Paz v. USAA General Indemnity Company et al
| Mississippi Southern District Court | |
| Judge: | Taylor B Mcneel |
| Referred: | Robert P Myers, Jr |
| Case #: | 1:24-cv-00298 |
| Nature of Suit | 350 Torts - Personal Injury - Motor Vehicle |
| Cause | 28:1332 Diversity-Auto Negligence |
| Case Filed: | Sep 30, 2024 |
| Terminated: | Jun 18, 2025 |
| Case in other court: | Circuit Court of Harrison County, Mississippi, 24CI2:23cv00242 |
| Last checked: Sunday Mar 30, 2025 4:36 AM CDT |
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Defendant
John Doe Defendants A-Z
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Defendant
USAA General Indemnity Company
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Represented By
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Plaintiff
Amanda Paz
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Represented By
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| Docket last updated: 08/26/2025 11:59 PM CDT |
| Wednesday, June 18, 2025 | ||
| 32 | 32
misc
Stipulation of Dismissal
Wed 06/18 9:37 AM
STIPULATION of Dismissal with Prejudice by USAA General Indemnity Company (Malatesta, Jacob) |
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misc
Docket Annotation
Wed 06/18 4:20 PM
DOCKET ANNOTATION as to #32: Scanned document contains blank page(s). PDF documents should be checked for errors before filing. It is not necessary to refile. (RLW) |
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| Wednesday, June 04, 2025 | ||
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notice
Notice of Settlement
Wed 06/04 4:23 PM
NOTICE of Settlement by Amanda Paz, USAA General Indemnity Company per email notification from attorney Richard Tubertini. The parties shall have 30 days to consummate the settlement. Absent the parties requesting additional time to effectuate settlement, the Court will enter a final judgment of dismissal with prejudice. (SR) |
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order
Order Cancelling Deadline
Wed 06/04 4:24 PM
TEXT ONLY ORDER Cancelling: Settlement Conference set for 8/11/2025 01:30 PM in Courtroom 881 (Gulfport) before Magistrate Judge Robert P. Myers, Jr. The parties announced settlement. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Robert P. Myers, Jr on 6/4/2025 (SR) |
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| Wednesday, May 21, 2025 | ||
| 31 | 31
service
Subpoena Returned
Wed 05/21 8:45 AM
Subpoena Returned Executed as to Zachary VanDyke, P.A.. (Malatesta, Jacob) |
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| Tuesday, May 20, 2025 | ||
| 30 | 30
service
Subpoena Returned
Tue 05/20 2:25 PM
Subpoena Returned Executed as to Hilton Sun, Inc.. (Malatesta, Jacob) |
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| Monday, May 19, 2025 | ||
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misc
Docket Annotation
Mon 05/19 8:55 AM
DOCKET ANNOTATION as to # 28. Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (JCH) |
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order
Order on Motion to Extend Deadline
Mon 05/19 10:39 AM
TEXT ONLY ORDER granting28 Unopposed Motion to Extend Designation of Expert Witnesses Deadline. Defendant's expert designation is now due by 7/25/2025. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on May 19, 2025 (pl) |
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| Friday, May 16, 2025 | ||
| 29 | 29
motion
Compel
Fri 05/16 3:43 PM
MOTION to Compel Supplementation by USAA General Indemnity Company(Pugh, Zachary) |
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Att: 1
Exhibit 1 - Deposition,
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Att: 2
Exhibit 2 - RFP to Plf,
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Att: 3
Exhibit 3 - Correspondence,
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Att: 4
Exhibit 4 - Plfs Resp to ROGs,
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Att: 5
Exhibit 5 - Good Faith Certificate,
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Att: 6
Exhibit 6 - Correspondence,
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Att: 7
Exhibit 7 - Affidavit
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| 28 | 28
motion
Extend Deadline
Fri 05/16 2:47 PM
Unopposed MOTION to Extend Designation of Expert Witnesses Deadline by USAA General Indemnity Company(Malatesta, Jacob) |
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Att: 1
Exhibit 1 - Proposed Order Extending Deadline
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| Tuesday, May 06, 2025 | ||
| 27 | 27
notice
Notice of Intent to Serve Subpoena
Tue 05/06 2:55 PM
NOTICE OF INTENT TO SERVE SUBPOENA Hilton Sun, Inc. by USAA General Indemnity Company(Malatesta, Jacob) |
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Att: 1
Exhibit 1- SDT to Hilton Sun, Inc.
