On November 16, 2021 a
Miscellaneous
was filed
involving a dispute between
Toupal, Brandon,
and
Coleman, Kayce,
Root Insurance Company,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
Preview
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U. S. District Court ll
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LOSED,HORAN,IURY
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE
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[53"111'22 pcv 0006i
Toupal v. Root Insurance Company et a1 Date F1led 01 /2022
‘4r
Assigned to: Judge Ed Kinkeade tbaf rm ated 02/11/2022
Case in other court: 160th Judicial District Court, Dallas County, T I’ fl
. . . -
DC-21-16822 Nature of Su1t: 110 Contract. Insurance
Cause: 28:1441 Petition for Removal- Breach of Contract Jurisdiction: Diversity
Plaintiff
Brandon Toupal represented by Christopher Keith Provost
Witherite Law Group PLLC
10440 N Central Expressway '
’" Suite 400
Dallas, TX 75231
972-499-7652
Fax: 214-935-2693
Email: christopherprovost@witheritelaw.com
‘
1
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/1n Good Standing
Shelly Greco
Witherite Law Group PLLC
10440 North Central Expressway
Suite 400
Dallas, TX 75231
214-378-6665
Fax: 214—378-6670
Email: shelly.greco@witheritelaw.com
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing
V.
Defendant
Root Insurance Company
‘ represented by Rhonda J Thompson
Thompson Coe Cousins & Irons LLP
'
..
700 North Pearl Street, 25th Floor
Dallas, TX 75201-2832
214-871-8200
Fax: 214-871-8209
Email: rthompson@thompsoncoe.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing
Brett Daniel Gardner
Thompson Coe Cousins & Irons LLP
700 N Pearl Street, 25th Floor
Dallas, TX 75201
214-880-2676
Fax: 214-871-8209
Email: bgardner@thompsoncoe.com
ATTORNEY T0 BE NOTICED
Bar Status: Admitted/In Good Standing
Defendant
1 of2 2/14/2022, 11:01 AM
District Version 6.3 .3 https://ecf.txnd.circS.dcn/cgi—bin/DktRpt.pl?l120411984853 11-L_1_0-1
Kayce Coleman represented by Rhonda Thompson J
(See above for address)
LEAD AITORNE Y
ATTORNEY T0 BE NOTICED
Bar Status: Admitted/In Good Standing
Brett Daniel Gardner
,
(See above for address)
ATTORNEY TO BE NOTICED
Bar Status: AdmittecVIn Good Standing
Da’te Filed Docket Text
01/12/2022 NOTICE OF REMOVAL WITH JURY DEMAND filed by Root Insurance Company. (Filing fee $402; receipt
number 0539-12516757) 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—musbseekadmission pro‘mptlyrForms-andnstructionsfound'at—wwwtxnd‘uscourtfgororbyflIckinghere
Attomev Information- Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will
notify the presiding judge. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5
Exhibit(s) E, #7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 # 1_Q Cover Sheet, # 1_1 Cover
# 6 Exhibit(s) F, Exhibit(s) I,
Sheet Supplement) (Thompson, Rhonda) (Entered. 01/12/2022)
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATED/IENT by Root Insurance Company.
IN
01/12/2022
(Thompson, Rhonda) (Entered: 01/ 12/2022)
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to
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01/ 12/2022
Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not
received electronically. (mla) (Entered: 01/ 12/2022)
0 l/ 12/2022 ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING
I-P
ORDER (Ordered by Judge Ed Kinkeade on 1/ 12/2022) (chmb) (Entered. 01/12/2022)
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Brandon Toupal @rovost,
[LII
0 11/19/2022 .1
Christopher) (Entered: 01/19/2022)
’
ORDER: The Court ORDERS Plaintiff to file a brief within 21 days of this order addressing: (1) whether
|O\
02/08/2022
Defendant Coleman was improperly joined to this action; and (2) the effect, if any, on this Court's subject-matter
jurisdiction. Defendant Root may file a response within 14 days of Plaintiff‘s brief. There shall be no reply unless
otherwise ordered by the Court. (Ordered by Judge Ed Kinkeade on 2/8/2022) (chmb) (Entered: 02/08/2022)
l
N.
02/ 11/2022 Agreed MOTION to Remand to State Court filed by Kayce Coleman, Root Insurance Company (Attachments: #
Proposed Order) (Thompson, Rhonda) (Entered: 02/11/2022)
02/11/2022 ELECTRONICORDER granting ‘2' Agreed Motion to Remand-to State-Court. After considering the Agreed .'
