Lewis Mechanical Sales, Inc. v. Berkley Insurance Company

Federal Civil Lawsuit Texas Southern District Court, Case No. 2:17-cv-00156
District Judge Hilda G. Tagle, presiding
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District Judge Hilda G. Tagle
Last Updated July 29, 2025 at 10:06 PM EDT (7.4 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Berkley Insurance Company, Counter-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Beth D Bradley

Represented by Griffith & Garza, L.L.P.

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY John Roger Griffith +1 956 971 9446 +1 956 971 9451 jrg@rgvfirm.com
Space John Roger Griffith +1 956 971 9446 +1 956 971 9451 jrg@rgvfirm.com
Space Oralia Guzman +1 956 941 9446 oguzman@rgvfirm.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Oralia Guzman +1 956 941 9446 oguzman@rgvfirm.com

Represented by Tollefson Bradley Mitchell & Melendi LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Elizabeth Dunn Bradley +1 214 665 0100 +1 214 665 0199 bethb@tbmmlaw.com
Space Elizabeth Dunn Bradley +1 214 665 0100 +1 214 665 0199 bethb@tbmmlaw.com
Space Aaron Linzy Mitchell +1 214 665 0100 +1 214 665 0199 aaronm@tbmmlaw.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Aaron Linzy Mitchell +1 214 665 0100 +1 214 665 0199 aaronm@tbmmlaw.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Matthew Rigney +1 214 665 0100 +1 214 665 0199 mattr@tbmmlaw.com
Space Matthew Rigney +1 214 665 0100 +1 214 665 0199 mattr@tbmmlaw.com
No Logo Union Insurance Company, Counter-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Beth D Bradley

Represented by Griffith & Garza, L.L.P.

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY John Roger Griffith +1 956 971 9446 +1 956 971 9451 jrg@rgvfirm.com
Space John Roger Griffith +1 956 971 9446 +1 956 971 9451 jrg@rgvfirm.com
Space Oralia Guzman +1 956 941 9446 oguzman@rgvfirm.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Oralia Guzman +1 956 941 9446 oguzman@rgvfirm.com

Represented by Tollefson Bradley Mitchell & Melendi LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Elizabeth Dunn Bradley +1 214 665 0100 +1 214 665 0199 bethb@tbmmlaw.com
Space Aaron Linzy Mitchell +1 214 665 0100 +1 214 665 0199 aaronm@tbmmlaw.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Aaron Linzy Mitchell +1 214 665 0100 +1 214 665 0199 aaronm@tbmmlaw.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Matthew Rigney +1 214 665 0100 +1 214 665 0199 mattr@tbmmlaw.com
Space Matthew Rigney +1 214 665 0100 +1 214 665 0199 mattr@tbmmlaw.com
v.
No Logo Anonymized Party [B93AFD6], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Beth D Bradley
No Logo David Girard, Defendant

Represented by Tollefson Bradley Mitchell & Melendi LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Elizabeth Dunn Bradley +1 214 665 0100 +1 214 665 0199 bethb@tbmmlaw.com
No Logo Lewis Mechanical Sales, Inc., Counter-Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Beth D Bradley
Space F Van Huseman
Space Eric Steven Stewart
Space John Patrick Swallow

Represented by Griffith & Garza, L.L.P.

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY John Roger Griffith +1 956 971 9446 +1 956 971 9451 jrg@rgvfirm.com
Space John Roger Griffith +1 956 971 9446 +1 956 971 9451 jrg@rgvfirm.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Oralia Guzman +1 956 941 9446 oguzman@rgvfirm.com
Space Oralia Guzman +1 956 941 9446 oguzman@rgvfirm.com

Represented by Huseman & Stewart, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY F Van Huseman +1 361 883 3563 +1 361 883 0210 vhuseman@husemanstewart.com
ATTORNEY TO BE NOTICED Eric Steven Stewart +1 361 883 3563 +1 361 883 0210 estewart@husemanlawfirm.com
ATTORNEY TO BE NOTICED John Patrick Swallow +1 361 883 3563 jswallow@husemanlawfirm.com

