1:23-CV-00174
05/03/2023
Pending - Other Pending
Contract - Insurance
Michael J. Truncale
Nisa Pham
DTAM-LE 2
F/V Lucky Timmy
XL Specialty Insurance Company
Navigators Insurance Company
Diers and Stark, Inc.
Cory Hargis
Harry Stark
Amanda Hoffman
John Pat Parsons
Robert Myrick Browning, Jr
William Daniel Abbott
Marc J Wojciechowski
(#17) ORDERED that Defendants XL Specialty Insurance Company and Navigators Insurance Companys Unopposed Motion for Extension of Time [Dkt. 16] is hereby GRANTED. The deadline for Defendants to respond to Plaintiffs Motion to Remand [Dkt. 11] and Motion for Award of Costs and Attorneys Fees [Dkt. 12] is August 7, 2023. Signed by District Judge Michael J. Truncale on 6/6/2023. (bjc, ) (Entered: 06/06/2023)
Proposed Order Proposed Order on Motion for Extension
(#16) Unopposed MOTION for Extension of Time to File Response/Reply as to #12 MOTION for Attorney Fees , #11 MOTION to Remand by Amanda Hoffman, Navigators Insurance Company, XL Specialty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order Proposed Order on Motion for Extension)(Browning, Robert) (Entered: 06/01/2023)
Text of Proposed Order
Exhibit 1
(#12) MOTION for Attorney Fees by Nisa Pham. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Parsons, John) (Entered: 05/18/2023)
Exhibit 3
Exhibit 2
Exhibit 1
Exhibit K - Originating Court Information
Exhibit J - List of All Counsel for All Parties
Exhibit H - Certified Case Docket Sheet
Exhibit G - Amanda Hoffman's Executed Declaration
Exhibit E - Removal Defendants' Answer
Exhibit D - Forum Defendants' Answer
Exhibit C - Plaintiffs' Original Petition
Exhibit A - Civil & Supplemental Cover Sheets
(#1) NOTICE OF REMOVAL by XL Specialty Insurance Company, Navigators Insurance Company from 60th Judicial District Court of Jefferson County, case number 23DCCV0159. (Filing fee $ 402 receipt number ATXEDC-9481417), filed by XL Specialty Insurance Company, Navigators Insurance Company. (Attachments: #1 Exhibit A - Civil & Supplemental Cover Sheets, #2 Exhibit B - Index of Matters Being Filed, #3 Exhibit C - Plaintiffs' Original Petition, #4 Exhibit D - Forum Defendants' Answer, #5 Exhibit E - Removal Defendants' Answer, #6 Exhibit F - Harry Stark's Executed Declaration, #7 Exhibit G - Amanda Hoffman's Executed Declaration, #8 Exhibit H - Certified Case Docket Sheet, #9 Exhibit I - Proof of Service, #10 Exhibit J - List of All Counsel for All Parties, #11 Exhibit K - Originating Court Information)(Abbott, William) (Entered: 05/03/2023)
Docket(#17) ORDERED that Defendants XL Specialty Insurance Company and Navigators Insurance Companys Unopposed Motion for Extension of Time [Dkt. 16] is hereby GRANTED. The deadline for Defendants to respond to Plaintiffs Motion to Remand [Dkt. 11] and Motion for Award of Costs and Attorneys Fees [Dkt. 12] is August 7, 2023. Signed by District Judge Michael J. Truncale on 6/6/2023. (bjc, ) (Entered: 06/06/2023)
[-] Read LessDocket(#16) Unopposed MOTION for Extension of Time to File Response/Reply as to #12 MOTION for Attorney Fees , #11 MOTION to Remand by Amanda Hoffman, Navigators Insurance Company, XL Specialty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order Proposed Order on Motion for Extension)(Browning, Robert) (Entered: 06/01/2023)
[-] Read LessDocket(#15) NOTICE by Nisa Pham Notice of Plaintiffs' Insurance Code Demand (Parsons, John) (Entered: 05/22/2023)
[-] Read LessDocket(#14) REPORT of Rule 26(f) Planning Meeting. (Parsons, John) (Entered: 05/22/2023)
[-] Read LessDocket(#13) NOTICE of Discovery Disclosure by Nisa Pham Plts Initial Mandatory Disclosures (Parsons, John) (Entered: 05/19/2023)
[-] Read LessDocket(#12) MOTION for Attorney Fees by Nisa Pham. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Parsons, John) (Entered: 05/18/2023)
[-] Read LessDocket(#11) MOTION to Remand by Nisa Pham. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Parsons, John) (Entered: 05/18/2023)
