This case was last updated from U.S. District Courts on 09/30/2025 at 06:01:16 (UTC).

Evercare Protection, LLC v. Headstart Warranty Group, LLC

Case Summary

On 04/03/2025 Evercare Protection, LLC filed a Commercial and Trade - Contract lawsuit against Headstart Warranty Group, LLC. This case was filed in U.S. District Courts, Texas Northern District. The Judge overseeing this case is Jeffrey L. Cureton. The case status is Open.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:25-cv-00360

  • Filing Date:

    04/03/2025

  • Case Status:

    Open

  • Case Type:

    Commercial and Trade - Contract

Complaint

JURISDICTION AND VENUE

5. There is complete diversity of citizenship between Plaintiff (a citizen of Missouri) and Defendant (a citizen of Texas), and the amount in controversy exceeds $75,000, exclusive of costs, fees, and interests. Thus, the Court has subject-matter jurisdiction over the present action pursuant to 28 U.S.C. § 1332 .

6. Defendant is subject to general personal jurisdiction in this Court because Defendant is domiciled in Texas. Defendant is also subject to specific personal jurisdiction in this Court. Defendant has purposefully availed itself of the privileges and benefits of doing business in Texas and has the requisite minimum contacts with Texas, and Plaintiff’s claims arise out of those contacts.

7. Venue is proper in this Court and Division pursuant to the forum selection clause in the parties’ contract, in which the parties agreed the exclusive venue for all legal disputes between the parties shall be a federal or state court in Tarrant County, Texas.

FACTUAL ALLEGATIONS

8. Plaintiff provides white-labeled and branded automotive and residential warranty products to its affiliated marketers.

9. Plaintiff works with a number of third party warranty administrators to design, manage, insure, and adjudicate claims for automotive and home warranty products.

10. Defendant is a third party warranty and claims administration company for automotive products.

11. Typically, an administrator such as Defendant works with its respective insurers to set rates for their warranty products, to which Plaintiff would add a markup(s) called an “offset.”


Page 2

The amount of the offset(s) is set at the discretion of Plaintiff and is paid to and retained by the Plaintiff.

Producer Agreement

12. On or about August 30, 2023 , Plaintiff entered into a Producer Agreement with Defendant (the “Agreement”).1

13. Under the Agreement, Plaintiff was to market, promote and sell automotive service contracts to prospective Contract Holders, as that term was defined in the Agreement, under a service contract program designed and administered by Defendant. (Agreement, Sec. 1).

14. Under the Agreement, Plaintiff was to receive funding directly from the finance company on behalf of Defendant. This was done to simplify the flow of funds and to avoid placing an undue accounting burden on Defendant. (Agreement, Sec. 2.2).

15. The total amount financed by the finance company, less any fees and/or interest withheld by the finance company, would be all of the amounts to be paid to Plaintiff, which included any offset(s) to be paid to Plaintiff.

16. As a result, once Plaintiff received the funding from the Finance Company, Plaintiff retained the offset amounts and forwarded the remainder of the premium payments to Defendant, which was an amount that had been agreed upon in advance between Plaintiff and Defendant. (Id.)

17. Plaintiff and Defendant agreed that Defendant was to retain all unused reinsurance premiums and to increase its administrative fee for each warranty contract.

18. Plaintiff and Defendant also agreed that there were two (2) offsets that were to be paid to Plaintiff and ultimately retained by Plaintiff and Eleras Group, LLC (“Eleras”), one of Plaintiff’s wholly owned subsidiaries.

