WMS, LLC v. Allied Property & Casualty Insurance Company

Federal Civil Lawsuit Texas Western District Court, Case No. 5:17-cv-00078
District Judge David A. Ezra, presiding
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District Judge David A. Ezra
Last Updated July 30, 2025 at 12:52 AM EDT (7.6 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo WMS, LLC, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Thomas Hernandez +1 210 732 9900 +1 210 732 9919 rickgo1@sbcglobal.net

Represented by LAW OFFICE OF F. BLAKE DIETZMANN

Name Phone Fax E-Mail
Space F. Blake Dietzmann rickgo1@sbcglobal.net
v.
No Logo Allied Property & Casualty Insurance Company, Defendant

Represented by Hanna Plaut LLP

Name Phone Fax E-Mail
Space Lauren L Burgess +1 512 476 7834 +1 512 476 7832 lburgess@hannaplaut.com

Represented by Segal McCambridge Singer & Mahoney, Ltd.

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, TERMINATED: 06/30/2017, LEAD ATTORNEY Lauren L Burgess +1 512 476 7834 +1 512 476 7832 lburgess@hannaplaut.com
Space Patrick M. Kemp +1 512 476 7834 +1 512 476 7832 pkemp@smsm.com
ATTORNEY TO BE NOTICED, TERMINATED: 06/30/2017 Patrick M. Kemp +1 512 476 7834 +1 512 476 7832 pkemp@smsm.com
ATTORNEY TO BE NOTICED, TERMINATED: 06/30/2017, LEAD ATTORNEY Robert Glen Wall +1 512 476 7834 +1 512 476 7832 rwall@smsm.com
Space Robert Glen Wall +1 512 476 7834 +1 512 476 7832 rwall@smsm.com
No Logo Robert Roten, Defendant

