VALDIVIESO v. SOUTHERN CAT INC et al
| Sergio Valdivieso |
| SWS ENVIRONMENTAL SERVICES, Southern Cat, Inc., Eastern Research Group, Inc., BP PLC, BP PRODUCTS NORTH AMERICA INC, BP AMERICA INC, Disaster Response Services, LLC, Emergency Response Group, Inc., Eagle-SWS, Inc., PROGRESSIVE ENVIRONMENTAL SERVICES INC, Disaster Response Group LLC, EMERGENCY RESPONSE GROUP LLC, MARINE SPILL RESPONSE CORPORATION, SOUTHERN CAT INC, EASTERN RESEARCH GROUP INC, DISASTER RESPONSE SERVICES LLC and EMERGENCY RESPONSE GROUP INC |
| 5:2022cv00018 |
| January 25, 2022 |
| US District Court for the Northern District of Florida |
| MICHAEL J FRANK |
| MARK E WALKER |
| Other Statutory Actions |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on March 23, 2022. A more recent docket listing may be available from PACER.
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| Filing 106 CLERK'S JUDGMENT re #105 ORDER CLOSING THE FILE. 90 Day Exhibit Return Deadline set for 6/21/2022 (rcb) |
Filing 105
ORDER CLOSING THE FILE. The parties have filed a joint motion to dismiss Plaintiff's claims with prejudice. ECF No. #104 . The motion is GRANTED. The Clerk shall enter judgment stating, "Plaintiff's claims against Defendants are dismissed with prejudice and the parties shall bear their own costs." Accordingly, the Clerk must close the file. Signed by CHIEF JUDGE MARK E WALKER on 03/23/2022. (rcb)
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| Filing 104 JOINT MOTION TO DISMISS WITH PREJUDICE. (Internal deadline for referral to judge if response not filed earlier: 4/5/2022). (Attachments: #1 Text of Proposed Order Proposed Order) (FRANCIS, BRANDON) Modified to edit title on 3/23/2022 (rcb). |
| Filing 103 NOTICE of Appearance by ERIC JAY STOCKEL on behalf of SWS ENVIRONMENTAL SERVICES (STOCKEL, ERIC) |
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Filing 102
ORDER ADMITTING BRANDON C. FRANCIS PRO HAC VICE - This Court has considered, without hearing, the motion to admit Brandon C. Francis pro hac vice, ECF No. #101 . The motion is GRANTED. Mr. Francis has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiff. Signed by CHIEF JUDGE MARK E WALKER on 3/10/2022. (jcw)
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| Filing 101 MOTION to Appear Pro Hac Vice by Brandon C. Francis.( Filing fee $ 208 receipt number AFLNDC-6796000.) by SERGIO VALDIVIESO. (Attachments: #1 Cert. of Good Standing) (FRANCIS, BRANDON) |
| Filing 100 NOTICE of Settlement by EMERGENCY RESPONSE GROUP LLC (GREEN, MARLIN) |
| Filing 99 NOTICE of Appearance by MARLIN KAREEM GREEN on behalf of EMERGENCY RESPONSE GROUP INC (GREEN, MARLIN) |
| Filing 98 NOTICE REGARDING ADMISSION TO PRACTICE as to CHRISTY LYNN JOHNSON on behalf of EMERGENCY RESPONSE GROUP LLC. (jcw) |
| Filing 97 NOTICE REGARDING ADMISSION TO PRACTICE as to JONATHAN ANDREW TWEEDY on behalf of EMERGENCY RESPONSE GROUP LLC (jcw) |
| Filing 96 NOTICE REGARDING ADMISSION TO PRACTICE as to ALLEN DWAYNE HEMPHILL on behalf of EMERGENCY RESPONSE GROUP LLC (jcw) |
| Filing 95 NOTICE REGARDING ADMISSION TO PRACTICE as to TALLY R P PEREZ on behalf of SWS ENVIRONMENTAL SERVICES (jcw) |
| Filing 94 NOTICE REGARDING ADMISSION TO PRACTICE as to MAXWELL LANE LOWREY on behalf of SWS ENVIRONMENTAL SERVICES (jcw) |
| Filing 93 NOTICE REGARDING ADMISSION TO PRACTICE as to MICHAEL FRANCIS RYAN on behalf of SOUTHERN CAT INC (jcw) |