1 The Agreement contains a confidentiality provision, so Plaintiff has not attached it as an exhibit to this Complaint.

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Judge Details

Presiding Judge

Jeffrey L. Cureton

 

Party Details

Plaintiff and Counter-Defendant

Evercare Protection, LLC

Defendant and Counter-Claimant

Headstart Warranty Group, LLC

Attorney/Law Firm Details

Plaintiff and Counter-Defendant Attorneys

Scott A Fredricks

Thadford A Felton

Onyinyechukwu Koplan Nwabuoku

Defendant and Counter-Claimant Attorneys

Barry Guaglardi

Blue Rannefeld

 

Court Documents

25 #1

Additional Page(s) Good Standing Certificate

#25

(#25) Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15823968) filed by Headstart Warranty Group, LLC (Attachments: #1 Additional Page(s) Good Standing Certificate)Attorney Barry Guaglardi added to party Headstart Warranty Group, LLC(pty:cc), Attorney Barry Guaglardi added to party Headstart Warranty Group, LLC(pty:dft), Attorney Barry Guaglardi added to party Headstart Warranty Group, LLC(pty:cc) (Guaglardi, Barry) (Entered: 09/09/2025)

#23

(#23) MOTION to Intervene filed by Valeria Ford (per MJ chambers) (hcc) (Entered: 07/23/2025)

#22

(#22) ORDER OF REFERRAL FOR MEDIATION IN DECEMBER 2025: It is, therefore, ORDERED that this cause should be and is hereby REFERRED FOR MEDIATION to be conducted at a mutually agreeable time and location during the month of DECEMBER 2025. It is FURTHER ORDERED that the parties shall agree on a mediation date and an impartial mediator no later than October 1, 2025, and shall notify the Court in writing as to the mediator's name, address, telephone number, email address, and facsimile number. If no agreed date can be scheduled, then no later than November 3, 2025, the mediator shall select a date, and all parties shall appear as directed by the mediator. (Ordered by Magistrate Judge Jeffrey L. Cureton on 6/13/2025) (hcc) (Entered: 06/13/2025)

#21

(#21) SCHEDULING ORDER: Discovery due by 1/9/2026. Motions due by 1/23/2026. Plaintiff's Amended Pleadings due by 9/30/2025. Defendant's Amended Pleadings due by 10/15/2025. Pretrial Conference set for 6/4/2026 at 09:30 AM. Joinder of Parties due by 9/15/2025. It is ORDERED that this cause of action is set for a NON-JURY trial on June 22, 2026, at 10:00 a.m. before the United States Magistrate Judge at the United States Court House, Fort Worth, Texas. (Ordered by Magistrate Judge Jeffrey L. Cureton on 6/13/2025) (hcc) (Entered: 06/13/2025)

#20

(#20) Joint STATUS REPORT filed by Evercare Protection, LLC. (Fredricks, Scott) (Entered: 06/11/2025)

#19

(#19) NOTICE of Attorney Appearance by Scott A Fredricks on behalf of Evercare Protection, LLC. (Filer confirms contact info in ECF is current.) (Fredricks, Scott) (Entered: 06/05/2025)

#18

(#18) ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO SUBSTITUTE LOCAL COUNSEL: It is ORDERED that Plaintiff's #17 Unopposed Motion to Substitute Local Counsel is GRANTED. It is further ORDERED that Timothy Dereck Carson of Cantey Hanger LLP is WITHDRAWN and Scott Fredericks of Cantey Hanger LLP is SUBSTITUTED as local counsel of record for Plaintiff. Thadford A. Felton of UB Greensfelder, LLP is and will remain Plaintiff's lead counsel of record. (Ordered by Magistrate Judge Jeffrey L. Cureton on 6/2/2025) (hcc) (Entered: 06/02/2025)

#17

(#17) Unopposed MOTION to Substitute Attorney, Withdrawing Derek Carson and Adding Scott Fredricks as Local Counsel added attorney Timothy Derek Carson. Motion filed by Evercare Protection, LLC (Carson, Timothy) (Entered: 06/02/2025)

#9

(#10) ELECTRONIC ORDER granting #9 Application for Admission Pro Hac Vice of Thadford A. Felton. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 4/16/2025) (chmb) (Entered: 04/16/2025)

#6

(#8) ELECTRONIC ORDER denying #6 Application for Admission Pro Hac Vice of Thadford A. Felton. The application for pro hac vice did not include the required Certificate of Good Standing. (Ordered by Judge Mark Pittman on 4/8/2025) (chmb) (Entered: 04/08/2025)

