Briggs Brothers Enterprises Corp v. RLI Insurance Company et al
| Briggs Brothers Enterprises Corporation |
| RLI Insurance Company and Ryan Issel |
| 1:2024cv01134 |
| April 4, 2024 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 45 Case transferred in from District of Louisiana Middle; Case Number 3:23-cv-00132. . |
TEXT ORDER OF RECUSAL entered by Judge James E. Shadid on 4/5/2024. Judge James E. Shadid disqualifies and recuses himself from participation in this matter pursuant to 28 U.S.C. 455(a). This matter is referred to Chief Judge Sara Darrow for reassignment. (TK)
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TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on 4/5/2024. This case and the corresponding hearings are reassigned to Chief Judge Sara Darrow pending reassignment. (TK)
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| Filing 44 Extraction Log of a case Transferred to Central District of Illinois, Preoria Division. (JEG) |
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Filing 43
GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019. (JEG)
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Filing 42
ORDER granting #6 Motion to Transfer Case. Case transferred to Central District of Illinois, Preoria Division. Signed by Chief Judge Shelly D. Dick on 3/27/2024. (JEG)
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| Filing 41 NOTICE of Filing Orders Regarding Motion to Transfer in Related Litigation by Ryan Issel, RLI Insurance Company (Attachments: #1 Exhibit A - Texas Litigation Order, #2 Exhibit B - Georgia Litigation Order)(Catalano, Frank) |
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Filing 40
ORDER granting #38 MOTION for Leave to File Supplemental Memorandum of Law in Support of Motion to Transfer Venue filed by RLI Insurance Company, MOTION to Venue Pursuant to 28 U.S.C. Section 1404(a) filed by Timothy Ryan Issel, Ryan Issel, RLI Insurance Company. Signed by Chief Judge Shelly D. Dick on 2/2/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
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| Filing 39 Supplemental MEMORANDUM of Law in Support to #38 MOTION for Leave to File Supplemental Memorandum of Law in Support of Motion to Transfer Venue filed by RLI Insurance Company. (Catalano, Frank) Modified on 2/1/2024 to edit text. (EDC). |
| Filing 38 MOTION for Leave to File Supplemental Memorandum of Law in Support of Motion to Transfer Venue by RLI Insurance Company (Attachments: #1 Proposed Pleading; Order Granting Motion for Leave to file Supplemental Memorandum of Law in Support of Motion to Tansfer)(Catalano, Frank) Modified on 2/1/2024 to edit text. (EDC). |
| Filing 37 SUPPLEMENTAL MEMORANDUM in Opposition to #6 MOTION to Venue Pursuant to 28 U.S.C. Section 1404(a) filed by Briggs Brothers Enterprises Corp. (LLH) |
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Filing 36
ORDER granting #35 Consent MOTION for Leave to File Supplemental Memorandum in Opposition to Defendants' Motion to Transfer Venue filed by Briggs Brothers Enterprises Corporation, Briggs Brothers Enterprises Corp. Signed by Chief Judge Shelly D. Dick on 1/19/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
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| Filing 35 Consent MOTION for Leave to File Supplemental Memorandum in Opposition to Defendants' Motion to Transfer Venue by Briggs Brothers Enterprises Corp (Attachments: #1 Exhibit Ex. A Supplemental Memorandum, #2 Proposed Pleading; Order)(Bourgeois, Thomas) |
| Filing 34 NOTICE of Filing Order Regarding Motion to Transfer in Related Litigation by Ryan Issel, RLI Insurance Company (Attachments: #1 Exhibit 2024-01-05 Order Denying Briggs' MTV and MTD)(Catalano, Frank) |
| Filing 33 REPLY in Support of #31 MOTION to Dismiss for Failure to State a Claim filed by Ryan Issel, RLI Insurance Company. (Catalano, Frank) |
| Filing 32 MEMORANDUM in Opposition to #31 MOTION to Dismiss for Failure to State a Claim filed by Briggs Brothers Enterprises Corp. (Attachments: #1 Exhibit A - Correpondence from Dept of the Army, #2 Proposed Pleading; Proposed Order)(Dippel, John) |
| Filing 31 MOTION to Dismiss for Failure to State a Claim by Ryan Issel, RLI Insurance Company (Attachments: #1 Attachment Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit A - GIA, #3 Exhibit B - USACE & DOTD Letters, #4 Proposed Pleading; Order Granting Motion to Dismiss)(Catalano, Frank) |
