Lexington Insurance Company v. West Star Transportation, Inc. et al

Federal Civil Lawsuit Texas Northern District Court, Case No. 5:16-cv-00179
District Judge Sam R Cummings, presiding
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District Judge Sam R Cummings
Last Updated July 29, 2025 at 6:33 PM EDT (11.9 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Lexington Insurance Company, Plaintiff

Represented by Martin, Disiere, Jefferson & Wisdom, LLP

Name Phone Fax E-Mail
Space Christopher W Martin +1 713 632 1700 +1 713 222 0101 martin@mdjwlaw.com

Represented by Martine Disiere et al

Name Phone Fax E-Mail
Space Sheryl Ann Kao +1 214 420 5524 +1 214 420 5501 kao@mdjwlaw.com
Space Kennetha W. Lucas +1 512 610 4400 +1 512 610 4401 lucas@mdjwlaw.com
v.
No Logo Anonymized Party [29FD861], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Judson Waltman
No Logo Anonymized Party [38EBF7F], Defendant

Represented by Bustos Law Firm PC

Name Phone Fax E-Mail
Space Fernando Manuel Bustos +1 806 780 3976 +1 806 780 3800 fbustos@bustoslawfirm.com

Represented by Law Offices of Fernando M. Bustos, PC

Name Phone Fax E-Mail
Space Matthew Nephi Zimmerman +1 806 780 3976 +1 806 780 3800 mzimmerman@bustoslawfirm.com

Represented by McCathern Mooty Hyde Grinke, LLP

Name Phone Fax E-Mail
Space Farbod Farnia +1 214 741 2662 +1 214 741 4717 ffarnia@mccathernlaw.com

Represented by Nathan Ziegler & Associates

Name Phone Fax E-Mail
Space Aaron Michael Pier +1 806 780 3976 +1 806 780 3800 apier@bustoslawfirm.com
No Logo Anonymized Party [3C0DC64], Defendant

Represented by Law Offices of Jonatha Paul Wilkerson

Name Phone Fax E-Mail
Space Judson Waltman +1 713 659 5200 +1 713 659 2204 jaw@lanierlawfirm.com
No Logo West Star Transportation, Inc., Defendant

