Case Details

CourtSouthern District of Texas
Docket number4:09-cv-01174
Date case filed2009-04-20
Date case closed2010-06-21
Date of latest filing
Assigned toJudge Gray H Miller
Case cause28:1332 Diversity-Declaratory Judgment
Nature of suit110 Insurance
Jury demandNone
Demand
JurisdictionDiversity

Case Parties

Party: Atlantic Casualty Insurance Company
Party type: Plaintiff
Attorney name: Camille Johnson
Attorney Contact:
Savrick Schumann et al
6440 N Central Expwy
Ste 107
Dallas, TX 75206
214-368-1515
Fax: 214-292-9647
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Omar Kilany
Attorney Contact:
HMS
5615 Highpoint Drive
Irving, TX 75038
j972-916-2474
Fax: 214-292-9647
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Crabb River Z Bar Operating, LLC
Party type: Defendant
Attorney name: Michael Paul Fleming
Attorney Contact:
Michael P. Fleming & Associates, P.C.
440 Louisiana
Suite 1920
Houston, TX 77002
(713) 221-6800
Fax: (713) 221-6806
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Crabb River Z Bar LP
Party type: Defendant
Attorney name: Michael Paul Fleming
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Concorp General Partner, Inc.
Party type: Defendant
TERMINATED: 07/17/2009
Attorney name: Richard Lee Rothfelder
Attorney Contact:
Rothfelder and Falick
1201 Louisiana
Ste 550
Houston, TX 77002
713-220-2288
Fax: 713-658-8211
Email: [email protected]
TERMINATED: 07/17/2009 LEAD ATTORNEY
Party: Aaron Bradley Smith
Party type: Defendant
Party: Jaime Smith
Party type: Defendant
Party: EPB General Partner, Inc.
Party type: Defendant
Attorney name: Michael Paul Fleming
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Scottsdale Insurance Company
Party type: Defendant
Attorney name: Peri Hayriye Alkas
Attorney Contact:
Phelps Dunbar LLP
500 Dallas Street
Ste 1300
Houston, TX 77002
713-626-1386
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Scottsdale Insurance Company
Party type: Cross Claimant
Attorney name: Peri Hayriye Alkas
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Crabb River Z Bar Operating, LLC
Party type: Cross Defendant
Attorney name: Michael Paul Fleming
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Crabb River Z Bar LP
Party type: Cross Defendant
Attorney name: Michael Paul Fleming
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Concorp General Partner, Inc.
Party type: Cross Defendant
TERMINATED: 07/17/2009
Attorney name: Richard Lee Rothfelder
Attorney Contact:
(See above for address)
TERMINATED: 07/17/2009 LEAD ATTORNEY
Party: Scottsdale Insurance Company
Party type: Counter Claimant
Attorney name: Peri Hayriye Alkas
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Atlantic Casualty Insurance Company
Party type: Counter Defendant
Attorney name: Camille Johnson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Scottsdale Insurance Company
Party type: Cross Claimant
Attorney name: Peri Hayriye Alkas
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Crabb River Z Bar Operating, LLC
Party type: Cross Defendant
Attorney name: Michael Paul Fleming
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Scottsdale Insurance Company
Party type: Counter Claimant
Attorney name: Peri Hayriye Alkas
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Atlantic Casualty Insurance Company
Party type: Counter Defendant