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Filing 30
ORDER: Considering the #29 First Amendment Complaint filed in this matter, the #7 Motion to Dismiss for Failure to State a Claim is denied without prejudice to right to refile. Signed by Chief Judge Shelly D. Dick on 7/5/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
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| Filing 29 FIRST AMENDED COMPLAINT against Ryan Issel, RLI Insurance Company, filed by Briggs Brothers Enterprises Corp.(EDC) |
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Filing 28
ORDER granting #20 MOTION for Leave to File First Amended Complaint. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/20/2023. (EDC)
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| Filing 27 DEMAND for Trial by Jury by Briggs Brothers Enterprises Corp. (Dippel, John) |
| Filing 26 Notice to Counsel: Considering the #6 MOTION to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a), #7 MOTION to Dismiss, and #20 MOTION for Leave to File Amended Complaint, the Telephone Scheduling Conference set for 5/25/2023 is CANCELLED. The parties shall contact the chambers of Magistrate Judge Richard L. Bourgeois, Jr. at 225-389-3602 immediately upon a resolution of the #6 Motion to Transfer Venue so appropriate orders may be entered. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) |
| Filing 25 Joint STATUS REPORT by Briggs Brothers Enterprises Corp. (Bourgeois, Thomas) |
| Filing 24 REPLY Memorandum in Support of #20 MOTION for Leave to File First Amended Complaint filed by Briggs Brothers Enterprises Corp. (LLH) |
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Filing 23
ORDER granting #22 MOTION for Leave to File Reply in Support of Motion for Leave to File First Amended Complaint. The Clerk's Office shall enter the Reply (R. Doc. 22-1) into the record. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/11/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
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| Filing 22 MOTION for Leave to File Reply in Support of Motion for Leave to File First Amended Complaint by Briggs Brothers Enterprises Corp (Attachments: #1 Exhibit Ex. A - Reply in Support, #2 Proposed Pleading; Proposed Order)(Bourgeois, Thomas) |
| MOTION(S) REFERRED: #22 MOTION for Leave to File Reply in Support of Motion for Leave to File First Amended Complaint . This motion is now pending before the USMJ. (EDC) |
| Filing 21 RESPONSE in Opposition to #20 MOTION for Leave to File First Amended Complaint filed by Ryan Issel, RLI Insurance Company. (Catalano, Frank) |
| MOTION(S) REFERRED: #20 MOTION for Leave to File First Amended Complaint . This motion is now pending before the USMJ. (EDC) |
| Filing 20 MOTION for Leave to File First Amended Complaint by Briggs Brothers Enterprises Corp (Attachments: #1 Exhibit A - Agreement of Indemnity, #2 Exhibit B - First Amended Complaint, #3 Proposed Pleading; Order)(Dippel, John) |
| Filing 19 REPLY Memorandum in Support of #6 MOTION to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) filed by RLI Insurance Company. (LLH) |
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Filing 18
ORDER granting #16 MOTION for Leave to File Reply in Support of Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) filed by Timothy Ryan Issel, Ryan Issel, RLI Insurance Company. Signed by Chief Judge Shelly D. Dick on 4/11/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
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| Filing 17 Reply MEMORANDUM in Support of #7 MOTION to Dismiss for Failure to State a Claim Pursuant to FRCP 12(b)(6) filed by Ryan Issel, RLI Insurance Company. (Catalano, Frank) Modified on 4/7/2023 to edit text. (EDC). |
| Filing 16 MOTION for Leave to File Reply in Support of Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) by Ryan Issel, RLI Insurance Company (Attachments: #1 Attachment Reply Memorandum in Support of Motion to Transfer, #2 Proposed Pleading; Order Granting Leave to File)(Catalano, Frank) |
| Filing 15 Exhibit(s) to #12 Memorandum in Opposition to #6 Motion to Transfer by Briggs Brothers Enterprises Corp. (Attachments: #1 Exhibit A - Corps of Engineers Letter to RLI Dated January 19, 2023, #2 Exhibit B - RLI UCC FIlings, #3 Exhibit C - Louisiana Department of Insurance Listing for RLI, #4 Exhibit D - Order and Reasons)(Dippel, John) Modified on 3/27/2023 to add linkage to document 6(JEG). |
