Weesner v. The Hartford

Federal Civil Lawsuit Texas Northern District Court, Case No. 4:11-cv-00506
District Judge Terry R Means, presiding
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District Judge Terry R Means
Last Updated January 21, 2019 at 9:04 AM EST (6.9 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Tabitha Weesner, Plaintiff

Represented by Rosen Bien Galvan & Grunfeld LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing George Lynn Clanton +1 817 831 6060 +1 817 831 4090 lynnclantonlaw@sbcglobal.net
v.
No Logo Express Energy Services Operating, LP, Defendant

Represented by Jackson Walker LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Richard G. Garza +1 210 978 7734 +1 210 242 4606 rgarza@jw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Danielle E Needham +1 817 334 7227 +1 817 334 7290 dneedham@jw.com

Represented by Sullins Johnston Rohrbach & Magers

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Joel Rheman +1 713 521 0221 +1 713 521 3242 jrheman@sjrm.com
No Logo Hartford Life And Accident Insurance Company, Defendant
The Hartford The Hartford, Defendant

Represented by Sedgwick LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED, Bar Status: Not Admitted Michael H. Bernstein +1 212 422 0202 +1 212 422 0925 michael.bernstein@sdma.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Michael C Diksa +1 469 227 8200 +1 469 227 8004 mike.diksa@sedgwicklaw.com
Other Parties
No Logo ADR Provider, Mediator

