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Contract: Insurance | Texas Northern
Designation of Mediator
Designation of Mediator by Homesite Insurance Company. (Jackson, George)
Order on Motion for Miscellaneous Relief
ELECTRONIC ORDER:
Before the Court is Defendant's Unopposed Motion to Lift Abatement for Limited Purpose (Doc. No. 14). This is case is currently NOT abated. Defendant requested that the suit be abated in its Verified Plea in Abatement and First Amended Answer to Plaintiffs Original Petition (Doc. No. 1-6), filed in STATE court on May 1, 2026. Defendant then removed this case to federal court on May 6, 2026. See generally Doc. No. 1. No where in the removal record does it reflect that the case was abated by the state court. Further, Defendant never re-urged its request to abate with this Court. Accordingly, the Court DENIES as moot Defendant's Motion.
The Court also notes that Defendant's reason for requesting a limited lift of the (non-existent) abatement is also misplaced. On May 4, 2026, Defendant filed a Motion to Limit Plaintiff's Claim for Attorney's Fees (the "Motion to Limit") (Doc. No. 1-10) in STATE court. Defendant now asks the Court to lift the abatement solely for the Court to consider and determine the Motion to Limit. As with its request to abate filed in state court, Defendant never re-urged its Motion to Limit with this Court after removing the case. To be clear, the Motion to Limit is NOT PENDING in this Court.
The parties are hereby on notice that this litigation is proceeding forward and the deadlines set forth in the Scheduling Order (Doc. No. 11) are running.
(Ordered by Judge Ed Kinkeade on 6/29/2026) (chmb)
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