Mattos et al v. National Western Life Insurance Company et al
| Jorge Mattos and Patricia Toja |
| National Western Life Insurance Company and Universal Insurance Broker, Corp. |
| 1:2022cv00934 |
| September 15, 2022 |
| US District Court for the Western District of Texas |
| Lee Yeakel |
| Other Statutes: Arbitration |
| 12 U.S.C. § 635 Breach of Insurance Contract |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 67
ORDER GRANTING #63 Motion to Appear Pro Hac Vice as to Susan Granoff. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Lee Yeakel. (dm)
|
|
Filing 66
ORDER GRANTING #62 Motion to Appear Pro Hac Vice as to Pablo Bared. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Lee Yeakel. (dm)
|
| Filing 63 MOTION to Appear Pro Hac Vice by Susan L Granoff ( Filing fee $ 100 receipt number 469) on behalf of Jorge Mattos, Patricia Toja. (dm) |
| Filing 62 MOTION to Appear Pro Hac Vice by Pablo R. Bared ( Filing fee $ 100 receipt number 469) on behalf of Jorge Mattos, Patricia Toja. (dm) |
|
Filing 59
ORDER GRANTING #55 Motion to Appear Pro Hac Vice as to Walter J. Tache. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Lee Yeakel. (dm)
|
| Filing 58 NOTICE of Filing by National Western Life Insurance Company (Suarez, Vanessa) |
| Filing 57 DEFICIENCY NOTICE: re #56 State Court Records Filed (dm) |
| Filing 56 State Court Records Filed. (Suarez, Vanessa) |
| Filing 55 MOTION to Appear Pro Hac Vice by Vanessa Alejandra Suarez ( Filing fee $ 100 receipt number ATXWDC-16538337) by Walter J. Tache on behalf of National Western Life Insurance Company. (Suarez, Vanessa) Modified on 9/19/2022 (dm). |
| Filing 54 NOTICE of Attorney Appearance by Vanessa Alejandra Suarez on behalf of National Western Life Insurance Company. Attorney Vanessa Alejandra Suarez added to party National Western Life Insurance Company(pty:dft) (Suarez, Vanessa) |
|
Filing 53
ORDER that the removing party, if it has not already done so, shall within ten (10) days from the date of this order supplement the record with state court pleadings. Signed by Judge Lee Yeakel. (jv2)
|
| Filing 52 Pro Hac Vice Letter directed to attorneys Bermudez, Rooney, Jr., Bared, Granoff and Trache. (jv2) (Main Document 52 replaced on 9/16/2022) (jv2). |
| Filing 51 Transfer Letter. (jv2) (Main Document 51 replaced on 9/16/2022) (jv2). |
| Filing 50 Case electronically transferred in from Southern District of Florida; Case Number 1:20-cv-22887. |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Howell (jv2) |
| Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (jv2) |
| DEMAND for Trial by Jury by National Western Life Insurance Company, Patricia Toja, Universal Insurance Broker, Corp. (jv2) |
|
Filing 49
ORDER: Defendants' Motion, #41 , is GRANTED. This case will be TRANSFERRED to the United States District Court for the Western District of Texas. This case shall be CLOSED in this District. Signed by Judge Darrin P. Gayles on 9/14/2022. See attached document for full details. (mab) [Transferred from Florida Southern on 9/15/2022.]
|
| Filing 48 REPLY to Response to Motion re #41 MOTION for Relief Pursuant to 9 USC Sections 4 and 5 or Alternative Motion to Transfer Pursuant to 28 USC Section 1404 filed by National Western Life Insurance Company, Universal Insurance Broker, Corp.. (Attachments: #1 Exhibit Composite Exhibit 1)(Tache, Walter) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 47 TRANSCRIPT of Telephonic Status Conference Hearing held on 09/01/2022 before Judge Darrin P. Gayles, 1-33 pages, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/4/2022. Redacted Transcript Deadline set for 10/14/2022. Release of Transcript Restriction set for 12/12/2022. (pdz) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 46 RESPONSE in Opposition re #41 MOTION for Relief Pursuant to 9 USC Sections 4 and 5 or Alternative Motion to Transfer Pursuant to 28 USC Section 1404 filed by Jorge Mattos, Patricia Toja. Replies due by 9/14/2022. (Attachments: #1 Exhibit)(Bared, Pablo) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 45 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Telephonic Status Conference held on 9/1/2022. Attorney Appearances: Susan L Granoff, Pablo R. Bared, Carlos Soltero, Walter J. Tache, and Angel Ariel Bermudez. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (bhy) [Transferred from Florida Southern on 9/15/2022.] |
|
Filing 44
PAPERLESS ORDER granting #43 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Carlos Soltero is permitted to appear before this Court on behalf of Defendant National Western Life Insurance Company for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Carlos Soltero at carlos@ssmlawyers.com. Signed by Judge Darrin P. Gayles (bhy) [Transferred from Florida Southern on 9/15/2022.]
