Charles et al v. Hill et al
| Bernard Charles, Karl Charles, Latasha Charles and Jacob Hill |
| Michael Hill, Travis Estes, Ford Motor Company, Progressive Security Insurance Company, Zurich Insurance Company, Houston Specialty-Commercial Automobile Insurance, Estes Refractory and Insulation of Louisiana, LLC, XYZ Insurance Company and USAA |
| David L. Coleman |
| 3:2014cv00425 |
| July 9, 2014 |
| US District Court for the Middle District of Louisiana |
| Baton Rouge Office |
| Richard L Bourgeois |
| James J Brady |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Both |
Docket Report
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Filing 42
ORDER granting #41 Joint Motion to Dismiss. The claims by plaintiffs against American Guarantee and Liability Insurance Company, improperly designated in the petition as Zurich Insurance Company, be and the same are hereby dismissed and this action be marked Closed. Signed by Judge James J. Brady on 4/22/2016. (LLH)
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| Filing 41 Joint MOTION to Dismiss by Zurich Insurance Company. (Peytavin, Michael) |
| Filing 40 Minute Entry for proceedings held before Judge James J. Brady: Status Conference held on 4/21/2016. The parties discussed the state of the case. Counsel informed the court that they intend to file a joint motion to dismiss the remaining claims in the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) |
| Filing 39 Notice to Counsel: Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) Status Conference set for 4/21/2016 at 01:30 PM in chambers before Judge James J. Brady. (SWE) |
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Filing 38
RULING and ORDER granting #36 Motion by Ford Motor Company for Summary Judgment. Counsel for plaintiffs shall file a brief (no more than 2 page) notice regarding the status of any remaining claims (including in particular those against Zurich Insurance Company) and whether this matter is ripe for entry of final judgment. Signed by Judge James J. Brady on 2/25/2016. (JDL)
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| Filing 37 NOTICE on #36 MOTION for Summary Judgment :. Opposition, limited to 10 pages, to the motion shall be filed on or before 02/01/16. The mover may file a reply brief, limited to 5 pages, within 14 days of the filing of the opposition.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (MJ) |
| Filing 36 MOTION for Summary Judgment by Ford Motor Company. (Attachments: #1 Statement of Undisputed Facts, #2 Memorandum in Support, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Williams, Lance) |
| Filing 35 JUDGMENT UNDER RULE 54(B) granting #30 MOTION for Interlocutory Judgment, allowing a final judgment under Fed. Rule Civ. P. 54(b) in favor of Estes Refractory and Insulation of Louisiana, L.L.C. and Houston Specialty Insurance Company. Signed by Judge James J. Brady on 8/4/2015. (LLH) |
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Filing 34
ORDER granting #33 Motion for Partial Dismissal. Signed by Judge James J. Brady on 07/28/2015. (NLT)
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| Filing 33 Joint MOTION for Partial Dismissal With Prejudice by All Defendants. (Helm, William) Modified on 7/28/2015 to edit text (LLH). |
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Filing 32
RUING AND ORDER granting #25 Motion for Summary Judgment. Signed by Judge James J. Brady on 7/14/2015. (LLH)
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| Filing 31 NOTICE on #30 MOTION for Interlocutory Judgment :. Opposition, limited to 10 pages, to the motion shall be filed on or before 6/19/2015. The mover may file a reply brief, limited to 5 pages, within 14 days of the filing of the opposition.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) |
| Filing 30 MOTION for Interlocutory Judgment by Estes Refractory and Insulation of Louisiana, LLC, Houston Specialty-Commercial Automobile Insurance. (Attachments: #1 Attachment)(Frederick, Brent) Modified on 5/29/2015 to edit text(LLH). |
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Filing 29