| Filing 92 NOTICE REGARDING ADMISSION TO PRACTICE as to BEAU ALEXANDER GOULD on behalf of SOUTHERN CAT INC. (jcw) |
| Filing 91 NOTICE REGARDING ADMISSION TO PRACTICE as to ALEXANDER CARL CHAE on behalf of SOUTHERN CAT INC (jcw) |
| Filing 90 NOTICE REGARDING ADMISSION TO PRACTICE as to CHARLES F. HERD, JR. on behalf of SERGIO VALDIVIESO. (jcw) |
| Filing 89 Case transferred in from District of Texas Southern; Case Number 4:21-cv-02214. Original file certified copy of transfer order and docket sheet received. |
| Filing 88 Interdistrict transfer to United States Distirct Court for the Northern District of Florida. Case transferred electronically. Case terminated on January 21, 2022, filed. (ealexander, 4) [Transferred from Texas Southern on 1/25/2022.] |
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Filing 87
ORDER granting #37 Motion to Dismiss for Lack of Personal Jurisdiction or, Alternatively, Motion to Transfer Venue. This case is transferred to the United States District Court for the Northern District of Florida. Case terminated on January 21, 2022.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) [Transferred from Texas Southern on 1/25/2022.]
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| Filing 86 Summons Issued as to Disaster Response Group LLC, Marine Spill Response Corporation. Issued summons delivered to plaintiff by NEF, filed. (Attachments: #1 summon)(hlerma, 4) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 85 Request for Issuance of Summons as to Disaster Response Group LLC, filed.(Francis, Brandon) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 84 Request for Issuance of Summons as to Marine Spill Response Corporation, filed.(Francis, Brandon) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 83 Docketed in Error - Request for Issuance of Summons as to Sergio Valdivieso, filed.(Francis, Brandon) Modified on 1/21/2022 (hlerma, 4). [Transferred from Texas Southern on 1/25/2022.] |
| Filing 82 Unopposed MOTION for Extension of Time Discovery and Motions Cut-Off Deadlines by Emergency Response Group, LLC, SWS Environmental Services, Southern Cat, Inc., filed. Motion Docket Date 2/8/2022. (Attachments: #1 Exhibit 1)(Gould, Beau) [Transferred from Texas Southern on 1/25/2022.] |
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Filing 81
ORDER denying as moot #76 Motion for Sanctions.(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4) [Transferred from Texas Southern on 1/25/2022.]
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| Filing 80 Mail Returned Undeliverable as to Timothy Brian Guillory re: #74 Notice of Setting, filed. (RochelleLimon, 2) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 79 Mail Returned Undeliverable as to Emergency Response Group, LLC re: #74 Notice of Setting (attorney Guillory was terminated 1/24/2017), filed. (rkonieczny, 4) [Transferred from Texas Southern on 1/25/2022.] |
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Filing 78
MINUTE ENTRY ORDER: Motion hearing held denying as moot #72 MOTION to Compel Rule 35 Examinations of Plaintiff and granting in part #76 Motion to Compel. Appearances: Nicholas Earles, Michael Varner. Appearances: Beau Alexander Gould, Charles F Herd, Jr. Ct Reporter: ERO. (Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4) [Transferred from Texas Southern on 1/25/2022.]
