Beazley Insurance Company, Inc. v. Eaton Corporation et al
Plaintiff: Beazley Insurance Company, Inc.
Defendant: Eaton Corporation, ABB, Inc. and KST Electric, Inc.
Counter Plaintiff: Rosendin Electric, Inc.
3Rd Party Defendant: Consolidated Electric Distributors, Inc.
Case Number: 5:2016cv01255
Filed: December 13, 2016
Court: US District Court for the Western District of Texas
Office: San Antonio Office
Presiding Judge: Orlando L Garcia
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 5, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 5, 2018 Filing 77 STIPULATION of Dismissal - Joint by Eaton Corporation. (Attachments: #1 Proposed Order)(Aldape, Daniela)
February 7, 2018 Opinion or Order Filing 76 ORDER for Dismissal Papers re #75 Notice of Settlement filed by Beazley Insurance Company, Inc. Signed by Chief Judge Orlando L. Garcia. (aej)
February 6, 2018 Filing 75 NOTICE of Settlement Agreement by Beazley Insurance Company, Inc. (McMullin, George)
January 8, 2018 Filing 74 NOTICE of Attorney Unavailability by Rosendin Electric, Inc. (Stein, Mark)
December 15, 2017 Filing 73 Plaintiff Beazley Insurance Company, Inc.'s ANSWER to #42 Amended Counterclaim, of Defendant Rosendin Electric by Beazley Insurance Company, Inc..(McMullin, George)
December 6, 2017 Opinion or Order Filing 72 ORDER, ( Pretrial Conference reset for 10/3/2018 9:30 AM before Chief Judge Orlando L. Garcia,, Jury Selection and Jury Trial reset for 10/9/2018 9:30 AM before Chief Judge Orlando L. Garcia, ADR Mediation Completed by 7/27/2018, Discovery due by 6/29/2018, Motions due by 6/29/2018). Signed by Chief Judge Orlando L. Garcia. (aej)
December 5, 2017 Opinion or Order Text Order GRANTING #71 Joint Motion to Continue Trial and Amend Scheduling Order entered by Chief Judge Orlando L. Garcia. Amended Scheduling Order to follow by separate order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)
December 4, 2017 Filing 71 Joint MOTION to Continue Trial and Amending Scheduling Order by Beazley Insurance Company, Inc.. (Attachments: #1 Exhibit Amended Scheduling Order)(McMullin, George)
November 17, 2017 Opinion or Order Filing 70 ORDER DENYING #39 Motion to Dismiss ; DENYING #45 Motion to Dismiss ; GRANTING #50 Motion to Dismiss. Terminated party Rosendin Electric, Inc., Rosendin Electric, Inc., Consolidated Electric Distributors, Inc. and Consolidated Electric Distributors, Inc. Signed by Chief Judge Orlando L. Garcia. (aej)
November 17, 2017 Filing 69 NOTICE of Written Discovery by Beazley Insurance Company, Inc. (McMullin, George)
November 17, 2017 Filing 68 NOTICE of Subpoena to Brett Fairman by Eaton Corporation (Aldape, Daniela)
November 17, 2017 Filing 67 NOTICE of Subpoena to Andy Watson by Eaton Corporation (Aldape, Daniela)
November 15, 2017 Filing 66 NOTICE of Written Discovery by Rosendin Electric, Inc. (Dailey, John)
November 13, 2017 Filing 65 NOTICE of Written Discovery by Beazley Insurance Company, Inc. (McMullin, George)
October 27, 2017 Filing 64 NOTICE of Discovery by Rosendin Electric, Inc. (Stein, Mark)
October 24, 2017 Opinion or Order Filing 63 ORDER, ( ADR Mediation Completed by 3/16/2018,, Discovery due by 2/23/2018,, Motions due by 2/23/2018,, Jury Selection set for 6/25/2018 09:30AM before Chief Judge Orlando L. Garcia,, Jury Trial set for 6/25/2018 09:30 AM before Chief Judge Orlando L. Garcia,, Pretrial Conference set for 6/20/2018 09:30 AM before Chief Judge Orlando L. Garcia,),. Signed by Chief Judge Orlando L. Garcia. (rf)
October 24, 2017 Opinion or Order Text Order GRANTING #62 Joint Motion for Extension of Time to Amend Scheduling Order Deadlines entered by Chief Judge Orlando L. Garcia. Amended Scheduling Order to follow by separate order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)