| Filing 14 Notice of Deficiency with Administrative Procedure III(A)(1) as to #12 Memorandum in Opposition to Motion to Transfer Venue. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. Each exhibit MUST include a description (e.g., Ex.1 Plaintiff Depo). (EDC) |
| Filing 13 MEMORANDUM in Opposition to #7 MOTION to Dismiss for Failure to State a Claim Pursuant to FRCP 12(b)(6) filed by Briggs Brothers Enterprises Corp. (Dippel, John) |
| Filing 12 MEMORANDUM in Opposition to #6 MOTION to Venue Pursuant to 28 U.S.C. Section 1404(a) filed by Briggs Brothers Enterprises Corp. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Dippel, John) |
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Filing 11
ORDER granting 10 Ex Parte Motion to Enroll Additional Counsel of Record. Attorney John Christopher Dippel, Jr. is enrolled as co-counsel for Plaintiff Briggs Brothers Enterprises Corp. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 3/13/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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| MOTION(S) REFERRED: 10 Ex Parte MOTION to Enroll J. Christopher Dippel as Additional Attorney . This motion is now pending before the USMJ. (EDC) |
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Filing 9
ORDER granting #5 Ex Parte Motion to Enroll as Counsel of Record. Attorney Elliot William Scharfenberg is enrolled as co-counsel for Defendants Ryan Issel and RLI Insurance Company. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 3/7/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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Filing 8
SCHEDULING CONFERENCE ORDER: Telephone Scheduling Conference set for 5/25/2023 at 10:30 AM before Magistrate Judge Richard L. Bourgeois Jr. Counsel for Plaintiff(s) shall initiate the call to all parties then contact the Court at (225) 389-3602. Status Report due by 5/11/2023. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 3/2/2023. (SGO)
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| Filing 7 MOTION to Dismiss for Failure to State a Claim Pursuant to FRCP 12(b)(6) by Ryan Issel, RLI Insurance Company (Attachments: #1 Attachment Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit Exhibit A - Indemnity Agreement, #3 Exhibit Exhibit B - Letters, #4 Attachment Proposed Order)(Catalano, Frank) |
| Filing 6 MOTION to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) by Ryan Issel, RLI Insurance Company (Attachments: #1 Attachment Memorandum of Law, #2 Exhibit A - GIA, #3 Exhibit B - RLI's Original Complaint (CDIL), #4 Proposed Pleading; Proposed Order)(Catalano, Frank) Modified on 3/3/2023 to edit text. (EDC). |
| MOTION(S) REFERRED: #5 Ex Parte MOTION to Enroll Elliot Scharfenberg as Additional Attorney . This motion is now pending before the USMJ. (EDC) |
| Filing 5 Ex Parte MOTION to Enroll Elliot Scharfenberg as Additional Attorney by Ryan Issel, RLI Insurance Company (Attachments: #1 Attachment Order)(Davidson, Catherine) |
| Filing 4 NOTICE OF DEFICIENCY with LR 7.1 as to #2 Certificate of Interested Persons. Failure to add interested persons to CM/ECF upon filing of Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall add all interested persons listed on the certificate using the event Add Interested Person located under Notices in the CM/ECF system. (EDC) |
| Filing 2 Certificate of Interested Persons by Ryan Issel, RLI Insurance Company identifying Corporate Parent RLI Insurance Company, Affiliate/Interested Person Briggs Brothers Enterprises Corp for Ryan Issel; Corporate Parent RLI Insurance Company, Affiliate/Interested Person Briggs Brothers Enterprises Corp for RLI Insurance Company. (Catalano, Frank) |
| Filing 1 NOTICE OF REMOVAL from 19th Judicial District Court for the Parish of East Baton Rouge, Case Number C-728277. (Filing fee $ 402 receipt number ALAMDC-2546015), filed by Ryan Issel, RLI Insurance Company. (Attachments: #1 Exhibit Removal Exhibits, #2 Attachment Pleadings Index, #3 Attachment Civil Coversheet, #4 Attachment Docket Sheet, #5 Attachment List of Counsel, #6 Attachment Notice of Appearance of Counsel, #7 Attachment Certificate of Interested Parties)(Catalano, Frank) |
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