Wheeler v. Integon National Insurance Company
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Case #: | 3:25-cv-00583 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Mar 07, 2025 |
| Case in other court: | 196th Judicial District Court, Hunt County, TX, 94505 |
| Last checked: Monday Apr 21, 2025 4:58 AM CDT |
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Defendant
Integon National Insurance Company
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Represented By
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Plaintiff
Rodney A. Wheeler
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Represented By
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| Docket last updated: 6 hours ago |
| Friday, May 16, 2025 | ||
| 23 | 23
order
Order on Motion to Substitute Attorney
Fri 05/16 3:26 PM
ELECTRONIC ORDER: Before the Court is Defendant's Motion for Withdrawal and Substitution of Counsel (the "Motion") (Doc. No. 22). Having carefully considered the same, the Court GRANTS the Motion. Matthew J. Kolodoski of Thompson, Coe, Cousins & Irons, L.L.P. is hereby terminated as counsel of record for Defendant. Attorney Tiffany A. Au of Thompson, Coe, Cousins, & Irons L.L.P is substituted as lead counsel for Defendant in this case. (Ordered by Judge Ed Kinkeade on 5/16/2025) (chmb) |
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| Thursday, May 15, 2025 | ||
| 22 | 22
motion
Substitute Attorney
Thu 05/15 4:29 PM
Unopposed MOTION to Substitute Attorney, & Designate Lead added attorney Tiffany Agatha Au,Tiffany Agatha Au,Tiffany Agatha Au for Integon National Insurance Company. Motion filed by Integon National Insurance CompanyAttorney Tiffany Agatha Au added to party Integon National Insurance Company(pty:dft) (Au, Tiffany) |
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Att: 1
Proposed Order
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| Wednesday, April 30, 2025 | ||
| 21 | 21
adr
Designation of Mediator
Wed 04/30 3:35 PM
Designation of Mediator by Integon National Insurance Company. (Kolodoski, Matthew) |
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| Thursday, April 17, 2025 | ||
| 20 | 20
sealex
Sealed and/or Ex Parte Document
Thu 04/17 1:59 PM
(Document Restricted) Sealed Attorney Contact Information (Sealed pursuant to order dated 4/2/2025) (Cooper, James) |
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| Wednesday, April 16, 2025 | ||
| 19 | 19
sealex
Sealed and/or Ex Parte Document
Wed 04/16 11:32 AM
(Document Restricted) Attorney Contact Info (Sealed pursuant to order dated 4/2/2025) filed by Integon National Insurance Company (Kolodoski, Matthew) |
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| Wednesday, April 02, 2025 | ||
| 18 | 18
order
Scheduling Order
Wed 04/02 1:50 PM
SCHEDULING ORDER: Jury Trial set for 6/1/2026 09:00 AM before Judge Ed Kinkeade. Deadline for mediation is on or before 8/8/2025. Joint Report on mediation due by 8/15/2025. Joinder of Parties due by 7/23/2025. Amended Pleadings due by 7/23/2025. Discovery due by 1/2/2026. Motions due by 2/2/2026. Pretrial Order due by 5/11/2026. Pretrial Materials due by 5/11/2026. (Ordered by Judge Ed Kinkeade on 4/2/2025) (chmb) |
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| Tuesday, April 01, 2025 | ||
| 17 | 17
misc
Status Report
Tue 04/01 11:49 AM
Joint STATUS REPORT re Contents of Scheduling Order filed by Integon National Insurance Company. (Kolodoski, Matthew) |
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| Thursday, March 27, 2025 | ||
| 16 | 16
notice
Notice of Attorney Appearance
Thu 03/27 5:17 PM
NOTICE of Attorney Appearance by James Trenton Cooper on behalf of Rodney A. Wheeler. (Filer confirms contact info in ECF is current.) (Cooper, James) |
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| 15 | 15
cmp
Amended Complaint
Thu 03/27 3:38 PM
FIRST AMENDED COMPLAINT WITH JURY DEMAND against Integon National Insurance Company filed by Rodney A. Wheeler. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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. (agc) |
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| 14 | 14
order
Order on Motion for Leave to File
Thu 03/27 2:43 PM
ELECTRONIC ORDER: Before the Court is Plaintiff's Unopposed Motion for Leave to File Plaintiff's First Amended Complaint (Doc. No. 8). Having carefully considered the Motion, the Court finds that leave to amend should be given. Fed. R. Civ. P. 15(a)(2) ("The court should freely give leave when justice so requires."). Accordingly, the Court GRANTS the Motion. The Clerk is DIRECTED to enter Plaintiff's First Amended Complaint, filed as Doc. No. 8-1, as of the date of this Order. (Ordered by Judge Ed Kinkeade on 3/27/2025) (chmb) |
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| 13 | 13
order
Order
Thu 03/27 2:36 PM
