Case details

Court: txsd
Docket #: 3:11-cv-00019
Case Name: Galleria Collision, Inc. v. Allied Property and Casualty Insurance Company
PACER case #: 857291
Date filed: 2010-11-17
Assigned to: Judge Kenneth M. Hoyt
Referred to: Magistrate Judge John R Froeschner
Case Cause: 28:1331 Fed. Question: Insurance Contract
Nature of Suit: 110 Insurance
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Galleria Collision, Inc.
Plaintiff
Plaintiff
Danny M Sheena
The Sheena Law Firm 1001 Texas Ave Suite 240 Houston, TX 77002 713-224-6508 Fax: 703-225-1560 Email: danny@sheenalawfirm.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Allied Property and Casualty Insurance Company
Defendant
Defendant
Christian D H Schultz
Kirkland and Ellis LLP 655 Fifteenth St NW Washington, DC 20005-5793 202-879-5043 Fax: 202-654-9409 Email: cschultz@kirkland.com
ATTORNEY TO BE NOTICED

Edward H Meyers
Kirkland and Ellis LLP 655 Fifteenth St N W Washington, DC 20005 202-879-5257 Email: edward.meyers@kirkland.com
ATTORNEY TO BE NOTICED

Jesse Bush Butler
Thompson Coe 701 Brazos Ste 1500 Austin, TX 78701 512-703-5081 Fax: 512-708-8777 Email: JButler@thompsoncoe.com
ATTORNEY TO BE NOTICED

Stephanie Simons Rojo
Thompson Coe Cousins & Irons 701 Brazos Ste. 1500 Austin, TX 78701 512-703-5047 Fax: 512-708-8777 Email: srojo@thompsoncoe.com
ATTORNEY TO BE NOTICED

