Leblanc et al v. Texas Brine Company, LLC
| Louis Altizan, III, Cherie Blanchard, David Blanchard, Katherine Blanchard, Ross Blanchard, Linda Cavalier, Ethel Gaudet, Allen Hill, John Hill, Lisa T. Leblanc, Nathan J. Leblanc, Beverly S. Vaughn, Clint Vaughn, Ginger Vaughn and Jay M. Vaughn |
| Texas Brine Company, LLC, Arch Speciality Insurance Company, Chubb Custom Insurance Company, Fireman's Fund Insurance Company, Fireman's Fund Insurance Company of Ohio, Great American Assurance Company, Gulf Insurance Company, Lexington Insurance Company, Mid-America Resources Corporation, National Surety Corporation, Pacific Insurance Company, Limited, TIG Insurance Company, Texas Brine, L.L.C., American Guarantee & Liability Insurance Co, American International Speciality Lines Insurance Company and John Waupsh |
| Crosstex Energy Services, LP, Crosstex LIG LLC, Crosstex Processing Services, LLC, Pontchartrain Natural Gas System and K/D/S Promix LLC |
| Daniel Achee, John Adolph Achee, Jr., Ervin Alberado, Julie Alberado, Ashley Alleman, Brandon Alleman, Carla Alleman, Donna Alleman, Grady Alleman, Iris Alleman, Louise Anderson, Scott Anderson, Alicia Aucoin, Hubert Aucoin, Russell Aucoin, Sandra Aucoin, Automotive Remodeling, Joseph Baxter, Renee Baxter, Elizabeth Talbot Benoit, Nolan J. Benoit, Jr., Shaun Berthelot, Dorothy Blaine, Angela Blanchard, Arnold Blanchard, Arthur Blanchard, Edna Blanchard, Elora Blanchard, Gerald Blanchard, Henry Blanchard, Jacqueline Blanchard, Jeannette Blanchard, Jonell Blanchard, Justin Blanchard, Lindsey Blanchard, Louis Blanchard, Matthew Blanchard, Michael Blanchard, Nicholas Blanchard, Sharon Blanchard, Susan Blanchard, Warren Blanchard, June Dupre Bouchereau, Ernest Boudreaux, Jr., Gail D. Boudreaux, Scotty Bourg, Jacqueline L. Bourgoyne, Joseph E. Bourgoyne, Leslie O. Bourgoyne, Richard S. Bourgoyne, Mona Branum, Eloise D. Brown, Harley C. Brown, Kathryn Macaluso Brown, Ronald T. Brown, Ronnie Bryant, Donald Calamia, Marla Calmia, Paulette Achee Carline, Donaldson Cavalier, Russell Cavalier, Sr., Tina Cavalier, Wallace P. Cavalier, Betty Cedotal, Charles C. Savoie, Sr., L.L.C., Debra M. Charlet, Herman Charlet, Jason P. Charlet, Henry Christman, Circuit Grand Bayou, LLC, Elizabeth Coston, Jacqueline Coston, Lillie Coston, Mary Coston, Tammy Coupel, Warren Coupel, Sr., Warren Coupel, Jr., Joelle M. Cox, Lee Ann Crochet, Roberta Crochet, Cheryl D. Daigle, Joe Daigle, Lynn Daigle, Nick Daigle, Robbie Daigle, Thomas J. Daigle, May H. Daigre, Mike Daigre, Mary W. Deaton, Robert Deaton, Sr., Lorraine Delatte, Dennis P. Landry, Inc., Teleca Donachricha, Donald & Mable Savoie L.L.C., Carl Dugas, Ramona Dugas, Dugas & LeBlanc, LTD., Clint A. Dupre, Elaine H. Dupre, Gilbert J. Dupre, Howard J. Dupre, III, Dickie J. Esquivel, Joyce D. Esquivel, Estate of Mildred W. Schmidt, Fred Fernandez, Winnie Fernandez, Zachary Fifer, Marlene L. Folse, Sandy B. Foret, Wilfred J. Foret, Jr., Justin Frey, April Gaspard, Jonathan Gaspard, Donnie F. Gauthier, Melinda F. Gauthier, Justine S. Gilbert, Stephen W. Gilbert, Casey Gilliot, Grand Bayou Management, LLC, Jason Gregoire, Jennifer Gregoire, James Clyde Gremillion, Alvin Gros, Cassie Gros, Preston P. Guilbeau, Victoria C. Guilbeau, Trinity Guilliot, Tina Guillot, Wesley Guillot, Diamond Gustave, Bethany Hayden, Charlie Hayden, Aimee Hebert, Charlotte Hebert, Penny Hebert, Sidney Hernandez, Linda Hill, Abbie Hue, Jason Hue, Larry Hue, Debbie Ishmael, Jonsyb Minerals L.L.C., Judy Junot, Sanford Junot, Bernard R. Kannon, Jr., Amber Kern, Cherish Kraemer, LPL Land Company, Floyd A. LaBarre, LaBarre Lands, Inc., Gustave J. LaBarre, Jr., Christine Landry, Dennis Paul Landry, Dorren Landry, Elmira M. Landry, Evelyn Landry, Gertrude Landry, Joseph Landry, Michael Landry, Neil P. Landry, Jr., Patricia Landry, Preston Landry, Laser Construction, Jamie C. Latino, Krystal Latino, Michael N. Latino, Shelby Latino, Henry R. Lawes, Jr., LeBlanc Land Company, L.L.C., Christin Leonard, Sterling P. Leonard, Terry Leonard, Vicky R. Leonard, Yvonne Litton, Lizarraga Enterprises, L.L.C., James F. Looney, Myrna D. Looney, Lynn Mabile, Mary Mabile, Russ Mabile, Kenneth Marrory, D. Michael Medine, Donna Medine, Meraland Louisiana Partners, LLP, Cynthia Doucet Murphy, Erica Lynn North, Sheila D. Overby, William N. Overby, Paincourtville Land Company, L.L.C., Jim Parks, Patricia Parks, Leah Payne, Robert Payne, Donna Pipsair, Hayes Pipsair, Kai Pipsair, Rhett Pipsair, Pam Porrier, Russell Porrier, Michael J. Pourciau, Pamela D. Pourciau, John Timothy Rathburn, Linda S. Rathburn, Augusta de la Barre Riffert, Helena Rivere, Tanner Rivere, Robert Sunshine, L.L.C., Mary Elizabeth Rodriguez Russo, Brad Rohman, Roland J. Robert Distributor, Inc., Deborah Rousseau, Michelle Rousseau, Randy Rousseau, Thomas Rousseau, Donald Ruiz, John Ruiz, Patricia S. Ruiz, Vera Ruiz, Lucy Saia, Courtney Sanchez, Dennis Sanchez, Dianne Sanchez, Gertrude Sanchez, Wineva Sanchez, Savoie -- Mattingly Properties, L.L.C., Savoie Land Holdings, L.L.C., Wilma Scioneaux, Norman Setlewe, Larry Shavers, Sr., Helen Shaw, Amy Simoneaux, Christopher A. Simoneaux, Joie Simoneaux, Lyle T. Simoneaux, Telesia Simoneaux, Simone Simoneaux-Lawson, John Brant Smart, Sandra B. Smart, Katina Smith, Vivian Solar, Michael Stewart, Super Stop Enterprises, Inc., Ramona Talbot, Tee's Silkscreening, The Hospice of Greater Baton Rouge, Betty Thibodaux, Ronnie Thibodaux, Town & Country Mini Storage, Gerald C. Triche, Thomas B. Triche, Virginia Triche, Wayne Triche, Charles W. Triche, III, Catherine M. Vice, William W. Vice, Carole Vincent, Marvin Vincent, Jamie Weber, Carolyn Welch, Henry Welch, Anita H. Williams, Carolee Woodward, Andre P. V. de LaBarre, Maria de LaBarre, Mary G. de LaBarre, Pierre IV de LaBarre, Hospice of Greater Baton Rouge, Dennis Paul Landry 13-5793 d/b/a Sportsman's Landing and RV Sites and Cajun Cabins and Ronald T Brown |
| Occidental Chemical Corporation |
| Acceptance Insurance Company, Agricultural Insurance Company, American Guarantee & Liability Insurance Company, American International Surplus Lines Insurance Company, Legacy Vulcan Corp., Liberty Insurance Underwriters, Inc., Liberty Mutual Insurance Company, National Surety Company, National Union Fire Insurance Company of Pittsburgh, Pa., St. Paul Fire & Marine Insurance Company, Steadfast Insurance Company, The Insurance Company of the State of Pennsylvania, Transcontinental Insurance Company, Travelers Indemnity Company of Connecticut, Vulcan Materials Company, Zurich American Insurance Company, Zurich Insurance Company, AIG Specialty Insurance Company, Chartis Specialty Insurance Company, Legacy Vulcan, LLC, Insurance Company of the State of Pennsylvania, American International Specialty Lines Insurance Company, Travelers Indemnity Company, Michael Ferris, Mark Juszli, Linda Elling, James Janson, Rodney Gremillion, Albert Lupenski, Larry Sevenker, Retrust Oil & Gas Corp, Hollie Irvin, Sol Kirschner, RLI Insurance Company, Gulf Underwriters Insurance Company, Chicago Insurance Company, Investors Insurance Company of America, St. Paul Travelers Insurance Company, Gemini Insurance Company, Unidentified Parties, Vulcan Chloralkali, LLC, American International Specialty Lines Co., Aspen Insurance UK Limited, National Union Fire Insurance Company of Pittsburgh, Pennsylvania, New Hampshire Insurance Company, Starr Surplus Lines Insurance Company, North America Capacity Insurace Company, St. Paul Surplus Lines Insurance Company, Vulcan Materials Corp, National Fire Insurance Company of Hartford, Sirius International Insurance Corporation and Northfield Insurance Company |
| Adams Resources Exploration Corporation, Browning Oil Company, Inc., Colorado Crude Company, LORCA Corporation, Reliance Petroleum Corporation and Roxton Petroleum Corporation |
| Joseph S. Ball, Jr., Berry Petroleum Company, Department of Natural Resources State of Louisiana, Exxon Corporation, Bobby Jindal, Louisiana Department of Natural Resources, Louisiana State, Mid-America Resources, Inc., Miller Engineering & Associates, Inc, Miller Engineers & Associates, Inc., Occidental Chemical Company and Joseph S. Ball |
| Alton Shelby Easterly |
| Occidental Petroleum Corporation, Pure Partners, LP, Occidental VCM, LLC, Robert Henderson, HECI Exploration Company, LLC, Energy Self-Service Oils, Inc. and Frank Yantis |
| Nanometrics, Inc. |
| 2:2012cv02059 |
| August 10, 2012 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Assumption |
| Michael North |
| Jay C Zainey |
| P.I.: Other |
| 33 U.S.C. § 1319 Clean Water Act |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 23, 2023. A more recent docket listing may be available from PACER.
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Filing 2623
ORDER granting #2622 Motion to Dismiss with Prejudice Occidental Chemical Corp's against LORCA Corporation, Reliance Petroleum Corporation, f/k/a Retrust Oil & Gas Corporation; Roxton Petroleum Corporation, and Colorado Crude Company, and Lessees/Operators, Adams Resources Exploration Corporation and Browning Oil Company, Inc. Signed by Judge Jay C. Zainey on 1/20/2023. (Reference: All Cases)(mmm)
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Filing 2622
EXPARTE/CONSENT Joint MOTION to Dismiss by Reliance Petroleum Corporation, Browning Oil Co, Inc, LORCa Corp, Colorado Crude Co, Occidental Chemical Corp. (Attachments: #1 Proposed Order)(Reference: 12:2246, 12:2354, 12:2363, 13:4952, 13:5016, 13:5038, 13:5045, 13:5227, 13:5408, 13:5563, 13:5549, 13:5793, 13:6026, 13:6412)(Baker, Katherine)
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Filing 2621
ORDER granting #2620 Motion to Dismiss AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Insurance Company, and National Union Fire Insurance Company of Pittsburgh, Pa. Signed by Judge Jay C. Zainey on 12/5/2022. (Reference: All Cases)(mmm)
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Filing 2620
EXPARTE/CONSENT Joint MOTION to Dismiss by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa., Texas Brine Company, LLC(13-6026). (Attachments: #1 Proposed Order)(Reference: 12-2059, 12-2246, 12-2354, 12-2363, 12-2611, 13-4952, 13-5016, 13-5038, 13-5045, 13-5227, 13-5793, 13-5804, 13-5549, 13-5563, 13-6026, 13-6412)(Laurendine, Ingrid)
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Filing 2619
ORDER Granting #2618 Joint MOTION to Continue the Pre-2012 Third Party Insurer Trial. The trial is Continued without date. The Pretrial Conference scheduled for 12/8/2022 is Cancelled. The Court further directs the Clerk of Court to administratively close Civil Actions 12-2059 and 13-5227 for statistical reporting purposes. The Court will reopen Civil Action 13-5227 upon motion of the parties when they are ready for a new Case Management Order and trial date; this will not prejudice the rights of any party. Signed by Judge Jay C. Zainey on 8/10/2022.(Reference: 13-5227)(ajn)
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Filing 2618
EXPARTE/CONSENT Joint MOTION to Continue Trial by American Guarantee & Liability Insurance Co, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Mercer, Glen)
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Filing 2617
AMENDED CASE MANAGEMENT ORDER. Signed by Judge Jay C. Zainey on 7/1/2022. (Reference: 13-5227)(ajn)
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Filing 2616
EXPARTE/CONSENT MOTION to Amend/Correct Case Management Order by American Guarantee & Liability Insurance Co, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Mercer, Glen)
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Filing 2615
ORDER Granting #2613 Motion to Continue Submission date of #2600 Motion for Partial Summary Judgment. The submission date is Continued from 6/22/2022 to 8/3/2022. Signed by Judge Jay C. Zainey on 6/15/2022. (Reference: All Cases)(ajn)
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Filing 2614
Correction of Docket Entry by Clerk re #2613 First MOTION to Continue Submission of Motion for Partial Summary Judgement. **Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action.** (Reference: 2613)(ajn)
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Filing 2613
EXPARTE/CONSENT First MOTION to Continue Submission of Motion for Partial Summary Judgement by Texas Brine, L.L.C. (Attachments: #1 Proposed Order Proposed Order on Continuance)(Reference: 12-2059, 12-2246, 12-2354, 12-2363, 12-2611,13-4952, 13-5016, 13-5045, 13-5227, 13-5804, 13-5563, 13-5549, 13-7793)(Garner, James) Modified on 6/15/2022 to remove referral (ajn).
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Filing 2612
ORDER Granting #2611 Motion to Continue Submission date on #2600 MOTION For Partial Summary Judgment from 5/25/2022 to 6/22/2022. Signed by Judge Jay C. Zainey on 5/17/2022. (Reference: All Cases)(ajn)
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Filing 2611
EXPARTE/CONSENT Ex Parte MOTION to Continue Submission of Motion for Partial Summary Judgement by Texas Brine Company, LLC. (Attachments: #1 Proposed Order Proposed Order on Continuance)(Reference: 12-2059, 12-2246, 12-2354, 12-2363, 12-2611,13-4952, 13-5016, 13-5045, 13-5227, 13-5804, 13-5563, 13-5549, 13-7793)(Garner, James)
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Filing 2610
ORDER Granting #2609 Motion to Continue Submission Of Motion For Partial Summary Judgment On Certain Fees And Costs That Are Allegedly Not Recoverable Under The 8/20/2015 Subrogation And Interim Funding Agreement and that thesubmission date of AIG's Motion (Rec. Doc. no. 2600) shall be Continued from 4/27/2022 to 5/25/2022. Signed by Judge Jay C. Zainey on 4/20/2022. (Reference: All Cases)(ajn)
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Filing 2609
EXPARTE/CONSENT Third MOTION to Continue Submission Of Motion For Partial Summary Judgment On Certain Fees And Costs That Are Allegedly Not Recoverable Under The August 20, 2015 Subrogation And Interim Funding Agreement by Texas Brine Company, LLC. (Attachments: #1 Proposed Order)(Reference: ALL CASES)(Garner, James)
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Filing 2608
ORDER Granting #2605 Motion to Withdraw as Attorney. Attorney Kendall J. Krielow terminated as counsel of record for Elizabeth Benoit. Signed by Judge Jay C. Zainey on 4/5/2022. (Reference: All Cases)(ajn)
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Filing 2607
ORDER Granting #2604 Motion to Dismiss Insurers of Oil and Gas Parties without prejudice and with each party to bear their own costs. Signed by Judge Jay C. Zainey on 4/4/2022. (Reference: All Cases)(ajn)
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Filing 2606
**DUPLICATE FILING OF R.DOC. 2605** EXPARTE/CONSENT MOTION to Withdraw KENDALL J. KRIELOW as Attorney by Elizabeth Talbot Benoit(Attachments: #1 Proposed Order)(Reference: 12-2246, 12-2363, 12-6511, 13-4952, 13-5016, 13-405, 13-5227, 13-5804, 13-5563, 3-5549, 13-7793)(Krielow, Kendall) Modified on 4/5/2022 (ajn).
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Filing 2605
EXPARTE/CONSENT MOTION to Withdraw KENDALL J. KRIELOW as Attorney by Elizabeth Talbot Benoit. (Attachments: #1 Proposed Order)(Reference: 12-2246, 12-2354, 12-2363, 12-261, 13-4952, 13-5016, 13-5045, 13-5227, 13-5804, 13-5563, 13-5549, 13-7793)(Krielow, Kendall)
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Filing 2604
EXPARTE/CONSENT MOTION to Dismiss Insurers of Oil and Gas Parties by Texas Brine Company, LLC(Doc. 123 & 125). (Attachments: #1 Proposed Order)(Reference: 12-2059, 12-2246, 12-2354, 12-2363, 12-2611, 13-4952, 13-5016, 13-5045, 13-5227, 13-5804, 13-5563, 13-5549, 13-7793)(Garner, James)
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Filing 2603
ORDER Granting #2602 Motion to Continue Submission date of #2600 Motion for Partial Summary Judgment. The submission date is Continued to 4/27/2022. Signed by Judge Jay C. Zainey on 3/30/2022. (Reference: All Cases)(ajn)
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Filing 2602
EXPARTE/CONSENT Second MOTION to Continue Submission of Motion for Partial Summary Judgment on Certain Fees and Costs that are Allegedly not Recoverable under the August 20, 2015 Subrogation and Interim Funding Agreement by Texas Brine, L.L.C.. (Attachments: #1 Proposed Order)(Reference: all cases)(Garner, James)
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Filing 2601
ORDER Granting #2598 Motion to Continue Submission date of #2600 Motion for Partial Summary Judgment. The submission date is Continued to 4/13/2022. Signed by Judge Jay C. Zainey on 3/21/2022. (Reference: All Cases)(ajn)
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Filing 2600
SEALED MOTION For Partial Summary Judgment by National Union Fire Insurance Company of Pittsburgh, PA. and AIG Specialty Insurance Company. Motion set for submission on 3/30/2022. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Notice of Submission) (Reference: All Cases)(ajn)
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Filing 2599
ORDER Granting #2597 Motion for Leave to File Under Seal. Signed by Judge Jay C. Zainey on 3/20/2022. (Reference: 13-5227)(ajn)
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Filing 2598
EXPARTE/CONSENT MOTION to Continue Submission of Motion for Partial Summary Judgment on Certain Fees and Costs that are Allegedly not Recoverable under the August 20, 2015 Subrogation and Interim Funding Agreement by Texas Brine, L.L.C.. (Attachments: #1 Proposed Order)(Reference: all cases)(Garner, James)
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Filing 2597
EXPARTE/CONSENT MOTION to Seal Motion for Partial Summary Judgment on Certain Fees and Costs That are Not Recoverable Under the Confidential August 20, 2015 Subrogation and Interim Funding Agreement by AIG Specialty Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. (Attachments: #1 Proposed Pleading, #2 Proposed Pleading, #3 Proposed Pleading, #4 Notice of Manual Attachment, #5 Proposed Order)(Reference: 13-5227)(Johnson, Mary)
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Filing 2596
ORDERED that Legacy Vulcan, L.L.C.'s #2561 Motion for Contempt and Sanctions Against Texas Brine Company, L.L.C. is WITHDRAWN. Signed by Magistrate Judge Michael North on 3/6/2022. (Reference: All Cases)(jls) Modified text on 3/8/2022 (jls).
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Filing 2595
ORDER Granting #2593 Motion to Appear Pro Hac Vice as to John K. Daly. Signed by Judge Jay C. Zainey on 2/16/2022. (Attachments: #1 Notice Pro Hac Vice Counsel) (Reference: 13-5227)(ajn)
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Filing 2594
ORDERED that the #2592 MOTION to Continue is GRANTED and that the submission date of Legacy Vulcan, LLC's #2561 MOTION for Sanctions and Contempt shall be continued until 3/2/2022. Signed by Magistrate Judge Michael North on 2/15/2022.(Reference: All Cases)(jls)
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Filing 2593
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Fee previously paid) by American Guarantee & Liability Insurance Co, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company. (Attachments: #1 Attorney Affidavit, #2 E-File Consent Form, #3 Proposed Order)(Reference: 13:5227)(Mercer, Glen) (Attachment 1 replaced on 2/16/2022) (ajn). Modified text on 2/16/2022 (ajn). (Additional attachment(s) added on 2/16/2022: #4 Certificate of Good Standing) (ajn).
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Filing 2592
EXPARTE/CONSENT MOTION to Continue Submission of Legacy Vulcan's Motion for Contempt and Sanctions by Texas Brine Company, LLC(13-5016). Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Reference: 12-2059)(Garner, James)
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Filing 2591
**DEFICIENT** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-9226539) by American Guarantee & Liability Insurance Co, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Reference: 13-5227)(Mercer, Glen) Modified on 2/15/2022 (ajn).
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Filing 2590
ORDER Adopting #2581 Report and Recommendation. IT IS ORDERED that the Court adopts the Special Master's Recommendation as to the allocation and disbursement of attorneys' fees. Signed by Judge Jay C. Zainey on 2/4/2022.(Reference: 13-5227)(ajn)
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Filing 2589
STATUS REPORT Report & Recommendation No. 11 by Alton Shelby Easterly (Reference: All Cases)(Easterly, A.)
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Filing 2588
Witness List by Texas Brine Company, LLC(13-5016). (Reference: 13-5227)(Garner, James)
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Filing 2587
ORDER Granting #2586 Motion For Payment of Claims. Signed by Judge Jay C. Zainey on 1/24/2022. (Reference: 13-5227)(ajn)
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Filing 2586
EXPARTE/CONSENT MOTION For Payment of Claims by Ralph Tureau. (Reference: 13-5227)(ajn) (Additional attachment(s) added on 1/26/2022: #1 Sealed Exhibit A) (ajn).
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Filing 2585
SEALED ORDER Denying #2557 Motion for New Trial or Alternatively Motion for Partial Summary Judgment as set forth in document. (Reference: 13-5227)(ajn)
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Filing 2584
ORDER Granting #2579 Motion to Dismiss Parties North American Capacity Insurance Company in the capacity as insurer of Browning Oil Company, Inc. (2) Steadfast Insurance Company("Steadfast") in the capacity as insurer of Adams Resources Corporation; (3) National Surety Corporation in the capacity as insurer for Sol Kirschner; (4) Lexington Insurance Company in its capacity as the alleged insurer of Browning; (5) Lexington in its capacity as the alleged insurer of Adams; (6) National Union Fire Insurance Company of Pittsburgh, Pa. as the alleged insurer of Adams; (7) AIG Specialty Insurance Company (f/k/a American International Specialty Lines Insurance Company) as the alleged insurerof Adams; and (8) AIG Specialty Insurance Company (f/k/a Chartis Specialty Insurance Company) as the alleged insurer of Adams (collectively referred to the "Oil and Gas Party Insurers") are hereby dismissed without prejudice and with each party to bear their own costs. Signed by Judge Jay C. Zainey on 1/20/2022. (Reference: All Cases)(ajn)
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Filing 2583
ORDER Granting #2578 Motion to Dismiss Party The Travelers Indemnity Company of Connecticut, and The Travelers Indemnity Company (individually and as successor to Gulf Insurance Company), in their capacity as alleged insurers of Texas Brine with prejudice, with each party to bear their own costs and with Texas Brinereserving all its claims against all other remaining defendants. Signed by Judge Jay C. Zainey on 1/20/2022. (Reference: All Cases)(ajn)
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Filing 2582
ORDER: IT IS ORDERED that any objections to #2581 Report and Recommendation No. 13 regarding the allocation of attorney's fees shall be filed no later than Thursday, 2/3/2022. Signed by Judge Jay C. Zainey on 1/20/2022.(Reference: 13-5227)(ajn)
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Filing 2581
REPORT AND RECOMMENDATION NO. 13 by Ralph Tureau.(Reference: 13-5227). Signed by Judge Jay C. Zainey on 1/19/2022.(Reference: 13-5227)(ajn)
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Filing 2580
ORDERED that the #2561 MOTION For Contempt And Sanctions Against Texas Brine Company, LLC is continued to 2/23/2022. Signed by Magistrate Judge Michael North on 1/20/2022.(Reference: All Cases)(jls)
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Filing 2579
EXPARTE/CONSENT MOTION to Dismiss Insurers of the Oil and Gas Parties by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order)(Reference: 12-2059)(Garner, James)
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Filing 2578
EXPARTE/CONSENT Joint MOTION to Dismiss with Prejudice Certain Insurers by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order)(Reference: 12-2059)(Garner, James)
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Filing 2577
SEALED REPLY IN SUPPORT of Motion for New Trial Pursuant to Federal Rule of Civil Procedure 59(E) or, Alternatively, Motion for Partial Summary Judgment by Texas Brine Company, LLC. (Reference: 13-5227)(ajn)
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Filing 2576
ORDER Granting #2574 Motion for Leave to File Under Seal. Signed by Judge Jay C. Zainey on 1/13/2022. (Reference: 13-5227)(ajn)
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Filing 2575
SEALED OPPOSITION to Texas Brine Company,LLC's Motion for New Trial Pursuant to Federal Rule of Civil Procedure 59(e) or, Alternatively, Motion for Partial Summary Judgment Pursuant to Federal Rule of Civil Procedure 56, filed by National Union Fire Insurance Company of Pittsburgh, PA and AIG Specialty Insurance Company. (Attachments: #1 Statement of Contested/Uncontested Facts) (Reference: 13-5227)(ajn)
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Filing 2574
EXPARTE/CONSENT MOTION for Leave to File , MOTION to Seal Reply Brief in Support of Motion for New Trial Pursuant to Federal Rule of Civil Procedure 59(E) or, Alternatively, Motion for Partial Summary Judgment by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5227)(Garner, James)
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Filing 2573
ORDER Granting #2571 Motion to Seal Document. Signed by Judge Jay C. Zainey on 1/12/2022. (Reference: 13-5227)(ajn)
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Filing 2572
ORDERED that the #2569 Motion for Leave to File Reply Memorandum in Support of its Motion to Continue Submission of the Motion for Contempt and Sanctions is MOOT. Signed by Magistrate Judge Michael North on 1/11/2022. (Reference: All Cases)(jls)
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Filing 2571
EXPARTE/CONSENT MOTION to Seal Document Opposition to Texas Brine Company, LLCs Motion for New Trial Pursuant to Federal Rule of Civil Procedure 59(e) or, Alternatively, Motion for Partial Summary Judgment Pursuant to Federal Rule of Civil Procedure 56 by AIG Specialty Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. (Attachments: #1 Proposed Pleading, #2 Proposed Pleading, #3 Notice of Manual Attachment, #4 Proposed Order)(Reference: 13-5227)(Johnson, Mary)
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Filing 2570
ORDERED that the #2566 MOTION to Continue is GRANTED and the #2561 MOTION for Sanctions and Contempt is CONTINUED until 1/26/2022. FURTHER ORDERED that the #2567 Motion to Expedite is DISMISSED AS MOOT. Signed by Magistrate Judge Michael North on 1/10/2022.(Reference: All Cases)(jls)
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Filing 2569
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Continue Submission of Legacy Vulcan's Motion for Contempt and Sanctions by Texas Brine Company, LLC(13-5016). Motion(s) referred to Michael North. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 12-2059)(Garner, James)
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Filing 2568
RESPONSE/MEMORANDUM in Opposition filed by Legacy Vulcan, LLC re #2567 MOTION to Expedite Texas Brine's Motion to Continue Legacy Vulcan's Motion for Contempt and Sanctions, #2566 MOTION to Continue Submission of Legacy Vulcan's Motion for Contempt and Sanctions . (Attachments: #1 Exhibit 1, #2 Exhibit 2 (in globo))(Reference: All cases)(Lambert, Kent)
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Filing 2567
EXPARTE/CONSENT MOTION to Expedite Texas Brine's Motion to Continue Legacy Vulcan's Motion for Contempt and Sanctions by Texas Brine Company, LLC(13-5016). Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Reference: 12-2059)(Garner, James)
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Filing 2566
MOTION to Continue Submission of Legacy Vulcan's Motion for Contempt and Sanctions by Texas Brine Company, LLC(13-5016). Motion(s) referred to Michael North. Motion(s) will be submitted on 1/26/2022. (Attachments: #1 Memorandum in Support, #2 Exhibit 1-8, #3 Notice of Submission)(Reference: 12-2059)(Garner, James)
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Filing 2565
ORDER denying #2562 Request/Statement of Oral Argument, filed by Legacy Vulcan, LLC. Signed by Magistrate Judge Michael North on 1/5/2022.(Reference: 12-2059, 12-2246, 12-2354, 12-2363, 12-2611, 13-4952, 13-5016, 13-5045, 13-5227, 13-5804, 13-5563, 13-5549, 13-7793)(caa)
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Filing 2564
ORDER granting #2563 Motion to Seal Document. FURTHER ORDERED that Exhibits 1(A), 1(B), 3, and 6 to Vulcans Motion for Contempt and Sanctions #2561 against Texas Brine Company, LLC be and hereby are filed into the record of this proceeding UNDER SEAL. Signed by Magistrate Judge Michael North on 1/5/2022. (Reference: ALL CASES)(caa)
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Filing 2563
EXPARTE/CONSENT MOTION to Seal Document #2561 MOTION for Sanctions and Contempt by Legacy Vulcan, LLC. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Reference: 20-2059, 12-2246, 12-2354, 12-2363, 12-2611, 13-4952, 13-5016, 13-5045, 13-5227, 13-5804, 13-5563, 13-5549, 13-7793)(Juneau, Matthew)
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Filing 2562
Request/Statement of Oral Argument by Legacy Vulcan, LLC regarding #2561 MOTION for Sanctions and Contempt (Reference: 12-2059, 12-2246, 12-2354, 12-2363, 12-2611, 13-4952, 13-5016, 13-5045, 13-5227, 13-5804, 13-5563, 13-5549, 13-7793)(Juneau, Matthew)
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Filing 2561
MOTION for Sanctions and Contempt by Legacy Vulcan, LLC. Motion(s) referred to Michael North. Motion(s) will be submitted on 1/19/2022. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 1(A) (Sealed), #4 Exhibit 1(B) (Sealed), #5 Exhibit 2, #6 Exhibit 3 (Sealed), #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6 (Sealed), #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Notice of Submission)(Reference: 12-2059, 12-2246, 12-2354, 12-2363, 12-2611, 13-4952, 13-5016, 13-5045, 13-5227, 13-5804, 13-5563, 13-5549, 13-7793)(Juneau, Matthew) (Additional attachment(s) added on 1/7/2022: #15 Sealed Exhibit 1A, #16 Sealed Exhibit 1B, #17 Sealed Exhibit 3, #18 Sealed Exhibit 6) (ajn).
