The Army Retirement Residence Foundation-San Antonio, Inc. v. Philadelphia Indemnity Insurance Company

Federal Civil Lawsuit Texas Western District Court, Case No. 5:17-cv-00874
District Judge David A. Ezra, presiding
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District Judge David A. Ezra
Last Updated July 30, 2025 at 12:56 AM EDT (9.8 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
Defendant: Anonymized Party [EBC70D6], Catto & Catto, Inc., Fred Loya Insurance Agency, Inc., Michael Dean Hargrave
Plaintiff: PHILADELPHIA INDEMNITY INSURANCE COMPANY, The Army Retirement Residence Foundation-San Antonio, Inc.
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit 110 - Contract - Insurance
Jurisdiction Diversity
Case Status closed
Jury Demand Plaintiff
Monetary Demand $1,000,000,000
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required)  Filed: 9/25/2017, Entered: None Unknown Document Type
Notice of Correction: ****NOTIFIED COUNSEL THAT THIS ENTRY HAS BEEN EDITED TO REFLECT THIS DOCUMENT IS FILED ON BEHALF OF "Michael Dean Hargrave" ONLY****re 11 Response (Answer). (rf)
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Legal Document (Payment Possibly Required)  Filed: 9/8/2017, Entered: None Unknown Document Type
Case Assigned to Judge David A. Ezra. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (rg)
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Legal Document (Payment Possibly Required)  Filed: 9/8/2017, Entered: None Unknown Document Type
If ordered by the court, all referrals will be assigned to Magistrate Judge Docket A. (rg)
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Legal Document (Payment Possibly Required) 31 Filed: 5/4/2018, Entered: 5/7/2018
Clerk's Copy of 30 Remand Letter (rf)
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Legal Document (Payment Possibly Required) 30 Filed: 4/30/2018, Entered: 4/30/2018
Letter/Correspondence to the 438th Judicial District Court of Bexar County, Texas on the Order for Remand. (rg)
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Legal Document (Payment Possibly Required) 29 Filed: 4/26/2018, Entered: 4/30/2018 Court Filing
ORDER GRANTING Plaintiff's 4 Motion to Remand. The action is REMANDED to the 438th Judicial District State Court of Bexar County, Texas. ORDER DENYING AS MOOT 26 Motion to Dismiss. Signed by Judge David A. Ezra. (rg)
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Legal Document (Payment Possibly Required) 28 Filed: 4/16/2018, Entered: 4/16/2018
ADVISORY TO THE COURT by The Army Retirement Residence Foundation-San Antonio, Inc.. (Gravely, Marc)
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Legal Document (Payment Possibly Required) 27 Filed: 4/11/2018, Entered: 4/11/2018
ATTACHMENT Proposed Order 26 on Rule 12(b)(6) Motion to Dismiss by Catto & Catto, Inc.. (Culpepper, Thomas)
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Legal Document (Payment Possibly Required) 26 Filed: 4/10/2018, Entered: 4/10/2018
MOTION to Dismiss by Catto & Catto, Inc.. (Attachments: # 1 Exhibit A - Motion, # 2 Exhibit B - Response)(Culpepper, Thomas)
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Legal Document (Payment Possibly Required) 25 Filed: 4/6/2018, Entered: 4/6/2018
NOTICE of Defendant EBC70D6 Service of Initial Rule 26 (a)(1) Disclosures by EBC70D6 (Pilat, William)
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Legal Document (Payment Possibly Required) 24 Filed: 4/6/2018, Entered: 4/6/2018
NOTICE of Defendant's Service of Initial Rule 26 (a)(1) Disclosures by Philadelphia Indemnity Insurance Company (Pilat, William)
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Legal Document (Payment Possibly Required) 23 Filed: 4/5/2018, Entered: 4/6/2018 Court Filing
