October 2, 2000, (My Birthday). Finally, after 10 long years of Allstate abuse and delays, I went to Trial in El Paso, Texas. Pre-Trial Motions and Opening Arguments took up the morning. I took the stand after lunch and was there the rest of the afternoon and the next morning, until lunch. After lunch Gloria (my wife) took the stand and was there for the rest of the afternoon. On Wednesday, the 4th, Allstate brought in their witnesses (the Amarillo Fire Marshall's Office Investigator, and an expert witness). After closing arguments that evening, the jury of 12, went out at 6:30 p.m.. The jury came back in at 7:30 p.m., finding unanimously, (12 - 0) that Allstate was in Breach of Contract. Finally, Justice Has Almost Been Served!
August 17, 2000. My attorney sent letter to Allstate insisting that they respond to all prior Requests for Production, and Initial Disclosures. He also sent Notice of Deposition and Subpoena Duces Tecum of Allstate Corporate Representatives, for September 21, 2000.
July 12, 2000. Trial date had been set for July 12, 2000, but court issued another
continuance, and set pre-trial for September 29, 2000. Pre-trial Discovery cut-off has been set for Sept. 25, 2000. Jury Trial has been set for October 2, 2000 (my birthday).June 23, 2000. The Judge ruled against Allstate on both their motions. Allstate
indicated at that time, that they would seek a Writ of Mandamus against the Judge. To my knowledge they have not done so. Trial date was set for July 12, 2000.May 2, 2000. My attorney filed responses to Allstate's motions, and attended motion hearings on May 4, 2000.
December 8, 1999. I retained an attorney and he filed his Notice of Appearance of Counsel of Record.
December 3, 1999. Allstate filed Motion to Set Aside New Trial Order, and a Motion for Protective Order Against Discovery.
July 17, 1999. Received Order, by fax from the Court, GRANTING me a new trial.
June 30, 1999. Went to hearing, in El Paso, on Motion For New Trial. I felt like I did alright and am hoping for a ruling in my favor. Judge said he would let us know his decision in a few days. Here is Defense's Response To Motion For New Trial.
June 25, 1999. Filed Petition for Bill of Review. I filed this to try and cover all bases, since motions For New Trial and To Reinstate, may not be timely according to Texas Code of Civil Procedure.
June 24, 1999. Filed Motion to Reinstate. Motion hearing set for June 30, 1999
June 15, 1999. The Judge and Allstates attorney did a number on me. Just found out last week that my case has been dismissed for Want Of Prosecution. There is no way that this can be right, and maybe not even legal. I can't believe they can do this behind my back, without my knowledge, and get away with it. When I called the Court, the Clerk told me that the Judge said that he had made an error, and that he was sorry, but that it was too late to do anything about it. Read the Motion for New Trial that I filed, yesterday.
February 12, 1999. I attended the motions hearing and still can't believe what went on. When I arrived I was asked to sit in the office until Judge Alverez could speak to me. He soon came out and said that he was tied up with another motion hearing that was running longer than expected and that another Judge would be hearing my case. The other Judge came and introduced himself and asked if Allstate's Attorney had been properly notified of the hearing (it was time for the hearing). I assured him that they had, and he said he would give them a few more minutes. Allstate's attorney showed up about 5 minutes late and the Judge explained to him that he would be hearing the case instead of Judge Alverez. Allstate's attorney became very angry, objected, and shouted at the Judge that there was no way he would hear this case. The Judge apologized to me and said that Allstate's attorney had the right to object to him hearing the case. When Allstate's attorney left the room, the Judge looked at me and said that he couldn't believe that Allstate's attorney was allowed to practice law again, that he had been disbarred a few years ago for embezzlement. Just goes to show the kind of attorneys Allstate will use. Anyhow, when we did finally get to our hearing with Judge Alverez, the Judge wouldn't hear my motion to Set Aside Partial Summary Judgment and denied it. Said it was interlocutory and he wouldn't rule over another Judges ruling. As for my motion to Compel Discovery, he said all my requests were too broad and I have to redraft all requests. So, basically, nothing accomplished except to reinforce my idea of the kind of attorneys Allstate will use. I had been sent a Notice of Intent To Dismiss For Want Of Prosecution. This was also taken care of and dismissed at this hearing.