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| Filing 77 NOTICE of Referral of Motion to Magistrate Judge Peter Bray re #76 MOTION to Compel Production from SWS, and Motion for Sanctions, filed. (ealexander, 4) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 76 MOTION to Compel Production from SWS, and Motion for Sanctions by Emergency Response Group, LLC, filed. Motion Docket Date 1/3/2022. (Attachments: #1 Exhibit A - Affidavit of Allen Hemphill, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Proposed Order)(Hemphill, Allen) [Transferred from Texas Southern on 1/25/2022.] |
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Filing 75
MINUTE ENTRY ORDER: Motion Hearing held re: #72 MOTION to Compel Rule 35 Examinations of Plaintiff. Appearances: Michael Varner. Appearances: Allen Dwayne Hemphill, Maxwell Lane Lowrey, Beau Alexander Gould, Charles F Herd, Jr. Ct Reporter: ERO. Rulings listed in the order. Motion Hearing continued for 12/15/2021 at 10:30 AM in by video before Magistrate Judge Peter Bray(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4) [Transferred from Texas Southern on 1/25/2022.]
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| Filing 74 NOTICE of Setting as to #72 MOTION to Compel Rule 35 Examinations of Plaintiff. Parties notified. Motion Hearing set for 12/7/2021 at 04:15 PM in Courtroom 703 before Magistrate Judge Peter Bray, filed. (jmarchand, 4) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 73 NOTICE of Referral of Motion to Magistrate Judge Peter Bray re #72 MOTION to Compel Rule 35 Examinations of Plaintiff, filed. (ealexander, 4) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 72 MOTION to Compel Rule 35 Examinations of Plaintiff by Emergency Response Group, LLC, SWS Environmental Services, Southern Cat, Inc., filed. Motion Docket Date 12/27/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Proposed Order)(Hemphill, Allen) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 71 ANSWER to #63 Answer to Amended Complaint,, Crossclaim, by Southern Cat, Inc., filed.(Gould, Beau) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 70 ANSWER to #63 Answer to Amended Complaint,, Crossclaim, by Emergency Response Group, LLC, filed.(Hemphill, Allen) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 69 DESIGNATION OF EXPERT WITNESS LIST by Southern Cat, Inc., filed. (Attachments: #1 Exhibit Brad Chayet CV, #2 Exhibit Stephen Horner CV, #3 Exhibit Claire Heusinger CV, #4 Exhibit Sebastian Coppes CV, #5 Exhibit Wheat Opperman Attorney List)(Gould, Beau) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 68 DESIGNATION OF EXPERT WITNESS LIST by SWS Environmental Services, filed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Perez, Tally) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 67 RESPONSE to #61 Answer to Amended Complaint,, Crossclaim, , filed by SWS Environmental Services. (Perez, Tally) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 66 RESPONSE to #57 Crossclaim , filed by SWS Environmental Services. (Perez, Tally) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 65 RESPONSE to #57 Crossclaim , filed by Emergency Response Group, LLC. (Hemphill, Allen) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 64 RESPONSE to #61 Answer to Amended Complaint,, Crossclaim, , filed by Southern Cat, Inc.. (Ryan, Michael) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 63 ANSWER to #55 Amended Complaint/Counterclaim/Crossclaim etc., CROSSCLAIM against Disaster Response Group LLC, Emergency Response Group, LLC, Marine Spill Response Corporation, Southern Cat, Inc. by SWS Environmental Services, filed.(Perez, Tally) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 62 ANSWER to #55 Amended Complaint/Counterclaim/Crossclaim etc. by Southern Cat, Inc., filed.(Gould, Beau) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 61 ANSWER to #55 Amended Complaint/Counterclaim/Crossclaim etc., CROSSCLAIM against Disaster Response Group LLC, Marine Spill Response Corporation, SWS Environmental Services, Southern Cat, Inc. by Emergency Response Group, LLC, filed.(Hemphill, Allen) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 60 DESIGNATION OF EXPERT WITNESS LIST by Sergio Valdivieso, filed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Herd, Charles) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 59 FIRST AMENDED ANSWER to #55 Amended Complaint/Counterclaim/Crossclaim etc., #57 Crossclaim, ANSWER to #55 Amended Complaint/Counterclaim/Crossclaim etc., #57 Crossclaim by Emergency Response Group, LLC, filed.(ealexander, 4) [Transferred from Texas Southern on 1/25/2022.] |
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Filing 58
ORDER granting #48 Motion for Leave to File First Amended Answer to Plaintiff's Amended Complaint and Crossclaims.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) [Transferred from Texas Southern on 1/25/2022.]
