Fleming et al v. United States of America et al
| Flora Fleming, Michael Jamison, Barbara Smith, Joyce Dalferes and Charles Leach |
| United States of America, United States Army Corps of Engineers, Boh Bros. Construction Co., LLC, Washington Group International, Inc., Virginia Wrecking Company, Inc., Board of Commissioners for the Orleans Parish Levee District, Board of Commissioners of the Port of New Orleans, Sewerage and Water Board of New Orleans, St. Paul Fire and Marine Insurance Company, Orleans Levee District, Board of Commissioners of the Lake Borgne Basin Levee District, Lake Borgne Basin Levee District, Board of Commissioners of the East Jefferson Levee District, East Jefferson Levee District, CSX Transportation Corporation, CSX Transportation, Inc., Public Belt Railroad Commission for the City of New Orleans and National Union Fire Insurance Company of Pittsburg |
| 2:2006cv05159 |
| August 28, 2006 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Ivan LR Lemelle |
| Joseph C Wilkinson |
| P.I.: Other |
| 28 U.S.C. § 2671 Federal Tort Claims Act |
| Both |
Docket Report
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| Filing 31 JUDGMENT entered in favor of the United States of America and against all plaintiffs dismissing said claims with prejudice with each party to bear his\her\its own costs. (original filed in master case 05-4182, doc #21300). Signed by Judge Stanwood R. Duval, Jr on 12/3/2014.(my) |
Filing 30
JUDGMENT under Rule 54(b): ORDERED, ADJUDGED AND DECREED that judgments in favor of Washington Group International, Inc. and against all plaintiffs be entered in the enumerated cases with each party to bear its/his/her costs. Signed by Judge Stanwood R. Duval, Jr on 9/17/2014. (FILED IN MASTER CASE 05-4182, DOC #21290)(blg)
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Filing 29
ORDER AND REASONS granting MOTION for Entry of Rule 54(b) Judgments in favor of Washington Group International, Inc; judgment shall be entered in favor of Washington Group International, Inc. and against all plaintiffs in the enumerated cases with each party to bear its/his/her costs. Signed by Judge Stanwood R. Duval, Jr on 9/17/2014. (FILED IN MASTER CASE 05-4182, DOC #21289)(blg)
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Filing 28
ORDER re 217 MOTION to Sever MOTION to Transfer Case filed by United States of America, Washington Group International, Inc. Ordered that the claims brought by plaintiffs against the remaining defendants be severed from the claims against the dismissed defendants as set forth in document. Further Ordered that the claims of plaintiffs in all cases against the remaining defendants be re-transferred to Section "K" for further disposition. Signed by Judge Ivan L.R. Lemelle on 2/13/2014. (ijg, )
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| Filing 27 USCA JUDGMENT issued as mandate on 12/17/2012 as to #21 Notice of Appeal filed by Charles Leach, Flora Fleming, Joyce Dalferes, Michael Jamison, Barbara Smith. USCA judge name: Smith, Prado, and Elrod. (**Originally filed in master case 05-4182, doc 21169) (my, ) |
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Filing 26
ORDER that case is administratively closed, to be reopened upon motion filed by 5/31/2011. Signed by Judge Ivan L.R. Lemelle on 3/30/2011.(lag, )
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| Filing 25 USCA JUDGMENT issued as mandate on 2/1/2011 as to #17 Notice of Appeal, #16 Notice of Appeal. USCA judge name: King, Garwood, and Davis Circuit Judges. Ordered and adjudged that the judgment of the District Court is reversed. (**Originally filed in master case 05-4191, doc #38) (blg) |
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Filing 24
ORDER of Consolidation - Case 06-5159 is hereby CONSOLIDATED with Civil Action No. 05-4191 "B"(2), which shall be the master/lead case pursuant to Local Rule 10.2E. Pursuant to the Court's directive, all pleadings hereafter filed in this consolidated proceeding shall bear the caption of the lead consolidated case together with the docket number of all cases within the consolidation to which the document applies or the notation "ALL CASES" if it applies to all cases. All pleadings hereafter filed shall no longer carry the caption "In re Katrina Canal Breaches Consolidated Litigation". Signed by Judge Ivan L.R. Lemelle on 12/10/2010. (blg)
