Austin v. GeoVera Specialty Insurance Co
| Louisiana Western District Court | |
| Judge: | Robert R Summerhays |
| Referred: | David J Ayo |
| Case #: | 6:24-cv-00782 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1441 Petition for Removal- Insurance Contract |
| Case Filed: | Jun 10, 2024 |
| Case in other court: | 15th JDC Lafayette parish, c-20242687 |
| Last checked: Sunday Dec 08, 2024 3:18 AM CST |
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Defendant
GeoVera Specialty Insurance Co
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Represented By
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Plaintiff
Elaine Austin
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Represented By
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| Docket last updated: 05/16/2025 11:59 PM CDT |
| Thursday, May 15, 2025 | ||
| 23 | 23
notice
Notice of Availability of Magistrate Judges By Consent (Form Included)
Thu 05/15 8:34 AM
NOTICE of Availability of Magistrate Judges By Consent. If you wish to proceed before the magistrate judge, please complete and return the appropriate form located on this court's website by clicking[LINK:here] . Executed consent forms must be emailed to lawdml_consents@lawd.uscourts.gov. DO NOT return the form to the judges. (crt,Craig, C) |
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| 22 | 22
order
Scheduling Order - Hanna/Summerhays/Whitehurst
Thu 05/15 8:33 AM
SCHEDULING ORDER: Bench Trial set for 8/3/2026 09:30 AM in Lafayette, Courtroom 3 before Judge Robert R Summerhays. Pretrial Conference set for 7/22/2026 10:00 AM in chambers before Judge Robert R Summerhays. Initial Disclosures exchanged by 6/5/2025. Rule 26 Conference between parties to take place before 6/9/2025. Rule 26 Report due by 7/3/2025. Joinder of Parties and Amendment of Pleadings due by 1/23/2026. Plaintiffs Expert Info/Reports due by 12/24/2025. Defendants Expert Info/Reports due by 1/23/2026. Discovery deadline 2/23/2026. Dispositive Motions due by 3/24/2026. Daubert Motions due by 3/24/2026. Motions in Limine due by 6/22/2026. Conference/Meeting of counsel to prepare pretrial order to be held by 6/22/2026. Pretrial Order due by 7/8/2026. Bench Books due by 7/8/2026. Trial Depositions due by 7/8/2026. Real Time glossary due by 7/15/2026. Affirmation of Settlement Negotiations due 7/15/2026. Signed by Chrissy Craig on 5/15/2025. (crt,Craig, C) |
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| Friday, April 11, 2025 | ||
| 21 | 21
answer
Answer to Complaint
Fri 04/11 2:50 PM
ANSWER to Complaint by GeoVera Specialty Insurance Co.(aty,Sullivan, Sean) |
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| Thursday, March 27, 2025 | ||
| 20 | 20
order
Judgment re Report and Recommendations Order on Motion to Dismiss for Failure to State a Claim Order on Report and Recommendations
Thu 03/27 12:08 PM
JUDGMENT adopting19 Report and Recommendations re13 Motion to Dismiss for Failure to State a Claim filed by GeoVera Specialty Insurance Co,19 Report and Recommendations. IT IS HEREBY ORDERED that the partial Motion to Dismiss is GRANTED, and to the extent Plaintiff asserts claims arising from the March 22, 2022 windstorm, such claims are DISMISSED with prejudice. Signed by Judge Robert R Summerhays on 3/27/2025. (crt,Craig, C) |
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| Wednesday, March 12, 2025 | ||
| 19 | 19
motion
Report and Recommendations
Wed 03/12 10:27 AM
REPORT AND RECOMMENDATIONS: The Court recommends that13 MOTION to Dismiss For Failure to State a Claim filed by GeoVera Specialty Insurance Co be GRANTED and, accordingly, to the extent that Plaintiff Elaine Austin's suit asserts claims for covered losses arising from the March 22, 2022 windstorm referenced in her Complaint, further recommends that all such claims be DISMISSED with prejudice as prescribed according to the policy of insurance in effect among the parties on the date of loss and preserving Austin's remaining claims for further proceedings as may be appropriate. Objections to R&R due by 3/26/2025. Signed by Magistrate Judge David J Ayo on 3/12/2025. (crt,Chicola, C) |
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| Wednesday, August 07, 2024 | ||
| 18 | 18
3
pgs
respm
Memorandum in Support of Motion
Wed 08/07 10:40 AM
MEMORANDUM in Support re13 MOTION to Dismiss For Failure to State a Claim filed by GeoVera Specialty Insurance Co. (aty,Sullivan, Sean) |
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| Wednesday, July 24, 2024 | ||
| 17 | 17
4
pgs
respm
Memorandum in Opposition to Motion
Wed 07/24 4:31 PM
MEMORANDUM in Opposition re13 MOTION to Dismiss For Failure to State a Claim filed by Elaine Austin.(aty,Melancon, Devlan) |
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Att: 1
Vandalism Appraisal Award,
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Att: 2
Wind Appraisal Award,
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Att: 3
Vandalism Appraisal Estimate,
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Att: 4
Wind Appraisal Estimate
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| Monday, July 15, 2024 | ||
| 16 | 16
notice
Notice of Motion Setting
Mon 07/15 10:52 AM
NOTICE of Motion Setting regarding:13 MOTION to Dismiss For Failure to State a Claim. Motions referred to Magistrate Judge David J Ayo. (crt,Chicola, C) |
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| Thursday, July 11, 2024 | ||
| 15 | 15
1
pgs
order
Order Referring Motion
Thu 07/11 2:08 PM