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Filing 2560
FINAL ORDER AND JUDGMENT. Signed by Judge Jay C. Zainey on 12/21/21.(Reference: 13-5227)(cg)
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Filing 2559
NOTICE by Sol Kirschner Notice of Removal of Counsel from Electronic Service List. (Reference: 12-2059)(Moyers, Seth)
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Filing 2558
Memorandum by Texas Brine Company, LLC(13-5016) re #2518 Status Conference (Attachments: #1 Proposed Order)(Reference: 13-5227)(Garner, James)
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Filing 2557
SEALED MOTION for New Trial Pursuant to FRCP 59(E) OR Alternatively MOTION for Partial Summary Judgment Pursuant to FRCP 56. Motion(s) set for submission on 1/19/2022. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts) (Reference: 13-5227)(ajn)
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Filing 2556
ORDER Granting #2555 Motion to Seal Its Motion for New Trial Pursuant to Federal Rule of Civil Procedure 59(E) or, Alternatively, Motion for Partial Summary Judgment Pursuant to Federal Rule of Civil Procedure 56. IT IS FURTHER ORDERED that the sealed motion for new trial shall be set for submission on 1/19/2022 on the briefs. Signed by Judge Jay C. Zainey on 12/13/2021. (Reference: 13-5227)(ajn)
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Filing 2555
MOTION to Seal , MOTION for New Trial Pursuant to Federal Rule of Civil Procedure 59(E) or, Alternatively, Motion for Partial Summary Judgment Pursuant to Federal Rule of Civil Procedure 56 by Texas Brine Company, LLC(13-5016). Motion(s) will be submitted on 1/5/2022. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Memorandum in Support, #4 Statement of Contested/Uncontested Facts, #5 Notice of Submission)(Reference: 13-5227)(Garner, James)
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Filing 2554
ORDER: IT IS HEREBY ORDERED, ADJUDGED, and DECREED that in anticipation of the administrative closure of Civil Action No. 12-2059, the continuation of discovery related to the incidental demands pending between Texas Brine Company, LLC and Legacy Vulcan, LLC in Civil Action No. 12-2059 and consolidated cases and such proceedings as may be necessary to facilitate such discovery, including, but not limited to, any objections to discovery, shall be and hereby are authorized by the Court. Signed by Judge Jay C. Zainey on 11/16/2021.(Reference: All Cases)(ajn)
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Filing 2553
SEALED ORDER AND REASONS: Granting #2527 Motion for Partial Summary Judgment (Reference: 13-5227)(ajn)
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Filing 2552
CASE MANAGEMENT ORDER. Signed by Judge Jay C. Zainey on 11/15/2021.(Reference: 13-5227)(ajn)
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Filing 2551
Minute Entry for proceedings held before Judge Jay C. Zainey: A Telephone Status Conference was held on 11/15/2021. The Court approved the parties' Joint Proposed Case Management Order, which shall be entered separately. A Jury Trial set for 1/17/2023 at 8:30 AM before Judge Jay C. Zainey. Trial is estimated to last 9 days. The Pretrial Conference is set for Thursday, 12/8/2022 at 10:00 AM in Chambers. Counsel shall prepare in accordance with the attached Section A pretrial notice. (Attachments: #1 Pretrial Notice Form) (Reference: 13-5227)(ajn)
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Filing 2550
ORDER Granting #2549 Motion To Approve Special Master's Report and Recommendation No. 9, No. 10 and No. 12. Signed by Judge Jay C. Zainey. (Reference: 13-5227)(ajn)
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Filing 2549
EXPARTE/CONSENT MOTION To Approve Special Master's Report and Recommendation No. 9, No. 10 and No. 12 by Ralph Tureau. (Attachments: #1 Proposed Order)(Reference: 13-5227)(ajn)
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Filing 2548
ORDER RESETTING STATUS CONFERENCE: IT IS ORDERED that the follow-up Status Conference is reset for Monday, 11/15/2021 at 10:30 AM, BY TELEPHONE, before Judge Jay C. Zainey. IT IS FURTHER ORDERED that counsel shall email their proposed CMO to the Court by Wednesday, 11/10/2021, at 12:00 noon. Signed by Judge Jay C. Zainey.(Reference: 13-5227)(ajn)
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Filing 2547
CASE MANAGEMENT ORDER by Texas Brine Company, LLC Pursuant to #2521 Minute Entry (Reference: 12-2246, 12-2354, 12-2363, 12-2611, 13-4952, 13-5016, 13-5045, 13-5227, 13-5804, 13-5563, 13-5549, 13-7793)(Garner, James) Modified text on 11/1/2021 (ajn).
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Filing 2545
ANSWER and Affirmative Defenses to AIG's Counter-Claims by Texas Brine Company, LLC. (Reference: 13-5227)(ajn)
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Filing 2546
Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 10/25/2021. Negotiations were productive but unfortunately no resolution between Texas Brine and the Pre-2012 Insurers could be achieved at this time. Further negotiations will proceed telephonically. (Reference: 13-5227)(jls)
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Filing 2544
ORDER Granting #2543 Motion to Seal. Signed by Judge Jay C. Zainey on 10/21/2021. (Reference: 13-5227)(ajn)
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Filing 2543
EXPARTE/CONSENT MOTION to Seal Answer and Affirmative Defenses to AIG's Counter-Claims by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5227)(Garner, James)
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Filing 2542
ORDER Granting #2519 Motion for Award of Attorney Fees. The Special Master shall prepare and file into the record a proposed breakdown of the gross award to individual counsel. Signed by Judge Jay C. Zainey on 10/14/2021. (Reference: 13-5227)(ajn)
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Filing 2541
SEALED SUR-REPLY in Opposition by Texas Brine Company, LLC to #2527 Motion for Partial Summary Judgment on Bad Faith Claims. (Attachments: #1 Exhibit 1) (Reference: 13-5227)(ajn)
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Filing 2540
ORDER Granting #2532 Motion for Leave to File Reply Under Seal. Signed by Judge Jay C. Zainey on 10/13/2021. (Reference: 13-5227)(ajn)
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Filing 2539
ORDER: IT IS ORDERED that any objections to Report and Recommendation Nos. 10, 11, and 12 (Rec.Docs 2533,2534 and 2535) shall be filed no later than Monday, 11/1/2021. Those individuals who wish to object but do not have access to file electronically, must submit their objections in writing to United States District Judge Jay C. Zainey, 500 Poydras Street, Rm. C-455, N.O., LA, 70130. Written objections mailed to the Court must be received by 11/1/2021. Signed by Judge Jay C. Zainey on 10/13/2021.(Reference: 13-5227)(ajn)
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Filing 2538
SEALED REPLY in Support of #2527 MOTION For Partial Summary Judgment onTexas Brine's Bad Faith Claims. (Reference: 13-5227)(ajn)
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Filing 2537
ORDER Granting #2531 Motion for Leave to File Reply Under Seal. Signed by Judge Jay C. Zainey on 10/12/2021. (Reference: 13-5227)(ajn)
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Filing 2536
ORDER RESETTING STATUS CONFERENCE: IT IS ORDERED that the follow-up Status Conference with the Court, currently set for Wednesday, 11/3/2021, at 10:00 a.m., is reset for Thursday, 11/4/2021 at 10:45 AM in Chambers before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey.(Reference: 13-5227)(ajn)
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Filing 2535
REPORT AND RECOMMENDATION NO. 12 by Ralph Tureau.(Reference: 13-5227)(ajn)
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Filing 2534
REPORT AND RECOMMENDATION NO. 11 by Ralph Tureau.(Reference: 13-5227)(ajn)
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Filing 2533
REPORT AND RECOMMENDATION NO. 10 by Ralph Tureau. (Reference: 13-5227)(ajn)
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Filing 2532
EXPARTE/CONSENT MOTION for Leave to File Sur-Reply in Support of Opposition to AIG's Motion for Partial Summary Judgment on Bad Faith Claims by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5227)(Garner, James)
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Filing 2531
EXPARTE/CONSENT MOTION to Seal Document and for Leave to File Reply in Support of Motion for Partial Summary Judgment on Texas Brines Bad Faith Claims Pursuant to Louisiana Revised Statutes 22:1892 and 22:1973 for Alleged Breach of Confidential August 20, 2015 Subrogation and Interim Funding Agreement by AIG Specialty Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Notice of Manual Attachment)(Reference: 13-5227)(Mollere, Chadwick) (Additional attachment(s) added on 10/12/2021: #4 SEALED proposed reply memo) (sa).
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Filing 2530
SEALED Opposition to #2527 to AIG's Motion for Partial Summary Judgment on Bad Faith Claims by Texas Brine Company, LLC. (Reference: 13-5227)(ajn)
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Filing 2529
ORDER Granting #2528 Motion to Seal. Signed by Judge Jay C. Zainey on 10/6/2021. (Reference: 13-5227)(ajn)
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Filing 2528
EXPARTE/CONSENT MOTION to Seal Opposition to AIG's Motion for Partial Summary Judgment on Bad Faith Claims by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5227)(Garner, James)
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Filing 2527
SEALED MOTION for Partial Summary Judgment filed by National Union Fire Insurance Company Of Pittsburgh, PA. and AIG Specialty Insurance Company. Motion set for submission on 10/13/2021. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Notice of Submission) (Reference: 13-5227)(ajn)
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Filing 2526
ORDER Granting #2524 Motion to Seal Document. Signed by Judge Jay C. Zainey on 9/29/2021. (Reference: 13-5227)(ajn)
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Filing 2525
***FILED IN ERROR*** NOTICE by AIG Specialty Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa. Notice of Submission. (Reference: 13-5227)(Mollere, Chadwick) Modified on 9/29/2021 (ajn).
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Filing 2524
EXPARTE/CONSENT MOTION to Seal Document Motion for Partial Summary Judgment Relating to Louisiana Revised Statutes 22:1892 and 22:1973 and Texas Brines Claims for Penalties and Attorneys Fees under Confidential August 20, 2015 Subrogation and Interim Funding Agreement, Memorandum in Support, Statement of Material Facts and Exhibits by AIG Specialty Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Proposed Pleading, #4 Proposed Pleading, #5 Notice of Manual Attachment)(Reference: 13-5227)(Mollere, Chadwick)
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Filing 2523
Sealed - Zurich Insurers' Answer to Texas Brine Co LLC's 3/17/2020 Amended and Supplemental Bad Faith and Penalties Third-Party Demand and Cross-Claim (sealed doc 2265). (Reference: 13-5227)(jls)
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Filing 2522
ANSWER to #2452 Amended Complaint with Jury Demand by American Guarantee & Liability Insurance Co, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company.(Reference: 13-5227)(Mercer, Glen)
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Filing 2520
ORDER SCHEDULING SETTLEMENT CONFERENCE: Settlement Conference is hereby SCHEDULED, by telephone, for 10/25/2021 at 10:00 AM before Magistrate Judge Michael North. Each party shall provide, in confidence, a concise settlement memorandum, which should also include a personal cell phone number of the lead attorney for the settlement conference. The Court will contact the parties individually. Signed by Magistrate Judge Michael North on 9/23/2021.(Reference: 13-5227)(jls)
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Filing 2519
MOTION for Attorney Fees Motion for Award of Attorneys' Fees by Dianne Sanchez. Motion(s) will be submitted on 10/13/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Reference: 13-5227)(Centola, Lawrence)
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Filing 2521
Minute Entry for proceedings held before Judge Jay C. Zainey: Status Conference held on 9/22/2021. IT IS ORDERED that Civil Action 13-4952 is DISMISSED. IT IS FURTHER ORDERED that Texas Brine and the Pre-2012 Insurers shall contact the assigned magistrate judge for the purpose of scheduling a settlement conference, said conference to take place no later than October 28, 2021. IT IS FURTHER ORDERED that a new proposed case management order shall be submitted by Friday, October 29, 2021, at 12:00 noon, as stated herein. Status Conference set for 11/3/2021 at 11:00 AM before Judge Jay C. Zainey. (Reference: All Cases)(am)
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Filing 2518
Minute Entry for proceedings held before Judge Jay C. Zainey: A Settlement Fairness Hearing was held on 9/22/2021. (Court Reporter Karen Ibos.) (Attachments: #1 Attendance Record) (Reference: 13-5227)(ajn)
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Filing 2517
ORDER Granting #2514 Motion for Payment of Administrative Costs as set forth in document. Signed by Judge Jay C. Zainey on 9/21/2021. (Reference: 13-5227)(ajn)
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Filing 2516
REPORT AND RECOMMENDATION NO. 9 by Ralph Tureau.(Reference: 13-5227)(ajn)
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Filing 2515
REPORT AND RECOMMENDATION NO. 8 by Ralph Tureau.(Reference: 13-5227). (ajn)
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Filing 2514
EXPARTE/CONSENT MOTION for Payment of Administrative Costs by Dianne Sanchez. (Attachments: #1 Exhibit, #2 Proposed Order)(Reference: 13-cv-5227)(Honeycutt, David) Modified text on 9/21/2021 to remove submission date and add 'Exparte' (ajn).
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Filing 2513
RESPONSE to Motion filed by Dianne Sanchez re #2502 MOTION Motion for Preliminary Approval of Proposed Settlement Memorandum in Support of Motion Final Certification of Settlement Class. (Attachments: #1 Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Reference: 13-5227)(Centola, Lawrence)
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Filing 2512
SEALED Answer and Affirmative Defenses by National Union Fire Insurance Company of Pittsburgh, PA. and AIG Specialty Insurance Company. (Reference: 13-5227)(ajn)
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Filing 2511
ORDER Granting #2509 Motion to Seal Document. Signed by Judge Jay C. Zainey on 9/7/2021. (Reference: 13-5227)(ajn)
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Filing 2510
ORDER granting #2508 Motion for Extension of Time to Answer. Signed by Judge Jay C. Zainey on 9/7/21. (Reference: 13-5227)(jrc)
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Filing 2509
EXPARTE/CONSENT MOTION to Seal Document Answer and Affirmative Defenses to Texas Brine's March 17, 2020 Amended and Supplemental Bad Faith and Penalties Third-Party Demand and Cross-Claim by AIG Specialty Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Notice of Manual Attachment)(Reference: 13-5227)(Johnson, Mary)
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Filing 2508
EXPARTE/CONSENT MOTION for Extension of Time to Answer re #2452 Amended Complaint, #2265 Sealed Document by American Guarantee & Liability Insurance Co, Steadfast Insurance Company, Zurich American Insurance Company, Zurich Insurance Company. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Mercer, Glen) Modified text on 9/7/2021 (lw).
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Filing 2507
ORDER: IT IS ORDERED that a Status Conference with the Court shall immediately follow the Fairness Hearing scheduled for Wednesday, 9/22/2021, at 2:00 p.m. Signed by Judge Jay C. Zainey on 8/13/2021.(Reference: 13-5227)(ajn)
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Filing 2506
Sealed document. IT IS ORDERED that the Rule 12(b)(6) Motion to Dismiss (Rec. Doc. 2465) filed by AIG Specialty Insurance Co. (AIG Specialty) and National Union Fire Insurance Co. of Pittsburgh, Pa. (National Union) is GRANTED IN PART AND DENIED IN PART as explained above. IT IS FURTHER ORDERED that the Rule 12(b)(6) Motion to Dismiss (Rec. Doc. 2467) filed by Lexington Insurance Co. (Lexington) and The Insurance Company of The State of Pennsylvania (ICSOP) is GRANTED. All claims asserted against these insurers in Texas Brines Amended and Supplemental Bad Faith and Penalties Third-Party Demand and Cross-Claim (of March 17, 2020) (SEALED Rec. Doc. 2265) are DISMISSED. IT IS FURTHER ORDERED that the Rule 12(b)(6) Motion to Dismiss (Rec. Doc. 2479) filed by Zurich American Insurance Co., American Guarantee & Liability Insurance Co., and Steadfast Insurance Co. is GRANTED IN PART AND DENIED IN PART as explained above. IT IS FURTHER ORDERED that after docketing under seal the Clerk of Court shall send a copy of this Order and Reasons to lead counsel of record for the involved parties (James Garner, Mary Johnson, and Glen Mercer) who may then forward the Order and Reasons as appropriate. (Reference: 13-5227)(jrc)
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Filing 2505
ORDER granting #2502 MOTION Motion for Preliminary Approval of Proposed Settlement ; Fairness Hearing Hearing set for 9/22/2021 2:00 PM in the Courtroom of Judge Jay C. Zainey. Signed by Judge Jay C. Zainey.(Reference: 13-5227)(jrc)
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Filing 2504
Case Management Order by Texas Brine Company, LLC(13-5016) re #2470 Status Conference (Reference: 13-5227)(Garner, James)
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Filing 2503
ORDER: By agreement of the parties, IT IS ORDERED that the deadline given in the Court's 6/1/2021 Minute Entry (Rec. Doc. 2470) for the Phase III parties to file a joint proposed CMO is extended to 7/7/2021. Signed by Judge Jay C. Zainey on 6/30/2021.(Reference: 13-5227)(ajn)
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Filing 2502
Motion for Preliminary Approval of Proposed Settlement by Dianne Sanchez. Motion(s) will be submitted on 7/21/2021. (Attachments: #1 Proposed Pleading Settlement Agreement, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Pleading, #6 Notice of Submission)(Reference: 13-5227)(Centola, Lawrence) (Attachment 4 replaced on 7/1/2021) (ajn). Modified on 7/1/2021 (ajn).
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Filing 2501
SEALED Sur-Reply in Opposition by Texas Brine Company, LLC to Zurich's Motion to Dismiss. (Reference: 13-5227)(ajn)
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Filing 2500
ORDER Granting #2499 Motion for Leave to File Reply Under Seal. Signed by Judge Jay C. Zainey on 6/24/2021. (Reference: 13-5227)(ajn)
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Filing 2499
EXPARTE/CONSENT MOTION for Leave to File Sur-Reply in Support of Opposition to Zurich's Rule 12 Motion to Dismiss Under Seal by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5227)(Garner, James) Modified text on 6/24/2021 (ajn).
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Filing 2498
SEALED REPLY BRIEF in Support by American Guarantee & Liability Insurance Co, Steadfast Insurance Company, Zurich American Insurance Company re #2479 Motion to Dismiss. (Reference: 13-5227)(ajn)
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Filing 2497
ORDER Granting #2493 Motion for Leave to File Reply Under Seal. Signed by Judge Jay C. Zainey on 6/23/2021. (Reference: 13-5227)(ajn)
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Filing 2496
SEALED SUR-REPLY in Opposition by Texas Brine Company, LLC to AIG's #2465 Motion to Dismiss. (Attachments: #1 Exhibit) (Reference: 13-5227)(ajn)
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Filing 2495
ORDER Granting #2492 Motion for Leave to File Sur-Reply Under Seal. Signed by Judge Jay C. Zainey on 6/23/2021. (Reference: 13-5227)(ajn)
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Filing 2494
Correction of Docket Entry by Clerk re #2493 Reply to Response. **Filing attorney selected incorrect event. Correct event is 'Motion for Leave to File Document'. Clerk took corrective action by changing the event.** (Reference: 13-5227)(ajn)
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Filing 2493
EXPARTE/CONSENT Motion for Leave to File Reply in Further Support Motion to Dismiss Under Seal filed by American Guarantee & Liability Insurance Co, Steadfast Insurance Company, Steadfast Insurance Company, Zurich American Insurance Company (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5227)(Mercer, Glen) Modified text on 6/23/2021 to correct event (ajn).
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Filing 2492
EXPARTE/CONSENT MOTION for Leave to File Sur-Reply in Support of Opposition to AIG's Rule 12 Motion to Dismiss by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5227)(Garner, James)
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Filing 2491
SEALED REPLY MEMORANDUM in Support by Insurance Company of the State of Pennsylvania, Lexington Insurance Company re #2467 Motion to Dismiss. (Reference: 13-5227)(ajn)
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Filing 2490
ORDER Granting #2487 Motion for Leave to File Reply Under Seal. IT IS FURTHER ORDERED that the Reply be filed, and that it be filed into the record of the captioned case under seal. Signed by Judge Jay C. Zainey on 6/22/2021. (Reference: 13-5227)(ajn)
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Filing 2489
SEALED REPLY MEMORANDUM in Support by AIG Specialty Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa. re #2465 MOTION to Dismiss. (Reference: 13-5227)(ajn)
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Filing 2488
ORDER Granting #2486 Motion for Leave to File Reply Under Seal. IT IS FURTHER ORDERED that the Reply be filed, and that it be filed into the record of the captioned case under seal. Signed by Judge Jay C. Zainey on 6/22/2021. (Reference: 13-5227)(ajn)
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Filing 2487
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum Under Seal in Support of Motion to Dismiss by Insurance Company of the State of Pennsylvania, Lexington Insurance Company. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Reference: 13-5227)(Johnson, Mary)
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Filing 2486
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum Under Seal in Support of Motion to Dismiss by AIG Specialty Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Reference: 13-5227)(Johnson, Mary)
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Filing 2485
SEALED OPPOSITION by Texas Brine Company, LLC to Zurich's Motion to Dismiss. (Reference: 13-5227)(ajn)
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Filing 2484
ORDER Granting #2477 Motion to Seal Opposition. Signed by Judge Jay C. Zainey on 6/17/2021. (Reference: 13-5227)(ajn)
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Filing 2483
SEALED OPPOSITION by Texas Brine Company, LLC to Lexington and ICSOP's #2467 Motion to Dismiss. (Reference: 13-5227)(ajn)
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Filing 2482
ORDER Granting #2476 Motion to Seal Opposition. Signed by Judge Jay C. Zainey on 6/16/2021. (Reference: 13-5227)(ajn)
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Filing 2481
SEALED OPPOSITION by Texas Brine Company, LLC to AIG's #2465 Motion to Dismiss for Bad Faith and Penalties. (Reference: 13-5227)(ajn)
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Filing 2480
ORDER Granting #2475 Motion to Seal Opposition. Signed by Judge Jay C. Zainey on 6/16/2021. (Reference: 13-5227)(ajn)
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Filing 2479
MOTION to Dismiss Texas Brine Company, LLC's #2265 Amended and Supplemental Bad Faith and Penalties Third-Party Demand and Cross-Claim and #2452 Eighth Supplemental and Amended Third-Party Demand and Cross-Claim by American Guarantee & Liability Insurance Co, Steadfast Insurance Company, Zurich American Insurance Company. Motion(s) will be submitted on 6/23/2021. (Attachments: #1 Notice of Submission)(Reference: 13-5227)(ajn) (Additional attachment(s) added on 6/17/2021: #2 SEALED Memorandum in Support) (ajn).
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Filing 2478
**FILED IN ERROR-ATTACHED TO R.DOC. 2479** NOTICE by Zurich American Insurance Company and Steadfast Insurance Company, and American Guarantee & Liability Insurance Company of Submission. (Reference: 13-5227)(French, Kourtney) Modified on 6/17/2021 (ajn).
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Filing 2477
EXPARTE/CONSENT MOTION to Seal Opposition to Zurich's Rule 12(b)(6) Motion to Dismiss by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5227)(Garner, James)
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Filing 2476
EXPARTE/CONSENT MOTION to Seal Opposition to Lexington and ICSOP's Rule 12 Motion to Dismiss by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5227)(Garner, James)
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Filing 2475
EXPARTE/CONSENT MOTION to Seal Opposition to AIG and National Union's Rule 12 Motion to Dismiss Claims for Bad Faith and Penalties by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5227)(Garner, James)
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Filing 2474
ORDER Granting #2472 Motion for Leave to File Under Seal as to the Memorandum in Support only. Signed by Judge Jay C. Zainey on 6/9/2021. (Reference: 13-5227)(ajn)
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Filing 2473
ORDER re #2470 Minute Entry. ORDERED that the deadline for the parties to move to dispose of the Hebert heirs' claims in this litigation so that they may proceed in state court is STAYED while the parties focus their efforts on consummating the Sanchez class settlement. Signed by Judge Jay C. Zainey on 6/9/21.(Reference: 13-5227)(jrc)
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Filing 2472
EXPARTE/CONSENT MOTION for Leave to File Under Seal its Motion to Dismiss Texas Brine Company, LLCs Amended and Supplemental Bad Faith and Penalties Third-Party Demand and Cross- Claim (Doc. 2265) and Eighth Supplemental and Amended Third-Party Demand and Cross- Claim (Doc. 2452) by American Guarantee & Liability Insurance Co, Steadfast Insurance Company, Zurich American Insurance Company. (Attachments: #1 Notice of Manual Attachment, #2 Proposed Order)(Reference: 13-5227)(French, Kourtney)
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Filing 2471
ORDER Granting #2469 Motion to Appear Pro Hac Vice as to Mukul S. Kelkar. Signed by Judge Jay C. Zainey on 6/3/2021. (Attachments: #1 Notice Pro Hac Vice Counsel) (Reference: All Cases)(ajn)
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Filing 2469
MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-8884245) by Nanometrics, Inc. (Attachments: #1 Notice of Admission, #2 Exhibit 1 - Verification, #3 Exhibit 1A - Certificate of Good Standing, #4 Exhibit 1B - E-File Privilege Request, #5 Order)(Reference: All Cases)Attorney Jerry Anthony Beatmann, Jr added to party Nanometrics, Inc.(pty:mw).(Beatmann, Jerry) Modified text on 6/3/2021 to remove referral and submission date(ajn). (Attachment 1 replaced on 6/3/2021) (ajn).
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Filing 2470
Minute Entry for proceedings held before Judge Jay C. Zainey. Status Conference held on 6/1/2021. Deadlines set herein. (Reference: 13-4952, 13-5227)(jrc)
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Filing 2468
ORDER Granting #2466 Motion to Seal Document. Signed by Judge Jay C. Zainey on 6/1/2021. (Reference: 13-5227)(ajn)
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Filing 2467
MOTION to Dismiss for Failure to State a Claim Texas Brine's March 17, 2020 Amended and Supplemental Bad Faith and Penalties Third-Party Demand and Cross-Claim and Eighth Supplemental and Amended Third-Party Demand and Cross-Claim by Insurance Company of the State of Pennsylvania, Lexington Insurance Company. Motion(s) will be submitted on 6/23/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Reference: 13-5227)(Johnson, Mary)
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Filing 2466
EXPARTE/CONSENT MOTION to Seal Document #2465 MOTION to Dismiss for Failure to State a Claim Texas Brine's March 17, 2020 Amended and Supplemental Bad Faith and Penalties Third-Party Demand and Cross-Claim and Eighth Supplemental and Amended Third-Party Demand and Cross-Claim by AIG Specialty Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. (Attachments: #1 Notice of Manual Attachment, #2 Proposed Order, #3 Proposed Pleading)(Reference: 13-5227)(Johnson, Mary)
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Filing 2465
MOTION to Dismiss for Failure to State a Claim Texas Brine's March 17, 2020 Amended and Supplemental Bad Faith and Penalties Third-Party Demand and Cross-Claim and Eighth Supplemental and Amended Third-Party Demand and Cross-Claim by AIG Specialty Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. Motion(s) will be submitted on 6/23/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Reference: 13-5227)(Johnson, Mary) (Additional attachment(s) added on 6/1/2021: #3 SEALED Memorandum in Support) (ajn).
