Carswell v. State Farm Lloyds
| Texas Northern District Court | |
| Judge: | John Mcbryde |
| Case #: | 4:17-cv-00149 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1441 Notice of Removal |
| Case Filed: | Feb 15, 2017 |
| Terminated: | Mar 08, 2018 |
| Last checked: Monday Aug 14, 2017 3:44 AM CDT |
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Defendant
State Farm Lloyds
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Represented By
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Plaintiff
Leona G Carswell
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Represented By
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GPO
Dec 06 2017
MEMORANDUM OPINION AND ORDER: The court ORDERS that defendant's 40 motion for summary judgment be, and is hereby, granted in part; that plaintiff take nothing on her claims against defendant for violations of the Texas Insurance Code, DTPA, and bad faith; and, that such claims be, and are hereby, dismissed. The court further ORDERS that the motion be, and is hereby, otherwise denied. (Ordered by Judge John McBryde on 12/6/2017) (tln) |
| Docket last updated: 2 hours ago |
| Thursday, March 08, 2018 | ||
| 91 | 91
order
Judgment
Thu 03/08 2:17 PM
FINAL JUDGMENT: In accordance with the court's rulings during the telephone conference/hearing between the court and the attorneys earlier this date, the court ORDERS, ADJUDGES, and DECREES that the claims of plaintiff, Leona G. Carswell, against defendant, State Farm Lloyds, be, and are hereby, dismissed with prejudice. The court further ORDERS, ADJUDGES, and DECREES that each party bear the court costs incurred by that party. (Ordered by Judge John McBryde on 3/8/2018) (tln) |
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| 90 | 90
minutes
Telephone Conference
Thu 03/08 2:14 PM
Minute Entry for proceedings held before Judge John McBryde: Telephone conference re: Notice of Settlement held on 3/8/2018. Per the parties' agreement, the court dismissed the action with prejudice, with the costs of court to be borne by each party who incurred same. Conference concluded. Attorney Appearances: Plaintiff - M.P. Wright; Defense - Armando de Diego. (Court Reporter: Debbie Saenz) (No exhibits) Time in Court - :06. (tln) |
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| 89 | 89
misc
Transcript
Thu 03/08 10:43 AM
Notice of Filing of Official Electronic Transcript of Pretrial Conference Proceedings held on 3/7/18 before Judge John McBryde. Court Reporter/Transcriber Debbie Saenz, Telephone number 817.850.6661 or debbie.saenz@yahoo.com. Parties are notified of their[LINK:duty to review] the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction of personal identifiers under MO 61 is necessary, file a[LINK:Redaction Request - Transcript] within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (74 pages) Redaction Request due 3/29/2018. Redacted Transcript Deadline set for 4/9/2018. Release of Transcript Restriction set for 6/6/2018. (dgs) |
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| Wednesday, March 07, 2018 | ||
| 88 | 88
minutes
Miscellaneous Hearing
Thu 03/08 9:06 AM
Minute Entry for proceedings held before Judge John McBryde: Hearing in chambers held on 3/7/2018. Attorney Appearances: Plaintiff - Paul Wright; Defense - Armando De Diego. (Court Reporter: Debbie Saenz) (No exhibits) Time in Court - 1:31. (bdb) |
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| 87 | 87
2
pgs
order
Order
Wed 03/07 5:27 PM
ORDER: Pltfs exhs 25,26,27,28,29,35,37,38,42,43,45,46,47,48,49,50,51,52 and 55 withdrawn. Deft's objections to pltfs exh 30 withdrawn. Deft's objections to pltfs exhs 31,32,33,34,36,39,40,41,44,53 and 54 sustained. The court is withholding a ruling on deft's objection to pltfs exh 56 until further date. Pltfs objections to defts exh 66,67,137,138-229,230-292,293-330,331-403 and 404-920 overruled. Pltf file by 8:30am Mar 8 2018 (1) a witness list that complies with paragraph 9 of the Order Setting Schedule signed May 24, 2017, (2) an exhibit list, and (3) a document setting forth description of pltf's claims, with specificity, including a description of each respect in which plaintiff claims that State Farm Lloyds breached its policy contract, how each of those breaches caused damages to plaintiff, and the amount of such damages. Deft file by 8:30 am Mar 8 2018, (1) a document setting forth a description of deft's "concealment or fraud" claim, with specificity, and (2) an exhibit list. (Ordered by Judge John McBryde on 3/7/2018) (wrb) |
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| 86 | 86
20
pgs
order
Order
Wed 03/07 11:49 AM