SCHEDULING ORDER, ( ADR Report Deadline due by 7/20/2018,, Amended Pleadings due by 7/27/2018,, Discovery due by 11/21/2018,, Joinder of Parties due by 7/27/2018,, Dispositive Motions due by 12/21/2018,)The Court will set the case for trial by separate order. Signed by Judge David A. Ezra. (wg)
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Legal Document (Payment Possibly Required) 22 Filed: 4/4/2018, Entered: 4/4/2018
Scheduling Recommendations by Philadelphia Indemnity Insurance Company. (Pilat, William)
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Legal Document (Payment Possibly Required) 21 Filed: 3/15/2018, Entered: 3/15/2018 Court Filing
ORDER FOR SCHEDULING RECOMMENDATIONS AND ADVISORY CONCERNING MAGISTRATE JUDGE ASSIGNMENT - the parties shall submit a proposed scheduling order to the Court within thirty (30) days from the date of this order. The parties are to notify the Court on whether or not they will consent to US Magistrate jurisdiction. Signed by Judge David A. Ezra. (rg)
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Legal Document (Payment Possibly Required) 20 Filed: 3/14/2018, Entered: 3/14/2018 Court Filing
ORDER RE-OPENING CASE - The Court finds that re-opening the case is appropriate at this time. The Clerks office is DIRECTED to RE-OPEN the case. Signed by Judge David A. Ezra. (rg)
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Blank  Filed: 3/14/2018, Entered: 3/14/2018
If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (rf)
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Legal Document (Payment Possibly Required) 19 Filed: 3/13/2018, Entered: 3/13/2018
ADVISORY TO THE COURT by Philadelphia Indemnity Insurance Company. (Pilat, William)
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Legal Document (Payment Possibly Required) 18 Filed: 2/2/2018, Entered: 2/2/2018
ADVISORY TO THE COURT by The Army Retirement Residence Foundation-San Antonio, Inc.. (Attachments: # 1 Exhibit A)(Gravely, Marc)
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Legal Document (Payment Possibly Required) 17 Filed: 10/19/2017, Entered: 10/20/2017 Court Filing
ORDER ADMINISTRATIVELY CLOSING CASE. Signed by Judge David A. Ezra. (rg)
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Legal Document (Payment Possibly Required) 16 Filed: 10/18/2017, Entered: 10/19/2017 Court Filing
SCHEDULING ORDER: ADR Report Deadline due by 12/15/2017, Amended Pleadings due by 12/15/2017, Discovery due by 6/29/2018, Joinder of Parties due by 12/15/2017, Dispositive Motions due by 7/27/2018. Signed by Judge David A. Ezra. (rg)
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Legal Document (Payment Possibly Required) 15 Filed: 10/18/2017, Entered: 10/18/2017
Response in Opposition to Motion, filed by The Army Retirement Residence Foundation-San Antonio, Inc., re 12 MOTION to Dismiss filed by Defendant Catto & Catto, Inc. (Attachments: # 1 Proposed Order)(Gravely, Marc)
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Legal Document (Payment Possibly Required) 14 Filed: 10/12/2017, Entered: 10/12/2017
Scheduling Recommendations (Jointly) by Philadelphia Indemnity Insurance Company. (Pilat, William)
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Legal Document (Payment Possibly Required) 13 Filed: 10/10/2017, Entered: 10/10/2017
Opposed MOTION Verified Plea in Abatement by EBC70D6. (Attachments: # 1 Exhibit 1 Verification, # 2 Proposed Order)(Pilat, William)
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Legal Document (Payment Possibly Required) 12 Filed: 10/5/2017, Entered: 10/5/2017
MOTION to Dismiss by Catto & Catto, Inc.. (Attachments: # 1 Proposed Order)(Culpepper, Thomas)
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Legal Document (Payment Possibly Required) 11 Filed: 9/25/2017, Entered: 9/25/2017
RESPONSE EBC70D6 Original Answer by EBC70D6 (Pilat, William) Modified on 9/25/2017, to correct filer (rf).