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

Represented by Huseman Law Firm, PLLC

Name Phone Fax E-Mail
Space F Van Huseman vhuseman@husemanlawfirm.com
Space John Patrick Swallow +1 361 883 3563 jswallow@husemanlawfirm.com

Represented by Tollefson Bradley Mitchell & Melendi LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Elizabeth Dunn Bradley +1 214 665 0100 +1 214 665 0199 bethb@tbmmlaw.com
Space Aaron Linzy Mitchell +1 214 665 0100 +1 214 665 0199 aaronm@tbmmlaw.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Aaron Linzy Mitchell +1 214 665 0100 +1 214 665 0199 aaronm@tbmmlaw.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Matthew Rigney +1 214 665 0100 +1 214 665 0199 mattr@tbmmlaw.com
Space Matthew Rigney +1 214 665 0100 +1 214 665 0199 mattr@tbmmlaw.com
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit 110 - Contract - Insurance
Jurisdiction Diversity
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
  Entries (46) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required)  Filed: 6/13/2017, Entered: None Unknown Document Type
Summons Issued as to Union Insurance Company. Issued summons delivered to plaintiff by First-class mail, filed.(idavis, 2)
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Legal Document (Payment Possibly Required) 45 Filed: 6/5/2019, Entered: 6/5/2019 Court Filing
ORDER entered re: 44 Parties' Joint Stipulation of Dismissal With Prejudice. The above-captioned case has been dismissed with prejudice. The Court therefore DIRECTS the Clerk of the Court to close the case.(Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)
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Legal Document (Payment Possibly Required) 44 Filed: 6/4/2019, Entered: 6/4/2019
STIPULATION of Dismissal with Prejudice by Lewis Mechanical Sales, Inc., filed. (Attachments: # 1 Proposed Order Granting Joint Stipulation of Dismissal Without Prejudice)(Huseman, F)
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Legal Document (Payment Possibly Required) 43 Filed: 3/12/2018, Entered: 3/13/2018 Court Filing
ORDER STAYING CASE pending the issuance of final judgment in Lewis v. Union, 319th Judicial District Court, Nueces County, Texas (2016-DCV-5262-G); GRANTSBerkley's September 28, 2017, motion to abate 34 ; DISMISSES WITHOUT PREJUDICE Plaintiffs' May 12, 2017, motion to remand 2 ; B93AFD6 May 22, 2017, motion to dismiss 6 ; Berkley's June 30, 2017, motion to strike Plaintiff's First Amended Complaint 17 ; Berkley's July 3, 2017, motion to dismiss 18 ; Plaintiff's July 10, 2017, motion for leave to file a sur-reply to B93AFD6 reply to Plaintiff's response to B93AFD6 motion to dismiss 20 ; Plaintiff's July 27, 2017, motion for an initial pretrial conference 29 ; Plaintiff's August 28, 2017, motion for leave to file a sur-reply to Berkley's reply to Plaintiff's response to Berkley's motion to dismiss 32 ; and Plaintiff's October 17, 2017, motion for leave to file second amended complaint 36 ; and DIRECTS the Clerk of the Court to administratively close this case.Parties may move to reopen this case within thirty days of the issuance of final judgment in Lewis v. Union, 319th Judicial District Court, Nueces County, Texas (2016-DCV-5262-G). Nothing contained in this Order shall be considered a dismissal or disposition of this matter. Case terminated on 3/12/2018.(Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)
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Legal Document (Payment Possibly Required) 42 Filed: 2/2/2018, Entered: 2/2/2018
DESIGNATION OF EXPERT WITNESS LIST by Berkley Insurance Company, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Bradley, Beth)
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Legal Document (Payment Possibly Required) 41 Filed: 1/17/2018, Entered: 1/17/2018