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| Filing 57 CROSSCLAIM against Emergency Response Group, LLC, SWS Environmental Services filed by Southern Cat, Inc..(ealexander, 4) [Transferred from Texas Southern on 1/25/2022.] |
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Filing 56
ORDER granting #49 Motion for Leave to File Crossclaims.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) [Transferred from Texas Southern on 1/25/2022.]
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| Filing 55 Second AMENDED COMPLAINT against Disaster Response Services, LLC, Emergency Response Group, LLC, SWS Environmental Services, Southern Cat, Inc., Marine Spill Response Corporation filed by Sergio Valdivieso.(ealexander, 4) [Transferred from Texas Southern on 1/25/2022.] |
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Filing 54
ORDER granting #45 Amended Motion to File Amended Complaint.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) [Transferred from Texas Southern on 1/25/2022.]
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| Filing 53 INITIAL DISCLOSURES by Southern Cat, Inc., filed.(Gould, Beau) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 52 SURREPLY to Plaintiff's Reply to #26 Renewed MOTION to Remand, filed by Emergency Response Group, LLC. (ealexander, 4) [Transferred from Texas Southern on 1/25/2022.] |
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Filing 51
ORDER granting #42 Motion for Leave to File Sur-Reply.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) [Transferred from Texas Southern on 1/25/2022.]
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| Filing 50 REPLY to Response to #37 MOTION to Dismiss for Lack of Personal Jurisdiction or, Alternatively, Motion to Transfer Venue, filed by Emergency Response Group, LLC. (Attachments: #1 Exhibit 1 - Particularized Statement of Claim)(Hemphill, Allen) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 49 MOTION for Leave to File Crossclaims by Southern Cat, Inc., filed. Motion Docket Date 9/21/2021. (Attachments: #1 Exhibit Southern Cat's Crossclaims, #2 Proposed Order)(Gould, Beau) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 48 MOTION for Leave to File First Amended Answer to Plaintiff's Amended Complaint, and Crossclaims Against Defendants by Emergency Response Group, LLC, filed. Motion Docket Date 9/21/2021. (Attachments: #1 Exhibit A - ERG's First Amended Answer to Plaintiff's Amended Complaint, and Crossclaims Against Defendants, #2 Proposed Order)(Hemphill, Allen) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 47 RESPONSE in Opposition to #35 MOTION to Dismiss For Lack of Personal Jurisdiction, #34 MOTION to Dismiss for Lack of Personal Jurisdiction, #37 MOTION to Dismiss for Lack of Personal Jurisdiction or, Alternatively, Motion to Transfer Venue, filed by Sergio Valdivieso. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Proposed Order)(Herd, Charles) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 46 INITIAL DISCLOSURES by Sergio Valdivieso, filed.(Herd, Charles) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 45 AMENDED #43 MOTION by Sergio Valdivieso, filed. Motion Docket Date 9/17/2021. (Attachments: #1 Proposed Order, #2 Complaint)(Herd, Charles) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 44 Other EXHIBITS re: #43 Opposed MOTION for Leave to File Amended Complaint MOTION to Amend by Sergio Valdivieso. Attached documents may be viewed in the Office of the Clerk., filed.(Herd, Charles) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 43 Opposed MOTION for Leave to File Amended Complaint, MOTION to Amend ( Motion Docket Date 9/17/2021.) by Sergio Valdivieso, filed. (Attachments: #1 Proposed Order)(Herd, Charles) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 42 MOTION for Leave to File Sur-Reply to Plaintiff's Renewed Motion to Remand by Emergency Response Group, LLC, filed. Motion Docket Date 9/16/2021. (Attachments: #1 Exhibit A - ERG's Sur-Reply to Plaintiff's Renewed Motion to Remand, #2 Proposed Order)(Hemphill, Allen) [Transferred from Texas Southern on 1/25/2022.] |
