Windmill Wellness Ranch, L.L.C. v. United Services Automobile Association
Plaintiff: Windmill Wellness Ranch, L.L.C.
Defendant: United Services Automobile Association
Case Number: 5:2022cv01201
Filed: November 3, 2022
Court: US District Court for the Western District of Texas
Presiding Judge: Henry J Bemporad
Referring Judge: Orlando L Garcia
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1002 E.R.I.S.A.: Employee Retirement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 21, 2023 Opinion or Order Filing 33 ORDER SETTING VIDEO HEARING re #22 Motion to Dismiss for Failure to State a Claim Plaintiff's Second Amended Complaint filed by United Services Automobile Association, Set Motion Hearing for #22 Motion to Dismiss for Failure to State a Claim Plaintiff's Second Amended Complaint ( Motion Hearing set for 11/1/2023 10:30 AM before Judge Henry J. Bemporad,). Signed by Judge Henry J. Bemporad. (mgr)
September 18, 2023 Filing 32 DESIGNATION OF EXPERT WITNESSES by Windmill Wellness Ranch, L.L.C.. (O'Neil, Paul)
September 8, 2023 MOTION REFERRED: referred #22 Motion to Dismiss for Failure to State a Claim Plaintiff's Second Amended Complaint. Referral Judge: Henry J. Bemporad. (mgr)
June 20, 2023 Filing 31 NOTICE of Attorney Appearance by Benjamin H. Mccoy on behalf of United Services Automobile Association. Attorney Benjamin H. Mccoy added to party United Services Automobile Association(pty:dft) (Mccoy, Benjamin)
June 20, 2023 Filing 30 ADR Report Filed - Joint by United Services Automobile Association(Crooks, David)
May 17, 2023 Opinion or Order Filing 29 SCHEDULING ORDER: ADR Report Deadline due by 6/16/2023, ADR Mediation Completed by 9/29/2023, Amended Pleadings due by 7/17/2023, Discovery due by 11/17/2023, Motions due by 1/15/2024,. Signed by Judge Henry J. Bemporad. (mgr)
May 17, 2023 Filing 28 Minute Entry for proceedings held before Judge Henry J. Bemporad: Video Initial Pretrial Conference held on 5/17/2023 (Minute entry documents are not available electronically.). (Court Reporter FTR Gold.)(mgr)
May 12, 2023 Filing 27 Scheduling Recommendations (Joint) by Windmill Wellness Ranch, L.L.C.. (Hollaway, Thomas)
May 12, 2023 Filing 26 Rule 26(f) Discovery Report/Case Management Plan by Windmill Wellness Ranch, L.L.C.. (Hollaway, Thomas)
April 17, 2023 Filing 25 REPLY to Response to Motion, filed by United Services Automobile Association, re #22 Motion to Dismiss for Failure to State a Claim Plaintiff's Second Amended Complaint filed by Defendant United Services Automobile Association (Crooks, David)
April 10, 2023 Filing 24 Response in Opposition to Motion, filed by Windmill Wellness Ranch, L.L.C., re #22 Motion to Dismiss for Failure to State a Claim Plaintiff's Second Amended Complaint filed by Defendant United Services Automobile Association (Attachments: #1 Exhibit EX A)(O'Neil, Paul)
March 29, 2023 Opinion or Order Filing 23 ORDER SETTING VIDEO INITIAL PRETRIAL CONFERENCE, (Initial Pretrial Conference set for 5/17/2023 01:30 PM before Judge Henry J. Bemporad,). Signed by Judge Henry J. Bemporad. (mgr)
March 27, 2023 Filing 22 Motion to Dismiss for Failure to State a Claim Plaintiff's Second Amended Complaint by United Services Automobile Association. (Attachments: #1 Proposed Order, #2 Affidavit of J. Privet, #3 Appendix of Exhibits A through F)(Crooks, David)
March 13, 2023 Filing 21 NOTICE of Attorney Appearance by Thomas D. Hollaway on behalf of Windmill Wellness Ranch, L.L.C. (Hollaway, Thomas)
March 13, 2023 Filing 20 AMENDED COMPLAINT against All Plaintiffs amending, filed by Windmill Wellness Ranch, L.L.C.. (Attachments: #1 Exhibit Exhibit 1)(Hollaway, Thomas)
March 7, 2023 Opinion or Order Text Order GRANTING #18 Motion to Withdraw as Attorney. entered by Judge Henry J. Bemporad. (This is a text-only entry generated by the court. There is no document associated with this entry.) (HJB)
March 6, 2023 Filing 19 ADVISORY TO THE COURT by Windmill Wellness Ranch, L.L.C. Regarding Defendants Intent to File a Rule 12(b)(6) Motion. (O'Neil, Paul)
March 6, 2023 Filing 18 Agreed MOTION to Withdraw as Attorney and Substitute Counsel by United Services Automobile Association. (Attachments: #1 Proposed Order). Motions referred to Judge Henry J. Bemporad. (Whiting, Lauren)
March 1, 2023 Filing 17 NOTICE of Attorney Appearance by David Grant Crooks on behalf of United Services Automobile Association. Attorney David Grant Crooks added to party United Services Automobile Association(pty:dft) (Crooks, David)
