Lopez v. Allstate Texas Lloyds
| Texas Northern District Court | |
| Judge: | Reed C O'Connor |
| Referred: | Hal R Ray, Jr |
| Case #: | 4:17-cv-00152 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1441 Petition for Removal- Breach of Contract |
| Case Filed: | Feb 17, 2017 |
| Terminated: | Jun 21, 2018 |
| Last checked: Wednesday Aug 16, 2017 4:53 AM CDT |
|
Defendant
Allstate Texas Lloyds
|
Represented By
|
|
Plaintiff
Jaime Lopez
|
Represented By
|
GPO
May 23 2018
as to Plaintiff's breach of contract claims and grant the Motion as to Plaintiff's extra-contractual claims. (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/23/2018) (plp)FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The undersigned RECOMMENDS that Judge O'Connor GRANT in part and DENY in part summary judgment to Defendant. Specifically, he should deny Defendant's Motion |
|
|
GPO
Jun 08 2018
tiff's extra-contractual claims are DISMISSED. (Ordered by Judge Reed C. O'Connor on 6/8/2018) (skg)ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE 42: Accordingly, it is ORDERED that the Defendant's Motion for Summary Judgment (ECF No. 32) is GRANTED in part and DENIED in part, and Plain |
| Docket last updated: 04/24/2024 11:59 PM CDT |
| Thursday, June 21, 2018 | ||
| 44 | 44
misc
Stipulation
Thu 06/21 4:37 PM
Agreed STIPULATION OF DISMISSAL With Prejudice by Allstate Texas Lloyds. (Quiroz, Mariah) |
|
|
Att: 1
Proposed Order of Dismissal With Prejudice
|
||
|
utility
Terminate Civil Case (Public Entry)
Thu 06/21 4:46 PM
Civil Case Terminated. (wrb) |
||
| Friday, June 08, 2018 | ||
| 43 | 43
1
pgs
order
Order Accepting/Adopting Findings and Recommendations
Fri 06/08 3:52 PM
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE42 : Accordingly, it is ORDERED that the Defendant's Motion for Summary Judgment (ECF No.32 ) is GRANTED in part and DENIED in part, and Plaintiff's extra-contractual claims are DISMISSED. (Ordered by Judge Reed C. O'Connor on 6/8/2018) (skg) |
|
| Wednesday, May 23, 2018 | ||
| 42 | 42
motion
Findings and Recommendations
Wed 05/23 10:58 AM
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The undersigned RECOMMENDS that Judge O'Connor GRANT in part and DENY in part summary judgment to Defendant. Specifically, he should deny Defendant's Motion as to Plaintiff's breach of contract claims and grant the Motion as to Plaintiff's extra-contractual claims. (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/23/2018) (plp) |
|
| Friday, April 20, 2018 | ||
| 41 | 41
respm
Reply
Fri 04/20 12:03 PM
REPLY filed by Allstate Texas Lloyds re:35 MOTION to Strike Testimony of Fred Lupfer (Quiroz, Mariah) |
|
| 40 | 40
respm
Reply
Fri 04/20 12:01 PM
REPLY filed by Allstate Texas Lloyds re:32 MOTION for Summary Judgment (Quiroz, Mariah) |
|
| Wednesday, April 11, 2018 | ||
| 39 | 39
respm
Response/Objection
Wed 04/11 4:10 PM
RESPONSE filed by Jaime Lopez re:32 MOTION for Summary Judgment (Hall, Heather) |
|
|
Att: 1
Brief In Support,
|
||
|
Att: 2
Appendix to Response,