| *** REMOVED NOTICING FOR ATTORNEY BRITTANI ROLLEN, filed. (gkelner, 4) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 40 REPLY in Support of #26 Renewed MOTION to Remand, filed by Sergio Valdivieso. (Herd, Charles) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 41 Letter from Brittani Rollen re: To be Removed from Noticing from dismissed defendant., filed. (gkelner, 4) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 39 JOINDER in #37 MOTION to Dismiss for Lack of Personal Jurisdiction or, Alternatively, Motion to Transfer Venue , filed by Southern Cat, Inc.. (Gould, Beau) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 38 Joint RESPONSE to #26 Renewed MOTION to Remand filed by Emergency Response Group, LLC, SWS Environmental Services, Southern Cat, Inc.. (Attachments: #1 Exhibit A - Smith v. Aramark - Order, #2 Exhibit B - Andrews v. Aramark - Memorandum and Order, #3 Proposed Order)(Hemphill, Allen) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 37 MOTION to Dismiss for Lack of Personal Jurisdiction or, Alternatively, Motion to Transfer Venue by Emergency Response Group, LLC, filed. Motion Docket Date 9/7/2021. (Attachments: #1 Exhibit A - Plaintiff's Amended Complaint, #2 Exhibit B - Affidavit of Jennifer Hoyal, #3 Exhibit C - SWS's Answer to Plaintiff's Amended Complaint, #4 Exhibit D - Affidavit of David Poesl, #5 Exhibit E - Plaintiff's medical records, #6 Proposed Order on Motion to Dismiss, #7 Proposed Order on Motion to Transfer Venue)(Hemphill, Allen) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 36 JOINDER in Emergency Response Group, LLC's Motion to Transfer Venue, filed by SWS Environmental Services. (Perez, Tally) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 35 MOTION to Dismiss For Lack of Personal Jurisdiction by Southern Cat, Inc., filed. Motion Docket Date 9/7/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order Order Granting Southern Cat, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction)(Gould, Beau) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 34 MOTION to Dismiss for Lack of Personal Jurisdiction by SWS Environmental Services, filed. Motion Docket Date 9/7/2021. (Attachments: #1 Proposed Order Motion to Dismiss)(Perez, Tally) [Transferred from Texas Southern on 1/25/2022.] |
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Filing 33
RULE 16 SCHEDULING ORDER. Trial Term: July/August 2022. ETT: 7 days. Jury. Amended Pleadings due by 8/31/2021. Joinder of Parties due by 8/31/2021 Pltf Expert Witness List due by 9/30/2021. Deft Expert Witness List due by 10/29/2021. Discovery due by 1/31/2022. Motion Filing due by 2/28/2022. Joint Pretrial Order due by 6/30/2022.(Signed by Magistrate Judge Peter Bray) Parties notified.(olindor, 4) [Transferred from Texas Southern on 1/25/2022.]
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| Minute Entry for proceedings held before Magistrate Judge Peter Bray. SCHEDULING CONFERENCE held on 8/12/2021. Appearances: For Plaintiff: Maxwell Lane Lowrey. For Defendant: Charles F Herd, Jr.(ERO:yes), filed.(olindor, 4) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 32 CERTIFICATE OF INTERESTED PARTIES by Southern Cat, Inc., filed.(Gould, Beau) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 31 NOTICE of Resetting. Parties notified. Initial Conference set for 8/12/2021 at 10:00 AM in by video before Magistrate Judge Peter Bray, filed. NOTICE no change to date or time, conference will be heard by zoom. A link was already provided to all parties. (gkelner, 4) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 30 NOTICE of Appearance by Beau A. Gould and Michael F. Ryan on behalf of Southern Cat, Inc., filed. (Gould, Beau) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 29 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Emergency Response Group, LLC, filed.(Hemphill, Allen) [Transferred from Texas Southern on 1/25/2022.] |
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Filing 28
ORDER granting #27 Motion to Substitute Attorney Attorney Joseph Baker Guilbeau terminated.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) [Transferred from Texas Southern on 1/25/2022.]