#5

(#5) Summons Issued as to Headstart Warranty Group, LLC. (wxc) (Entered: 04/07/2025)

3 #1

Additional Page(s) Certificate of Good Standing

#3

(#7) ELECTRONIC ORDER granting #3 Application for Admission Pro Hac Vice of O. Koplan Nwabuoku. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 4/8/2025) (chmb) (Entered: 04/08/2025)

#4

(#4) New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (wxc) (Entered: 04/07/2025)

#2

(#2) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Evercare Protection, LLC. (Clerk QC note: No affiliate entered in ECF). (Carson, Timothy) (Entered: 04/03/2025)

1 #1

Cover Sheet

#1

(#1) COMPLAINT against Headstart Warranty Group, LLC filed by Evercare Protection, LLC. (Filing fee $405; Receipt number ATXNDC-15393400) Clerk to issue summons(es). 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, instructions, and exemption information may be 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. (Attachments: #1 Cover Sheet) (Carson, Timothy) (Entered: 04/03/2025)

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Docket Entries

09/10/2025
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Docket(#26) ELECTRONIC ORDER granting #25 Application for Admission Pro Hac Vice of Barry Guaglardi. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Magistrate Judge Jeffrey L. Cureton on 9/10/2025) (chmb) (Entered: 09/10/2025)

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09/09/2025
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Docket(#25) Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15823968) filed by Headstart Warranty Group, LLC (Attachments: #1 Additional Page(s) Good Standing Certificate)Attorney Barry Guaglardi added to party Headstart Warranty Group, LLC(pty:cc), Attorney Barry Guaglardi added to party Headstart Warranty Group, LLC(pty:dft), Attorney Barry Guaglardi added to party Headstart Warranty Group, LLC(pty:cc) (Guaglardi, Barry) (Entered: 09/09/2025)

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07/23/2025
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Docket(#24) ELECTRONIC ORDER denying #23 Motion to Intervene filed by Valeria Ford ("Ford") as Ford has provided no reasons why she should be allowed to intervene in this case nor followed the procedures set forth in Federal Rule of Civil Procedure 24. The Clerk of the Court is directed to send notice of this order to Ford at 2407 7th Street Road, Louisville, KY 40208. (Ordered by Magistrate Judge Jeffrey L. Cureton on 7/23/2025) (chmb) (Entered: 07/23/2025)

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07/22/2025
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Docket(#23) MOTION to Intervene filed by Valeria Ford (per MJ chambers) (hcc) (Entered: 07/23/2025)

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06/13/2025
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Docket(#22) ORDER OF REFERRAL FOR MEDIATION IN DECEMBER 2025: It is, therefore, ORDERED that this cause should be and is hereby REFERRED FOR MEDIATION to be conducted at a mutually agreeable time and location during the month of DECEMBER 2025. It is FURTHER ORDERED that the parties shall agree on a mediation date and an impartial mediator no later than October 1, 2025, and shall notify the Court in writing as to the mediator's name, address, telephone number, email address, and facsimile number. If no agreed date can be scheduled, then no later than November 3, 2025, the mediator shall select a date, and all parties shall appear as directed by the mediator. (Ordered by Magistrate Judge Jeffrey L. Cureton on 6/13/2025) (hcc) (Entered: 06/13/2025)

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06/13/2025
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Docket(#21) SCHEDULING ORDER: Discovery due by 1/9/2026. Motions due by 1/23/2026. Plaintiff's Amended Pleadings due by 9/30/2025. Defendant's Amended Pleadings due by 10/15/2025. Pretrial Conference set for 6/4/2026 at 09:30 AM. Joinder of Parties due by 9/15/2025. It is ORDERED that this cause of action is set for a NON-JURY trial on June 22, 2026, at 10:00 a.m. before the United States Magistrate Judge at the United States Court House, Fort Worth, Texas. (Ordered by Magistrate Judge Jeffrey L. Cureton on 6/13/2025) (hcc) (Entered: 06/13/2025)