ORDER: The #27 proposed judgment is premature. Mover must file a motion for interlocutory judgment as there are other claims pending in this case. See Rule Fed. Civ. P. 54(b). The #28 briefing notice was issued in error and is hereby TERMINATED. Signed by Judge James J. Brady on 05/26/2015. (NLT)
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| Filing 28 NOTICE on #27 MOTION for Summary Judgment: Opposition to the motion shall be filed on or before 06/12/2015. The mover may file a reply brief within 14 days of the filing of the opposition. Signed by Judge James J. Brady on 05/26/2015. (BCL) |
| Filing 27 Proposed Judgment on Motion for Summary Judgment by Estes Refractory and Insulation of Louisiana, LLC, Houston Specialty-Commercial Automobile Insurance. (Frederick, Brent) Modified on 5/26/2015 to edit text (LLH). |
| Filing 26 NOTICE on #25 MOTION for Summary Judgment: Opposition to the motion shall be filed on or before 05/15/2015. The mover may file a reply brief within 14 days of the filing of the opposition. Replies due by 5/29/2015. (BCL) |
| Filing 25 MOTION for Summary Judgment by Zurich Insurance Company. (Attachments: #1 Memorandum in Support, #2 Statement of Undisputed Facts, #3 Exhibit 1, #4 Exhibit 2)(Peytavin, Michael) |
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Filing 24
ORDER granting #23 Motion to Enroll Ian A. McDonald as Attorney. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 04/13/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (NLT)
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| MOTION(S) REFERRED: #23 MOTION to Enroll Ian A Macdonald as Attorney . This motion is now pending before the USMJ. (BCL) |
| Filing 23 MOTION to Enroll Ian A Macdonald as Attorney by Travis Estes. (Attachments: #1 Proposed Pleading; Proposed Order)(Macdonald, Ian) |
| Filing 22 RULING Adopting #17 Report and Recommendation of the U.S. Magistrate Judge. Plaintiff's request to amend is DENIED and the court has removal jurisdiction due to the improper joinder of defendants Travis Estes; Michael Hill; and Estes Refractory and Insulation of Louisiana, LLC. The #11 Motion for Summary Judgment filed by Estes Refractory and Insulation of Louisiana, LLC and Houston Specialty-Commercial Automobile Insurance be GRANTED. This motion is premised on the same rationale as the motion to remand, namely that plaintiffs have no claims against these defendants due to immunity under the worker's compensation laws of Louisiana. Signed by Judge James J. Brady on 4/6/2015. (SMG) |
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Filing 21
ORDER granting #19 Motion to Substitute. Signed by Judge James J. Brady on 3/30/2015. (LLH)
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| Filing 20 RESPONSE to Plaintiff's #18 Objections to #17 Report and Recommendations of Magistrate Judge Bourgeois filed by Ford Motor Company. (Williams, Lance) Modified on 3/30/2015 (LLH). |
| Filing 19 MOTION to Substitute Respond to Judges Recommendation filed by All Plaintiffs. (Attachments: #1 Memorandum in Support)(Coleman, David) Modified to make motion the main doc. on 3/27/2015 (SMG). |
| Filing 18 RESPONSE to #17 REPORT AND RECOMMENDATIONS filed by All Plaintiffs. (Coleman, David) Modified to edit text on 3/27/2015 (SMG). Modified on 3/30/2015 to replace response as per Order #21 (LLH). |
| Filing 17 REPORT AND RECOMMENDATIONS regarding #1 Notice of Removal: It is the recommendation of the Magistrate Judge that the court should retain subject matter jurisdiction over this action. Objections to R&R due by 3/27/2015. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 3/10/2015. (SMG) |
| Filing 16 AMENDED NOTICE OF REMOVAL against All Plaintiffs, filed by Ford Motor Company. (Attachments: #1 Attachment Certificate of Compliance, #2 Exhibit A, State Court Petition for Damages)(Williams, Lance) |
| Filing 15 Corporate Disclosure Statement by Zurich Insurance Company identifying Corporate Parent Zurich Insurance Group, Ltd. for Zurich Insurance Company. (Peytavin, Michael) |
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Filing 14