Attorney name: Camille Johnson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12009-04-20 COMPLAINT against all defendants (Filing fee $ 350 receipt number 05410000000004952759) filed by Atlantic Casualty Insurance Company. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2)(Johnson, Camille) (Entered: 04/20/2009)
22009-04-20 CORPORATE DISCLOSURE STATEMENT by Atlantic Casualty Insurance Company, filed.(Johnson, Camille) (Entered: 04/20/2009)
32009-04-20 CERTIFICATE OF INTERESTED PARTIES by Atlantic Casualty Insurance Company, filed.(Johnson, Camille) (Entered: 04/20/2009)
42009-04-21 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/12/2009 at 09:00 AM in Courtroom 9D before Judge Gray H. Miller.(Signed by Judge Gray H. Miller) Parties notified.(ltien, ) (Entered: 04/21/2009)
52009-06-01 RETURN of Service of SUMMONS Executed as to Concorp General Partner, Inc. served on 5/21/2009, answer due 6/10/2009, filed.(Johnson, Camille) (Entered: 06/01/2009)
62009-06-10 ANSWER to 1 Complaint by Concorp General Partner, Inc., filed.(Rothfelder, Richard) (Entered: 06/10/2009)
72009-06-11 RETURN of Service of SUMMONS Executed as to Aaron Bradley Smith served on 6/4/2009, answer due 6/24/2009, filed.(Johnson, Camille) (Entered: 06/11/2009)
82009-06-11 RETURN of Service of SUMMONS Executed as to Jaime Smith served on 6/4/2009, answer due 6/24/2009, filed.(Johnson, Camille) (Entered: 06/11/2009)
92009-06-16 CERTIFICATE OF INTERESTED PARTIES by Concorp General Partner, Inc., filed.(Rothfelder, Richard) (Entered: 06/16/2009)
102009-06-16 CORPORATE DISCLOSURE STATEMENT by Concorp General Partner, Inc. identifying Edico, Inc. as Corporate Parent, filed.(Rothfelder, Richard) (Entered: 06/16/2009)
112009-07-17 First AMENDED COMPLAINT against all defendants filed by Atlantic Casualty Insurance Company. (Attachments: # 1 Exhibit Certified Copy of Policy, # 2 Exhibit Underlying Pleadings)(Johnson, Camille) (Entered: 07/17/2009)
122009-08-03 MOTION for Extension of Time to serve defendants and conduct Rule 26 Conference by Atlantic Casualty Insurance Company, filed. Motion Docket Date 8/24/2009. (Attachments: # 1 Exhibit 1 - Declaration of Omar Kilany, # 2 Proposed Order)(Johnson, Camille) (Entered: 08/03/2009)
132009-08-07 WAIVER OF SERVICE Returned Executed as to Scottsdale Insurance Company served on 7/31/2009, answer due 9/29/2009, filed.(Johnson, Camille) (Entered: 08/07/2009)
142009-08-07 WAIVER OF SERVICE Returned Executed as to EPB General Partner, Inc. served on 7/28/2009, answer due 9/28/2009, filed.(Johnson, Camille) (Entered: 08/07/2009)
152009-08-07 WAIVER OF SERVICE Returned Executed as to Crabb River Z Bar Operating, LLC served on 7/28/2009, answer due 9/28/2009, filed.(Johnson, Camille) (Entered: 08/07/2009)
162009-08-07 WAIVER OF SERVICE Returned Executed as to Crabb River Z Bar LP served on 7/28/2009, answer due 9/28/2009, filed.(Johnson, Camille) (Entered: 08/07/2009)
172009-08-10 ORDER GRANTING 12 MOTION for Extension of Time to serve defendants and conduct Rule 26 Conference. Plaintiff's deadline to serve all defendants is 11/16/2009. Initial Conference reset for 12/16/2009 at 10:00 AM in Courtroom 9D before Judge Gray H. Miller.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny) (Entered: 08/10/2009)
