Colony Insurance Company v. Adsil, Inc. et al

Federal Civil Lawsuit Texas Southern District Court, Case No. 4:16-cv-00408
District Judge Keith P. Ellison, presiding
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District Judge Keith P. Ellison
Last Updated July 29, 2025 at 8:57 PM EDT (9.7 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Colony Insurance Company, Plaintiff

Represented by Tollefson Bradley Mitchell & Melendi LLP

Name Phone Fax E-Mail
Space Stephen Andrew Melendi +1 214 665 0100 +1 214 665 0199 stephenm@tbmmlaw.com
Space John Charles Tollefson +1 214 665 0100 +1 214 665 0199 johnt@tbmmlaw.com
v.
No Logo AAON, Defendant

Represented by Huseman Dodson & Hummell

Name Phone Fax E-Mail
Space Eric Steven Stewart +1 361 883 3563 +1 361 883 0210 estewart@husemanlawfirm.com
No Logo Adsil Inc., Defendant

Represented by Buck Keenan LLP

Name Phone Fax E-Mail
Space Lesley Edward Little little@buckkeenan.com
No Logo Calallen Independent School District, Defendant

Represented by Walsh Anderson Brown, Aldridge & Gallegos PC

Name Phone Fax E-Mail
Space Katie E. Payne +1 210 979 6633 +1 210 979 7024 kpayne@wabsa.com
No Logo CJO Enterprises, Inc., Defendant