|
| Filing 43 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Carlos Soltero. Filing Fee $ 200.00 Receipt # AFLSDC-15913229 by National Western Life Insurance Company. Responses due by 9/13/2022 (Attachments: #1 Certification of Carlos Soltero)(Tache, Walter) [Transferred from Florida Southern on 9/15/2022.] |
|
Filing 42
PAPERLESS ORDER. To give the parties time to brief Defendants' #41 Motion, the Zoom hearing set for this Thursday shall now be a Telephonic Status Conference. The parties shall attend the Telephonic Status Conference on September 1, 2022, at 10:00 A.M. using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Telephonic Status Conference begins and wait until your case is called. The Court will schedule a later hearing on the motions if necessary. Signed by Judge Darrin P. Gayles (bhy) [Transferred from Florida Southern on 9/15/2022.]
|
| Filing 41 MOTION for Relief Pursuant to 9 USC Sections 4 and 5 or Alternative Motion to Transfer Pursuant to 28 USC Section 1404 by National Western Life Insurance Company, Universal Insurance Broker, Corp.. (Tache, Walter) [Transferred from Florida Southern on 9/15/2022.] |
|
Filing 40
PAPERLESS ORDER. A Hearing on Plaintiffs' #28 Motion to Lift the Stay and Vacate Order Compelling Arbitration, and to Remand Case to State Court shall take place via Zoom on Thursday, September 1, 2022 at 10:00 A.M. The Zoom dial-in information will be made available on the Court's docket. Signed by Judge Darrin P. Gayles (bhy) [Transferred from Florida Southern on 9/15/2022.]
|
| Filing 39 NOTICE by Jorge Mattos, Patricia Toja re 33 Order on Motion to Vacate, (Attachments: #1 Exhibit CPR Response to Joint Request for Clarification, #2 Exhibit Joint Request to CPR for clarification) (Bared, Pablo) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 38 NOTICE of Compliance With Court's August 6, 2022 Order, as Amended August 24, 2022 and CPR Response by National Western Life Insurance Company, Universal Insurance Broker, Corp. re 33 Order on Motion to Vacate, (Attachments: #1 Exhibit 1, #2 Errata 2) (Tache, Walter) [Transferred from Florida Southern on 9/15/2022.] |
|
Filing 37
PAPERLESS ORDER. By August 26, 2022, the parties shall send a joint request to CPR using the attached language. Signed by Judge Darrin P. Gayles (bhy) [Transferred from Florida Southern on 9/15/2022.]
|
|
Filing 36
PAPERLESS ORDER. On or before August 23, 2022, the parties shall submit to the Court their proposed requests to CPR in Word format. See [ECF Nos. 34-1, 35-1]. The Court will then prepare a final joint version for the parties to send to CPR. Accordingly, Defendants' #34 Motion for Leave to Serve Unilateral Request to CPR is denied. Signed by Judge Darrin P. Gayles (bhy) [Transferred from Florida Southern on 9/15/2022.]
|
| Filing 35 RESPONSE to Motion re #34 MOTION for Leave to Serve Unilateral Request to CPR in Furtherance of Compliance With Court's August 6, 2022 Order filed by Jorge Mattos, Patricia Toja. Replies due by 8/26/2022. (Attachments: #1 Exhibit)(Bared, Pablo) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 34 MOTION for Leave to Serve Unilateral Request to CPR in Furtherance of Compliance With Court's August 6, 2022 Order by National Western Life Insurance Company, Universal Insurance Broker, Corp.. (Attachments: #1 Exhibit 1)(Tache, Walter) [Transferred from Florida Southern on 9/15/2022.] |
|
Filing 33
PAPERLESS ORDER deferring ruling on Plaintiffs' #28 Motion to Lift the Stay and Vacate Order Compelling Arbitration, and to Remand Case to State Court. Based on the Court's review of the record, see [ECF No. 28-1], it is unclear (1) whether the arbitration proceedings have concluded; and (2) if so, the basis. The parties shall jointly seek written clarification from CPR within fourteen (14) days from the date of this Order. Signed by Judge Darrin P. Gayles (bhy) [Transferred from Florida Southern on 9/15/2022.]