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Filing 2464
ORDER Status Conference by telephone set for 6/1/2021 10:45 AM before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey on 5/26/21.(Reference: 13-4952)(jrc)
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Filing 2463
ORDER Status Conference by telephone set for 6/1/2021 10:45 AM before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey on 5/26/21.(Reference: 13-5227)(jrc)
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Filing 2462
ORDER Granting #2460 Motion to Appear Pro Hac Vice as to Kendall J. Burr. Signed by Judge Jay C. Zainey on 5/26/2021. (Attachments: #1 Notice Pro Hac Vice Counsel) (Reference: All Cases)(ajn)
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Filing 2461
ORDER Granting #2459 Motion to Appear Pro Hac Vice as to Thomas F.A. Hetherington. Signed by Judge Jay C. Zainey on 5/26/2021. (Attachments: #1 Notice Pro Hac Vice Counsel) (Reference: All Cases)(ajn)
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Filing 2460
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Kendall J. Burr (Filing fee $ 100 receipt number ALAEDC-8873676) by AIG Specialty Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Reference: 12-2059 c/w 12-2246,12-2354, 12-2363, 12-2611, 13-4952, 13-5016, 13-5038, 13-5045, 13-5227, 13-5408, 13-5563, 13-5549, and 13-5793)(Johnson, Mary)
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Filing 2459
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Thomas F.A. Hetherington (Filing fee $ 100 receipt number ALAEDC-8873531) by AIG Specialty Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Reference: 12-2059 c/w 12-2246,12-2354, 12-2363, 12-2611, 13-4952, 13-5016, 13-5038, 13-5045, 13-5227, 13-5408, 13-5563, 13-5549, and 13-5793)(Johnson, Mary)
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Filing 2458
Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 5/21/2021. As a result of follow-up discussions among the Court and the parties, a settlement agreement was reached in the refereced matter. The Court thanks counsel and the parties for their efforts in bringing this matter to an amicable resolution. (Reference: 13-5227)(jls) (NEF: Honorable Jay C. Zainey)
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Filing 2457
ORDER Granting #2455 Motion to Substitute Attorney. Attorney's Samuel Milton Rosamond, III, Jonathan B. Womack and Francis Christopher Cannone enrolled for Fireman's Fund Insurance Company, Fireman's Fund Insurance Company of Ohio and National Surety Corporation. Attorney's Sidney W. Degan, III and James A. Rowell terminated. Signed by Judge Jay C. Zainey on 5/20/2021. (Reference: All Cases)(ajn)
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Filing 2455
EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Samuel M. Rosamond, III, Jonathan B. Womack, Francis C. Cannone to be substituted in place of James A. Rowell, Sidney W. Degan by Fireman's Fund Insurance Company, Fireman's Fund Insurance Company of Ohio, National Surety Company, National Surety Corporation((Doc. 1125)), National Surety Corporation. (Attachments: #1 Proposed Order)(Reference: 12-2059, 12-2246, 12-2354, 12-2363, 12-2611, 13-4952, 13-5045, 13-5227, 13-5804, 13-5563, 13-5549, 13-7793)Attorney Samuel Milton Rosamond, III added to party Fireman's Fund Insurance Company(pty:3pd), Attorney Samuel Milton Rosamond, III added to party Fireman's Fund Insurance Company(pty:dft), Attorney Samuel Milton Rosamond, III added to party Fireman's Fund Insurance Company of Ohio(pty:3pd), Attorney Samuel Milton Rosamond, III added to party Fireman's Fund Insurance Company of Ohio(pty:dft), Attorney Samuel Milton Rosamond, III added to party National Surety Company(pty:3pd), Attorney Samuel Milton Rosamond, III added to party National Surety Corporation(pty:3pd), Attorney Samuel Milton Rosamond, III added to party National Surety Corporation(pty:dft), Attorney Samuel Milton Rosamond, III added to party National Surety Corporation(pty:3pd).(Rosamond, Samuel)
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Filing 2456
Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 5/18/2021. Negotiations were productive but unfortunately no resolution of Plaintiffs' claims could be achieved at this time. Further negotiations will proceed telephonically. (Reference: 13-5227)(jls)
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Filing 2454
Response/Reply by Dianne Sanchez to #2449 Status Conference Memorandum in Support of Motion for Class Certification (Attachments: #1 Exhibit)(Reference: 13-5227)(Centola, Lawrence)
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Filing 2453
ORDER The Court having been advised by counsel that certain claims from Civil Action 13-4952 have yet to be resolved, IT IS ORDERED that the order of dismissal entered on April 22, 2021 (Rec. Doc. 2447) is vacated. Signed by Judge Jay C. Zainey on 5/3/21.(Reference: 13-4952)(jrc)
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Filing 2452
EIGHTH SUPPLEMENTAL AND AMENDED THIRD PARTY COMPLAINT and CROSS-CLAIM filed by Texas Brine Company, LLC.(Reference: All Cases)(ajn) (Additional attachment(s) added on 7/12/2021: #1 Exhibit 1) (ajn).
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Filing 2451
ORDER Granting #2433 Motion to Lift Stay and for Leave to File Eighth Supplemental and Amended Third-Party Demand and Cross-Claim. IT IS FURTHER ORDERED that the deadline for the parties to file their motions to dismiss is extended such that the motions shall be timely filed under the Local Rules so as to allow submission to the Court no later than 6/23/2021. Signed by Judge Jay C. Zainey on 4/26/2021. (Reference: 13-5227)(ajn)
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Filing 2450
Minute Entry for proceedings held before Judge Jay C. Zainey. Status Conference held on 4/22/2021. The Court approved the parties' Joint Proposed Scheduling Order for Class Certification Hearing. The parties continue to work together to resolve the remaining Sanchez claims. The parties are optimistic that Magistrate Judge North can assist them in their efforts to conclude the Sanchez matter via a compromise. (Reference: 13-5227 Sanchez)(jrc)
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Filing 2449
SCHEDULING ORDER FOR CLASS CERTIFICATION HEARING. The parties agreed to a submission date of 6/9/21 for the re-urged Motion for Class Certification. Deadlines set herein. Signed by Judge Jay C. Zainey. (Reference: 13-5227 Sanchez)(jrc)
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Filing 2448
ORDER DISMISSING 13-5563. Signed by Judge Jay C. Zainey.(Reference: 13-5563 Daigle)(jrc)
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Filing 2447
ORDER DISMISSING 13-4952. Signed by Judge Jay C. Zainey.(Reference: 13-4952 Boudreaux)(jrc)
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Filing 2446
ORDER SCHEDULING SETTLEMENT CONFERENCE: Settlement Conference is hereby SCHEDULED, by telephone, for 5/18/2021 at 1:00 PM before Magistrate Judge Michael North. The settlement memorandum should also include a personal cell phone number of the lead attorney for the settlement conference. Signed by Magistrate Judge Michael North on 4/22/2021.(Reference: 13-5227)(jls)
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Filing 2445
REPLY to Response to Motion filed by Texas Brine Company, LLC re #2433 MOTION to Lift Stay MOTION for Leave to File Eighth Supplemental and Amended Third-Party Demand and Cross-Claim. (Reference: 13-5227)(caa)
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Filing 2444
ORDER that Texas Brines #2442 Motion for Leave to File is GRANTED and that the Texas Brines Reply is hereby filed into the record of this matter. Signed by Judge Jay C. Zainey on 4/15/2021. (Reference: 13-5227)(caa) Modified on 4/15/2021 (caa).
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Filing 2443
Minute Entry for proceedings held before Judge Jay C. Zainey. Status Conference held on 4/15/2021. As to the Boudreaux and Daigle actions, the remaining claims pertain to business losses; they were not part of the LeBlanc class. Counsel are optimistic that an amicable resolution of the remaining claims is imminent. The status of the remaining claims from the Boudreaux and Daigle actions will be reported at the follow-up telephone conference scheduled for April 22, 2021, in the Sanchez matter. (Reference: 13-4952, 13-5563)(jrc)
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Filing 2442
EXPARTE/CONSENT MOTION for Leave to File REPLY BRIEF IN SUPPORT OF MOTION TO LIFT STAY AND MOTION FOR LEAVE TO FILE EIGHTH SUPPLEMENTAL AND AMENDED THIRD-PARTY DEMAND AND CROSS-CLAIM by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5227)(Garner, James)
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Filing 2441
RESPONSE/MEMORANDUM in Opposition filed by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.(solely in its capacity as an alleged insurer of Occidental Chemical Corporation, Occidental Petroleum Corporation, and/or Oxy USA, Inc.) re #2433 MOTION to Lift Stay MOTION for Leave to File Eighth Supplemental and Amended Third-Party Demand and Cross-Claim or, Alternative, Request for Extension to Re-File Rule 12 Motions. (Reference: 13-5227)(Johnson, Mary)
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Filing 2440
RESPONSE/MEMORANDUM in Opposition filed by American Guarantee & Liability Insurance Co, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company re #2433 MOTION to Lift Stay MOTION for Leave to File Eighth Supplemental and Amended Third-Party Demand and Cross-Claim . (Reference: 13-5227)(Mercer, Glen)
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Filing 2439
ORDER granting #2437 Motion for Extension of Sixty Day Period for the Enforcement of Compromise and the Court's Retention of Jurisdiction. Signed by Judge Jay C. Zainey. (Reference: 13-5045)(jrc)
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Filing 2438
ORDER Status Conference by telephone reset for 4/22/2021 10:30 AM before Judge Jay C. Zainey. Deadline for proposed case management order extended to 4/21/21 12:00 PM. Signed by Judge Jay C. Zainey on 3/23/21.(Reference: 13-5227)(jrc)
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Filing 2437
EXPARTE/CONSENT Joint MOTION Extension of Sixty Day Period for the Enforcement of Compromise and the Court's Retention of Jurisdiction by Grand Bayou Management, LLC, Robert Sunshine, L.L.C., Roland J. Robert Distributor, Inc., Super Stop Enterprises, Inc.. (Attachments: #1 Proposed Order Granting Joint Motion for Extension of Sixty Day Period for the Enforcement of Compromise and the Court's Retention of Jurisdiction)(Reference: 13-5045)(Gildersleeve, Thomas)
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Filing 2436
USCA JUDGMENT issued as mandate on 3/23/2021 as to #2251 Notice of Appeal filed by Texas Brine Company, LLC. IT IS ORDERED and ADJUDGED that the appeal is DISMISSED. IT IS FURTHER ORDERED that appellant pay to appellees the cost on appeal to be taxed by the Clerk of this Court. USCA Judge names: Barksdale, Southwick and Graves. (Attachments: #1 Opinion, #2 Transmittal Letter)(Reference: 13-5227)(ajn)
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Filing 2435
Minute Entry for proceedings held before Judge Jay C. Zainey: The Court held a Telephone Status Conference on 3/11/2021. IT IS ORDERED that a follow-up Status Conference with the Court is set for Thursday, 3/25/2021 at 10:30 a.m. BY TELEPHONE. The Court will provide the call in information to counsel prior to the conference. IT IS FURTHER ORDERED that by 12:00 noon on Wednesday, 3/24/2021, counsel for the parties shall submit to the Court a proposed Case Management Order as set forth in document. (Reference: 13-5227)(ajn)
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Filing 2434
ORDER Status Conference by telephone set for 4/15/2021 10:30 AM before Judge Jay C. Zainey to discuss the status of the remaining claims from the Boudreaux and Daigle actions. Signed by Judge Jay C. Zainey.(Reference: 13-4952, 13-5563)(jrc)
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Filing 2433
MOTION to Lift Stay , MOTION for Leave to File Eighth Supplemental and Amended Third-Party Demand and Cross-Claim by Texas Brine Company, LLC(13-5016). Motion(s) will be submitted on 4/14/2021. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Notice of Submission)(Reference: 12-2059)(Garner, James)
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Filing 2432
Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 1/26/2021. As a result of follow-up discussions among the Court and the parties, a settlement agreement was reached in the above matter. (NEF: Sect A) (Reference: 13-5045)(caa)
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Filing 2431
ORDER OF DISMISSAL as to 13-5045. Signed by Judge Jay C. Zainey.(Reference: 13-5045 Grand Bayou Management)(jrc)
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Filing 2430
Minute Entry for proceedings held before Judge Jay C. Zainey. Status Conference held on 1/19/2021. Follow-up Status Conference by telephone set for 2/3/2021 10:45 AM before Judge Jay C. Zainey. (Reference: 13-5045 Grand Bayou Mgmt)(jrc)
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Filing 2429
Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 1/12/2021. Negotiations were productive but unfortunately no resolution of Plaintiffs claims could be achieved at this time. Further negotiations will proceed telephonically. (Reference: 13-5045)(caa)
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Filing 2428
ORDER RECONVENING SETTLEMENT CONFERENCE : The settlement conference in the matter will be reconvened on 1/12/2021 at 10:00 a.m. before Magistrate Judge Michael B. North. The parties are referred to the Courts original order scheduling the settlement conference in this matter #2333 for requirements regarding the content of and submission date for their updated confidential settlement position papers. The settlement memorandum should also include a personal cell phone number of the lead attorney for the settlement conference. Signed by Magistrate Judge Michael North on 12/21/2020.(Reference: 13-5045)(caa)
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Filing 2426
ORDER Granting #2425 Motion to Substitute Attorney. Added attorney Tiffany T. Kopfinger for Chubb Custom Insurance Company. Attorney Nancy B. Gilbert terminated. Signed by Judge Jay C. Zainey on 12/17/2020. (Reference: 12-2246; 12-2354; 12:2363; 12-2611; 13-4952; 13-5016; 13-5045; 13-5227; 13-5408; 13-5563; 13-5549; 13-5793)(ajn)
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Filing 2427
Minute Entry for proceedings held before Judge Jay C. Zainey. Status Conference held on 12/16/2020. Bench Trial reset as Status Conference set for 1/19/2021 10:15 AM before Judge Jay C. Zainey. (Reference: 13-5045 Grand Bayou Management)(jrc)
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Filing 2425
EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Tiffany T. Kopfinger to be substituted in place of Nancy B. Gilbert by Chubb Custom Insurance Company. (Attachments: #1 Proposed Order)(Reference: 12-2246; 12-2354; 12:2363; 12-2611; 13-4952; 13-5016; 13-5045; 13-5227; 13-5408; 13-5563; 13-5549; 13-5793)(Wolff, John)
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Filing 2424
Minute Entry for proceedings held before Judge Jay C. Zainey: Status Conference held on 12/3/2020. A follow-up status conference with the Court BY TELEPHONE is set for Thursday, March 11, 2021, at 11:00 a.m. The Court will provide the call in information to counsel via email. (Reference: 13-5227)(cg)
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Filing 2423
ORDER: IT IS ORDERED that the pretrial conference scheduled for 12/16/2020, at 11:00 a.m. shall proceed as a status conference BY TELEPHONE. The Court will email the call in information to counsel for Grand Bayou Management and Texas Brine prior to the conference. Signed by Judge Jay C. Zainey on 12/2/2020.(Reference: 13-5045)(jls)
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Filing 2422
ORDER ADOPTING #2393 REPORT AND RECOMMENDATION filed by the Special Master. IT IS ORDERED that the Court adopts the Special Master's Recommendation as to the disbursement of the balance remaining in the Leblanc Class Cost Reserve (less administrative costs), the cypres award, and the distribution of the balance of the common benefit attorney fee award. Signed by Judge Jay C. Zainey on 11/23/2020.(Reference: All Cases)(ajn)
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Filing 2421
ORDER AND REASONS: IT IS ORDERED that #2379 Motion for Partial Summary Judgment Regarding Texas Brine's Fraud and Misrepresentation Claims is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that #2386 Motion to Stay Consideration of Motion for Partial Summary Judgment Regarding Texas Brine's Fraud and Misrepresentation Claims, or Alternatively, Motion to Abstain is DENIED AS MOOT as set forth in document. Signed by Judge Jay C. Zainey on 11/23/2020. (Reference: All Cases)(ajn)
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Filing 2420
ORDER Denying #2388 Motion to Exclude Expert Opinion of David Lakvold. Signed by Judge Jay C. Zainey on 11/23/2020. (Reference: 13-5045)(ajn)
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Filing 2419
ORDER granting #2417 Joint MOTION Waiver of Jury Trial and Request for Bench Trial. Bench Trial set for 1/19/2021 10:00 AM before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey.(Reference: 13-5045 Grand Bayou Mgmt)(jrc)
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Filing 2418
ORDER Status Conference reset from 11/19/20 to 12/3/2020 11:00 AM by telephone before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey on 11/17/20.(Reference: 13-5227)(jrc)
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Filing 2417
EXPARTE/CONSENT Joint MOTION Waiver of Jury Trial and Request for Bench Trial by Grand Bayou Management, LLC, Robert Sunshine, L.L.C., Roland J. Robert Distributor, Inc., Super Stop Enterprises, Inc., Texas Brine Company, LLC. (Attachments: #1 Proposed Order)(Reference: 13-5045)(Gildersleeve, Thomas)
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Filing 2416
SUR-REPLY Memorandum filed by Texas Brine Company, LLC, in Opposition of #2379 MOTION for Partial Summary Judgment re Fraud and Misrepresentation Claims by TBC. (Reference: All Cases)(ajn)
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Filing 2415
REPLY/MEMORANDUM in Support filed by Texas Brine Company, LLC re #2388 MOTION to Exclude Expert Opinion of David Lakvold. (Reference: 13-5045)(ajn)
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Filing 2414
REPLY/MEMORANDUM in Support filed by Texas Brine Company, LLC re #2386 MOTION to Stay re #2379 MOTION for Partial Summary Judgment re Fraud and Misrepresentation Claims by TBC. (Reference: All Cases)(ajn)
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Filing 2413
ORDER Granting #2410 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 11/12/2020. (Reference: All Cases)(ajn)
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Filing 2412
ORDER Granting #2409 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 11/12/2020. (Reference: 13-5045)(ajn)
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Filing 2411
ORDER Granting #2408 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 11/12/2020. (Reference: All Cases)(ajn)
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Filing 2410
EXPARTE/CONSENT MOTION for Leave to File Sur-Reply in Opposition to Vulcan's Motion for Partial Summary Judgment Regarding Fraud and Misrepresentation Claims by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 12-2059)(Garner, James)
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Filing 2409
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Daubert Motion to Exclude Expert Opinion of David Lakvold by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5045)(Garner, James)
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Filing 2408
EXPARTE/CONSENT MOTION for Leave to File Reply Brief in Support of Motion to Stay Consideration of Motion for Partial Summary Judgment Regarding Fraud and Misrepresentation Claims or, Alternatively, Motion to Abstain by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 12-2059)(Garner, James)
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Filing 2407
REPLY to Response to Motion filed by Legacy Vulcan, LLC re #2379 MOTION for Partial Summary Judgment re Fraud and Misrepresentation Claims by TBC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Reference: All Cases)(ajn)
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Filing 2406
ORDER Granting #2404 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 11/10/2020. (Reference: All Cases)(ajn)
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Filing 2405
Correction of Docket Entry by Clerk re #2403 Response/Memorandum in Support of Motion and #2404 MOTION for Leave to File Reply in Further Support of R. Doc. 2379. ***Filing attorney filed rec. doc. #2403 in error. Should have been filed as a Motion for Leave to File. It was corrected at rec. doc. #2404. Also the referral was removed at #2404, this motion will be decided by the District Judge. No further action is necessary.*** (Reference: All Cases)(ajn)
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Filing 2404
EXPARTE/CONSENT MOTION for Leave to File to File Reply in Further Support of R. Doc. 2379 Motion for Partial Summary Judgment Regarding Fraud and Misrepresentation by Legacy Vulcan, LLC. (Attachments: #1 Proposed Pleading Reply, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order)(Reference: All Cases)(Lambert, Kent) Modified text on 11/10/2020 to remove referral (ajn).
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Filing 2403
***FILED IN ERROR-CORRECTED AT #2404-ATTACHED TO MOTION*** RESPONSE/MEMORANDUM in Support filed by Legacy Vulcan, LLC re #2379 MOTION for Partial Summary Judgment re Fraud and Misrepresentation Claims by TBC . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Reference: All cases)(Lambert, Kent) Modified on 11/10/2020 (ajn).
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Filing 2402
ORDER granting #2397 Motion for Extension of Deadlines to submit expert report of Mike Truax. Signed by Judge Jay C. Zainey. (Reference: 13-5045)(jrc)
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Filing 2401
NOTICE regarding oral argument on #2379 MOTION for Partial Summary Judgment re Fraud and Misrepresentation Claims by TBC. By Clerk.(Reference: 12-2059)(jrc)
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Filing 2400
Request/Statement of Oral Argument by Texas Brine Company, LLC(13-5016) regarding #2379 MOTION for Partial Summary Judgment re Fraud and Misrepresentation Claims by TBC . (Reference: 12-2059)(Garner, James)
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Filing 2399
RESPONSE/MEMORANDUM in Opposition filed by Texas Brine Company, LLC(13-5016) re #2379 MOTION for Partial Summary Judgment re Fraud and Misrepresentation Claims by TBC . (Attachments: #1 Statement of Contested/Uncontested Facts, #2 Exhibit A, #3 Exhibit B, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29)(Reference: 12-2059)(Garner, James)
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Filing 2398
RESPONSE/MEMORANDUM in Opposition filed by Grand Bayou Management, LLC, Robert Sunshine, L.L.C., Roland J. Robert Distributor, Inc., Super Stop Enterprises, Inc. re #2388 MOTION to Exclude Expert Opinion of David Lakvold . (Attachments: #1 Exhibit 1, #2 Exhibit 2 (Part 1 of 3), #3 Exhibit 2 (Part 2 of 3, #4 Exhibit 2 (Part 3 of 3))(Reference: 13-5045)(Gildersleeve, Thomas)
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Filing 2397
EXPARTE/CONSENT MOTION for Extension of Deadlines of Texas Brine's Expert Report for Mike Truax by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order)(Reference: 13-5045)(Garner, James)
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Filing 2396
ORDER Objections to #2393 R&R regarding the recommended distribution of the remaining LeBlanc class cost reserve funds, including the cy pres award, and the recommended distribution of the remaining common benefit attorney fee award, shall be filed no later than Friday, November 20, 2020. Those individuals who wish to object but do not have access to file electronically, must submit their objections in writing to United States District Judge Jay C. Zainey, 500 Poydras Street, Rm. C-455, New Orleans, Louisiana, 70130. Written objections mailed to the Court must be received by November 20, 2020. Signed by Judge Jay C. Zainey.(Reference: 12-2059)(jrc)
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Filing 2395
ORDER granting #2392 Motion for Extension of Deadlines. Signed by Judge Jay C. Zainey on 11/2/20. (Reference: 13-5045)(jrc)
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Filing 2394
RESPONSE/MEMORANDUM in Opposition filed by Legacy Vulcan, LLC re #2386 MOTION to Stay re #2379 MOTION for Partial Summary Judgment re Fraud and Misrepresentation Claims by TBC . (Attachments: #1 Exhibit A, #2 Exhibit B)(Reference: 2386)(Lambert, Kent)
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Filing 2393
REPORT AND RECOMMENDATION NO. 10 by Alton Shelby Easterly (Attachments: #1 Exhibit Exhibit B)(Reference: All Cases)(Easterly, A.) Modified txt. on 11/2/2020 (ajn).
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Filing 2392
EXPARTE/CONSENT MOTION for Extension of Deadlines Expert Reports Deadline by Texas Brine, L.L.C.. (Attachments: #1 Proposed Order)(Reference: PERTAINS TO 13-5045)(Garner, James)
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Filing 2391
NOTICE regarding oral argument on #2388 MOTION to Exclude Expert Opinion of David Lakvold. By Clerk.(Reference: 13-5045)(jrc)
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Filing 2390
NOTICE regarding oral argument on #2386 MOTION to Stay re #2379 MOTION for Partial Summary Judgment re Fraud and Misrepresentation Claims by TBC . By Clerk.(Reference: all cases)(jrc)
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Filing 2389
Request/Statement of Oral Argument by Texas Brine Company, LLC(13-5016) regarding #2388 MOTION to Exclude Expert Opinion of David Lakvold . (Reference: 13-5045)(Garner, James)
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Filing 2388
MOTION to Exclude Expert Opinion of David Lakvold by Texas Brine Company, LLC(13-5016). Motion(s) will be submitted on 11/11/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Notice of Submission)(Reference: 13-5045)(Garner, James)
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Filing 2387
Request/Statement of Oral Argument by Texas Brine Company, LLC(13-5016) regarding #2386 MOTION to Stay re #2379 MOTION for Partial Summary Judgment re Fraud and Misrepresentation Claims by TBC . (Reference: 12-2059)(Garner, James)
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Filing 2386
MOTION to Stay re #2379 MOTION for Partial Summary Judgment re Fraud and Misrepresentation Claims by TBC by Texas Brine Company, LLC. Motion(s) will be submitted on 11/11/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Notice of Submission)(Reference: 12-2059)(Garner, James)
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Filing 2385
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Status Conference is set for 11/19/2020 11:00 AM BY TELEPHONE before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey on 10/22/2020.(Reference: 13-5227 Sanchez-White Castle and Payne)(ajn)
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Filing 2384
Minute Entry for proceedings held before Judge Jay C. Zainey: Telephone Conference held on 10/20/2020. (Reference: All cases)(cg)
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Filing 2383
ORDER Granting #2381 MOTION to Continue Submission Date of Legacy Vulcan's Motion for Partial Summary Judgment regarding Fraud and Misrepresentation Claims and the submission date for #2379 Motion for Partial Summary Judgment regarding Fraud and Misrepresentation Claims is re-set for 11/11/2020. Signed by Judge Jay C. Zainey on 10/15/2020.(Reference: All Cases)(ajn)
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Filing 2382
ORDER Granting #2380 Motion to Enroll as Additional Counsel of Record, Attorney Darnell Bludworth for Texas Brine Company, LLC. Signed by Judge Jay C. Zainey on 10/15/2020. (Reference: All Cases)(ajn)
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Filing 2381
EXPARTE/CONSENT MOTION to Continue Submission Date of Legacy Vulcan's Motion for Partial Summary Judgment regarding Fraud and Misrepresentation Claims by Texas Brine Company, LLC. (Attachments: #1 Proposed Order)(Reference: 12-2059)(Garner, James)
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Filing 2380
EXPARTE/CONSENT MOTION to Enroll as Additional Counsel of Record Darnell Bludworth by Texas Brine Company, LLC. (Attachments: #1 Proposed Order)(Reference: 12-2059)(Garner, James) Modified txt on 10/15/2020 (ajn).