Motion to Remand filed by the parties, the Court hereby GRANTS the requested relief. IT IS THEREFORE
ORDERED that this matter is remanded to the 160th Judicial District Court of Dallas Texas. (Ordered by
County,
Judge Ed Kinkeade on 2/ 11/2022) (chmb) (Entered. 02/11/2022)
02/ 14/2022 Clerk's Notice of Ma111ng Certified copy of document number 8 and docket sheet mailed to 160th Judicial District -
Court of Dallas County, TX on 2/ 14/2022 (axm) (Entered. 02/ 14/2022) -
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2of2 2/14/2022, 11:01 AN
Document Filed Date
March 31, 2022
Case Filing Date
November 16, 2021
Category
MOTOR VEHICLE ACCIDENT
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Preview
District Version 6.3.3 https://ecftxndcirc5.dcn/cgi-bin/DktRptpl?112041198485311-L_1_0- l , “g 3/ - :bL/Ql l U. S. District Court ll -: . LOSED,HORAN,IURY Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE ”SD L! [53"111'22 pcv 0006i Toupal v. Root Insurance Company et a1 Date F1led 01 /2022 ‘4r Assigned to: Judge Ed Kinkeade tbaf rm ated 02/11/2022 Case in other court: 160th Judicial District Court, Dallas County, T I’ fl . . . - DC-21-16822 Nature of Su1t: 110 Contract. Insurance Cause: 28:1441 Petition for Removal- Breach of Contract Jurisdiction: Diversity Plaintiff Brandon Toupal represented by Christopher Keith Provost Witherite Law Group PLLC 10440 N Central Expressway ' ’" Suite 400 Dallas, TX 75231 972-499-7652 Fax: 214-935-2693 Email: christopherprovost@witheritelaw.com ‘ 1 LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/1n Good Standing Shelly Greco Witherite Law Group PLLC 10440 North Central Expressway Suite 400 Dallas, TX 75231 214-378-6665 Fax: 214—378-6670 Email: shelly.greco@witheritelaw.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing V. Defendant Root Insurance Company ‘ represented by Rhonda J Thompson Thompson Coe Cousins & Irons LLP ' .. 700 North Pearl Street, 25th Floor Dallas, TX 75201-2832 214-871-8200 Fax: 214-871-8209 Email: rthompson@thompsoncoe.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing Brett Daniel Gardner Thompson Coe Cousins & Irons LLP 700 N Pearl Street, 25th Floor Dallas, TX 75201 214-880-2676 Fax: 214-871-8209 Email: bgardner@thompsoncoe.com ATTORNEY T0 BE NOTICED Bar Status: Admitted/In Good Standing Defendant 1 of2 2/14/2022, 11:01 AM District Version 6.3 .3 https://ecf.txnd.circS.dcn/cgi—bin/DktRpt.pl?l120411984853 11-L_1_0-1 Kayce Coleman represented by Rhonda Thompson J (See above for address) LEAD AITORNE Y ATTORNEY T0 BE NOTICED Bar Status: Admitted/In Good Standing Brett Daniel Gardner , (See above for address) ATTORNEY TO BE NOTICED Bar Status: AdmittecVIn Good Standing Da’te Filed Docket Text 01/12/2022 NOTICE OF REMOVAL WITH JURY DEMAND filed by Root Insurance Company. (Filing fee $402; receipt number 0539-12516757) 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—musbseekadmission pro‘mptlyrForms-andnstructionsfound'at—wwwtxnd‘uscourtfgororbyflIckinghere Attomev Information- Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, #7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 # 1_Q Cover Sheet, # 1_1 Cover # 6 Exhibit(s) F, Exhibit(s) I, Sheet Supplement) (Thompson, Rhonda) (Entered. 01/12/2022) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATED/IENT by Root Insurance Company. IN 01/12/2022 (Thompson, Rhonda) (Entered: 01/ 12/2022) New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to |UJ 01/ 12/2022 Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (mla) (Entered: 01/ 12/2022) 0 l/ 12/2022 ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING I-P ORDER (Ordered by Judge Ed Kinkeade on 1/ 12/2022) (chmb) (Entered. 01/12/2022) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Brandon Toupal @rovost, [LII 0 11/19/2022 .1 Christopher) (Entered: 01/19/2022) ’ ORDER: The Court ORDERS Plaintiff to file a brief within 21 days of this order addressing: (1) whether |O\ 02/08/2022 Defendant Coleman was improperly joined to this action; and (2) the effect, if any, on this Court's subject-matter jurisdiction. Defendant Root may file a response within 14 days of Plaintiff‘s brief. There shall be no reply unless otherwise ordered by the Court. (Ordered by Judge Ed Kinkeade on 2/8/2022) (chmb) (Entered: 02/08/2022) l N. 02/ 11/2022 Agreed MOTION to Remand to State Court filed by Kayce Coleman, Root Insurance Company (Attachments: # Proposed Order) (Thompson, Rhonda) (Entered: 02/11/2022) 02/11/2022 ELECTRONICORDER granting ‘2' Agreed Motion to Remand-to State-Court. After considering the Agreed .' Motion to Remand filed by the parties, the Court hereby GRANTS the requested relief. IT IS THEREFORE ORDERED that this matter is remanded to the 160th Judicial District Court of Dallas Texas. (Ordered by County, Judge Ed Kinkeade on 2/ 11/2022) (chmb) (Entered. 02/11/2022) 02/ 14/2022 Clerk's Notice of Ma111ng Certified copy of document number 8 and docket sheet mailed to 160th Judicial District - Court of Dallas County, TX on 2/ 14/2022 (axm) (Entered. 02/ 14/2022) - V 2of2 2/14/2022, 11:01 AN