February 13, 2023 Opinion or Order Text Order GRANTING Defendant's Unopposed Motion to Extend Deadline to Respond to Plaintiff's First Amended Complaint (Docket Entry 16) entered by Judge Henry J. Bemporad. Defendant's deadline to file its response to Plaintiff's First Amended Complaint (Docket Entry 15) is EXTENDED to MARCH 9, 2023. This is a text-only entry generated by the court. (wb)
February 10, 2023 Filing 16 Unopposed MOTION for Extension of Time to File Answer re #15 Amended Complaint by United Services Automobile Association. (Attachments: #1 Proposed Order). Motions referred to Judge Henry J. Bemporad. (Whiting, Lauren)
February 2, 2023 Filing 15 AMENDED COMPLAINT against All Plaintiffs amending, filed by Windmill Wellness Ranch, L.L.C.. (Attachments: #1 Exhibit Exhibit 1)(O'Neil, Paul)
January 26, 2023 Filing 14 ADVISORY TO THE COURT by Windmill Wellness Ranch, L.L.C. Regarding Defendants Intent to File a Rule 12(b)(6) Motion. (O'Neil, Paul)
January 17, 2023 Opinion or Order Filing 13 AGREED PROTECTIVE ORDER. Signed by Judge Henry J. Bemporad. (nm)
January 17, 2023 Filing 12 Joint MOTION for Protective Order by United Services Automobile Association. (Attachments: #1 Proposed Order). Motions referred to Judge Henry J. Bemporad. (Whiting, Lauren)
January 17, 2023 Filing 11 RULE 7 DISCLOSURE STATEMENT filed by United Services Automobile Association. (Whiting, Lauren)
December 16, 2022 Filing 10 MOTION to Appear Pro Hac Vice by Lauren Whiting ( Filing fee $ 100 receipt number ATXWDC-16873147) by on behalf of United Services Automobile Association. (Attachments: #1 Proposed Order). Motions referred to Judge Henry J. Bemporad. (Whiting, Lauren)
December 16, 2022 Opinion or Order Text Order GRANTING #10 Motion to Appear Pro Hac Vice. 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 entered by Judge Henry J. Bemporad. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wb)
November 29, 2022 Set/Reset Deadlines: United Services Automobile Association answer due 2/6/2023. (mgr)
November 29, 2022 Filing 9 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by United Services Automobile Association. (Attachments: #1 Proposed Order Proposed Order). Motions referred to Judge Henry J. Bemporad. (Whiting, Lauren)
November 29, 2022 Opinion or Order Text Order GRANTING Defendant's Unopposed Motion for an Extension of Time to Respond to Plaintiff's Complaint (Docket Entry 9) entered by Judge Henry J. Bemporad. Defendant's deadline to answer/respond to Plaintiff's Complaint is EXTENDED to FEBRUARY 6, 2023. This is a text-only entry generated by the court. (wb)
November 18, 2022 Opinion or Order Filing 8 ORDER REFERRING CASE to Magistrate Judge Henry J. Bemporad. Signed by Judge Orlando L. Garcia. (mgr)
November 17, 2022 Filing 7 CERTIFICATE OF SERVICE by Windmill Wellness Ranch, L.L.C. to USAA EBA Group Medical Care Plan (O'Neil, Paul)
November 17, 2022 Filing 6 SUMMONS Returned Executed by Windmill Wellness Ranch, L.L.C.. United Services Automobile Association served on 11/15/2022, answer due 12/6/2022. (O'Neil, Paul) Modified on 11/17/2022, to edit text (mgr).
November 17, 2022 Set Deadlines: United Services Automobile Association answer due 12/6/2022. (mgr)
November 9, 2022 Filing 5 Summons Issued as to United Services Automobile Association. (mgr)
November 9, 2022 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS by Windmill Wellness Ranch, L.L.C.. (O'Neil, Paul)
November 4, 2022 Filing 3 Summons Issued as to United Services Automobile Association. (mgr)
November 3, 2022 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Windmill Wellness Ranch, L.L.C.. (O'Neil, Paul)
November 3, 2022 Filing 1 COMPLAINT ( Filing fee $ 402 receipt number ATXWDC-16714666), filed by Windmill Wellness Ranch, L.L.C.. (Attachments: #1 Civil Cover Sheet)(O'Neil, Paul)
November 3, 2022 If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (mgr)
November 3, 2022 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. (mgr)

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Plaintiff: Windmill Wellness Ranch, L.L.C.
Represented By: Paul Matthew O'Neil
Represented By: Thomas D. Hollaway
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Defendant: United Services Automobile Association
Represented By: Lauren Whiting
Represented By: Michael E. Holzapfel
Represented By: David Grant Crooks
Represented By: Lauren Hope Whiting
Represented By: Benjamin H. Mccoy
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