ORDER: Pursuant to 28 U.S.C. 1653, that, on or before 11/17/2014, the removing defendant shall file an amended notice of removal providing the citizenship ofplaintiffs, Bernard Charles, Karl Charles, Latasha Charles and Jacob Hill, and defendant, Houston Specialty-Commercial Automobile Insurance Company, by setting forth all citizenship particulars required to sustain federal diversity jurisdiction. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 10/28/2014. (NLT)
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Filing 13
ORDER: Within 21 days of this order, plaintiffs shall file a brief or appropriate motion regarding jurisdiction, specifically addressing Ford's assertion that certain defendants have been improperly joined. Any of the defendants may file a reply to any brief, if desired, within 21 days of such filing without seeking leave of court. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 10/28/2014. (NLT)
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| Filing 12 Notice to Counsel: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) Considering the court's order dated October 20, 2014 referring this matter to the magistrate judge for a report and recommendation on removal jurisdiction, the scheduling conference set for October 30, 2014 at 1:30 p.m. before United States Magistrate Judge Richard L. Bourgeois, Jr. is CANCELLED. A separate order shall be issued for briefing on the jurisdiction issue. (JSL) |
| Filing 11 MOTION for Summary Judgment by Estes Refractory and Insulation of Louisiana, LLC, Houston Specialty-Commercial Automobile Insurance. (Attachments: #1 Memorandum in Support Memorandum in Support, #2 Statement of Undisputed Facts Uncontested Facts, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Attachment Proposed Order)(Frederick, Brent) |
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Filing 10
ORDER: This matter be and it is hereby REFERRED sua sponte to the magistrate judge for a report and recommendation on removal jurisdiction and/or such other action as may be appropriate. The #9 MOTION to Set Exceptions for Hearing is hereby DENIED as moot. Signed by Judge James J. Brady on 10/20/2014. (SMG)
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| Filing 9 MOTION to Set Exceptions for Hearing by Estes Refractory and Insulation of Louisiana, LLC, Houston Specialty-Commercial Automobile Insurance. (Attachments: #1 Attachment Order)(Frederick, Brent) Modified on 10/3/2014 to edit text(LLH). |
| Filing 8 Corporate Disclosure Statement by Estes Refractory and Insulation of Louisiana, LLC, Houston Specialty-Commercial Automobile Insurance. (Frederick, Brent) |
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Filing 7
90 DAY CONFERENCE ORDER: Scheduling Conference set for 10/30/2014 at 01:30 PM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Status Report due by 10/23/2014. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 9/23/2014. (JSL)
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| Filing 6 Letter to Attorney Brent P. Frederick regarding David L. Viviano who is Co-Counsel for party Houston Specialty-Commercial Automobile Insurance and Estes Refractory and Insulation of Louisiana, LLC. Attorney is not admitted to practice in LAMD. (SMG) |
| Filing 5 NOTICE of List of Parties and Pleadings by Ford Motor Company (Attachments: #1 Exhibit Exhibit 1 - Petition, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14)(Williams, Lance) |
| Filing 4 Corporate Disclosure Statement by Ford Motor Company. (McDaniel, Keith) |
| Filing 3 ANSWER to Complaint with Jury Demand by Ford Motor Company.(McDaniel, Keith) |
| Filing 2 Letter to Attorney David L. Coleman who is lead counsel for party Bernard Charles, Karl Charles, Latasha Charles & Jacob Hill. Attorney is not admitted to practice in LAMD. (LLH) |
| Filing 1 NOTICE OF REMOVAL from 18th JDC for the Parish of Pointe Coupee, Case Number 45913. (Filing fee $ 400 receipt number 053N-1098918), filed by Ford Motor Company. (Attachments: #1 Attachment Civil Cover, #2 Attachment Petition and Return of Service, #3 Attachment Certificate of Compliance)(McDaniel, Keith) (Attachment 3 replaced on 7/10/2014) (LLH). |
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