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| Tuesday, April 29, 2025 | ||
| 26 | 26
service
Subpoena Returned
Tue 04/29 11:15 AM
Subpoena Returned Executed as to Hilton Sun, Inc.. (Malatesta, Jacob) |
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| 25 | 25
service
Subpoena Returned
Tue 04/29 9:32 AM
**DISREGARD**Subpoena Returned Executed as to Hilton Sun, Inc.. (Malatesta, Jacob) Modified on 4/29/2025 (JCH) |
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misc
Docket Annotation
Tue 04/29 11:05 AM
DOCKET ANNOTATION as to # 25. Proof of Service of a subpoena should be completed and filed with the first page, as issued. Attachment of U.S. Postal return receipt only is not sufficient without completed proof. The green card can be scanned in as page 3 of this filing. Attorney is directed to refile. This document will be disregarded on the docket. (JCH) |
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| Tuesday, April 08, 2025 | ||
| 24 | 24
notice
Notice of Intent to Serve Subpoena
Tue 04/08 1:41 PM
NOTICE OF INTENT TO SERVE SUBPOENA to Zachary VanDyke, P.A. by USAA General Indemnity Company(Malatesta, Jacob) |
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Att: 1
Exhibit Subpoena to Zachary VanDyke, P.A.
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misc
Docket Annotation
Tue 04/08 4:08 PM
DOCKET ANNOTATION as to # 24. L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to type in the exhibit letter/number in the description box in future filings. (JCH) |
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| Monday, April 07, 2025 | ||
| 23 | 23
discov
Notice to Take Deposition
Mon 04/07 2:41 PM
NOTICE to Take Deposition of Eliope Paz by USAA General Indemnity Company (Malatesta, Jacob) |
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| Friday, April 04, 2025 | ||
| 22 | 22
notice
Notice of Intent to Serve Subpoena
Fri 04/04 8:40 AM
NOTICE OF INTENT TO SERVE SUBPOENA to Hilton Sun, Inc. by USAA General Indemnity Company(Malatesta, Jacob) |
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Att: 1
Exhibit Subpoena to Hilton Sun, Inc.
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| Monday, March 24, 2025 | ||
| 21 | 21
discov
Notice to Take Deposition
Mon 03/24 10:06 AM
NOTICE to Take Deposition of Amanda Paz by Amanda Paz (Perry - PHV, Henry) |
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| Friday, March 21, 2025 | ||
| 20 | 20
discov
Notice to Take Deposition
Fri 03/21 5:23 PM
**ERROR**Disregard this entry. NOTICE to Take Deposition of Amanda Paz by Amanda Paz (Perry - PHV, Henry) Modified on 3/21/2025 (RLW) |
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| 19 | 19
discov
Notice to Take Deposition
Fri 03/21 8:55 AM
NOTICE to Take Deposition of Amanda Paz by USAA General Indemnity Company (Malatesta, Jacob) |
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misc
Docket Annotation
Fri 03/21 8:44 AM
DOCKET ANNOTATION as to # 18. Attorney is advised that this document should be re-filed as a Notice to Take Deposition, which can be found under the "Discovery Documents" category. This document will be disregarded on the docket. (JCH) |
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misc
Docket Annotation
Fri 03/21 6:13 PM
DOCKET ANNOTATION as to #20: The Notice of Deposition was filed incorrect and will be disregarded. Attorney is advised to refile pursuant to Local Rule 83.1(d)(3) which requires electronic signature of the resident attorney. Also, PHV attorney must include his electronic signature on the main document and L.U.Civ.R. Rule 11.(a) states that all filed, signed documents must contain counsel's name, address, telephone number, fax number, e-mail address and counsel's bar membership identification number. A certificate of service is no longer required. (RLW) |
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| Thursday, March 20, 2025 | ||
| 18 | 18
notice
Notice (Other) - DO NOT USE FOR APPEALS OR DISCOVERY
Thu 03/20 10:52 AM
NOTICE of Deposition of Amanda Paz by USAA General Indemnity Company (Malatesta, Jacob) |
