Penn-America Insurance Company v. Zenith Security, LLC et al
Plaintiff: Penn-America Insurance Company
Defendant: Zenith Security, LLC, Lumio HX, Inc., as Successor in Interest to Zenith Solar, LLC, Goodleap, LLC d/b/a Loanpal, Seth Cummings and Ricky Williams
Case Number: 7:2022cv00157
Filed: July 12, 2022
Court: US District Court for the Western District of Texas
Presiding Judge: David Counts
Referring Judge: Ronald C Griffin
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Declaratory Judgement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 12, 2023 Filing 45 FINAL JUDGMENT in favor of Plaintiff against Defendant. Signed by Judge David Counts. (kg)
October 12, 2023 Opinion or Order Filing 44 ORDER ADOPTING REPORT AND RECOMMENDATIONS for #43 Report and Recommendations. Signed by Judge David Counts. (kg)
September 19, 2023 Filing 43 REPORT AND RECOMMENDATIONS re #38 Motion for Default Judgment, filed by Penn-America Insurance Company. Signed by Judge Ronald C. Griffin. (kg)
August 22, 2023 Filing 42 BRIEF regarding #38 MOTION for Default Judgment against Seth Cummings and Ricky Williams by Penn-America Insurance Company. (Attachments: #1 Appendix, #2 App Exhibits)(Sudbury, Gregory)
August 11, 2023 Filing 41 FINAL JUDGMENT, Zenith Security, LLC, Goodleap, LLC d/b/a Loanpal and Lumio HX, Inc., as Successor in Interest to Zenith Solar, LLC terminated. Attorney Jeremy M. Masten and James Robert Ray, III terminated. Signed by Judge David Counts. (kg)
August 11, 2023 Opinion or Order Filing 40 ORDER re #38 MOTION for Default Judgment against Seth Cummings and Ricky Williams filed by Penn-America Insurance Company, Set Motion Hearing for #38 MOTION for Default Judgment against Seth Cummings and Ricky Williams (Motion Hearing set for 8/23/2023 10:00 AM in Midland before Judge Ronald C. Griffin). Signed by Judge Ronald C. Griffin. (kg)
August 10, 2023 Filing 39 STIPULATION of Dismissal without Prejudice by Penn-America Insurance Company. (Winslett, Gregory)
August 10, 2023 Filing 38 MOTION for Default Judgment against Seth Cummings and Ricky Williams by Penn-America Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order). Motions referred to Judge Ronald C. Griffin. (Winslett, Gregory)
March 13, 2023 Opinion or Order Filing 37 SCHEDULING ORDER: Pretrial Conference set for 4/12/2024 10:30 AM in Midland before Judge David Counts, Jury Selection/Trial set for 5/6/2024 08:00 AM in Midland before Judge David Counts, Amended Pleadings due by 5/26/2023, Discovery due by 10/31/2023, Joinder of Parties due by 5/26/2023, Motions due by 11/30/2023. Signed by Judge David Counts. (kg)
March 9, 2023 Filing 36 Scheduling Recommendations by Penn-America Insurance Company. (Smith, Richard)
February 16, 2023 Filing 35 RESPONSE to #31 Order to Show Cause by Penn-America Insurance Company. (Attachments: #1 Exhibit A)(Winslett, Gregory)
February 15, 2023 Filing 34 ADVISORY TO THE COURT by Lumio HX, Inc., as Successor in Interest to Zenith Solar, LLC . (Masten, Jeremy)
February 15, 2023 Filing 33 ADVISORY TO THE COURT by Penn-America Insurance Company . (Winslett, Gregory)
February 10, 2023 Filing 32 Clerk's ENTRY OF DEFAULT as to Seth Cummings, Ricky Williams (kg)
February 10, 2023 Opinion or Order Filing 31 ORDER TO SHOW CAUSE as to Penn-America Insurance Company. Show Cause Response due by 2/24/2023. Signed by Judge Ronald C. Griffin. (kg)
February 9, 2023 Opinion or Order Filing 30 ORDER AND ADVISORY. Signed by Judge David Counts. (kg)
February 9, 2023 Opinion or Order Filing 29 Order for Scheduling Recommendations/Proposed Scheduling Order. Scheduling recommendations/proposed scheduling order due to the Court within thirty (30) days from the date of this Order. Signed by Judge David Counts. (kg)
December 9, 2022 Filing 28 Defendant Zenith Security LLC's ANSWER to #1 Complaint, with Jury Demand by Zenith Security, LLC.(Masten, Jeremy)
December 9, 2022 Filing 27 Defendant Lumio HX Inc.'s ANSWER to #1 Complaint, with Jury Demand by Lumio HX, Inc., as Successor in Interest to Zenith Solar, LLC.(Masten, Jeremy)
November 28, 2022 Filing 25 RESPONSE to #13 Order to Show Cause by Lumio HX, Inc., as Successor in Interest to Zenith Solar, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Masten, Jeremy)
November 28, 2022 Filing 24 SUMMONS Returned Executed by Penn-America Insurance Company. Zenith Security, LLC served on 11/22/2022, answer due 12/13/2022. (Winslett, Gregory)
November 22, 2022 Filing 22 Summons Issued as to Goodleap, LLC d/b/a Loanpal, Lumio HX, Inc., as Successor in Interest to Zenith Solar, LLC, Zenith Security, LLC. (kg)