Represented by Hanna Plaut LLP

Name Phone Fax E-Mail
Space Catherine Love Hanna +1 512 472 7700 +1 512 472 0205 channa@hannaplaut.com
Attributes
Nature of Suit 110 - Contract - Insurance
Cause Section 28 U.S.C. § 1332 Diversity-Insurance Contract
Jurisdiction Diversity
Case Status closed
Jury Demand None
Timeline
  Entries (76) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 71 Filed: 9/12/2018, Entered: 9/13/2018 Court Filing
ORDER granting 70 Stipulation of Dismissal with prejudice; this action is hereby DISMISSED WITH PREJUDICE. Accordingly, the Clerk is directed to CLOSE this case.....*** Case terminated on 9/12/18. (Signed by Judge Keith P Ellison) Parties notified.(sanderson, 4)
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Legal Document (Payment Possibly Required) 70 Filed: 9/12/2018, Entered: 9/12/2018
STIPULATION of Dismissal WITH PREJUDICE by Colony Insurance Company, filed.(Hewitt, Michael)
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Legal Document (Payment Possibly Required) 69 Filed: 8/16/2018, Entered: 8/16/2018
NOTICE of Settlement by Colony Insurance Company, filed. (Tollefson, John)
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Blank  Filed: 6/13/2018, Entered: 6/14/2018
Minute Entry for proceedings held before Judge Keith P Ellison. STATUS CONFERENCE held on 6/13/2018. Parties discussed issues remaining to be resolved in the case. TRIAL set for 12/17/2018 at 9 AM. Parties are permitted to conduct discovery in the interim. Appearances:Michael Hewitt. Catherine Love Hanna, John Charles Tollefson.(Court Reporter: B. Slavin), filed.(arrivera, 4)
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Legal Document (Payment Possibly Required) 68 Filed: 6/4/2018, Entered: 6/4/2018 Court Filing
NOTICE of Setting. Parties notified. Status Conference set for 6/13/2018 at 02:00 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (arrivera, 4)
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Legal Document (Payment Possibly Required) 67 Filed: 6/4/2018, Entered: 6/4/2018 Court Filing
MEMORANDUM AND ORDER denying 54 MOTION for Summary Judgment , denying 53 MOTION for Summary Judgment (Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
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Legal Document (Payment Possibly Required) 66 Filed: 5/8/2018, Entered: 5/8/2018
RESPONSE to 64 Brief Supplemental, filed by Colony Insurance Company. (Tollefson, John)
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Legal Document (Payment Possibly Required) 65 Filed: 5/7/2018, Entered: 5/7/2018
RESPONSE to 63 Supplement , filed by CJO Enterprises, Inc.. (Hanna, Catherine)
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Legal Document (Payment Possibly Required) 64 Filed: 5/3/2018, Entered: 5/3/2018
Supplemental BRIEF in Support re: 53 MOTION for Summary Judgment by CJO Enterprises, Inc., filed.(Hanna, Catherine)
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Legal Document (Payment Possibly Required) 63 Filed: 5/1/2018, Entered: 5/1/2018
SUPPLEMENT by Colony Insurance Company, filed. (Attachments: # 1 Exhibit A)(Tollefson, John)
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Blank  Filed: 4/18/2018, Entered: 4/23/2018
Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 4/18/2018. Argument heard on 53 and 54 motions for summary judgment. Parties are permitted fifteen days to submit additional briefing on issues pertaining to the pending motions, with five days thereafter to respond to the other party's submissions. Appearances:Anne-Marie Abarado. Catherine Love Hanna, John Charles Tollefson.(Court Reporter: J. Sanchez)(Law Clerk: M. Drecun), filed.(arrivera, 4)
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Legal Document (Payment Possibly Required) 62 Filed: 4/11/2018, Entered: 4/11/2018 Court Filing
NOTICE of Setting as to 53 MOTION for Summary Judgment . Parties notified. Motion Hearing set for 4/18/2018 at 03:00 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (arrivera, 4)
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Legal Document (Payment Possibly Required) 61 Filed: 4/5/2018, Entered: 4/5/2018
REPLY to 57 Response to Motion for Summary Judgment, filed by CJO Enterprises, Inc.. (Hanna, Catherine)
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Legal Document (Payment Possibly Required) 60 Filed: 4/5/2018, Entered: 4/5/2018
REPLY to Response to 54 MOTION for Summary Judgment , filed by Colony Insurance Company. (Tollefson, John)
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Legal Document (Payment Possibly Required) 59 Filed: 3/26/2018, Entered: 3/26/2018
RESPONSE to 54 MOTION for Summary Judgment filed by CJO Enterprises, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Hanna, Catherine)
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Legal Document (Payment Possibly Required) 58 Filed: 3/21/2018, Entered: 3/21/2018 Court Filing
ORDER granting 56 MOTION for Leave to File Motion to Extend the Deadline to File a Response to Plaintiff's Motion for Summary Judgment. Response due by March 26, 2018..(Signed by Judge Keith P Ellison) Parties notified.(gkelner, 4)
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Legal Document (Payment Possibly Required) 57 Filed: 3/20/2018, Entered: 3/20/2018
RESPONSE to 53 MOTION for Summary Judgment filed by Colony Insurance Company. (Attachments: # 1 Appendix)(Tollefson, John)
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Legal Document (Payment Possibly Required) 56 Filed: 3/20/2018, Entered: 3/20/2018
