Garcia v. Metropolitan Lloyds Insurance Company of Texas

Case summary

Garcia v. Metropolitan Lloyds Insurance Company of Texas is a federal court case on the docket of the District Court, N.D. Texas, where it is recorded under case number 1:15-cv-00059. It was filed on March 24, 2015 and terminated on April 28, 2016. Court records list 3 parties, among them Nigel Goad (Defendant) and Metropolitan Lloyds Insurance Company of Texas (Defendant). The docket classifies the matter under the nature of suit "110 Contract: Insurance", with the cause of action recorded as 28:1446 Notice of Removal. Jorge A Solis is the judge assigned to the case. The public docket contains 33 entries. The most recent entry, dated April 28, 2016, reads: 30 day Order of Dismissal. The parties have advised the Court they have reached a settlement. Therefore, the Court dismisses all claims by all Parties without prejudice for 30….

Parties

• Nigel GoadDefendant
• Metropolitan Lloyds Insurance Company of TexasDefendant
• Kelly GarciaPlaintiff

Docket entries

33 entries on the public docket.

1. Entry 33April 28, 2016

   30 day Order of Dismissal. The parties have advised the Court they have reached a settlement. Therefore, the Court dismisses all claims by all Parties without prejudice for 30 days subject to the Parties' right to reopen the case during that time if a settlement agreement is not reached. (Ordered by Chief Judge Jorge A Solis on 4/28/2016) (jgf) (Entered: 04/28/2016)

2. Entry 32March 3, 2016

   DEFENDANT NIGEL GOAD'S FIRST AMENDED ANSWER to Complaint filed by Nigel Goad. (jgf) (Entered: 03/03/2016)

3. Entry 31March 3, 2016

   DEFENDANTS' FIRST AMENDED ANSWER to Complaint filed by Nigel Goad and Metropolitan Lloyds Insurance Company of Texas. (jgf) (Entered: 03/03/2016)

4. Entry 30March 3, 2016

   FIRST AMENDED ANSWER to Complaint filed by Metropolitan Lloyds Insurance Company of Texas. 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: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (jgf) (Entered: 03/03/2016)

5. Entry 29March 3, 2016

   ORDER granting 26 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) The Clerk shall electronically file Defendants' amended answers pursuant to NDTexR 15.1(b). (Ordered by Magistrate Judge E. Scott Frost on 3/3/2016) (jgf) (Entered: 03/03/2016)

6. Entry 28March 1, 2016

   DEFENDANTS' RULE 26(a)(2) EXPERT DISCLOSURES by Nigel Goad, Metropolitan Lloyds Insurance Company of Texas. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s)) (Conder, Dennis) Modified on 3/2/2016 (jgf). (Entered: 03/01/2016)

7. Entry 27March 1, 2016

   MOTION Defendants' Motion to Exclude the Testimony of Plaintiff's Expert Kerry Freeman filed by Metropolitan Lloyds Insurance Company of Texas (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Proposed Order) (Conder, Dennis) (Entered: 03/01/2016)

8. Entry 26February 29, 2016

   MOTION for Leave to File First Amended Answers filed by Metropolitan Lloyds Insurance Company of Texas (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Proposed Order) (Conder, Dennis) (Entered: 02/29/2016)

9. Entry 25February 1, 2016

   Designation of Experts by Kelly Garcia. (Willis, James) (Entered: 02/01/2016)

10. Entry 24February 1, 2016

    NOTICE of Attorney Appearance by James Winston Willis on behalf of Kelly Garcia. (Filer confirms contact info in ECF is current.) (Willis, James) (Entered: 02/01/2016)

11. Entry 23December 3, 2015

    OBJECTION to 22 Findings and Recommendations of The United States Magistrate Judge. (Attachments: # 1 Exhibit(s) Judge Atlas's Order, # 2 Exhibit(s) Judge Johnson's Order) (Daly, Richard) (Entered: 12/03/2015)

12. Entry 22November 19, 2015

    Report and Recommendations re: 17 Motion to Remand filed by Kelly Garcia and 20 Response/Objection filed by Metropolitan Lloyds Insurance Company of Texas. The Court finds Plaintiff's claims against Goad to be boilerplate and conclusory, lacking any basis in fact. Accordingly, because Metropolitan Lloyds has met its heavy burden of demonstrating that Goad has been improperly joined, the Court recommends that Goad's Texas citizenship be disregarded. Because the properly-joined parties are completely diverse, the Court RECOMMENDS that Plaintiff's motion to remand be DENIED. (Ordered by Magistrate Judge E. Scott Frost on 11/19/2015) (jgf) (Entered: 11/19/2015)

13. Entry 21November 17, 2015

    ORDER granting 19 Plaintiff's Unopposed Motion to Delay Consideration of and Suspend Plaintiff's Time to Respond to Defendant's Motion to Sever and Abate. If Plaintiff's Motion to Remand is ultimately denied, Plaintiff shall respond to Defendant's Motion to Sever and Abate within seven days of the denial. (Ordered by Magistrate Judge E. Scott Frost on 11/17/2015) (jgf) Modified on 11/18/2015 (jgf). (Entered: 11/17/2015)

14. Entry 20October 23, 2015

    RESPONSE filed by Metropolitan Lloyds Insurance Company of Texas re: 17 MOTION to Remand and Brief in Support (Conder, Dennis) (Entered: 10/23/2015)

15. Entry 19October 5, 2015

    MOTION to Delay Consideration of and Suspend Plaintiff's Time to Respond to Defendant's Motion to Sever and Abate re 16 MOTION to Sever and Abate, 17 MOTION to Remand and Brief in Support filed by Kelly Garcia (Attachments: # 1 Proposed Order Proposed Order) (Daly, Richard) (Entered: 10/05/2015)