ELECTRONIC ORDER: The Court is in receipt of the parties' Amended Joint Response (Doc. No. 12) (the "Response") to the Court's order (Doc. No. 10) regarding non-party Integon National Insurance Company's ("Integon") removal of this case to federal court invoking the Court's diversity jurisdiction. The Court has carefully reviewed the parties' Response, the applicable law, and the relevant portions of this record. In the Response, Plaintiff affirmatively represents that he does not object to the propriety of the removal. Doc. No. 12 at 5; see 28 U.S.C. § 1441(a) (civil case brought in state court over which a federal court has subject matter jurisdiction may be removed to federal court by the defendant ) (emphasis added). Further, Plaintiff filed an unopposed Motion for Leave to File Plaintiff's First Amended Complaint to correct the name of the defendant, thereby dropping Defendant National General Insurance Company ("NGIC") and adding Integon as the sole, proper defendant in this matter. See generally Doc. No. 8. On this record, the Court concludes that the named parties at the time of removal--Plaintiff Rodney A. Wheeler and Defendant NGIC--are completely diverse in their citizenship. Doc. No. 12 at 4. Further, once Integon is named as the defendant, the parties' citizenship will remain completely diverse. Id. On these specific facts, the Court is satisfied that it may exercise subject matter jurisdiction over this matter. (Ordered by Judge Ed Kinkeade on 3/27/2025) (chmb) |
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| Wednesday, March 26, 2025 | ||
| 12 | 12
respm
Response/Objection
Wed 03/26 4:14 PM
RESPONSE filed by Integon National Insurance Company re: 10 Order,,,,,,,,,,,,,,,, (Kolodoski, Matthew) |
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| Monday, March 24, 2025 | ||
| 11 | 11
respm
Response/Objection
Mon 03/24 2:01 PM
RESPONSE filed by Integon National Insurance Company re: 10 Order,,,,,,,,,,,,,,,, (Kolodoski, Matthew) |
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| Wednesday, March 19, 2025 | ||
| 10 | 10
order
Order
Wed 03/19 3:13 PM
ELECTRONIC ORDER: Integon National Insurance Company ("Integon") removed this case to federal court. See generally Doc. No. 1. In its Notice of Removal, Integon asserts that it was "incorrectly named as 'National General Insurance Company,'" ("NGI") in this matter. Doc. No. 1 at 1. The removal record includes Plaintiff Rodney A. Wheeler's Original Petition (Doc. No. 1-4 at 3-11) which shows that he named NGI, not Integon, as the sole defendant in this action. The record also includes the state court citation and the Affidavit of Service, which issued as to and was served on NGI, not Integon. Doc. No. 1-4 at 27-29. The Original Answer was filed by Integon. Doc. No. 1-4 at 31-36. In the Answer, Integon alleges that Plaintiff incorrectly named NGI as the defendant and asserts that Plaintiff should be ordered to correct its petition and dismiss NGI, or Integon will file a motion to abate the care. Id. at 31-32. However, there is nothing in the removal record evidencing that Plaintiff amended his petition and dismissed NGI or that Integon moved to intervene or otherwise requested the state court substitute it as the proper party in interest prior to removal. "A non-party, even one that claims to be the proper party in interest, is not a defendant and accordingly lacks the authority to remove a case." Valencia v. Allstate Texas Lloyds , 976 F.3d 593, 595 (5th Cir. 2020); accord De Jongh v. State Farm Lloyds , 555 F. App'x 435, 437 (5th Cir. 2014); see also 28 U.S.C. § 1441(a) (civil case brought in state court over which a federal court has subject matter jurisdiction may be removed to federal court by the defendant ) (emphasis added). The record before the Court unequivocally shows that Plaintiff named NGI as the defendant, not Integon, the non-party that removed this case. Under the clear language of § 1441(a) and Fifth Circuit caselaw, the Court believes its jurisdictional inquiry ends here with remand the required result. See Valencia , 976 F.3d at 595 (citing Salazar v. Allstate Tex. Lloyd's, Inc. , 455 F.3d 571, 575 (5th Cir. 2006) ("[W]here an entity has not properly been made a party in state court, removal jurisdiction cannot be premised on its presence in the action."); F.D.I.C. v. Loyd , 955 F.2d 316, 326 (5th Cir. 1992) ("Common sense and the practicalities of pleading dictate that no non-party to a state court proceeding has a mature right to remove that proceeding to federal court."); Hous. Auth. of City of Atlanta, Ga. v. Millwood , 472 F.2d 268, 272 (5th Cir. 1973) (holding that district court lacked subject matter jurisdiction over a matter removed by a non-party). Prior to remanding this case on its own motion, the Court will allow Integon an opportunity to submit any state court documents evidencing that Integon intervened or was otherwise substituted as