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Filing 2379
MOTION for Partial Summary Judgment re Fraud and Misrepresentation Claims by TBC by Legacy Vulcan, LLC. Motion(s) will be submitted on 10/28/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Statement of Contested/Uncontested Facts, #16 Notice of Submission)(Reference: 12-2059)(Lambert, Kent)
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Filing 2378
ORDER Granting #2377 Motion for Extension of Deadlines and the 6/12/2020 Minute Entry [Rec. Doc. 2330] is modified and amended as set out document. IT IS FURTHER ORDERED that all other deadlines in the 6/12/2020 Minute Entry [Rec. Doc. 2330] shall remain the same. Signed by Judge Jay C. Zainey on 9/22/2020. (Reference: 13-5045)(ajn)
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Filing 2377
EXPARTE/CONSENT MOTION for Extension of Deadlines regarding Expert Reports and Expert Depositions by Texas Brine Company, LLC. (Attachments: #1 Proposed Order)(Reference: 13-5045)(Garner, James)
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Filing 2376
ORDER: IT IS ORDERED that #2357 MOTION for Appeal of and Objections to Magistrate Judge's Order on Motion to Compel Insurance and Financial Information is DENIED. IT IS FURTHER ORDERED that #2358 Motion to Abstain and/or Stay Claims is DENIED as set forth in document. Signed by Judge Jay C. Zainey on 8/27/2020. (Reference: All Cases)(ajn)
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Filing 2375
Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 8/27/2020. Negotiations were productive but unfortunately no resolution of Plaintiff's claims could be achieved at this time. Further negotiations will proceed telephonically. (Reference: 13-5045) (dw)
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Filing 2374
Proposed Findings of Fact & Conclusions of Law by Texas Brine Company, LLC. (Attachments: #1 Exhibit 1)(Reference: 13-5227)(Garner, James)
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Filing 2373
Proposed Findings of Fact & Conclusions of Law by Leah Payne. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Reference: 13-5227)(Centola, Lawrence)
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Filing 2372
REPLY/MEMORANDUM in Support filed by Texas Brine Company, LLC re #2357 MOTION for APPEAL/REVIEW OF MAGISTRATE JUDGE DECISION to District Court re #2349 Order on Motion to Compel . (Reference: All Cases)(ajn)
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Filing 2371
ORDER Granting #2368 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 8/20/2020. (Reference: All Cases)(ajn)
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Filing 2370
REPLY/MEMORANDUM in Support filed by Texas Brine Company, LLC re #2358 MOTION to Abstain and/or Stay Claims Between Legacy Vulcan, Occidental Chemical and Texas Brine in Federal Court . (Attachments: #1 Exhibit A)(Reference: All Cases)(ajn)
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Filing 2369
ORDER Granting #2367 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 8/20/2020. (Reference: All Cases)(ajn)
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Filing 2368
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Appeal of and Objections to Magistrate Judge 's July 16, 2020 Order on Motion to Compel Insurance and Financial Information by Texas Brine Company, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 12-2059)(Garner, James)
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Filing 2367
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Abstain and/or Stay Claims Between Legacy Vulcan, Occidental Chemical and Texas Brine in Federal Court by Texas Brine Company, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit A)(Reference: 12-2059)(Garner, James)
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Filing 2366
RULING ON OBJECTIONS TO EVIDENCE. Signed by Judge Jay C. Zainey on 8/13/2020.(Reference: 13-5227)(ajn)
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Filing 2365
ORDER Granting #2362 Motion to Seal Exhibit. Signed by Judge Jay C. Zainey on 8/12/2020. (Reference: All Cases)(ajn)
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Filing 2364
RESPONSE/MEMORANDUM in Opposition filed by Legacy Vulcan, LLC re #2357 MOTION for APPEAL/REVIEW OF MAGISTRATE JUDGE DECISION to District Court re #2349 Order on Motion to Compel . (Reference: All Cases)(Zuckerman, Adam)
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Filing 2363
RESPONSE/MEMORANDUM in Opposition filed by Legacy Vulcan, LLC re #2358 MOTION to Abstain and/or Stay Claims Between Legacy Vulcan, Occidental Chemical and Texas Brine in Federal Court . (Attachments: #1 Exhibit A(1), #2 Exhibit A(2), #3 Exhibit A(3), #4 Exhibit A(4), #5 Exhibit A(5), #6 Exhibit B(1), #7 Exhibit B(2), #8 Exhibit C(1), #9 Exhibit C(2), #10 Exhibit D, #11 Exhibit E, #12 Exhibit F, #13 Exhibit G)(Reference: All Cases)(Zuckerman, Adam)
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Filing 2362
EXPARTE/CONSENT MOTION to Seal Exhibit 1 to #2361 by Occidental Chemical Company. (Attachments: #1 Proposed Order)(Reference: 12-2059)Attorney Laura Kissel Cassidy added to party Occidental Chemical Company(pty:condft).(Cassidy, Laura)
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Filing 2361
RESPONSE/MEMORANDUM in Opposition filed by Occidental Chemical Company re #2358 MOTION to Abstain and/or Stay Claims Between Legacy Vulcan, Occidental Chemical and Texas Brine in Federal Court . (Attachments: #1 Notice of Manual Attachment)(Reference: 12-2059)(Cassidy, Laura) (Additional attachment(s) added on 8/13/2020: #2 SEALED Exhibit 1, #3 SEALED Transmit Letter) (ajn).
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Filing 2360
ORDER Granting #2359 Motion to Dismiss,with prejudice and with each party to bear their own costs and expenses. Signed by Judge Jay C. Zainey on 8/10/2020. (Reference: 13-5549)(ajn)
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Filing 2359
EXPARTE/CONSENT MOTION to Dismiss With Prejudice by Eloise D. Brown, Harley C. Brown, Elaine H. Dupre, Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order)(Reference: 13-5549)(Garner, James)
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Filing 2358
MOTION to Abstain and/or Stay Claims Between Legacy Vulcan, Occidental Chemical and Texas Brine in Federal Court by Texas Brine Company, LLC. Motion(s) will be submitted on 8/19/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit 1-6, #3 Exhibit 7-12, #4 Exhibit 13-14, #5 Exhibit 15-40, #6 Notice of Submission)(Reference: 12-2059)(Garner, James)
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Filing 2357
MOTION for APPEAL/REVIEW OF MAGISTRATE JUDGE DECISION to District Court re #2349 Order on Motion to Compel by Texas Brine Company, LLC. Motion(s) will be submitted on 8/19/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit 1-7, #3 Exhibit 8-10, #4 Notice of Submission)(Reference: 12-2059)(Garner, James)
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Filing 2356
Response/Reply by Dianne Sanchez Plaintiffs' Response to Texas Brine's Evidentiary Objections (Reference: 13-5227)(Centola, Lawrence)
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Filing 2354
ORDER RESCHEDULING SETTLEMENT CONFERENCE for 8/27/2020 at 10:00 AM before Magistrate Judge Michael North. The parties are referred to the Court's original order scheduling the settlement conference in this matter (rec. doc. #2333 ) for requirements regarding the content of and submission date for their confidential settlement position papers. The settlement memorandum should also include a personal cell phone number of the lead attorney for the settlement conference. Signed by Magistrate Judge Michael North on 7/24/2020. (Reference: 13-5045)(dw)
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Filing 2353
OBJECTIONS by Texas Brine, L.L.C. re #2348 MOTION for Leave to File Plaintiffs' List of Testimony To Be Used At Payne/White Castle Trial (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Reference: 13-5227)(Garner, James)
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Filing 2352
Electronic Record on Appeal Access Granted to Lawrence J. Centola, III re #2251 Notice of Appeal. USCA Case Number 20-30208. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (Reference: 12-2059)(as)
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Filing 2351
REPLY to Response to Motion filed by Legacy Vulcan, LLC re #2331 MOTION to Compel Insurance and Financial Information from Texas Brine Company, LLC. (Attachments: #1 Exhibits)(Reference: all cases)(mp)
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Filing 2350
ORDER granting #2342 Motion for Leave to File Reply. Signed by Magistrate Judge Michael North on July 15, 2020. (Reference: all cases)(mp)
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Filing 2349
ORDER granting #2331 Motion to Compel Insurance and Financial Information. Signed by Magistrate Judge Michael North on July 15, 2020. (Reference: all cases)(mp)
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Filing 2348
Plaintiffs' List of Testimony To Be Used At Payne/White Castle Trial by Dianne Sanchez. (Reference: 13-5227)(Centola, Lawrence) Modified text and terminated motion event selected in error on 7/16/2020 (ajn).
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Filing 2347
Memorandum by Texas Brine Company, LLC(13-5016) Designations of July 9, 2020 Deposition of Michael Truax (Attachments: #1 Exhibit)(Reference: 13-5227)(Garner, James)
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Filing 2346
Memorandum by Texas Brine Company, LLC(13-5016) Designations of July 9, 2020 Deposition of Andrew Marshall (Attachments: #1 Exhibit)(Reference: 13-5227)(Garner, James)
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Filing 2345
Memorandum by Texas Brine Company, LLC(13-5016) Designations of Trial Testimony of Andrew Marshall and Michael Truax from Saizon Trial (Attachments: #1 Exhibit)(Reference: 13-5227)(Garner, James)
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Filing 2344
Memorandum by Texas Brine Company, LLC(13-5016) Designations of May 20, 2020 Deposition of Ian Marsac (Attachments: #1 Exhibit)(Reference: 13-5227)(Garner, James)
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Filing 2343
Memorandum by Texas Brine Company, LLC(13-5016) Designations of May 18, 2020 Deposition of Leah Payne (Attachments: #1 Exhibit)(Reference: 13-5227)(Garner, James)
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Filing 2342
EXPARTE/CONSENT MOTION for Leave to File Reply in Further Support of Motion to Compel Insurance and Financial Information from TBC by Legacy Vulcan, LLC. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order, #2 Proposed Pleading Reply Brief, #3 Exhibit s "1-8" to Reply Brief)(Reference: This Pleadings Relates to All Cases)(Juneau, Matthew)
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Filing 2341
SEALED ORDER: Denying Texas Brine's #2315 Motion to Lift Stay for Limited Purpose. (Reference: 13-5227)(ajn)
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Filing 2340
ORDER granting #2339 Motion to Seal. Signed by Magistrate Judge Michael North on 7/10/2020. (Reference: ALL CASES)(caa)
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Filing 2339
EXPARTE/CONSENT MOTION to Seal Exhibits 1, 3, 4 to Opposition to Motion to Compel Insurance and Financial Information by Texas Brine Company, LLC. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Reference: 12-2059)(Garner, James)
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Filing 2338
RESPONSE/MEMORANDUM in Opposition filed by Texas Brine Company, LLC re #2331 MOTION to Compel Insurance and Financial Information from Texas Brine Company, LLC . (Attachments: # 1 Exhibit 1-9)(Reference: 12-2059)(Garner, James) (Additional attachment(s) added on 7/13/2020: #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9) (caa).
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Filing 2337
ORDER: ORDERED that all deadlines pertaining to Texas Brine's coverage demand against Great American are stayed pending the damages verdict in the jury trial scheduled for 01/19/2021. That jury trial will not include coverage. Signed by Judge Jay C. Zainey on 06/25/2020.(Reference: 13-5045)(ko)
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Filing 2336
ORDER GRANTING #2334 MOTION to Continue Hearing Date on Vulcan's Motion to Compel Insurance and Financial Information from Texas Brine. #2331 MOTION to Compel Insurance and Financial Information from Texas Brine Company, LLC will be submitted on 7/15/2020. Signed by Magistrate Judge Michael North on 6/24/2020. (Reference: All Cases) (dw)
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Filing 2335
ORDER CANCELLING ORAL ARGUMENT - Oral argument on Vulcan's Motion to Compel (rec. doc. #2331 ) set for July 1, 2020 is hereby cancelled; the matter will be decided on the briefs. Signed by Magistrate Judge Michael North on 6/24/2020.(Reference: All Cases) (dw)
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Filing 2334
EXPARTE/CONSENT MOTION to Continue Hearing Date on Vulcan's Motion to Compel Insurance and Financial Information from Texas Brine by Texas Brine Company, LLC. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Reference: 12-2059)(Garner, James)
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Filing 2333
ORDER SCHEDULING SETTLEMENT CONFERENCE for 8/10/2020 at 10:00 AM, by telephone, before Magistrate Judge Michael North. (See Order for additional information.) Signed by Magistrate Judge Michael North on 6/17/2020. (Reference: 13-5045) (dw)
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Filing 2332
Request/Statement of Oral Argument by Legacy Vulcan, LLC regarding #2331 MOTION to Compel Insurance and Financial Information from Texas Brine Company, LLC (Reference: Applies to All Cases)(Juneau, Matthew)
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Filing 2331
MOTION to Compel Insurance and Financial Information from Texas Brine Company, LLC by Legacy Vulcan LLC. Motion(s) referred to Michael North. Motion(s) will be submitted on 7/1/2020. (Attachments: #1 Notice of Submission, #2 Memorandum in Support, #3 Exhibit "1", #4 Exhibit "2", #5 Exhibit "3", #6 Exhibit "4", #7 Exhibit "5")(Reference: Applies to All Cases).(Juneau, Matthew) Modified text on 6/16/2020 (dw).
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Filing 2330
Minute Entry for proceedings held before Judge Jay C. Zainey: A Telephone Status Conference was held on 6/12/2020. The Court set the conference for the purpose of scheduling this matter for trial. The parties anticipate trying this case to a jury on the issue of damages only. IT IS ORDERED that a 2 day Jury Trial is set for Tuesday, 1/19/2021 at 8:30 AM. IT IS FURTHER ORDERED that a Pretrial Conference is set for Wednesday, 12/16/2020 at 11:00 AM before Judge Jay C. Zainey. This conference will take place in chambers. Counsel shall prepare in accordance with the attached Section A pretrial notice. Deadlines are set forth herein. (Attachments: #1 Pretrial Notice Form) (Reference: 13-5045)(ajn)
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Filing 2329
Minute Entry for proceedings held before Judge Jay C. Zainey: A Status Conference by Telephone was held on 6/12/2020. (Reference: 13-5227)(ajn)
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Filing 2328
JOINT TRIAL PLAN OUTLINE. Signed by Judge Jay C. Zainey on 6/12/2020.(Reference: 13-5227)(ajn)
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Filing 2327
SEALED REPLY BRIEF in Support of #2315 MOTION to Lift Stay. (Attachments: #1 SEALED Exhibits) (Reference: 13-5227)(ajn)
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Filing 2326
ORDER Granting #2324 Motion to Seal Reply. Signed by Judge Jay C. Zainey on 6/10/2020. (Reference: 13-5227)(ajn)
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Filing 2325
ORDER Granting #2323 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 6/10/2020. (Reference: 13-5227)(ajn)
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Filing 2324
EXPARTE/CONSENT MOTION to Seal Reply Brief in Support of Motion to Lift Stay for Limited Purpose by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Reference: 13-5227)(Garner, James)
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Filing 2323
EXPARTE/CONSENT MOTION for Leave to File Reply Brief in Support of Motion to Lift Stay for Limited Purpose by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order, #2 Proposed Pleading (Sealed))(Reference: 13-5227)(Garner, James)
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Filing 2322
SEALED OPPOSITION to Texas Brine Company, LLC #2315 Motion to Lift Stay. (Reference: 13-5227)(ajn)
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Filing 2321
ORDER Granting #2320 Motion to Seal Document. Signed by Judge Jay C. Zainey on 6/3/2020. (Reference: 13-5227)(ajn)
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Filing 2320
EXPARTE/CONSENT MOTION to Seal Document #2315 Sealed Document, Opposition to Texas Brine's Motion to Lift Stay for Limited Purpose to Pursue AIG for Wrongful Termination of its Defense Obligations by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Notice of Manual Attachment)(Reference: 13-5227)(Johnson, Mary)
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Filing 2319
ORDER Status Conference as to Grand Bayou Management's claim is reset from 6/10/20 to 6/11/2020 1:30 PM by phone before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey on 5/28/20.(Reference: 13-5045)(jrc)
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Filing 2318
Minute Entry for proceedings held before Judge Jay C. Zainey. Status Conference held on 5/28/2020. Bench trial set 6/10/20 cancelled. Status Conference set for 6/11/2020 2:00 PM by phone before Judge Jay C. Zainey. (Reference: 13-5227)(jrc) (Main Document 2318 replaced on 6/1/2020) (jrc).
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Filing 2317
Witness List by Texas Brine Company, LLC. (Reference: 13-5227)(Garner, James)
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Filing 2316
USCA MEMORANDUM to Counsel (Attachments: #1 USCA Order) (Reference: 12-2059, 13-5227)(ajn)
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Filing 2315
SEALED MOTION to Lift Stay For Limited Purpose To Pursue AIG For Wrongful Termination Of It's Defense Obligations. Motion(s) will be submitted on 6/10/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2) (Reference: 13-5227)(ajn) (Additional attachment(s) added on 5/14/2020: #4 Notice of Submission (Civil Only)) (ajn).
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Filing 2314
ORDER Granting #2313 Motion to Seal the Motion to Lift Stay for Limited Purpose to Pursue AIG for Wrongful Termination of its Defense Obligations. Signed by Judge Jay C. Zainey on 5/14/2020. (Reference: 13-5227)(ajn)
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Filing 2313
MOTION to Seal , MOTION to Lift Stay for Limited Purpose to Pursue AIG for Wrongful Termination of its Defense Obligations by Texas Brine Company, LLC. Motion(s) will be submitted on 6/10/2020. (Attachments: #1 Proposed Order, #2 Proposed Pleading Sealed, #3 Memorandum in Support Sealed, #4 Notice of Manual Attachment, #5 Notice of Submission)(Reference: 13-5227)(Garner, James)
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Filing 2312
USCA MEMORANDUM to Counsel (Attachments: #1 USCA Order)(Reference: 12-2059, 13-5227)(ajn)
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Filing 2311
ORDER: In light of the Sealed Order at Rec. Doc. 2310; IT IS ORDERED that the following motions are Dismissed without prejudice to be refiled anew within 30 days of entry of the court of appeal's mandate issued in conjunction with Texas Brine's appeal: 2299 2300 2301 2302 2303. Signed by Judge Jay C. Zainey on 5/6/2020.(Reference: 13-5227)(ajn)
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Filing 2310
SEALED ORDER AND REASONS: GRANTING #2275 Motion to Stay Proceedings. Texas Brine's claims against the Movants are stayed pending the resolution of Texas Brine's appeal by the Fifth Circuit. This ruling pertains only to the claims asserted in the Amended Third-Party Demand and Cross-Claim and does not stay any other aspect of the consolidated cases. (Reference: 13-5227)(ajn)
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Filing 2309
ORDER re #2262 Show Cause Order; IT IS ORDERED that all claims asserted in this individual action are hereby dismissed. Signed by Judge Jay C. Zainey on 5/4/20.(Reference: 13-6412)(jrc)
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Filing 2308
ORDER re #2261 Show Cause Order; IT IS ORDERED that all claims asserted in this individual action are hereby dismissed. Signed by Judge Jay C. Zainey on 5/4/20.(Reference: 13-6026)(jrc)
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Filing 2307
ORDER re #2259 Show Cause Order; IT IS ORDERED that all claims asserted in this individual action are hereby dismissed. Signed by Judge Jay C. Zainey on 5/4/20.(Reference: 13-5408)(jrc)
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Filing 2306
ORDER re #2258 Show Cause Order; IT IS ORDERED that all claims asserted in this individual action are hereby dismissed. Signed by Judge Jay C. Zainey on 5/4/20.(Reference: 13-5038)(jrc)
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Filing 2305
ORDER re #2256 Order; IT IS ORDERED that all claims asserted in this individual action are hereby dismissed. Signed by Judge Jay C. Zainey on 5/4/20.(Reference: 12-2363)(jrc)
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Filing 2304
ORDER No objection having been filed in response to the Court's March 27, 2020 show cause order (Rec. Doc. 2255),IT IS ORDERED that all claims asserted in this individual action are hereby dismissed. Signed by Judge Jay C. Zainey on 5/4/20.(Reference: 12-2246)(jrc)
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Filing 2303
MOTION to Dismiss for Failure to State a Claim by Insurance Company of the State of Pennsylvania, Lexington Insurance Company. Motion(s) will be submitted on 5/27/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Reference: 13-5227)(Johnson, Mary)
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Filing 2302
EXPARTE/CONSENT MOTION to Seal Document #2301 MOTION to Dismiss for Failure to State a Claim by AIG Specialty Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. (Attachments: #1 Notice of Manual Attachment, #2 Proposed Order, #3 Proposed Pleading)(Reference: 13-5227)(Johnson, Mary)
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Filing 2301
MOTION to Dismiss for Failure to State a Claim by AIG Specialty Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. Motion(s) will be submitted on 5/27/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Reference: 13-5227)(Johnson, Mary)
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Filing 2300
EXPARTE/CONSENT MOTION to Seal Document #2299 MOTION to Dismiss for Failure to State a Claim by American Guarantee & Liability Insurance Co, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company, Zurich Insurance Company. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Notice of Manual Attachment)(Reference: 13-5227)(Mercer, Glen)
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Filing 2299
MOTION to Dismiss for Failure to State a Claim by American Guarantee & Liability Insurance Co, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company, Zurich Insurance Company. Motion(s) will be submitted on 5/27/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Reference: 13-5227)(Mercer, Glen)
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Filing 2298
ORDER Granting #2292 Motion to Withdraw as Attorney. Attorney Daniel Centner terminated. Signed by Judge Jay C. Zainey on 5/1/2020. (Reference: All Cases)(ajn)
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Filing 2297
SEALED SUR-REPLY in Opposition to #2275 Motion to Stay Proceedings by Texas Brine Company, LLC. (Attachments: #1 Exhibit) (Reference: 13-5227)(ajn)
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Filing 2296
ORDER Granting #2291 Motion for Leave to File Sur-Reply and to File Under Seal. Signed by Judge Jay C. Zainey on 4/30/2020. (Reference: 13-5227)(ajn)
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Filing 2295
Letter to the Court from Texas Brine, LLC, re: #2280 Minute Entry, dated 4/30/2020. (Reference: 12-2059, 13-5227)(ajn)
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Filing 2294
ORDER Granting #2287 Motion for Joinder re #2275 Motion to Stay. Signed by Judge Jay C. Zainey on 4/29/2020. (Reference: 13-5227)(ajn)
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Filing 2293
Final Witness List by Dianne Sanchez. (Reference: 13-5227)(Honeycutt, David)
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Filing 2292
EXPARTE/CONSENT MOTION to Withdraw Daniel B. Centner as Attorney by St. Paul Fire & Marine Insurance Company. (Attachments: #1 Proposed Order)(Reference: 12-2246, 12-2354, 12-2363, 12-26511, 13-4952, 13-5016, 13-5045, 13-5227, 13-5804, 13-5563, 13-5549, 13-7793)(Schmeeckle, Seth)
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Filing 2291
EXPARTE/CONSENT MOTION for Leave to File , MOTION to Seal Sur-Reply in Opposition to Motion to Stay Proceedings by Texas Brine Company, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Notice of Manual Attachment)(Reference: 13-5227)(Garner, James)
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Filing 2290
SEALED REPLY MEMORANDUM in Support re #2275 MOTION to Stay Proceedings by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Insurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. (Reference: 13-5227)(ajn)
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Filing 2289
ORDER Granting #2288 Motion for Leave to File Reply Under Seal. Signed by Judge Jay C. Zainey on 4/29/2020. (Reference: 13-5227)(ajn)
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Filing 2288
EXPARTE/CONSENT MOTION for Leave to File Reply, MOTION to Seal Document Reply in Support of Motion to Stay Proceedings by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Notice of Manual Attachment)(Reference: 13-5227)(Johnson, Mary)
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Filing 2287
EXPARTE/CONSENT MOTION for Joinder re #2275 Motion to Stay, by American Guarantee & Liability Insurance Co, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company, Zurich Insurance Company. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Mercer, Glen) Modified text on 4/29/2020 to link documents (ajn).
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Filing 2286
USCA ORDER (Attachments: #1 Memorandum to Counsel)(Reference: 12-2059, 13-5227)(ajn)
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Filing 2285
Electronic Record on Appeal Access Granted to attorneys on record re #2251 Notice of Appeal. USCA Case Number 20-30208. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (Reference: 13-5227)(as)
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Filing 2284
SEALED Texas Brine Company, LLC's Opposition to #2275 Motion to Stay Proceedings. (Attachments: #1 Sealed Exhibit A, #2 Sealed Exhibit B) (Reference: 13-5227)(ajn)
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Filing 2283
ORDER Granting #2281 Motion to Seal Opposition to AIG's #2275 Motion to Stay Proceedings. Signed by Judge Jay C. Zainey on 4/22/2020. (Reference: 13-5227)(ajn)
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Filing 2282
ADDENDUM TO #2280 April 15, 2020 Minute Entry: The attorneys set forth in document participated in the 04/15/2020 telephone conference. Signed by Judge Jay C. Zainey.(Reference: 13-5227)(ko)
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Filing 2281
EXPARTE/CONSENT MOTION to Seal Opposition to AIG's Motion to Stay Proceedings by Texas Brine Company, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5227)(Garner, James)
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Filing 2279
ORDER SETTING STATUS CONFERENCE: IT IS ORDERED that a Status Conference is set for Wednesday, 6/10/2020 at 9:30 a.m IN CHAMBERS for the purpose of scheduling a jury trial on Grand Bayou Management's claim against Texas Brine. Signed by Judge Jay C. Zainey on 4/15/2020.(Reference: 13-5045)(ajn)
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Filing 2278
ORDER granting #2276 Motion to Seal Document. Signed by Judge Jay C. Zainey on 4/15/2020. (Reference: 13-5227)(ajn)
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Filing 2280
Minute Entry for proceedings held before Judge Jay C. Zainey: A follow-up Status Conference by telephone was held on 4/15/2020. Parties shall comply as set forth herein. Deadlines are set. IT IS ORDERED that a (1) day NON-JURY Bellwether Damages Trial is set for Wednesday, 6/10/2020 at 10:00 AM before Judge Jay C. Zainey. (Reference: 13-5227)(ajn) (Additional attachment(s) added on 4/22/2020: #1 Addendum) (ko).
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Filing 2277
Correction of Docket Entry by Clerk re #2276 MOTION to Seal Document #2275 MOTION to Stay Memorandum in Support. *** Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action.*** (Reference: 13-5227)(ajn)
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Filing 2276
EXPARTE/CONSENT MOTION to Seal Document #2275 MOTION to Stay Memorandum in Support by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa. (Attachments: #1 Proposed Pleading, #2 Proposed Order, #3 Notice of Manual Attachment)(Reference: 13-5227)(Johnson, Mary) Modified text on 4/15/2020 to remove referral (ajn).
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Filing 2275
MOTION to Stay by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. Motion(s) will be submitted on 4/29/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Reference: 13-5227)(Johnson, Mary) (Additional attachment(s) added on 4/16/2020: #3 SEALED Memorandum in Support) (ajn).
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Filing 2274
ORDER for appellants to produce trial exhibits to Clerk in electronic form. Signed by Judge Jay C. Zainey. (Attachments: #1 Trial exhibit list)(Reference: 13-5227)(jrc)
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Filing 2273
ORDER granting #2270 Motion for Extension of Time to Answer. Signed by Judge Jay C. Zainey on 4/3/20. (Reference: 13-5227)(jrc)
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Filing 2272
TRANSCRIPT of Settlement Fairness and Motion hearings held on September 19l, 2019 before Judge Jay C. Zainey. Court Reporter/Recorder Alexis Vice, Telephone number 504-589-7777. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 7/2/2020. (Reference: 13-5227)(rsg)
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Filing 2271
ORDER Granting #2269 Motion for Extension of Time to File Responsive Pleading of 21 days, up to and including 5/4/2020, to Texas Brine's 3/17/2020 Amended and Supplemental Third-Party Demand and Cross-Claim (R. Doc. 2265). Signed by Judge Jay C. Zainey on 4/2/2020. (Reference: 13-5227)(ajn)
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Filing 2270
EXPARTE/CONSENT MOTION for Extension of Time to Answer re #2265 Sealed Document,, by American Guarantee & Liability Insurance Co, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company, Zurich Insurance Company. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Mercer, Glen)
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Filing 2269
EXPARTE/CONSENT MOTION for Extension of Time to Answer re #2265 Sealed Document,, to Texas Brine Company, LLCs March 17, 2020 Amended and Supplemental Bad Faith and Penalties Third-Party Demand and Cross-Claim by National Union Fire Insurance Company of Pittsburgh, Pa.. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Johnson, Mary)
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Filing 2268
OBJECTIONS by Automotive Remodeling, Clint A. Dupre, Laser Construction, Town & Country Mini Storage re #2257 Order (Reference: 13-4952)(Marcelle, Brian)
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Filing 2267
OBJECTIONS by Tee's Silkscreening re #2257 Order (Reference: 13-4952)(Marcelle, Brian)
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Filing 2266
USCA Case Number 20-30208 appealed to USCA 5th Circuit for #2251 Notice of Appeal filed by Texas Brine Company, LLC. (Reference: 12-2059, 13-5227)(ajn)
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Filing 2265
SEALED March 17, 2020 Amended and Supplemental Bad Faith and Penalties Third-Party Demand and Cross-Claim Against National Union Fire Insurance Company of Pittsburgh, Pa., AIG Specialty Insurance Company, Lexington Insurance Company, the Insurance Company of the State of Pennsylvania, Zurich Insurance Company, Zurich American Insurance Company, Steadfast Insurance Company, and American Guarantee & Liability Insurance Company by Texas Brine Company, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Reference: 13-5227)(dw)
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Filing 2264
ORDER GRANTING #2253 Texas Brine's Motion for Leave to File March 17, 2020 Amended and Supplemental Third-Party Demand and Cross-Claim. Because the proposed March 17, 2020 pleading does not refer to and incorporate by reference the earlier pleading of February 26, 2020, the newer version supersedes the earlier one and renders it of no effect. The Defendants, therefore, need only respond to the newest (March 17, 2020) pleading. Signed by Magistrate Judge Michael North on 3/30/2020. (Reference: 13-5227)(dw)
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Filing 2263
ORDER that the status conference scheduled for Wednesday, April 15, 2020, at 10:45 a.m. shall proceed BY TELEPHONE. The call in number is 877-336-1280; access code 2321992. IT IS FURTHER ORDERED that the status conference shall pertain to the claim of Peggy Saizon only. The status conference will not include the claim of Grand Bayou Management. The Court will schedule a status conference for the purpose of setting deadlines and a trial date for Grand Bayou Management's claim after normal operations have resumed. Signed by Judge Jay C. Zainey.(Reference: 13-5045 GBM, 13-5227 Sanchez,)(jrc)
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Filing 2262
ORDER the Court will enter an order dismissing Civil Action 13-6412 unless an objection is filed into the record no later than April 30, 2020. Signed by Judge Jay C. Zainey.(Reference: 13-6412)(jrc)
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Filing 2261
ORDER the Court will enter an order dismissing Civil Action 13-6026 unless an objection is filed into the record no later than April 30, 2020. Signed by Judge Jay C. Zainey.(Reference: 13-6026 Kannon)(jrc)
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Filing 2260
ORDER the Court will enter an order dismissing Civil Action 13-5563 unless an objection is filed into the record no later than April 30, 2020. Signed by Judge Jay C. Zainey.(Reference: 13-5563 Daigle)(jrc)
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Filing 2259
ORDER the Court will enter an order dismissing Civil Action 13-5408 unless an objection is filed into the record no later than April 30, 2020. Signed by Judge Jay C. Zainey.(Reference: 13-5408 Alberado)(jrc)
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Filing 2258
ORDER the Court will enter an order dismissing Civil Action 13-5038 unless an objection is filed into the record no later than April 30, 2020. Signed by Judge Jay C. Zainey.(Reference: 13-5038 Ruiz)(jrc)
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Filing 2257
ORDER the Court will enter an order dismissing Civil Action 13-4952 unless an objection is filed into the record no later than April 30, 2020. Signed by Judge Jay C. Zainey.(Reference: 13-4952 Boudreaux)(jrc)
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Filing 2256
ORDER the Court will enter an order dismissing Civil Action 12-2363 unless an objection is filed into the record no later than April 30, 2020. Signed by Judge Jay C. Zainey.(Reference: 12-2363 Alleman)(jrc)
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Filing 2255
ORDER the Court will enter an order dismissing Civil Action 12-2246 unless an objection is filed into the record no later than April 30, 2020. Signed by Judge Jay C. Zainey.(Reference: 12-2246 Cedotal)(jrc)
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Filing 2254
RESPONSE/MEMORANDUM in Opposition filed by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa. re #2253 MOTION for Leave to File March 17, 2020 Amended and Supplemental Third-Party Demand and Cross-Claim. (Reference: 13-5227)(Johnson, Mary)
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Filing 2253
SEALED Motion for Leave to File March 17, 2020 Amended and Supplemental Third-Party Demand and Cross-Claim Against National Union Fire Insurance Company of Pittsburgh, Pa., AIG Specialty Insurance Company, Lexington Insurance Company, the Insurance Company of the State of Pennsylvania, Zurich Insurance Company, Zurich American Insurance Company, Steadfast Insurance Company, and American Guarantee & Liability Insurance Company by Texas Brine Company, LLC. Motion referred to Michael North. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading, #3 Proposed Pleading Ex A, #4 Proposed Pleading Ex B, #5 Proposed Pleading Ex C, #6 Proposed Pleading Ex D, #7 Proposed Pleading Ex E, #8 Proposed Pleading Ex F) (Reference: 13-5227)(dw) Modified text/ referral on 3/27/2020 (dw).