182009-09-17 ANSWER to 11 Amended Complaint/Counterclaim/Crossclaim etc., CROSSCLAIM against Crabb River Z Bar Operating, LLC, Crabb River Z Bar LP, Concorp General Partner, Inc., COUNTERCLAIM against Atlantic Casualty Insurance Company by Scottsdale Insurance Company, filed. (Attachments: # 1 Exhibit Exhibit A)(Alkas, Peri) (Entered: 09/17/2009)
192009-09-25 ANSWER to 11 Amended Complaint/Counterclaim/Crossclaim etc. by Crabb River Z Bar LP, filed.(Fleming, Michael) (Entered: 09/25/2009)
202009-09-25 ANSWER to 11 Amended Complaint/Counterclaim/Crossclaim etc. by EPB General Partner, Inc., filed.(Fleming, Michael) (Entered: 09/25/2009)
212009-09-25 ANSWER to 11 Amended Complaint/Counterclaim/Crossclaim etc. by Crabb River Z Bar Operating, LLC, filed.(Fleming, Michael) (Entered: 09/25/2009)
222009-09-25 ANSWER to 18 Answer to Amended Complaint,, Crossclaim,, Counterclaim, by Crabb River Z Bar Operating, LLC, filed.(Fleming, Michael) (Entered: 09/25/2009)
232009-09-25 ANSWER to 18 Answer to Amended Complaint,, Crossclaim,, Counterclaim, by Crabb River Z Bar LP, filed.(Fleming, Michael) (Entered: 09/25/2009)
242009-10-07 ANSWER to 18 Answer to Amended Complaint,, Crossclaim,, Counterclaim, by Atlantic Casualty Insurance Company, filed.(Johnson, Camille) (Entered: 10/07/2009)
252009-10-15 MOTION to Consolidate Lead Case No. 4:09-cv-01174 and Member Case No. 4:09-cv-01796( Motion Docket Date 11/4/2009.) by Atlantic Casualty Insurance Company, filed. (Attachments: # 1 Proposed Order)(Kilany, Omar) Modified on 10/15/2009 (mrios, ). (Entered: 10/15/2009)
262009-10-19 ORDER granting 25 Motion to Consolidate Cases: Lead Case No. 09-1174 and Member Case No. 09-1796.(Signed by Judge Gray H. Miller) Parties notified.(esmith, ) (Entered: 10/21/2009)
272009-11-20 NOTICE of Initial Disclosures by Scottsdale Insurance Company, filed. (Alkas, Peri) [Per attorney's office, this document was filed in error, a corrected document will be filed.] Modified on 11/20/2009 (bdaniel, ). (Entered: 11/20/2009)
282009-11-20 NOTICE of Initial Disclosures by Scottsdale Insurance Company, filed. (Alkas, Peri) (Entered: 11/20/2009)
292009-12-09 NOTICE of Initial Disclosures by Atlantic Casualty Insurance Company, filed. (Kilany, Omar) (Entered: 12/09/2009)
302009-12-14 Joint JOINT DISCOVERY/CASE MANAGEMENT PLAN by Atlantic Casualty Insurance Company, filed.(Kilany, Omar) (Entered: 12/14/2009)
312009-12-14 AGREED SCHEDULING ORDER. ETT: 10 days. Jury trial.( Amended Pleadings due by 2/26/2010, Joinder of Parties due by 1/26/2010, Pltf Expert Witness List due by 3/5/2010, Deft Expert Witness List due by 4/2/2010, Discovery due by 5/14/2010, Mediation due by 4/30/2010, Dispositive Motion Filing due by 5/27/2010, Non-Dispositive Motion Filing due by 5/27/2010, Joint Pretrial Order due by 8/20/2010, Docket Call set for 8/27/2010 at 10:00 AM in Courtroom 9D before Judge Gray H. Miller). The initial pretrial/scheduling conference set 12/16/2009 is CANCELLED.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny) (Entered: 12/14/2009)
322010-02-03 Letter from Camille Johnson re: Scheduling from 2/22/10 thru 2/26/10, filed. (lfilmore, ) (Entered: 02/03/2010)
332010-02-26 MOTION for Leave to File Plaintiff's Second Amended Complaint by Atlantic Casualty Insurance Company, filed. Motion Docket Date 3/19/2010. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Kilany, Omar) (Entered: 02/26/2010)
