Texas Western District Court
Judge:Lee Yeakel
Case #: 1:20-cv-00125
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Insurance Contract
Case Filed:Feb 04, 2020
Terminated:Aug 30, 2021
Last checked: Sunday Aug 02, 2020 3:47 AM CDT
Counter Defendant
Tayaun Messer
Represented By
Jon Michael Smith
Jon Michael Smith, Attorney
contact info
Counter Plaintiff
The Lincoln National Life Insurance Company
Represented By
Nicole Elizabeth Su
Mcdowell Hetherington LLP
contact info
Defendant
The Lincoln National Life Insurance Company
Represented By
Nicole Elizabeth Su
Mcdowell Hetherington LLP
contact info
Plaintiff
Tayaun Messer
Represented By
Jon Michael Smith
Jon Michael Smith, Attorney
contact info

GPO Jul 16 2021
REPORT AND RECOMMENDATIONS that the District Court GRANT Defendant Lincoln National Life Insurance Companys 14 Motion for Summary Judgment and DENY Plaintiff Tayaun Messers 17 Motion for Summary Judgment. Signed by Judge Susan Hightower. (klw)

Docket last updated: 2 hours ago
Friday, October 01, 2021
31 31 notice Notice of Settlement Fri 10/01 5:10 PM
NOTICE of Settlement Concerning Attorney's Fees and Costs by The Lincoln National Life Insurance Company (Richardson, Jason)
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Friday, September 10, 2021
30 30 1 pgs order Order on Motion for Extension of Time to File Fri 09/10 3:03 PM
ORDER GRANTING29 Motion for Extension of Time to File Post-Trial Submissions. Signed by Judge Lee Yeakel. (dm)
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Wednesday, September 08, 2021
29 29 motion Extension of Time to File Document Wed 09/08 5:01 PM
Unopposed MOTION for Extension of Time to File Post Trial Submissions Concerning Attorneys Fees and Costs by The Lincoln National Life Insurance Company.(Richardson, Jason)
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Att: 1 Proposed Order Re Attorney Fees and Costs
Monday, August 30, 2021
28 28 order Judgment Mon 08/30 4:38 PM
FINAL JUDGMENT. Signed by Judge Lee Yeakel. (dm)
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27 27 3 pgs order Order Adopting/Rejecting Report and Recommendations Mon 08/30 4:36 PM
ORDER ADOPTING25 REPORT AND RECOMMENDATIONS. Signed by Judge Lee Yeakel. (dm)
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Monday, August 02, 2021
26 26 respoth Objection to Report and Recommendations Mon 08/02 2:47 PM
OBJECTION to25 Report and Recommendations by Tayaun Messer.. (Smith, Jon)
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Monday, July 19, 2021
utility Motions No Longer Referred Mon 07/19 7:42 AM
Motions No Longer Referred:14 MOTION for Summary Judgment ,17 Cross MOTION for Summary Judgment . (klw)
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Friday, July 16, 2021
25 25 misc Report and Recommendations Mon 07/19 7:41 AM
REPORT AND RECOMMENDATIONS that the District Court GRANT Defendant Lincoln National Life Insurance Companys14 Motion for Summary Judgment and DENY Plaintiff Tayaun Messers17 Motion for Summary Judgment. Signed by Judge Susan Hightower. (klw)
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Thursday, June 17, 2021
24 24 1 pgs order Order on Motion to Withdraw as Attorney Thu 06/17 4:15 PM
ORDER GRANTING23 Motion to Withdraw and Substitute Counsel. Signed by Judge Lee Yeakel. (dm)
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Wednesday, June 16, 2021
23 23 motion Withdraw As Attorney Wed 06/16 6:19 PM
Unopposed MOTION to Withdraw as Attorney and Substitute Counsel by The Lincoln National Life Insurance Company.(Richardson, Jason)
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Att: 1 Proposed Order
Monday, March 15, 2021
22 22 1 pgs order Order Referring Motion Mon 03/15 3:38 PM
ORDER REFERRING MOTION:14 MOTION for Summary Judgment filed by The Lincoln National Life Insurance Company,17 Cross MOTION for Summary Judgment filed by Tayaun Messer. Signed by Judge Lee Yeakel.. Referral Magistrate Judge: Susan Hightower. (dm)
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Friday, March 12, 2021
21 21 respm Reply to Response to Motion Fri 03/12 10:01 AM
REPLY to Response to Motion, filed by Tayaun Messer, re17 Cross MOTION for Summary Judgment filed by Plaintiff Tayaun Messer (Smith, Jon)
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Thursday, February 18, 2021
20 20 respm Response in Opposition to Motion Thu 02/18 12:18 PM
Response in Opposition to Motion, filed by The Lincoln National Life Insurance Company, re17 Cross MOTION for Summary Judgment filed by Plaintiff Tayaun Messer(Su, Nicole)
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Att: 1 Exhibit A
Friday, January 15, 2021
19 19 respm Response to Motion Fri 01/15 3:20 PM
RESPONSE to Motion, filed by Tayaun Messer, re14 MOTION for Summary Judgment filed by Defendant The Lincoln National Life Insurance Company (Smith, Jon)
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18 18 notice Deficiency Notice Fri 01/15 3:06 PM
DEFICIENCY NOTICE: re 17 Cross MOTION for Summary Judgment (dm)
