Docket as of September 25, 1996 1:27 am Web PACER (v1.2)
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U.S. District Court
Northern District of Texas (Fort Worth)
CIVIL DOCKET FOR CASE #: 95-CV-718
Massachusetts Mutual v. AMR Ibraham Elgindy
Filed: 08/01/95
Assigned to: Judge John McBryde
Jury demand: Plaintiff
Demand: $131,000
Nature of Suit: 110
Lead Docket: None
Jurisdiction: Diversity
Dkt # in Dallas : is 3:95-cv-01474
Cause: 28:1332 Diversity-Insurance Contract
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MASSACHUSETTS MUTUAL LIFE INS William Lowell Banowsky,
CO Attorney at Law
plaintiff [COR ret]
Michael Ecuyer Schonberg,
Attorney at Law
[COR LD NTC ret]
Thompson & Knight
1700 Pacific Avenue
Suite 3300
Dallas, TX 75201-4693
USA
214/969-1700
v.
AMR IBRAHAM ELGINDY Mark David Beatty, Attorney at
aka Law
Anthony Elgindy [term 02/08/96]
aka 817/877-2807 FAX
Antonio Vincente Elginilli [COR LD NTC ret]
aka Cantey & Hanger
Anthony Ginilli Burnett Plaza
aka 801 Cherry Street
Tony Elgindy Suite 2100
defendant Fort Worth, TX 76102
USA
817/877-2800
Richard Edward Hill, Attorney
at Law
[COR LD NTC ret]
1903 Central Drive
Suite 408
Bedford, TX 76021
817/283-7954
AMR Ibraham Elgindy
[COR LD NTC pse] [PRO SE]
7504 Mount Vernon
Colleyville, TX 76034
USA
817/577-9384
AMR IBRAHAM ELGINDY Mark David Beatty, Attorney at
aka Law
Tony Elgindy [term 02/08/96]
aka 817/877-2807 FAX
Anthony Ginilli [COR LD NTC ret]
aka Cantey & Hanger
Antonio Vincente Elginilli Burnett Plaza
aka 801 Cherry Street
Anthony Elgindy Suite 2100
counter-claimant Fort Worth, TX 76102
[term 06/07/96] USA
817/877-2800
Richard Edward Hill, Attorney
at Law
[term 06/07/96]
1903 Central Drive
Suite 408
Bedford, TX 76021
817/283-7954
v.
MASSACHUSETTS MUTUAL LIFE INS
CO
counter-defendant
[term 06/07/96]
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DOCKET PROCEEDINGS
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DATE # DOCKET ENTRY
8/1/95 1 COMPLAINT filed; Filing Fee $ 120.00 Receipt # 73372
(9) (tsp) [Entry date 08/03/95]
8/1/95 2 SUMMONS(ES) issued for defendant AMR Ibraham Elgindy (iss
1) (tsp) [Entry date 08/03/95]
8/1/95 -- PRELIMINARY ASSIGNMENT TO Magistrate Judge John B Tolle (tsp)
[Entry date 08/03/95]
8/3/95 3 ORDER...Plaintiff shall respond in a brief to the Court
within 10 days (8/13/95) to show why this case should not
be transferred tp the Ft. Worth division ( signed by J
Kendall) Copies to counsel: 8/4/95 Page(s) 1 (tsp)
[Entry date 08/10/95]
8/14/95 4 RETURN OF SERVICE executed as to defendant AMR Ibraham
Elgindy 8/5/95 Answer due on 8/25/95 for AMR Ibraham
Elgindy (1) (tsp) [Entry date 08/15/95]
9/7/95 5 MOTION by defendant AMR Ibraham Elgindy for more definite
statement under rule 12(e) of the feral rules of civil
procedure (4) (tsp) [Entry date 09/08/95]
9/7/95 6 MEMORANDUM by defendant AMR Ibraham Elgindy in support of
[5-1] motion for more definite statement under rule 12(e)
of the feral rules of civil procedure (3) (tsp)
[Entry date 09/08/95]
9/7/95 7 ANSWER to Complaint and COUNTERCLAIM by defendant AMR
Ibraham Elgindy against Massachusetts Mutual (13) (tsp)
[Entry date 09/13/95]
9/20/95 8 ORDER, to transfer case to Ft. Worth Division. ( signed
by J Kendall) Copies to counsel: 9/21/95 Page(s) 1 (tsp)
[Entry date 09/25/95]
9/20/95 -- Original file, certified copy of transfer order and docket
sheet received from Dallas Division - 3:95-CV-1574-X. (geb)
[Entry date 09/27/95] [Edit date 09/27/95]
9/20/95 -- CASE reassigned to Judge John McBryde (geb)
[Entry date 09/27/95]