342010-02-26 Unopposed MOTION for Leave to File Plaintiff's Second Amended Complaint (corrected certificate of conference) by Atlantic Casualty Insurance Company, filed. Motion Docket Date 3/19/2010. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Kilany, Omar) (Entered: 02/26/2010)
352010-03-05 NOTICE Designation of Experts by Atlantic Casualty Insurance Company, filed. (Kilany, Omar) (Entered: 03/05/2010)
362010-03-05 NOTICE of Expert Designations by Scottsdale Insurance Company, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Alkas, Peri) (Entered: 03/05/2010)
372010-03-29 ORDER Granting 34 Amended unopposed Motion for Leave to File second amended complaint; TERMINATING 33 Motion for Leave to File.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny) (Entered: 03/29/2010)
382010-03-30 Second AMENDED Complaint against Concorp General Partner, Inc., Crabb River Z Bar LP, Crabb River Z Bar Operating, LLC, EPB General Partner, Inc., Scottsdale Insurance Company, Aaron Bradley Smith, Jaime Smith filed by Atlantic Casualty Insurance Company.(Johnson, Camille) (Entered: 03/30/2010)
392010-04-09 ANSWER to 38 Amended Complaint/Counterclaim/Crossclaim etc., with Jury Demand, CROSSCLAIM against Crabb River Z Bar Operating, LLC, COUNTERCLAIM against Atlantic Casualty Insurance Company by Scottsdale Insurance Company, filed.(Alkas, Peri) (Entered: 04/09/2010)
402010-04-09 Second AMENDED ANSWER to 38 Amended Complaint/Counterclaim/Crossclaim etc., by Crabb River Z Bar LP, filed. (Fleming, Michael) (Entered: 04/09/2010)
412010-04-09 Second AMENDED ANSWER to 38 Amended Complaint/Counterclaim/Crossclaim etc., by Crabb River Z Bar Operating, LLC, filed. (Fleming, Michael) (Entered: 04/09/2010)
422010-04-09 Second AMENDED ANSWER to 38 Amended Complaint/Counterclaim/Crossclaim etc., by EPB General Partner, Inc., filed. (Fleming, Michael) (Entered: 04/09/2010)
432010-04-22 ANSWER to 39 Answer to Amended Complaint, Crossclaim, Counterclaim by Atlantic Casualty Insurance Company, filed.(Johnson, Camille) (Entered: 04/22/2010)
442010-04-23 Joint MOTION for Extension of Time Mediation Deadline by Atlantic Casualty Insurance Company, filed. Motion Docket Date 5/14/2010. (Attachments: # 1 Proposed Order)(Johnson, Camille) (Entered: 04/23/2010)
452010-04-30 ORDER GRANTING 44 Joint MOTION for Extension of Time Mediation Deadline.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny) (Entered: 04/30/2010)
462010-05-20 MOTION for Summary Judgment by Scottsdale Insurance Company, filed. Motion Docket Date 6/10/2010. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Proposed Order)(Alkas, Peri) (Entered: 05/20/2010)
472010-05-20 MOTION for Summary Judgment Against Scottsdale Insurance Company by Atlantic Casualty Insurance Company, filed. Motion Docket Date 6/10/2010. (Attachments: # 1 Appendix, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Johnson, Camille) (Entered: 05/20/2010)
482010-05-26 MOTION for Summary Judgment Against the Crabb River Defendants, filed. Motion Docket Date 6/16/2010. (Attachments: # 1 Appendix, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Johnson, Camille) (Entered: 05/26/2010)
492010-06-14 NOTICE of Settlement by Atlantic Casualty Insurance Company, filed. (Johnson, Camille) (Entered: 06/14/2010)
502010-06-21 CONDITIONAL ORDER OF DISMISSAL. Case is dismissed without prejudice. 49 Notice of Settlement. Case terminated on June 21, 2010.(Signed by Judge Gray H. Miller) Parties notified.(jegonzalez, ) (Entered: 06/21/2010)