Coleman et al v. Sears Home Improvement Products, Inc.
Plaintiff: Coleman, Eva Coleman and Anthony Coleman
3Rd Party Plaintiff: Sears Home Improvement Products, Inc.
3Rd Party Defendant: Crawford & Company, Magnolia Roofing & Exteriors, Inc and Crawford & Company doing business as Strategic Warranty Services
Case Number: 2:2016cv02537
Filed: March 29, 2016
Court: US District Court for the Eastern District of Louisiana
Office: New Orleans Office
County: Jefferson
Presiding Judge: Nannette Jolivette Brown
Referring Judge: Michael North
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 16, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 16, 2017 Filing 211 STIPULATION of Voluntary Dismissal With Prejudice by Anthony Coleman, Eva Coleman, Crawford & Company, Magnolia Roofing & Exteriors, Inc, Sears Home Improvement Products, Inc. (Didriksen, Caleb) Modified text on 6/16/2017 (jls).
April 7, 2017 Opinion or Order Filing 210 ORDER DISMISSING CASE: IT IS HEREBY ORDERED that this action be and is hereby dismissed without costs and without prejudice to the right, upon good cause shown within sixty days, to reopen the action if settlement is not consummated. The Court retains jurisdiction to enforce the compromise agreed upon by the parties. IT IS FURTHER ORDERED that the parties be directed to file an appropriate order of dismissal as soon as the settlement documents are executed. If no motion to reopen is filed, the case is officially closed and the Clerk of Court shall be relieved of responsibility of sending out further notices in this matter.Signed by Judge Nannette Jolivette Brown on 4/7/2017.(mmv)
April 4, 2017 Filing 209 Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 4/4/2017. As a result of ongoing negotiations among the Court and the parties, a settlement agreement was reached, the material terms of which were memorialized on the record telephonically. (NEF: Judge Brown's Chambers) (Court Reporter Tana Hess.) (bwn)
April 3, 2017 Filing 208 NOTICE of Hearing. Scheduling Conference 4/6/2017 reset for 3:00 PM before case manager by telephone. By Clerk. (jrc)
March 30, 2017 Filing 206 NOTICE of Hearing. Scheduling Conference set for 4/6/2017 09:30 AM before case manager by telephone. By Clerk. (jrc)
March 29, 2017 Filing 207 Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 3/29/2017. Negotiations were productive but unfortunately no resolution of Plaintiffs' claims could be achieved at this time. Further negotiations will proceed telephonically. (bwn)
March 23, 2017 Opinion or Order Filing 205 ORDER SCHEDULING SETTLEMENT CONFERENCE for 3/29/2017 at 2:00 PM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North.(bwn)
March 23, 2017 Opinion or Order Filing 204 ORDER: IT IS HEREBY ORDERED that Defendant Sears Home Improvement Products, Inc.'s #170 Motion to Continue Trial Date and Scheduling Order Deadlines is GRANTED. IT IS FURTHER ORDERED that the Courts case manager will contact the parties to conduct a scheduling conference and set new pre-trial deadlines and a new trial date. IT IS FURTHER ORDERED that Plaintiffs' #143 Motion for New Deadlines and New Cutoffs is DENIED AS MOOT. Signed by Judge Nannette Jolivette Brown on 3/23/2017.(mmv)
March 21, 2017 Opinion or Order Filing 203 ORDER: IT IS HEREBY ORDERED that Defendant SHIP's #10 Motion to Dismiss Plaintiffs' original Petition is DENIED AS MOOT. IT IS FURTHER ORDERED that Defendant SHIP's #49 Motion to Dismiss Second Amended Complaint is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Plaintiffs are granted leave to amend their complaint by April 17, 2017, to address the issues identified by the Court. If Plaintiffs are unable to cure the deficiencies in the complaint by that time, upon motion of a party the Court will dismiss the following claims: (1) Plaintiffs' claim of redhibition; (2) Plaintiffs' claim of fraud; and (3) Plaintiffs' request for attorneys' fees. Signed by Judge Nannette Jolivette Brown on 3/21/2017. (mmv)
March 20, 2017 Opinion or Order Filing 202 ORDER: IT IS HEREBY ORDERED that the Defendant SHIP's #54 Motion to Strike Class Allegations is GRANTED. IT IS FURTHER ORDERED that Plaintiffs must amend their complaint to eliminate their class allegations by April 12, 2017. IT IS FURTHER ORDERED that Plaintiffs' precautionary #32 Motion to Certify Class and Plaintiffs' subsequent #134 Motion to Withdraw Motion to Certify Class and All Claims Related to the Proposed Class Action are DENIED AS MOOT. Signed by Judge Nannette Jolivette Brown on 3/20/2017. (mmv)
March 20, 2017 Opinion or Order Filing 201 ORDER: IT IS HEREBY ORDERED that Plaintiffs' #133 Motion to Withdraw Plaintiffs' #66 opposition to Defendant's Motion to Strike Class Claims is GRANTED. Signed by Judge Nannette Jolivette Brown on 3/20/2017. (mmv)
March 10, 2017 Filing 200 TRANSCRIPT of Motion Hearing held on February 22, 2017 before Judge Michael North. Court Reporter/Recorder Tana Hess, 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 6/8/2017. (rsg)
March 1, 2017 Filing 199 REPLY to Response to Motion filed by Anthony Coleman, Eva Coleman re #142 MOTION to Compel . (bwn)
March 1, 2017 Opinion or Order Filing 198 ORDER granting #178 Motion for Leave to File Reply in Support of Motion to Compel. Signed by Magistrate Judge Michael North. (bwn)
March 1, 2017 Filing 197 REPLY to Response to Motion filed by Magnolia Roofing & Exteriors, Inc re #156 MOTION for Summary Judgment to Dismiss Third Party Demand. (mmv)
March 1, 2017 Opinion or Order Filing 196 ORDER GRANTING #189 Motion for Leave to File Reply to Sears Home Improvement Products, Inc.'s Opposition to the Motion for Summary Judgment to Dismiss the Third Party Demand. Signed by Judge Nannette Jolivette Brown on 3/1/2017. (mmv)
March 1, 2017 Filing 195 Reply Memorandum filed by Magnolia Roofing & Exteriors, Inc, in Support of #157 MOTION for Summary Judgment based on Peremption. (mmv)
March 1, 2017 Opinion or Order Filing 194 ORDER GRANTING #188 Motion for Leave to File Reply Memorandum in Support of its Motion for Summary Judgment Based on Peremption. Signed by Judge Nannette Jolivette Brown on 3/1/2017. (mmv)
March 1, 2017 Filing 193 REPLY to Response to Motion filed by Magnolia Roofing & Exteriors, Inc re #158 MOTION in Limine to Strike Expert Opinion Testimony And Reports Of Plaintiffs Listed Expert Eric Geuldner. (mmv)
March 1, 2017 Opinion or Order Filing 192 ORDER GRANTING #187 Motion for Leave to File Reply to Plaintiff's Memorandum In Opposition To Motion In Limine To Strike Expert Opinion Testimony And Reports Of Plaintiff's Listed Expert Eric Geuldner. Signed by Judge Nannette Jolivette Brown on 3/1/2017. (mmv)
March 1, 2017 Filing 191 REPLY to Response to Motion filed by Crawford & Company re #163 MOTION for Summary Judgment . (mmv)
March 1, 2017 Opinion or Order Filing 190 ORDER GRANTING #186 Motion for Leave to File Reply to Oppositions to Motion forSummary Judgment. Signed by Judge Nannette Jolivette Brown on 3/1/2017. (mmv)
February 27, 2017 Filing 189 EXPARTE/CONSENT MOTION for Leave to File Reply to Motion for Summary Judgment, rec. doc. No. 156 by Magnolia Roofing & Exteriors, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Berger, Eric) Modified text on 3/1/2017 (mmv).
February 27, 2017 Filing 188 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Magnolia Roofing & Exteriors, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Penn, Ethan) Modified on 2/27/2017 to edit text. (clc).
