| Court: | txwd |
| Docket #: | 1:16-cv-00031 |
| Case Name: | Mid-Continent Casualty Company v. Christians Development Company, Inc. et al |
| PACER case #: | 792458 |
| Date filed: | 2016-01-19 |
| Assigned to: | Judge David A. Ezra |
| Case Cause: | 28:1332 Diversity-Declaratory Judgement |
| Nature of Suit: | 110 Insurance |
| Jury Demand: | None |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Mid-Continent Casualty Company Counter Defendant |
R. Brent Cooper Robert J. Witmeyer |
| Christians Development Company, Inc. Counter Plaintiff |
Daniel Oren Kustoff Gabriel A. Rodriguez Melanie H. Phipps |
| Aquarena Plaza, LLC Defendant |
Benton Thomas Wheatley Jessica C. Neufeld Tracy L. McCreight |
| Christians Development Company, Inc. Counter Plaintiff |
Daniel Oren Kustoff Gabriel A. Rodriguez Melanie H. Phipps |
| Mid-Continent Casualty Company Counter Defendant |
R. Brent Cooper Robert J. Witmeyer |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2016-01-19 | 1 | 0 | COMPLAINT FOR DECLARATORY RELIEF ( Filing fee $ 400 receipt number 0542-8118250), filed by Mid-Continent Insurance Company. (Attachments: # 1 Civil Cover Sheet)(Cooper, R.) (Entered: 01/19/2016) | |||
| 2016-01-19 | 2 | 0 | REQUEST FOR ISSUANCE OF SUMMONS by Mid-Continent Insurance Company. (Cooper, R.) (Main Document 2 replaced on 1/19/2016 to flatten boxes) (so). (Entered: 01/19/2016) | |||
| 2016-01-19 | 3 | 0 | Certificate of Interested Parties by Mid-Continent Insurance Company. (Cooper, R.) (Main Document 3 replaced on 1/19/2016) (so). (Entered: 01/19/2016) | |||
| 2016-01-19 | 4 | 0 | Summons Issued as to Aquarena Plaza, LLC and Christians Development Company, Inc.. (so) (Entered: 01/19/2016) | |||
| 2016-01-19 | 5 | 0 | Certificate of Interested Parties by Mid-Continent Casualty Company. (Cooper, R.) (Entered: 01/19/2016) | |||
| 2016-02-04 | 6 | 0 | SUMMONS Returned Executed by Mid-Continent Casualty Company. Christians Development Company, Inc. served on 1/21/2016, answer due 2/11/2016. (Witmeyer, Robert) (Entered: 02/04/2016) | |||
| 2016-02-10 | 7 | 0 | MOTION to Dismiss by Christians Development Company, Inc.. (Phipps, Melanie) (Entered: 02/10/2016) | |||
| 2016-02-10 | 8 | 0 | ANSWER to 1 Complaint for Declaratory Judgment, COUNTERCLAIM against Mid-Continent Casualty Company by Christians Development Company, Inc..(Phipps, Melanie) (Entered: 02/10/2016) | |||
| 2016-02-18 | 9 | 0 | MOTION to Dismiss by Aquarena Plaza, LLC. (McCreight, Tracy) (Entered: 02/18/2016) | |||
| 2016-02-18 | 10 | 0 | ANSWER to 1 Complaint . Attorney Tracy L. McCreight added to party Aquarena Plaza, LLC(pty:dft) by Aquarena Plaza, LLC.(McCreight, Tracy) (Entered: 02/18/2016) | |||
| 2016-02-24 | 11 | 0 | RESPONSE to Motion, filed by Mid-Continent Casualty Company, re 7 MOTION to Dismiss filed by Counter Plaintiff Christians Development Company, Inc., 9 MOTION to Dismiss filed by Defendant Aquarena Plaza, LLC (Cooper, R.) (Entered: 02/24/2016) | |||
| 2016-02-25 | 12 | 0 | ORDER REFERRING MOTIONS: 7 MOTION to Dismiss filed by Christians Development Company, Inc., 9 MOTION to Dismiss filed by Aquarena Plaza, LLC. Signed by Judge Lee Yeakel.. Referral Magistrate Judge: Andrew W. Austin. (dm) (Entered: 02/25/2016) | |||
| 2016-03-02 | 13 | 0 | Plaintiff's ANSWER to 8 Answer to Complaint, Counterclaim by Mid-Continent Casualty Company.(Cooper, R.) (Entered: 03/02/2016) | |||
| 2016-03-02 | 14 | 0 | REPLY to Response to Motion, filed by Christians Development Company, Inc., re 7 MOTION to Dismiss filed by Counter Plaintiff Christians Development Company, Inc. (Kustoff, Daniel) (Entered: 03/02/2016) | |||
| 2016-03-02 | 15 | 0 | REPLY to Response to Motion, filed by Aquarena Plaza, LLC, re 9 MOTION to Dismiss filed by Defendant Aquarena Plaza, LLC (McCreight, Tracy) (Entered: 03/02/2016) | |||
| 2016-04-28 | 16 | 0 | REPORT AND RECOMMENDATIONS re 7 Motion to Dismiss filed by Christians Development Company, Inc., 9 Motion to Dismiss filed by Aquarena Plaza, LLC. Signed by Judge Andrew W. Austin. (dm) (Entered: 04/29/2016) | |||
