Walther v. Allstate Fire and Casualty Insurance Company
| ROSANA WALTHER |
| ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY |
| 5:2019cv01326 |
| November 12, 2019 |
| US District Court for the Western District of Texas |
| Xavier Rodriguez |
| Insurance |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 27, 2020. A more recent docket listing may be available from PACER.
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| Filing 14 DEFENDANT'S REPLY to Response to Motion, filed by Allstate Fire and Casualty Insurance Company, re #3 MOTION to Dismiss Defendant's Motion to Dismiss Pursuant to Rules 12(b)(6) and Rule 9(b) filed by Defendant Allstate Fire and Casualty Insurance Company (Valdez, Robert) |
| Filing 13 RESPONSE to Motion, filed by Allstate Fire and Casualty Insurance Company, re #11 MOTION to Remand to State Court and Memorandum in Support filed by Plaintiff Rosana Walther (Valdez, Robert) |
| Filing 12 RESPONSE to Motion, filed by Rosana Walther, re #3 MOTION to Dismiss Defendant's Motion to Dismiss Pursuant to Rules 12(b)(6) and Rule 9(b) filed by Defendant Allstate Fire and Casualty Insurance Company (Acuna, Mark) |
| Filing 11 MOTION to Remand to State Court and Memorandum in Support by Rosana Walther. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Acuna, Mark) |
| Filing 10 MOTION for Leave to File Plaintiff's First Amended Original Petition by Rosana Walther. (Attachments: #1 Exhibit Plaintiff's First Amended Original Petition, #2 Proposed Order Order Granting Plaintiff's Motion For Leave to File an Amended Petition)(Acuna, Mark) |
| Filing 9 ADVISORY TO THE COURT by Allstate Fire and Casualty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Valdez, Robert) |
Filing 8
ORDER TO SHOW CAUSE as to Allstate Fire and Casualty Insurance Company. Show Cause Response due by 12/5/2019,. Signed by Judge Xavier Rodriguez. (rf)
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Filing 7
Order and Advisory.( roposed Scheduling Order due by 1/10/2020,), Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge.. Signed by Judge Xavier Rodriguez. (rf)
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Text Order DENYING #6 Motion for Extension of Time to File Response to Notice of Removal entered by Judge Xavier Rodriguez. The Court construes this motion as a motion to extend the 30-day statutory deadline in 28 USC Section 1447(c) to file a motion to remand based on procedural defects in removal. "A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a). 28 U.S.C.A. 1447(c). A procedural defect is any defect that does not go to the question of whether the case originally could have been brought in federal district court. Only in the case of a lack of subject matter jurisdiction may the plaintiff object to removal after the 30-day limit. Federal courts strictly construe the 30-day limit for filing motions to remand based on procedural defects. Several courts and the Federal Practice and Procedure treatise have held that Rule 6(b) does not apply to allow the Court to extend the 30-day period set by statute. Fed. Prac. & Proc. Section 1165 (and citing cases). The Fifth Circuit has indicated that there must be, "at a minimum, an express agreement between the parties, approved by the district court, to waive the 30 day period for remand." In re Shell Oil, 932 F.2d 1523, 1529 n.9 (5th Cir. 1991). Plaintiff has not provided a sufficient basis for the Court to extend the deadline under the current circumstances. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)
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Text Order GRANTING #4 Motion for Extension of Time to File Response entered by Judge Xavier Rodriguez. The deadline to file a response to the motion to dismiss is extended to December 20, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)
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| Filing 6 MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal, by Rosana Walther. (Attachments: #1 Exhibit 1, #2 Proposed Order Granting Plaintiff's Motion for Leave to File Response to Defendant's Notice of Removal)(Acuna, Mark) |
| Filing 5 AMENDED ANSWER to by Allstate Fire and Casualty Insurance Company. (Valdez, Robert) |
| Filing 4 MOTION for Extension of Time to File Response/Reply as to #3 MOTION to Dismiss Defendant's Motion to Dismiss Pursuant to Rules 12(b)(6) and Rule 9(b) by Rosana Walther. (Attachments: #1 Exhibit 1, #2 Proposed Order Granting Plaintiff's Motion for Leave)(Acuna, Mark) |
| Filing 3 MOTION to Dismiss Defendant's Motion to Dismiss Pursuant to Rules 12(b)(6) and Rule 9(b) by Allstate Fire and Casualty Insurance Company. (Valdez, Robert) |
| Filing 2 Pro Hac Vice Letter to Attorney Desi I. Martinez. (mgr) |
| Case assigned to Judge Xavier Rodriguez. 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. (mgr) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (mgr) |
| Filing 1 NOTICE OF REMOVAL by ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY (Filing fee $400 receipt number 0542-12833735), filed by ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Supplement Supplement to JS44, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E)(Valdez, Robert) |
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| Plaintiff: ROSANA WALTHER | |
| Represented By: | Mark Anthony Acuna |
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| Defendant: ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY | |
| Represented By: | Robert E. Valdez |
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