|
| Filing 32 Notice of Pending, Refiled, Related or Similar Actions by Jorge Mattos, Patricia Toja (Bared, Pablo) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 31 Notice of Ninety Days Expiring by Jorge Mattos, Patricia Toja re #28 MOTION to Vacate #16 Order,, Administrative Order, filed by Jorge Mattos, Patricia Toja (Bared, Pablo) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 30 REPLY to Response to Motion re #28 MOTION to Vacate #16 Order,, Administrative Order, filed by Jorge Mattos, Patricia Toja. (Attachments: #1 Exhibit Exhibit 1 to Reply to Defendants' Joint Response to Motion to Lift the Stay)(Bared, Pablo) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 29 RESPONSE in Opposition re #28 MOTION to Vacate #16 Order,, Administrative Order, filed by National Western Life Insurance Company, Universal Insurance Broker, Corp.. Replies due by 11/18/2021. (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, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14)(Tache, Walter) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 28 MOTION to Vacate #16 Order,, Administrative Order, by Jorge Mattos, Patricia Toja. Responses due by 11/12/2021 (Attachments: #1 Exhibit Exhibit 1 to Motion to Lift Stay and Vacate Order Compelling Arbitration and to Remand Case to State Court)(Bared, Pablo) [Transferred from Florida Southern on 9/15/2022.] |
|
Filing 27
ORDER of Dismissal of USCA: Pursuant to Appellant Jorge Mattos and Patricia Toja's motion for voluntary dismissal, this appeal was dismissed on July 26, 2021 as to #24 Notice of Appeal, filed by Jorge Mattos, Patricia Toja (hh) [Transferred from Florida Southern on 9/15/2022.]
|
| Filing 26 Acknowledgment of Receipt of NOA from USCA re #24 Notice of Appeal, filed by Jorge Mattos, Patricia Toja. Date received by USCA: 6/17/2021. USCA Case Number: 21-12113-DD. (apz) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 25 TRANSCRIPT INFORMATION FORM by Jorge Mattos, Patricia Toja re #24 Notice of Appeal,. No Transcript Requested. (Bared, Pablo) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 24 Notice of Appeal as to #23 Order on Motion for Reconsideration, #16 Order,, Administrative Order, by Jorge Mattos, Patricia Toja. Filing fee $ 505.00 receipt number BFLSDC-14777159. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Bared, Pablo)[Transferred from Florida Southern on 9/15/2022.] |
| Transmission of Notice of Appeal, Orders under appeal and Docket Sheet to US Court of Appeals re #24 Notice of Appeal, Notice has been electronically mailed. (apz) [Transferred from Florida Southern on 9/15/2022.] |
|
Filing 23
ORDER denying #19 Plaintiffs' Motion for Relief from the Court's Order Compelling Arbitration and Staying the Case. Signed by Judge Darrin P. Gayles See attached document for full details. (mcy) [Transferred from Florida Southern on 9/15/2022.]
|
| Filing 22 NOTICE by Jorge Mattos, Patricia Toja re #20 Response in Opposition to Motion, #19 MOTION for Reconsideration re #16 Order,, Administrative Order, for Relief from the Court's Order Compelling Arbitration and Staying the Case, #21 Reply to Response to Motion, (Bared, Pablo) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 21 REPLY to Response to Motion re #19 MOTION for Reconsideration re #16 Order,, Administrative Order, for Relief from the Court's Order Compelling Arbitration and Staying the Case filed by Jorge Mattos, Patricia Toja. (Bared, Pablo) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 20 RESPONSE in Opposition re #19 MOTION for Reconsideration re #16 Order,, Administrative Order, for Relief from the Court's Order Compelling Arbitration and Staying the Case (Joint Response) filed by National Western Life Insurance Company, Universal Insurance Broker, Corp.. Replies due by 9/22/2020. (Tache, Walter) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 19 MOTION for Reconsideration re #16 Order,, Administrative Order, for Relief from the Court's Order Compelling Arbitration and Staying the Case by Jorge Mattos, Patricia Toja. (Bared, Pablo) [Transferred from Florida Southern on 9/15/2022.] |
|
Filing 18
PAPERLESS ORDER denying without prejudice Plaintiffs' #17 Motion for Relief from the Court's Order Compelling Arbitration and Staying the Case for failure to comply with Local Rule 7.1(a)(3). Signed by Judge Darrin P. Gayles (bfk) [Transferred from Florida Southern on 9/15/2022.]