George Howard Arnold
Thompson Coe et al One Riverway Ste 1600 Houston, TX 77056 713-403-8210 Fax: 713-403-8299 Email: garnold@thompsoncoe.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-11-17 1 0 NOTICE OF REMOVAL from 295th JDC/Harris County, case number 2010-58030 (Filing fee $ 350 receipt number 0541-7257973) filed by Allied Property and Casualty Insurance Company. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Index of Matters Being Filed, # 4 Exhibit List of Counsel, # 5 Exhibit State Court Notice of Removal)(Arnold, George) (Entered: 11/17/2010)
2010-11-19 2 0 First CERTIFICATE OF INTERESTED PARTIES by Galleria Collision, Inc., filed.(Sheena, Danny) (Entered: 11/19/2010)
2010-11-19 3 0 NOTICE of Appearance by Danny M. Sheena, P.E. on behalf of Galleria Collision, Inc., filed. (Sheena, Danny) (Entered: 11/19/2010)
2010-11-19 4 0 DEMAND for Trial by Jury by Galleria Collision, Inc., filed.(Sheena, Danny) (Entered: 11/19/2010)
2010-11-23 5 0 MOTION to Dismiss (Partial) by Allied Property and Casualty Insurance Company, filed. Motion Docket Date 12/14/2010. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Schultz, Christian) (Entered: 11/23/2010)
2010-12-02 6 0 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Scheduling Order Deadline date 1/12/2011.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, ) (Entered: 12/02/2010)
2010-12-02 7 0 ORDER in a removed case. Statement due within ten days.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny) (Entered: 12/02/2010)
2010-12-03 8 0 CERTIFICATE OF SERVICE IN A REMOVED ACTION by Allied Property and Casualty Insurance Company, filed.(Rojo, Stephanie) (Entered: 12/03/2010)
2010-12-09 9 0 STATEMENT Regarding Removal by Allied Property and Casualty Insurance Company, filed.(Schultz, Christian) (Entered: 12/09/2010)
2010-12-09 10 0 CERTIFICATE OF INTERESTED PARTIES by Allied Property and Casualty Insurance Company, filed.(Schultz, Christian) (Entered: 12/09/2010)
2010-12-10 11 0 NOTICE of Appearance by Jesse B. Butler on behalf of Allied Property and Casualty Insurance Company, filed. (Butler, Jesse) (Entered: 12/10/2010)
2010-12-14 12 0 First AMENDED with Jury Demand against Allied Property and Casualty Insurance Company filed by Galleria Collision, Inc.. (Attachments: # 1 Exhibit A, Report of Gregory T. Becker, PE)(Sheena, Danny) (Entered: 12/14/2010)
2010-12-14 13 0 RESPONSE to 5 MOTION to Dismiss (Partial) MOTION to Dismiss (Partial) filed by Galleria Collision, Inc.. (Attachments: # 1 Proposed Order)(Sheena, Danny) (Entered: 12/14/2010)
2010-12-17 14 0 CERTIFICATE OF INTERESTED PARTIES by Galleria Collision, Inc., filed.(Sheena, Danny) (Entered: 12/17/2010)
2010-12-22 15 0 MOTION to Abate by Allied Property and Casualty Insurance Company, filed. Motion Docket Date 1/12/2011. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Schultz, Christian) (Entered: 12/22/2010)
2010-12-28 16 0 Renewed MOTION to Dismiss (Partial) by Allied Property and Casualty Insurance Company, filed. Motion Docket Date 1/18/2011. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(Schultz, Christian) (Entered: 12/28/2010)
2010-12-31 17 0 First RESPONSE TO DEFENDANT'S PLEA IN ABATEMENT, filed by Galleria Collision, Inc.. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit)(Sheena, Danny) (Entered: 12/31/2010)
2011-01-03 18 0 NOTICE of Transfer. Agreement between the Judges. Parties notified, filed. (jegonzalez, ) (Entered: 01/03/2011)
2011-01-06 19 0 ERROR IN DOCKETING. IMAGE DID NOT ATTACH. ORDER REFERRING CASE to Magistrate Judge John R Froeschner.(Signed by Judge Kenneth M. Hoyt) Parties notified.(ccarnew, ) Modified on 1/6/2011 (ccarnew, ). (Entered: 01/06/2011)
2011-01-06 20 0 ORDER REFERRING CASE to Magistrate Judge John R Froeschner.(Signed by Judge Kenneth M. Hoyt) Parties notified.(ccarnew, ) (Entered: 01/06/2011)
2011-01-07 21 0 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Allied Property and Casualty Insurance Company, filed.(Schultz, Christian) (Entered: 01/07/2011)
2011-01-11 22 0 REPLY in Support of 15 MOTION to Abate, filed by Allied Property and Casualty Insurance Company. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Schultz, Christian) (Entered: 01/11/2011)
2011-01-14 23 0 NOTICE of Setting re: 15 MOTION to Abate, 5 MOTION to Dismiss (Partial) 16 Renewed MOTION to Dismiss (Partial). Parties notified....***** Motion Hearing set for 2/3/2011 at 11:00 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner, in Galveston, Tx, filed. (sanderson, ) (Entered: 01/14/2011)
2011-01-20 24 0 INITIAL DISCLOSURES by Allied Property and Casualty Insurance Company, filed.(Schultz, Christian) (Entered: 01/20/2011)
2011-01-27 25 0 INITIAL DISCLOSURES by Galleria Collision, Inc., filed.(Sheena, Danny) (Entered: 01/27/2011)
2011-01-27 26 0 NOTICE OF PLAINTIFFS FAILURE TO TIMELY OPPOSE re: 16 Renewed MOTION to Dismiss (Partial)Renewed MOTION to Dismiss (Partial) by Allied Property and Casualty Insurance Company, filed. (Schultz, Christian) (Entered: 01/27/2011)
2011-01-27 27 0 SURREPLY to 15 MOTION to Abate, filed by Galleria Collision, Inc.. (Sheena, Danny) (Entered: 01/27/2011)
2011-01-28 28 0 RESPONSE to 5 MOTION to Dismiss (Partial) MOTION to Dismiss (Partial), 16 Renewed MOTION to Dismiss (Partial)Renewed MOTION to Dismiss (Partial) filed by Galleria Collision, Inc.. (Sheena, Danny) (Entered: 01/28/2011)
2011-01-31 29 0 REPLY in Support of 16 Renewed MOTION to Dismiss (Partial)Renewed MOTION to Dismiss (Partial), filed by Allied Property and Casualty Insurance Company. (Attachments: # 1 Exhibit)(Schultz, Christian) (Entered: 01/31/2011)
2011-02-02 30 0 NOTICE of Appearance by Edward H. Meyers on behalf of Allied Property and Casualty Insurance Company, filed. (Meyers, Edward) (Entered: 02/02/2011)
2011-02-03 31 0 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. MOTION HEARING held on 2/3/2011 ; Motion-related deadline set re: 15 MOTION to Abate, 5 MOTION to Dismiss (Partial) 16 Renewed (Partial) MOTION to Dismiss. Appearances:Hung Michael Nguyen f/Pltf. Edward H Meyers f/Dft.(ERO:Y)....Motions ruled on. Order to follow, filed.(sanderson, ) (Entered: 02/07/2011)
2011-02-07 32 0 ORDER granting 15 Motion to Abate and this action is ABATED. It is further ORDERED that Pltf SHALL by 2/11/11 provide Dft with written Notice of Claim in compliance with Texas Insurance Code. It is further ORDERED that Dft SHALL by 2/16/11 file objections, if any, to Pltf's Notice of Claim. It is further ORDERED that, in the absence of objections, the Abatement WILL automatically TERMINATE on 4/18/11. It is further ORDERED that this Court WILL conduct a Telephone Status / Scheduling Conference on 4/22/11 @ 10:30 a.m.. The Court WILL defer any consideration of Dft's Motion for Partial Dismissal until after the Abatement has terminated.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, ) (Entered: 02/07/2011)
2011-02-11 33 0 NOTICE of Amended Notice of Claim re: 32 Order on Motion to Abate,, by Galleria Collision, Inc., filed. (Attachments: # 1 Exhibit amended Notice of Claim)(Sheena, Danny) (Entered: 02/11/2011)
2011-02-16 34 0 OBJECTIONS to 33 Notice (Other), filed by Allied Property and Casualty Insurance Company. (Attachments: # 1 Proposed Order)(Meyers, Edward) (Entered: 02/16/2011)
2011-02-22 35 0 ORDER 34 Objections to Pltf's Ntc of Claim of Dft Allied are OVERRULED. It is further ORDERED that the automatic termination date of the abatement previously imposed by this Court REMAINS Monday, 4/18/11. It is further ORDERED that the Status/Scheduling Conference, by telephone, REMAINS set for Friday, 4/22/11 @ 10:30 a.m..(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, ) (Entered: 02/22/2011)
2011-04-22 36 0 INITIAL SCHEDULING ORDER..(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, ) (Entered: 04/22/2011) 2011-06-09 16:06:50 57874b607848f20d71f30944da505854d5cf0b10
2011-05-09 37 0 REPORT AND RECOMMENDATIONS re 5 MOTION to Dismiss (Partial) and 16 Renewed MOTION to Dismiss (Partial) be DENIED; Objections to R&R due by 5/24/2011.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, ) (Entered: 05/09/2011)
2011-06-09 38 0 ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: denying 5 MOTION to Dismiss (Partial) MOTION to Dismiss (Partial), denying 16 Renewed MOTION to Dismiss (Partial)Renewed MOTION to Dismiss (Partial).(Signed by Judge Kenneth M. Hoyt) Parties notified.(ccarnew, ) (Entered: 06/09/2011)