February 27, 2017 Filing 187 EXPARTE/CONSENT MOTION for Leave to File Reply re Motion in Limine re Eric Gueldner, No. 158 by Magnolia Roofing & Exteriors, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Berger, Eric)
February 27, 2017 Filing 186 EXPARTE/CONSENT MOTION for Leave to File Reply to Oppositions to Motion for Summary by Plaintiffs and Sears Home Improvement Products, Inc. by Crawford & Company. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Emmett, Robert)
February 23, 2017 Filing 185 RESPONSE to Motion filed by Magnolia Roofing & Exteriors, Inc re #170 MOTION to Continue Trial Date and Scheduling Order Deadlines . (Berger, Eric)
February 22, 2017 Filing 184 Proceedings held before Magistrate Judge Michael North: Motion Hearing held on 2/22/2017 re #142 MOTION to Compel: Denied without prejudice. (Court Reporter Tana Hess.) (bwn)
February 22, 2017 Filing 183 Correction of Docket Entry by Clerk re #178 Amendment/Supplement to Document. **1) Filing attorney selected incorrect event. Correct event is MOTION for Leave to File Document. Clerk took corrective action by changing the event. **2) Filing attorney did not include a proposed order. Proposed Order subsequently provided to Clerk and has now been attached to the motion. **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 select category 'Proposed Pleading' when attaching document for which leave tofile is being requested. Clerk took corrective action.**(mmv)
February 22, 2017 Opinion or Order Filing 182 ORDER: IT IS HEREBY ORDERED that the Defendant's #171 Ex Parte Motion for Expedited Submission is GRANTED. IT IS FURTHER ORDERED that Defendant's #170 Motion to Continue Trial Date and Scheduling Order Deadlines is set for submission, without oral argument, on March 1, 2017 at 10:00 a.m., with any opposition due by February 28, 2017 at 5:00 p.m. Signed by Judge Nannette Jolivette Brown on 2/22/2017.(mmv)
February 22, 2017 Opinion or Order Filing 181 ORDER: IT IS HEREBY ORDERED that Defendant Magnolia Roofing And Exteriors, Inc.'s #157 Request for Oral Argument is DENIED. Signed by Judge Nannette Jolivette Brown on 2/22/2017.(mmv)
February 22, 2017 Opinion or Order Filing 180 ORDER: IT IS HEREBY ORDERED that Defendant Magnolia Roofing And Exteriors, Inc.'s #160 Request for Oral Argument is DENIED. Signed by Judge Nannette Jolivette Brown on 2/22/2017.(mmv)
February 22, 2017 Opinion or Order Filing 179 ORDER: IT IS HEREBY ORDERED that Defendant Magnolia Roofing And Exteriors, Inc.'s #159 Request for Oral Argument is DENIED. Signed by Judge Nannette Jolivette Brown on 2/22/2017.(mmv)
February 22, 2017 Filing 178 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion to Compel by Anthony Coleman, Eva Coleman. Motion(s) referred to Michael North. (Attachments: #1 Proposed Pleading- Reply)(Didriksen, Caleb) (Additional attachment(s) added on 2/22/2017: #2 Proposed Order) (mmv). Modified event/text/referral/removed linkage on 2/22/2017 (mmv).
February 22, 2017 Filing 177 Correction of Docket Entry by Clerk re #174 Response to Motion. **Filing attorney selected incorrect event. Correct event is RESPONSE/MEMORANDUM in Opposition to Motion. Clerk took corrective action by changing the event.** (mmv)
February 22, 2017 Filing 176 Correction of Docket Entry by Clerk re #173 Response to Motion. **Filing attorney selected incorrect event. Correct event is RESPONSE/MEMORANDUM in Opposition to Motion. Clerk took corrective action by changing the event.** (mmv)
February 22, 2017 Filing 175 Correction of Docket Entry by Clerk re #172 Reply to Response to Motion. **Filing attorney selected incorrect event. Correct event is RESPONSE/MEMORANDUM in Opposition to Motion. Clerk took corrective action by changing the event.** (mmv)
February 21, 2017 Filing 174 RESPONSE/MEMORANDUM in Opposition filed by Anthony Coleman, Eva Coleman re #158 MOTION in Limine to Strike Expert Opinion Testimony And Reports Of Plaintiffs Listed Expert Eric Geuldner . (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Didriksen, Caleb) Modified event/text on 2/22/2017 (mmv).
February 21, 2017 Filing 173 RESPONSE/MEMORANDUM in Opposition filed by Anthony Coleman, Eva Coleman re #163 MOTION for Summary Judgment . (Attachments: #1 Exhibit 1-Statement of Disputed Material Facts)(Didriksen, Caleb) Modified event/text on 2/22/2017 (mmv).
February 21, 2017 Filing 172 RESPONSE/MEMORANDUM in Opposition filed by Anthony Coleman, Eva Coleman re #157 MOTION for Summary Judgment based on Peremption . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E- Statement Disputed Material Facts, #6 Exhibit F, #7 Exhibit G)(Didriksen, Caleb) Modified event/text on 2/22/2017 (mmv).
February 21, 2017 Filing 171 EXPARTE/CONSENT MOTION to Expedite Submission of Motion to Continue Trial Date and Scheduling Order Deadlines by Sears Home Improvement Products, Inc. (Attachments: #1 Proposed Order)(Ehret, Leslie) Modified text on 2/22/2017 (mmv).
February 21, 2017 Filing 170 MOTION to Continue Trial Date and Scheduling Order Deadlines by Sears Home Improvement Products, Inc. Motion(s) will be submitted on 3/15/2017. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Ehret, Leslie) Modified text on 2/22/2017 (mmv).
February 21, 2017 Filing 169 RESPONSE/MEMORANDUM in Opposition filed by Sears Home Improvement Products, Inc. re #156 MOTION for Summary Judgment to Dismiss Third Party Demand by Magnolia. (Attachments: #1 Statement of Contested/Uncontested Facts)(Ehret, Leslie)
February 21, 2017 Filing 168 RESPONSE/MEMORANDUM in Opposition filed by Sears Home Improvement Products, Inc. re #157 MOTION for Summary Judgment by Magnolia Based on Peremption. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Statement of Contested/Uncontested Facts)(Ehret, Leslie)
February 21, 2017 Filing 167 RESPONSE/MEMORANDUM in Opposition filed by Sears Home Improvement Products, Inc. re #163 MOTION for Summary Judgment . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Statement of Contested/Uncontested Facts)(Ehret, Leslie)
February 17, 2017 Filing 166 **DEFICIENT** REPLY to Response to Motion filed by All Plaintiffs re #142 MOTION to Compel written discovery and Rule 30(b)(6) deposition of Defendant, SHIP. (Didriksen, Caleb) Modified on 2/21/2017 (mmv).
February 15, 2017 Filing 165 Proceedings held before Magistrate Judge Michael North: Motion Hearing held on 2/15/2017 re #137 MOTION for Leave to File First Amended Third-Party Complaint: Denied in light of the scheduling order presently in place in this litigation but without prejudice to SHIP's right to re-urge its motion if a new deadline within which to amend pleadings is established. (Court Reporter Karen Ibos.) (bwn)
February 14, 2017 Filing 164 RESPONSE/MEMORANDUM in Opposition filed by Sears Home Improvement Products, Inc. re #142 MOTION to Compel . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Ehret, Leslie)
February 14, 2017 Filing 163 MOTION for Summary Judgment by Crawford & Company. Motion(s) will be submitted on 3/1/2017. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Notice of Submission, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Emmett, Robert)
February 14, 2017 Filing 162 Correction of Docket Entry by Clerk re #157 MOTION for Summary Judgment . **Filing attorney attached a Request/Statement for Oral Argument to this motion instead of filing it as a separate entry. Clerk took corrective action by separating the request and docketing it as a separate entry. All future requests for oral argument must be filed separately.** (mmv)
February 13, 2017 Filing 161 Request/Statement of Oral Argument by Magnolia Roofing & Exteriors, Inc regarding #157 MOTION for Summary Judgment (mmv)
February 13, 2017 Filing 160 Request/Statement of Oral Argument by Magnolia Roofing & Exteriors, Inc regarding #156 MOTION for Summary Judgment to Dismiss Third Party Demand (Berger, Eric)
February 13, 2017 Filing 159 Request/Statement of Oral Argument by Magnolia Roofing & Exteriors, Inc regarding #158 MOTION in Limine to Strike Expert Opinion Testimony And Reports Of Plaintiffs Listed Expert Eric Geuldner (Berger, Eric)
February 13, 2017 Filing 158 MOTION in Limine to Strike Expert Opinion Testimony And Reports Of Plaintiffs Listed Expert Eric Geuldner by Magnolia Roofing & Exteriors, Inc. Motion(s) will be submitted on 3/1/2017. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Notice of Submission)(Berger, Eric)
February 13, 2017 Filing 157 MOTION for Summary Judgment based on Peremption by Magnolia Roofing & Exteriors, Inc. Motion(s) will be submitted on 3/1/2017. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Notice of Submission, #4 Request for Oral Argument, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Penn, Ethan) Modified text on 2/14/2017 (mmv).