|
| Filing 17 MOTION for Reconsideration re #16 Order,, Administrative Order, for relief from the Court's Order Compelling Arbitration and Staying the Case by Jorge Mattos, Patricia Toja. (Bared, Pablo) [Transferred from Florida Southern on 9/15/2022.] |
|
Filing 16
ORDER granting Defendant National Western Life Insurance Company's #6 Motion to Compel Arbitration and Stay the Proceedings and Defendant Universal Insurance Broker, Corp.'s #7 Motion to Stay this Action Pending Arbitration. Signed by Judge Darrin P. Gayles (bfk) [Transferred from Florida Southern on 9/15/2022.]
|
| Filing 15 REPLY to Response to Motion re #7 Defendant's MOTION to Stay this Action Pending Arbitration, #6 Defendant's MOTION to Compel Arbitration and Stay the Proceedings filed by National Western Life Insurance Company, Universal Insurance Broker, Corp.. Attorney Walter J. Tache added to party Universal Insurance Broker, Corp.(pty:dft). (Tache, Walter) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 14 NOTICE OF WITHDRAWAL OF MOTION by Universal Insurance Broker, Corp. re #12 Joint MOTION for Leave to File Excess Pages filed by Universal Insurance Broker, Corp. (Bermudez, Angel) [Transferred from Florida Southern on 9/15/2022.] |
| Set/Reset Deadlines/Hearings as to #12 Joint MOTION for Leave to File Excess Pages . Responses due by 8/21/2020 per DE 13 (cbr) [Transferred from Florida Southern on 9/15/2022.] |
|
Filing 13
PAPERLESS ORDER directing Plaintiffs to respond to Defendants' #12 Joint Motion for Leave to File Excess Pages on or before August 21, 2020. Signed by Judge Darrin P. Gayles (bfk) [Transferred from Florida Southern on 9/15/2022.]
|
| Filing 12 Joint MOTION for Leave to File Excess Pages by Universal Insurance Broker, Corp.. (Bermudez, Angel) [Transferred from Florida Southern on 9/15/2022.] |
|
Filing 11
PAPERLESS ORDER granting Defendants' #10 Joint Motion for Extension of Time to Reply to Plaintiffs' Opposition to Defendants' Motions to Stay Proceedings Pending Arbitration. Defendants shall file their joint reply to Plaintiff's [8 & 9] Responses on or before August 17, 2020. Signed by Judge Darrin P. Gayles (bfk) [Transferred from Florida Southern on 9/15/2022.]
|
| Filing 10 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #9 Response in Opposition to Motion, #8 Response in Opposition to Motion, Defendants' Motions to Stay Proceedings Pending Arbitration by National Western Life Insurance Company. (Attachments: #1 Text of Proposed Order Proposed Order)(Tache, Walter) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 9 RESPONSE in Opposition re #7 Defendant's MOTION to Stay this Action Pending Arbitration filed by Jorge Mattos, Patricia Toja. Replies due by 8/11/2020. (Attachments: #1 Exhibit Composite Exhibit 1 to Universal Insurance Broker Corps Stay This Action Pending Arbitration, #2 Exhibit Exhibit 2 Opposition to Universal Insurance Broker Corps Stay this Action Pending Arbitration)(Bared, Pablo) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 8 RESPONSE in Opposition re #6 Defendant's MOTION to Compel Arbitration and Stay the Proceedings filed by Jorge Mattos, Patricia Toja. Replies due by 8/10/2020. (Attachments: #1 Exhibit Composite Exhibit 1 Opposition to National Western Life Insurance Motion to Compel Arbitration, #2 Exhibit Exhibit 2 Opposition to National Western Life Insurance Motion to Compel Arbitration)(Bared, Pablo) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 7 Defendant's MOTION to Stay this Action Pending Arbitration by Universal Insurance Broker, Corp.. Responses due by 8/4/2020 (Attachments: #1 Exhibit)(Bermudez, Angel) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 6 Defendant's MOTION to Compel Arbitration and Stay the Proceedings by National Western Life Insurance Company. Responses due by 8/3/2020 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Tache, Walter) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 5 NOTICE by National Western Life Insurance Company re 4 Clerks Notice to Filer re: Electronic Case (Attachments: #1 Exhibit Civil Cover Sheet) (Tache, Walter) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 3 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (bfk) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 4 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (mee) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (mee) [Transferred from Florida Southern on 9/15/2022.] |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number AFLSDC-13171865, filed by National Western Life Insurance Company. No answer/affirmative defenses filed (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Composite Exhibit B)(Tache, Walter)Text Modified on 7/14/2020 (mee). [Transferred from Florida Southern on 9/15/2022.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