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06/11/2025
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Docket(#20) Joint STATUS REPORT filed by Evercare Protection, LLC. (Fredricks, Scott) (Entered: 06/11/2025)

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06/05/2025
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Docket(#19) NOTICE of Attorney Appearance by Scott A Fredricks on behalf of Evercare Protection, LLC. (Filer confirms contact info in ECF is current.) (Fredricks, Scott) (Entered: 06/05/2025)

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06/02/2025
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Docket(#18) ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO SUBSTITUTE LOCAL COUNSEL: It is ORDERED that Plaintiff's #17 Unopposed Motion to Substitute Local Counsel is GRANTED. It is further ORDERED that Timothy Dereck Carson of Cantey Hanger LLP is WITHDRAWN and Scott Fredericks of Cantey Hanger LLP is SUBSTITUTED as local counsel of record for Plaintiff. Thadford A. Felton of UB Greensfelder, LLP is and will remain Plaintiff's lead counsel of record. (Ordered by Magistrate Judge Jeffrey L. Cureton on 6/2/2025) (hcc) (Entered: 06/02/2025)

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06/02/2025
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Docket(#17) Unopposed MOTION to Substitute Attorney, Withdrawing Derek Carson and Adding Scott Fredricks as Local Counsel added attorney Timothy Derek Carson. Motion filed by Evercare Protection, LLC (Carson, Timothy) (Entered: 06/02/2025)

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04/16/2025
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Docket(#10) ELECTRONIC ORDER granting #9 Application for Admission Pro Hac Vice of Thadford A. Felton. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 4/16/2025) (chmb) (Entered: 04/16/2025)

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04/16/2025
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Docket(#9) Application for Admission Pro Hac Vice with Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by Evercare Protection, LLC (Attachments: #1 Exhibit(s) Certificate of Good Standing) (Felton, Thadford) (Entered: 04/16/2025)

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04/08/2025
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Docket(#8) ELECTRONIC ORDER denying #6 Application for Admission Pro Hac Vice of Thadford A. Felton. The application for pro hac vice did not include the required Certificate of Good Standing. (Ordered by Judge Mark Pittman on 4/8/2025) (chmb) (Entered: 04/08/2025)

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04/08/2025
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Docket(#7) ELECTRONIC ORDER granting #3 Application for Admission Pro Hac Vice of O. Koplan Nwabuoku. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 4/8/2025) (chmb) (Entered: 04/08/2025)

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04/07/2025
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Docket(#6) Application for Admission Pro Hac Vice with Certificate of Good Standing (Clerk Note: $100 fee, Receipt No. BTXNDC-15398731) filed by Evercare Protection, LLC Attorney Thadford A Felton added to party Evercare Protection, LLC(pty:pla) (Felton, Thadford) Modified to reflect payment on 4/7/2025 (sre). (Entered: 04/07/2025)

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04/07/2025
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Docket(#5) Summons Issued as to Headstart Warranty Group, LLC. (wxc) (Entered: 04/07/2025)

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04/04/2025
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Docket(#3) Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15398825) filed by Evercare Protection, LLC (Attachments: #1 Additional Page(s) Certificate of Good Standing)Attorney Onyinyechukwu Koplan Nwabuoku added to party Evercare Protection, LLC(pty:pla) (Nwabuoku, Onyinyechukwu) (Entered: 04/04/2025)

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04/03/2025
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Docket(#4) New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (wxc) (Entered: 04/07/2025)

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04/03/2025
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Docket(#2) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Evercare Protection, LLC. (Clerk QC note: No affiliate entered in ECF). (Carson, Timothy) (Entered: 04/03/2025)

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04/03/2025
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Docket(#1) COMPLAINT against Headstart Warranty Group, LLC filed by Evercare Protection, LLC. (Filing fee $405; Receipt number ATXNDC-15393400) Clerk to issue summons(es). 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, instructions, and exemption information may be 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. (Attachments: #1 Cover Sheet) (Carson, Timothy) (Entered: 04/03/2025)

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