February 13, 2017 Filing 156 MOTION for Summary Judgment to Dismiss Third Party Demand by Magnolia Roofing & Exteriors, Inc. Motion(s) will be submitted on 3/1/2017. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Statement of Contested/Uncontested Facts, #4 Notice of Submission)(Berger, Eric)
February 13, 2017 Filing 155 TRANSCRIPT of Motion Hearing held on January 18, 2017 before Judge Michael B. North. Court Reporter/Recorder Rebecca S. Gonzalez, Telephone number 504-589-7724. 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 5/15/2017. (rsg)
February 9, 2017 Filing 154 Witness List by Sears Home Improvement Products, Inc.. (Ehret, Leslie)
February 9, 2017 Filing 153 Witness List by Anthony Coleman, Eva Coleman. (Didriksen, Caleb)
February 8, 2017 Opinion or Order Filing 152 ORDER SETTING ORAL ARGUMENT - Oral argument on Plaintiffs' Motion to Compel Discovery Rule 30(b)(6) Deposition, and Written Discovery (rec. doc. 142) will be held on February 22, 2017 at 11:00 a.m. before Magistrate Judge Michael B. North, Courtroom B-407, Hale Boggs Building, 500 Poydras Street, New Orleans, Louisiana 70130. Signed by Magistrate Judge Michael North on 2/7/2017.(cg)
February 7, 2017 Filing 151 RESPONSE/MEMORANDUM in Opposition filed by Magnolia Roofing & Exteriors, Inc re #134 MOTION to Withdraw Document re #32 MOTION to Certify Class Action , #133 MOTION to Withdraw Document re #66 Response/Memorandum in Opposition to Motion . (Attachments: #1 Exhibit A)(Berger, Eric)
February 7, 2017 Filing 150 RESPONSE/MEMORANDUM in Opposition filed by Magnolia Roofing & Exteriors, Inc re #137 MOTION for Leave to File First Amended Third-Party Complaint . (Attachments: #1 Exhibit A, #2 Exhibit B)(Berger, Eric)
February 7, 2017 Filing 149 Correction of Docket Entry by Clerk re #142 MOTION to Compel . This filing was marked deficient in error. The filing is not deficient as the Rule 37 certificate is provided after the certificate of service on the Memorandum in Support. (mmv)
February 7, 2017 Filing 148 RESPONSE/MEMORANDUM in Opposition filed by Crawford & Company re #137 MOTION for Leave to File First Amended Third-Party Complaint . (Attachments: #1 Exhibit A, #2 Exhibit B)(Emmett, Robert)
February 7, 2017 Filing 147 Witness List by Crawford & Company. (Emmett, Robert)
February 7, 2017 Filing 146 Exhibit List by Crawford & Company. (Emmett, Robert)
February 7, 2017 Filing 145 Correction of Docket Entry by Clerk re #143 MOTION for Extension of Deadlines . **Filing attorney selected incorrect submission date. Correct date is 3/1/2017 before Judge Nannette Jolivette Brown. Clerk took corrective action.** (mmv)
February 6, 2017 Filing 144 Exhibit List by Sears Home Improvement Products, Inc.. (Ehret, Leslie)
February 6, 2017 Filing 143 MOTION for Extension of Deadlines by Anthony Coleman, Eva Coleman. Motion(s) will be submitted on 3/1/2017. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Didriksen, Caleb) Modified text/submission date on 2/7/2017 (mmv).
February 6, 2017 Filing 142 MOTION to Compel by Anthony Coleman, Eva Coleman. Motion(s) referred to Michael North. Motion(s) will be submitted on 2/22/2017. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Didriksen, Caleb) Modified on 2/7/2017 (mmv).
February 6, 2017 Filing 141 First Exhibit List by Anthony Coleman, Eva Coleman. (Didriksen, Caleb)
February 6, 2017 Filing 140 Exhibit List by Magnolia Roofing & Exteriors, Inc. (Berger, Eric)
February 6, 2017 Filing 139 Witness List by Magnolia Roofing & Exteriors, Inc. (Berger, Eric)
January 31, 2017 Opinion or Order Filing 138 ORDER SETTING ORAL ARGUMENT on #137 MOTION for Leave to File First Amended Third-Party Complaint for 2/15/2017 at 11:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North.(bwn)
January 30, 2017 Filing 137 MOTION for Leave to File First Amended Third-Party Complaint by Sears Home Improvement Products, Inc. Motion(s) referred to Michael North. Motion(s) will be submitted on 2/15/2017. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Notice of Submission, #5 Statement of Objection, #6 Proposed Pleading)(Ehret, Leslie) Modified text on 1/31/2017 (mmv).
January 30, 2017 Filing 136 AMENDED Correction of Docket Entry by Clerk re #134 MOTION to Withdraw Document re #32 MOTION to Certify Class Action , #133 MOTION to Withdraw Document re #66 Response/Memorandum in Opposition to Motion . **1) 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. **2) Filing attorney should have selected 'No' at the question 'Is this an Exparte/Consent Motion Y/N?'. Clerk took corrective action to set motions for submission on 2/15/2017 before Judge Nannette Jolivette Brown. No further action is necessary.** (mmv)
January 27, 2017 Filing 135 **DEFICIENT** EXPARTE/CONSENT MOTION to Compel by Anthony Coleman, Eva Coleman. Motion(s) referred to Michael North. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Notice of Submission, #7 Proposed Order)(Didriksen, Caleb) Modified on 1/30/2017 (mmv).
January 27, 2017 Filing 134 MOTION to Withdraw Document re #32 MOTION to Certify Class Action by Anthony Coleman, Eva Coleman. Motion(s) will be submitted on 2/15/2017. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)(Didriksen, Caleb) Modified text/removed referral/set for submission on 1/30/2017 (mmv).
January 27, 2017 Filing 133 MOTION to Withdraw Document re #66 Response/Memorandum in Opposition to Motion by Anthony Coleman, Eva Coleman. Motion(s) will be submitted on 2/15/2017. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)(Didriksen, Caleb) Modified text/removed referral/set for submission on 1/30/2017 (mmv).