Represented by Kelly Hart & Hallman LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Len A Wade +1 817 332 2500 +1 817 878 9280 len.wade@khh.com
Attributes
Citation Section 29 U.S.C. § 1001
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Timeline
  Entries (41) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 41 Filed: 12/21/2012, Entered: None Court Filing
FINAL JUDGMENT...All claims in the above-styled and -numbered cause against Express are DISMISSED WITH PREJUDICE. Each party shall bear its own costs. (See judgment for specifics) (Ordered by Judge Terry R Means on 12/21/2012) (ewd) (Entered: 12/21/2012)
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Legal Document (Payment Possibly Required) 40 Filed: 12/21/2012, Entered: None
Alternative Dispute Resolution Summary filed by ADR Provider. Attorneys in Attendance: 2. Prv Fee: $ 1300. Outcome of ADR: Settled as a result of ADR. (Wade, Len) (Entered: 12/21/2012)
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Legal Document (Payment Possibly Required) 39 Filed: 12/20/2012, Entered: None
Joint STIPULATION OF DISMISSAL With Presjudice by Express Energy Services Operating, L.P., Tabitha Weesner. (Needham, Danielle) (Entered: 12/20/2012)
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Legal Document (Payment Possibly Required) 38 Filed: 12/13/2012, Entered: None Court Filing
SECOND ORDER TO FILE THE ALTERNATIVE DISPUTE RESOLUTION SUMMARY FORM. The ADR Summary has not been filed. Accordingly, the parties must file the ADR Summary no later than December 20, 2012, or show cause in writing as to why they have not done so. Further, if the parties' differences are resolved by mediation, an agreed motion to dismiss or stipulation of dismissal due to settlement signed by counsel for all parties must also be filed no later than December 21, 2012, pursuant to the September 6 order. (Ordered by Judge Terry R Means on 12/13/2012) (npk) (Entered: 12/13/2012)
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Legal Document (Payment Possibly Required) 37 Filed: 11/19/2012, Entered: None
AMENDED COMPLAINT Tabitha Weesner against Express Energy Services Operating, L.P. filed by Tabitha Weesner. (One or more defendant(s) is no longer named.) (Clanton, George) (Entered: 11/19/2012)
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Legal Document (Payment Possibly Required) 36 Filed: 11/16/2012, Entered: None Court Filing
ORDER FOR TRIAL-SETTING CONFERENCE. This cause has been set for a conference to be held in chambers, 201 U. S. Courthouse, Fort Worth, Texas, on January 29, 2013, at 10:00 a.m., at which time a trial date will be set and trial time for each party will be discussed. (Ordered by Judge Terry R Means on 11/16/2012) (npk) (Entered: 11/16/2012)
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Legal Document (Payment Possibly Required) 35 Filed: 11/7/2012, Entered: None Court Filing
ORDER GRANTING MOTION FOR LEAVE granting 29 Motion for Leave to FileAmended Pleading; denying as moot 30 Motion for a Rule 56(d) Continuance. Amended Pleadings due by 11/26/2012. (Ordered by Judge Terry R Means on 11/7/2012) (npk) (Entered: 11/07/2012)
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Legal Document (Payment Possibly Required) 34 Filed: 11/6/2012, Entered: None Court Filing
ORDER denying as moot 24 Motion for Summary Judgment. (Ordered by Judge Terry R Means on 11/6/2012) (npk) (Entered: 11/06/2012)
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Legal Document (Payment Possibly Required) 33 Filed: 11/6/2012, Entered: None Court Filing
RULE 54(b) FINAL JUDGMENT. Pursuant to the Stipulation of Dismissal With Prejudice (doc. 32 ) filed by plaintiff Tabitha Weesner and defendants The Hartford and Hartford Life and Accident Insurance Company (collectively, Hartford), all claims in this cause against Hartford are DISMISSED WITH PREJUDICE. Given that there is no just reason for delay, the Court ENTERS this final judgment dismissing Hartford from the case pursuant to Federal Rule of Civil Procedure 54(b). Party Hartford Life and Accident Insurance Company and The Hartford terminated. (Ordered by Judge Terry R Means on 11/6/2012) (npk) (Entered: 11/06/2012)
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Legal Document (Payment Possibly Required) 32 Filed: 11/2/2012, Entered: None
STIPULATION OF DISMISSAL with Prejudice by Hartford Life and Accident Insurance Company, The Hartford, Tabitha Weesner. (Diksa, Michael) (Entered: 11/02/2012)
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Legal Document (Payment Possibly Required) 31 Filed: 10/10/2012, Entered: None
RESPONSE filed by Hartford Life and Accident Insurance Company, The Hartford re: 30 MOTION to Continue (Attachments: # 1 Exhibit(s) unpublished cases) (Diksa, Michael) (Entered: 10/10/2012)
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Legal Document (Payment Possibly Required) 30 Filed: 9/19/2012, Entered: None
MOTION to Continue and Memorandum in Support filed by Tabitha Weesner (Attachments: # 1 Exhibit(s), # 2 Proposed Order) (Clanton, George) Modified on 9/20/2012 (npk). (Entered: 09/19/2012)
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Legal Document (Payment Possibly Required) 29 Filed: 9/13/2012, Entered: None
MOTION to Amend/Correct filed by Tabitha Weesner (Attachments: # 1 Exhibit(s), # 2 Proposed Order) (Clanton, George) (Entered: 09/13/2012)