Represented by Thompson, Coe, Cousins & Irons LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Thomas A Culpepper +1 214 871 8233 +1 214 871 8209 tculpepper@thompsoncoe.com
Attributes
Citation Section 42 U.S.C. § 4053
Nature of Suit 110 - Contract - Insurance
Jurisdiction Diversity
Case Status closed
Jury Demand Plaintiff
Timeline
  Entries (31) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 26 Filed: 9/18/2017, Entered: 9/19/2017
CLERK'S JUDGMENT (wg)
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Legal Document (Payment Possibly Required) 25 Filed: 9/18/2017, Entered: 9/18/2017 Court Filing
ORDER DISMISSING CASE, The Court, therefore, has no subject matter jurisdiction over Roten, and the claims against him are DISMISSED WITHOUT PREJUDICE. Accordingly, because there are no remaining claims against any defendant in this case, the Court INSTRUCTS the Clerk to CLOSE THIS CASE.Signed by Judge David A. Ezra. (wg)
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Legal Document (Payment Possibly Required) 24 Filed: 9/15/2017, Entered: 9/15/2017
DEFENDANT RESPONSE to 23 Order by Robert Roten. (Attachments: # 1 Exhibit A)(Culpepper, Thomas) Modified on 9/15/2017 (wg).
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Legal Document (Payment Possibly Required)  Filed: 7/10/2017, Entered: None Unknown Document Type
Text Order DENYING AS MOOT 18 Motion for Summary Judgment in light of settlement with Movant. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lc)
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Legal Document (Payment Possibly Required) 23 Filed: 9/13/2017, Entered: 9/13/2017 Court Filing
ORDER FOR STATUS ADVISORY, The Court ORDERS the remaining parties in this case to file a status advisory, jointly or separately, within ten days of the date of this Order. Signed by Judge David A. Ezra. (wg)
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Legal Document (Payment Possibly Required) 22 Filed: 7/17/2017, Entered: 7/17/2017 Court Filing
ORDER re 21 Stipulation of Dismissal filed by Allied Property & Casualty Insurance Company, Motions terminated:. Signed by Judge David A. Ezra. (wg)
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Legal Document (Payment Possibly Required)  Filed: 6/27/2017, Entered: None Unknown Document Type
Notice of Correction: Stip of Dismissal filed in Error as a Motion to Dismiss, re 19 MOTION to Dismiss With Prejudice - Stipulation. (wg)
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Legal Document (Payment Possibly Required) 21 Filed: 7/14/2017, Entered: 7/14/2017
STIPULATION of Dismissal Proposed Order on Stipulation by Allied Property & Casualty Insurance Company. (Kemp, Patrick)
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Legal Document (Payment Possibly Required) 20 Filed: 6/30/2017, Entered: 6/30/2017
STIPULATION of Dismissal Amended Against Def. Allied by WMS, LLC. (Dietzmann, F.)
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Legal Document (Payment Possibly Required)  Filed: 6/5/2017, Entered: None Unknown Document Type
Text Order GRANTING 16 Motion for Leave to File. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lc)
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Legal Document (Payment Possibly Required) 19 Filed: 6/27/2017, Entered: 6/27/2017
STIPULATION OF DISMISSAL with Prejudice filed by WMS, LLC. (Dietzmann, F.) Modified text & Event on 6/28/2017 (wg).
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Legal Document (Payment Possibly Required) 18 Filed: 6/5/2017, Entered: 6/5/2017
MOTION for Summary Judgment by Allied Property & Casualty Insurance Company. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J)(Kemp, Patrick)
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Legal Document (Payment Possibly Required) 17 Filed: 6/5/2017, Entered: 6/5/2017
1st AMENDED ANSWER to Plaintiff's Original Petition filed by Allied Property & Casualty Insurance Company. (wg)
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Legal Document (Payment Possibly Required) 16 Filed: 6/2/2017, Entered: 6/2/2017
Unopposed MOTION for Leave to File First Amended Answer and Defenses by Allied Property & Casualty Insurance Company. (Attachments: # 1 Proposed Order, # 2 Exhibit A - First Amended Answer)(Kemp, Patrick)
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Legal Document (Payment Possibly Required) 15 Filed: 5/18/2017, Entered: 5/18/2017
NOTICE of Filing DEFENDANTS RULE 26(a)(2) REBUTTAL EXPERT DISCLOSURES by Allied Property & Casualty Insurance Company (Attachments: # 1 Exhibit A)(Kemp, Patrick)
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Legal Document (Payment Possibly Required) 14 Filed: 5/4/2017, Entered: 5/4/2017
DESIGNATION OF EXPERT WITNESSES by WMS, LLC. (Attachments: # 1 Exhibit CV)(Dietzmann, F.)
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Legal Document (Payment Possibly Required) 13 Filed: 5/3/2017, Entered: 5/3/2017
STATUS REPORT Joint ADR Report by Allied Property & Casualty Insurance Company. (Kemp, Patrick)
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Legal Document (Payment Possibly Required) 12 Filed: 5/2/2017, Entered: 5/2/2017
Certificate of Interested Parties by WMS, LLC. (Dietzmann, F.)
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Legal Document (Payment Possibly Required) 11 Filed: 3/23/2017, Entered: 3/23/2017 Court Filing
ORDER DENYING 5 Motion to Remand to State Court and it's associated request for attorney's fees. Signed by Judge David A. Ezra. (wg)
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Legal Document (Payment Possibly Required) 10 Filed: 3/21/2017, Entered: 3/21/2017
REPLY to Response to Motion, filed by WMS, LLC, re 5 Opposed MOTION to Remand to State Court filed by Plaintiff WMS, LLC (Dietzmann, F.)
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Legal Document (Payment Possibly Required) 9 Filed: 3/14/2017, Entered: 3/15/2017 Court Filing
SCHEDULING ORDER: ADR Report Deadline due by 5/3/2017, Amended Pleadings due by 6/2/2017, Discovery due by 8/2/2017, Joinder of Parties due by 6/2/2017, Dispositive Motions due by 9/1/2017, 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) 8 Filed: 3/10/2017, Entered: 3/10/2017
RESPONSE to Motion, filed by Allied Property & Casualty Insurance Company, re 5 Opposed MOTION to Remand to State Court filed by Plaintiff WMS, LLC (Attachments: # 1 Proposed Order)(Kemp, Patrick)
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Legal Document (Payment Possibly Required) 7 Filed: 3/8/2017, Entered: 3/8/2017
Joint Scheduling Recommendations by Allied Property & Casualty Insurance Company. (Kemp, Patrick) & (F. Blake Dietzmann) Modified on 3/8/2017 (wg).
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Legal Document (Payment Possibly Required) 6 Filed: 3/8/2017, Entered: 3/8/2017
JOINT STATUS REPORT and Discovery Plan by Allied Property & Casualty Insurance Company. (Kemp, Patrick) Modified on 3/8/2017 (wg).
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Legal Document (Payment Possibly Required)  Filed: 2/2/2017, Entered: None Unknown Document Type
If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (wg)
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Legal Document (Payment Possibly Required) 5 Filed: 3/3/2017, Entered: 3/3/2017
Opposed MOTION to Remand to State Court by WMS, LLC. (Attachments: # 1 Affidavit 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, # 10 Affidavit Exhibit J, # 11 Proposed Order Remand)(Dietzmann, F.)
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Legal Document (Payment Possibly Required)  Filed: 2/2/2017, Entered: None Unknown Document Type
Case Randomly 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. (wg)
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Legal Document (Payment Possibly Required) 4 Filed: 2/6/2017, Entered: 2/7/2017 Court Filing
Order for Scheduling Recommendations/Proposed Scheduling Order. Parties shall submit a scheduling recommendations/proposed scheduling order to the Court within thirty (30) days from the date of this Order., Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge David A. Ezra. (wg)
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Legal Document (Payment Possibly Required) 3 Filed: 2/3/2017, Entered: 2/3/2017
Remark: Letter of Non-Admission to the WDTX/Forwarded to Atty: Rick Gonzales. (wg)
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Legal Document (Payment Possibly Required) 2 Filed: 2/2/2017, Entered: 2/2/2017
RULE 7 DISCLOSURE STATEMENT filed by Allied Property & Casualty Insurance Company. (Burgess, Lauren)
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Legal Document (Payment Possibly Required) 1 Filed: 2/2/2017, Entered: 2/2/2017
NOTICE OF REMOVAL by Allied Property & Casualty Insurance Company (Filing fee $400 receipt number 0542-9259084), filed by Allied Property & Casualty Insurance Company. (Attachments: # 1 Exhibit A - Plaintiff's Original Petition, # 2 Exhibit B - Defendant Roten's Original Answer, # 3 Civil Cover Sheet, # 4 Supplement Supp Civil Cover Sheet)(Kemp, Patrick)
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