January 23, 2017 Opinion or Order Filing 132 ORDER ON MOTION re #125 Motion to Compel Plaintiffs to Permit Expert Inspection of their Roof and for Attorney's fees: Dismissed as moot as the Court has been advised that an inspection date of January 24, 2017 has been agreed to by the parties. Signed by Magistrate Judge Michael North. (bwn)
January 19, 2017 Opinion or Order Filing 131 ORDER GRANTING #128 Motion to Enroll as Additional Counsel of Record for Attorney Kimberly C. Delk for Crawford & Company. Signed by Judge Nannette Jolivette Brown on 1/19/2017. (mmv)
January 18, 2017 Filing 130 Minute Entry: Proceedings held before Magistrate Judge Michael North: Motion Hearing held on 1/18/2017 re #119 MOTION for Leave to File Third Supplemental and Amending Complaint. Motion is Denied without prejudice in light of the class-related motions pending before the District Judge. (clc)
January 18, 2017 Opinion or Order Filing 129 ORDER: ORDERED that #126 Defendant's Ex Parte Motion for ExpeditedSubmission of Defendant's Motion to Compel Plaintiffs to Permit Expert Inspection of Their Roof and for Attorney's Fees is hereby GRANTED. The hearing date on #125 Defendant's Motion to Compel Plaintiffs to Permit Expert Inspection of Their Roof and for Attorney's Fees is set for the 25th day of January, 2017, at 11:00 a.m. Memorandum in opposition may be filed onor before January 23, 2017. Signed by Magistrate Judge Michael North on 1/18/17.(clc)
January 18, 2017 Filing 128 EXPARTE/CONSENT MOTION to Enroll as Additional Counsel of Record Kimberly C. Delk by Crawford & Company. (Attachments: #1 Proposed Order)(Emmett, Robert) Modified text on 1/18/2017 (mmv).
January 17, 2017 Filing 127 Correction of Docket Entry by Clerk re #125 MOTION to Compel Plaintiffs to Permit Expert Inspection of Their Roof and for Attorney's Fees, #126 MOTION to Expedite Submission of Motion to Compel Plaintiffs to Permit Expert Inspection of Their Roof and for Attorney's Fees. **The case caption of all future filings should remain as pleadings were captioned in state court.** (mmv)
January 17, 2017 Filing 126 EXPARTE/CONSENT MOTION to Expedite Submission of Motion to Compel Plaintiffs to Permit Expert Inspection of Their Roof and for Attorney's Fees rec. doc. 126 by Sears Home Improvement Products, Inc. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Ehret, Leslie) Modified text on 1/17/2017 (mmv).
January 17, 2017 Filing 125 MOTION to Compel Plaintiffs to Permit Expert Inspection of Their Roof and for Attorney's Fees by Sears Home Improvement Products, Inc. Motion(s) referred to Michael North. Motion(s) will be submitted on 2/1/2017. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Rule 37(a)(1) Certificate, #5 Notice of Submission)(Ehret, Leslie) Modified text on 1/17/2017 (mmv).
January 10, 2017 Filing 124 RESPONSE to Motion filed by Magnolia Roofing & Exteriors, Inc re #119 MOTION for Leave to File Third Supplemental and Amending Complaint . (Berger, Eric) Modified text on 1/11/2017 (mmv).
January 10, 2017 Filing 123 RESPONSE/MEMORANDUM in Opposition filed by Sears Home Improvement Products, Inc. re #119 MOTION for Leave to File Third Supplemental and Amending Complaint . (Ehret, Leslie) Modified text on 1/11/2017 (mmv).
January 9, 2017 Opinion or Order Filing 122 ORDER ON MOTION re #116 Motion for Protective Order: Granted as unopposed. If and when the R. 30(b)(6) deposition of Magnolia is scheduled, the scope of the deposition shall be limited consistent with the proposed order appended to Magnolias motion. (Rec. doc. 116-5). In light of this order, oral argument that was scheduled for January 11, 2017 at 11:00 a.m. is cancelled. Signed by Magistrate Judge Michael North. (bwn)
January 3, 2017 Opinion or Order Filing 121 ORDER SETTING ORAL ARGUMENT on #119 MOTION for Leave to File THIRD SUPPLEMENTAL AND AMENDING COMPLAINT for 1/18/2017 at 11:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North on 12/28/2016.(bwn)
December 27, 2016 Opinion or Order Filing 120 ORDER SETTING ORAL ARGUMENT on #116 MOTION for Protective Order for 1/11/2017 at 11:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North on 12/23/2016.(bwn)
December 27, 2016 Filing 119 MOTION for Leave to File THIRD SUPPLEMENTAL AND AMENDING COMPLAINT by Anthony Coleman, Eva Coleman. Motion(s) will be submitted on 1/18/2017. Motion referred to Mag.(5). (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Statement, #4 Proposed Pleading)(Didriksen, Caleb) Modified text/referral on 12/28/2016 (mmm).
December 22, 2016 Filing 118 **DEFICIENT** NOTICE by Anthony Coleman, Eva Coleman . (Attachments: #1 Memorandum in Support, #2 Statement, #3 Proposed Pleading)(Didriksen, Caleb) Modified on 12/23/2016 (cg).
December 21, 2016 Filing 117 Request/Statement of Oral Argument by Magnolia Roofing & Exteriors, Inc regarding #116 MOTION for Protective Order (Berger, Eric)
December 21, 2016 Filing 116 MOTION for Protective Order by Magnolia Roofing & Exteriors, Inc. Motion(s) referred to Michael North. Motion(s) will be submitted on 1/11/2017. (Attachments: #1 Memorandum in Support, #2 Exhibit A - G, #3 Errata Certificate of Conference per Rule 37 / 26(c), #4 Notice of Submission, #5 Proposed Order)(Berger, Eric)
December 19, 2016 Opinion or Order Filing 115 ORDER GRANTING #114 Motion to Enroll as Additional Counsel of Record. Signed by Judge Nannette Jolivette Brown on 12/19/2016. (mmv)
December 16, 2016 Filing 114 EXPARTE/CONSENT MOTION to Enroll as Additional Counsel of Record by Magnolia Roofing & Exteriors, Inc. (Attachments: #1 Proposed Order) Attorney Ethan N. Penn added to party Magnolia Roofing & Exteriors, Inc(pty:3pd).(Penn, Ethan) Modified text on 12/16/2016 (mmv).
November 9, 2016 Filing 113 REPLY to Response to Motion filed by Crawford & Company re #84 MOTION to Dismiss for Failure to State a Claim. (mmv)
November 9, 2016 Opinion or Order Filing 112 ORDER GRANTING #111 Motion for Leave to File Reply to Opposition to Motion to Dismiss Third Party Complaint Pursuant to Rule 12(B)(6). Signed by Judge Nannette Jolivette Brown on 11/9/2016. (mmv)
November 8, 2016 Filing 111 EXPARTE/CONSENT MOTION for Leave to File Reply to Opposition to Motion to Dismiss Third Party Complaint Pursuant to Rule 12(B)(6) by Crawford & Company. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Emmett, Robert) Modified text on 11/8/2016 (mmv).
October 28, 2016 Opinion or Order Filing 110 ORDER GRANTING #104 Motion for Extension of Time to File Class Action. **Plaintiffs are granted an additional 60 days, or until December 23, 2016, to file their motion to certify a class action. Signed by Judge Nannette Jolivette Brown on 10/28/2016. (mmv)
October 26, 2016 Opinion or Order Filing 109 ORDER granting #107 MOTION to Expedite. ORDER Setting Submission Date on #104 MOTION for Extension of Time to File; Motion will be submitted on 10/27/2016 5:00 PM. Signed by Judge Nannette Jolivette Brown.(jrc)
October 26, 2016 Filing 108 RESPONSE/MEMORANDUM in Opposition filed by Magnolia Roofing & Exteriors, Inc re #104 MOTION for Extension of Time to File Class Action, #107 MOTION to Expedite Consideration of Motion for Extension of Time to File Class Action . (Berger, Eric) Modified text on 10/27/2016 (mmv).
October 26, 2016 Filing 107 EXPARTE/CONSENT MOTION to Expedite Consideration of Motion for Extension of Time to File Class Action by Anthony Coleman, Eva Coleman. (Attachments: #1 Proposed Order)(Didriksen, Caleb) Modified text on 10/26/2016 (mmv).
