise the Court of its plan to effectuate service. (Signed by Magistrate Judge Diana Song Quiroga) Parties notified.(DavidMorales, 5)
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| Filing 8 ANSWER to #1 Complaint, by Jose Martin Amador Esparza, filed.(Tamez, Juan) |
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Filing 7
ORDER. The Court ORDERS Plaintiff to advise the Court of its plan to effectuate service upon Defendant Aguirre; the deadline for Plaintiff to file its advisory is November 18, 2022. (Signed by Magistrate Judge Diana Song Quiroga) Parties notified.(VeronicaCantu, 5)
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| Filing 6 RETURN of Service of SUMMONS Executed as to Jose Martin Amador Esparza served on 10/22/2022, answer due 11/14/2022, filed.(Woodall, James) |
| Filing 5 RETURN of Service of SUMMONS Executed as to DX Xpress, Inc. served on 10/21/2022, answer due 11/14/2022, filed.(Woodall, James) |
| Filing 4 RETURN of Service of SUMMONS Executed as to Directo Express, Inc. served on 10/21/2022, answer due 11/14/2022, filed.(Woodall, James) |
| Filing 3 Summons Issued as to Angel Jose Tufino Aguirre, DX Xpress, Inc., Directo Express, Inc., Jose Martin Amador Esparza. Issued summons delivered to plaintiff by NEF, filed.(RobertTenorio, 5) |
| Filing 2 Request for Issuance of Summons as to Angel Jose Tufino Aguirre, DX Xpress, Inc., Directo Express, Inc., Jose Martin Amador Esparza, filed. (Attachments: #1 Summons - Directo Express, #2 Summons - DX Xpress Inc, #3 Summons - Jose Martin Amador Espara)(Woodall, James) |
| Filing 1 COMPLAINT against Angel Jose Tufino Aguirre, DX Xpress, Inc., Directo Express, Inc., Jose Martin Amador Esparza (Filing fee $ 402 receipt number ATXSDC-28900979) filed by United Wisconsin Insurance Company. (Attachments: #1 Exhibit 1 - Underlying Lawsuit, #2 Exhibit 2 - Police Report, #3 Exhibit 3 - DX Policy, #4 Exhibit 4 - Directo Express Policy, #5 Civil Cover Sheet)(Woodall, James) |
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