9/27/95 -- Received original case papers from Dallas Division. (geb)
9/29/95 9 STATUS REPORT ORDER. Status report due on 4:30 10/30/95 (
signed by JMCB) Copies to counsel: 9/29/95 Page(s): 6 (pdm)
10/3/95 10 PLA'S REPLY by plaintiff Massachusetts Mutual to [7-2]
counter claim (4pg) (mjw) [Entry date 10/04/95]
10/5/95 11 ORDER denying [5-1] motion for more definite statement
under rule 12(e) of the feral rules of civil procedure (
signed by JMCB) Copies to counsel: 10.5.95 Page(s) 2 (mjw)
[Entry date 10/11/95]
10/25/95 12 JOINT STATUS REPORT by plaintiff Massachusetts Mutual,
defendant AMR Ibraham Elgindy (5pg) (mjw)
[Entry date 10/27/95]
10/25/95 13 UNOPPOSED MOTION by plaintiff Massachusetts Mutual to
extend time for settlement meeting required for joint
status report (3pg) (mjw) [Entry date 10/27/95]
10/25/95 14 AGREED ORDER granting [13-1] motion to extend time for
settlement meeting required for joint status report...that
the time for holding the settlement meeting and reporting
the results to the Court is extended until 4:30pm on Nov 6,
1995. ( signed by JMCB) Copies to counsel: 10.25.95
Page(s) 1 (mjw) [Entry date 10/27/95]
10/26/95 15 SCHEDULING ORDER setting Joining of Parties on 4:30 2/14/96
; Amending of Pleadings on 4:30 7/15/96 ; Bench trial set
for 9/23/96 ; Discovery cutoff 4:30 8/13/96 ; Docket call
set for 8:30 9/23/96 ; Pretrial conference for 9:00 9/3/96 ;
(JMCB) Copies to counsel: 10.27.95 Page(s): 8 (mjw)
[Entry date 10/30/95]
11/3/95 16 SUPPLEMENT TO JOINT STATUS REPORT by plaintiff
Massachusetts Mutual, defendant AMR Ibraham Elgindy (3pg)
(mjw) [Entry date 11/07/95]
2/8/96 17 MOTION by defendant AMR Ibraham Elgindy, counter-claimant
AMR Ibraham Elgindy for Ralph Duggins and Mark Beatty to
withdraw as attorney (4pg) (mjw) [Entry date 02/14/96]
2/8/96 18 ORDER granting [17-1] motion for Ralph Duggins and Mark
Beatty to withdraw as attorney (Terminated attorney Mark
David Beatty for AMR Ibraham Elgindy, attorney Mark David
Beatty for AMR Ibraham Elgindy...that unless and until
another attorney enters an appearance for Elgindy, he be
considered a pro se party...that the clerk update the
docket in this action to reflect that, at this time,
Elgindy is a pro se party, and to reflect that his address
and telephone number are as follows: Mr Tony Elgindy, 7504
Mount Vernon, Colleyville, Tx 76034, 817/577-9384. ( signed
by JMCB) Copies to counsel: 2.9.96 Page(s) 2 (mjw)
[Entry date 02/16/96]
3/29/96 19 UNFILED PER ORDER 3.30.96...MOTION by plaintiff
Massachusetts Mutual to compel (1pg) (mjw)
[Entry date 04/01/96]
3/29/96 20 UNFILED PER ORDER 3.30.96...DEMAND for jury trial by
plaintiff Massachusetts Mutual (1pg) (mjw)
[Entry date 04/01/96]
3/30/96 21 ORDER unfiling [20-1] demand jury by defendant AMR
Ibraham Elgindy Copies to counsel: 4.1.96 (signed by
Judge John McBryde ) Page(s) 1 (mjw) [Entry date 04/03/96]
3/30/96 22 ORDER unfiling [19-1] motion to compel by defendant AMR
Ibraham Elgindy Copies to counsel: 4.1.96 (signed by
Judge John McBryde ) Page(s) 1 (mjw) [Entry date 04/03/96]
4/3/96 23 PLA'S MOTION by plaintiff Massachusetts Mutual to strike
untimely [20-1] demand jury (4pg) (mjw)
[Entry date 04/05/96]
4/3/96 24 PLA'S RESPONSES and OBJECTIONS by plaintiff Massachusetts
Mutual to [19-1] motion to compel and/or request for
production of documents. (6pg) (mjw) [Entry date 04/05/96]
4/5/96 25 MOTION by AMR Ibraham Elgindy to compel and for jury trial
(1) (pdm) [Entry date 04/08/96]
4/18/96 26 DFT'S RESPONSE by defendant AMR Ibraham Elgindy to [23-1]
motion to strike untimely [20-1] demand jury (2pg) (mjw)