MINUTE ENTRY REFERRING MOTION:13 MOTION to Dismiss For Failure to State a Claim filed by GeoVera Specialty Insurance Co Motions referred to Magistrate Judge David J Ayo. Issued by Judge Robert R Summerhays on 7/11/2024. (crt,Craig-Fontenot, C) |
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| Wednesday, July 10, 2024 | ||
| 14 | 14
notice
Notice of Motion Setting
Wed 07/10 11:21 AM
NOTICE of Motion Setting regarding:13 MOTION to Dismiss For Failure to State a Claim. Motions referred to Judge Robert R Summerhays. (crt,Whitener, M) |
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| 13 | 13
motion
Dismiss for Failure to State a Claim
Wed 07/10 7:51 AM
MOTION to Dismiss For Failure to State a Claim by GeoVera Specialty Insurance Co.(aty,Sullivan, Sean) |
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Att: 1
Memorandum / Brief,
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Att: 2
Exhibit
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| Monday, July 01, 2024 | ||
| 12 | 12
misc
Diversity Jurisdiction Disclosure Statement
Mon 07/01 4:16 PM
DIVERSITY JURISDICTION DISCLOSURE STATEMENT by GeoVera Specialty Insurance Co. (aty,Sullivan, Sean) |
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| Tuesday, June 25, 2024 | ||
| 11 | 11
misc
Corporate Disclosure Statement
Tue 06/25 10:30 AM
CORPORATE DISCLOSURE STATEMENT by GeoVera Specialty Insurance Co. (aty,Sullivan, Sean) |
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| 10 | 10
notice
Notice of Corporate Disclosure-2nd NOTICE (Form Included)
Tue 06/25 9:12 AM
SECOND NOTICE of Corporate Disclosure Statement Requirement, re:3 Notice of Corporate Disclosure Statement Requirement, sent to Sean P Sullivan on behalf of GeoVera Specialty Insurance Co. Show Cause Response due by 7/9/2024. (crt,Mitchell, P) |
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| Friday, June 14, 2024 | ||
| 9 | 9
1
pgs
order
Order on Motion for Extension of Time to Answer
Fri 06/14 11:42 AM
ORDER granting8 Motion for Extension of Time to Answer re1 Notice of Removal. GeoVera Specialty Insurance Co answer due 7/10/2024. Signed by Magistrate Judge David J Ayo on 6/14/2024. (crt,Chicola, C) |
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| Thursday, June 13, 2024 | ||
| 8 | 8
motion
Extension of Time to File Answer
Thu 06/13 1:02 PM
MOTION for Extension of Time to File Answer with consent by GeoVera Specialty Insurance Co. Motions referred to David J Ayo. Motion Ripe Deadline set for 6/13/2024.(aty,Sullivan, Sean) |
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Att: 1
Proposed order
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| Wednesday, June 12, 2024 | ||
| 7 | 7
order
Removal Order
Wed 06/12 10:46 AM
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge David J Ayo on 6/12/2024. (crt,Chicola, C) |
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| Monday, June 10, 2024 | ||
| 6 | 6
motion
Proposed Order (Court User Only/Public Entry No NEF)
Mon 06/10 11:15 AM
PROPOSED REMOVAL ORDER Referred to Magistrate Judge David J Ayo. Motion Ripe Deadline set for 6/10/2024. (crt,Whitener, M) |
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| 5 | 5
notice
Notice of Diversity Jurisdiction Disclosure Statement Requirement (Form Included)
Mon 06/10 11:08 AM
NOTICE of Diversity Jurisdiction Disclosure Statement Requirement sent to Devlan Wesley Melancon on behalf of Elaine Austin. Diversity Jurisdiction Disclosure Statement due by 6/24/2024. (crt,Whitener, M) |
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| 4 | 4
notice
Notice of Diversity Jurisdiction Disclosure Statement Requirement (Form Included)
Mon 06/10 11:07 AM
NOTICE of Diversity Jurisdiction Disclosure Statement Requirement re:1 Notice of Removal, sent to Sean P Sullivan on behalf of GeoVera Specialty Insurance Co. Diversity Jurisdiction Disclosure Statement due by 6/24/2024. (crt,Whitener, M) |
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| 3 | 3
notice
Notice of Corporate Disclosure Statement Requirement (Form Included)
Mon 06/10 11:04 AM
NOTICE of Corporate Disclosure Statement Requirement re:1 Notice of Removal, sent to Sean P Sullivan on behalf of GeoVera Specialty Insurance Co. Corporate Disclosure Statement due by 6/24/2024. (crt,Whitener, M) |
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| 2 | 2
notice
Notice (Other)
Mon 06/10 10:51 AM
NOTICE of of Compliance by GeoVera Specialty Insurance Co (aty,Sullivan, Sean) |
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| 1 | 1
cmp
Notice of Removal
Mon 06/10 10:47 AM
NOTICE of Removal from Lafayette, Case Number 20242687 (Filing fee $405, receipt number ALAWDC-5968224) filed by GeoVera Specialty Insurance Co.(Attorney Sean P Sullivan added to party GeoVera Specialty Insurance Co(pty:dft))(aty,Sullivan, Sean) |
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Att: 1
Civil cover sheet,
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Att: 2
Notice of Compliance,
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Att: 3
Exhibit,
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Att: 4
Exhibit
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service
State Court Service Returned Executed (Removal Cases)
Mon 06/10 11:00 AM
STATE COURT Service Returned Executed. GeoVera Specialty Insurance Co answer due 6/17/2024. ADMINISTRATIVE ENTRY: The PDF image can be found in Attachment #3 to Document #1, Notice of Removal. (crt,Whitener, M) |
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utility
Case Assigned/Reassigned
Mon 06/10 11:03 AM
CASE Assigned to Judge Robert R Summerhays and Magistrate Judge David J Ayo. (crt,Whitener, M) |
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