|
||
|
Att: 3
Exhibit(s),
|
||
|
Att: 4
Exhibit(s),
|
||
|
Att: 5
Exhibit(s),
|
||
|
Att: 6
Exhibit(s),
|
||
|
Att: 7
Proposed Order
|
||
| 38 | 38
respm
Response/Objection
Wed 04/11 3:58 PM
RESPONSE filed by Jaime Lopez re:35 MOTION to Strike Testimony of Fred Lupfer (Hall, Heather) |
|
|
Att: 1
Brief in Support,
|
||
|
Att: 2
Appendix,
|
||
|
Att: 3
Exhibit(s),
|
||
|
Att: 4
Exhibit(s),
|
||
|
Att: 5
Exhibit(s),
|
||
|
Att: 6
Proposed Order
|
||
| Wednesday, March 21, 2018 | ||
| 37 | 37
respm
Appendix in Support
Wed 03/21 11:16 AM
Appendix in Support filed by Allstate Texas Lloyds re36 Brief/Memorandum in Support of Motion,35 MOTION to Strike Testimony of Fred Lupfer (Quiroz, Mariah) |
|
|
Att: 1
Exhibit(s) Plaintiff's Designation of Expert Witnesses,
|
||
|
Att: 2
Exhibit(s) Deposition of Fred Lupfer,
|
||
|
Att: 3
Affidavit(s) of Mariah B. Quiroz,
|
||
|
Att: 4
Exhibit(s) Plaintiff's appraisal letter,
|
||
|
Att: 5
Exhibit(s) Allstate's appraisal response
|
||
| 36 | 36
respm
Brief/Memorandum In Support
Wed 03/21 11:14 AM
Brief/Memorandum in Support filed by Allstate Texas Lloyds re35 MOTION to Strike Testimony of Fred Lupfer (Quiroz, Mariah) |
|
| 35 | 35
motion
Strike
Wed 03/21 11:11 AM
MOTION to Strike Testimony of Fred Lupfer filed by Allstate Texas Lloyds (Quiroz, Mariah) |
|
|
Att: 1
Proposed Order excluding testimony of Fred Lupfer
|
||
| 34 | 34
respm
Appendix in Support
Wed 03/21 11:00 AM
Appendix in Support filed by Allstate Texas Lloyds re33 Brief/Memorandum in Support of Motion,32 MOTION for Summary Judgment (Quiroz, Mariah) |
|
|
Att: 1
Exhibit(s) Allstate policy,
|
||
|
Att: 2
Exhibit(s) Jaime Lopez deposition,
|
||
|
Att: 3
Exhibit(s) Fred Lupfer deposition taken in Richard Cramer v. Allstate,
|
||
|
Att: 4
Exhibit(s) Fred Lupfer deposition taken in Jaime Lopez v. Allstate,
|
||
|
Att: 5
Affidavit(s) of Steve Mielke,
|
||
|
Att: 6
Exhibit(s) Allstate's estimate and photos,
|
||
|
Att: 7
Exhibit(s) Plaintiff's Designation of Expert Witnesses
|
||
| 33 | 33
respm
Brief/Memorandum In Support
Wed 03/21 10:57 AM
Brief/Memorandum in Support filed by Allstate Texas Lloyds re32 MOTION for Summary Judgment (Quiroz, Mariah) |
|
| 32 | 32
motion
Summary Judgment
Wed 03/21 10:55 AM
MOTION for Summary Judgment filed by Allstate Texas Lloyds (Quiroz, Mariah) |
|
|
Att: 1
Proposed Order Granting Motion for Summary Judgment
|
||
| Monday, January 08, 2018 | ||
| 31 | 31
1
pgs
order
Order on Motion to Extend Time
Mon 01/08 4:49 PM
ORDER granting28 Joint Motion to Modify Scheduling Order and to Extend Time. It is therefore ORDERED that the deadlines contained in the Court's March 24, 2017, Scheduling Order (ECF No.15 ) and the Courts November 14, 2017 (ECF No.23 ), order extending deadlines are modified as follows: 1. The discovery deadline is extended to March 9, 2018. 2. The dispositive motions deadline is extended to March 23, 2018. 3. The expert objections deadline is extended to April 11, 2018. (Ordered by Magistrate Judge Hal R. Ray, Jr on 1/8/2018) (plp) |