SECOND AMENDED PRETRIAL ORDER: The court ORDERS the foregoing document, titled "Second Amended Pretrial Order," received by the court on March 5, 2018, to be filed in the above-captioned action for the purpose of putting of record the list of facts established by pleadings, stipulations, or admissions, which are set forth on pages 3 through 13 of such document. However, the court is not otherwise accepting such document as a pretrial order inasmuch as it does not in other respects comply with written and verbal instructions given by the court to the parties relative to acceptable contents of a pretrial order. (Ordered by Judge John McBryde on 3/7/2018) (bdb) |
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| 85 | 85
3
pgs
order
Order
Wed 03/07 11:24 AM
ORDER RE PURPORTED EXHIBITS: The court ORDERS that if plaintiff expects the court to rule on objections to the trial exhibits, as set forth in the February 12, 2018 Joint Exhibit List, plaintiff, through her counsel, shall deliver to the court's Chambers by 12:30 p.m. on this date, exact copies of all exhibits to which objections have been made by either party, as set forth in such Joint Exhibit List, and stacked in the sequence in which they appear on the list, appropriately identified by t~ial exhibit numbers matching those assigned to the items in the Joint Exhibit List, with each exhibit stapled separate from each of the others. (Ordered by Judge John McBryde on 3/7/2018) (bdb) |
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| 84 | 84
3
pgs
order
Order Unfiling Pleading
Wed 03/07 11:04 AM
ORDER UNFILING MOTION: Came on for consideration the82 motion of plaintiff, Leona G. Carswell, titled "Plaintiff's Motion to Allow Plaintiff's Disputed Facts." The motion has attached to it seventy-five pages of unidentified papers. Pursuant to Rule LR 7.1(i) of the Local Civil Rules for the United States District Court for the Northern District of Texas, such items are required to be must be assembled as a self-contained document, separate from the motion, and bear page numbers in the lower, right-hand corner of each page. Further, section E of the Status Report Order signed in this action on April 24, 2017, provides, in pertinent part, that (1) evidentiary items shall be filed in a separate volume, (2) such separate volume shall have appropriate index tabs and an appropriate table of contents, (3) the pages shall be consecutively numbered, and (4) a collection of items more than fifty pages shall be spiral-bound on the side. In addition to failing to comply with the filing requirements already identified in this order, plaintiff also failed to comply with Rule LR 5.1(b) of the Local civil Rules, which requires an original and judge's copy of each document submitted for filing. Although plaintiff submitted a judge's copy of the above-described motion, the judge's copy does not bear any of the attachments that were included with the original. Therefore, the court ORDERS that Plaintiff's Motion to Allow Plaintiff's Disputed Facts be, and is hereby, unfiled and stricken from the record in the above-captioned action. (Ordered by Judge John McBryde on 3/7/2018) (tln) |
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| 83 | 83
2
pgs
order
Order on Motion in Limine
Wed 03/07 10:38 AM
ORDER granting76 Motion in Limine, as to each and every subject mentioned or discussed in any of the nine numbered paragraphs therein. Therefore, the court ORDERS that neither plaintiff, Leona G. Carswell, nor counsel for plaintiff, nor any witness who testifies at the behest of plaintiff in the trial of the above-captioned action, will make any mention, either directly or indirectly, in the hearing of the jury panel from which the jury is to be selected, or in the hearing of the jury, of anything concerning, bearing on, or pertaining to any subject set forth in any of the nine numbered paragraphs of such motion unless counsel for plaintiff first obtains, outside the hearing of prospective jurors or the jurors ultimately selected to participate in the trial of this case, a ruling from the court authorizing such a mention. The court further orders that plaintiff and her counsel shall instruct each witness who is to testify on behalf of plaintiff that the witness is not to make any mention, directly or indirectly, while testifying, of any of such subjects unless the court, outside the hearing of the jurors, has first authorized the witness to do so. The court further ORDERS that counsel for plaintiff, unless first authorized by the court, outside the hearing of the jury, to do so, shall not ask a question of any witness called by either party that would be calculated to cause the witness to give an answer concerning, bearing on, or pertaining to any of such subjects. The court informs the parties that violation of this order in any respect could result in severe sanctions. (Ordered by Judge John McBryde on 3/7/2018) (tln) |
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| 82 | 82
motion
Miscellaneous Relief
Wed 03/07 9:22 AM
***UNFILED PER84 ORDER***MOTION TO ALLOW PLAINTIFF'S DISPUTED FACTS filed by Leona G Carswell. (tln) Modified text on 3/7/2018 (tln) |
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| 81 | 81