October 26, 2016 Filing 106 Correction of Docket Entry by Clerk re #104 MOTION to Expedite Extension of Time to File. **1) Filing attorney selected incorrect event. Correct event is Motion for Extension of Time to File. Clerk took corrective action by changing the event. **2) 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. **3) Filing attorney provided incorrect submission/hearing date on Notice of Submission. Correct date is 1/18/2017 as provided in docket text. Clerk took corrective action.** (mmv)
October 25, 2016 Opinion or Order Filing 105 ORDER GRANTING #99 MOTION to Continue Submission Date. IT IS FURTHER ORDERED that Crawford's Motion to Dismiss for Failure to State a Claim Doc. No. #84 be and hereby is noticed for on November 9, 2016 at 10:00 a.m. Signed by Judge Nannette Jolivette Brown on 10/25/2016.(mmv)
October 25, 2016 Filing 104 MOTION for Extension of Time to File Class Action by Anthony Coleman, Eva Coleman. Motion(s) will be submitted on 1/18/2017. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Notice of Submission)(Didriksen, Caleb) Modified event/text/removed referral on 10/26/2016 (mmv).
October 25, 2016 Filing 103 Correction of Docket Entry by Clerk re #102 Request for Admissions. **Document has been stricken pursuant to Rule 5(d) of the FRCP.** (mmv)
October 25, 2016 Filing 102 **STRICKEN PURSUANT TO RULE 5(D) OF THE FRCP** REQUEST for Admissions by Anthony Coleman, Eva Coleman.(Didriksen, Caleb) Modified on 10/25/2016 (mmv).
October 20, 2016 Filing 101 Correction of Docket Entry by Clerk re #99 MOTION to Continue Submission Date. **The case caption of all future filings should remain as pleadings were captioned in state court.** (mmv)
October 20, 2016 Filing 99 EXPARTE/CONSENT MOTION to Continue Submission Date by Crawford & Company. (Attachments: #1 Proposed Order)(Emmett, Robert)
October 19, 2016 Opinion or Order Filing 100 ORDER GRANTING #97 Motion to Adopt Opposition to Motion to Certify Class. Signed by Judge Nannette Jolivette Brown on 10/19/2016. (mmv)
October 18, 2016 Filing 98 RESPONSE/MEMORANDUM in Opposition filed by Magnolia Roofing & Exteriors, Inc re #32 MOTION to Certify Class Action . (Attachments: #1 Exhibit A, Affidavit of Julie Bell)(Berger, Eric)
October 18, 2016 Filing 97 EXPARTE/CONSENT MOTION to Adopt Opposition to Motion to Certify Class by Crawford & Company. (Attachments: #1 Proposed Order)(Emmett, Robert)
October 18, 2016 Filing 96 RESPONSE/MEMORANDUM in Opposition filed by Sears Home Improvement Products, Inc. re #32 MOTION to Certify Class Action . (Ehret, Leslie)
October 18, 2016 Filing 95 RESPONSE/MEMORANDUM in Opposition filed by Sears Home Improvement Products, Inc. re #84 MOTION to Dismiss for Failure to State a Claim . (Ehret, Leslie)
October 14, 2016 Filing 94 TRANSCRIPT of Motion Hearing held on October 5, 2016 before Judge Michael North. Court Reporter/Recorder Lanie Smith, Telephone number 504-589-7782. 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 1/12/2017. (rsg)
October 5, 2016 Filing 93 Minute Order. Proceedings held before Magistrate Judge Michael North: Motion Hearing held on 10/5/2016 re #79 MOTION for Protective Order Limiting Plaintiffs' 30(b)(6) Deposition Notice and Records Deposition filed by Sears Home Improvement Products, Inc.: In light of the procedural posture of this case, discovery is presently limited to SHIP roof sales in Louisiana involving Owens Corning 25-year Supreme 3-tab shingle roofs that were installed by Magnolia and to customers who submitted complaints about, or had damage resulting from, those roofs. (Court Reporter Lanie Smith.) (bwn)
October 3, 2016 Opinion or Order Filing 92 ORDER: IT IS HEREBY ORDERED that the #89 Motion to Set Status Conference is DENIED. The Court does not conduct status conferences to decide motions. The motions are under consideration. Signed by Judge Nannette Jolivette Brown on 10/3/2016. (mmv)
October 3, 2016 Opinion or Order Filing 91 ORDER: IT IS HEREBY ORDERED that the #90 MOTION to Continue Submission of Plaintiffs' Motion to Certify Class Action is GRANTED. The submission date of Plaintiffs' Motion to Certify Class Action Rec. Doc. #32 is hereby continued and set for the 26th day of October, 2016, at 10:00 a.m. Signed by Judge Nannette Jolivette Brown on 10/3/2016.(mmv)
September 30, 2016 Filing 90 EXPARTE/CONSENT MOTION to Continue Submission of Plaintiffs' Motion to Certify Class Action by Sears Home Improvement Products, Inc.. (Attachments: #1 Proposed Order)(Ehret, Leslie)
September 30, 2016 Filing 89 EXPARTE/CONSENT MOTION to Set Status Conference by Sears Home Improvement Products, Inc.. (Attachments: #1 Proposed Order)(Ehret, Leslie)
September 29, 2016 Opinion or Order Filing 88 ORDER: IT IS HEREBY ORDERED that the #87 Unopposed Motion to Continue Submission of Crawford's Motion to Dismiss Third-Party Complaint is GRANTED. The submission date of Crawford & Company's Motion to Dismiss Third-Party Complaint Pursuant to Rule 12(b)(6) Rec. Doc. #84 is hereby continued and set for the 26th day of October, 2016, at 10:00 a.m. Signed by Judge Nannette Jolivette Brown on 9/29/2016.(mmv)
September 28, 2016 Filing 87 EXPARTE/CONSENT MOTION to Continue Submission of Crawford's Motion to Dismiss Third-Party Complaint rec doc 84 by Sears Home Improvement Products, Inc. (Attachments: #1 Proposed Order)(Ehret, Leslie) Modified text on 9/28/2016 (mmv).
September 23, 2016 Opinion or Order Filing 86 ORDER ON MOTION re #79 MOTION for Protective Order Limiting Plaintiffs' 30(b)(6) Deposition Notice and Records Deposition: Continued to October 5, 2016 at 11:00 a.m. Signed by Magistrate Judge Michael North on 9/22/2016.(bwn)
September 23, 2016 Filing 85 Correction of Docket Entry by Clerk re #84 MOTION to Dismiss. **Filing attorney selected incorrect event. Correct event is Motion to Dismiss for Failure to State a Claim. Clerk took corrective action by changing the event.** (mmv)
September 22, 2016 Filing 84 MOTION to Dismiss for Failure to State a Claim/FRCP 12(b)(6) re Third Party Complaint Pursuant to Rule 12(B)(6) by Crawford & Company. Motion(s) will be submitted on 10/12/2016. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Emmett, Robert) Modified event/text on 9/23/2016 (mmv).
September 13, 2016 Filing 83 RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #79 MOTION for Protective Order Limiting Plaintiffs' 30(b)(6) Deposition Notice and Records Deposition . (Attachments: #1 Exhibit 1 - OC Instructions, #2 Exhibit 2 - Warranty, #3 Exhibit 3 - SHIP Website, #4 Exhibit 4 - Milo Report, #5 Exhibit 5 - Gurtler Report, #6 Exhibit 6 - SHIP deposition, #7 Exhibit 7 - State Code chart, #8 Exhibit 8 - IBC Excerpt)(Didriksen, Caleb)
September 12, 2016 Filing 82 Statement of Corporate Disclosure by Magnolia Roofing & Exteriors, Inc (Berger, Eric)
September 12, 2016 Filing 81 ANSWER to #68 Third Party Complaint with Jury Demand by Magnolia Roofing & Exteriors, Inc.(Berger, Eric)
August 31, 2016 Opinion or Order Filing 80 ORDER SETTING ORAL ARGUMENT on #79 MOTION for Protective Order Limiting Plaintiffs' 30(b)(6) Deposition Notice and Records Deposition for 9/28/2016 at 11:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North.(bwn)
August 30, 2016 Filing 79 MOTION for Protective Order Limiting Plaintiffs' 30(b)(6) Deposition Notice and Records Deposition by Sears Home Improvement Products, Inc. Motion(s) referred to Michael North. Motion(s) will be submitted on 9/28/2016. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H)(Ehret, Leslie) Modified text on 8/30/2016 (mmv).
