DARCEL JONES v. ACE AMERICAN INSURANCE COMPANY Et Al Docket

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CM/ECF LIVE - U.S. District Court:txed https://ecf.txed.uscourts.gov/cgi-bin/DktRpt.pl?1735003447888...

CLOSED, JURY, MEDIATION

U.S. District Court [LIVE]


Eastern District of TEXAS (Beaumont)
CIVIL DOCKET FOR CASE #: 1:07-cv-00074-MAC

Jones v. Ace American Insurance Company et al Date Filed: 02/07/2007


Assigned to: Judge Marcia A. Crone Date Terminated: 07/06/2007
Demand: $75,000 Jury Demand: Both
Cause: 28:1332 Diversity-Notice of Removal Nature of Suit: 110 Insurance
Jurisdiction: Diversity
Plaintiff
Darcel Jones represented by Michael Patrick Doyle
Doyle Raizner LLP
1221 McKinney
Suite 4100
Houston, TX 77010
713/571-1146
Fax: 17135711148
Email: mdoyle@doyleraizner.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jeffrey Lewis Raizner


Doyle Raizner LLP
1221 McKinney
Suite 4100
Houston, TX 77010
713/571-1146
Fax: 713/571-1148
Email: jraizner@doyleraizner.com
ATTORNEY TO BE NOTICED

V.
Defendant
Ace American Insurance Company represented by Christopher Weldon Martin
Martin Disiere Jefferson & Wisdom
808 Travis
Suite 1800
Houston, TX 77002
713-632-1700

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Fax: 17132220101
Email: martin@mdjwlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard Andrew Schulz


Martin Disiere Jefferson & Wisdom -
Houston
808 Travis
Suite 1800
Houston, TX 77002
512-610-4425
Fax: 512-610-4401
Email: schulz@mdjwlaw.com
ATTORNEY TO BE NOTICED

Defendant
ESIS, Inc represented by Christopher Weldon Martin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard Andrew Schulz


(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Linda Alsbrook represented by Christopher Weldon Martin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard Andrew Schulz


(See above for address)
ATTORNEY TO BE NOTICED

Date Filed # Docket Text


02/07/2007 1 NOTICE OF REMOVAL by all defendants from Jefferson County, Texas, case
number B-0177586. (Filing fee $ 350; Receipt #1-1-3563), (Attachments: # 1
Civil Cover Sheet & Letter # 2 Exhibit A # 3 Exhibit B # 4 Exhibit C # 5 Orig
Ans w/jury demand by all Dfts to Pla's Orig Petition # 6 Orig Petition w/jury
demand # 7 Exhibit D List of Parties & Attys # 8 Exhibit E Part 1 of 2 # 9
Exhibit E Part 2 of 2 # 10 Exhibit F)(aam, ) (Entered: 02/09/2007)