February 06, 1999. Allstates attorney filed a motion for continuance for the February 12th hearings, as he said he had to attend a seminar that day. Judge granted it until I complained that they did not grant me a continuance when I could not attend the hearing in 1996 and Allstate was granted their Partial Summary Judgment by default. Judge now denied Allstates motion for continuance. I guess Allstates attorney will not make it to his seminar.
January 6, 1999. Talk about a better court, I was able to do more in this court with 1 telephone conversation, than in 2 years in Judge Fashing's Court. I was able to get new motion hearing set for Motion to Set Aside Partial Summary Judgment and Motion to Compel Discovery, since the Defense attorney and I can not agree on what I will be given in discovery. They have not allowed even nominal Discovery at this point. This is set for February 12, 1999. I also got a pre-trial discovery cutoff date of July 5, 1999, a pre-trial setting for July 9, 1999, and a special trial setting for August 23, 1999. Talk about efficient, I think this court means business.
December 29, 1998. I received Transfer Order. After being able to get absolutely nothing done in Judge Fashings court (since he is stepping down), my case was transferred from County Court at Law No. 2, Judge Fashing, to County Court at Law No. 3, Judge Javier Alverez. I hope this court handles business better than Judge Fashing's.
November 24, 1998.Had another hearing with nothing accomplished. Judge Fashing still would not rule on my motion to set aside partial summary judgment (needs more time. I guess 7 months wasn't long enough). He would not rule on my motion to compel discovery but ordered the defense attorney to work with me on it. The Judge once again ordered the defense attorney to return my evidence that they are keeping from me. The defense attorney still contends that they have misplaced their files and can't return the photographs that I had let them take to get copies of. The Judge first ordered their return last April. Still could not get another court date set.
November 14,1998. After calling every week, sometimes 2 or 3 times a week since April, and after my complaining a couple of times to the Council of Judges, Judge Fashing has finally set another hearing date for my motions ( November 24, 1998 ), remember, this should have been done in May. Judge Fashing is no longer the Judge since he did not run for re-election. He is still handling my case as a visiting Judge and my case has been moved to County Court at Law #3, which will be Judge Alverez after the first of the year.
September 04, 1998. Still haven't been able to get the Judge to rule on my motions or set new trial date. Still calling every week!
July 27,1998. Still haven't been able to get the Judge to rule on my motions or set new trial date. Still calling every week!
July 10, 1998. I went for a court ordered Moderated Settlement Conference, April 28, 1998, and found out at this conference that Allstate had been working with my mortgage co. after the fire and they are the ones who got my house after the foreclosure that I knew nothing about, and sold it for a large profit. The mediation board which consisted of a plaintiff attorney, a defense attorney, and a lay person, after hearing my side and then Allstates side, (and all three agreed), said that they were "appalled at Allstates actions in this case" and said that "if it wasn't illegal, that it bordered on illegality" since Allstate profited on my lose after causing me to lose it. All three agreed that Allstate was at fault and that I should be granted everything I'm asking for. Nothing else was accomplished at this conference, but I did find out that little bit of info.
I also went for hearings on my motion to set aside partial summary judgment on April 28, 1998 and the judge said he would rule on it in 3 weeks after receiving supporting documents. I sent the documents and I call every week and he still hasn't ruled on my motion. I also can't get him to rule on my motion to compel discovery. He did grant Allstates motion for continuance though. A new trial date has not been set.
If you entered this page from a search engine or another link, Click Here, to enter our site.
|
|
|
 |
|
Copyright © 2000, Thompson Enterprises, Page Designed by: Don Thompson