October 19, 2017 Filing 62 Joint MOTION for Extension of Time to Amend (to Designate Experts) by Beazley Insurance Company, Inc.. (Attachments: #1 Proposed Order Amended Scheduling Order)(McMullin, George)
October 19, 2017 Opinion or Order Text Order GRANTING #58 Joint MOTION to Dismiss without Prejudice (As to Defendant ABB, Inc.) entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)
October 18, 2017 Filing 61 NOTICE of Discovery by Rosendin Electric, Inc. (Stein, Mark)
October 13, 2017 Filing 60 NOTICE of Discovery by Rosendin Electric, Inc. (Stein, Mark)
October 10, 2017 Filing 58 Joint MOTION to Dismiss without Prejudice (As to Defendant ABB, Inc.) by Beazley Insurance Company, Inc.. (McMullin, George)
October 6, 2017 Filing 59 SURREPLY to Motion filed by Consolidated Electric Distributors, Inc., re #50 MOTION to Dismiss Under Rule 12(b)(6) filed by Third Party Defendant Consolidated Electric Distributors, Inc. (aej)
October 6, 2017 Filing 57 Unopposed MOTION for Leave to File Sur-Reply in Support of its Motion to Dismiss under Rule 12(b)(6) by Consolidated Electric Distributors, Inc.. (Attachments: #1 Proposed Order, #2 Sur-Reply)(Aldape, Daniela)
October 6, 2017 Opinion or Order Text Order GRANTING #57 Unopposed Motion for Leave to File Sur-Reply entered by Chief Judge Orlando L. Garcia. IT IS THEREFORE ORDERED, that Consolidated Electric Distributors, Inc.'s Sur-Reply in Support of its Motion to Dismiss Under Rule 12(b)(6) is deemed filed as of the date of the signing of this Order.(This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)
October 5, 2017 If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (rf)
October 4, 2017 Filing 56 AMENDED THIRD PARTY COMPLAINT against Consolidated Electric Distributors, Inc. filed by Rosendin Electric, Inc.(aej)
October 4, 2017 Opinion or Order Text Order GRANTING #53 MOTION to Amend Complaint Against CED entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)
September 27, 2017 Filing 55 RESPONSE to Motion, filed by Consolidated Electric Distributors, Inc., re #53 MOTION to Amend Complaint Against CED filed by Third Party Plaintiff Rosendin Electric, Inc. (Aldape, Daniela)
September 22, 2017 Filing 54 Proposed Pretrial Order Proposed Order on Rosendin Electric's Motion to Amend Third-Party Complaint by Rosendin Electric, Inc.. (Dailey, John)
September 22, 2017 Filing 53 MOTION to Amend Complaint Against CED by Rosendin Electric, Inc.. (Attachments: #1 Exhibit A)(Dailey, John)
September 20, 2017 Filing 52 REPLY to Response to Motion, filed by Consolidated Electric Distributors, Inc., re #50 MOTION to Dismiss Under Rule 12(b)(6) filed by Third Party Defendant Consolidated Electric Distributors, Inc. (Aldape, Daniela)
September 14, 2017 Filing 51 RESPONSE to Motion, filed by Rosendin Electric, Inc., re #50 MOTION to Dismiss Under Rule 12(b)(6) filed by Third Party Defendant Consolidated Electric Distributors, Inc. Rosendin Electricd's Response to Consolidated Electric Distributors Motion to Dismiss Rosendin's Third-Party Complaint (Attachments: #1 Exhibit, #2 Affidavit)(Dailey, John)
August 31, 2017 Filing 50 MOTION to Dismiss Under Rule 12(b)(6) by Consolidated Electric Distributors, Inc.. (Attachments: #1 Exhibit #1)(Aldape, Daniela)
August 22, 2017 Filing 49 RESPONSE to Motion, filed by Rosendin Electric, Inc., re #39 MOTION to Dismiss Defendant Rosendin's Counterclaim filed by Plaintiff Beazley Insurance Company, Inc. Defendant Rosendin Electric's Response to Plaintiff's Motion to Dismiss Defendant Rosendin's Amended Counterclaim (Dailey, John)