| 2016-05-12 | 17 | 0 | OBJECTION to 16 Report and Recommendations by Mid-Continent Casualty Company.. (Witmeyer, Robert) (Entered: 05/12/2016) | |||
| 2016-05-24 | 18 | 0 | RESPONSE to 17 Objection to Report and Recommendations by Christians Development Company, Inc.. (Kustoff, Daniel) (Entered: 05/24/2016) | |||
| 2016-05-25 | 19 | 0 | RESPONSE to Plaintiffs Objections to the Report and Recommendations to 17 Objection to Report and Recommendations by Aquarena Plaza, LLC. (McCreight, Tracy) (Entered: 05/25/2016) | |||
| 2016-05-31 | 20 | 0 | Reply To Christians Development Company's Response to Plaintiff's Objections to Report and Recommendations to 19 Response by Mid-Continent Casualty Company. (Witmeyer, Robert) Modified on 5/31/2016 to edit text (os). (Entered: 05/31/2016) | |||
| 2016-06-09 | 21 | 0 | ORDER Sustaining in Part and Overruling in Part 16 REPORT AND RECOMMENDATIONS. ORDERED that the Report and Recommendations of the United States Magistrate Judge is REJECTED IN PART on the issue of Plaintiff Mid-Continent Casualty Company's duty to defend. In all other respects, the Report and Recommendations is ACCEPTED AND ADOPTED for substantially the reasons stated therein. GRANTING 7 Motion to Dismiss filed by Christians Development Company, Inc. GRANTING 9 Motion to Dismiss filed by Aquarena Plaza, LLC.. Plaintiff Mid-Continent Casualty Company's request for declaratory relief on the issue of its duty to indemnify Defendant Christians Development Company, Inc. is DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction. Ordered that parties submit a Proposed Agreed Scheduling Order by 7/8/16. Signed by Judge Lee Yeakel.(os) (Entered: 06/09/2016) | |||
| 2016-07-08 | 22 | 0 | Proposed Scheduling Order by Mid-Continent Casualty Company. (Cooper, R.) (Entered: 07/08/2016) | |||
| 2016-07-18 | 23 | 0 | ORDER, ( Initial Pretrial Conference set for 9/6/2016 at 03:00 PM before Judge Lee Yeakel,). Signed by Judge Lee Yeakel. (dm) (Entered: 07/18/2016) | |||
| 2016-07-29 | 24 | 0 | Pretrial Disclosures by Christians Development Company, Inc.. (Attachments: # 1 Exhibit)(Kustoff, Daniel) (Entered: 07/29/2016) | |||
| 2016-09-06 | 25 | 0 | Minute Entry for proceedings held before Judge Lee Yeakel: Non-Evidentiary Initial Pretrial Conference in Chambers held on 9/6/2016 (Minute entry documents are not available electronically). Written order forthcoming. (Court Reporter Arlinda Rodriguez.)(jf) (Entered: 09/06/2016) | |||
| 2016-09-07 | 26 | 0 | SCHEDULING ORDER: Final Pretrial Conference set for 9/28/2017 at 2:00 PM before Judge Lee Yeakel and Bench Trial in the month of October 2017; ADR Report Deadline due by 4/10/2017, Amended Pleadings and Joinder of Parties due by 11/8/2016, Discovery due by 3/9/2017, Motions due by 4/10/2017. Signed by Judge Lee Yeakel. (jf) (Entered: 09/07/2016) | |||
| 2016-11-29 | 27 | 0 | NOTICE of Attorney Unavailability by Christians Development Company, Inc. (Kustoff, Daniel) (Entered: 11/29/2016) | |||
| 2017-02-09 | 28 | 0 | Exhibit List by Christians Development Company, Inc... (Kustoff, Daniel) (Entered: 02/09/2017) | |||
| 2017-02-09 | 29 | 0 | Exhibit List by Aquarena Plaza, LLC.. (McCreight, Tracy) (Entered: 02/09/2017) | |||
| 2017-04-05 | 30 | 0 | Opposed MOTION to Extend Scheduling Order Deadlines by Mid-Continent Casualty Company. (Attachments: # 1 Proposed Order)(Witmeyer, Robert) (Entered: 04/05/2017) | |||
| 2017-04-07 | 31 | 0 | ORDER REASSIGNING CASE. Case reassigned to Judge David A. Ezra for all proceedings. Judge Lee Yeakel no longer assigned to case. Signed by Judge Lee Yeakel. (dm) (Entered: 04/10/2017) | |||
| 2017-04-10 | 32 | 0 | ADR Report Filed - Joint Report Re Alternative Dispute Resolution by Mid-Continent Casualty Company(Witmeyer, Robert) (Entered: 04/10/2017) | |||
| 2017-04-20 | 33 | 0 | ORDER VACATING PRETRIAL CONFERENCE AND TRIAL DATE. Signed by Judge David A. Ezra. (jf) Modified on 6/1/2017 to correct document title(so). (Entered: 04/20/2017) |