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Filing 2252
ORDER GRANTING #2250 Motion to Seal Motion for Leave to File March 17, 2020 Amended and Supplemental Third-Party Demand filed by Texas Brine Company, LLC. Signed by Magistrate Judge Michael North on 3/23/2020. (Reference: 13-5227)(dw)
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Filing 2251
NOTICE OF APPEAL by Texas Brine Company, LLC. (Filing fee $ 505, receipt number ALAEDC-8226398.) (Reference: 13-5227)(Garner, James)
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Filing 2250
EXPARTE/CONSENT MOTION to Seal Motion for Leave to File March 17, 2020 Amended and Supplemental Third-Party Demand and Cross-Claim Against National Union Fire Insurance Company of Pittsburgh, Pa., AIG Specialty Insurance Company, Lexington Insurance Company, the Insurance Company of the State of Pennsylvania, Zurich Insurance Company, Zurich American Insurance Company, Steadfast Insurance Company, and American Guarantee & Liability Insurance Company by Texas Brine Company, LLC. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Proposed Pleading, #4 Exhibit A-F (SEALED), #5 Notice of Submission, #6 Notice of Manual Attachment)(Reference: 13-5227)(Garner, James)
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Filing 2249
SEALED Amended and Supplemental Third-Party and Demand and Cross-Claim against National Union Fire Insurance Company of Pittsburgh, PA, AIG Specialty Insurance Company, Lexington Insurance Company, the Insurance Company for the State of Pennsylvania, Zurich American Insurance Company, Zurich American Insurance Company, Steadfast Insurance Company and American Guarantee & Liability Insurance Company by Texas Brine Company, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Reference: 13-5227)(dw)
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Filing 2248
ORDER GRANTING #2236 Texas Brine's Third Re-Urged Motion for Leave to File Amended and Supplemental Third-Party Demand and Cross-Claim. In light of this ruling, the hearing scheduled for March 18, 2020 at 11:00 a.m. is hereby cancelled. Signed by Magistrate Judge Michael North on 3/13/2020. (Reference: 13-5227)(dw)
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Filing 2247
ORDER dismissing civil action 12-2354. Signed by Judge Jay C. Zainey on 3/11/20.(Reference: 12-2354)(jrc)
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Filing 2246
SEALED Response/ Memorandum in Opposition to #2236 THIRD RE-URGED MOTION for Leave to File Amended, and Supplemental Third-Party and Demand and Cross-Claim against National Union Fire Insurance Company of Pittsburgh, PA, AIG Specialty Insurance Company, Lexington Insurance Company, the Insurance Company for the State of Pennsylvania, Zurich American Insurance Company, Steadfast Insurance Company and American Guarantee & Liability Insurance Company by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa. (Reference: 13-5227)(dw)
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Filing 2245
ORDER GRANTING #2241 Motion to File Under Seal the Opposition of National Union Fire Insurance Company of Pittsburgh, Pa., AIG Specialty Insurance Company, The Insurance Company of the State of Pennsylvania, and Lexington Insurance Company to #2236 Texas Brine Company, LLC's Third Re-Urged Motion for Leave to File Amended and Supplemental Third-Party Demand and Cross Claim. Signed by Magistrate Judge Michael North on 3/11/2020. (Reference: 13-5227)(dw)
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Filing 2244
SEALED Response/ Memorandum in Opposition to #2236 THIRD RE-URGED MOTION for Leave to File Amended, and Supplemental Third-Party and Demand and Cross-Claim against National Union Fire Insurance Company of Pittsburgh, PA, AIG Specialty Insurance Company, Lexington Insurance Company, the Insurance Company for the State of Pennsylvania, Zurich American Insurance Company, Zurich American Insurance Company, Steadfast Insurance Company and American Guarantee & Liability Insurance Company by by American Guarantee & Liability Insurance Co, Steadfast Insurance Company, Steadfast Insurance Company, Zurich American Insurance Company, Zurich Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B) (Reference: 13-5227)(dw)
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Filing 2243
ORDER GRANTING #2239 Motion to File Under Seal Zurich American Insurance Company's Opposition to #2236 Texas Brine Company, LLC's Third Re-Urged Motion for Leave to File Amended and Supplemental Third-Party Demand and Cross-Claim. Signed by Magistrate Judge Michael North on 3/11/2020. (Reference: 13-5227)(dw)
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Filing 2242
ORDER that counsel for GBM shall attend the follow-up status conference that is currently set for Wednesday, April 15, 2020, at 10:45 a.m. (in the Saizon matter) so that a trial date can be selected. Counsel shall be prepared to report the status of the claims of each of the individual plaintiffs joined in Civil Action 13-5045 against Texas Brine. Signed by Judge Jay C. Zainey.(Reference: 13-5045)(jrc)
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Filing 2241
EXPARTE/CONSENT MOTION to Seal Document #2236 MOTION for Leave to File to Seal Opposition by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.(solely in its capacity as an alleged insurer of Occidental Chemical Corporation, Occidental Petroleum Corporation, and/or Oxy USA, Inc.). Motion(s) referred to Michael North. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment, #3 Proposed Pleading)(Reference: 13-5227)(Johnson, Mary)
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Filing 2240
USCA Case Number 20-90015 appealed to USCA 5th Circuit, Motion for Admission to Appeal by Texas Brine Company, LLC. (Reference: 12-2059, 13-5227)(ajn)
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Filing 2239
EXPARTE/CONSENT MOTION to Seal Document #2236 MOTION for Leave to File by American Guarantee & Liability Insurance Co, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company, Zurich Insurance Company. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Mercer, Glen)
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Filing 2238
ORDER OF DISMISSAL as to 13-5549 and 13-5793. FURTHER ORDERED that the pretrial conference and bench trial, scheduled for April 30, 2020 and May 20, 2020, respectively, are CANCELLED. Signed by Judge Jay C. Zainey on 3/6/20.(Reference: 13-5549, 13-5793)(jrc)
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Filing 2237
ORDER SETTING ORAL ARGUMENT on #2236 SEALED MOTION for Leave to File Amended and Supplemental Third-Party Demand and Cross-Claim for 3/18/2020 at 11:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North on 2/27/2020. (Reference: 13-5227)(dw)
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Filing 2236
SEALED THIRD RE-URGED MOTION for Leave to File Amended, and Supplemental Third-Party and Demand and Cross-Claim against National Union Fire Insurance Company of Pittsburgh, PA, AIG Specialty Insurance Company, Lexington Insurance Company, the Insurance Company for the State of Pennsylvania, Zurich American Insurance Company, Zurich American Insurance Company, Steadfast Insurance Company and American Guarantee & Liability Insurance Company by Texas Brine Company, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading, #3 Proposed Pleading Ex A, #4 Proposed Pleading Ex B, #5 Proposed Pleading Ex C, #6 Proposed Pleading Ex D, #7 Proposed Pleading Ex E) (Reference: 13-5227)(dw) Modified on 2/28/2020 (dw).
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Filing 2235
ORDER GRANTING #2232 Motion to Seal Third Re-Urged Motion for Leave to file Amended, and Supplemental Third-Party and Demand and Cross-Claim against National Union Fire Insurance Company of Pittsburgh, PA, AIG Specialty InsuranceCompany, Lexington Insurance Company, the Insurance Company for the State of Pennsylvania, Zurich American Insurance Company, Zurich American Insurance Company, Steadfast Insurance Company and American Guarantee & Liability Insurance Company. Signed by Magistrate Judge Michael North on 2/27/2020. (Reference: 13-5227)(dw)
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Filing 2234
Correction of Docket Entry by Clerk re #2233 MOTION for Leave to File Third Re-Urged Motion for Leave to File Amended and Supplemental Third-Party and Demand and Cross-Claim. ***Filing attorney should have attached this Motion for Leave, etc. to rec. doc. #2232 Motion to Seal. Cannot file a Motion with attachments with face sheets only. No further action is necessary*** (Reference: 13-5227)(ajn)
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Filing 2233
***FILED IN ERROR - SHOULD BE ATTACHED TO REC. DOC 2232*** MOTION for Leave to File Third Re-Urged Motion for Leave to File Amended and Supplemental Third-Party and Demand and Cross-Claim by Texas Brine Company, LLC. Motion(s) referred to Michael North. Motion(s) will be submitted on 3/18/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Notice of Manual Attachment)(Reference: 13-5227)(Garner, James) Modified on 2/27/2020 (ajn).
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Filing 2232
EXPARTE/CONSENT MOTION to Seal Third Re-Urged Motion for Leave to File Amended and Supplemental Third-Party and Demand and Cross-Claim by Texas Brine Company, LLC. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Garner, James)
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Filing 2231
Minute Entry for proceedings held before Judge Jay C. Zainey: A Status Conference was held on 2/20/2020 pertaining to the claim of Sanchez class member Peggy Saizon against Texas Brine. IT IS ORDERED that a follow-up Status Conference with the Court, Class Counsel, and Counsel for Texas Brine is set for Wednesday, 4/15/2020 at 10:45 a.m. in Chambers before Judge Jay C. Zainey. (Reference: 13-5227)(ajn)
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Filing 2230
FINAL ORDER AND JUDGMENT regarding approval of class settlement (Sanchez). Signed by Judge Jay C. Zainey.(Reference: 13-5227)(jrc)
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Filing 2229
Letter to the Court from Zurich American Insurance Company, Steadfast Insurance Company and American Guarantee & Liability Insurance Company dated 2/10/2020. (Reference: 12-2059, 13-5227)(ajn)
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Filing 2228
Letter to the Court from National Union Fire Insurance Company of Pittsburgh, PA and AIG Specialty Insurance Company dated 2/7/2020. (Reference: 12-2059, 13-5227)(ajn)
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Filing 2227
Witness List by Elaine H. Dupre CORRECTED (Reference: 13-5449)(Brown, Harley) Modified text on 2/10/2020 (ajn).
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Filing 2226
Witness List by Elaine H. Dupre Will Call (Reference: 13-5449)(Brown, Harley) Modified text on 2/7/2020 (ajn).
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Filing 2225
Witness List by Texas Brine Company, LLC. (Reference: 13-5449, 13-5793)(Garner, James)
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Filing 2224
Witness List by Dennis P. Landry, Inc. Will Call (Reference: 13-5793)(Marchand, Sidney) Modified text on 2/7/2020 (ajn).
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Filing 2223
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Status Conference set for 2/20/2020 10:45 AM before Judge Jay C. Zainey.. Signed by Judge Jay C. Zainey(Reference: 13-5227 Saizon)(jrc)
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Filing 2222
Letter to the Court re: Mental Health Expert as to Elaine Dupre, dated 1/24/2020. (Reference: 13-5549)(ajn)
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Filing 2221
Minute Order. Proceedings held 1/23/20 before Judge Jay C. Zainey. #2212 Motion To Adopt CMO and #2213 Motion to Continue, Extend Deadlines are granted in part and denied in part. Bench Trial reset for 5/20/2020 10:00 AM before Judge Jay C. Zainey. Final Pretrial Conference reset for 4/30/2020 10:30 AM before Judge Jay C. Zainey. Deadlines set herein. (Reference: 13-5549, 13-5793)(jrc)
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Filing 2220
Proposed Findings of Fact & Conclusions of Law by Texas Brine Company, LLC. (Reference: 13-5227)(Garner, James)
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Filing 2219
Proposed Findings of Fact & Conclusions of Law by Dianne Sanchez. (Reference: 13-5227)(Centola, Lawrence)
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Filing 2218
REPLY MEMORANDUM in Support filed by Texas Brine Company, LLC re #2212 MOTION to Adopt Case Management Order . (Reference: 13-5449, 13-5793)(ajn)
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Filing 2217
ORDER Granting #2214 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 1/8/2020. (Reference: 13-5449, 13-5793)(ajn)
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Filing 2216
ORDER SETTING STATUS CONFERENCE: IT IS ORDERED that counsel for Texas Brine, Dennis Landry, Inc., and Elaine Dupre appear for a Status Conference, with the Court on Thursday, 1/23/2020 at 10:15 AM to discuss issues raised in #2212 Motion for Adoption of Case Management Order and #2213 Motion to Reset Trial Schedule and Trial Date and Cutoffs. This status conference will take place in Chambers. Signed by Judge Jay C. Zainey on 1/7/2020.(Reference: 13-5549, 13-5793)(ajn)
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Filing 2215
RESPONSE/MEMORANDUM in Opposition filed by Texas Brine Company, LLC re #2213 MOTION to Continue MOTION for Extension of Deadlines MOTION for Extension of Time to Complete Discovery . (Reference: 13-5449, 13-5793)(Garner, James)
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Filing 2214
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion for Adoption of a Case Management Order by Texas Brine Company, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5449, 13-5793)(Garner, James)
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Filing 2213
MOTION to Reset Trial Schedule and Trial Date and Cutoffs by Elaine H. Dupre. Motion(s) will be submitted on 1/22/2020. (Reference: 13-5449, 13-5793)(Brown, Harley) Modified text to motion title on 1/6/2020, removed referral to the Magistrate Judge and separated documents filed as one (ajn). (Main Document 2213 replaced on 1/6/2020) (ajn). (Additional attachment(s) added on 1/6/2020: #1 Notice of Submission (Civil Only), #2 Proposed Order) (ajn).
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Filing 2212
MOTION to adopt case management order by Texas Brine, L.L.C. Motion(s) will be submitted on 1/8/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Notice of Submission)(Reference: all cases)(Garner, James) Modified to remove duplicate text on 12/23/2019 (ajn).
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Filing 2211
TRANSCRIPT of Bench Trial, Day 2 held on December 4, 2019 before Judge Jay C. Zainey. Court Reporter/Recorder Alexis Vice, Telephone number 504-589-7777. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 3/16/2020. (Reference: 13-5227)(rsg)
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Filing 2210
TRANSCRIPT of Bench Trial,Day 1 held on December 3, 2019 before Judge Jay C. Zainey. Court Reporter/Recorder Alexis Vice, Telephone number 504-589-7777. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 3/16/2020. (Reference: 13-5227)(rsg)
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Filing 2209
Trial Exhibit List from bench trial held 12/3/19 to 12/4/19. (Reference: 13-5227 Saizon)(jrc)
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Filing 2208
Minute Entry for proceedings held before Judge Jay C. Zainey. Bench Trial completed on 12/4/2019. Witnessed testified, exhibits admitted. Matter taken under advisement. Proposed FFCL due 1/10/20. (Court Reporter Alexis Vice.) (Reference: 13-5227 Saizon)(jrc)
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Filing 2207
Minute Entry for proceedings held before Judge Jay C. Zainey. Bench Trial begun on 12/3/2019. Witnesses testified, exhibits admitted. Trial resumes 12/4/19 9:30 AM. (Court Reporter Alexis Vice.) (Reference: 13-5227 Saizon)(jrc)
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Filing 2206
ORDER denying #2205 Objections to improper opinion testimony of Andrew Marshall. Signed by Judge Jay C. Zainey.(Reference: 13-5227 Saizon)(jrc)
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Filing 2205
OBJECTIONS by Texas Brine Company, LLC to Improper Opinion Testimony of Plaintiff's Witness, Andrew Marshall (Attachments: #1 Exhibit 1)(Reference: 13-5227)(Garner, James)
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Filing 2204
ORDER Bench Trial 12/3/2019 is reset for 10:00 AM Courtroom C351 before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey.(Reference: 13-5227 Saizon)(jrc)
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Filing 2203
UPDATED PRETRIAL ORDER. Signed by Judge Jay C. Zainey.(Reference: 13-5227 Saizon)(jrc)
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Filing 2202
ORDER denying #2188 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court. Signed by Judge Jay C. Zainey. (Reference: all cases)(jrc)
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Filing 2201
Proposed Pretrial Order by Texas Brine Company, LLC (Reference: 13-5227)(Garner, James)
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Filing 2200
PRETRIAL MEMORANDUM by Texas Brine Company, LLC. (Reference: 13-5227)(Garner, James)
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Filing 2199
PRETRIAL MEMORANDUM by Dianne Sanchez. (Reference: 13-5227)(Centola, Lawrence)
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Filing 2198
USCA ORDER as to #2184 Notice of Appeal. Under 5TH CIR. R. 42.3, the appeal is dismissed as of November 21, 2019, for want of prosecution. The appellant failed to timely order the transcript and make financial arrangements with the court reporter. (Attachments: #1 Transmittal Letter)(Reference: 13-5227)(ajn)
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Filing 2197
Letters to the Court re: CAFA Notices, dated 11/14/2019. (Reference: 13-5227)(ajn)
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Filing 2196
Minute Entry for proceedings held before Judge Jay C. Zainey. Final Pretrial Conference held on 11/14/2019. (Reference: 13-5227 Saizon)(jrc)
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Filing 2195
RESPONSE/MEMORANDUM in Opposition filed by Legacy Vulcan, LLC re #2188 MOTION for APPEAL/REVIEW OF MAGISTRATE JUDGE DECISION to District Court re #2178 Order on Motion to Quash SDTs to HETI and Vertex. (Reference: 12-2059)(Lambert, Kent)
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Filing 2194
Proposed Pretrial Order by Texas Brine Company, LLC (Reference: 13-5227)(Garner, James)
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Filing 2193
USCA ORDER. USCA Judge Names: Elrod, Haynes and Duncan. (Attachments: #1 Transmittal Letter)(ajn)
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Filing 2192
ORDER Granting #2190 Motion to Enroll as Additional Counsel of Record, Attorney's Leopoldo J. Yanez and Lauren Brink Adams for Legacy Vulcan, LLC. Signed by Judge Jay C. Zainey on 11/5/2019. (Reference: All Cases)(ajn)
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Filing 2191
ORDER removing attorney Ashton Devan Pardue. Signed by Judge Jay C. Zainey on 11/4/19.(Reference: 12-2059, 12-2363)(jrc)
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Filing 2190
EXPARTE/CONSENT MOTION to Enroll as Counsel of Record [L. Yanez and L. Adams] by Legacy Vulcan, LLC. (Attachments: #1 Proposed Order)(Reference: ALL)(Cheatwood, Roy)
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Filing 2189
Correction of Docket Entry by Clerk re 2186 USCA Case Number for #2184 Notice of Appeal. ***A notice was re-sent regarding the USCA case number for #2184 Notice of Appeal. The case number has been corrected for this appeal. The USCA case number is 19-30878.*** (Reference: 13-5227)(ajn)
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Filing 2188
MOTION for APPEAL/REVIEW OF MAGISTRATE JUDGE DECISION to District Court re #2178 Order on Motion to Quash by Texas Brine Company, LLC. Motion(s) will be submitted on 11/27/2019. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Reference: 13-5227)(Garner, James)
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Filing 2187
Minute Entry for proceedings held before Judge Jay C. Zainey: The Court held a Status Conference in the consolidated cases on 10/24/2019. Bellwether plaintiff Peggy Saizon's Bench Trial is set for Tuesday, 12/3/2019 at 9:30 AM before Judge Jay C. Zainey. Final Pretrial Conference set for Thursday, 11/14/2019 at 10:45 AM before Judge Jay C. Zainey. Elaine Dupre and Dennis Landry, Inc. Bench Trial is set for Wednesday, 4/15/2020 at 9:30 AM before Judge Jay C. Zainey. Final Pretrial Conference set for Tuesday, 3/31/2020 at 10:30 AM before Judge Jay C. Zainey. Deadlines are set forth herein. (Attachments: #1 Attendance Record) (Reference: All Cases)(ajn)
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Filing 2186
USCA Case Number 19-30878 appealed to USCA 5th Circuit for #2184 Notice of Appeal filed by Texas Brine Company, LLC. (Reference: 13-5227)(ajn) Modified case number on 11/1/2019 (ajn).
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Filing 2185
ORDER Granting #2182 Motion to Withdraw as Attorney. Attorney Carey Austin Holliday terminated. Signed by Judge Jay C. Zainey on 10/23/2019. (Reference: All Cases)(ajn)
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Filing 2184
NOTICE OF APPEAL by Texas Brine Company, LLC as to #2173 ORDER AND REASONS. (Filing fee $ 505, receipt number 053L-7916525.) (Reference: 13-5227)(Garner, James) Modified text on 10/23/2019 (ajn).
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Filing 2183
ORDER granting #2180 Motion to Withdraw as Attorney Joseph B. Landry, Jr. as to PB Energy. Signed by Judge Jay C. Zainey. (Reference: 12-2059)(jrc)
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Filing 2182
EXPARTE/CONSENT MOTION to Withdraw C. Austin Holliday as Attorney by St. Paul Fire & Marine Insurance Company, Travelers Indemnity Company, Travelers Indemnity Company of Connecticut. (Attachments: #1 Proposed Order)(Reference: 12-2246,12-2354, 12-2363, 12-2611, 13-4952, 13-5016, 13-5045, 13-5227, 13-5804, 13-5563, 13-5549, 13-7793)(Schmeeckle, Seth)
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Filing 2181
ORDER granting #2179 Motion to Withdraw as Attorney. Attorney Daniel E. Becnel, Jr withdrawn. Signed by Judge Jay C. Zainey on 10/21/19. (Reference: 12-2059)(jrc)
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Filing 2180
EXPARTE/CONSENT MOTION to Withdraw Joseph B. Landry, Jr. as Attorney by PB Energy Storage Services, Inc.. (Attachments: #1 Proposed Order)(Reference: all cases)(Landry, Joseph)
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Filing 2179
EXPARTE/CONSENT MOTION to Withdraw Daniel E. Becnel, Jr. as Attorney by Lisa T. Leblanc. (Attachments: #1 Proposed Order)(Reference: 12-2059)(Christina, Salvadore)
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Filing 2178
ORDER AND REASONS denying #2124 Motion to Quash Subpoenas Duces Tecum. Signed by Magistrate Judge Michael North on 10/17/2019. (Reference: ALL CASES)(caa)
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Filing 2177
ORDER Granting #2174 Motion for Payment of Administrative Costs. Signed by Judge Jay C. Zainey on 10/15/2019. (Reference: 13-5227)(ajn)
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Filing 2176
RESPONSE/MEMORANDUM in Opposition filed by Legacy Vulcan, LLC re #2124 MOTION to Quash . (Attachments: #1 Exhibit A)(Reference: 12-2059)(Lambert, Kent)
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Filing 2175
ORDER: IT IS ORDERED that Ashton D. Pardue petition the court for re-admission, substitution or withdrawal of counsel on or before 10/31/2019, or show cause on that date by written memorandum why he should not be removed from this case. Signed by Judge Jay C. Zainey on 10/9/2019. (Reference: 12-2363)(ajn)
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Filing 2174
EXPARTE/CONSENT MOTION Payment of Administrative Costs by Dianne Sanchez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Reference: 13-5227)(Honeycutt, David)
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Filing 2173
ORDER AND REASONS: On 9/19/2019, the Court held a settlement fairness hearing related to the settlement reached between the Sanchez Plaintiffs and Zurich and the AIG insurance companies. IT IS ORDERED that Texas Brine's #2118 MOTION for Partial Summary Judgment that the "Sinkhole Occurrence" Triggered Zurich's 2011 Policy is DENIED as set out in document. IT IS FURTHER ORDERED that Texas Brine's objection to the settlement reached between the Sanchez Plaintiffs and Zurich and the AIG insurance companies is DENIED. Signed by Judge Jay C. Zainey on 10/7/2019.(Reference: 13-5227)(ajn)
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Filing 2172
Memorandum by Texas Brine Company, LLC re #2167 Motion Hearing,, (Attachments: #1 Exhibit 1-4)(Reference: 12-2059)(Garner, James)
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Filing 2170
TRANSCRIPT of Motion Hearing held on September 25, 2019 before Judge Michael B. North. Court Reporter/Recorder Sandra Minutillo, Telephone number 504-589-7781. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 12/30/2019. (Reference: All Cases)(rsg)
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Filing 2169
RESPONSE/MEMORANDUM in Support filed by Texas Brine Company, LLC re #2124 MOTION to Quash. (Attachments: #1 Exhibit 1 - 3)(Reference: 12-2059)(caa)
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Filing 2168
ORDER granting #2165 Motion for Leave to File Reply Memorandum. Signed by Magistrate Judge Michael North on 9/25/2019. (Reference: 12-2059)(caa)
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Filing 2167
Minute Entry for proceedings held before Magistrate Judge Michael North: Motion Hearing held on 9/25/2019 re #2124 MOTION to Quash filed by Texas Brine Company, LLC. Within 10 days, Texas Brine is to supplement its motion as stated herein. Vulcan may respond to Texas Brines supplemental submission within 10 days thereafter, following which the matter will be taken under advisement unless the Court believes that further oral argument on the matter would be beneficial. (Court Reporter Sandra Minutillo.) (Reference: ALL CASES)(caa)
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Filing 2166
ORDER granting #2162 Motion to Withdraw as Attorney. Attorney Craig Lewis Caesar terminated. Signed by Judge Jay C. Zainey on 9/23/19. (Reference: 12-2059)(ko)
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Filing 2165
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Quash Subpoenas Duces Tecum by Texas Brine Company, LLC. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit 1-3)(Reference: 12-2059)(Garner, James)
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Filing 2162
EXPARTE/CONSENT MOTION to Withdraw Craig L. Caesar as Attorney by Legacy Vulcan Corp., Legacy Vulcan, LLC. (Attachments: #1 Proposed Order)(Reference: 2:12-cv-02059).(Caesar, Craig) Modified text on 9/20/2019 (ajn).
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Filing 2161
ORDER granting #2157 Motion to Seal. Signed by Magistrate Judge Michael North on 9/19/2019. (Reference: ALL CASES)(caa)
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Filing 2171
Exhibits admitted during Fairness Hearing held 9/19/19 before Judge Zainey. NOTE: This document will be accessible only to the attorneys in the case. The general public will NOT be able to view this document. (Attachments: #1 Exh P1, #2 Exh P2, #3 Exh D24, #4 Exh D25, #5 Exh D26)(Reference: 13-5227)(jrc)
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Filing 2164
Minute Entry for proceedings held before Judge Jay C. Zainey: A Status Conference was held in the consolidated cases on 9/19/2019. The status conference followed the class settlement hearing in the Sanchez matter. The Court instructed Texas Brine to conduct a telephone conference with counsel for all of the foregoing parties and to report back to the Court in writing by 10/10/2019, as to what agreements, if any, the parties could reach as to trying the foregoing claims. A follow-up Status Conference is set for Thursday, 10/24/2019 at 10:45 AM before Judge Jay C. Zainey. Counsel are instructed to bring their trial calendars. (Reference: All Cases)(ajn)
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Filing 2163
Minute Entry for proceedings held before Judge Jay C. Zainey: A Settlement Fairness Hearing was held on 9/19/2019. (Attachments: #1 Attendance Record, #2 Exhibit List) (Reference: 13-5227)(ajn)
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Filing 2160
ORDER Adopting #2115 Report and Recommendation No. 6. IT IS ORDERED that the Court adopts the Special Master's Recommendation as to the allocation and disbursement of referral attorneys' fess and common benefit attorneys' fees. Signed by Judge Jay C. Zainey on 9/19/2019.(Reference: 13-5227)(ajn)
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Filing 2159
ORDER: The Court will, for the third and final time, deny #2142 Motion for Leave to File Second Re-Urged Motion for Leave to File Corrected Amended and Supplemental Third-Party Demand and Cross-Claim without prejudice to Texas Brines right to re-urge same following the conclusion of the settlement approval proceedings. If such a motion is filed again before the definitive conclusion of said proceedings, that motion will be denied and the filing of any future motions seeking to add these insurers as third-party defendants will be prohibited. Texas Brines request for expedited hearing #2143 is denied as moot. Signed by Magistrate Judge Michael North on 9/18/2019. (Reference: ALL CASES)(caa)
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Filing 2158
ORDER GRANTING #2141 Motion to Seal Document. Signed by Magistrate Judge Michael North on 9/17/2019. (Reference: 13-5227)(clc)
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Filing 2157
EXPARTE/CONSENT MOTION to Seal Exhibits 5 and 6 to Legacy Vulcan, LLC's Memorandum in Opposition to Texas Brine's Motion to Quash by Legacy Vulcan, LLC. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Reference: ALL CASES)(Lambert, Kent) Modified on 9/20/2019 (caa).