August 21, 2017 Opinion or Order Text Order GRANTING #48 Motion to Substitute Attorney entered by Chief Judge Orlando L. Garcia. IT IS THEREFORE ORDERED that Mark R. Stein and of the Law firm of ALLEN, STEIN & DURBIN, are substituted counsel for Defendant, ROSENDIN ELECTRIC, INC., formerly known as KST ELETRIC, INC., and that John A. Guerra and Benjamin B. Doherty, and the law firm of BROCK PERSON Guerra &. Reyna, PC, be relieved of any further duties as counsel for said Defendant. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)
August 18, 2017 Filing 48 MOTION to Substitute Attorney John T. Dailey by Rosendin Electric, Inc.. (Attachments: #1 Proposed Order Order for Substitution of Counsel)(Dailey, John)
August 9, 2017 Filing 47 STIPULATION to Extend Time to Answer (REVISED) by Consolidated Electric Distributors, Inc., Rosendin Electric, Inc.. (Aldape, Daniela)
August 8, 2017 Filing 46 ATTACHMENT Order to #45 MOTION to Dismiss Defendant Rosendin's Amended Counterclaim by Beazley Insurance Company, Inc.. (McMullin, George)
August 8, 2017 Filing 45 ***DOCUMENT IS DEFICIENT - PROPOSED ORDER IS REQUIRED**** MOTION to Dismiss Defendant Rosendin's Amended Counterclaim by Beazley Insurance Company, Inc.. (Attachments: #1 Memo in Support)(McMullin, George) Modified on 8/8/2017, to designate deficiency (rf).
August 8, 2017 DEFICIENCY NOTICE ****NOTIFIED COUNSEL THAT DOCUMENT IS DEFICIENT - Proposed order required. DO NOT re-file entire document. Please file ONLY the proposed order using the (Attachment) event from menu and link the proposed order to the motion. See page 10, item 9d of the Administrative Policies and Procedures for Electronic Filing, Western District of Texas.*****re #45 MOTION to Dismiss Defendant Rosendin's Amended Counterclaim. (rf)
August 2, 2017 Filing 44 STIPULATION to Extend Time to File Answer by Consolidated Electric Distributors, Inc.. (Aldape, Daniela)
August 2, 2017 Filing 43 NOTICE of Attorney Appearance by Daniela Gonzales Aldape on behalf of Consolidated Electric Distributors, Inc.. Attorney Daniela Gonzales Aldape added to party Consolidated Electric Distributors, Inc.(pty:3pd) (Aldape, Daniela)
July 12, 2017 Filing 42 First Amended Answer AMENDED COUNTERCLAIM Firstand First Amended Answer against Beazley Insurance Company, Inc. amending, filed by Rosendin Electric, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B1, #4 Exhibit C)(Doherty, Benjamin)
July 12, 2017 Filing 41 RESPONSE to Motion, filed by Rosendin Electric, Inc., re #39 MOTION to Dismiss Defendant Rosendin's Counterclaim filed by Plaintiff Beazley Insurance Company, Inc. (Doherty, Benjamin)
July 6, 2017 Filing 40 SUMMONS Returned Executed by Rosendin Electric, Inc.. Consolidated Electric Distributors, Inc. served on 7/3/2017, answer due 7/24/2017. (Doherty, Benjamin)
June 28, 2017 Filing 39 MOTION to Dismiss Defendant Rosendin's Counterclaim by Beazley Insurance Company, Inc.. (Attachments: #1 Exhibit A to Motion to Dismiss, #2 Memo in Support of Motion to Dismiss, #3 Exhibit A to Memo in Support, #4 Exhibit B to Memo in Support)(McMullin, George)
June 27, 2017 Filing 38 Summons Issued as to Beazley Insurance Company, Inc. (aej)
June 27, 2017 Filing 36 REQUEST FOR ISSUANCE OF SUMMONS by Rosendin Electric, Inc.. to Consolidated Electric Distributors, Inc. (Doherty, Benjamin)
June 26, 2017 Filing 35 AMENDED ANSWER to Original Complaint, COUNTERCLAIM against Beazley Insurance Company, Inc. by Rosendin Electric, Inc. (aej)
June 23, 2017 Opinion or Order Text Order GRANTING #34 Motion for Leave to File Amended Answer to Assert Counterclaim Against Plaintiff by Rosendin Electric, Inc. entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)
June 22, 2017 Filing 34 MOTION for Leave to File Amended Answer to Assert Counterclaim Against Plaintiff by Rosendin Electric, Inc.. (Attachments: #1 Exhibit, #2 Proposed Order)(Doherty, Benjamin)