MOTION to Withdraw 37 Response in Opposition to Motion by Lewis Mechanical Sales, Inc., filed. Motion Docket Date 2/7/2018. (Attachments: # 1 Proposed Order)(Swallow, John)
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Legal Document (Payment Possibly Required) 40 Filed: 1/4/2018, Entered: 1/4/2018
DESIGNATION OF EXPERT WITNESS LIST by Lewis Mechanical Sales, Inc., filed. (Attachments: # 1 Exhibit A - Van Huseman expert report, # 2 Exhibit B - Eric Stewart expert report, # 3 Exhibit C - William Skrobarczyk expert report, # 4 Exhibit D - Van Huseman CV, # 5 Exhibit E - Eric Stewart CV, # 6 Exhibit F - William Skrobarczyk CV, # 7 Exhibit H&S Stmt 1, # 8 Exhibit H&S Stmt 2)(Swallow, John)
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Legal Document (Payment Possibly Required) 39 Filed: 11/6/2017, Entered: 11/6/2017
RESPONSE in Opposition to 36 MOTION for Leave to File Second Amended Complaint, filed by Berkley Insurance Company. (Bradley, Beth)
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Legal Document (Payment Possibly Required) 38 Filed: 11/2/2017, Entered: 11/2/2017
REPLY in Support of 34 MOTION to Abate, filed by Berkley Insurance Company. (Bradley, Beth)
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Legal Document (Payment Possibly Required) 37 Filed: 10/19/2017, Entered: 10/19/2017
RESPONSE in Opposition to 34 MOTION to Abate, filed by Lewis Mechanical Sales, Inc.. (Attachments: # 1 Proposed Order Denying USIG Mtn to Abate)(Swallow, John)
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Legal Document (Payment Possibly Required) 36 Filed: 10/17/2017, Entered: 10/17/2017
MOTION for Leave to File Second Amended Complaint by Lewis Mechanical Sales, Inc., filed. Motion Docket Date 11/7/2017. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Swallow, John)
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Legal Document (Payment Possibly Required) 35 Filed: 10/2/2017, Entered: 10/2/2017
REPLY in Support of 32 Opposed MOTION for Leave to File Sur-reply, filed by Lewis Mechanical Sales, Inc.. (Swallow, John)
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Legal Document (Payment Possibly Required) 34 Filed: 9/28/2017, Entered: 9/28/2017
MOTION to Abate by Berkley Insurance Company, filed. Motion Docket Date 10/19/2017. (Bradley, Beth)
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Legal Document (Payment Possibly Required) 33 Filed: 9/18/2017, Entered: 9/18/2017
RESPONSE in Opposition to 32 Opposed MOTION for Leave to File Sur-reply, filed by Berkley Insurance Company. (Bradley, Beth)
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Legal Document (Payment Possibly Required) 32 Filed: 8/28/2017, Entered: 8/28/2017
Opposed MOTION for Leave to File Sur-reply by Lewis Mechanical Sales, Inc., filed. Motion Docket Date 9/18/2017. (Swallow, John)
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Legal Document (Payment Possibly Required) 31 Filed: 8/7/2017, Entered: 8/7/2017
REPLY in Support of Its Motion to Dismiss or for a More Definite Statement, filed by Berkley Insurance Company. (Rigney, Matthew)
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Legal Document (Payment Possibly Required) 30 Filed: 8/3/2017, Entered: 8/3/2017
REPLY in Support of 17 MOTION to Strike 11 Amended Complaint/Counterclaim/Crossclaim etc. , filed by Berkley Insurance Company. (Griffith, John)
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Legal Document (Payment Possibly Required) 29 Filed: 7/27/2017, Entered: 7/27/2017
MOTION for Initial Pretrial Conference Hearing by Lewis Mechanical Sales, Inc., filed. Motion Docket Date 8/17/2017. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order Setting Initial PTC)(Swallow, John)
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Legal Document (Payment Possibly Required) 28 Filed: 7/24/2017, Entered: 7/24/2017