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| Filing 27 MOTION to Substitute Attorney Tally R. P. Perez in place of Joseph Baker Guilbeau by SWS Environmental Services, filed. Motion Docket Date 8/17/2021. (Attachments: #1 Proposed Order)(Perez, Tally) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 26 Renewed MOTION to Remand by Sergio Valdivieso, filed. Motion Docket Date 8/16/2021. (Attachments: #1 Exhibit, #2 Exhibit, #3 Errata, #4 Proposed Order)(Herd, Charles) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 25 CERTIFICATE OF INTERESTED PARTIES by Emergency Response Group, LLC, filed.(Hemphill, Allen) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 24 NOTICE of Appearance by Allen D. Hemphill on behalf of Emergency Response Group, LLC, filed. (Hemphill, Allen) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 23 CERTIFICATE OF INTERESTED PARTIES by Sergio Valdivieso, filed.(Herd, Charles) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 22 CERTIFICATE OF INTERESTED PARTIES by SWS Environmental Services, filed.(Lowrey, Maxwell) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 21 NOTICE of Appearance by M. Lane Lowrey on behalf of SWS Environmental Services, filed. (Lowrey, Maxwell) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 20 NOTICE of Appearance by Tally R. P. Perez on behalf of SWS Environmental Services, filed. (Lowrey, Maxwell) [Transferred from Texas Southern on 1/25/2022.] |
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Filing 19
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/12/2021 at 10:00 AM in Courtroom 703 before Magistrate Judge Peter Bray(Signed by Judge David Hittner) Parties notified.(ealexander, 4) [Transferred from Texas Southern on 1/25/2022.]
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| Filing 18 Case electronically transferred in from Louisiana Eastern. Case Number 2:12-cv-02004. (ltien 4) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 17 REMAND ORDER: Action is remanded back to the Southern District of Texas by MDL Panel. IT IS FURTHER ORDERED that, pursuant to Rule 10.4(a), the parties shall furnish the Clerk for the Eastern District of Louisiana with a stipulation or designation of the contents of the record to be remanded. (Attachments: #1 Suggestion of Remand)(my) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 16 Joint Omnibus Designation of Record for the B3 Cases. (Attachments: #1 Appendix) (lag) [Transferred from Texas Southern on 1/25/2022.] |
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Filing 15
ORDER - Suggestion of Remand. Signed by Judge Carl Barbier on 6/25/21.(cg)(cc:United States Judicial Panel on Multidistrict Litigation) [Transferred from Texas Southern on 1/25/2022.]
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Filing 14
ORDER AND REASONS - Before the Court is BP's Rule 12(c) Motion for Judgment on the Pleadings against the claims of Sergio Valdivieso. (Rec. Doc. 27080). For the reasons herein, IT IS ORDERED that BP's motion (Rec. Doc. 27080) is GRANTED. IT IS FURTHER ORDERED that Sergio Valdivieso's claims against BP plc, BP Products North America, Inc., and BP America, Inc., are DISMISSED. IT IS FURTHER ORDERED that Sergio Valdivieso's claims based on exposure to chemicals, whether asserted against BP or any other defendant, are DISMISSED. Valdivieso's non-chemical exposure claims against the remaining defendants are not dismissed. The Court intends to issue a "Suggestion of Remand" recommending that the Judicial Panel on Multidistrict Litigation remand this case to the Southern District of Texas for further proceedings. Signed by Judge Carl Barbier on 6/24/21.(cg) [Transferred from Texas Southern on 1/25/2022.]
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Filing 13
ORDER - The Court previously dismissed the three referenced member cases for failing to comply with Pretrial Order No 66. (Rec. Doc. 25356). The Court of Appeals recently reversed that decision and remanded the cases for further proceedings. (Rec. Doc. 26951). Accordingly, IT IS ORDERED that case nos. 12-2004 (Sergio Valdivieso), 15-1047 (Brian Gortney), and 17-3367 (Sheri Allen Dorgan) are hereby RE-OPENED. IT IS ORDERED that a status conference (via Zoom) pertaining to the three referenced member cases is scheduled for Thursday, April 8, 2021 at 10:00 a.m. (CDT)as stated herein. Signed by Judge Carl Barbier on 3/26/21.(cg) [Transferred from Texas Southern on 1/25/2022.]