August 26, 2016 Opinion or Order Filing 78 ORDER GRANTING #77 Motion for Extension of Time to Answer re #68 Third Party Complaint as to Crawford & Company answer due 9/23/2016. Signed by Judge Nannette Jolivette Brown on 8/26/2016. (mmv)
August 25, 2016 Filing 77 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #68 Third Party Complaint by Crawford & Company. (Attachments: #1 Proposed Order)(Emmett, Robert)
August 22, 2016 Opinion or Order Filing 76 ORDER GRANTING #75 Motion for Extension of Time to Answer re #68 Third Party Complaint as to Magnolia Roofing & Exteriors, Inc. answer due 9/12/2016. Signed by Judge Nannette Jolivette Brown on 8/22/2016. (mmv)
August 22, 2016 Filing 75 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #68 Third Party Complaint by Magnolia Roofing & Exteriors, Inc. (Attachments: #1 Proposed Order)Attorney Eric B. Berger added to party Magnolia Roofing & Exteriors, Inc(pty:3pd).(Berger, Eric)
August 16, 2016 Filing 74 REPLY to Response to Motion filed by Sears Home Improvement Products, Inc. re #54 MOTION to Strike Class Allegations. (my)
August 16, 2016 Opinion or Order Filing 73 ORDER granting #72 Motion for Leave to File Reply Memorandum. Signed by Judge Nannette Jolivette Brown on 8/16/2016. (my)
August 12, 2016 Filing 72 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Strike Class Allegations by Sears Home Improvement Products, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Ehret, Leslie)
August 11, 2016 Filing 71 Summons Issued as to Crawford & Company, Magnolia Roofing & Exteriors, Inc. (Attachments: #1 Summons)(mmv)
August 11, 2016 Filing 70 Summons Submitted for Issuance (Ehret, Leslie)
August 11, 2016 Filing 69 Summons Submitted for Issuance (Ehret, Leslie)
August 10, 2016 Filing 68 THIRD PARTY COMPLAINT against Crawford & Company, Magnolia Roofing & Exteriors, Inc filed by Sears Home Improvement Products, Inc..(cml)
August 10, 2016 Opinion or Order Filing 67 ORDER ON MOTION: ORDERED that #43 Motion for Leave to File Third-Party Complaint is GRANTED; the #46 Motion for Leave to File Second Supplemental and Amending Class Action Complaint is DISMISSED AS MOOT. Signed by Magistrate Judge Michael North on 8/9/2016. (cml)
August 9, 2016 Filing 66 **WITHDRAWN PER ORDER, REC. DOC. 201** RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #54 MOTION to Strike Class Allegations . (Attachments: #1 Exhibit 1 - SHIP Deposition, #2 Exhibit 2 - SWS Deposition)(Didriksen, Caleb) Modified on 3/21/2017 (mmv).
August 9, 2016 Opinion or Order Filing 64 ORDER denying #62 Motion for Leave to File Supplemental Memorandum in Support of Plaintiffs Motion to file Second Supplemental and Amending Petition, rec. doc #46. Signed by Magistrate Judge Michael North on 8/8/2016. (cml)
August 9, 2016 Opinion or Order Filing 63 ORDER Canceling Oral Argument on #43 MOTION for Leave to File Third Party Complaint, #46 MOTION for Leave to File Second Supplemental And Amending Class Action Complaint for Redhibition, Damages, Breach of Contract, Fraud and Attorneys Fees. The Motion(s) will be decided ON THE BRIEFS. Signed by Magistrate Judge Michael North on 8/8/2016.(cml)
August 8, 2016 Opinion or Order Filing 65 ORDER granting #57 Motion to Withdraw Document, withdrawing #41 Motion to Quash. Signed by Magistrate Judge Michael North. (lag)
August 8, 2016 Filing 62 EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum in Support of Plaintiffs Motion to file Second Supplemental and Amending Petition, rec. doc #46 by Anthony Coleman, Eva Coleman. Motion(s) referred to Michael North. (Attachments: #1 Proposed Pleading, #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, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Proposed Order)(Didriksen, Caleb) Modified text on 8/8/2016 (mmv).
August 8, 2016 Filing 61 Correction of Docket Entry by Clerk re #60 MOTION for Leave to File Plaintiffs supplemental memorandum in support of plaintiffs motion to file plaintiffs second supplemental and amending petition. **Filing attorney did not select category 'Proposed Pleading' when attaching document for which leave to file is being requested. Clerk took corrective action.** (mmv)
August 5, 2016 Filing 60 **FILED IN ERROR- SEE CORRECT DOC #62** EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum in Support of Plaintiffs Motion to file Second Supplemental and Amending Petition, rec. doc #46 by Anthony Coleman, Eva Coleman. Motion(s) referred to Michael North. (Attachments: #1 Proposed Pleading, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 18, #5 Proposed Order)(Didriksen, Caleb) Modified on 8/8/2016 (mmv).
August 4, 2016 Opinion or Order Filing 59 ORDER re #55 Response/Memorandum in Opposition to Motion filed by Anthony Coleman, Eva Coleman. Signed by Magistrate Judge Michael North.(bwn)
August 4, 2016 Filing 58 Correction of Docket Entry by Clerk re #57 MOTION to Withdraw Document re #41 MOTION to Quash . **Filing attorney should have 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 magistrate judge. Clerk took corrective action.** (mmv)
August 4, 2016 Filing 57 EXPARTE/CONSENT MOTION to Withdraw Document re #41 MOTION to Quash by Crawford & Company. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Emmett, Robert) Modified to add referral on 8/4/2016 (mmv).
August 4, 2016 Filing 56 **DEFICIENT** EXPARTE/CONSENT MOTION to Withdraw Document re #41 MOTION to Quash Subpoena by Crawford & Company. (Attachments: #1 Proposed Order)(Emmett, Robert) Modified on 8/4/2016 (mmv).
August 2, 2016 Filing 55 RESPONSE/MEMORANDUM in Opposition filed by Anthony Coleman, Eva Coleman re #43 MOTION for Leave to File Third Party Complaint . (Attachments: #1 Exhibit A, #2 Proposed Order)(Didriksen, Caleb)
August 1, 2016 Filing 54 MOTION to Strike Class Allegations by Sears Home Improvement Products, Inc.. Motion(s) will be submitted on 8/17/2016. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Ehret, Leslie)
July 27, 2016 Filing 53 Correction of Docket Entry by Clerk re #52 Response/Memorandum in Opposition to Motion. **All future filings must contain the entire case caption. The Court information was not included in the caption of this document. No further action necessary.** (mmv)
July 26, 2016 Filing 52 RESPONSE/MEMORANDUM in Opposition filed by Anthony Coleman, Eva Coleman re #49 MOTION to Dismiss for Failure to State a Claim as to Second Supplemental and Amending Class Action Complaint for Redhibition, Damages, Breach of Contract, Fraud and Attorney's Fees . (Didriksen, Caleb)
July 25, 2016 Filing 51 STATUS REPORT Joint by Eva Coleman, Anthony Coleman and by Sears Home Improvement Products, Inc. (Ehret, Leslie) Modified text/filers on 7/26/2016 (mmv).