[Entry date 04/22/96]
4/18/96 26 DFT'S REPLY by defendant AMR Ibraham Elgindy to response
to [25-1] motion to compel and for jury trial (2pg) (mjw)
[Entry date 04/22/96]
4/24/96 27 ORDER denying [25-1] motion to compel and for jury trial,
denying as moot [23-1] motion to strike untimely [20-1]
demand jury ( signed by JMCB) Copies to counsel: 4/25/96
Page(s) 3 (pdm) [Entry date 04/25/96]
5/24/96 28 NOTICE of attorney appearance for defendant AMR Ibraham
Elgindy, counter-claimant AMR Ibraham Elgindy by Richard
Edward Hill (2pg) (mjw) [Entry date 05/28/96]
6/6/96 29 MOTION by defendant AMR Ibraham Elgindy to dismiss
counterclaim (2pg) (mjw) [Entry date 06/07/96]
6/7/96 30 ORDER granting [29-1] motion to dismiss counterclaim w/o
prej. ( signed by JMCB) Copies to counsel: 6/7/97 Page(s)
1 (pdm) [Entry date 06/10/96]
6/7/96 31 Final JUDGMENT for Massachusetts Mutual against AMR
Ibraham Elgindy: AMR Ibraham's counterclaims agn. Mass.
Gen. Life dism. w/o prej; neither party to recover any
costs from other ( signed by JMCB) Copies to counsel:
6/7/96 Page(s): 1 (pdm) [Entry date 06/10/96]
6/21/96 32 Designation of Experts by plaintiff Massachusetts Mutual
(3) (dld) [Entry date 06/26/96]
7/2/96 33 MOTION by Massachusetts Mutual to extend time of pretrial
summary judg. deadline and to modify scheduling order (6)
(pdm) [Entry date 07/03/96]
7/2/96 34 ORDER granting in part, denying in part [33-1] motion to
extend time of pretrial summary judg. deadline and to
modify scheduling order; parties granted to 4:30 on 7/19/96
to file mots. for sum. jgm.; mot. denied as to all other
relief sought ( signed by JMCB) Copies to counsel: 7/2/96
Page(s) 1 (pdm) [Entry date 07/03/96]
7/19/96 35 MOTION with memorandum in support by plaintiff
Massachusetts Mutual for summary judgment (15+pg) (mjw)
[Entry date 07/22/96]
8/13/96 36 DFT'S RESPONSE by defendant AMR Ibraham Elgindy to [35-1]
motion for summary judgment and affidavit in support
thereof. (15+pg) (mjw) [Entry date 08/14/96]
8/21/96 37 JOINT MOTION to continue, or alternatively to modify
scheduling order by plaintiff Massachusetts Mutual,
defendant AMR Ibraham Elgindy (4pg) (mjw)
[Entry date 08/22/96]
8/21/96 38 PLA'S REPLY BRIEF by plaintiff Massachusetts Mutual to
response to [35-1] motion for summary judgment (4pg) (mjw)
[Entry date 08/22/96]
8/21/96 38 PLA'S MOTION by plaintiff Massachusetts Mutual to strike
[36-1] motion response (4pg) (mjw) [Entry date 08/22/96]
8/22/96 39 ORDER denying [37-1] joint motion to continue, denying
[37-2] joint motion to modify scheduling order ( signed by
JMCB) Copies to counsel: 8.23.96 Page(s) 1 (mjw)
[Entry date 08/23/96]
8/22/96 40 ORDER reset pretrial conference for 2:00 8/30/96...the
pretrial order be delivered to chambers by noon on
Wednesday, August 28, 1996. ( signed by JMCB) Copies to
counsel: 8.22.96 Page(s) 1 (mjw) [Entry date 08/23/96]
8/27/96 41 JOINT STATUS REPORT REGARDING SETTLEMENT NEGOTIATIONS by
plaintiff Massachusetts Mutual, defendant AMR Ibraham
Elgindy (3pg) (mjw) [Entry date 08/28/96]
8/27/96 42 ORDER denying [38-1] motion to strike [36-1] motion
response ( signed by JMCB) Copies to counsel: 8.28.96
Page(s) 1 (mjw) [Entry date 08/29/96]
8/28/96 43 PRETRIAL ORDER filed ( signed by JMCB) Copies to counsel:
8.28.96 Page(s): 15+ (mjw) [Entry date 09/03/96]
8/29/96 44 MEMORANDUM OPINION AND ORDER granting in part, denying in
part [35-1] motion for summary judgment...that MassMutual
is granted summary judgment decreeing that it have and
recover the amount of $158,595.00, plus interest thereon,