MOTION for Leave to File Motion to Extend the Deadline to File a Response to Plaintiff's Motion for Summary Judgment by CJO Enterprises, Inc., filed. Motion Docket Date 4/10/2018. (Attachments: # 1 Proposed Order)(Hanna, Catherine)
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Legal Document (Payment Possibly Required) 55 Filed: 3/5/2018, Entered: 3/5/2018
SUPPLEMENT to 54 MOTION for Summary Judgment by Colony Insurance Company, filed. (Attachments: # 1 Exhibit O)(Tollefson, John)
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Legal Document (Payment Possibly Required) 54 Filed: 2/28/2018, Entered: 2/28/2018
MOTION for Summary Judgment by Colony Insurance Company, filed. Motion Docket Date 3/21/2018. (Attachments: # 1 Appendix)(Tollefson, John)
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Legal Document (Payment Possibly Required) 53 Filed: 2/27/2018, Entered: 2/27/2018
MOTION for Summary Judgment by CJO Enterprises, Inc., filed. Motion Docket Date 3/20/2018. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hanna, Catherine)
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Legal Document (Payment Possibly Required) 52 Filed: 1/31/2018, Entered: 1/31/2018
DESIGNATION OF EXPERT WITNESS LIST by CJO Enterprises, Inc., filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hanna, Catherine)
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Legal Document (Payment Possibly Required) 51 Filed: 12/4/2017, Entered: 12/4/2017
Other EXHIBITS re: 49 Designation of Expert Witness List by Colony Insurance Company, filed. (Attachments: # 1 Exhibit Amended Exhibit K, part 1, # 2 Exhibit Amended Exhibit K, part 2, # 3 Exhibit Amended Exhibit K, part 3)(Tollefson, John)
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Legal Document (Payment Possibly Required) 50 Filed: 12/1/2017, Entered: 12/1/2017
Supplemental DESIGNATION OF EXPERT WITNESS LIST by Colony Insurance Company, filed. (Attachments: # 1 Exhibit L)(Tollefson, John)
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Legal Document (Payment Possibly Required) 49 Filed: 12/1/2017, Entered: 12/1/2017
DESIGNATION OF EXPERT WITNESS LIST by Colony Insurance Company, filed. (Attachments: # 1 Exhibit A-K)(Tollefson, John)
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Legal Document (Payment Possibly Required) 48 Filed: 7/19/2017, Entered: 7/19/2017
Second JOINT DISCOVERY/CASE MANAGEMENT PLAN by Colony Insurance Company, filed.(Tollefson, John)
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Legal Document (Payment Possibly Required) 47 Filed: 7/18/2017, Entered: 7/19/2017 Court Filing
ORDER Granting 46 MOTION to Dismiss AAON, AAON is dismissed with prejudice.(Signed by Judge Keith P Ellison) Parties notified.(jguajardo, 4)
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Legal Document (Payment Possibly Required) 46 Filed: 7/17/2017, Entered: 7/17/2017
MOTION to Dismiss AAON by Colony Insurance Company, filed. Motion Docket Date 8/7/2017. (Tollefson, John)
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Legal Document (Payment Possibly Required) 45 Filed: 6/30/2017, Entered: 6/30/2017
STATUS REPORT by Colony Insurance Company, filed.(Tollefson, John)
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Legal Document (Payment Possibly Required) 44 Filed: 5/24/2017, Entered: 5/24/2017
NOTICE of Settlement by Colony Insurance Company, filed. (Tollefson, John)
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Legal Document (Payment Possibly Required) 43 Filed: 5/23/2017, Entered: 5/23/2017
ANSWER to 37 Amended Complaint/Counterclaim/Crossclaim etc. by AAON, filed.(Stewart, Eric)
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Legal Document (Payment Possibly Required) 42 Filed: 5/15/2017, Entered: 5/15/2017 Court Filing
ORDER granting 35 MOTION to Dismiss Calallen Independent School District. (Signed by Judge Keith P Ellison) Parties notified.(olindor, 4)
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Legal Document (Payment Possibly Required) 41 Filed: 5/15/2017, Entered: 5/15/2017
ANSWER to 37 Amended Complaint/Counterclaim/Crossclaim etc. by CJO Enterprises, Inc., filed.(Hanna, Catherine)
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Legal Document (Payment Possibly Required) 40 Filed: 5/8/2017, Entered: 5/8/2017
RETURN of Service of SUMMONS Executed as to AAON served on 5/3/2017, answer due 5/24/2017, filed.(Tollefson, John)
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Legal Document (Payment Possibly Required) 39 Filed: 5/8/2017, Entered: 5/8/2017
Second AMENDED ANSWER to 37 Amended Complaint/Counterclaim/Crossclaim etc. by Calallen Independent School District, filed. (Payne, Katie)
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Blank  Filed: 4/25/2017, Entered: 4/26/2017
Summons Issued as to AAON. Issued summons delivered to plaintiff by First-class mail, filed.(jdav, 4)
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Legal Document (Payment Possibly Required) 38 Filed: 4/24/2017, Entered: 4/24/2017
Request for Issuance of Summons as to AAON, filed.(Tollefson, John)
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Legal Document (Payment Possibly Required) 37 Filed: 4/24/2017, Entered: 4/24/2017
SECOND AMENDED COMPLAINT.(olindor, 4)
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Legal Document (Payment Possibly Required) 36 Filed: 4/24/2017, Entered: 4/24/2017 Court Filing