the proper party in interest for named Defendant NGI prior to removal . Said documents must be submitted to the Court by March 24, 2025. If there are no such documents and Integon is indeed a non-party to this matter, it may file a brief, more than 10 pages in length , by March 24, 2025 , addressing the removal of this case by a non-party and providing legal support for any argument it makes. Plaintiff may file a response to said brief, no more than 5 pages in length , by March 26, 2025. There shall be no reply unless otherwise ordered by the Court. To be sure, the Court assesses removal from the date the case was removed. Thus, Plaintiff's recent Motion for Leave to File Plaintiffs First Amended Complaint is of no moment to this analysis. If Integon fails to timely file either the supporting documentation or a responsive brief or fails to sufficiently address the issue raised herein, the Court will remand this case without further notice . 28 U.S.C. § 1447(c). Finally, this Order in no way affects Plaintiff's right or ability to timely file any motion to remand. (Ordered by Judge Ed Kinkeade on 3/19/2025) (chmb) |
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| Tuesday, March 18, 2025 | ||
| 9 | 9
misc
Certificate Of Interested Persons/Disclosure Statement
Tue 03/18 7:21 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Rodney A. Wheeler. (Clerk QC note: Affiliate entry indicated). (Torry, Jordan) |
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| 8 | 8
motion
Leave to File
Tue 03/18 12:49 PM
Unopposed MOTION for Leave to File Plaintiff's First Amended Complaint filed by Rodney A. Wheeler (Torry, Jordan) |
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Att: 1
Exhibit(s) Ex. A - Plaintiff's First Amended Complaint,
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Att: 2
Proposed Order
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| Monday, March 10, 2025 | ||
| 7 | 7
misc
Certificate Of Interested Persons/Disclosure Statement
Mon 03/10 4:25 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Integon National Insurance Company. (Clerk QC note: No affiliate entered in ECF). (Kolodoski, Matthew) |
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| 6 | 6
order
Order
Mon 03/10 10:05 AM
ELECTRONIC ORDER: In removing this case, Defendant invokes the Court's subject matter jurisdiction under 28 U.S.C. §1332(a). Doc. No. 1 at 3-5. Federal Rule of Civil Procedure 7.1(a)(2) requires an additional disclosure statement in diversity cases. Each party's disclosure statement must "name--and identify the citizenship of--every individual or entity whose citizenship is attributed to that party[.]" Fed. R. Civ. P. 7.1(a)(2) (emphasis added). Defendant timely filed its Certificate of Interested Persons and Rule 7.1 Corporate Disclosure Statement (Doc. No. 2), but there is no disclosure of its State citizenship. Defendant shall file an amended document that also includes this disclosure by March 14, 2025. (Ordered by Judge Ed Kinkeade on 3/10/2025) (chmb) |
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| Friday, March 07, 2025 | ||
| 5 | 5
qcref
Kinkeade
Mon 03/10 9:36 AM
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge McKay). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
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| 4 | 4
6
pgs
order
Order for Scheduling Order Proposal
Fri 03/07 4:19 PM
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 3/7/2025) (chmb) |
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| 3 | 3
6
pgs
order
Order
Fri 03/07 4:18 PM
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 3/7/2025) (chmb) |
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| 2 | 2
misc
Certificate Of Interested Persons/Disclosure Statement
Fri 03/07 3:45 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Integon National Insurance Company. (Clerk QC note: No affiliate entered in ECF). (Kolodoski, Matthew) |
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| 1 | 1
notice
Notice of Removal
Fri 03/07 3:44 PM
NOTICE OF REMOVAL WITH JURY DEMAND filed by Integon National Insurance Company. (Filing fee $405; receipt number ATXNDC-15323340) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific 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. (Kolodoski, Matthew) |
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Att: 1
Cover Sheet,
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Att: 2
Cover Sheet Supplement,
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Att: 3
Exhibit(s) A - Index of Matters Filed,
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Att: 4
Exhibit(s) B B1-B-4 St Ct Docs,
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Att: 5
Exhibit(s) C - List of Parties & Attys,
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Att: 6
Exhibit(s) D - Demand Letter
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