|
| 30 | 30
notice
Notice (Other)
Mon 01/08 2:40 PM
NOTICE of Withdrawal of Allstate's Motion to Compel re:26 MOTION to Compel filed by Allstate Texas Lloyds (Quiroz, Mariah) |
|
| 29 | 29
notice
Notice (Other)
Mon 01/08 12:10 PM
NOTICE of Withdrawal of Motion filed by Jaime Lopez (Hall, Heather) |
|
| 28 | 28
motion
Extension of Time
Mon 01/08 11:46 AM
Joint MOTION to Extend Time Pretrial Deadlines filed by Allstate Texas Lloyds (Quiroz, Mariah) |
|
|
Att: 1
Proposed Order Granting Joint Motion to Modify Scheduling Order and to Extend Time
|
||
| Thursday, January 04, 2018 | ||
| 27 | 27
1
pgs
order
Order on Motion to Compel
Thu 01/04 9:13 AM
ORDER deferring ruling on26 Motion to Compel Responses due by 1/8/2018. Replies due by 1/11/2018. (Ordered by Judge Reed C. O'Connor on 1/4/2018) (Judge Reed C. O'Connor) |
|
| Wednesday, January 03, 2018 | ||
| 26 | 26
motion
Compel
Wed 01/03 3:05 PM
MOTION to Compel filed by Allstate Texas Lloyds (Quiroz, Mariah) |
|
|
Att: 1
Supporting Brief,
|
||
|
Att: 2
Affidavit(s) of Mariah Quiroz,
|
||
|
Att: 3
Affidavit(s) of Nicole Herron,
|
||
|
Att: 4
Exhibit(s) A - J,
|
||
|
Att: 5
Proposed Order on Motion to Compel
|
||
| 25 | 25
motion
Miscellaneous Relief
Wed 01/03 2:53 PM
MOTION Opposed to Abate Pending the Outcome of Appraisal filed by Jaime Lopez (Hall, Heather) |
|
|
Att: 1
Exhibit(s),
|
||
|
Att: 2
Exhibit(s),
|
||
|
Att: 3
Exhibit(s),
|
||
|
Att: 4
Proposed Order
|
||
| Tuesday, November 21, 2017 | ||
| 24 | 24
notice
Notice of Attorney Appearance
Tue 11/21 10:27 AM
NOTICE of Attorney Appearance by Heather E Hall on behalf of Jaime Lopez. (Filer confirms contact info in ECF is current.) (Hall, Heather) |
|
| Tuesday, November 14, 2017 | ||
| 23 | 23
1
pgs
order
Order on Motion for Miscellaneous Relief
Tue 11/14 12:11 PM
ORDER granting22 Joint Motion to Modify Scheduling Order and to Extend Time: It is therefore ORDERED that the deadlines contained in the Court's March 24, 2017 Scheduling Order (ECF No.15 ) are modified as follows: 1. The discovery deadline is extended to January 12, 2018. 2. The dispositive motions deadline is extended to January 23, 2018. 3. The expert objections deadline is extended to February 11, 2018. Except as provided in this Order, all other deadlines and requirements contained in the Scheduling Order (ECF No.15 ) remain the same. (Ordered by Magistrate Judge Hal R. Ray, Jr on 11/14/2017) (plp) |
|
| Monday, November 13, 2017 | ||
| 22 | 22
motion
Miscellaneous Relief
Mon 11/13 3:05 PM
Joint Motion to Modify Scheduling Order and to Extend Time filed by Allstate Texas Lloyds (Quiroz, Mariah) Modified on 11/13/2017 (wrb) |
|
|
Att: 1
Proposed Order
|
||
| Thursday, November 09, 2017 | ||
| 21 | 21
misc
Status Report
Thu 11/09 9:22 AM
Joint STATUS REPORT Regarding Mediation filed by Allstate Texas Lloyds. (Quiroz, Mariah) |
|
| Wednesday, November 08, 2017 | ||
| 20 | 20
2
pgs
order
Order to Show Cause/Order to Answer
Wed 11/08 1:55 PM