ORDER granting 34 Unopposed MOTION for Leave to File Second Amended Complaint and for Entry of an Amended Scheduling/Docket Control Order (Signed by Judge Keith P Ellison) Parties notified.(olindor, 4)
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Legal Document (Payment Possibly Required) 35 Filed: 4/20/2017, Entered: 4/20/2017
MOTION to Dismiss by Colony Insurance Company, filed. Motion Docket Date 5/11/2017. (Attachments: # 1 Proposed Order Granting Motion to Dismiss)(Tollefson, John)
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Legal Document (Payment Possibly Required) 34 Filed: 4/19/2017, Entered: 4/19/2017
Unopposed MOTION for Leave to File Second Amended Complaint and for Entry of an Amended Scheduling/Docket Control Order by Colony Insurance Company, filed. Motion Docket Date 5/10/2017. (Attachments: # 1 Exhibit A-D, # 2 Proposed Order)(Tollefson, John)
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Legal Document (Payment Possibly Required) 33 Filed: 9/2/2016, Entered: 9/2/2016 Court Filing
MEMORANDUM AND ORDER denying 27 MOTION for Summary Judgment Declaring that it has no Duty to Defend or Indemnify Adsil, Inc.; granting in part 26 MOTION to Dismiss 19 Amended Complaint/Counterclaim/Crossclaim etc. ; granting 25 MOTION to Dismiss for Lack of Subject Matter Jurisdiction (Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
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Legal Document (Payment Possibly Required) 32 Filed: 7/25/2016, Entered: 7/25/2016
REPLY to Response to 27 MOTION for Summary Judgment Declaring that it has no Duty to Defend or Indemnify Adsil, Inc., filed by Colony Insurance Company. (Tollefson, John)
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Legal Document (Payment Possibly Required) 31 Filed: 7/18/2016, Entered: 7/18/2016
RESPONSE to 27 MOTION for Summary Judgment Declaring that it has no Duty to Defend or Indemnify Adsil, Inc. filed by Adsil, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Little, Lesley)
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Legal Document (Payment Possibly Required) 30 Filed: 7/12/2016, Entered: 7/12/2016
REPLY to Response to 25 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, filed by CJO Enterprises, Inc.. (Hanna, Catherine)
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Legal Document (Payment Possibly Required) 29 Filed: 7/1/2016, Entered: 7/1/2016
RESPONSE in Opposition to 25 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, filed by Colony Insurance Company. (Attachments: # 1 Exhibit A)(Tollefson, John)
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Legal Document (Payment Possibly Required) 28 Filed: 6/29/2016, Entered: 6/29/2016
RESPONSE in Opposition to 26 MOTION to Dismiss 19 Amended Complaint/Counterclaim/Crossclaim etc. , filed by Colony Insurance Company. (Tollefson, John)
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Legal Document (Payment Possibly Required) 27 Filed: 6/29/2016, Entered: 6/29/2016
MOTION for Summary Judgment Declaring that it has no Duty to Defend or Indemnify Adsil, Inc. by Colony Insurance Company, filed. Motion Docket Date 7/20/2016. (Attachments: # 1 Exhibit 1-6, # 2 Proposed Order)(Tollefson, John)
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Legal Document (Payment Possibly Required) 26 Filed: 6/27/2016, Entered: 6/27/2016
MOTION to Dismiss 19 Amended Complaint/Counterclaim/Crossclaim etc. by Adsil, Inc., filed. Motion Docket Date 7/18/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Little, Lesley)
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Legal Document (Payment Possibly Required) 25 Filed: 6/21/2016, Entered: 6/21/2016
MOTION to Dismiss for Lack of Subject Matter Jurisdiction by CJO Enterprises, Inc., filed. Motion Docket Date 7/12/2016. (Attachments: # 1 Proposed Order)(Hanna, Catherine)
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Legal Document (Payment Possibly Required) 24 Filed: 6/21/2016, Entered: 6/21/2016
AMENDED ANSWER to 19 Amended Complaint/Counterclaim/Crossclaim etc. by Calallen Independent School District, filed. (Payne, Katie)
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Legal Document (Payment Possibly Required) 23 Filed: 6/15/2016, Entered: 6/15/2016 Court Filing
SCHEDULING/ DOCKET CONTROL ORDER Amended Pleadings due by 9/29/2016. Deft Expert Report due by 2/1/2017. Discovery due by 3/29/2017. Dispositive Motion Filing due by 2/13/2017. Joinder of Parties due by 9/8/2016 Joint Pretrial Order due by 5/8/2017. Non-Dispositive Motion Filing due by 2/13/2017. Pltf Expert Report due by 12/13/2016. Trial set for 5/15/2017 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(jguajardo, 4)
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Legal Document (Payment Possibly Required) 22 Filed: 6/8/2016, Entered: 6/8/2016 Court Filing
ORDER Granting 12 MOTION to Withdraw, and Denying 9 MOTION to Dismiss , Denying 10 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, 9 MOTION to Dismiss (Signed by Judge Keith P Ellison) Parties notified.(jguajardo, 4)
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Legal Document (Payment Possibly Required) 21 Filed: 6/7/2016, Entered: 6/7/2016
CERTIFICATE OF INTERESTED PARTIES by Calallen Independent School District, filed.(Payne, Katie)
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Legal Document (Payment Possibly Required) 20 Filed: 6/7/2016, Entered: 6/7/2016
REPORT of Rule 26(f) Planning Meeting by Colony Insurance Company, filed.(Tollefson, John)