June 21, 2017 Filing 33 AMENDED ANSWER by Eaton Corporation. (rf)
June 21, 2017 Opinion or Order Text Order GRANTING #32 Unopposed Motion for Leave to File Amended Answer entered by Chief Judge Orlando L. Garcia. IT IS FURTHER ORDERED that the Clerk's Office file the Amended Answer attached to the motion as Exhibit A. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)
June 20, 2017 Filing 32 Unopposed MOTION for Leave to File Amended Answer by Eaton Corporation. (Attachments: #1 Exhibit A - Amended Answer, #2 Proposed Order)(Aldape, Daniela)
June 5, 2017 Filing 31 FIRST AMENDED ANSWER by Rosendin Electric, Inc. (aej)
June 5, 2017 Opinion or Order Filing 30 ORDER GRANTING #27 Motion for Leave to File. Signed by Chief Judge Orlando L. Garcia. (aej)
June 5, 2017 Filing 29 THIRD PARTY COMPLAINT against Consolidated Electric Distributors, Inc. filed by Rosendin Electric, Inc. (Attachments: #1 Exhibit)(aej)
June 5, 2017 Opinion or Order Filing 28 ORDER GRANTING #25 Motion for Leave to File. Signed by Chief Judge Orlando L. Garcia. (aej)
May 26, 2017 Filing 27 MOTION for Leave to File Rosendin's First Amended Answer by Rosendin Electric, Inc.. (Attachments: #1 Exhibit Rosendin's First Amended Answer, #2 Proposed Order)(Doherty, Benjamin)
May 26, 2017 Filing 26 MOTION for Leave to File Rosendin's First Amended Answer by Rosendin Electric, Inc.. (Attachments: #1 Exhibit Rosendin First Amended Answer, #2 Proposed Order)(Doherty, Benjamin) Modified on 6/6/2017 (aej).
May 26, 2017 Filing 25 MOTION for Leave to File Third Party Complaint Against Third Party Defendant Consolidate Electric Distributors, Inc. by Rosendin Electric, Inc.. (Attachments: #1 Exhibit Third-Party Complaint, #2 Exhibit Exh A to Third-Party Compalint, #3 Proposed Order)(Doherty, Benjamin)
May 16, 2017 Filing 24 NOTICE of Attorney Appearance by George A. McMullin on behalf of Beazley Insurance Company, Inc. as subrogee of JT Vaughn Construction, LLC (McMullin, George)
April 20, 2017 Filing 23 MOTION to Appoint Counsel by ABB, Inc.. (Taylor, Todd) Modified on 4/24/2017 to term motion (aej).
March 31, 2017 Filing 22 NOTICE of Compliance by Rosendin Electric, Inc. (Doherty, Benjamin)
March 29, 2017 Filing 21 NOTICE OF COMPLIANCE by Eaton Corporation (Aldape, Daniela)
March 28, 2017 Filing 20 NOTICE of Compliance by ABB, Inc. (Taylor, Todd)
March 13, 2017 Filing 19 ADR Report Filed - Joint ADR Report by Beazley Insurance Company, Inc. (Kuusela, Mary Jo)
March 10, 2017 Filing 18 NOTICE of Compliance by Beazley Insurance Company, Inc. (Kuusela, Mary Jo)
February 17, 2017 Filing 17 NOTICE of Service of Initial Disclosures by Rosendin Electric, Inc. (Doherty, Benjamin)
February 17, 2017 Filing 16 NOTICE of Service of Initial Disclosures by Eaton Corporation (Aldape, Daniela)
February 17, 2017 Opinion or Order Text Order GRANTING #13 Motion to Substitute Attorney for Defendant Rosendin Electric, Inc. formerly known as KST Electric, Inc. entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)
February 16, 2017 Filing 15 Pretrial Disclosures Rule 26(a)(1) by ABB, Inc.. (Taylor, Todd)
February 15, 2017 Opinion or Order Filing 14 SCHEDULING ORDER: Pretrial Conference set for 6/20/2018 9:30 AM before Chief Judge Orlando L. Garcia, Jury Selection and Jury Trial set for 6/25/2018 9:30 AM before Chief Judge Orlando L. Garcia, ADR Report Deadline due by 3/17/2017, ADR Mediation Completed by 3/16/2018, Amended Pleadings due by 6/23/2017, Discovery due by 2/23/2018, Joinder of Parties due by 6/23/2017, Motions due by 2/23/2018. Signed by Chief Judge Orlando L. Garcia. (aej)
February 13, 2017 Filing 13 MOTION to Substitute Attorney by Rosendin Electric, Inc.. (Attachments: #1 Proposed Order)(Doherty, Benjamin)