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Filing 2156
RESPONSE/MEMORANDUM in Opposition filed by Legacy Vulcan, LLC re #2124 MOTION to Quash . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Reference: 2124)(Lambert, Kent) (Attachment 5 replaced on 9/20/2019) (caa). (Attachment 6 replaced on 9/20/2019) (caa).
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Filing 2155
REPLY BRIEF in Support filed by Texas Brine Company, LLC re #2118 MOTION for Partial Summary Judgment. (Attachments: #1 Exhibit 1-2)(Reference: 13-5227)(ajn)
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Filing 2154
ORDER granting #2151 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 9/16/2019. (Reference: 13-5227)(ajn)
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Filing 2153
ORDER the Court will not allow Texas Brine to proffer live testimony in conjunction with its objection to the proposed class settlement. Signed by Judge Jay C. Zainey.(Reference: 13-5227)(jrc)
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Filing 2152
ORDER no additional memoranda/objections pertaining to the proposed settlement or to Texas Brines motion for partial summary judgment will be accepted for filing prior to the class action fairness hearing scheduled for Thursday, September 19, 2019, at 10:00 a.m. Signed by Judge Jay C. Zainey.(Reference: 13-5227)(jrc)
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Filing 2151
EXPARTE/CONSENT MOTION for Leave to File Reply Brief in Support of Motion for Partial Summary Judgment by Texas Brine Company, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit 1-2)(Reference: 13-5227)(Garner, James)
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Filing 2150
Response/Reply by Texas Brine Company, LLC to #2146 Objections, (Reference: 13-5227)(Garner, James)
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Filing 2149
RESPONSE to Motion filed by American Guarantee & Liability Insurance Co, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company re #2143 MOTION to Expedite Hearing on Second Re-Urged Motion for Leave to File Corrected Amended and Supplemental Third-Party Demand and Cross-Claim . (Reference: 13-5227)(Mercer, Glen)
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Filing 2148
RESPONSE/MEMORANDUM in Opposition filed by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa. re #2143 MOTION to Expedite Hearing on Second Re-Urged Motion for Leave to File Corrected Amended and Supplemental Third-Party Demand and Cross-Claim . (Reference: 13-5227)(Johnson, Mary)
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Filing 2147
ORDER Granting #2144 Motion to Dismiss. IT IS HEREBY ORDERED, ADJUDGED, ANDDECREED that all claims asserted by Third-Party Plaintiff, Texas Brine Company LLC against St. Paul Fire and Marine Insurance Company, in its capacity as an alleged insurer of Texas Brine, in the above-captioned matter be and hereby are DISMISSED WITH PREJUDICE, with each party to bear their own costs, with Texas Brine reserving all its claims against all other insurers and parties, both named and unnamed, including against St. Paul in its capacity as an allegedinsurer of any party other than Texas Brine. Signed by Judge Jay C. Zainey on 9/13/2019. (Reference: All Cases)(ajn)
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Filing 2146
OBJECTIONS by American Guarantee & Liability Insurance Co, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company to Texas Brine's Proffer of Live Testimony from Excluded Witnesses (Reference: 13-5227)(Mercer, Glen)
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Filing 2145
Memorandum by Dianne Sanchez Memorandum in Support of Motion for Final Certification of Settlement Class (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, #9 Exhibit 9, #10 Exhibit 10)(Reference: 13-5227)(Centola, Lawrence)
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Filing 2144
EXPARTE/CONSENT Joint MOTION to Dismiss Third Party Demand by St. Paul Fire & Marine Insurance Company. (Attachments: #1 Proposed Order)(Reference: 12-2246,12-2354, 12-2363, 12-2611, 13-4952, 13-5016, 13-5045, 13-5227, 13-5804, 13-5563, 13-5549, 13-7793)(Schmeeckle, Seth)
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Filing 2143
EXPARTE/CONSENT MOTION to Expedite Hearing on Second Re-Urged Motion for Leave to File Corrected Amended and Supplemental Third-Party Demand and Cross-Claim by Texas Brine Company, LLC. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Garner, James)
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Filing 2142
MOTION for Leave to File Second Re-Urged Motion for Leave to File Corrected Amended and Supplemental Third-Party Demand and Cross-Claim by Texas Brine Company, LLC. Motion(s) referred to Michael North. Motion(s) will be submitted on 10/2/2019. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Notice of Manual Attachment)(Reference: 13-5227)(Garner, James) (Additional attachment(s) added on 9/18/2019 per Rec. Doc. #2158: #4 Proposed Pleading -Motion, #5 Proposed Pleading - Memorandum in Support) (clc).
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Filing 2141
EXPARTE/CONSENT MOTION to Seal Its Second Re-Urged Motion for Leave to File Corrected Amended and Supplemental Third-Party Demand and Cross-Claim by Texas Brine Company, LLC. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Garner, James)
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Filing 2140
ORDER DENYING as Moot #2129 Motion to Continue and #2130 Motion to Expedite. Signed by Judge Jay C. Zainey on 9/11/2019. (Reference: 13-5227)(ajn)
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Filing 2139
ORDER Granting #2125 Motion to Exclude Texas Brine's Proposed Witnesses at the Fairness Hearing, insofar as these witnesses will not be allowed to testify at the fairness hearing. The Court is not persuaded that their testimony is necessary. IT IS FURTHER ORDERED that counsel for Texas Brine will be allowed to argue Texas Brine's opposition to the proposed settlement at the fairness hearing. Signed by Judge Jay C. Zainey on 9/10/2019. (Reference: 13-5227)(ajn)
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Filing 2138
RESPONSE/MEMORANDUM in Opposition filed by Texas Brine Company, LLC re #2125 MOTION to Exclude Texas Brine's Proposed Witnesses at the Hearing on Plaintiffs' Motion for Final Approval of Class Settlement . (Attachments: #1 Exhibit 1-2)(Reference: 13-5227)(Garner, James)
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Filing 2137
SUPPLEMENTAL MEMORANDUM in Support of Approval of Class Settlement and Response to Texas Brine's #2120 Supplemental Objection by American Guarantee & Liability Insurance Co, Steadfast Insurance Company and Zurich American Insurance Company. (Reference: 13-5227)(ajn)
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Filing 2136
RESPONSE/MEMORANDUM in Opposition filed by Zurich American Insurance Company re #2118 MOTION for Partial Summary Judgment that the "Sinkhole Occurrence" Triggered Zurich's 2011 Policy . (Attachments: #1 Statement of Contested/Uncontested Facts)(Reference: 13-5227)(Mercer, Glen)
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Filing 2135
ORDER Granting #2134 Motion for Leave to File Supplemental Memorandum. Signed by Judge Jay C. Zainey on 9/9/2019. (Reference: 13-5227)(ajn)
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Filing 2134
EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum by American Guarantee & Liability Insurance Co, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5227)(Mercer, Glen)
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Filing 2133
Correction of Docket Entry by Clerk re #2131 Response/Memorandum in Opposition to Motion. **Filing attorney incorrectly linked document to document 2130. Clerk properly linked document 2131 to document 2129. No further action necessary.** (Reference: 13-5227)(pp)
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Filing 2132
Correction of Docket Entry by Clerk re #2129 MOTION for Extension of Time to File Response/Reply. ** Filing attorney selected incorrect event. Correct event is Motion to Continue. Clerk took corrective action. No further action necessary.** (Reference: 13-5227)(pp)
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Filing 2131
RESPONSE/MEMORANDUM in Opposition filed by Texas Brine Company, LLC re #2129 MOTION to Reset Submission Date . (Reference: 13-5227)(Garner, James) Modified text on 9/6/2019 (pp).
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Filing 2130
EXPARTE/CONSENT MOTION to Expedite Motion to Reset Submission Date by American Guarantee & Liability Insurance Co, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Mercer, Glen)
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Filing 2129
MOTION to Continue Submission Date as to #2118 MOTION for Partial Summary Judgment that the "Sinkhole Occurrence" Triggered Zurich's 2011 Policy by American Guarantee & Liability Insurance Co, Steadfast Insurance Company, Zurich American Insurance Company. Motion(s) will be submitted on 10/2/2019. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Reference: 13-5227)(Mercer, Glen) Modified text on 9/6/2019 (pp).
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Filing 2128
REPORT AND RECOMMENDATION NO. 7 by Ralph Tureau.(Reference: 13-5227)(ajn)
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Filing 2127
Memorandum by AIG Specialty Insurance Company, American Guarantee & Liability Insurance Co, Insurance Company of the State of Pennsylvania, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa., Steadfast Insurance Company((Doc. 1125)), Zurich American Insurance Company re #2107 Order Setting Hearing on September 19, 2019 (Reference: 13-5227)(Johnson, Mary)
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Filing 2126
ORDER SETTING ORAL ARGUMENT on #2124 MOTION to Quash for 9/25/2019 11:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North on 9/4/2019.(Reference: All Cases)(clc)
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Filing 2125
MOTION to Exclude Texas Brine's Proposed Witnesses at the Hearing on Plaintiffs' Motion for Final Approval of Class Settlement by AIG Specialty Insurance Company, American Guarantee & Liability Insurance Co, Insurance Company of the State of Pennsylvania, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa., Steadfast Insurance Company, Zurich American Insurance Company. Motion(s) will be submitted on 9/18/2019. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Notice of Submission)(Reference: 13-5227)(Johnson, Mary)
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Filing 2124
MOTION to Quash by Texas Brine Company, LLC(13-5016). Motion(s) referred to Michael North. Motion(s) will be submitted on 9/25/2019. (Attachments: #1 Memorandum in Support, #2 Exhibit 1-3, #3 Notice of Submission)(Reference: 12-2059)(Garner, James)
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Filing 2123
ORDER for hard copy re #2118 MOTION for Partial Summary Judgment that the "Sinkhole Occurrence" Triggered Zurich's 2011 Policy. Signed by Judge Jay C. Zainey.(Reference: 13-5227)(jrc)
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Filing 2122
ORDER granting #2117 Motion to Withdraw as Attorney. Attorney Brad D. Brian, Tamerlin J. Godley, Bethany Woodard Kristovich, Daniel Benjamin Levin, Ellen Medlin Richmond, Jonathan E. Altman, and Jeremy Keller Beecher terminated. Signed by Judge Jay C. Zainey on 8/30/19. (Reference: ALL CASES)(ko)
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Filing 2121
NOTICE regarding oral argument re #2118 MOTION for Partial Summary Judgment that the "Sinkhole Occurrence" Triggered Zurich's 2011 Policy. By Clerk.(Reference: 13-5227)(jrc)
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Filing 2120
SUPPLEMENTAL OBJECTION and Memorandum in Opposition by Texas Brine Company, LLC(13-5016) re #2107 Order (Attachments: #1 Exhibit 1-10)(Reference: 13-5227)(Garner, James) Modified text on 8/30/2019 (ajn).
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Filing 2119
Request/Statement of Oral Argument by Texas Brine Company, LLC(13-5016) regarding #2118 MOTION for Partial Summary Judgment that the "Sinkhole Occurrence" Triggered Zurich's 2011 Policy . (Reference: 13-5227)(Garner, James)
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Filing 2118
MOTION for Partial Summary Judgment that the "Sinkhole Occurrence" Triggered Zurich's 2011 Policy by Texas Brine Company, LLC(13-5016). Motion(s) will be submitted on 9/18/2019. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Exhibit A-G, #4 Notice of Submission)(Reference: 13-5227)(Garner, James)
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Filing 2117
EXPARTE/CONSENT MOTION to Withdraw Jonathan Altman, Jeremy Beecher, Brad Brian, Tamerlin Godley, Dan Levin, Bethany Kristovich, and Ellen Richmond as Attorney by Occidental Chemical Corporation. (Attachments: #1 Proposed Order)(Reference: ALL)(Cassidy, Laura) Modified text on 8/30/2019 (ajn).
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Filing 2116
ORDER: IT IS ORDERED that any objections to #2115 Report and Recommendation No. 6 regarding the allocation of attorney's fees shall be filed no later than Thursday, 9/5/2019. Signed by Judge Jay C. Zainey on 8/21/2019. (Reference: 13-5227)(ajn)
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Filing 2115
REPORT AND RECOMMENDATION NO. 6 by Ralph Tureau.(Reference: 13-5227)(ajn)
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Filing 2114
ORDER granting #2113 Motion to Substitute Attorney. Attorney Ingrid Kemp Laurendine substituted. Attorney Laura Blair Naquin Green terminated. Signed by Judge Jay C. Zainey on 8/8/2019. (Reference: 13-5227)(ajn)
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Filing 2113
EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Ingrid Kemp Laurendine to be substituted in place of Blair Naquin Green by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Inscurance Company, National Union Fire Insurance Company of Pittsburgh, Pa., New Hampshire Insurance Company((Doc. 1125)). (Attachments: #1 Proposed Order)(Reference: 13-5227)(Johnson, Mary)
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Filing 2112
ORDER granting #2111 Motion to Withdraw as Attorney. Attorney Eric Julian Mayer terminated. Signed by Judge Jay C. Zainey. (Reference: All cases)(lag)
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Filing 2111
EXPARTE/CONSENT MOTION to Withdraw Eric Mayer and Firm of Susman Godfrey, L.L.P. as Attorney by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order)(Reference: 12-2059)(Garner, James)
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Filing 2110
USCA JUDGMENT issued as mandate on 7/5/19 as to #1871 Notice of Cross Appeal, filed by Texas Brine Company, LLC, #1848 Notice of Appeal filed by Occidental Chemical Corporation. USCA judge name: Jones, Elrod and Engelhardt. (Reference: all cases)(jrc)
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Filing 2109
USCA ORDER on Motions. USCA Judge Name: JONES, ELROD and ENGELHARDT (Attachments: #1 Memorandum)(Reference: 12-2059)(ajn)
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Filing 2108
ORDER denying as moot #1984 Motion to Decertify; denying #1994 Motion to Enforce the Pretrial Order and Reconsider Minute Entry; denying as moot #2018 Motion to Decertify; granting #2019 Motion for Clarification of Minute Entry. FURTHER ORDERED that a status conference will immediately follow the fairness hearing scheduled for September 19, 2019. This status conference will include all parties. Texas Brine shall be prepared to advise the Court as to which specific Phase I claims remain pending in this litigation. Texas Brine shall confer with counsel for the other parties as to the topics to be discussed at the status conference and then submit a proposed agenda for the status conference no later than Monday September 16, 2019. Signed by Judge Jay C. Zainey. (Reference: as listed)(jrc)
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Filing 2107
ORDER OF PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT. Signed by Judge Jay C. Zainey on 5/29/2019. (Reference: 13-5227)(ajn)
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Filing 2106
USCA ORDER: IT IS ORDERED that appellant's motion to supplement the record onappeal with petition for injunction filed by Texas Brine Company, L.L.C. inLouisiana state court on September 14, 2018 is unopposed, and thus GRANTED. USCA Judge Name: KURT D. ENGELHARDT (Attachments: #1 Exhibits, #2 Memorandum to Counsel)(Reference: All Cases)(ajn)
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Filing 2105
ORDER granting #2104 Motion to Withdraw as Attorney. Attorney Christopher M. Lynch terminated. Signed by Judge Jay C. Zainey on 5/17/2019. (Reference: all)(ajn)
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Filing 2104
EXPARTE/CONSENT MOTION to Withdraw Christopher M. Lynch as Attorney by Occidental Chemical Corporation(13-5227). (Attachments: #1 Proposed Order)(Reference: 12-2246, 12-2354, 12-2363, 12-2611, 13-4952, 13-5016, 13-5549, 13-5038, 13-5045, 13-4952, 13-5227, 13-5408, & 13-5563, 13-5793, 13-6026, 13-6412)(Kristovich, Bethany)
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Filing 2103
RESPONSE/MEMORANDUM in Support by Zurich and AIG Companies re #2059 MOTION Motion for Preliminary Approval of Proposed Settlement . (Reference: 13-5227)(ajn)
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Filing 2102
ORDER granting #2094 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 5/16/2019. (Reference: All Cases)(ajn)
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Filing 2101
REPLY MEMORANDUM in Support filed by Dianne Sanchez re #2059 MOTION Motion for Preliminary Approval of Proposed Settlement . (Reference: All Cases)(ajn)
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Filing 2100
ORDER granting #2092 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 5/16/2019. (Reference: 13-5227)(ajn)
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Filing 2099
ORDER granting #2097 Motion to Withdraw as Attorney. Attorney Paul C. Thibodeaux terminated. Signed by Judge Jay C. Zainey on 5/16/2019. (Reference: All Cases)(ajn)
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Filing 2098
Minute Entry for proceedings held before Judge Jay C. Zainey. Motion Hearing held on 5/16/2019. Fairness Hearing set for 9/19/2019 10:00 AM before Judge Jay C. Zainey. (Court Reporter Sandra Minutillo.) (Attachments: #1 Attendance Sheet) (Reference: 12-2059, 13-5016, 13-5227)(jrc)
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Filing 2097
EXPARTE/CONSENT MOTION to Withdraw Paul C. Thibodeaux as Attorney by Legacy Vulcan Corp., Legacy Vulcan, LLC, Vulcan Materials Company(Doc. 123 & 125), Vulcan Materials Company, Vulcan Materials Company, Vulcan Materials Company. (Attachments: #1 Proposed Order)(Reference: ALL CASES)Attorney Adam Bennett Zuckerman added to party Vulcan Materials Company(pty:3pd).(Zuckerman, Adam)
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Filing 2096
ORDER RESETTING ORAL ARGUMENT AND STATUS CONFERENCE: IT IS ORDERED that Oral Argument on Texas Brine's #1984 MOTION to Decertify, St. Paul Fire and Marine Insurance Co.s #2018 MOTION to Decertify, #1994 MOTION to Enforce Pre-Trial Order and Reconsider Minute Entry, #2019 MOTION for Clarification of Minute Entry, #2059 MOTION for Preliminary Approval of Settlement and #2064 MOTION for Joinder is RESET for Thursday, 5/16/2019 at 10:00 AM before Judge Jay C. Zainey. IT IS FURTHER ORDERED that a Status Conference with the Court will immediately follow the oral argument. Signed by Judge Jay C. Zainey on 5/1/2019.(Reference: 13-5227)(ajn)
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Filing 2095
ORDER: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that #2093 Motion for Leave to File Reply in Support of Plaintiffs' Motion for Preliminary Approval of Proposed Settlement is hereby Denied. The movant has attached the wrong pleading to this motion. Signed by Judge Jay C. Zainey on 5/1/2019. (Reference: All Cases)(ajn)
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Filing 2094
EXPARTE/CONSENT MOTION for Leave to File Reply Brief in Support of Plaintiffs' Motion for Preliminary Approval of Proposed Settlement by AIG Specialty Insurance Company, American Guarantee & Liability Insurance Co, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa., Steadfast Insurance Company, Zurich American Insurance Company, Zurich Insurance Company. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5227)(Mercer, Glen) Modified text on 5/1/2019 (ajn).
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Filing 2093
EXPARTE/CONSENT MOTION for Leave to File Reply Brief in Support of Plaintiffs' Motion for Preliminary Approval of Proposed Settlement by AIG Specialty Insurance Company, American Guarantee & Liability Insurance Co, Lexington Inscurance Company, National Union Fire Insurance Company of Pittsburgh, Pa., Steadfast Insurance Company. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5227)(Mercer, Glen) Modified text on 5/1/2019 (ajn).
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Filing 2092
EXPARTE/CONSENT MOTION for Leave to File Reply Memo in Support of Preliminary Approval of the Settlement Class by Dianne Sanchez. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Reference: 13-5227)(Centola, Lawrence)
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Filing 2091
Supplemental Memorandum filed by Texas Brine Company, LLC(13-5016), in Opposition of #2064 MOTION for Joinder in Plaintiffs' Motion for Preliminary Approval of Proposed Settlement, #2059 MOTION Motion for Preliminary Approval of Proposed Settlement . (Attachments: #1 Exhibit A)(Reference: 13-5227)(Garner, James)
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Filing 2090
Request/Statement of Oral Argument by Texas Brine Company, LLC(13-5016) regarding #2064 MOTION for Joinder in Plaintiffs' Motion for Preliminary Approval of Proposed Settlement, #2059 MOTION Motion for Preliminary Approval of Proposed Settlement . (Reference: 13-5227)(Garner, James)
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Filing 2089
RESPONSE/MEMORANDUM in Opposition filed by Texas Brine Company, LLC(13-5016) re #2064 MOTION for Joinder in Plaintiffs' Motion for Preliminary Approval of Proposed Settlement, #2059 MOTION Motion for Preliminary Approval of Proposed Settlement . (Attachments: #1 Exhibit 1-3, #2 Exhibit 4, #3 Exhibit 5-6)(Reference: 13-5227)(Garner, James)
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Filing 2088
ORDER AND REASONS re #2034 Motion to Compel Discovery Responses, #2049 Re- urged Motion for Leave to Amend. It is hereby ordered that the production of all documents ordered to be produced herein3 shall be accomplished no later than April 29, 2019. Signed by Magistrate Judge Michael North on 4/22/19.(Reference: All Cases)(clc)
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Filing 2087
ORDER: The Clerk is directed to file the attached correspondence into the record of this proceeding. Signed by Magistrate Judge Michael North on 4/22/19. (Attachments: #1 Correspondence)(Reference: All Cases)(clc)
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Filing 2086
ORDER RESETTING ORAL ARGUMENT: IT IS ORDERED that Oral Argument on Texas Brine's Motion to Decertify (Rec. Doc. 1984), St. Paul Fire and Marine Insurance Co.'s Motion to Decertify (Rec. Doc. 2018), Motion to Enforce the Pretrial Order and Reconsider Minute Entry (Rec. Doc. 1994), Motion for Clarification of Minute Entry (Rec. Doc. 2019), and Motion for Preliminary Approval of Settlement (Rec. Doc. 2059) is RESET for Thursday, 5/2/2019 at 10:30 AM before Judge Jay C. Zainey. IT IS FURTHER ORDERED that a Status Conference with the Court will immediately follow the oral argument. Signed by Judge Jay C. Zainey on 4/18/2019.(Reference: 13-5227)(ajn)
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Filing 2085
REPORT AND RECOMMENDATION NO. 5 by Ralph Tureau. (Reference: 13-5227)(ajn)
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Filing 2084
ORDER granting #2083 MOTION to Continue Submission Date on Motion for Preliminary Approval of Settlement filed by Texas Brine Company, LLC.; ORDER Resetting Submission date on #2059 MOTION Motion for Preliminary Approval of Proposed Settlement, Motion(s) will be submitted on 5/1/19 or 5/2/2019.. Signed by Judge Jay C. Zainey.(Reference: 13-5227)(jrc)
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Filing 2083
EXPARTE/CONSENT MOTION to Continue re #2059 Motion for Preliminary Approval of Proposed SettlementSubmission Date by Texas Brine Company, LLC. (Attachments: #1 Proposed Order)(Reference: all cases)(Garner, James) Modified text on 4/17/2019 to remove referral and link documents (ajn).
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Filing 2082
Minute Entry for proceedings held before Magistrate Judge Michael North held on 4/10/2019. Texas Brine's #2049 Re-Urged Motion for Leave to Amend is DENIED without prejudice. Texas Brine's #2034 Motion to Compel Discovery Responses, within seven days, the communications by and between counsel for National Union/AIG Specialty/ICSOP, ZAIC, and the Sanchez class are to be provided to the Court for an in camera inspection. (Court Reporter Mary Thompson.) (Reference: All Cases)(clc)
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Filing 2081
**SEALED** OMNIBUS REPLY re MOTION for Leave to file Corrected, Amended, and Supplemental Third-Party Demand and Cross-Claim and Motion to Compel filed by Texas Brine Company, LLC. (Reference: 13-5227)(clc)
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Filing 2080
ORDER GRANTING #2076 Motion for Leave to File Omnibus Reply Under Seal. Signed by Magistrate Judge Michael North on 4/9/19. (Reference: 13-5227)(clc)
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Filing 2079
ORDER GRANTING #2075 Motion for Leave to File OmnibusReply Under Seal. Signed by Magistrate Judge Michael North on 4/9/19. (Reference: 13-5227)(clc)
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Filing 2078
EXPARTE/CONSENT MOTION for Attorney Fees by Dianne Sanchez. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order)(Reference: 13-5227)(Centola, Lawrence)
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Filing 2077
SUPPLEMENTAL Electronic Record on Appeal Access Granted to Laura Kissel Cassidy, James M. Garner, Christopher Chocheles, Jeffrey D. Kessler, Sam Cruse, Denise Drake, Peter Hilbert, Kathy Dawn Patrick, Jeffrey Edward Richardson, Leigh Ann Schell, Leopold Zangwill Sher, Martin A. Stern re #1848 Notice of Appeal, #1871 Notice of Cross Appeal. USCA Case Number 18-31153. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (Reference: All Cases)(mm)
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Filing 2076
EXPARTE/CONSENT MOTION to Seal Omnibus Reply in Support of Re-Urged Motion for Leave to File Corrected, Amended and Supplemental Third-Party Demand and Cross-Claim and Motion to Compel Against AIG and Zurich Entities by Texas Brine Company, LLC(13-5016). Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Garner, James) Modified text on 4/10/2019 (mp).
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Filing 2075
EXPARTE/CONSENT MOTION for Leave to File Omnibus Reply in Support of Re-Urged Motion for Leave to File Corrected, Amended and Supplemental Third-Party Demand and Cross-Claim and Motion to Compel Against AIG and Zurich Entities by Texas Brine Company, LLC(13-5016). Motion(s) referred to Michael North. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Notice of Manual Attachment)(Reference: 13-5227)(Garner, James)
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Filing 2074
ORDER GRANTING #2073 Motion for Payment of Administrative Costs. ORDERED that Postlethwaite & Netterville, the Court Appointed Disbursing Agent in this matter, issue payment of $7,639.47 to Ralph Tureau, the Special Master and $88,832.44 to Postlethwaite & Netterville for administrative fees, costs, and expenses from September 1, 2018 through February 28, 2019. #2067 MOTION for Payment of Administrative Costs is MOOT. Signed by Judge Jay C. Zainey on 4/5/19. (Reference: 13-5227)(clc)
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Filing 2073
EXPARTE/CONSENT MOTION for Payment of Administrative Costs by Dianne Sanchez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Reference: 13-5227)(Honeycutt, David)
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Filing 2072
**SEALED** RESPONSE/MEMORANDUM in Opposition re #2049 Re-urged Motion for Leave to Filed Amended Third-Party Demand by National Union Fire Insurance Company of Pittsburgh, Pa, AIG Specialty Insurance Company, Lexington Insurance Company, Insurance Company of The State of Pennsylvania (Reference: 13-5227)(clc)
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Filing 2071
ORDER GRANTING #2066 Motion to Seal Document. Signed by Magistrate Judge Michael North on 4/4/19. (Reference: 13-5227)(clc)
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Filing 2070
Correction of Docket Entry by Clerk re #2067 MOTION for Payment of Administrative Costs . Document contains incorrect caption. Pursuant to the Court's directive, all pleadings hereafterfiled in this consolidated proceeding shall bear the caption ofthe lead consolidated case together with the docket number of allcases within the consolidation to which the document applies orthe notation "ALL CASES" if it applies to all cases. Furthermore, the proper Magistrate in this matter is Magistrate North Division 5. (Reference: 13-5227)(mp)
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Filing 2069
Correction of Docket Entry by Clerk re #2066 MOTION to Seal Document Opposition to Texas Brine's Motion for Leave to File Re-Urged Motion for Leave to File Corrected, Amended, And Supplemental Third-Party Demand and Cross-Claim. Please disregard previous correction as to Rec. Doc. 2066. Motion(s) referred to Magistrate North. (Reference: 13-5227)(mp)
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Filing 2068
Correction of Docket Entry by Clerk re #2064 MOTION for Joinder in Plaintiffs' Motion for Preliminary Approval of Proposed Settlement, #2066 MOTION to Seal Document Opposition to Texas Brine's Motion for Leave to File Re-Urged Motion for Leave to File Corrected, Amended, And Supplemental Third-Party Demand and Cross-Claim. Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decidedby the Magistrate Judge Y/N?'. This motion will be decided by the district judge. Clerk took corrective action (Reference: 13-5227)(mp)
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Filing 2067
EXPARTE/CONSENT MOTION for Payment of Administrative Costs by Dianne Sanchez. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Honeycutt, David)
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Filing 2066
EXPARTE/CONSENT MOTION to Seal Document Opposition to Texas Brine's Motion for Leave to File Re-Urged Motion for Leave to File Corrected, Amended, And Supplemental Third-Party Demand and Cross-Claim by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Inscurance Company, National Union Fire Insurance Company of Pittsburgh, Pa. Motion(s) referred to Micheal North. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Reference: 13-5227)(Johnson, Mary) Modified on 4/3/2019 (mp). (Additional attachment(s) added on 4/3/2019: #3 Exhibit) (clc).