Represented by Wolfe & Associates

Name Phone Fax E-Mail
Space Billy R Wolfe brw@wolfe-law.com
Attributes
Nature of Suit 110 - Contract - Insurance
Cause Section 28 U.S.C. § 2201 Declaratory Judgment (Insurance)
Jurisdiction Diversity
Case Status closed
Jury Demand None
Anonymization By SCALES
Timeline
  Entries (38) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 38 Filed: 5/2/2017, Entered: 5/2/2017 Court Filing
JUDGMENT: For the reasons stated in the Court's order of even date, it is ordered, adjudged, and decreed that the civil action is DISMISSED. Costs of court are taxed against Plaintiff. (Ordered by Senior Judge Sam R Cummings on 5/2/2017) (bdg)
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Legal Document (Payment Possibly Required) 37 Filed: 5/2/2017, Entered: 5/2/2017 Court Filing
ORDER denied as moot 35 Motion for Leave to File filed by 38EBF7F; granting 11 Motion to Dismiss by West Star Transportation, Inc; 20 Motion to Dismiss filed by 29FD861. The Motions to Dismiss are GRANTED and this declaratory judgment action is DISMISSED and 38EBF7F Motion for Leave to File First Amended Answer and Counterclaims is DENIED AS MOOT. (Ordered by Senior Judge Sam R Cummings on 5/2/2017) (bdg)
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Legal Document (Payment Possibly Required) 36 Filed: 4/18/2017, Entered: 4/18/2017 Court Filing
ORDER granting 31 DEFENDANT 38EBF7F MOTION TO EXTEND DEADLINE. IT IS THEREFORE ORDERED that Motions to join other parties and amend the pleadings must be filed by 3:00 p.m. on June 14, 2017. (Ordered by Senior Judge Sam R Cummings on 4/18/2017) (zzm)
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Legal Document (Payment Possibly Required) 35 Filed: 4/14/2017, Entered: 4/14/2017
MOTION for Leave to File First Amended Answer to First Amended Complaint and Original Counterclaim filed by 38EBF7F (Attachments: # 1 Exhibit(s)) (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 34 Filed: 4/12/2017, Entered: 4/12/2017
NOTICE of Advisory to Court re: 31 MOTION to Extend Time Deadline to Amend Pleadings and Join Parties MOTION to Expedite Review filed by 38EBF7F (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 33 Filed: 4/3/2017, Entered: 4/3/2017
AMENDED DOCUMENT by 38EBF7F. Amendment to 31 MOTION to Extend Time Deadline to Amend Pleadings and Join Parties MOTION to Expedite Review. Amended Certificate of Conference. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 32 Filed: 3/31/2017, Entered: 3/31/2017 Court Filing
ORDER GRANTING DEFENDANT 38EBF7F MOTION FOR EXPEDITED REVIEW ON HIS MOTION TO EXTEND DEADLINE RE: granting 31 Motion to Expedite. It is ORDERED that any response to Motion to Extend Deadline to Amend Pleadings and Join Parties shall be filed within seven (7) days from this date of this Order. (Ordered by Senior Judge Sam R Cummings on 3/31/2017) (bmg) Modified to correct what granted on 4/18/2017 (zzm).
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Legal Document (Payment Possibly Required) 31 Filed: 3/30/2017, Entered: 3/30/2017
MOTION to Extend Time Deadline to Amend Pleadings and Join Parties(), MOTION to Expedite Review filed by 38EBF7F (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 30 Filed: 3/24/2017, Entered: 3/24/2017 Court Filing
ORDER granting 29 Motion to Withdraw as Attorney. Attorney Farbod Farnia terminated; granting 29 Motion to Substitute Attorney. Attorney Fernando M. Bustos entered as attorney in charge. (Ordered by Senior Judge Sam R Cummings on 3/24/2017) (cb)
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Legal Document (Payment Possibly Required) 29 Filed: 3/23/2017, Entered: 3/23/2017
Unopposed MOTION to Withdraw as Attorney , Unopposed MOTION to Substitute Attorney, added attorney Fernando M Bustos,Fernando M Bustos,Aaron Michael Pier,Matthew Nephi Zimmerman for 38EBF7F. Motion() filed by 38EBF7F Attorney Fernando M Bustos added to party 38EBF7F(pty:dft) (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 28 Filed: 2/8/2017, Entered: 2/8/2017
Brief/Memorandum in Support filed by Lexington Insurance Company re 27 Response to 21 Brief/Memorandum in Support of 20 Motion to Dismiss (Kao, Sheryl) Modified linkage and text on 2/8/2017 (cb).
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Legal Document (Payment Possibly Required) 27 Filed: 2/8/2017, Entered: 2/8/2017
RESPONSE filed by Lexington Insurance Company re: 21 Brief/Memorandum in Support of Motion (Kao, Sheryl)
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Legal Document (Payment Possibly Required) 26 Filed: 1/31/2017, Entered: 1/31/2017
NOTICE of Attorney Appearance by Sheryl Kao on behalf of Lexington Insurance Company. (Filer confirms contact info in ECF is current.) (Kao, Sheryl)
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Legal Document (Payment Possibly Required) 25 Filed: 1/30/2017, Entered: 1/30/2017
ANSWER to 6 First Amended Complaint filed by 38EBF7F. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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. (bdg)
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Legal Document (Payment Possibly Required) 24 Filed: 1/30/2017, Entered: 1/30/2017 Court Filing
ORDER granting 23 Motion for Leave to File Answer Out of Time. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Senior Judge Sam R Cummings on 1/30/2017) (bdg)
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Legal Document (Payment Possibly Required) 23 Filed: 1/28/2017, Entered: 1/28/2017
Unopposed MOTION for Leave to File Answer Out of Time filed by 38EBF7F (Attachments: # 1 Exhibit(s) Exhibit A) (Farnia, Farbod)
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Legal Document (Payment Possibly Required) 22 Filed: 1/27/2017, Entered: 1/27/2017
ANSWER to 1 Complaint,,,, filed by 38EBF7F. 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. Attorney Farbod Farnia added to party 38EBF7F(pty:dft) (Farnia, Farbod)
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Legal Document (Payment Possibly Required) 21 Filed: 1/18/2017, Entered: 1/18/2017