July 20, 2016 Opinion or Order Filing 50 ORDER ON MOTION re #43 MOTION for Leave to File Third Party Complaint and #46 MOTION for Leave to File Second Supplemental And Amending Class Action Complaint for Redhibition, Damages, Breach of Contract, Fraud and Attorneys Fees: Continued to August 10, 2016 at 11:00 a.m. Signed by Magistrate Judge Michael North on 7/19/2016.(bwn)
July 18, 2016 Filing 49 MOTION to Dismiss for Failure to State a Claim as to Second Supplemental and Amending Class Action Complaint for Redhibition, Damages, Breach of Contract, Fraud and Attorney's Fees by Sears Home Improvement Products, Inc.. Motion(s) will be submitted on 8/3/2016. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Ehret, Leslie)
July 18, 2016 Opinion or Order Filing 48 ORDER SETTING ORAL ARGUMENT on #46 MOTION for Leave to File Second Supplemental And Amending Class Action Complaint for Redhibition, Damages, Breach of Contract, Fraud and Attorneys Fees for 7/27/2016 at 11:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North on 7/16/2016.(bwn)
July 14, 2016 Filing 47 Correction of Docket Entry by Clerk re #46 MOTION for Leave to File Second Supplemental And Amending Class Action Complaint for Redhibition, Damages, Breach of Contract, Fraud and Attorneys Fees; 1) Filing attorney should have selected No at the question 'Is this an Exparte/Consent Motion Y/N?'. Clerk took corrective action to set motion for submission on 7/27/2016before Magistrate Judge Michael North. 2) Filing attorney should have 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 magistrate judge. Clerk took corrective action. (cms)
July 13, 2016 Filing 46 MOTION for Leave to File Second Supplemental And Amending Class Action Complaint for Redhibition, Damages, Breach of Contract, Fraud and Attorneys Fees by Anthony Coleman, Eva Coleman. Motion(s) referred to Michael North. Motion(s) will be submitted on 7/27/2016. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Notice of Submission, #4 Statement, #5 Proposed Order)(Didriksen, Caleb) Modified to refer to Mag Judge, remove exparte from text & add submission date on 7/14/2016 (cms).
July 12, 2016 Opinion or Order Filing 45 ORDER SETTING ORAL ARGUMENT on #43 MOTION for Leave to File Third Party Complaint for 7/27/2016 at 11:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North.(bwn)
July 11, 2016 Opinion or Order Filing 44 ORDER SETTING ORAL ARGUMENT on #41 MOTION to Quash for 8/17/2016 at 11:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North.(bwn)
July 11, 2016 Filing 43 MOTION for Leave to File Third Party Complaint by Sears Home Improvement Products, Inc.. Motion(s) referred to Michael North. Motion(s) will be submitted on 7/27/2016. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Statement of Objection, #4 Proposed Pleading Third Party Complaint)(Ehret, Leslie)
July 11, 2016 Filing 42 Correction of Docket Entry by Clerk re #41 MOTION to Quash . **Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to bedecided by the Magistrate Judge Y/N?'. This motion will be decided by themagistrate judge. Clerk took corrective action.** (mmv)
July 8, 2016 Filing 41 MOTION to Quash by Crawford & Company. Motion(s) referred to Michael North. Motion(s) will be submitted on 8/17/2016. (Attachments: #1 Exhibit, #2 Notice of Submission, #3 Proposed Order, #4 Memorandum in Support)Attorney Elizabeth A. Rutledge added to party Crawford & Company(pty:rppla).(Rutledge, Elizabeth) Modified text/referral on 7/11/2016 (mmv).
July 8, 2016 Opinion or Order Filing 40 ORDER granting #37 MOTION to Continue Submission. ORDER Resetting submission on #32 MOTION to Certify Class Action for 10/12/2016. Signed by Judge Nannette Jolivette Brown.(jrc)
July 8, 2016 Opinion or Order Filing 39 ORDER granting #28 Motion for Extension of Time to File. Signed by Judge Nannette Jolivette Brown. (jrc)
July 8, 2016 Filing 38 **DEFICIENT** EXPARTE/CONSENT MOTION for Leave to File Plaintiffs' Second Supplemental and Amending Class Complaint for Redhibition, Damages, Breach of Contract, Fraud and Attorneys Fees by Anthony Coleman, Eva Coleman. Motion(s) referred to Michael North. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading, #3 Proposed Order, #4 Notice of Submission)(Didriksen, Caleb) Modified on 7/11/2016 (mmv).
July 7, 2016 Filing 37 EXPARTE/CONSENT MOTION to Continue Submission of Plaintiffs' Motion to Certify Class by Sears Home Improvement Products, Inc.. (Attachments: #1 Proposed Order)(Ehret, Leslie)
July 5, 2016 Opinion or Order Filing 36 ORDER granting #33 Motion to Substitute Benjamin Melvin Castoriano for Sears Home Improvement Products, Inc. Attorney Wade B. Hammett terminated. Signed by Judge Nannette Jolivette Brown. (jrc)
July 1, 2016 Filing 35 Second AMENDED COMPLAINT against Anthony Coleman, Eva Coleman filed by Anthony Coleman, Eva Coleman.(Didriksen, Caleb)
July 1, 2016 Filing 34 TRANSCRIPT of Motion Hearing held on June 29, 2016 before Judge Michael North. Court Reporter/Recorder Cathy Pepper, Telephone number 504-589-7779. 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 9/29/2016. (rsg)
June 30, 2016 Filing 33 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Benjamin M. Castoriano to be substituted in place of Wade B. Hammett by Sears Home Improvement Products, Inc.. (Attachments: #1 Proposed Order)(Ehret, Leslie)
June 30, 2016 Filing 32 MOTION to Certify Class Action by Anthony Coleman, Eva Coleman. Motion(s) will be submitted on 7/20/2016. (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 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Notice of Submission)(Didriksen, Caleb)
June 29, 2016 Filing 31 Minute Order. Proceedings held before Magistrate Judge Michael North: Motion Hearing held on 6/29/2016 re #23 MOTION to Quash Subpoena Served on Defendant: Granted. Requests under Rule 34 are the preferred method of seeking documents from a party. Defendant is thus to formally respond to Plaintiffs outstanding discovery requests (rec. doc. 1-2, pp. 2-5) on or before July 9, 2016. (Court Reporter Cathy Pepper.) (bwn)
June 29, 2016 Filing 30 **DEFICIENT**EXPARTE/CONSENT MOTION to Certify Class by Anthony Coleman, Eva Coleman. (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, #11 Notice of Submission)(Didriksen, Caleb) Modified on 6/30/2016 (cms).
June 28, 2016 Filing 29 **DEFICIENT**MOTION to Certify Class by Anthony Coleman, Eva Coleman. Motion(s) will be submitted on 7/28/2016. (Attachments: #1 Exhibit Exhibit 1 - Motion for Extension of Time to File Class Action, #2 Exhibit Exhibit 2 - Memorandum in Support of Motion for Extension of Time to File Class Action, #3 Exhibit Exhibit 3 - International Building Code Wind Zone Maps, #4 Exhibit Exhibit 4 - Excerpt of SHIP website, #5 Exhibit Exhibit 5 - Excerpt of Owens-Corning website, #6 Exhibit Exhibit 6 - Excerpts of Inspection Reports, #7 Exhibit Exhibit 7 - Excerpt of Report by Anthony Milo, #8 Exhibit Exhibit 8 - Excerpt of Michael Gurtler Report, #9 Exhibit Exhibit 9 - Excerpt of SHIP deposition, #10 Exhibit Exhibit 10 - Owens-Corning Warranty for Supreme 3-Tab Shingles)(Didriksen, Caleb) Modified on 6/29/2016 (cms).
June 28, 2016 Filing 28 EXPARTE/CONSENT MOTION for Extension of Time to File Class Action by Anthony Coleman, Eva Coleman. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order)(Didriksen, Caleb) Modified to remove referral on 6/28/2016 (cms).
June 24, 2016 Filing 27 **DEFICIENT**MOTION to Compel Rule 26 Disclosures by Anthony Coleman, Eva Coleman. Motion(s) referred to Michael North. Motion(s) will be submitted on 6/29/2016. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Didriksen, Caleb) Modified on 6/27/2016 (cms).