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Legal Document (Payment Possibly Required) 19 Filed: 6/7/2016, Entered: 6/7/2016
First Amended Complaint for Declaratory Judgment and Damages. filed by Colony Insurance Company.(jguajardo, 4)
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Legal Document (Payment Possibly Required) 18 Filed: 6/7/2016, Entered: 6/7/2016 Court Filing
ORDER GRANTING 17 Unopposed MOTION for Leave to File First Amended Complaint (Signed by Judge Keith P Ellison) Parties notified.(jguajardo, 4)
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Legal Document (Payment Possibly Required) 17 Filed: 6/7/2016, Entered: 6/7/2016
Unopposed MOTION for Leave to File First Amended Complaint by Colony Insurance Company, filed. Motion Docket Date 6/28/2016. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Tollefson, John)
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Legal Document (Payment Possibly Required) 16 Filed: 6/7/2016, Entered: 6/7/2016
Agreed CERTIFICATE OF INTERESTED PARTIES by CJO Enterprises, Inc., filed.(Hanna, Catherine)
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Legal Document (Payment Possibly Required) 15 Filed: 6/3/2016, Entered: 6/3/2016
RETURN of Service of SUMMONS Executed as to CJO Enterprises, Inc. served on 5/4/2016, answer due 5/25/2016, filed.(Tollefson, John)
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Legal Document (Payment Possibly Required) 14 Filed: 6/3/2016, Entered: 6/3/2016
RETURN of Service of SUMMONS Executed as to Calallen Independent School District served on 4/21/2016, answer due 5/12/2016, filed.(Tollefson, John)
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Legal Document (Payment Possibly Required) 13 Filed: 6/3/2016, Entered: 6/3/2016
NOTICE of Appearance by Stephen A. Melendi on behalf of Colony Insurance Company, filed. (Melendi, Stephen)
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Legal Document (Payment Possibly Required) 12 Filed: 6/3/2016, Entered: 6/3/2016
MOTION to Withdraw 9 MOTION to Dismiss by Adsil, Inc., filed. Motion Docket Date 6/24/2016. (Little, Lesley)
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Legal Document (Payment Possibly Required) 11 Filed: 6/2/2016, Entered: 6/2/2016 Court Filing
Notice Regarding Initial Conference(Signed by Judge Keith P Ellison) Parties notified.(sloewe, 4)
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Legal Document (Payment Possibly Required) 10 Filed: 5/25/2016, Entered: 5/25/2016
MOTION to Dismiss for Lack of Subject Matter Jurisdiction by CJO Enterprises, Inc., filed. Motion Docket Date 6/15/2016. (Attachments: # 1 Proposed Order)(Hanna, Catherine)
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Legal Document (Payment Possibly Required) 9 Filed: 5/18/2016, Entered: 5/18/2016
MOTION to Dismiss by Adsil, Inc., filed. Motion Docket Date 6/8/2016. (Attachments: # 1 Exhibit A)(Little, Lesley)
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Legal Document (Payment Possibly Required) 8 Filed: 5/12/2016, Entered: 5/12/2016
ANSWER to 1 Complaint, by Calallen Independent School District, filed.(Payne, Katie)
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Blank  Filed: 4/25/2016, Entered: 4/25/2016
Summons Issued as to CJO Enterprises, Inc.. Issued summons returned to plaintiff by: First-class mail, filed.(gkelner, 4)
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Legal Document (Payment Possibly Required) 7 Filed: 4/22/2016, Entered: 4/22/2016
Request for Issuance of Summons as to CJO Enterprises, Inc., filed.(Tollefson, John)
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Blank  Filed: 4/1/2016, Entered: 4/1/2016
Summons Issued as to CJO Enterprises, Inc., Calallen Independent School District. Issued summons returned to plaintiff by: First-class mail, filed.(jdav, 4)
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Legal Document (Payment Possibly Required) 6 Filed: 3/30/2016, Entered: 3/30/2016
Request for Issuance of Summons as to CJO Enterprises, Inc., filed.(Tollefson, John)
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Legal Document (Payment Possibly Required) 5 Filed: 3/30/2016, Entered: 3/30/2016
Request for Issuance of Summons as to Calallen Independent School District, filed.(Tollefson, John)
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Legal Document (Payment Possibly Required) 4 Filed: 3/30/2016, Entered: 3/30/2016
WAIVER OF SERVICE Returned Executed as to Adsil, Inc. served on 2/18/2016, answer due 4/18/2016, filed.(Tollefson, John)
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Legal Document (Payment Possibly Required) 3 Filed: 2/17/2016, Entered: 2/17/2016
CERTIFICATE OF INTERESTED PARTIES by Colony Insurance Company, filed.(Tollefson, John)
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Legal Document (Payment Possibly Required) 2 Filed: 2/17/2016, Entered: 2/17/2016 Court Filing
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/17/2016 at 10:45 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(mmapps, 4)
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Legal Document (Payment Possibly Required) 1 Filed: 2/16/2016, Entered: 2/16/2016
COMPLAINT against Adsil, Inc., CJO Enterprises, Inc., Calallen Independent School District (Filing fee $ 400 receipt number 0541-16181140) filed by Colony Insurance Company. (Attachments: # 1 Exhibit 1 - 3, # 2 Civil Cover Sheet)(Tollefson, John)
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