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17 17 motion Summary Judgment Fri 01/15 10:10 AM
Cross MOTION for Summary Judgment by Tayaun Messer. (Smith, Jon)
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Thursday, January 07, 2021
16 16 2 pgs order Order on Motion to Extend Scheduling Order Deadlines Thu 01/07 4:35 PM
ORDER GRANTING15 Motion to Extend Scheduling Order Deadlines. Signed by Judge Lee Yeakel. (dm)
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Tuesday, January 05, 2021
15 15 motion Extend Scheduling Order Deadlines Tue 01/05 10:16 AM
Unopposed MOTION to Extend Scheduling Order Deadlines by Tayaun Messer.(Smith, Jon)
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Att: 1 Proposed Order
Friday, December 11, 2020
14 14 motion Summary Judgment Fri 12/11 3:07 PM
MOTION for Summary Judgment by The Lincoln National Life Insurance Company. (Su, Nicole)
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Tuesday, November 10, 2020
13 13 2 pgs order Order on Motion to Extend Scheduling Order Deadlines Tue 11/10 4:14 PM
ORDER GRANTING11 Motion to Extend Scheduling Order Deadlines. Motion for Summary Judgment due by 12/11/2020. Signed by Judge Lee Yeakel. (dm)
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12 12 notice Notice of Filing Tue 11/10 3:48 PM
NOTICE of Filing Administrative Record by The Lincoln National Life Insurance Company(Su, Nicole)
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Att: 1 Redacted Personal Data Sheet Administrative Record
Monday, November 09, 2020
11 11 motion Extend Scheduling Order Deadlines Mon 11/09 9:38 AM
Unopposed MOTION to Extend Scheduling Order Deadlines by The Lincoln National Life Insurance Company.(Su, Nicole)
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Att: 1 Proposed Order
Friday, July 31, 2020
10 10 adr ADR Report Filed - Consent to Alternate Dispute Resolution Fri 07/31 1:39 PM
ADR Report Filed - CONSENT to Alternate Dispute Resolution (ADR) by The Lincoln National Life Insurance Company(Su, Nicole)
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Thursday, April 23, 2020
9 9 order Scheduling Order Thu 04/23 4:01 PM
SCHEDULING ORDER: ADR Report Deadline due by 7/31/2020, Amended Pleadings due by 7/17/2020, Joinder of Parties due by 7/17/2020, Motion for Summary Judgment due by 11/10/2020. Signed by Judge Lee Yeakel. (dm)
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8 8 misc Scheduling Recommendations/Proposed Scheduling Order Thu 04/23 9:35 AM
Proposed Scheduling Order by Tayaun Messer. (Smith, Jon)
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Wednesday, March 11, 2020
7 7 answer Answer to Complaint Counterclaim Wed 03/11 5:21 PM
ANSWER to1 Complaint , COUNTERCLAIM against Tayaun Messer by The Lincoln National Life Insurance Company.(Su, Nicole)
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Att: 1 Exhibit 1
Wednesday, February 26, 2020
6 6 1 pgs order Order on Motion for Extension of Time to Answer Thu 02/27 12:03 PM
ORDER GRANTING5 Motion for Extension of Time to Answer re1 Complaint ; The Lincoln National Life Insurance Company answer due 3/11/2020. Signed by Judge Lee Yeakel. (dm)
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Monday, February 24, 2020
5 5 motion Extension of Time to File Answer Mon 02/24 5:41 PM
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by The Lincoln National Life Insurance Company.(Su, Nicole)
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Att: 1 Proposed Order Proposed Order
Thursday, February 06, 2020
4 4 service Summons Returned Executed as to USA Thu 02/06 1:23 PM
SUMMONS Returned Executed by Tayaun Messer. The Lincoln National Life Insurance Company served on 2/5/2020, answer due 2/26/2020. (Smith, Jon) Modified on 2/6/2020 to correct answer date (dm)
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utility Set/Reset Answer Deadline Thu 02/06 1:42 PM
Reset Deadlines: The Lincoln National Life Insurance Company answer due 2/26/2020. (dm)
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Tuesday, February 04, 2020
3 3 service Summons Issued Tue 02/04 12:25 PM
Summons Issued as to The Lincoln National Life Insurance Company. (cj)
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2 2 service Request for Issuance of Summons Tue 02/04 9:22 AM
REQUEST FOR ISSUANCE OF SUMMONS by Tayaun Messer. (Smith, Jon) (Main Document 2 replaced and flattened on 2/4/2020) (cj)
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1 1 5 pgs cmp Complaint Tue 02/04 9:21 AM
COMPLAINT ( Filing fee $ 400 receipt number 0542-13159398), filed by Tayaun Messer.(Smith, Jon) (Attachment 1 replaced and flattened on 2/4/2020) (cj)
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Att: 1 Civil Cover Sheet
utility Case Assigned/Reassigned Tue 02/04 12:24 PM
Case assigned to Judge Lee Yeakel. 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. (cj)
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misc To be Referred to AU Mag Judge Tue 02/04 12:24 PM
If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower (cj)
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