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| Thursday, February 13, 2025 | ||
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order
Order on Motion to Compel Order on Motion to Withdraw
Thu 02/13 9:48 AM
TEXT ONLY ORDER granting17 Motion to Withdraw14 Motion to Compel Deposition; terminating14 Motion to Compel Deposition. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on February 13, 2025 (pl) |
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| Wednesday, February 12, 2025 | ||
| 17 | 17
motion
Withdraw
Wed 02/12 1:29 PM
MOTION to Withdraw14 MOTION to Compel Deposition by USAA General Indemnity Company (Malatesta, Jacob) |
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| Thursday, February 06, 2025 | ||
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minutes
Motion Hearing
Thu 02/06 11:48 AM
Minute Entry for proceedings held before Magistrate Judge Robert P. Myers, Jr: TELEPHONIC Motion Hearing held on 2/6/2025 re15 MOTION to Amend/Correct Scheduling Order filed by Amanda Paz with attorneys James R. Reeves, Jr. and Jacob O. Malatesta. The Court will enter an amended scheduling order. (SR) |
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order
Order on Motion to Amend/Correct
Thu 02/06 11:49 AM
TEXT ONLY ORDER granting15 Motion to Amend/Correct. The Court will enter an amended scheduling order. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Robert P. Myers, Jr on 2/6/2025 (SR) |
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order
Amended Scheduling Order
Thu 02/06 11:54 AM
TEXT ONLY AMENDED SCHEDULING ORDER: Designate Experts Plaintiff Deadline due by 6/9/2025. Designate Experts for Defendant Deadline due by 7/9/2025. Discovery due by 9/8/2025. Motions due by 9/22/2025. Settlement Conference set for 8/11/2025 01:30 PM in Courtroom 881 (Gulfport) before Magistrate Judge Robert P. Myers, Jr. Pretrial Conference set for 2/10/2026 10:00 AM in Courtroom 706 (Gulfport) before District Judge Taylor B. McNeel. Jury Trial set during a four-week term of court beginning on 3/2/2026 09:00 AM in Courtroom 706 (Gulfport) before District Judge Taylor B. McNeel. ADR Report due by 2/3/2026. Proposed Pretrial Order due by 2/10/2026. EDT: 2-3 days. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Robert P. Myers, Jr on 2/6/2025 (SR) |
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notice
Notice of Calendar Setting
Thu 02/06 11:56 AM
NOTICE of Calendar Setting: Reminder of the settlement conference previously set for 8/11/2025 01:30 PM in Courtroom 881 (Gulfport) before Magistrate Judge Robert P. Myers, Jr. Counsel are instructed to submit to Judge Myers, seven (7) days prior to the conference, a memorandum (3-page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Myers via e-mail (myers_chambers@mssd.uscourts.gov). LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). Company policies limiting or prohibiting travel will no longer be accepted as a valid excuse for a corporate representative's failure to personally appear at the settlement conference. FAILURE TO APPEAR MAY RESULT IN SANCTIONS. (SR) |
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| Thursday, January 30, 2025 | ||
| 16 | 16
respm
Response to Motion
Thu 01/30 11:53 AM
RESPONSE to Motion re15 MOTION to Amend/Correct Scheduling Order filed by USAA General Indemnity Company (Malatesta, Jacob) |
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notice
Notice of Hearing on Motion
Thu 01/30 2:35 PM
NOTICE of Hearing on Motion15 MOTION to Amend/Correct Scheduling Order : TELEPHONIC Motion Hearing set for 2/3/2025 09:15 AM before Magistrate Judge Robert P. Myers, Jr. Movant will place the telephone call to Judge Myers' chambers with all necessary counsel on the line. (SR) |
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notice
Notice of Hearing on Motion
Thu 01/30 3:29 PM
NOTICE of Hearing on Motion15 MOTION to Amend/Correct Scheduling Order : TELEPHONIC Motion Hearing RESET DUE TO A CONFLICT WITH COUNSEL FOR PLAINTIFF'S SCHEDULE for 2/6/2025 09:15 AM before Magistrate Judge Robert P. Myers, Jr. Movant will place the telephone call to Judge Myers' chambers with all necessary counsel on the line. (SR) |
