Nayeb Family LP v. Certain Underwriters at Lloyd's London et al, No. 3:2021cv01859 - Document 9 (N.D. Tex. 2021)

Court Description: MEMORANDUM OPINION AND ORDER: The Court GRANTS IN PART and DENIES IN PART 7 NFLPs Motion and REMANDS this case to the 298th Judicial District Court of Dallas County, Texas, for further proceedings, with each party to bear its own cost. (Ordered by Judge Jane J. Boyle on 9/29/2021) (Attachments: # 1 Remand Letter, # 2 Docket Sheet) (svc)

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Dockets.Justia.com https://ecf.txnd.circ5.dcn/cgi-bin/DktRpt.pl?133509441518559-L_1_0-1 District Version 6.3.3 JURY,TOLIVER U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:21-cv-01859-B Internal Use Only Nayeb Family LP v. Certain Underwriters at Lloyd's London et al Assigned to: Judge Jane J. Boyle Case in other court: 298th District Court, Dallas County, TX, DC-21-09274 Cause: 28:1332 Diversity-(Citizenship) Date Filed: 08/09/2021 Jury Demand: Plaintiff Nature of Suit: 110 Contract: Insurance Jurisdiction: Diversity Plaintiff Nayeb Family LP represented by Andrew Thomas Peters The Peters Law Firm, PLLC P.O. Box 2065 Colleyville, TX 76034 817-693-8220 Fax: 817-696-9121 Email: dpeters@petersfirmtx.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing CERTIFIED A TRUE COPY KAREN MITCHELL, CLERK By s/*SONIAVANCAMP DEPUTY CLERK U.S. DISTRICT COURT, NORTHERN DISTRICT OF TEXAS V. September 29, 2021 Defendant Certain Underwriters at Lloyd's London Subscribing to Policy No. CSXFQP0000024-00 represented by Paige Craig Jones Phelps Dunbar LLP 115 Grand Avenue, Suite 222 Southlake, TX 76092 817-488-3134 Fax: 817-488-3214 Email: paige.jones@phelps.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing Maritza Yanith Sanchez Phelps Dunbar LLP 201 Main Street Suite 1350 Fort Worth, TX 76102 817-386-1161 Fax: 817-386-1170 Email: maritza.sanchez@phelps.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing Defendant HD&S Management LLC Counter Claimant Certain Underwriters at Lloyd's London Subscribing to Policy No. CSXFQP0000024-00 represented by Paige Craig Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing Maritza Yanith Sanchez (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing V. Counter Defendant Nayeb Family LP Date Filed 08/09/2021 Nayeb Family LP v. 1 of 1 represented by Andrew Thomas Peters (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing # Docket Text 1 NOTICE OF REMOVAL filed by Certain Underwriters at Lloyd's London Subscribing to Policy No. CSXFQP0000024-00. (Filing fee $402; receipt number 0539-12121533) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific 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. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify theat presiding judge. (Attachments: # 1 Exhibit(s) # 6 Cover Sheet, Certain Underwriters Lloyd's London et al A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E,Doc. 9 Att. 2 # 7 Cover Sheet Supplement) (Jones, Paige) (Entered: 08/09/2021) 08/09/2021 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Certain Underwriters at Lloyd's London Subscribing to Policy No. CSXFQP0000024-00. (Jones, Paige) (Entered: 08/09/2021) 08/09/2021 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (jmg) (Entered: 08/10/2021) 08/11/2021 4 ANSWER to Complaint filed by Certain Underwriters at Lloyd's London. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge., COUNTERCLAIM For Declaratory Judgment against Nayeb Family LP filed by Certain Underwriters at Lloyd's London (Jones, Paige) (Entered: 08/11/2021) 08/12/2021 5 ELECTRONIC ORDER: Plaintiff is hereby ORDERED to respond to Defendant Certain Underwriters at Lloyd's London ("Lloyds")'s argument, as set forth in its 1 Notice of Removal, that Defendant HD&S Management LLC is improperly joined. Plaintiff must file its response by no later than 9/2/2021. Defendant Lloyds may file a reply within 14 days of Plaintiff's response. (Ordered by Judge Jane J. Boyle on 8/12/2021) (chmb) (Entered: 08/12/2021) 08/16/2021 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Certain Underwriters at Lloyd's London identifying Corporate Parent/Other Affiliate Faraday Capital Limited for Certain Underwriters at Lloyd's London. (Jones, Paige) (Entered: 08/16/2021) 09/02/2021 7 MOTION to Remand to State Court filed by Nayeb Family LP with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Exhibit A - Motion to Remand, # 2 Exhibit(s) Exhibit B - Motion to Remand, # 3 Exhibit(s) Exhibit C - Motion to Remand, # 4 Proposed Order Proposed Order Granting Motion to Remand) (Heald, Kristofor) (Entered: 09/02/2021) 09/16/2021 8 Brief/Memorandum in Support filed by Certain Underwriters at Lloyd's London re 7 MOTION to Remand to State Court (Opposition to Motion to Remand) (Sanchez, Maritza) (Entered: 09/16/2021) 9/29/2021, 10:30 AM

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