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Filing 2065
RESPONSE/MEMORANDUM in Opposition filed by American Guarantee & Liability Insurance Co, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company re #2047 Motion for Leave to File Re-Urged Motion for Leave to File Corrected, Amended, and Supplemental Third-Party Demand and Cross-claim Under Seal. (Reference: 13-5227)(Mercer, Glen) Modified text on 4/3/2019 (mp).
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Filing 2064
MOTION for Joinder in Plaintiffs' Motion for Preliminary Approval of Proposed Settlement by AIG Specialty Insurance Company, American Guarantee & Liability Insurance Co, Insurance Company of the State of Pennsylvania, Lexington Inscurance Company, National Union Fire Insurance Company of Pittsburgh, Pa., Steadfast Insurance Company, Zurich American Insurance Company. Motion(s) will be submitted on 4/24/2019. (Attachments: #1 Notice of Submission)(Reference: 13-5227)(Johnson, Mary) Modified text on 4/3/2019 (mp).
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Filing 2063
Motion to Supplement Appeal Record re #2062 USCA Order. (Attachments: #1 Certificate of Compliance, #2 Exhibits 1-2, #3 USCA Memorandum to Counsel)(Reference: 12-2059)(ajn)
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Filing 2062
USCA ORDER. IT IS ORDERED that, on the showing made and the limited specific facts presented, appellee's opposed motion to supplement the record on appeal with an October 16, 2018 Judgment that enjoined TBC and Oxy from "arbitrating before the American Arbitration Association pending" a permanent injunction trial, and with an excerpt from a December 20, 2018 transcript that shows that April 15, 2019 has been selected as the date for the permanent injunction trial, is GRANTED. USCA Judge Name: Kurt D. Engelhardt (Attachments: #1 Exhibits, #2 Memorandum to Counsel)(Reference: All Cases)(ajn)
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Filing 2061
Correction of Docket Entry by Clerk re #2059 MOTION Motion for Preliminary Approval of Proposed Settlement . Please disregard previous correction. Motion is opposed and is submitted on 4/24/2019. (Reference: 13-5227)(mp)
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Filing 2060
Correction of Docket Entry by Clerk re #2059 MOTION Motion for Preliminary Approval of Proposed Settlement . Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?. Exparte/Consent motions are not set for hearing. Clerk has removed hearing date. (Reference: 13-5227)(mp)
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Filing 2059
Motion for Preliminary Approval of Proposed Settlement by Dianne Sanchez. Motions will be submitted on 4/24/2019. (Attachments: #1 Proposed Order, #2 Notice of Submission, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Reference: 13-5227)(Centola, Lawrence) Modified text on 4/1/2019 (mp).
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Filing 2058
ORDER continuing Hearing on #2034 Motion to Compel Discovery Responses to 4/10/2019 11:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North on 3/15/2019.(Reference: ALL CASES)(caa)
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Filing 2057
ORDER RESETTING ORAL ARGUMENT: IT IS ORDERED that Oral Argument on Texas Brine's #1984 MOTION Decertify; St. Paul Fire and Marine Insurance Co.'s #2018 MOTION to Decertify; #1994 MOTION to Enforce Pre-Trial Order and Reconsideration of Minute Entry and #2019 MOTION for Clarification of the Court's Minute Entry is RESET for Wednesday, 4/24/2019 at 10:30 AM before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey on 3/14/2019.(Reference: 13-5227)(ajn)
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Filing 2056
**SEALED** RESPONSE/MEMORANDUM in Opposition re #2034 Motion to Compel by National Union Fire Insurance Company of Pittsburgh, Pa., AIG Specialty Insurance Company, Lexington Insurance Company, Insurance Company of The State of Pennsylvania. (Attachments: #1 Exhibit) (Reference: 13-5227)(clc)
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Filing 2055
**SEALED** RESPONSE/MEMORANDUM IN OPPOSITION re #2034 MOTION to Compel by Zurich American Insurance Company. (Reference: 13-5227)(clc)
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Filing 2054
ORDER GRANTING #2051 Motion for Leave to File Document under Seal. Signed by Magistrate Judge Michael North on 3/13/19. (Reference: 13-5227)(clc)
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Filing 2053
ORDER SETTING ORAL ARGUMENT re #2049 Re-Urged Motion for Leave to File Corrected, Amended, and Supplemental Third-Party Demand and Cross-Claim April 10, 2019 at 11:00 a.m. Signed by Magistrate Judge Michael North on 3/13/19.(Reference: 13-5227)(clc)
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Filing 2052
ORDER GRANTING #2050 Motion for Leave to File Document Under Seal. Signed by Magistrate Judge Michael North on 3/13/19. (Reference: 13-5227)(clc)
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Filing 2051
EXPARTE/CONSENT MOTION for Leave to File Under Seal Opposition to Texas Brine's Motion to Compel by Zurich American Insurance Company, Zurich Insurance Company. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Reference: 13-5227)(Mercer, Glen)
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Filing 2050
EXPARTE/CONSENT MOTION for Leave to File Under Seal Opposition to Texas Brine's Motion to Compel by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Inscurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Reference: 13-5227)(Johnson, Mary)
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Filing 2049
**SEALED** Re-urged Motion for Leave to Filed Amended Third-Party Demand. Motion(s) referred to Michael B. North. Motion(s) submitted for 4/10/19. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order, #4 Proposed Order, #5 Proposed Order) (Reference: 13-5227)(clc)
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Filing 2048
ORDER GRANTING #2047 Motion for Leave to File Document Under Seal. Signed by Magistrate Judge Michael North on 3/11/19. (Reference: 13-5277)(clc)
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Filing 2047
EXPARTE/CONSENT MOTION for Leave to File Re-Urged Motion For Leave To File Corrected, Amended and Supplemental Third-Party Demand and Crossclaim Under Seal by Texas Brine Company, LLC. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Reference: all cases)(Garner, James) Modified text on 3/11/2019 (ajn).
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Filing 2046
ORDER GRANTING #2044 Motion to Continue Hearing on Motion to Compel. ORDERED, ADJUDGED, and DECREED that the oral argument on Texas Brine's Motion to Compel Discovery Responses is hereby continued to March 20, 2019 at 11:00 a.m. Signed by Magistrate Judge Michael North on 3/6/19. (Reference: 13-5227)(clc)
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Filing 2045
ORDER SETTING ORAL ARGUMENT: IT IS ORDERED that Oral Argument on #1984 MOTION Decertify, #1994 MOTION to Enforce Pre-Trial Order and Reconsider Minute Entry and #2019 MOTION for Clarification of the Court's Minute Entry is set for Tuesday, 4/2/2019 at 11:00 AM before Judge Jay C. Zainey. IT IS FURTHER ORDERED that a status conference with the Court will immediately follow the oral argument. Signed by Judge Jay C. Zainey on 2/28/2019.(Reference: 13-5227)(ajn)
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Filing 2044
EXPARTE/CONSENT MOTION to Continue Oral Argument on Motion to Compel Discovery Responses by Texas Brine Company, LLC. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Reference: all cases)(Garner, James)
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Filing 2043
REPLY BRIEF in Support filed by Texas Brine Company, LLC re #1984 MOTION Decertify . (Attachments: #1 Exhibit 1)(Reference: 13-5227)(ajn)
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Filing 2042
ORDER granting #2039 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 2/20/2019. (Reference: 13-5227)(ajn)
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Filing 2041
REPLY in Support filed by Texas Brine Company, LLC re #1994 MOTION to Enforce Pre-Trial Order and Reconsideration of Court's January 18, 2019 Minute Entry . (Reference: 13-5227)(ajn)
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Filing 2040
ORDER granting #2038 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 2/20/2019. (Reference: 13-5227)(ajn)
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Filing 2039
EXPARTE/CONSENT MOTION for Leave to File Reply Brief in Support of Motion to Decertify the Class by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit 1)(Reference: 13-5227)(Garner, James)
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Filing 2038
EXPARTE/CONSENT MOTION for Leave to File Texas Brine's Reply in Support of Motion to Enforce the Pre-Trial Order and for Reconsideration of the Court's January 16, 2019 Minute Entry by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5227)(Garner, James)
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Filing 2037
ORDER CONTINUING ORAL ARGUMENT re 2034 Motion to Compel Discovery Responses for March 13, 2019 at 11:00 a.m. Signed by Magistrate Judge Michael North on 2/14/19.(Reference: All Cases)(clc)
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Filing 2036
ORDER SETTING ORAL ARGUMENT re #2034 Motion to Compel Discovery Responses for February 27, 2019 at 11:00 a.m. Signed by Magistrate Judge Michael North on 2/13/19.(Reference: All Cases)(clc)
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Filing 2035
RESPONSE/MEMORANDUM in Opposition filed by Dianne Sanchez re #1984 MOTION Decertify Memorandum in Opposition to Motion to Decertify. (Reference: 13-5227)(Centola, Lawrence)
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Filing 2034
**SEALED** Motion to Compel Discovery Responses. Motion(s) referred to Michael B. North. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Exhibit) (Reference: 13-5227)(clc)
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Filing 2033
ORDER GRANTING #2026 Motion for Leave to File Document Under Seal. Signed by Magistrate Judge Michael North on 2/11/19. (Reference: 13-5227)(clc)
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Filing 2032
RESPONSE/MEMORANDUM in Opposition filed by Dianne Sanchez re #1994 MOTION to Enforce Pre-Trial Order and Reconsideration of Court's January 18, 2019 Minute Entry Plaintiffs' Opposition to Texas Brine's Motion to "Enforce" The Pre-Trial Order. (Reference: 13-5227)(Centola, Lawrence)
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Filing 2031
Correction of Docket Entry by Clerk re #2026 MOTION to Seal, #2027 Second MOTION to Compel Discovery Responses. ***Filing attorney selected the incorrect for #2026 Motion to Seal. The correct event is Motion for Leave to File as stated on the pleading. ALSO, the documents in rec. doc. 2027 should have been attachments to rec. doc. 2026 and not filed separately. Rec. doc. 2027 has been terminated and the documents are now attached to rec. doc. 2026.*** (Reference: 13-5227)(ajn)
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Filing 2030
REPLY by Chubb Custom Insurance Company to #2002 PSC Response to Minute Entry. (Reference: 13-5227)(ajn)
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Filing 2029
ORDER granting #2024 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 2/8/2019. (Reference: 13-5227)(ajn)
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Filing 2028
Request/Statement of Oral Argument by Texas Brine Company, LLC(13-5016) regarding #2026 MOTION for Leave to File Motion to Compel Discovery Responses Under Seal . (Reference: 13-5227)(Garner, James) Modified text on 2/11/2019 to correct document link (ajn).
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Filing 2027
***FILED INCORRECTLY-SHOULD BE AS ATTACHMENTS TO REC. DOC. 2026***Second MOTION to Compel Discovery Responses by Texas Brine Company, LLC(13-5016). Motion(s) referred to Michael North. Motion(s) will be submitted on 2/27/2019. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Reference: 13-5227)(Garner, James) Modified on 2/11/2019 (ajn).
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Filing 2026
EXPARTE/CONSENT MOTION for Leave to File Motion to Compel Discovery Responses Under Seal by Texas Brine Company, LLC(13-5016). Motion(s) referred to Michael North. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Reference: 13-5227)(Garner, James) Modified text to correct event on 2/11/2019 (ajn). (Additional attachment(s) added on 2/11/2019: #3 Motion to Compel Under Seal, #4 Memorandum in Support Under Seal, #5 Notice of Submission (Civil Only)) (ajn).
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Filing 2025
ORDER granting #2021 Motion to Join in and Adopt Texas Brine Company, LLC's Motion to Decertify the Class. Signed by Judge Jay C. Zainey on 2/7/2019. (Reference: 13-5227)(ajn)
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Filing 2024
EXPARTE/CONSENT MOTION for Leave to File Reply to PSC's Response to Minute Entry (R. Doc. 2002) by Chubb Custom Insurance Company. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Reference: 13-05227)(Wolff, John)
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Filing 2023
ANSWER to #1983 Amended Complaint 4th Amended and Supplemental Class Action Complaint by Fireman's Fund Insurance Company, Fireman's Fund Insurance Company, Fireman's Fund Insurance Company of Ohio, National Surety Corporation, National Surety Corporation.(Reference: 13-5227)(Rowell, James)
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Filing 2022
Correction of Docket Entry by Clerk re #2021 MOTION to Join in and Adopt. *** First, the filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Also, this filing should be Exparte and exparte motions are not set for submission. Clerk took corrective action and modified the docket text and removed the referral to the magistrate judge and the submission date.*** (Reference: 13-5227)(ajn)
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Filing 2021
EXPARTE MOTION to Join In and Adopt #1984 MOTION to Decertify the Class, by Chubb Custom Insurance Company. (Attachments: #1 Proposed Order, #2 Notice of Submission)(Reference: 13-05227)(Wolff, John) Modified text on 2/7/2019 to remove referral and submission date (ajn).
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Filing 2020
USCA ORDER: IT IS ORDERED that appellee's unopposed motion to view and obtain sealed documents is GRANTED. (Attachments: #1 Memorandum)(Reference: 12-2059)(ajn)
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Filing 2019
MOTION for Clarification of the Court's Minute Entry (Rec. Doc. 1989) by Texas Brine Company, LLC(13-5016). Motion(s) will be submitted on 2/20/2019. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Reference: 13-5227)(Garner, James)
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Filing 2018
MOTION to Decertify by St. Paul Fire & Marine Insurance Company. Motion(s) will be submitted on 2/20/2019. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Reference: 13-5227)(Schmeeckle, Seth)
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Filing 2017
ANSWER to #1983 Amended Complaint Original Class Action Complaint, First Amended and Supplemental Class Action Complaint, Second Amended and Supplemental Class Action Complaint, Third Amended and Supplemental Class Action Complaint, and Fourth Amended and Supplemental Class Action Complaint by St. Paul Fire & Marine Insurance Company.(Reference: 13-05227)(Holliday, Carey)
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Filing 2016
ANSWER to #1983 Amended Complaint Fourth Amended and Supplemental Class Action Complaint by Travelers Indemnity Company.(Reference: 13-05227)(Holliday, Carey) Modified text on 2/5/2019 (ajn).
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Filing 2015
REPLY by Texas Brine Company, LLC to #2002 PSC Response to Minute Entry. (Attachments: #1 Exhibit)(Reference: 13-5227)(ajn)
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Filing 2014
ORDER granting #2010 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 2/1/2019. (Reference: 13-5227)(ajn)
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Filing 2013
ORDER granting #2009 Joint Motion to Enter Consent Judgment. Signed by Judge Jay C. Zainey on 2/1/2019. (Reference: All)(ajn)
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Filing 2012
ANSWER to #1983 Amended Complaint by Texas Brine Company, LLC(13-5016).(Reference: 12-2059)(Garner, James)
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Filing 2011
Chubb Custom Insurance Company's Answer to Plaintiffs' First, Second, Third and Fourth Amended and Supplemental Class Action Complaints ANSWER to #1983 Amended Complaint, #790 Amended Complaint,,, with Jury Demand , ANSWER to #1983 Amended Complaint, #790 Amended Complaint,,, with Jury Demand by Chubb Custom Insurance Company.(Reference: 13-05227)Attorney John Powers Wolff, III added to party Chubb Custom Insurance Company(pty:dft).(Wolff, John)
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Filing 2010
EXPARTE/CONSENT MOTION for Leave to File Reply to PSC's Response to Minute Entry by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit 1)(Reference: 13-5227)(Garner, James)
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Filing 2009
EXPARTE/CONSENT Joint MOTION to Enter Consent Judgment by Chicago Insurance Company. (Attachments: #1 Proposed Order Proposed Consent Judgment)(Reference: all cases)(Hammett, Wade) Modified text on 2/1/2019 (ajn).
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Filing 2008
ORDER granting #2005 Motion For Payment of Claims. Signed by Judge Jay C. Zainey on 1/28/2019. (Reference: 13-5227)(ajn)
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Filing 2007
ORDER granting #2004 Motion to Withdraw as Attorney. Attorney Kaja Stamnes Elmer terminated for Gulf Underwriters Insurance Company and St. Paul Surplus Lines Insurance Company. Signed by Judge Jay C. Zainey on 1/28/2019. (Reference: All)(ajn)
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Filing 2006
ORDER granting #2003 Motion to Withdraw as Attorney. Attorney Kaja Stamnes Elmer terminated from Northfield Insurance Company and St. Paul Fire and Marine Insurance Company. Signed by Judge Jay C. Zainey on 1/28/2019. (Reference: All)(ajn)
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Filing 2005
EXPARTE/CONSENT MOTION For Payment of Claims by Ralph Tureau. (Attachments: #1 Proposed Order)(Reference: 13-5227)(ajn) (Additional attachment(s) added on 1/28/2019: #2 SEALED Exhibit A) (ajn).
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Filing 2004
EXPARTE/CONSENT MOTION to Withdraw Kaja S. Elmer as Attorney by Gulf Underwriters Insurance Company, St. Paul Surplus Lines Insurance Company. (Attachments: #1 Proposed Order)(Reference: ALL)(Briard, Anne) Modified text on 1/28/2019 to correct filers(ajn).
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Filing 2003
EXPARTE/CONSENT MOTION to Withdraw Kaja S. Elmer as Attorney by Northfield Insurance Company, St. Paul Travelers Insurance Company. (Attachments: #1 Proposed Order)(Reference: ALL)(Briard, Anne)
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Filing 2002
Response/Reply by Dianne Sanchez to #1989 Status Conference, PSC Response to Minute Entry (Reference: 2:13-cv-5227)(Centola, Lawrence) Modified text on 1/28/2019 (ajn).
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Filing 2001
***FILED IN ERROR*** Response/Reply by Dianne Sanche (Reference: 2:13-cv-5227)(Centola, Lawrence) Modified text on 1/28/2019 (ajn).
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Filing 2000
ORDER granting #1996 Motion for Extension of Time to Answer. Signed by Judge Jay C. Zainey. (Reference: 13-5227)(jrc)
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Filing 1999
ORDER granting #1995 Motion for Extension of Time to Answer. Signed by Judge Jay C. Zainey. (Reference: 13-5227)(jrc)
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Filing 1998
NOTICE regarding oral argument on #1994 MOTION to Enforce Pre-Trial Order and Reconsideration of Court's January 18, 2019 Minute Entry filed by Texas Brine Company, LLC. By Clerk.(Reference: all cases)(jrc)
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Filing 1997
Request/Statement of Oral Argument by Texas Brine Company, LLC(13-5016) regarding #1994 MOTION to Enforce Pre-Trial Order and Reconsideration of Court's January 18, 2019 Minute Entry . (Reference: 12-2059)(Garner, James)
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Filing 1996
EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1983 Amended Complaint by Travelers Indemnity Company. (Attachments: #1 Proposed Order)(Reference: 13-05227)(Holliday, Carey)
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Filing 1995
EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1983 Amended Complaint by St. Paul Fire & Marine Insurance Company. (Attachments: #1 Proposed Order)(Reference: 13-05227)(Holliday, Carey)
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Filing 1994
MOTION to Enforce Pre-Trial Order and Reconsideration of Court's January 18, 2019 Minute Entry by Texas Brine Company, LLC(13-5016). Motion(s) will be submitted on 2/20/2019. (Attachments: #1 Memorandum in Support, #2 Exhibit 1-4, #3 Notice of Submission)(Reference: 12-2059)(Garner, James)
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Filing 1989
Minute Entry for proceedings held before Judge Jay C. Zainey: A Status Conference in the Sanchez matter, which had been scheduled for a Bellwether Damages Trial, was held on 1/16/2019. (Attachments: #1 Attendance Record) (Reference: 13-5227) (NEF: Magistrate Judge North)(ajn)
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Filing 1988
Correction of Docket Entry by Clerk re #1987 Response/Reply. ***Document has been stricken per Chambers*** (Reference: 13-5227)(ajn)
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Filing 1987
***DOCUMENT STRICKEN*** Response/Reply by St. Paul Fire & Marine Insurance Company to #1960 Minute Entry Proposed Case Management Orders (Reference: 13-5227)(Schmeeckle, Seth) Modified text on 1/16/2019 (ajn). Modified on 1/16/2019 (ajn).
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Filing 1986
NOTICE regarding oral argument re #1984 MOTION Decertify filed by Texas Brine Company, LLC. By Clerk.(Reference: all cases)(jrc)
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Filing 1985
Request/Statement of Oral Argument by Texas Brine Company, LLC(13-5016) regarding #1984 MOTION Decertify . (Reference: 12-2059)(Garner, James)
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Filing 1984
MOTION to Decertify the Class by Texas Brine Company, LLC(13-5016). Motion(s) will be submitted on 2/20/2019. (Attachments: #1 Memorandum in Support, #2 Exhibit 1-3, #3 Exhibit 4, #4 Exhibit 5-13, #5 Notice of Submission)(Reference: 12-2059)(Garner, James) Modified text on 1/15/2019 (ajn).
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Filing 1983
FOURTH AMENDED AND SUPPLEMENTAL CLASS ACTION COMPLAINT against All Defendants filed by All Plaintiffs.(Reference: All Cases)(clc)
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Filing 1982
Minute Entry for proceedings held before Magistrate Judge Michael North: Motion Hearing held on 1/9/2019. Plaintiff's #1821 Motion for Leave to File Fourth Amended and Supplemental Class Action Complaint is GRANTED. Texas Brines #1959 Motion for Leave to File Corrected, Amended, and Supplemental Third-Party Demand and Cross-Claim is Denied without prejudice to Texas Brine's right to re-urge same following the conclusion of the settlement approval proceedings. (Court Reporter Cathy Pepper.) (Reference: All Cases)(clc)
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Filing 1981
REPLY in Support of Motion for Leave to File Amended and Supplemental Third-Party Demand and Cross-Claim filed by Texas Brine Company, LLC. (Reference: 13-5227)(clc)
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Filing 1980
ORDER GRANTING #1976 Motion for Leave to File Reply in Excess Pages. Signed by Magistrate Judge Michael North on 1/8/19. (Reference: 13-5227)(clc)
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Filing 1979
ORDER GRANTING #1975 Motion to Seal Reply in support of its Motion for Leave to File a Corrected, Amended and Supplemental Third-Party Demand and Cross-Claim. Signed by Magistrate Judge Michael North on 1/8/19. (Reference: 13-5227)(clc)
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Filing 1978
ORDER GRANTING #1974 Motion for Leave to File Reply in support of its Motion for Leave to File a Corrected, Amended and Supplemental Third-Party Demand and Cross-Claim. Signed by Magistrate Judge Michael North on 1/8/19. (Reference: 13-5227)(clc)
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Filing 1977
Correction of Docket Entry by Clerk re #1974 MOTION for Leave to File Consolidated Reply in support of its Motion for Leave to File a Corrected, Amended and Supplemental Third-Party Demand and Cross-Claim, #1975 MOTION to Seal Consolidated Reply in support of its Motion for Leave to File a Corrected, Amended and Supplemental Third-Party Demand and Cross-Claim, #1976 MOTION for Leave to File Excess Pages of Consolidated Reply in support of its Motion for Leave to File a Corrected, Amended and Supplemental Third-Party Demand and Cross-Claim. ***Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. The above motions will be decided by the Magistrate Judge. Clerk took corrective action.*** (Reference: 13-5227)(ajn)
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Filing 1976
EXPARTE/CONSENT MOTION for Leave to File Excess Pages of Consolidated Reply in support of its Motion for Leave to File a Corrected, Amended and Supplemental Third-Party Demand and Cross-Claim by Texas Brine Company, LLC(13-5016). Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Garner, James) Modified text on 1/8/2019 to refer to Magistrate Judge (ajn).
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Filing 1975
EXPARTE/CONSENT MOTION to Seal Consolidated Reply in support of its Motion for Leave to File a Corrected, Amended and Supplemental Third-Party Demand and Cross-Claim by Texas Brine Company, LLC(13-5016). Motion(s) referred to Michael North. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Reference: 13-5227)(Garner, James) Modified text on 1/8/2019 to refer to Magistrate Judge(ajn). (Additional attachment(s) added on 1/8/2019: #3 Sealed Proposed Pleading) (clc).
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Filing 1974
EXPARTE/CONSENT MOTION for Leave to File Consolidated Reply in support of its Motion for Leave to File a Corrected, Amended and Supplemental Third-Party Demand and Cross-Claim by Texas Brine Company, LLC(13-5016). Motion(s) referred to Michael North. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5227)(Garner, James) Modified text on 1/8/2019 to refer to Magistrate Judge (ajn).
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Filing 1973
Minute Entry for proceedings held before Judge Jay C. Zainey: At the suggestion of counsel, IT IS ORDERED that the follow-up Status Conference scheduled for 1/10/2019, in Civil Action 13-5045 is CANCELLED. (Reference: 13-5045)(ajn)
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Filing 1972
USCA ORDER: IT IS ORDERED that appellant's unopposed Motion to View and Obtain Sealed Documents is GRANTED. USCA Judge Name: KURT D. ENGELHARDT. (Attachments: #1 Transmittal Letter)(Reference: All Cases)(ajn)
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Filing 1971
ORDER Granting #1970 Motion Approving Special Master's Report and Recommendation No. 4 and that the Special Master and Court Appointed Disbursing Agent shall proceed with issuing payment of litigation costs. Signed by Judge Jay C. Zainey on 1/4/2019. (Reference: 13-5227)(ajn)
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Filing 1970
EXPARTE/CONSENT MOTION Approving Special Master's Report and Recommendation No. 4 by Ralph Tureau. (Attachments: #1 Proposed Order)(Reference: 13-5227)(ajn)
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Filing 1969
ORDER GRANTING #1967 Motion for Leave to File National Union Fire Insurance Company of Pittsburgh, PA., AIG Specialty Insurance Company, The Insurance Company of the State of Pennsylvania, and Lexington Insurance Company's Opposition to Texas Brine's Motion for Leave to File Corrected, Amended, and Supplemental Third-Party Demand and Cross-Claim Under Seal. Signed by Magistrate Judge Michael North on 1/3/19. (Reference: 13-5227)(clc)
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Filing 1968
ORDER GRANTING #1966 Motion for Leave to File Zurich's Opposition to Texas Brine's Motion For Leave to File Amended and Supplemental Third-Party Demand and Cross-Claim under Seal. Signed by Magistrate Judge Michael North on 1/3/19. (Reference: 13-5227)(clc)
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Filing 1967
EXPARTE/CONSENT MOTION to Seal Opposition to Texas Brine's Motion for Leave to Filed Amended and Supplemental Third-Party Demand and Cross-Claim by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Inscurance Company, National Union Fire Insurance Company of Pittsburgh, Pa. re #1959 MOTION for Leave to File . Motion(s) referred to Judge Michael B. North. (Attachments: #1 Notice of Manual Attachment, #2 Proposed Order)(Reference: All Cases)(Johnson, Mary) Modified referral on 12/31/2018 (clc).
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Filing 1966
EXPARTE/CONSENT MOTION to Seal Opposition to Texas Brine's Motion for Leave to Filed Amended and Supplemental Third-Party Demand and Cross-Claim by American Guarantee & Liability Insurance Co, Steadfast Insurance Company, Zurich American Insurance Company, Zurich Insurance Company. Motion(s) referred to Magistrate Michael B. North. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Mercer, Glen) Modified text on 12/31/2018 (sbs). Modified referral on 12/31/2018 (clc).
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Filing 1965
ORDER GRANTING #1964 Motion for Leave to File Opposition to Fourth Amended andSupplemental Class Action Complaint. Signed by Magistrate Judge Michael North on 12/20/18. (Reference: 12/20/18)(clc)
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Filing 1964
EXPARTE/CONSENT MOTION for Leave to File Opposition to #1821 MOTION for Leave to File Motion for Leave File Fourth Amended & Supplemental Class Action Complaint by Texas Brine Company, LLC(13-5016). Motion(s) referred to Michael North. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 13-5227)(Garner, James) Modified text on 12/20/2018 to add referral to magistrate judge and add link to document (ajn).