[-] Read LessDocket(#10) ORDER granting #7 Unopposed Verified Plea in Abatement. This case is abated until the 60th day after pltf provides defts with written notice that complies with Texas Insurance Code 541.154. Pltf is directed to provide this notice within 14 days. The parties are directed to file a joint status report 61 days after pltf provide defts with the notice. The Case Management Conference set for 6/2/2023 is CANCELLED. Signed by District Judge Michael J. Truncale on 5/17/23. (tkd, ) (Entered: 05/18/2023)
[-] Read LessDocket***FILED IN ERROR. Please ignore doc #9, Motion to Remand and for Attorney Fees. Attorney must re-file to comply with local rules regarding multi-part motions. (tkd, ) (Entered: 05/17/2023)
[-] Read LessDocket(#9) FILED IN ERROR. Please ignore. MOTION to Remand and Award of Costs and Attorney's Fees by Nisa Pham. (Attachments: #1 Exhibit Insurance Denial Letter, #2 Exhibit Insurance Investigation Report, #3 Exhibit Plaintiffs' Report, #4 Exhibit Plt Attorney's Aff for Atty Fees, #5 Text of Proposed Order Proposed Order Granting Remand)(Parsons, John) Modified on 5/17/2023 (tkd, ). (Entered: 05/16/2023)
[-] Read LessDocket(#7) Unopposed Verified Plea in Abatement by Navigators Insurance Company, XL Specialty Insurance Company (Attachments: #1 Affidavit of William D. Abbott, #2 Text of Proposed Order Granting) (Abbott, William) Modified on 5/12/2023 (tkd, ). (Entered: 05/12/2023)
[-] Read LessDocket(#6) ORDER directing the parties to conduct a Rule 26(f) attorney conference by 5/23/2023. Rule 16 Case Management Conference set for 6/14/2023 at 10:00 AM before District Judge Michael J. Truncale. Signed by District Judge Michael J. Truncale on 5/9/23. (tkd, ) (Entered: 05/09/2023)
[-] Read LessDocketIn accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (tkd, ) (Entered: 05/04/2023)
[-] Read LessDocketCase assigned to District Judge Michael J. Truncale. (tkd, ) (Entered: 05/04/2023)
[-] Read LessDocket(#2) NOTICE of Attorney Appearance by Marc J Wojciechowski on behalf of Diers and Stark, Inc., Cory Hargis, Harry Stark (Wojciechowski, Marc) (Entered: 05/04/2023)
[-] Read LessDocket(#5) ORIGINAL ANSWER (Filed in State Court) to #3 Original Petition, filed by Amanda Hoffman, Navigators Insurance Company, XL Specialty Insurance Company.(tkd, ) (Entered: 05/04/2023)
[-] Read LessDocket(#4) ORIGINAL ANSWER (Filed in State Court) to #3 Original Petition, filed by Diers and Stark, Inc., Cory Hargis, Harry Stark.(tkd, ) (Entered: 05/04/2023)
[-] Read LessDocket(#3) ORIGINAL PETITION (Filed in State Court) against Diers and Stark, Inc., Cory Hargis, Amanda Hoffman, Navigators Insurance Company, Harry Stark, XL Specialty Insurance Company, filed by F/V Lucky Timmy, DTAM-LE 2, Nisa Pham.(tkd, ) (Entered: 05/04/2023)
[-] Read LessDocketDEMAND for Trial by Jury by DTAM-LE 2, F/V Lucky Timmy, Nisa Pham. (tkd, ) (Entered: 05/04/2023)
[-] Read LessDocket(#1) NOTICE OF REMOVAL by XL Specialty Insurance Company, Navigators Insurance Company from 60th Judicial District Court of Jefferson County, case number 23DCCV0159. (Filing fee $ 402 receipt number ATXEDC-9481417), filed by XL Specialty Insurance Company, Navigators Insurance Company. (Attachments: #1 Exhibit A - Civil & Supplemental Cover Sheets, #2 Exhibit B - Index of Matters Being Filed, #3 Exhibit C - Plaintiffs' Original Petition, #4 Exhibit D - Forum Defendants' Answer, #5 Exhibit E - Removal Defendants' Answer, #6 Exhibit F - Harry Stark's Executed Declaration, #7 Exhibit G - Amanda Hoffman's Executed Declaration, #8 Exhibit H - Certified Case Docket Sheet, #9 Exhibit I - Proof of Service, #10 Exhibit J - List of All Counsel for All Parties, #11 Exhibit K - Originating Court Information)(Abbott, William) (Entered: 05/03/2023)
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