RESPONSE to 18 Answer to Amended Complaint, Counterclaim Plaintiff's Answer to USIG's Second Counterclaim, filed by Lewis Mechanical Sales, Inc.. (Swallow, John)
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Legal Document (Payment Possibly Required) 27 Filed: 7/24/2017, Entered: 7/24/2017
ANSWER to 19 Answer to Amended Complaint, Counterclaim with JURY DEMAND by Lewis Mechanical Sales, Inc., filed.(Swallow, John)
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Legal Document (Payment Possibly Required) 26 Filed: 7/24/2017, Entered: 7/24/2017
RESPONSE to 18 Answer to Amended Complaint, Counterclaim and Motion to Dismiss or For a More Definite Statement, filed by Lewis Mechanical Sales, Inc.. (Swallow, John)
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Legal Document (Payment Possibly Required) 25 Filed: 7/20/2017, Entered: 7/20/2017
RESPONSE to 17 MOTION to Strike 11 Amended Complaint/Counterclaim/Crossclaim etc. filed by Lewis Mechanical Sales, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Swallow, John)
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Legal Document (Payment Possibly Required) 24 Filed: 7/14/2017, Entered: 7/14/2017
Agreed PROPOSED ORDER - SCHEDULING ORDER, filed.(Swallow, John)
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Legal Document (Payment Possibly Required) 23 Filed: 7/14/2017, Entered: 7/14/2017
JOINT DISCOVERY/CASE MANAGEMENT PLAN by Lewis Mechanical Sales, Inc., filed.(Swallow, John)
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Legal Document (Payment Possibly Required) 22 Filed: 7/13/2017, Entered: 7/13/2017
RESPONSE in Opposition to 20 MOTION for Leave to File SUR-REPLY AND SUR-REPLY TO B93AFD6 REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS, filed by B93AFD6. (Bradley, Beth)
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Legal Document (Payment Possibly Required) 21 Filed: 7/11/2017, Entered: 7/11/2017
CERTIFICATE OF INTERESTED PARTIES by Lewis Mechanical Sales, Inc., filed.(Swallow, John)
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Legal Document (Payment Possibly Required) 20 Filed: 7/10/2017, Entered: 7/10/2017
MOTION for Leave to File SUR-REPLY AND SUR-REPLY TO B93AFD6 REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS by Lewis Mechanical Sales, Inc., filed. Motion Docket Date 7/31/2017. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Swallow, John)
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Legal Document (Payment Possibly Required) 19 Filed: 7/7/2017, Entered: 7/7/2017
ANSWER to 11 Amended Complaint/Counterclaim/Crossclaim etc., COUNTERCLAIM against Lewis Mechanical Sales, Inc. by Union Insurance Company, filed.(Bradley, Beth)
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Legal Document (Payment Possibly Required) 18 Filed: 7/3/2017, Entered: 7/3/2017
ANSWER to 11 Amended Complaint/Counterclaim/Crossclaim etc., COUNTERCLAIM against Berkley Insurance Company by Berkley Insurance Company, filed.(Bradley, Beth)
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Legal Document (Payment Possibly Required) 17 Filed: 6/30/2017, Entered: 6/30/2017
MOTION to Strike 11 Amended Complaint/Counterclaim/Crossclaim etc. by Berkley Insurance Company, filed. Motion Docket Date 7/21/2017. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Griffith, John)
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Legal Document (Payment Possibly Required) 16 Filed: 6/26/2017, Entered: 6/26/2017
REPLY in Support of 6 MOTION to Dismiss Under F.R.C.P. 12(b)(6), filed by B93AFD6. (Bradley, Beth)
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Legal Document (Payment Possibly Required) 15 Filed: 6/26/2017, Entered: 6/26/2017 Court Filing
ORDER setting deadline. Joint Discovery/Case Management Plan due by 7/14/2017.(Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)