February 3, 2017 Filing 12 Pretrial Disclosures Plaintiff's Rule 26(a)(1) Initial Disclosures by Beazley Insurance Company, Inc.. (Kuusela, Mary Jo)
January 30, 2017 Filing 11 Proposed Scheduling Order by Beazley Insurance Company, Inc.. (Kuusela, Mary Jo)
January 30, 2017 Filing 10 NOTICE Consent/Non Consent, and Reference of Civil Action to Magistrate Judge by Beazley Insurance Company, Inc. (Kuusela, Mary Jo)
January 18, 2017 Opinion or Order Filing 9 Order and Advisory. Plaintiff shall submit a scheduling proposed scheduling order to the Court within forty-five(45) days of the filing of this Order. Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Chief Judge Orlando L. Garcia. (aej)
January 11, 2017 Opinion or Order Text Order GRANTING #7 Motion to Appear Pro Hac Vice for Richard W. Bale. 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. entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)
January 10, 2017 Filing 8 NOTICE of Attorney Appearance by Mary Jo Kuusela on behalf of Beazley Insurance Company, Inc. . Attorney Mary Jo Kuusela added to party Beazley Insurance Company, Inc. (pty:pla) (Kuusela, Mary Jo)
January 9, 2017 Filing 7 Unopposed MOTION to Appear Pro Hac Vice by Daniela Gonzales Aldape for Richard W. Bale ( Filing fee $ 100 receipt number 0542-9182744) by on behalf of Eaton Corporation. (Attachments: #1 Proposed Order)(Aldape, Daniela)
January 6, 2017 Filing 6 Original ANSWER to Complaint . Attorney Mark Robert Stein added to party Rosendin Electric, Inc.(pty:dft) by Rosendin Electric, Inc..(Stein, Mark)
December 27, 2016 Filing 5 RULE 7 DISCLOSURE STATEMENT filed by ABB, Inc.. (Taylor, Todd)
December 14, 2016 Filing 4 Letter to attorney George A. McMullin regarding admittance to practice in Western District of Texas. (aej)
December 14, 2016 Filing 3 SUPPLEMENT to #1 Notice of Removal, JS44 Civil Cover Sheet by ABB, Inc.. (Taylor, Todd)
December 14, 2016 Filing 2 RULE 7 DISCLOSURE STATEMENT filed by Eaton Corporation. (Montpas, David)
December 13, 2016 Case Assigned to Chief Judge Orlando L. Garcia. 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. (aej)
December 13, 2016 If ordered by the court, all referrals will be assigned to Magistrate Judge Primomo (aej)
December 13, 2016 Filing 1 NOTICE OF REMOVAL by ABB, Inc. (Filing fee $400 receipt number 0542-9117352), filed by ABB, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Taylor, Todd)

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Search for this case: Beazley Insurance Company, Inc. v. Eaton Corporation et al
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Defendant: Eaton Corporation
Represented By: David R. Montpas
Represented By: Richard W. Bale
Represented By: Daniela Gonzales Aldape
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Defendant: ABB, Inc.
Represented By: Todd Taylor
Represented By: Nelson W. Wagar, III
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Defendant: KST Electric, Inc.
Represented By: Benjamin B. Doherty
Represented By: John A. Guerra
Represented By: Mark Robert Stein
Represented By: John T. Dailey
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Plaintiff: Beazley Insurance Company, Inc.
Represented By: Mary Jo Kuusela
Represented By: George A. McMullin
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Counter plaintiff: Rosendin Electric, Inc.
Represented By: Benjamin B. Doherty
Represented By: John A. Guerra
Represented By: Mark Robert Stein
Represented By: John T. Dailey
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3rd party defendant: Consolidated Electric Distributors, Inc.
Represented By: Richard W. Bale
Represented By: Daniela Gonzales Aldape
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