from Elgindy, by reason of having made disability payments
totaling such amount to Elgindy at a time when Elgindy was
not disabled and because of fraudulent representations made
by Elgindy to it to induce ot to make the payments...that
the parties, through their counsel, meet between now and
the time of the pretrial conference for the purpose of
reaching agreement as to the amount of prejudgment interest
that should be awarded to MassMutual against Elgindy as a
part of the judgment to be entered for MassMutual against
Elgindy pursuant to the order set forth immediately
above...that all other summary relief sought by MassMutual
pursuant to its motion for summary judgment is denied. (
signed by JMCB) Copies to counsel: 8.29.96 Page(s): 15 (mjw)
[Entry date 09/03/96]
8/30/96 45 ORDER...that pla, Massachusetts Mutual Life Insurance
Company, have and recover the amount of $158,595.00 plus
prejudgment interest of $9,124.64, for a total of
$167,719.64, of and from dft, Amr Ibraham Elgindy, aka
Anthony Elgindy, aka Antonio Vincente Elginilli, aka
Anthony Ginilli, aka Tony Elgindy, plus post-judgment
interest thereon as contemplated by law...the court
determines that there is no just reason for delay in, and
directs, entry of final judgment as to such recovery by pla
from dft...the court noted that the name of the pla is
incorrectly stated to be "Massachusetts Life Insurance
Company" in the first sentence of the Memorandum Opinion
and Order signed by the court August 29, 1996...the name
"Massachusetts Life Insurance Company" be corrected to
"Massachusetts Mutual Life Insurance Company" as such name
appears in the first sentence of such Memorandum Opinion
and Order. ( signed by JMCB) Copies to counsel: 8.30.96
Page(s) 2 (mjw) [Entry date 09/04/96]
8/30/96 46 FINAL JUDGMENT AS TO CERTAIN CLAIMS...that pla,
Massachusetts Mutual Life Insurance Company, have and
recover from dft, Amr Ibraham Elgindy, aka Anthony Elgindy,
aka Antonio Vincente Elginilli, aka Anthony Ginilli, aka
Tony Elgindy, the amount of $167,719.64, together with
post-judgment interest thereon at the rate of 5.67%. (
signed by JMCB) Copies to counsel: 8.30.96 Page(s): 1 (mjw)
[Entry date 09/04/96]
8/30/96 47 ORDER...that a revised pretrial order be presented to the
court... set pretrial order due for 4:30 9/6/96 ( signed
by JMCB) Copies to counsel: 9.3.96 Page(s) 1 (mjw)
[Entry date 09/04/96]
8/30/96 48 Minute order: Held before Judge John McBryde Court
Reporter: Susan Griggs; Pretrial conference; Parties have
agreed on prejudgment interest in the amount of $9,124.64;
REmaining issues for trial: 1) Breach of contract: duty of
good faith and fair deadling 2)Fraudulent inducement 3)
Mutual mistake-reformation; Parties ordered to submit a
revised pretrial order by 4:30pm on Sept 6, 1996; Should
the parties reach settlement, they are instructed to inform
the court of such settlement; Attys present were Schonberg
for pla and Hill for dft. (1pg) (mjw) [Entry date 09/04/96]
8/30/96 -- Pre-trial conference held (mjw) [Entry date 09/04/96]
9/19/96 49 STIPULATION of dismissal without prejudice. (3pg) (mjw)
[Entry date 09/20/96]
9/20/96 50 FINAL JUDGMENT...that all pending claims and causes of
action in the above styled and numbered action are
dismissed without prejudice. ( signed by JMCB) Copies to
counsel: 9.20.96 Page(s): 1 (mjw) [Entry date 09/23/96]
9/20/96 -- Case closed (mjw) [Entry date 09/23/96]
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Case Flags:
CLOSED
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END OF DOCKET: 4:95cv718 |