June 24, 2016 Filing 26 RESPONSE/MEMORANDUM in Opposition filed by Anthony Coleman, Eva Coleman re #23 MOTION to Quash Subpoena Served on Defendant, #24 MOTION to Expedite Submission of Motion to Quash Subpoena Served on Defendant Sears Home Improvement Products Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Didriksen, Caleb)
June 21, 2016 Opinion or Order Filing 25 ORDER GRANTING #24 MOTION to Expedite Submission of Motion to Quash Subpoena Served on Defendant. Oral argument on Defendants Motion to Quash Subpoena Served on Defendant is set for the 29th day of June, 2016, at 11:00 a.m. Signed by Magistrate Judge Michael North on 6/20/2016.(bwn)
June 17, 2016 Filing 24 EXPARTE/CONSENT MOTION to Expedite Submission of Motion to Quash Subpoena Served on Defendant by Sears Home Improvement Products, Inc.. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Ehret, Leslie)
June 17, 2016 Filing 23 MOTION to Quash Subpoena Served on Defendant by Sears Home Improvement Products, Inc.. Motion(s) referred to Michael North. Motion(s) will be submitted on 7/6/2016. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Notice of Submission)(Ehret, Leslie)
June 9, 2016 Opinion or Order Filing 22 SCHEDULING ORDER: Final Pretrial Conference set for 4/5/2017 03:00 PM before Judge Nannette Jolivette Brown. Jury Trial set for 4/24/2017 09:00 AM before Judge Nannette Jolivette Brown.Issued by Clerk for Judge Nannette Jolivette Brown. (Attachments: #1 Pretrial Notice Form, #2 Standing Order)(jrc)
June 6, 2016 Filing 21 Correction of Docket Entry by Clerk re #19 Request for Subpoenas; Document has been stricken pursuant to Rule 5(d) of the FRCP. (cms)
June 3, 2016 Filing 20 Statement of Corporate Disclosure by Sears Home Improvement Products, Inc. identifying Corporate Parent Sears Holding Corporation, Corporate Parent Sears, Roebuck and Co. for Sears Home Improvement Products, Inc. (Hammett, Wade)
June 2, 2016 Filing 19 **STRICKEN**Request for Subpoenas. 3 subpoenas issued by Anthony Coleman, Eva Coleman. (Attachments: #1 Subpoena, #2 Subpoena, #3 Subpoena)(Didriksen, Caleb) Modified on 6/3/2016 (cms).
May 24, 2016 Filing 18 REPLY to Response to Motion filed by Sears Home Improvement Products, Inc. re #10 MOTION to Dismiss for Failure to State a Claim . (ijg)
May 24, 2016 Opinion or Order Filing 17 ORDER granting #16 Motion for Leave to File Reply Memorandum. Signed by Judge Nannette Jolivette Brown. (ijg)
May 23, 2016 Filing 16 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Sears Home Improvement Products, Inc.. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Hammett, Wade)
May 17, 2016 Filing 15 RESPONSE/MEMORANDUM in Opposition filed by Anthony Coleman, Eva Coleman re #10 MOTION to Dismiss for Failure to State a Claim . (Attachments: #1 Exhibit OC Instructions, #2 Exhibit Sears Contract, #3 Exhibit SWS Inspection 1 2011, #4 Exhibit Sears Work Complete, #5 Exhibit Photos of Coleman roof, #6 Exhibit Petition, #7 Affidavit Anthony Coleman Affidavit, #8 Affidavit Ava Coleman Affidavit, #9 Exhibit Exceprt of International Building Codes, #10 Exhibit Deposition of SHIP, #11 Exhibit Deposition of one of SHIP's sub-contractors (Magnolia Roofing), #12 Exhibit Deposition of Expert Roofer (defense), Anthony Milo, #13 Exhibit Report of Milo and Harper, #14 Exhibit Report of Smith, #15 Exhibit REport of Gurtler, #16 Exhibit REport of Fisher, #17 Exhibit Inspection of Jones Roof)(Didriksen, Caleb)
May 17, 2016 Filing 14 NOTICE Scheduling Conference reset for 6/9/2016 2:00 PM before case manager by telephone. By Clerk.(jrc)
May 13, 2016 Opinion or Order Filing 13 ORDER granting #12 MOTION to Continue. ORDER Resetting submission on #10 MOTION to Dismiss for Failure to State a Claim Motion(s) will be submitted on 5/25/2016.. Signed by Judge Nannette Jolivette Brown on 5/12/16.(jrc)
May 10, 2016 Filing 12 EXPARTE/CONSENT Consent MOTION to Continue Submission date on Defendant's Motion to Dismiss by Anthony Coleman. (Attachments: #1 Proposed Order)(Didriksen, Caleb)
May 4, 2016 Filing 11 NOTICE Scheduling Conference set for 5/31/2016 02:15 PM before case manager by telephone. By Clerk. (jrc)
April 25, 2016 Filing 10 MOTION to Dismiss for Failure to State a Claim by Sears Home Improvement Products, Inc.. Motion(s) will be submitted on 5/11/2016. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Hammett, Wade)
April 8, 2016 Opinion or Order Filing 8 ORDER granting #5 Motion to Appear Pro Hac Vice Craig M. White. Signed by Judge Nannette Jolivette Brown on 4/7/16. (jrc)
April 7, 2016 Opinion or Order Filing 9 ORDER granting #7 Motion for Extension of Time to Answer re #1 Notice of Removal, as to Sears Home Improvement Products, Inc. answer due 4/26/2016. Signed by Judge Nannette Jolivette Brown on 4/7/16. (clc)
April 1, 2016 Filing 7 EXPARTE/CONSENT Ex Parte MOTION for Extension of Time to File Responsive Pleadings by Sears Home Improvement Products, Inc.. (Attachments: #1 Proposed Order)(Hammett, Wade)
April 1, 2016 Filing 6 Correction of Docket Entry by Clerk re #5 MOTION to Appear Pro Hac Vice by Craig M. White (Filing fee $ 100 receipt number 053L-5311894);**1) 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. 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 hearing. Clerk has removed hearing date.** (cms)
March 31, 2016 Filing 5 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice by Craig M. White (Filing fee $ 100 receipt number 053L-5311894) by Sears Home Improvement Products, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order, #5 Notice of Submission)(Ehret, Leslie) Modified to remove referral & submission date on 4/1/2016 (cms).
March 31, 2016 Filing 4 Notice of Compliance Pursuant to 28 U.S.C. 1447(b) by Sears Home Improvement Products, Inc. re #3 Order. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hammett, Wade)
March 30, 2016 Filing 3 Directive of the Court pursuant to 28 U.S.C. 1447(b) re #1 Notice of Removal. (cms)
March 30, 2016 Filing 2 Initial Case Assignment to Judge Nannette Jolivette Brown and Magistrate Judge Michael North. (jeg)
March 29, 2016 Filing 1 NOTICE OF REMOVAL from 24th Judicial District Court, Jefferson Parish, case number 756834 (Filing fee $ 400 receipt number 053L-5305124) filed by Sears Home Improvement Products, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)Attorney Wade B. Hammett added to party Sears Home Improvement Products, Inc.(pty:dft).(Hammett, Wade)

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Search for this case: Coleman et al v. Sears Home Improvement Products, Inc.
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Plaintiff: Coleman
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Plaintiff: Eva Coleman
Represented By: Jeremy J. Pichon
Represented By: Caleb Didriksen
Represented By: Carl Allen Woods, III
Represented By: Erin B. Saucier
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Plaintiff: Anthony Coleman
Represented By: Jeremy J. Pichon
Represented By: Caleb Didriksen
Represented By: Carl Allen Woods, III
Represented By: Erin B. Saucier
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3rd party plaintiff: Sears Home Improvement Products, Inc.
Represented By: Leslie Weill Ehret
Represented By: Craig M. White
Represented By: Wade B. Hammett
Represented By: Benjamin Melvin Castoriano
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3rd party defendant: Crawford & Company
Represented By: Kimberly C. Delk
Represented By: Robert S. Emmett
Represented By: Christopher Matthew Hannan
Represented By: Elizabeth A. Rutledge
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3rd party defendant: Magnolia Roofing & Exteriors, Inc
Represented By: Ethan N. Penn
Represented By: Eric B. Berger
Represented By: Sidney J. Angelle
Represented By: Lindsey Marie Devereux
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3rd party defendant: Crawford & Company doing business as Strategic Warranty Services
Represented By: Kimberly C. Delk
Represented By: Robert S. Emmett
Represented By: Christopher Matthew Hannan
Represented By: Elizabeth A. Rutledge
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