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Filing 1963
USCA Case Number 18-31153 appealed to USCA 5th Circuit for #1871 Notice of Cross Appeal, filed by Texas Brine Company, LLC. (Reference: All Cases)(ajn)
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Filing 1962
Electronic Record on Appeal Access Granted to the Attorneys of Record re #1848 Notice of Appeal, #1871 Notice of Cross Appeal,. USCA Case Number 18-31153. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (Reference: 12-cv-2059)(adp)
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Filing 1961
ORDER SETTING ORAL ARGUMENT on #1959 MOTION for Leave to File Corrected, Amended, and Supplemental Third-Party Demand and Cross-Claim for 1/9/2019 11:00 AM before Magistrate Judge Michael North. #1955 MOTION for Leave to File Amended, and Supplemental Third-Party Demand and Cross-Claim is dismissed as moot. Signed by Magistrate Judge Michael North on 12/12/18.(Reference: All Cases)(clc)
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Filing 1959
MOTION For Leave to File Corrected and Amended and Supplemental Third-Party Demand and Cross-Claim Against AIG and Zurich. Motion(s) will be submitted on 1/9/2019. Motion(s) referred to Michael North. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Pleading, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D) (Reference: 13-5227)(ajn) Modified text on 12/11/2018 to add referral to the magistrate judge ordered in M.E. doc. #1960 (ajn).
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Filing 1958
ORDER granting #1952 Motion to Seal Motion for Leave to File Corrected Amended and Supplemental Third-Party Demand and Cross-Claim against AIG and Zurich. Signed by Judge Jay C. Zainey on 12/6/2018. (Reference: 13-5227)(ajn)
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Filing 1960
Minute Entry for proceedings held before Judge Jay C. Zainey: A Status Conference held on 12/6/2018. The Court held a status conference in the Sanchez matter, which had been scheduled for a bellwether damages trial. The Court declined to schedule a new bellwether damages trial at this time. IT IS ORDERED that #1949 MOTION for Leave to File Discovery to AIG and Zurich Under Seal is DISMISSED AS MOOT; IT IS FURTHER ORDERED that #1956 MOTION to Stay is DENIED; IT IS FURTHER ORDERED that #1955 Sealed MOTION for Leave to File Amended and Supplemental Third-party Demand and Cross-Claim is REFERRED to Magistrate Judge North as well as #1959 Sealed Motion for Leave to File Corrected Amended and Supplemental Third-party Demand and Cross-Claim. IT IS FURTHER ORDERED that a follow-up Status Conference, for the Sanchez parties, is set for Wednesday, 1/16/2019 at 10:30 a.m. IN CHAMBERS before Judge Jay C. Zainey. (Attachments: #1 Attendance Record) (Reference: 13-5227) (NEF: Magistrate Judge North)(ajn)
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Filing 1956
MOTION to Stay re #1952 MOTION to Seal Motion for Leave to File Corrected, Amended and Supplemental Third-Party Demand and Cross-Claim, #1955 MOTION for Leave to File, #1949 MOTION for Leave to File Discovery to AIG and Zurich Under Seal by American Guarantee & Liability Insurance Co, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company, Zurich Insurance Company. Motion(s) will be submitted on 1/9/2019. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Reference: 13-5227)Attorney Glen Mercer added to party Zurich Insurance Company(pty:dft).(Mercer, Glen)
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Filing 1955
MOTION FOR LEAVE to File Amended and Supplemental Third-Party Demand and Cross-Claim against AIG Specialty Insurance Company, Lexington Insurance Company, Insurance Company of the State of Pennsylvania, Zurich American Insurance Company and American Guarantee and Liability Insurance Company. Motion(s) referred to Michael North. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Pleading, #4 Exhibit A-D) (Reference: 13-5227)(ajn) Modified on 12/5/2018 (jrc). Modified text on 12/11/2018 to add referral to magistrate judge ordered in M.E. doc. #1960(ajn).
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Filing 1954
ORDER granting #1951 Motion for Leave to File Amended and Supplemental Third-Party Demand and Cross-Claim against AIG and Zurich and the accompanying Amended and Supplemental Third-Party Demand and Cross-Claim against AIG and Zurich under seal. Signed by Judge Jay C. Zainey on 12/4/2018. (Reference: 13-5227)(ajn)
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Filing 1957
Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 12/4/2018. Negotiations were productive but unfortunately no resolution of the parties' claims could be achieved at this time. Further negotiations will proceed telephonically. (Reference: 13-5227)(clc)
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Filing 1952
EXPARTE/CONSENT MOTION to Seal Motion for Leave to File Corrected, Amended and Supplemental Third-Party Demand and Cross-Claim by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Pleading, #2 Proposed Order, #3 Notice of Manual Attachment)(Reference: 13-5227)(Garner, James)
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Filing 1951
EXPARTE/CONSENT MOTION to Seal Motion for Leave to File Amended and Supplemental Third-Party Demand and Cross-Claim by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Pleading, #2 Proposed Order, #3 Notice of Manual Attachment)(Reference: 13-5227)(Garner, James)
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Filing 1950
REPORT AND RECOMMENDATION NO.4 by Ralph Tureau. (Reference: 13-5227)(ajn)
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Filing 1949
EXPARTE/CONSENT MOTION for Leave to File Discovery to AIG and Zurich Under Seal by Texas Brine Company, LLC(13-5016). (Attachments: #1 Proposed Order)(Reference: 13-5227)(Garner, James)
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Filing 1953
Minute Entry for proceedings held 12/1/18 before Judge Jay C. Zainey. Telephone Conference held on 12/1/2018, Motions dismissed as moot: #1946 MOTION to Expedite Hearing on Motion to Exclude Plaintiffs' Expert, Norma Blanchard, from Testifying at Trial or, Alternatively, Motion to Prevent Norma Blanchard from Testifying About Reliance Materials Not Produced filed by Texas Brine Company, LLC, #1947 MOTION to Expedite Hearing on Motion to Restrict Glen Hickerson from Testifying at Trial filed by Texas Brine Company, LLC, #1945 MOTION to Exclude Plaintiffs' Expert, Norma Blanchard, from Testifying at Trial or, Alternatively, Motion to Prevent Norma Blanchard from Testifying About Reliance Materials Not Produced filed by Texas Brine Company, LLC, #1948 MOTION to Expedite Hearing on Motion in Limine to Exclude Mental Anguish Damages filed by Texas Brine Company, LLC, #1943 MOTION in Limine to Exclude Mental Anguish Damages filed by Texas Brine Company, LLC, #1944 MOTION to Restrict Glen Hickerson from Testifying at Trial filed by Texas Brine Company, LLC. Status Conference set for 12/6/2018 10:45 AM before Judge Jay C. Zainey. (Reference: 13-5227)(jrc)
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Filing 1948
MOTION to Expedite Hearing on Motion in Limine to Exclude Mental Anguish Damages by Texas Brine Company, LLC(13-5016). Motion(s) will be submitted on 12/3/2018. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Garner, James)
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Filing 1947
MOTION to Expedite Hearing on Motion to Restrict Glen Hickerson from Testifying at Trial by Texas Brine Company, LLC(13-5016). Motion(s) will be submitted on 12/3/2018. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Garner, James)
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Filing 1946
MOTION to Expedite Hearing on Motion to Exclude Plaintiffs' Expert, Norma Blanchard, from Testifying at Trial or, Alternatively, Motion to Prevent Norma Blanchard from Testifying About Reliance Materials Not Produced by Texas Brine Company, LLC(13-5016). Motion(s) will be submitted on 12/3/2018. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Garner, James)
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Filing 1945
MOTION to Exclude Plaintiffs' Expert, Norma Blanchard, from Testifying at Trial or, Alternatively, Motion to Prevent Norma Blanchard from Testifying About Reliance Materials Not Produced by Texas Brine Company, LLC(13-5016). Motion(s) will be submitted on 12/3/2018. (Attachments: #1 Memorandum in Support, #2 Exhibit 1-4, #3 Notice of Submission)(Reference: 13-5227)(Garner, James)
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Filing 1944
MOTION to Restrict Glen Hickerson from Testifying at Trial by Texas Brine Company, LLC(13-5016). Motion(s) will be submitted on 12/3/2018. (Attachments: #1 Memorandum in Support, #2 Exhibit 1-2, #3 Notice of Submission)(Reference: 13-5227)(Garner, James)
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Filing 1943
MOTION in Limine to Exclude Mental Anguish Damages by Texas Brine Company, LLC(13-5016). Motion(s) will be submitted on 12/3/2018. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Reference: 13-5227)(Garner, James)
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Filing 1942
RULING ON OBJECTIONS TO EXHIBITS AND MOTIONS IN LIMINE. Signed by Judge Jay C. Zainey. (Reference: 13-5227)(jrc)
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Filing 1941
ORDER granting #1939 Motion to Enroll as Counsel of Record for Attorney Chadwick J. Mollere, S. Suzanne Mahoney for AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Inscurance Company, National Union Fire Insurance Company of Pittsburgh, Pa. Signed by Judge Jay C. Zainey on 11/28/2018. (Reference: 13-5227)(mm)
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Filing 1940
ORDER granting #1933 Motion to Dismiss Party. Defendant Occidental Chemical Corporation terminated. Signed by Judge Jay C. Zainey on 11/27/2018. (Reference: 13-5045)(jeg)
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Filing 1939
EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Chad J. Mollere (Bar #26427) and S. Suzanne Mahoney (Bar #24536) by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Inscurance Company, National Union Fire Insurance Company of Pittsburgh, Pa. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Johnson, Mary) Modified text on 11/28/2018 (am).
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Filing 1938
Correction of Docket Entry by Clerk re #1936 Witness List. **Document lists counsel of record, Chad J. Mollere and S. Suzanne Mahoney, for a party in this action who have not been enrolled in this matter. Future filings which list attorneys not enrolled will not be accepted. Please file a motion and order to enroll additional counsel.** (Reference: 13-5227)(mm)
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Filing 1937
Correction of Docket Entry by Clerk re #1933 MOTION to Dismiss. **1. Filing attorney selected incorrect event. Correct event is MOTION to Dismiss Party. Clerk took corrective action. 2. Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?'. Exparte/Consent Motions are not set for submission. Clerk modified docket text to reflect 'Exparte' and removed submission date. 3. The title of the attached proposed order should not include the word Proposed but only reflect Order on the actual document. 4. Filing attorney did not enter additional filer(s) in the blank text box on the docket text screen. Clerk added filer(s).** (Reference: 13-5045)(mm)
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Filing 1936
Final Witness List by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Inscurance Company, National Union Fire Insurance Company of Pittsburgh, Pa. (Reference: 13-5227)(Johnson, Mary)
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Filing 1935
Witness List by Texas Brine Company, LLC(13-5016). (Reference: 13-5227)(Garner, James)
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Filing 1934
Final Witness List by All Plaintiffs. (Reference: 13-5227)(Centola, Lawrence)
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Filing 1933
EXPARTE/CONSENT Joint MOTION to Dismiss Occidental Chemical Corporation with Prejudice by Occidental Chemical Corporation, Grand Bayou Management,LLC, Super Stop Enterprises, Inc., Robert Sunshine,L.L.C., Roland J. Robert Distributor, Inc. (Attachments: #1 Proposed Order)(Reference: 13-5045)(Kristovich, Bethany) Modified filers/text/event on 11/27/2018 (mm).
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Filing 1932
PRETRIAL MEMORANDUM by American Guarantee & Liability Insurance Co, Steadfast Insurance Company, Zurich American Insurance Company. (Reference: 13-5227)(Mercer, Glen) Modified text on 11/27/2018 (mm).
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Filing 1931
Witness List by American Guarantee & Liability Insurance Co, Steadfast Insurance Company, Zurich American Insurance Company. (Reference: 13-5227)(Mercer, Glen) Modified text on 11/27/2018 (mm).
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Filing 1930
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #1906 MOTION in Limine to Preclude Plaintiffs' Introduction of Deposition Testimony of Bryan Woodward at the Bellwether Trial . (Reference: 13-5227)(Centola, Lawrence)
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Filing 1929
Correction of Docket Entry by Clerk re #1918 Proposed Jury Verdict Form. **Filing attorney incorrectly selected American Guarantee & Liability Insurance Co. and Steadfast Insurance Company as additional filers. Clerk took corrective action.** (Reference: 13-5227)(mm)
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Filing 1928
Correction of Docket Entry by Clerk re #1922 Objections. **Filing attorney did not select Lexington Insurance Company as a filer(s). Clerk added filer(s).** (Reference: 13-5227)(mm)
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Filing 1927
ORDER granting #1910 Motion for Joinder. Signed by Judge Jay C. Zainey. (Reference: 13-5227 Sanchez)(jrc)
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Filing 1926
ORDER Agreement as to peremptory challenges for the Sanchez bellwether damages trial. Signed by Judge Jay C. Zainey.(Reference: 13-5227 Sanchez)(jrc)
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Filing 1925
Proposed Supplement to Court's Voir Dire by Texas Brine Company, LLC(13-5016). (Reference: 13-5227)(Garner, James) Modified on text 11/23/2018 (mm).
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Filing 1924
OBJECTIONS by Texas Brine Company, LLC to Proposed Exhibits (Attachments: #1 Exhibit 21, #2 Exhibit 51a, #3 Exhibit 51b, #4 Exhibit 51c, #5 Exhibit 52, #6 Exhibit 57)(Reference: All Cases)(Garner, James) Modified text on 11/23/2018 (mm).
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Filing 1923
Proposed Jury Verdict Form by Texas Brine Company, LLC(13-5016). (Reference: 13-5227)(Garner, James)
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Filing 1922
OBJECTIONS by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, National Union Fire Insurance Company of Pittsburgh, Pa., Lexington Insurance Company Objection to Deposition Testimony of Bryan Woodward (Attachments: #1 Exhibit A)(Reference: 13-5227)(Johnson, Mary) Modified text on 11/23/2018 (mm).
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Filing 1921
PRETRIAL MEMORANDUM by Texas Brine Company, LLC. (Attachments: #1 Exhibit A)(Reference: 13-5227)(Garner, James) Modified text on 11/23/2018 (mm).
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Filing 1920
Proposed Voir Dire by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Inscurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. (Reference: 13-5227)(Johnson, Mary)
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Filing 1919
Proposed Jury Verdict Form by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Inscurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. (Reference: 13-5227)(Johnson, Mary)
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Filing 1918
Proposed Jury Verdict Form by Zurich American Insurance Company, Zurich Insurance Company. (Reference: 13-5227)(Mercer, Glen) Modified text on 11/23/2018 (mm).
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Filing 1917
Proposed Jury Instructions by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Inscurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. (Reference: 13-5227)(Johnson, Mary)
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Filing 1916
Proposed Jury Verdict Form by All Plaintiffs. (Reference: 13-5227)(Centola, Lawrence)
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Filing 1915
Proposed Jury Instructions by American Guarantee & Liability Insurance Co, Steadfast Insurance Company, Zurich American Insurance Company. (Reference: 13-5227)(Mercer, Glen) Modified text on 11/23/2018 (mm).
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Filing 1914
Proposed Voir Dire by All Plaintiffs. (Reference: 13-5227)(Centola, Lawrence)
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Filing 1913
OBJECTIONS by Texas Brine Company, LLC to Parties' Proposed Jury Charges (Reference: All Cases)(Garner, James) Modified text on 11/23/2018 (mm).
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Filing 1912
Proposed Jury Instructions by All Plaintiffs. (Reference: All Cases)(Centola, Lawrence) Modified text on 11/23/2018 (mm).
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Filing 1911
Proposed Jury Instructions by Texas Brine Company, LLC. (Reference: All Cases)(Garner, James) Modified text on 11/23/2018 (mm).
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Filing 1910
EXPARTE MOTION for Joinder and Adopt Texas Brine's Motion in Limine to Preclude Plaintiffs' Introduction of Deposition Testimony of Bryan Woodward at the Bellwether Trial and Incorporated Memorandum in Support by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa. Motion(s) will be submitted on 12/3/2018. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Notice of Submission)(Reference: 13-5227)(Johnson, Mary) Modified text on 11/21/2018 to remove referral to Magistrate Judge and add Exparte (ajn).
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Filing 1909
PRETRIAL ORDER for the December 3, 2018 Bellwether Damages Trial. Signed by Judge Jay C. Zainey.(Reference: 13-5227)(ajn)
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Filing 1908
ORDER granting #1905 Motion for Payment of Adminstrative Costs. Signed by Judge Jay C. Zainey on 11/20/2018. (Reference: 13-5227)(ajn)
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Filing 1906
MOTION in Limine to Preclude Plaintiffs' Introduction of Deposition Testimony of Bryan Woodward at the Bellwether Trial by Texas Brine Company, LLC(13-5016). Motion(s) will be submitted on 12/3/2018. (Attachments: #1 Memorandum in Support, #2 Exhibit A-B, #3 Notice of Submission)(Reference: 13-5227)(Garner, James)
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Filing 1907
Minute Entry for proceedings held before Judge Jay C. Zainey: Final Pretrial Conference held on 11/19/2018. Deadlines are set herein. A trial by JURY will commence at 8:30 a.m. on Monday, 12/3/2018. (Attachments: #1 Attendance Record) (Reference: 13-5227)(ajn)
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Filing 1905
EXPARTE/CONSENT MOTION Payment of Adminstrative Costs by Dianne Sanchez. (Attachments: #1 Proposed Order)(Reference: 13-5227)(Honeycutt, David)
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Filing 1904
NOTICE by Occidental Chemical Corporation re #1848 Notice of Appeal F.R.A.P. 10(b)(3)(A) Statement of Issues. (Reference: 12-2059, 12-2246, 12-2354, 12-2363, 12-2611, 13-4952, 13-5016, 13-5038, 13-6412, 13-6026 13-5045, 13-5227, 13-5408, 13-5563, 13-5549, 13-5793)(Kissel, Laura)
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Filing 1903
APPEAL TRANSCRIPT REQUEST by Occidental Chemical Corporation re #1848 Notice of Appeal. (Transcript is unnecessary for appeal purposes) (Reference: 12-2059, 12-2246, 12-2354, 12-2363, 12-2611, 13-4952, 13-5016, 13-5038, 13-6412, 13-6026 13-5045, 13-5227, 13-5408, 13-5563, 13-5549, 13-5793)(Kissel, Laura)
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Filing 1902
ORDER granting #1900 Motion Approving Special Master's Report and Recommendation No. 3. IT IS HEREBY ORDERED that the Special Master's Report and Recommendation No. 3 be approved and that the Special Master and Court Appointed Disbursing Agent shall proceed with notifying individual class members of their individual allocations in this matter. Signed by Judge Jay C. Zainey on 11/13/2018. (Reference: 13-5227)(ajn)
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Filing 1901
Proposed Pretrial Order Pre-trial Order for the December 3, 2018 Bellwether Damages Trial by Dianne Sanchez (Reference: 13-5227)(Centola, Lawrence)
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Filing 1900
EXPARTE/CONSENT MOTION Approving Special Master's Report and Recommendation No. 3 by Ralph Tureau, Special Master. (Attachments: #1 Proposed Order)(Reference: 13-5227)(ajn)
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Filing 1899
Exhibit List by American Guarantee & Liability Insurance Co, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company, Zurich Insurance Company. (Reference: 13-5227)(Mercer, Glen)
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Filing 1898
Witness List by American Guarantee & Liability Insurance Co, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company, Zurich Insurance Company. (Reference: 13-5227)(Mercer, Glen)
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Filing 1897
Exhibit List by Texas Brine Company, LLC(13-5016). (Reference: 13-5227)(Garner, James)
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Filing 1896
Witness List by Texas Brine Company, LLC(13-5016). (Reference: 13-5227)(Garner, James)
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Filing 1895
Final Exhibit List by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Inscurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. (Reference: 13-5227)(Johnson, Mary)
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Filing 1894
Final Witness List by AIG Specialty Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Inscurance Company, National Union Fire Insurance Company of Pittsburgh, Pa.. (Reference: 13-5227)(Johnson, Mary)
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Filing 1893
Correction of Docket Entry by Clerk re #1861 Response/Memorandum in Support of Motion. ***This filing was marked "DEFICIENT" in error. Leave of Court is not required per Minute Entry rec. doc. 1849. The deficiency has been removed.*** (Reference: 13-5227)(ajn)
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Filing 1892
Response/Reply in compliance with #1849 Minute Entry re #1821 Motion for Leave to File Fourth Amended Complaint by St. Paul Fire & Marine Insurance Company (Reference: 13-5227)(Schmeeckle, Seth) Modified text on 11/9/2018 (clc).
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Filing 1891
ORDER AND REASONS: IT IS ORDERED that #1837 Motion to Exclude Opinion and Testimony of Appraisal Experts is DENIED. Signed by Judge Jay C. Zainey on 11/9/2018. (Reference: 13-5227)(ajn)
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Filing 1890
ORDER AND REASONS: IT IS ORDERED that #1838 Combined Daubert Motion and Motion in Limine Regarding Value and Real Estate Marketability is GRANTED. IT IS FURTHER ORDERED that #1840 Motion in Limine to Preclude Expert Testimony on Matters Not Addressed in Expert Report is GRANTED. No party's experts will be allowed to offer opinions not contained in their reports. Signed by Judge Jay C. Zainey on 11/9/2018. (Reference: 13-5227)(ajn)
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Filing 1889
ORDER AND REASONS: IT IS ORDERED that #1839 Motion in Limine to Exclude Testimony of Norma Blanchard is DENIED as set out in document. Signed by Judge Jay C. Zainey on 11/9/2018. (Reference: 13-5227)(ajn)
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Filing 1888
ORDER AND REASONS: IT IS ORDERED that #1841 Motion for Partial Summary Judgment on Plaintiffs' Restoration Claims is DENIED. Signed by Judge Jay C. Zainey on 11/9/2018. (Reference: 13-5227)(ajn)
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Filing 1887
ORDER AND REASONS: IT IS ORDERED that #1835 Motion in Limine Exclude Certain Testimony of Texas Brine Expert William D. Barnhart is DENIED and IT IS FURTHER ORDERED that #1836 Motion in Limine to Exclude Testimony of Plaintiff's Expert R. Brent Bray is GRANTED IN PART AND DENIED IN PART as set out in document. Signed by Judge Jay C. Zainey on 11/9/2018. (Reference: 13-5227)(ajn)
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Filing 1886
Sur-Reply filed by Texas Brine Company, LLC, in Opposition of #1835 MOTION in Limine to . (Reference: 13-5227)(jeg)
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Filing 1885
ORDER granting #1869 Motion for Leave to File Sur-Reply. Signed by Judge Jay C. Zainey on 11/7/2018. (Reference: 13-5227)(jeg)
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Filing 1884
REPLY to Response to Motion filed by AIG Specialty Insurance Company, American Guarantee & Liability Insurance Co, National Union Fire Insurance Company of Pittsburgh, Pa., Steadfast Insurance Company, Zurich American Insurance Company re #1835 MOTION in Limine to . (Attachments: #1 Exhibit, #2 Exhibit)(Reference: 13-5227)(jeg)
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Filing 1883
ORDER RESETTING PRETRIAL CONFERENCE: IT IS ORDERED that the Final Pretrial Conference is reset for Thursday, 11/15/2018 at 2:30 PM in Chambers. IT IS FURTHER ORDERED that the pretrial order must be submitted by Tuesday, 11/13/2018 at 12:00 noon. Signed by Judge Jay C. Zainey on 11/7/2018. (Reference: 13-5227)(ajn)
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Filing 1882
ORDER granting #1868 Motion for Leave to File Reply Memorandum in further support of their Daubert Motion to Exclude Certain Testimony of Texas Brine's subsidence expert, Dr. William Barnhart. Signed by Judge Jay C. Zainey on 11/07/2018. (Reference: 13-5227)(jeg)
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Filing 1881
REPLY to Response to Motion filed by AIG Specialty Insurance Company, American Guarantee & Liability Insurance Co, National Union Fire Insurance Company of Pittsburgh, Pa., Steadfast Insurance Company, Zurich American Insurance Company, Zurich Insurance Company re #1836 MOTION in Limine to . (Attachments: #1 Exhibit)(Reference: 13-5227)(jeg)
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Filing 1880
ORDER granting #1867 Motion for Leave to File Reply Memorandum in further support of their Daubert Motion. Signed by Judge Jay C. Zainey on 11/07/2018. (Reference: 13-5227)(jeg)
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Filing 1879
USCA Case Number 18-31153 appealed to USCA 5th Circuit for #1848 Notice of Appeal filed by Occidental Chemical Corporation. (Reference: 12-2059)(ajn)
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Filing 1878
RESPONSE/MEMORANDUM in Opposition filed by AIG Specialty Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa., Zurich American Insurance Company re #1869 MOTION for Leave to File Sur-Reply in Opposition to Motion to Exclude William Barnhart . (Reference: 13-5227)(Johnson, Mary)
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Filing 1877
REPLY to Response to Motion filed by Texas Brine Company, LLC re #1837 MOTION to Exclude Opinion and Testimony of Appraisal Experts. (Attachments: #1 Exhibit)(Reference: 13-5227)(mm)
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Filing 1876
ORDER granting #1866 Motion for Leave to File Reply Brief. Signed by Judge Jay C. Zainey on 11/6/2018. (Reference: 13-5227)(mm)
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Filing 1875
REPLY to Response to Motion filed by Texas Brine Company, LLC re #1839 MOTION in Limine to Exclude Testimony of Plaintiffs' Expert, Norma Blanchard. (Attachments: #1 Exhibit)(Reference: 13-5227)(mm)
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Filing 1874
ORDER granting #1865 Motion for Leave to File Reply Brief. Signed by Judge Jay C. Zainey on 11/6/2018. (Reference: 13-5227)(mm)
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Filing 1873
REPLY to Response to Motion filed by Texas Brine Company, LLC re #1841 MOTION for Partial Summary Judgment on Plaintiffs' Restoration Claims. (Attachments: #1 Exhibit)(Reference: 13-5227)(mm)
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Filing 1872
ORDER granting #1864 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 11/6/2018. (Reference: 13-5227)(mm)
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Filing 1871
NOTICE OF CROSS APPEAL by Texas Brine Company, LLC(Doc. 123 & 125). (Filing fee $ 505 receipt number 053L-7217716) (Reference: 12-2059, 12-2246, 12-2354, 12-2363, 12-2611, 13-4952, 13-5016, 13-5045, 13-5227, 13-5804, 13-5563, 13-5549, 13-7793)(Garner, James)
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Filing 1870
Correction of Docket Entry by Clerk re #1867 Reply to Motion and #1868 Response/Memorandum in Support. ***Filing attorney selected incorrect event. Correct event for both filings is "Motion for Leave to File a Document". Clerk took corrective action by changing the event. No further action is necessary.*** (Reference: 13-5227)(ajn)
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Filing 1869
EXPARTE/CONSENT MOTION for Leave to File Sur-Reply in Opposition to Motion to Exclude William Barnhart by Texas Brine Company, LLC(13-5016), Texas Brine Company, LLC(13-6026), Texas Brine Company, LLC(Doc. 123 & 125), Texas Brine Company, LLC(12-2354), Texas Brine Company, LLC(13-5563), Texas Brine Company, LLC(13-5227). (Attachments: #1 Sur-Reply, #2 Order)(Reference: 12-2246, 12-2354, 12-2363, 12-2611, 13-4952, 13-5016, 13-5045, 13-5227, 13-5804, 13-5563, 13-5549, 13-7793)(Garner, James)
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Filing 1868
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support filed by AIG Specialty Insurance Company, AIG Specialty Insurance Company(Solely in its capacity as an alleged insurer of Adams Resources Exploration Corporation), AIG Specialty Insurance Company(solely in its capacity as an alleged insurer of Adams Resources Exploration Corporation), AIG Specialty Insurance Company(solely in its capacity as an alleged insurer of Occidental Chemical Corporation, Occidental Petroleum Corporation, and/or Oxy, Inc.), National Union Fire Insurance Company of Pittsburgh, Pa.(solely in its capacity as an alleged insurer of Occidental Chemical Corporation, Occidental Petroleum Corporation, and/or Oxy USA, Inc.), National Union Fire Insurance Company of Pittsburgh, Pa., National Union Fire Insurance Company of Pittsburgh, Pa.(solely in its capacity as an alleged insurer of Adams Resources Exploration Corporation), National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company, Zurich Insurance Company re #1835 MOTION in Limine. (Attachments: #1 Proposed Pleading, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Reference: 13-5227)(Mercer, Glen) Modified text on 11/6/2018 to correct event (ajn). (Attachment 2 replaced on 11/7/2018) (ajn).
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Filing 1867
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support filed by AIG Specialty Insurance Company, AIG Specialty Insurance Company(Solely in its capacity as an alleged insurer of Adams Resources Exploration Corporation), AIG Specialty Insurance Company(solely in its capacity as an alleged insurer of Adams Resources Exploration Corporation), AIG Specialty Insurance Company(solely in its capacity as an alleged insurer of Occidental Chemical Corporation, Occidental Petroleum Corporation, and/or Oxy, Inc.), American Guarantee & Liability Insurance Co, National Union Fire Insurance Company of Pittsburgh, Pa.(solely in its capacity as an alleged insurer of Occidental Chemical Corporation, Occidental Petroleum Corporation, and/or Oxy USA, Inc.), National Union Fire Insurance Company of Pittsburgh, Pa., National Union Fire Insurance Company of Pittsburgh, Pa.(solely in its capacity as an alleged insurer of Adams Resources Exploration Corporation), National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Steadfast Insurance Company((Doc. 1125)), Steadfast Insurance Company, Zurich American Insurance Company, Zurich Insurance Company re #1836 MOTION in Limine. (Attachments: #1 Proposed Pleading, #2 Exhibit, #3 Proposed Order)(Reference: 13-5227)(Mercer, Glen) Modified text on 11/6/2018 to correct event (ajn).
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