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Legal Document (Payment Possibly Required) 28 Filed: 9/6/2012, Entered: None Court Filing
ORDER APPOINTING MEDIATOR. The court appoints Len A Wade as mediator. The parties are to complete mediation during the month of November. ADR Summary provided as Exhibit B to the order. The clerk will send any requested documents to the mediator. ADR Summary form due 12/7/2012. (Ordered by Judge Terry R Means on 9/6/2012) [order and documents emailed to provider] (npk) (Entered: 09/06/2012)
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Legal Document (Payment Possibly Required) 27 Filed: 9/4/2012, Entered: None
Designation of Mediator by Express Energy Services Operating, L.P., Hartford Life and Accident Insurance Company, The Hartford, Tabitha Weesner. (Diksa, Michael) (Entered: 09/04/2012)
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Legal Document (Payment Possibly Required) 26 Filed: 8/30/2012, Entered: None
Appendix in Support filed by Hartford Life and Accident Insurance Company, The Hartford re 24 MOTION for Summary Judgment (Attachments: # 1 Additional Page(s) Hartford MSJ Appendix Part 2) (Diksa, Michael) (Entered: 08/30/2012)
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Legal Document (Payment Possibly Required) 25 Filed: 8/30/2012, Entered: None
Brief/Memorandum in Support filed by Hartford Life and Accident Insurance Company, The Hartford re 24 MOTION for Summary Judgment (Diksa, Michael) (Entered: 08/30/2012)
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Legal Document (Payment Possibly Required) 24 Filed: 8/30/2012, Entered: None
MOTION for Summary Judgment filed by Hartford Life and Accident Insurance Company, The Hartford (Diksa, Michael) (Entered: 08/30/2012)
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Legal Document (Payment Possibly Required) 23 Filed: 5/16/2012, Entered: None Court Filing
ORDER OF REFERRAL FOR MEDIATION IN NOVEMBER 2012. The parties are to select or designate a mediator. The parties are to complete mediation during the month of November. ADR Summary provided as Exhibit B to the order. Deadline for parties to designate a mediator is on or before 9/4/2012. ADR Summary form due 12/7/2012. (See order for specifics) (Ordered by Judge Terry R Means on 5/16/2012) (npk) (Entered: 05/16/2012)
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Legal Document (Payment Possibly Required) 22 Filed: 5/16/2012, Entered: None Court Filing
INITIAL SCHEDULING ORDER: Joinder of Parties due by 7/16/2012. Amended Pleadings due by 9/13/2012. Discovery due by 11/13/2012. Motions due by 12/13/2012. (See order for additional deadlines) (Ordered by Judge Terry R Means on 5/16/2012) (npk) (Entered: 05/16/2012)
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Legal Document (Payment Possibly Required) 21 Filed: 5/16/2012, Entered: None Court Filing
ORDER denying 15 Motion to Remand. (Ordered by Judge Terry R Means on 5/16/2012) (npk) (Entered: 05/16/2012)
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Legal Document (Payment Possibly Required) 20 Filed: 1/19/2012, Entered: None
Appendix in Support filed by Hartford Life and Accident Insurance Company, The Hartford re 18 Response/Objection to Plaintiff's Motion for Remand (Diksa, Michael) (Entered: 01/19/2012)
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Legal Document (Payment Possibly Required) 19 Filed: 1/19/2012, Entered: None
Brief/Memorandum in Support filed by Hartford Life and Accident Insurance Company, The Hartford re 18 Response/Objection to Plaintiff's Motion for Remand (Diksa, Michael) (Entered: 01/19/2012)
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Legal Document (Payment Possibly Required) 18 Filed: 1/19/2012, Entered: None
RESPONSE filed by Hartford Life and Accident Insurance Company, The Hartford re: 15 MOTION to Remand (Diksa, Michael) (Entered: 01/19/2012)
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Legal Document (Payment Possibly Required) 17 Filed: 1/18/2012, Entered: None
Joint STATUS REPORT AND PROPOSED DISCOVERY PLAN filed by Express Energy Services Operating, L.P., Hartford Life and Accident Insurance Company, The Hartford, Tabitha Weesner. (Needham, Danielle) (Entered: 01/18/2012)
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Legal Document (Payment Possibly Required) 16 Filed: 1/4/2012, Entered: None
Notice of Correction of Signature Omission, correcting signature omission in 15 Motion to Remand, Brief in Support and Appendix filed by Tabitha Weesner. (Clanton, George) Modified on 1/4/2012 (cxb). (Entered: 01/04/2012)
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Legal Document (Payment Possibly Required) 15 Filed: 12/30/2011, Entered: None
MOTION to Remand filed by Tabitha Weesner with Brief/Memorandum in Support. (Attachments: # 1 Brief in Support of Motion, # 2 Appendix) (Clanton, George) (Entered: 12/30/2011)
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Legal Document (Payment Possibly Required) 14 Filed: 12/29/2011, Entered: None Court Filing
ORDER granting 13 Motion to Withdraw. (see order for specifics) (Ordered by Judge Terry R Means on 12/29/2011) (mpw) (Entered: 12/29/2011)
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Legal Document (Payment Possibly Required) 13 Filed: 12/27/2011, Entered: None
MOTION for the Court to Withdraw It's Intention to Dismiss filed by Tabitha Weesner (Clanton, George) Modified on 12/28/2011 (uls). Modified on 1/4/2012 to correct clerk action(uls). (Entered: 12/27/2011)