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Filing 23
ORDERED that the cases (stated in document) which are presently part of the Master Consolidated Class Action in the LEVEE category or are tag-along LEVEE designated suits are hereby SEVERED FROM THE IN RE: KATRINA BREACHES CONSOLIDATED LITIGATION, C.A. NO. 05-4182 AND THE CLERK IS DIRECTED TO RANDOMLY REALLOT THESE CASES TO A JUDGE OF THIS COURT. It must be noted that this Court has rendered a Conditional Judgment approving a Settlement Agreement among the various state agencies, which are the only remaining defendants in the LEVEE category. The Conditional Judgment is currently on appeal. The Master Consolidated Class Action and all of the above-named cases that comprise that class action have been stayed, pending the resolution of this appeal. ORDER REASSIGNING CASE. Case reassigned to Judge Ivan L.R. Lemelle for all further proceedings. Judge Stanwood R. Duval, Jr no longer assigned to case. Signed by Judge Stanwood R. Duval, Jr on 12/8/2010.(blg)
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| USCA Case Number 10-31054 appealed to USCA, Fifth Circuit for #21 Notice of Appeal. (blg) |
| Filing 22 USCA JUDGMENT issued as mandate on 10/21/2010 as to #12 Notice of Interlocutory Appeal filed by Charles Leach, Flora Fleming, Joyce Dalferes, Michael Jamison, Barbara Smith. USCA judge name: Smith, Wiener, and Elrod. ORDERED that the judgment of the District Court is reversed, and the cause is remanded to the District Court for further proceedings. (**Originally filed in master case 05-4182, doc #20098) (blg) |
| Filing 21 NOTICE OF APPEAL by All Plaintiffs. (**Originally filed in master case 05-4182, doc #20088) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(blg) |
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Filing 20
ORDER of USCA granting motion to dismiss #19 Notice of Appeal. (**Originally filed in master case 05-4182, doc #19783) (blg)
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| Filing 19 NOTICE OF APPEAL by Sewerage and Water Board of New Orleans as to #18 Order. (**Originally filed in master case 05-4182, doc #19575) (blg) |
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Filing 18
ORDER granting MOTION to Dismiss Party Sewerage & Water Board of New Orleans Without Prejudice filed by Plaintiffs Liaison Counsel (master case, doc #19275). FURTHER ORDERED that plaintiffs' claims against the Sewerage and Water Board of New Orleans are hereby dismissed without prejudice. Orleans Parish Sewerage and Water Board and Sewerage and Water Board of New Orleans terminated.. Signed by Judge Stanwood R. Duval, Jr on 12/17/09. (**Order originally filed in master case 05-4182, doc #19481) (blg)
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| Filing 17 NOTICE OF APPEAL by objectors as to #15 Amended Final Order and Judgment. (**ORIGINALLY FILED IN MASTER CASE 05-4182, DOC #19319) (blg) |
| Filing 16 NOTICE OF APPEAL by plaintiffs in member cases 06-5116, 06-5118, 06-5142, 06-5132, 06-5131, 06-5134, 06-5137, 06-5127, 06-5128 as to #14 Final Order and Judgment, #15 Amended Final Order and Judgment. (**ORIGINALLY FILED IN MASTER CASE 05-4182, DOC #19311) (blg) |
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Filing 15
AMENDED #14 Final Order and Judgment. Signed by Judge Stanwood R. Duval, Jr on 9/24/09. (**ORIGINALLY FILED IN MASTER CASE 05-4182, DOC #19282) (blg)
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Filing 14
FINAL ORDER AND JUDGMENT. Signed by Judge Stanwood R. Duval, Jr on 9/9/09. (**ORIGINALLY FILED IN MASTER CASE 05-4182, DOC #19256) (blg)
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| Filing 13 USCA JUDGMENT issued as mandate on 5/22/09 as to #5 Notice of Appeal filed by Charles Leach, Flora Fleming, Joyce Dalferes, Michael Jamison, Barbara Smith. USCA judge name: Smith, Barksdale, Prado. ORDERED that the judgment of the District Court is AFFIRMED. Further ORDERED that the appellants pay to the appellees the costs on appeal to be taxed by the Clerk of Court. (***ORIGINAL FILED IN MASTER CASE 05-4182, DOC #18906***) (blg) |