ORDER: The parties are ORDERED to show cause why they failed to fully comply with the Court's Amendment to Scheduling Order (ECF No.16 ), or submit the joint report required by that Order, on or before November 15, 2017. (Ordered by Magistrate Judge Hal R. Ray, Jr on 11/8/2017) (plp) |
|
| Tuesday, October 10, 2017 | ||
| 19 | 19
trial
Designation of Experts
Tue 10/10 11:05 AM
Designation of Experts by Allstate Texas Lloyds. (Quiroz, Mariah) |
|
| Friday, September 29, 2017 | ||
| 18 | 18
1
pgs
order
Order on Motion to Substitute Attorney
Fri 09/29 4:31 PM
ORDER granting17 Defendant Allstate Texas Lloyd's Motion for Substitution of Counsel. It is therefore ORDERED that Mariah B. Quiroz is substituted as counsel for the Defendant. Eric K. Bowers is terminated as counsel of record for the Defendant and is relieved of any and all further duties, responsibilities, and obligations in this proceeding. (Ordered by Magistrate Judge Hal R. Ray, Jr on 9/29/2017) (plp) |
|
| 17 | 17
motion
Substitute Attorney
Fri 09/29 9:44 AM
MOTION to Substitute Attorney, added attorney Mariah Baker Quiroz,Mariah Baker Quiroz for Allstate Texas Lloyds. Motion filed by Allstate Texas LloydsAttorney Mariah Baker Quiroz added to party Allstate Texas Lloyds(pty:dft) (Quiroz, Mariah) |
|
|
Att: 1
Proposed Order Granting Substitution
|
||
| Wednesday, August 16, 2017 | ||
| 16 | 16
order
Order Setting Deadline/Hearing
Wed 08/16 4:19 PM
AMENDMENT TO SCHEDULING ORDER: The parties shall jointly select a mediator and mediate on or before October 31, 2017. Within seven days after the mediation, the parties shall jointly prepare and file a written report. (Ordered by Magistrate Judge Hal R. Ray, Jr on 8/16/2017) (plp) |
|
| Friday, March 24, 2017 | ||
| 15 | 15
order
Scheduling Order ~Util - Modify Hearings/Deadlines (Full List)
Fri 03/24 9:08 AM
SCHEDULING ORDER: Amended Pleadings due by 6/23/2017. Discovery due by 11/13/2017. Joinder of Parties due by 6/23/2017. Dispositive Motions due by 11/24/2017. Deadline for mediation is on or before 8/14/2017. See order for further specifics. (Ordered by Magistrate Judge Hal R. Ray, Jr on 3/24/2017) (plp) |
|
| Thursday, March 23, 2017 | ||
| 14 | 14
misc
Proposed Scheduling and Discovery Order
Thu 03/23 4:16 PM
Proposal for contents of scheduling and discovery order (Joint Report) by Allstate Texas Lloyds. (Bowers, Eric) |
|
| Friday, March 17, 2017 | ||
| 13 | 13
order
Order Unfiling Pleading
Fri 03/17 9:06 AM
ORDER STRIKING AND UNFILING DOCUMENT(S)12 Notice of Refusal to Consent filed by Allstate Texas Lloyds due to the following deficiency: Consent/Refusal to Consent forms should not be filed on the Electronic Case Filing (ECF) System pursuant to Rule 73(b) of the Federal Rules of Civil Procedure. Please re-submit the Notice of Consent to: Consent_TXND@txnd.uscourts.gov. (Ordered by Magistrate Judge Hal R. Ray, Jr on 3/17/2017) (plp) |
|
| Thursday, March 16, 2017 | ||
| 12 | 12
notice
Notice (Other)
Thu 03/16 4:13 PM