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02/07/2007 2 REMOVAL STATEMENT by ACE American Insurance Company, ESIS, Inc &
Linda Alsbrook (aam, ) (Entered: 02/09/2007)
02/07/2007 3 NOTICE OF REMOVAL TO PARTIES by Ace American Insurance Company,
ESIS, Inc & Linda Alsbrook (aam, ) (Entered: 02/09/2007)
02/07/2007 4 CERTIFICATE OF NOTICE OF FILING by ACE American Insurance
Company, ESIS, Inc & Linda Alsbrook (aam, ) (Entered: 02/09/2007)
02/09/2007 5 Magistrate Consent Form sent electronically to all counsel of record (aam, )
(Entered: 02/09/2007)
02/09/2007 6 NOTICE of Disclosure by Darcel Jones (Doyle, Michael) (Entered: 02/09/2007)
02/26/2007 7 ORDER GOVERNING PROCEEDINGS. Rule 26(f) attorney conference must
occur by 3/9/07. Rule 16 management/scheduling conference set for 4/19/2007
at 9:30 AM in Ctrm 2 (Beaumont). Signed by Judge Ron Clark on 2/23/07. (tkd,
) (Entered: 02/27/2007)
03/09/2007 8 MOTION to Remand by Darcel Jones. (Attachments: ? # 1 Exhibit A? # 2
Exhibit B? # 3 Exhibit C? # 4 Proposed Order)(Raizner, Jeffrey) Modified on
3/12/2007 (tkd, ). (Entered: 03/09/2007)
03/12/2007 9 ORDER REASSIGNING CASE to Judge Marcia A. Crone for all further
proceedings. Judge Ron Clark no longer assigned to case. The case management
conference previously set for 4/19/07 is CANCELLED. Signed by Judge Ron
Clark on 3/10/07. (tkd, ) (Entered: 03/12/2007)
03/26/2007 10 RESPONSE to Motion re 8 MOTION to Remand filed by Linda Alsbrook, Ace
American Insurance Company, ESIS, Inc. (Attachments: # 1 Exhibit A# 2
Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8
Exhibit H# 9 Exhibit I)(Schulz, Richard) (Entered: 03/26/2007)
04/11/2007 11 ORDER to conduct Rule 26(f) conference no later than May 9, 2007. Signed by
Judge Marcia A. Crone on 4/11/07. (bjc, ) (Entered: 04/12/2007)
04/17/2007 12 ORDER REFERRING CASE to Mediator Judge Keith F Giblin. The mediation
conference shall be conducted on or before 6/8/07. Signed by Judge Marcia A.
Crone on 4/17/07. (mrp, ) (Entered: 04/17/2007)
04/19/2007 13 NOTICE of Hearing: Mediation Conference set for 5/30/2007 at 10:00 AM in
Ctrm 5 (Beaumont) before Magistrate Judge Keith F. Giblin. The parties are to
submit a position statement directly to the mediator on or before May 15,
2007.(sal) (Entered: 04/19/2007)
05/07/2007 14 NOTICE by Linda Alsbrook, Ace American Insurance Company, ESIS, Inc
Defendants' Certificate of Interested Parties (Schulz, Richard) (Entered:
05/07/2007)

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05/07/2007 15 REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Text of Proposed


Order Scheduling Order)(Schulz, Richard) (Entered: 05/07/2007)
05/29/2007 16 NOTICE of Hearing: RESETTING Mediation Conference set for
6/19/200710:00 AM in Ctrm 5 (Beaumont) before Magistrate Judge Keith F.
Giblin. (ksd ) (Entered: 05/30/2007)
06/19/2007 17 Minute Entry for proceedings held before Judge Keith F. Giblin : Mediation
Conference held on 6/19/2007. (Court Reporter K. Dean) (ksd ) (Entered:
06/19/2007)
07/03/2007 18 Supplemental MOTION to Remand by Darcel Jones. (Attachments: # 1 Exhibit
Gasch v Travelers)(Doyle, Michael) (Entered: 07/03/2007)
07/06/2007 19 ORDER granting 8 & 18 Motions to Remand. Because Defendants removed this
case on the same ground presented in their previously unsuccessful removal
attempt, the court concludes that the second removal was improper. The court
lacks subject matter jurisdiction over Jones's action, as there is neither a federal
question presented nor complete diversity of citizenship between the parties.
Therefore, this case was improvidently removed, and remand is warranted.
Signed by Judge Marcia A. Crone on 7/6/07. (mrp, ) (Entered: 07/06/2007)
07/06/2007 20 ORDER OF REMAND. Plaitiff Darcel Jones's action against Defendants ACE
American Insurance Company, ESIS Inc., and Linda Alsbrook is remanded to
the 60th Judicial District Court of Jefferson County, Texas. Signed by Judge
Marcia A. Crone on 7/6/07. (mrp, ) (Entered: 07/06/2007)
07/30/2007 Sent certified copies of Order of Remand, Docket Sheet and Letter of Remand to
60th Judicial District Court of Jefferson County TX. (mrp, ) (Entered:
07/30/2007)
08/03/2007 21 ACKNOWLEDGEMENT OF RECEIPT by 60th Judicial District Court of
Jefferson County TX on 8/1/07 of remand of this case back to their court. (mrp,
) (Entered: 08/07/2007)

PACER Service Center


Transaction Receipt
07/15/2010 14:06:15
PACER Login: nh0877 Client Code: ACE
Description: Docket Report Search Criteria: 1:07-cv-00074-MAC
Billable Pages: 3 Cost: 0.24

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