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Filing 12
PTO 66 COMPLIANCE ORDER: IT IS ORDERED that the following plaintiffs are deemed COMPLIANT with PTO 66 and their B3 claims are not dismissed by this Order. IT IS FURTHER ORDERED that the B3 claims of the plaintiffs identified below are DISMISSED WITH PREJUDICE because they are non-compliant with PTO 66 and/or their claims were released as stated herein. Signed by Judge Carl Barbier on 1/31/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(cg) [Transferred from Texas Southern on 1/25/2022.]
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Filing 11
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Joseph C. Wilkinson, Jr for all further proceedings. Magistrate Judge Sally Shushan no longer assigned to case. Signed by Chief Judge Kurt D. Engelhardt.(ADI) [Transferred from Texas Southern on 1/25/2022.]
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| Filing 10 Statement by Sergio Valdivieso for Disclosure of B1 Claims (Attachments: #1 Exhibit A)(Herd, Charles) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 9 Request of Summons Issued as to Disaster Response Group LLC filed by Sergio Valdivieso re #1 Case Transferred In - District Transfer,. (Herd, Charles) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 8 Request of Summons Issued as to Disaster Response Group LLC filed by Sergio Valdivieso re #1 Case Transferred In - District Transfer,. (Herd, Charles) [Transferred from Texas Southern on 1/25/2022.] |
| NOTICE OF DEFICIENT DOCUMENT: re #7 Request for Summons Issued. Reason(s) of deficiency: Incorrect document. Disaster Research Group, LLC is not a named defendant in this case. For corrective information, see section(s) D01 on http://www.laed.uscourts.gov/cmecf/Deficiency/deficiency.htm Attention: Document must be refiled in its entirety within seven(7) calendar days. Otherwise, it may be stricken by the court without further notice. Deficiency remedy due by 10/17/2013. (gec, ) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 7 **DEFICIENT** Request of Summons Issued as to Disaster Response Services, LLC (non-party Disaster Research Group, LLC is named on the summons) filed by Sergio Valdivieso re #1 Case Transferred In - District Transfer. (Herd, Charles) Modified on 10/10/2013 (gec, ). [Transferred from Texas Southern on 1/25/2022.] |
| Filing 6 Summons Issued as to Disaster Response Services, LLC, Emergency Response Group, Inc., SWS Environmental Services fka Eagle-SWS Inc. (Attachments: #1 summons, #2 summons)(sek, ) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 5 Request of Summons Issued as to SWS Environmental Services fka Eagle-SWS Inc. filed by Sergio Valdivieso re #1 Case Transferred In - District Transfer,. (Herd, Charles) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 4 Request of Summons Issued as to Emergency Response Group, Inc. filed by Sergio Valdivieso re #1 Case Transferred In - District Transfer,. (Herd, Charles) [Transferred from Texas Southern on 1/25/2022.] |
| Filing 3 Request of Summons Issued as to Disaster Response Services, LLC filed by Sergio Valdivieso re #1 Case Transferred In - District Transfer,. (Herd, Charles) [Transferred from Texas Southern on 1/25/2022.] |
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Filing 2
ORDER of Dismissal: ORDERED that all claims which have been asserted by Plaintiff Sergio Valdivieso's in this cause against Defendant EASTERN RESEARCH GROUP, INC. (hereafter sometimes called "ERG"), be, and hereby are, dismissed without prejudice. Signed by Judge Carl Barbier on 3/11/13.(sek, ) [Transferred from Texas Southern on 1/25/2022.]
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| Filing 1 Case transferred in from Southern District of Texas (Houston); Case Number 4:12-1018. Electronic file certified copy of transfer order and docket sheet received. Filing fee paid in other District. (Attachments: #1 Notice of Removal, #2 State Court Pleadings, #3 Docket Sheet, #4 PTO 1, #5 PTO11, #6 PTO12, #7 PTO25, #8 PTO31, #9 PTO32)(clm, ) [Transferred from Texas Southern on 1/25/2022.] |
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