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| Wednesday, January 29, 2025 | ||
| 15 | 15
motion
Amend/Correct
Wed 01/29 2:49 PM
MOTION to Amend/Correct Scheduling Order by Amanda Paz |
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| Friday, January 24, 2025 | ||
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misc
Docket Annotation
Fri 01/24 12:11 PM
DOCKET ANNOTATION as to #14: (1) Documents filed as exhibits must include an exhibit sticker on the document identifying each exhibit; and (2) The defendant's name must be listed above the attorney's electronic signature as it appears on the docket. It is not necessary to refile. (RLW) |
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| Thursday, January 23, 2025 | ||
| 14 | 14
motion
Compel
Thu 01/23 1:57 PM
MOTION to Compel Deposition by USAA General Indemnity Company(Malatesta, Jacob) |
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Att: 1
Exhibit 1 - Correspondence,
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Att: 2
Exhibit 2 - Correspondence,
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Att: 3
Exhibit 3 - Correspondence,
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Att: 4
Exhibit 4 - Correspondence,
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Att: 5
Exhibit 5 - Correspondence,
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Att: 6
Exhibit 6 - Good Faith Certificate
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| Friday, December 20, 2024 | ||
| 13 | 13
discov
Notice of Service of Response to Request for Production
Fri 12/20 3:28 PM
NOTICE of Service of Response to Interrogatories and Response to Request for Production by USAA General Indemnity Company (Malatesta, Jacob) |
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misc
Docket Annotation
Fri 12/20 3:30 PM
DOCKET ANNOTATION as to # 13. Attorney is advised that this document should also be filed as a Notice of Service of Response to Interrogatories, using the same pdf. (JCH) |
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| Wednesday, November 20, 2024 | ||
| 12 | 12
discov
Notice of Service of Response to Request for Production
Wed 11/20 9:10 AM
First NOTICE of Service of Response to Request for Production by Amanda Paz |
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| 11 | 11
discov
Notice of Service of Response to Interrogatories
Wed 11/20 9:09 AM
First NOTICE of Service of Response to Interrogatories by Amanda Paz |
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| Tuesday, November 12, 2024 | ||
| 10 | 10
discov
Notice of Service of Request for Production
Tue 11/12 1:07 PM
NOTICE of Service of Request for Production by Amanda Paz |
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| 9 | 9
discov
Notice of Service of Interrogatories
Tue 11/12 1:05 PM
NOTICE of Service of Interrogatories by Amanda Paz |
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| Monday, November 11, 2024 | ||
| 8 | 8
discov
Notice of Service of Disclosure
Mon 11/11 1:16 PM
NOTICE of Service of Plaintiff's Initial Disclosure by Amanda Paz |
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| Thursday, November 07, 2024 | ||
| 7 | 7
discov
Notice of Service of Disclosure
Thu 11/07 2:11 PM
NOTICE of Service of Initial Disclosure by USAA General Indemnity Company (Malatesta, Jacob) |
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| Wednesday, November 06, 2024 | ||
| 6 | 6
1
pgs
order
Order on Motion to Appear Pro Hac Vice
Wed 11/06 2:20 PM
ORDER granting5 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Robert P. Myers, Jr on November 6, 2024 (pl) |
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| Tuesday, November 05, 2024 | ||
| 5 | 5
motion
Appear Pro Hac Vice
Tue 11/05 1:35 PM
MOTION for Henry Lawrence Perry to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5540315) by Amanda Paz |
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| Thursday, October 31, 2024 | ||