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Legal Document (Payment Possibly Required) 10 Filed: 9/21/2017, Entered: 9/21/2017
Summons Issued as to Fred Loya Insurance Agency, Inc. (aej)
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Legal Document (Payment Possibly Required) 9 Filed: 9/21/2017, Entered: 9/21/2017
REPLY to Response to Motion, filed by The Army Retirement Residence Foundation-San Antonio, Inc., re 4 Opposed MOTION to Remand to State Court filed by Plaintiff The Army Retirement Residence Foundation-San Antonio, Inc. (Attachments: # 1 Proposed Order)(Gravely, Marc)
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Legal Document (Payment Possibly Required) 8 Filed: 9/18/2017, Entered: 9/18/2017
Response in Opposition to Motion, filed by Philadelphia Indemnity Insurance Company, re 4 Opposed MOTION to Remand to State Court filed by Plaintiff The Army Retirement Residence Foundation-San Antonio, Inc. (Attachments: # 1 Proposed Order)(Pilat, William)
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Legal Document (Payment Possibly Required) 7 Filed: 9/14/2017, Entered: 9/14/2017
Certificate of Interested Parties by Philadelphia Indemnity Insurance Company. (Pilat, William)
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Legal Document (Payment Possibly Required) 6 Filed: 9/13/2017, Entered: 9/13/2017
ATTACHMENT Proposed Order to 4 Opposed MOTION to Remand to State Court by The Army Retirement Residence Foundation-San Antonio, Inc.. (Gravely, Marc)
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Legal Document (Payment Possibly Required) 5 Filed: 9/13/2017, Entered: 9/13/2017
DEFICIENCY NOTICE: to attorney Marc E. Gravely Proposed order required with motion. DO NOT re-file entire document. Please file ONLY the proposed order using the "Attachment" event located under "Other Documents" from menu and link the proposed order to thisdocument. See page 11, item 9d of the Administrative Policies and Procedures for Electronic Filing, Western of District of Texas. re 4 Opposed MOTION to Remand to State Court (rg)
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Legal Document (Payment Possibly Required) 4 Filed: 9/12/2017, Entered: 9/12/2017
DOCUMENT DEFICIENT - See Deficiency Notice #5. Opposed MOTION to Remand to State Court by The Army Retirement Residence Foundation-San Antonio, Inc. (Gravely, Marc) Modified on 9/13/2017 (rg).
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Legal Document (Payment Possibly Required) 3 Filed: 9/12/2017, Entered: 9/12/2017 Court Filing
Order for Scheduling Recommendations/and Advisory Concerning Magistrate Judge Assignment - the parties shall submit a proposedscheduling order to the Court within thirty (30) days from the date of this order. The parties are to notify the court on whether or not they will consent to US Magistrate Judge jurisdiction. Signed by Judge David A. Ezra. (rg)
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Legal Document (Payment Possibly Required) 2 Filed: 9/11/2017, Entered: 9/12/2017
Letter/Correspondence to attorney Andrew J. Mihalick regarding Attorney Admission in the Western District of Texas for Philadelphia Indemnity Insurance Company. (rg)
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Legal Document (Payment Possibly Required) 1 Filed: 9/8/2017, Entered: 9/8/2017
NOTICE OF REMOVAL by Philadelphia Indemnity Insurance Company (Filing fee $400 receipt number 0542-9961192), filed by Philadelphia Indemnity Insurance Company. (Attachments: # 1 Exhibit Plaintiff's Corporate Documents, # 2 Exhibit Affidavit PIIC Support of Removal, # 3 Exhibit Affidavit of EBC70D6, # 4 Exhibit Affidavit of Catto & Catto, # 5 Exhibit JS-44 Civil Cover Sheet, # 6 Exhibit All documents filed in State Court, # 7 Exhibit State Court Docket Sheet, # 8 Exhibit Counsel of Record)(Pilat, William)
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