| USCA Case Number 09-30449 appealed to USCA Fifth Circuit for #12 Notice of Interlocutory Appeal filed by Charles Leach, Flora Fleming, Joyce Dalferes, Michael Jamison, Barbara Smith (blg) |
| Filing 12 NOTICE OF INTERLOCUTORY APPEAL by all plaintiffs as to #10 Order, #11 Judgment - Rule 54(b), #9 Order. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (originally filed in master case 05-4182, doc #18786) (blg) |
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Filing 11
JUDGMENT under Rule 54(b) - ORDERED, ADJUDGED, AND DECREED that there be judgment herein in favor of defendant, Washington Group International, Inc., and against the Plaintiffs. Signed by Judge Stanwood R. Duval, Jr on 4/14/09. (original filed in master case 05-4182, doc #18542) (blg)
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Filing 10
ORDER granting Motion for Rule 54(b) Judgment, Motion for Summary Judgment and for Entry of Rule 54(b). Signed by Judge Stanwood R. Duval, Jr on 4/13/09. (Original filed in master case 05-4182, doc #18541) (blg)
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Filing 8
ORDER of Preliminary Certification of a Settlement Class, Preliminary Approval of Proposed Settlement and Stay of Certain Claims and Actions (Original filed in master case 05-4182, doc #16721). Signed by Judge Stanwood R. Duval, Jr on 12/15/08.(blg)
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Filing 7
ORDER confirming Stay of Certain Claims - All claims asserted against the Orleans Levee District, Board of Commissioners, Orleans Levee District, East Jefferson Levee District, Board of Commissioners, East Jefferson Levee District, Lake Borgne Basin Levee District, Board of Commissioners, Lake Borgne Basin Levee District, and St. Paul Fire & Marine Insurance Company ("Stayed Defendants") in the Federal Pending Actions are stayed (including discovery). All parties are enjoined from pursuing any claims asserted in the Federal Pending Actions (including discovery) against said Stayed Defendants absent further order of this Court. No finding, judgment, adjudication or verdict rendered in the Federal Pending Actions after December 15,2008, shall be binding or have any precedential effect on the Stayed Defendants. Signed by Judge Stanwood R. Duval, Jr on 12/19/08. (Original filed in master case 05-4182, doc #16811) (Attachments: #1 Appendix to Stay of Certain Claims and Actions)(blg)
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Filing 9
ORDER AND REASONS granting Motion for Summary Judgment filed by Washington Group International, Inc. Signed by Judge Stanwood R. Duval, Jr on 12/15/08. (original filed in master case 05-4182, doc #16723) (blg)
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Filing 6
ORDER AND REASONS granting Motion for Summary Judgment (doc #15861, in master case 05-4182). Washington Group International, Inc. terminated. Signed by Judge Stanwood R. Duval, Jr on 12/15/08.(blg)
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| Filing 5 NOTICE OF APPEAL by all plaintiffs. Originally filed in Master Case 05-4182, doc #8256. (Attachments: #1 Exhibit 1)(blg) |
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Filing 4
CASE CONSOLIDATED with 05-4182. PROTOCOL for Case Management Order Number 1. Signed by Judge Stanwood R. Duval Jr. on 7/19/06.(blg, )
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Filing 2
ORDER REASSIGNING CASE. Case reassigned to Judge Stanwood R. Duval, Jr and Joseph C. Wilkinson, Jr for all further proceedings. Judge Carl Barbier, Daniel E. Knowles, III no longer assigned to case. Signed by Judge Peter Beer on 8/30/06.(sek, )
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| Filing 3 Summons Issued as to United States of America, United States Army Corps of Engineers, Boh Bros. Construction Co., L.L.C., Washington Group International, Inc., Virginia Wrecking Company, Inc., Board of Commissioners for the Orleans Parish Levee District, Board of Commissioners of the Port of New Orleans, Sewerage and Water Board of New Orleans, St. Paul Fire and Marine Insurance Company. (blg, ) |
| Filing 1 COMPLAINT against all defendants (Filing fee $ 350.) filed by all plaintiffs. (Attachments: #1 Civil Cover Sheet)(ala) |
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