November 21, 2022 Filing 23 Certified Mail Receipt of #17 Certified Mailing as to Lumio HX, Inc. (kg)
November 21, 2022 Filing 21 REQUEST FOR ISSUANCE OF SUMMONS by Penn-America Insurance Company. (Winslett, Gregory)
November 14, 2022 Filing 20 Certified Mail Receipt of #18 Certified Mailing as to Seth Cummings (kg)
November 8, 2022 Filing 19 Certified Mailing of #15 Order to Show Cause as to Ricky Williams (kg)
November 8, 2022 Filing 18 Certified Mailing of #14 Order to Show Cause as to Seth Cummings (kg)
November 8, 2022 Filing 17 Certified Mailing of #13 Order to Show Cause as to Lumio HX, Inc. (kg)
November 8, 2022 Opinion or Order Filing 16 ORDER TO REQUIRE SERVICE. Signed by Judge David Counts. (kg)
November 8, 2022 Opinion or Order Filing 15 ORDER TO SHOW CAUSE as to Ricky Williams. Show Cause Response due by 11/28/2022. Signed by Judge David Counts. (kg)
November 8, 2022 Opinion or Order Filing 14 ORDER TO SHOW CAUSE as to Seth Cummings. Show Cause Response due by 11/28/2022. Signed by Judge David Counts. (kg)
November 8, 2022 Opinion or Order Filing 13 ORDER TO SHOW CAUSE as to Lumio HX, Inc., as Successor in Interest to Zenith Solar, LLC. Show Cause Response due by 11/28/2022. Signed by Judge David Counts. (kg)
October 13, 2022 Filing 12 ANSWER to #1 Complaint, with Jury Demand by Goodleap, LLC d/b/a Loanpal.(Ray, James)
October 3, 2022 Filing 11 Unopposed MOTION for Extension of Time to File Answer by Goodleap, LLC d/b/a Loanpal.. Motions referred to Judge Ronald C. Griffin. (Ray, James)
October 3, 2022 Opinion or Order Text Order GRANTING #11 Goodleap, LLC d/b/a Loanpal's Motion for Extension of Time to Answer. As requested, Goodleap, LLC d/b/a Loanpal shall have until October 17, 2022 to filed its Answer. It is so ORDERED. Entered by Judge Ronald C. Griffin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af3)
October 3, 2022 Set/Reset Deadlines: Goodleap, LLC d/b/a Loanpal answer due 10/17/2022. (kg)
September 22, 2022 Filing 10 Summons Issued as to Zenith Security, LLC. (kg)
September 22, 2022 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS by Penn-America Insurance Company. (Winslett, Gregory)
September 22, 2022 Filing 8 SUMMONS Returned Executed by Penn-America Insurance Company. Ricky Williams served on 9/13/2022, answer due 10/4/2022. (Winslett, Gregory)
September 22, 2022 Filing 7 SUMMONS Returned Executed by Penn-America Insurance Company. Seth Cummings served on 9/14/2022, answer due 10/5/2022. (Winslett, Gregory)
September 22, 2022 Filing 6 SUMMONS Returned Executed by Penn-America Insurance Company. Lumio HX, Inc., as Successor in Interest to Zenith Solar, LLC served on 9/12/2022, answer due 10/3/2022. (Winslett, Gregory)
September 22, 2022 Filing 5 SUMMONS Returned Executed by Penn-America Insurance Company. Goodleap, LLC d/b/a Loanpal served on 9/12/2022, answer due 10/3/2022. (Winslett, Gregory)
September 8, 2022 Filing 4 Summons Issued as to Seth Cummings, Goodleap, LLC d/b/a Loanpal, Lumio HX, Inc., as Successor in Interest to Zenith Solar, LLC, Ricky Williams, Zenith Security, LLC. (kg)
September 8, 2022 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS by Penn-America Insurance Company. (Winslett, Gregory)
July 18, 2022 Filing 2 Certificate of Interested Parties by Penn-America Insurance Company. (Smith, Richard)
July 12, 2022 Filing 1 COMPLAINT for Declaratory Relief ( Filing fee $ 402 receipt number 0542-16245950). No Summons requested at this time, filed by Penn-America Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Winslett, Gregory)
July 12, 2022 Case assigned to Judge David Counts and Judge Ronald C. Griffin. 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. (kg)

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Plaintiff: Penn-America Insurance Company
Represented By: Richard L. Smith, Jr.
Represented By: Gregory K. Winslett
Represented By: Gregory M. Sudbury
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Defendant: Zenith Security, LLC
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Defendant: Lumio HX, Inc., as Successor in Interest to Zenith Solar, LLC
Represented By: Jeremy M. Masten
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Defendant: Goodleap, LLC d/b/a Loanpal
Represented By: James Robert Ray, III
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Defendant: Seth Cummings
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Defendant: Ricky Williams
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