Brief/Memorandum in Support filed by 3C0DC6461 re 20 MOTION to Dismiss First Amended Complaint (Attachments: # 1 Exhibit(s) A, # 2 Proposed Order) (Waltman, Judson)
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Legal Document (Payment Possibly Required) 20 Filed: 1/18/2017, Entered: 1/18/2017
MOTION to Dismiss First Amended Complaint filed by 3C0DC6461 Attorney Judson Waltman added to party 3C0DC64(pty:dft), Attorney Judson Waltman added to party 29FD861(pty:dft) (Waltman, Judson)
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Legal Document (Payment Possibly Required) 19 Filed: 12/13/2016, Entered: 12/13/2016
SUMMONS Returned Executed as to 38EBF7F ; served on 12/13/2016. (Lucas, Kennetha)
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Legal Document (Payment Possibly Required) 18 Filed: 12/12/2016, Entered: 12/12/2016 Court Filing
ORDER granting 16 Motion to Extend Time for Service of Amended Complaint. Plaintiff to complete service on Defendant by 1/9/17. (Ordered by Senior Judge Sam R Cummings on 12/12/2016) (cb)
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Legal Document (Payment Possibly Required) 17 Filed: 12/12/2016, Entered: 12/12/2016
SUMMONS Returned Executed as to 29FD861 ; served on 11/16/2016. (Lucas, Kennetha)
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Legal Document (Payment Possibly Required) 16 Filed: 12/9/2016, Entered: 12/9/2016
Unopposed MOTION to Extend Time for service of amended complaint on Defendant 38EBF7F filed by Lexington Insurance Company (Attachments: # 1 Exhibit(s) A, # 2 Proposed Order) (Lucas, Kennetha)
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Legal Document (Payment Possibly Required) 15 Filed: 12/7/2016, Entered: 12/7/2016 Court Filing
ORDER: Amended Pleadings due by 3:00 p.m. on 4/14/2017. Discovery due by 3:00 p.m. on 5/14/2018. Joinder of Parties due by 3:00 p.m. on 4/14/2017. Motions due by 3:00 p.m. on 12/15/2017. Jury Trial set for 6/4/2018 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 12/7/2016) (cb)
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Legal Document (Payment Possibly Required) 14 Filed: 12/7/2016, Entered: 12/7/2016
SUMMONS Returned Executed as to 3C0DC64 ; served on 12/6/2016. (Lucas, Kennetha)
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Legal Document (Payment Possibly Required) 13 Filed: 11/28/2016, Entered: 11/28/2016
RESPONSE filed by Lexington Insurance Company re: 11 MOTION to Dismiss First Amended Complaint (Lucas, Kennetha)
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Legal Document (Payment Possibly Required) 12 Filed: 11/7/2016, Entered: 11/7/2016
Brief/Memorandum in Support filed by West Star Transportation, Inc. re 11 MOTION to Dismiss First Amended Complaint (Attachments: # 1 Exhibit(s), # 2 Proposed Order) (Wolfe, Billy)
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Legal Document (Payment Possibly Required) 11 Filed: 11/7/2016, Entered: 11/7/2016
MOTION to Dismiss First Amended Complaint filed by West Star Transportation, Inc. Attorney Billy R Wolfe added to party West Star Transportation, Inc.(pty:dft) (Wolfe, Billy)
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Legal Document (Payment Possibly Required) 10 Filed: 11/7/2016, Entered: 11/7/2016
Brief/Memorandum in Support filed by West Star Transportation, Inc. re 9 Notice (Other) (Attachments: # 1 Declaration(s), # 2 Exhibit(s), # 3 Proposed Order) (Wolfe, Billy)
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Legal Document (Payment Possibly Required) 9 Filed: 11/7/2016, Entered: 11/7/2016
NOTICE of Request to Take Judicial Notice filed by West Star Transportation, Inc. (Wolfe, Billy)
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Legal Document (Payment Possibly Required) 8 Filed: 10/18/2016, Entered: 10/18/2016
SUMMONS Returned Executed as to West Star Transportation, Inc. ; served on 10/18/2016. (Lucas, Kennetha)
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Legal Document (Payment Possibly Required) 7 Filed: 9/12/2016, Entered: 9/12/2016
Summons Issued as to 38EBF7F, 3C0DC6461, West Star Transportation, Inc. (cb)
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Legal Document (Payment Possibly Required) 6 Filed: 9/12/2016, Entered: 9/12/2016
AMENDED COMPLAINT against West Star Transportation, Inc. filed by Lexington Insurance Company. Clerk to issue summons(es). Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G) (Lucas, Kennetha)
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Legal Document (Payment Possibly Required) 5 Filed: 8/26/2016, Entered: 8/26/2016
Summons Issued as to West Star Transportation, Inc.. (zzm)
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Legal Document (Payment Possibly Required) 4 Filed: 8/26/2016, Entered: 8/26/2016
Request for Clerk to issue Summons filed by Lexington Insurance Company. (Lucas, Kennetha)
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Legal Document (Payment Possibly Required) 3 Filed: 7/28/2016, Entered: 7/28/2016
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lexington Insurance Company identifying Corporate Parent/Other Affiliate American International Group, Inc. for Lexington Insurance Company. (Martin, Christopher) (Main Document 3 replaced (active form) on 8/2/2016) (cb).
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Legal Document (Payment Possibly Required) 2 Filed: 7/28/2016, Entered: 7/28/2016 Court Filing
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (cb)
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Legal Document (Payment Possibly Required) 1 Filed: 7/28/2016, Entered: 7/28/2016 Court Filing
COMPLAINT against West Star Transportation, Inc. filed by Lexington Insurance Company. (Filing fee $400; Receipt number 0539-7758869) Plaintiff will submit summons(es) for issuance. 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, instructions, and exemption information may be 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 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E, # 7 Exhibit(s) F) (Martin, Christopher)
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