| 4 | 4
order
Case Management Order
Thu 10/31 11:23 AM
CASE MANAGEMENT ORDER: Disclosure due by 11/8/2024. Jury Trial set during a three-week term of court beginning on 11/3/2025 09:00 AM in Courtroom 706 (Gulfport) before District Judge Taylor B. McNeel. Pretrial Conference set for 10/15/2025 10:00 AM in Courtroom 706 (Gulfport) before District Judge Taylor B. McNeel. Discovery due by 5/5/2025. Motions for Amended Pleadings due by 12/2/2024. Motions for Joinder of Parties due by 12/2/2024. Designate Experts Plaintiff Deadline due by 2/3/2025. Designate Experts for Defendant Deadline due by 3/3/2025. Motions due by 5/19/2025. Settlement Conference set for 2/19/2025 01:30 PM in Courtroom 881 (Gulfport) before Magistrate Judge Robert P. Myers, Jr. ADR Report due by 10/8/2025. Proposed Pretrial Order due by 10/15/2025. EDT: 2-3 days. Parties do not consent. Signed by Magistrate Judge Robert P. Myers, Jr on 10/31/2024 (SR) |
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minutes
Telephonic Case Management Conference
Thu 10/31 11:16 AM
Minute Entry for proceedings held before Magistrate Judge Robert P. Myers, Jr: Telephonic Case Management Conference held on 10/31/2024 with attorneys James R. Reeves, Jr., Henry Perry, and Jacob O. Malatesta. (SR) |
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notice
Notice of Calendar Setting
Thu 10/31 11:25 AM
NOTICE of Calendar Setting: Reminder of the settlement conference previously set for 2/19/2025 01:30 PM in Courtroom 881 (Gulfport) before Magistrate Judge Robert P. Myers, Jr. Counsel are instructed to submit to Judge Myers, seven (7) days prior to the conference, a memorandum (3-page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Myers via e-mail (myers_chambers@mssd.uscourts.gov). LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). Company policies limiting or prohibiting travel will no longer be accepted as a valid excuse for a corporate representative's failure to personally appear at the settlement conference. FAILURE TO APPEAR MAY RESULT IN SANCTIONS. (SR) |
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| Tuesday, October 01, 2024 | ||
| 3 | 3
notice
Rule 16(a) Initial Order
Tue 10/01 10:10 AM
Rule 16(a) Initial Order Telephonic Case Management Conference set for 10/31/2024 09:30 AM before Magistrate Judge Robert P. Myers, Jr. (SR) |
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misc
Docket Annotation
Tue 10/01 9:40 AM
DOCKET ANNOTATION as to # 2. Attorney is advised that this document should have been filed as "State Court Record", which can be found under the "Other Documents" category. Attorney is advised that a Notice of Filing is not necessary and the 50 page state court record could have been filed as the main document. If attorney wished to file the Notice as the main document, the state court record should have been labeled with an exhibit sticker and the letter/number should have been typed in the description. (JCH) |
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| Monday, September 30, 2024 | ||
| 2 | 2
notice
Notice (Other) - DO NOT USE FOR APPEALS OR DISCOVERY
Mon 09/30 2:38 PM
NOTICE of Filing State Court Record by USAA General Indemnity Company re1 Notice of Removal,,,(Malatesta, Jacob) |
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Att: 1
Exhibit State Court Record
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| 1 | 1
notice
Notice of Removal
Mon 09/30 2:26 PM
NOTICE OF REMOVAL by USAA General Indemnity Company from Circuit Court of Harrison County, Mississippi, case number A2402-23-242. ( Filing fee $ 405 receipt number 5510277) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (wld) |
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Att: 1
Exhibit Complaint,
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Att: 2
Exhibit Response to RFA,
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Att: 3
Exhibit Circuit Court Docket,
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Att: 4
Civil Cover Sheet
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