NOTICE of Refusal to Consent to Proceed before Magistrate Judge re:10 Notice of Magistrate Judge Availability or Consent filed by Allstate Texas Lloyds (Bowers, Eric) |
|
| 11 | 11
notice
Notice of Attorney Appearance
Thu 03/16 3:02 PM
NOTICE of Attorney Appearance by James M McClenny for Derek L. Fadner on behalf of Jaime Lopez. (McClenny, James) |
|
| Friday, February 24, 2017 | ||
| 10 | 10
order
Notice of Magistrate Judge Availability or Consent
Fri 02/24 2:12 PM
Notice of Option to Consent to Proceed Before the Magistrate Judge. The parties are required to complete and return the enclosed form to the clerk within 20 days. (Ordered by Magistrate Judge Hal R. Ray, Jr on 2/24/2017) (plp) |
|
| 9 | 9
order
Order for Scheduling Order Proposal
Fri 02/24 2:10 PM
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Joint Report due by 3/23/2017. (Ordered by Magistrate Judge Hal R. Ray, Jr on 2/24/2017) (plp) |
|
| 8 | 8
order
Order Referring Case to Magistrate Judge
Fri 02/24 10:34 AM
ORDER OF REFERENCE FOR PRETRIAL MANAGEMENT to Magistrate Judge Hal R. Ray, Jr. (Ordered by Judge Reed C. O'Connor on 2/24/2017) (skg) |
|
| Tuesday, February 21, 2017 | ||
| 7 | 7
order
Order on Motion for Miscellaneous Relief
Tue 02/21 11:22 AM
ORDER: Plaintiff Jaime Lopez's Unopposed Motion to Waive Local Counsel Requirement6 is GRANTED. (Ordered by Judge Reed C. O'Connor on 2/21/2017) (skg) |
|
| Sunday, February 19, 2017 | ||
| 6 | 6
motion
Miscellaneous Relief
Sun 02/19 3:26 PM
MOTION to Waive Local Counsel Requirement filed by Jaime Lopez (Moseley, John) |
|
|
Att: 1
Proposed Order
|
||
| 5 | 5
notice
Notice (Other)
Sun 02/19 3:16 PM
NOTICE of Serving Rule 26 Disclosures to Defendant filed by Jaime Lopez (Moseley, John) |
|
| Saturday, February 18, 2017 | ||
| 4 | 4
misc
Certificate Of Interested Persons/Disclosure Statement
Sat 02/18 3:08 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jaime Lopez. (Moseley, John) |
|
| Friday, February 17, 2017 | ||
| 3 | 3
qcref
O' Connor (FORT WORTH CASES)
Fri 02/17 11:15 AM
New Case Notes: A filing fee has been paid. File to Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (wrb) |
|
| 2 | 2
misc
Certificate Of Interested Persons/Disclosure Statement
Fri 02/17 8:54 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Allstate Texas Lloyds. (Bowers, Eric) |
|
| 1 | 1
notice
Notice of Removal
Fri 02/17 8:47 AM
NOTICE OF REMOVAL WITH JURY DEMAND from 342nd Judicial District Court, Tarrant County, case number 342-289898-17 filed by Allstate Texas Lloyds. (Filing fee $400; receipt number 0539-8217378) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Bowers, Eric) |
|
|
Att: 1
Exhibit(s) A - Index of State Court Documents,
|
||
|
Att: 2
Exhibit(s) B - Docket Sheet,
|
||
|
Att: 3
Exhibit(s) B.1 - Plaintiff's Original Petition,
|
||
|
Att: 4
Exhibit(s) B.2 - Civil Case Filing Cover Sheet,
|
||
|
Att: 5
Exhibit(s) B.3 - Return of Service (served 01/18/17),
|
||
|
Att: 6
Exhibit(s) Defendant Allstate's Original Answer to Plaintiff's Original Petiiton,
|
||
|
Att: 7
Cover Sheet,
|
||
|
Att: 8
Cover Sheet Supplement
|
||