16. Entry 18October 2, 2015

    Appendix in Support filed by Kelly Garcia re 17 MOTION to Remand and Brief in Support (Daly, Richard) (Entered: 10/02/2015)

17. Entry 17October 2, 2015

    MOTION to Remand and Brief in Support filed by Kelly Garcia with Brief/Memorandum in Support. (Daly, Richard) Modified on 11/18/2015 (jgf). (Entered: 10/02/2015)

18. Entry 16September 15, 2015

    MOTION to Sever and Abate filed by Metropolitan Lloyds Insurance Company of Texas with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Proposed Order) (Conder, Dennis) (Entered: 09/15/2015)

19. Entry 15September 14, 2015

    Designation of lead counsel Richard D Daly for Plaintiff Kelly Garcia. (Daly, Richard) (Entered: 09/14/2015)

20. Entry 14July 30, 2015

    Pretrial Disclosures filed by Metropolitan Lloyds Insurance Company of Texas. (Conder, Dennis) (Entered: 07/30/2015)

21. Entry 13June 10, 2015

    PRETRIAL SCHEDULING ORDER: Parties shall comply with FRCP by 07/01/2015. Joinder of Parties due by 10/1/2015. Plaintiff's amended pleadings due by 01/04/2016. Defendant's Amended Pleadings due by 1/18/2016. Any motions to sever or abate due by 09/15/15. Plaintiff shall designate expert witnesses by 02/01/2016. Defendant shall designate expert witnesses by 03/01/2016. Discovery due by 4/4/2016. Motions due by 3/1/2016. Any requests for extensions of these deadlines will be viewed with disfavor and will be denied, absent a showing of good cause. (Ordered by Magistrate Judge E. Scott Frost on 6/10/2015) (mmg) (Entered: 06/10/2015)

22. Entry 12May 29, 2015

    Proposal for contents of scheduling and discovery order by Kelly Garcia, Metropolitan Lloyds Insurance Company of Texas. (Conder, Dennis) (Entered: 05/29/2015)

23. Entry 11May 1, 2015

    ORDER REQUIRING ATTORNEY CONFERENCE AND PROPOSAL FOR CONTENTS OF SCHEDULING AND DISCOVERY ORDER: Joint Proposal due by 6/1/2015 (Ordered by Magistrate Judge E. Scott Frost on 5/1/2015) (jgf) (Entered: 05/01/2015)

24. Entry 10April 10, 2015

    ELECTRONIC STANDING ORDER OF REFERENCE: Under the authority of 28 U.S.C ยง 636(b), this case is hereby referred to United States Magistrate Judge Scott Frost for pretrial management. All nondispositive motions, pending or prospective, are referred to the Magistrate Judge for determination. All dispositive motions, pending or prospective, are referred to the Magistrate Judge for report and recommendation. All other pretrial matters, including scheduling and alternative dispute resolution, are referred to the Magistrate Judge for appropriate action consistent with applicable law. The Magistrate Judge is to notify the court when the case is ready for a trial setting. Unless terminated earlier by the District Judge, the referral for case management shall terminate upon the completion of pretrial management as shown by the notice issued by the Magistrate Judge that returns the case to the District Judge. (Ordered by Chief Judge Jorge A Solis on 4/10/2015) (chmb) (Entered: 04/10/2015)

25. Entry 9April 10, 2015

    ELECTRONIC ORDER granting 8 Plaintiff's Unopposed Motion for Leave to Proceed without Local Counsel until After Mediation. The Court hereby grants Plaintiff leave to proceed with this case without benefit of local counsel until after the parties mediate this matter. If mediation is unsuccessful, Plaintiff shall designate local counsel within thirty days of the mediation. (Ordered by Chief Judge Jorge A Solis on 4/10/2015) (chmb) (Entered: 04/10/2015)

26. Entry 8April 9, 2015

    Unopposed MOTION for Leave to File Plaintiff's Unopposed Motion for Leave to Proceed Without Local Counsel Until After Mediation filed by Kelly Garcia (Attachments: # 1 Proposed Order) (Daly, Richard) (Entered: 04/09/2015)

27. Entry 7April 6, 2015

    CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kelly Garcia. (Daly, Richard) (Entered: 04/06/2015)

28. Entry 6April 6, 2015

    DEMAND for Trial by Jury by Kelly Garcia. (Daly, Richard) (Entered: 04/06/2015)

29. Entry 5March 25, 2015

    Notice and Instruction to Pro Se Party (mmg) (Entered: 03/25/2015)

30. Entry 4March 25, 2015

    New Case Notes: A filing fee has been paid. File to Judge Solis. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Frost). Clerk to provide copy to plaintiff if not received electronically. (mmg) (Entered: 03/25/2015)

31. Entry 3March 24, 2015

    ADDITIONAL ATTACHMENTS to 1 Notice of Removal,,,, by Defendant Metropolitan Lloyds Insurance Company of Texas. (Conder, Dennis) (Entered: 03/24/2015)

32. Entry 2March 24, 2015

    CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Metropolitan Lloyds Insurance Company of Texas. (Conder, Dennis) (Entered: 03/24/2015)

33. Entry 1March 24, 2015

    NOTICE OF REMOVAL filed by Metropolitan Lloyds Insurance Company of Texas. (Filing fee $400; receipt number 0539-6682813) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy 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: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet, # 2 Cover Sheet Supplement) (Conder, Dennis) (Entered: 03/24/2015)