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Legal Document (Payment Possibly Required) 14 Filed: 6/22/2017, Entered: 6/22/2017
RETURN of Service, filed.(Swallow, John)
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Legal Document (Payment Possibly Required) 13 Filed: 6/13/2017, Entered: 6/13/2017
REPLY in Support of 2 MOTION to Remand, filed by Lewis Mechanical Sales, Inc.. (Attachments: # 1 Exhibit I, # 2 Exhibit J, # 3 Exhibit K, # 4 Exhibit L, # 5 Exhibit M, # 6 Exhibit N, # 7 Exhibit O, # 8 Exhibit P, # 9 Exhibit Q, # 10 Affidavit of John Swallow)(Swallow, John)
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Legal Document (Payment Possibly Required) 12 Filed: 6/12/2017, Entered: 6/12/2017
Request for Issuance of Summons as to Union Insurance Company, filed.(Swallow, John)
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Legal Document (Payment Possibly Required) 11 Filed: 6/12/2017, Entered: 6/12/2017
First AMENDED COMPLAINT with JURY DEMAND against All Defendants filed by Lewis Mechanical Sales, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Swallow, John)
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Legal Document (Payment Possibly Required) 10 Filed: 6/12/2017, Entered: 6/12/2017
ANSWER to 7 Answer to State Court Petition/Notice of Removal, Counterclaim with JURY DEMAND by Lewis Mechanical Sales, Inc., filed.(Swallow, John)
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Legal Document (Payment Possibly Required) 9 Filed: 6/12/2017, Entered: 6/12/2017
RESPONSE to 6 MOTION to Dismiss Under F.R.C.P. 12(b)(6) filed by Lewis Mechanical Sales, Inc.. (Swallow, John)
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Legal Document (Payment Possibly Required) 8 Filed: 5/31/2017, Entered: 5/31/2017
RESPONSE to 2 MOTION to Remand filed by Berkley Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Bradley, Beth)
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Legal Document (Payment Possibly Required) 7 Filed: 5/22/2017, Entered: 5/22/2017
ANSWER to 1 State Court Petition/Notice of Removal, COUNTERCLAIM against Lewis Mechanical Sales, Inc. by Berkley Insurance Company, filed.(Bradley, Beth)
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Legal Document (Payment Possibly Required) 6 Filed: 5/22/2017, Entered: 5/22/2017
MOTION to Dismiss Under F.R.C.P. 12(b)(6) by B93AFD6, filed. Motion Docket Date 6/12/2017. (Bradley, Beth)
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Legal Document (Payment Possibly Required) 5 Filed: 5/19/2017, Entered: 5/19/2017
NOTICE of Appearance by Aaron L. Mitchell on behalf of Berkley Insurance Company, filed. (Mitchell, Aaron)
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Legal Document (Payment Possibly Required) 4 Filed: 5/19/2017, Entered: 5/19/2017
NOTICE of Appearance by Matthew Rigney on behalf of Berkley Insurance Company, filed. (Rigney, Matthew)
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Legal Document (Payment Possibly Required) 3 Filed: 5/15/2017, Entered: 5/15/2017
PROPOSED ORDER GRANTING PLAINTIFF'S re: 2 MOTION to Remand, filed.(Swallow, John)
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Legal Document (Payment Possibly Required) 2 Filed: 5/12/2017, Entered: 5/12/2017
MOTION to Remand by Lewis Mechanical Sales, Inc., filed. Motion Docket Date 6/2/2017. (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)(Swallow, John)
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Legal Document (Payment Possibly Required) 1 Filed: 5/8/2017, Entered: 5/8/2017
NOTICE OF REMOVAL from 105th JDC Nueces, case number 2017DCV-1765-D (Filing fee $ 400 receipt number 0541-18329893) filed by Berkley Insurance Company.(Griffith, John)
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