respm
Response/Objection
Wed 03/07 9:15 AM
RESPONSE filed by Leona G Carswell re:76 MOTION in Limine. (tln) |
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| Tuesday, March 06, 2018 | ||
| 80 | 80
notice
Notice (Other)
Tue 03/06 4:25 PM
NOTICE to the Court re:76 MOTION in Limine filed by State Farm Lloyds. (bdb) |
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| 79 | 79
misc
Transcript
Tue 03/06 2:28 PM
Notice of Filing of Official Electronic Transcript of Pretrial Conference Proceedings held on 2/5/18 before Judge John McBryde. Court Reporter/Transcriber Debbie Saenz, Telephone number 817.850.6661 or debbie.saenz@yahoo.com. Parties are notified of their[LINK:duty to review] the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction of personal identifiers under MO 61 is necessary, file a[LINK:Redaction Request - Transcript] within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (42 pages) Redaction Request due 3/27/2018. Redacted Transcript Deadline set for 4/6/2018. Release of Transcript Restriction set for 6/4/2018. (dgs) |
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| 78 | 78
1
pgs
order
Order Setting Deadline/Hearing
Tue 03/06 2:11 PM
ORDER: Because of a scheduling conflict, the court must reset the time of the hearing now scheduled for 2:00 p.m. on March 7, 2018, for 1:00 p.m. on March 7, 2018. Therefore, the court ORDERS that such hearing be, and is hereby, reset for 1:00 p.m. on March 7, 2018, before the undersigned, in Chambers. All deadlines previously set by the court relative to this action remain in full force and effect. The court further ORDERS that lead counsel for each party be present at such time, date, and place. (Ordered by Judge John McBryde on 3/6/2018) (tln) |
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| 77 | 77
4
pgs
order
Order Setting Deadline/Hearing
Tue 03/06 11:43 AM
ORDER RE EXHIBITS AND OTHER PRETRIAL MATTERS: The court ORDERS plaintiff, through plaintiff's counsel, to deliver to the court's Chambers by 10:00 a.m. on Wednesday, March 7, 2018, copies of all exhibits to which objections have been made by either party, and that the parties appear before the court, in the conference room of the court's Chambers, at 2:00 p.m. on March 7, 2018, for a hearing, at which time, date, and place lead counsel for each party is to be present. The court further ORDERS that counsel for defendant promptly have a person-to-person conference with counsel for plaintiff relative to each of the subjects of Defendant's motion in limine, and is to file by 4:00 p.m. on the date of the signing of this order a document indicating which of the subjects of the motion have been agreed upon by the parties and which need to be resolved by the court. The court plans to rule on those subjects of the motion that must be resolved by the court at the hearing to be conducted in this action at 2:00 p.m. on March 7, 2018. The court further ORDERS that each counsel make known to the court reporter for this court, that he wishes a transcript of the pretrial conference, prepared and filed on an expedited basis, so that the record will clearly reflect the discussions had at the pretrial conference concerning the court's expectations of the parties relative to the subjects of the February 5, 2018 order. The court ORDERS the parties to place their transcript order required above promptly. (see order for specifics) (Ordered by Judge John McBryde on 3/6/2018) (tln) |
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| Monday, March 05, 2018 | ||
| 76 | 76
motion
In Limine
Mon 03/05 4:42 PM
MOTION in Limine filed by State Farm Lloyds. (tln) |
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| 75 | 75
trial
Witness List
Mon 03/05 4:41 PM
Witness List by State Farm Lloyds. (tln) |
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| 74 | 74
trial
Proposed Voir Dire
Mon 03/05 4:39 PM
Proposed Voir Dire by State Farm Lloyds. (tln) |
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| 73 | 73
trial
Proposed Jury Charge/Instructions
Mon 03/05 4:38 PM
Proposed Jury Verdict Form filed by Leona G Carswell, State Farm Lloyds. (tln) |
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| Thursday, March 01, 2018 | ||
| 72 | 72
3
pgs
order
Order Unfiling Pleading
Fri 03/02 8:49 AM
ORDER Unfiling71 Proposed Jury Charge/Instructions filed by State Farm Lloyds due to the following deficiency: The document is not signed by counsel for plaintiff, Leona G. Carswell, as required by the court's February 5, 2018 order. More importantly, it is simply not an appropriate verdict form. (Ordered by Judge John McBryde on 3/1/2018) (bdb) |
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| 71 | 71
trial
Proposed Jury Charge/Instructions
Thu 03/01 3:29 PM
PROPOSED JURY VERDICT FORM filed by State Farm Lloyds. (tln) |
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