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Legal Document (Payment Possibly Required) 12 Filed: 12/22/2011, Entered: None Court Filing
ORDER FOR ADMISSION PRO HAC VICE...granting 10 Application for Admission Pro Hac Vice of Michael H. Bernstein. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Terry R Means on 12/22/2011) (klm) (Entered: 12/22/2011)
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Legal Document (Payment Possibly Required) 11 Filed: 12/21/2011, Entered: None
ANSWER to 6 Amended Complaint filed by Hartford Life and Accident Insurance Company, The Hartford. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. (Diksa, Michael) (Entered: 12/21/2011)
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Legal Document (Payment Possibly Required) 10 Filed: 12/20/2011, Entered: None
Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Michael H. Bernstein (Filing fee $25; Receipt number 0539-4302218) filed by Hartford Life and Accident Insurance Company, The Hartford (Attachments: # 1 Exhibit(s) Court Admissions and Member of Goodstanding) (Diksa, Michael) (Entered: 12/20/2011)
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Legal Document (Payment Possibly Required) 9 Filed: 12/19/2011, Entered: None Court Filing
ORDER TO SUBMIT JOINT STATUS REPORT AND PROPOSED DISCOVERY PLAN. The parties are ordered to electronically file with the clerk of the court the signed joint status report and proposed discovery plan (one instrument) within 30 days of the date of the filing of this order. (See order for specifics) (Ordered by Judge Terry R Means on 12/19/2011) (npk) (Entered: 12/19/2011)
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Legal Document (Payment Possibly Required) 8 Filed: 12/16/2011, Entered: None
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Express Energy Services Operating, L.P. identifying Corporate Parent/Other Affiliate Express Energy Services, LLC, Corporate Parent/Other Affiliate Express Energy Services GP, LLC for Express Energy Services Operating, L.P.. (Needham, Danielle) (Entered: 12/16/2011)
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Legal Document (Payment Possibly Required) 7 Filed: 12/16/2011, Entered: None
Defendant Express Energy Services Operating LP's ANSWER to 6 Amended Complaint filed by Express Energy Services Operating, L.P.. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. (Needham, Danielle) (Entered: 12/16/2011)
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Legal Document (Payment Possibly Required) 6 Filed: 12/7/2011, Entered: None
AMENDED COMPLAINT against All Defendants filed by Tabitha Weesner. (Clanton, George) (Entered: 12/07/2011)
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Legal Document (Payment Possibly Required) 5 Filed: 11/21/2011, Entered: None Court Filing
***WITHDRAWN PER ORDER 14 *** NOTICE OF INTENTION TO DISMISS. If Plaintiff desires to pursue her claims against Express, she must file (1) a request for clerk's entry of default and (2) a motion for default judgment no later than December 30, 2011, or her claims against Express will be dismissed, without prejudice but without further notice, pursuant to local rule 55.1. (Ordered by Judge Terry R Means on 11/21/2011) (npk) Modified on 1/4/2012 (uls). (Entered: 11/21/2011)
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Legal Document (Payment Possibly Required) 4 Filed: 8/3/2011, Entered: None
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Tabitha Weesner. (Clanton, George) (Entered: 08/03/2011)
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Legal Document (Payment Possibly Required) 3 Filed: 7/20/2011, Entered: None Court Filing
New Case Notes: A filing fee has been paid. File to Judge Means. 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. (npk) (Entered: 07/22/2011)
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Legal Document (Payment Possibly Required) 2 Filed: 7/21/2011, Entered: None Court Filing
ORDER REQUIRING PLAINTIFF TO COMPLY WITH LOCAL RULE. Although Plaintiff did not remove this case, the Court concludes that Plaintiff should also file a certificate of interested persons no later than August 4, 2011. (Ordered by Judge Terry R Means on 7/21/2011) (npk) (Entered: 07/21/2011)
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Legal Document (Payment Possibly Required) 1 Filed: 7/20/2011, Entered: None Court Filing
NOTICE OF REMOVAL from 271st District Court of Wise County, Texas, case number cv11-06-478 filed by The Hartford, Hartford Life and Accident Insurance Company. 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. (Filing fee $350; receipt number 0539-4013098) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (Attachments: # 1 Exhibit(s) A: Consent to Removal by Defendant Express Energy Services Operating, L.P., # 2 Exhibit(s) B - Index of State Court Documents, # 3 Exhibit(s) C - State Court Docket Sheet, # 4 Exhibit(s) D-1 Plaintiff's Original Petition, # 5 Exhibit(s) D-2 Citation to The Hartford, # 6 Exhibit(s) D-3 Citation to Hartford Life, # 7 Exhibit(s) D-4 Citation to Express Energy, # 8 Exhibit(s) D-5 Hartford Original Answer, # 9 Exhibit(s) D-6 Rule 11 Agreement, # 10 Exhibit(s) E - Certificate of Interested Persons, # 11 Cover Sheet Civil Cover Sheet, # 12 Cover Sheet Supplement Supplemental Civil Cover Sheet) (Diksa, Michael) (Entered: 07/20/2011)
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