June 27, 2023 |
Filing
718
ORDER AND REASONS: denying 707 Motion to Stay Judgment, as stated herein. Signed by Judge Barry W Ashe on 06/27/2023. (am)
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January 11, 2023 |
Filing
681
ORDER AND REASONS: IT IS ORDERED that the amount of the attorney's fees and costs awarded to Travelers is hereby fixed in the amount of $1,012,310.18, which together with the $612,000.00 settlement payment Travelers is entitled to recover from the Indemnitors by virtue of exoneration and indemnification, makes for a total award of $1,624,310.18. Signed by Judge Barry W Ashe on 01/11/2023.(am)
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October 31, 2022 |
Filing
675
FINDINGS OF FACT AND CONCLUSIONS OF LAW: IT IS ORDERED that any and all claims the Indemnitors asserted against Travelers, including specifically FCIs complaint for breach of contract and declaratory judgment, are DISMISSED WITH PREJUDICE. IT IS F URTHER ORDERED that Travelers' crossclaim and third-party claim seeking contractual indemnification, reimbursement, attorneys fees, and a permanent injunction against the Indemnitors are GRANTED; IT IS FURTHER ORDERED that Travelers shall file on or before November 16, 2022, a memorandum, as stated herein. Signed by Judge Barry W Ashe on 10/31/2022.(am)
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December 30, 2021 |
Filing
587
ORDER & REASONS denying 580 Motion to Compel. Signed by Judge Barry W Ashe on 12/30/2021. (lag)
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November 15, 2021 |
Filing
577
ORDER AND REASONS: IT IS ORDERED that FCI's motion for reconsideration (R. Doc. 568 ) is DENIED in part and GRANTED in part, as stated herein. Signed by Judge Barry W Ashe on 11/15/2021. (am)
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May 12, 2021 |
Filing
545
ORDER AND REASONS: IT IS ORDERED that the objections of plaintiff Fucich Contracting, Inc. to the magistrate judge's ruling on the motion to compel 498 are SUSTAINED IN PART and OVERRULED IN PART, as set forth in document. Signed by Judge Barry W Ashe on 5/12/2021. (am)
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January 8, 2021 |
Filing
525
ORDER & REASONS denying 492 Motion in Limine to exclude all evidence and testimony related to, derived from, contained in, or extrapolated from documents not produced in discovery; denying 501 Motion to Strike for the reasons stated herein. Signed by Judge Barry W Ashe on 1/8/2021. (mm)
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November 4, 2020 |
Filing
474
ORDER: IT IS ORDERED that the 464 Motion to Quash the Notice of Corporate Deposition of Travelers Casualty and Surety Company of America with Incorporated Requests for Production of Documents is GRANTED. Signed by Chief Magistrate Judge Karen Wells Roby on November 4, 2020. (mp)
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October 14, 2020 |
Filing
463
MINUTE ENTRY & ORDER for proceedings held before Chief Magistrate Judge Karen Wells Roby: Motion Hearing held on 10/14/2020 re 447 Motion to Quash Notice of Video Deposition. IT IS ORDERED that the 447 Motion to Quash is GRANTED IN PART and DENIED IN PART as detailed herein. Signed by Chief Magistrate Judge Karen Wells Roby. (Court Reporter Cathy Pepper.) (mp)
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September 2, 2020 |
Filing
431
ORDER AND REASONS: DENYING 423 Motion to Bifurcate, as set forth in document. Signed by Judge Barry W Ashe on 09/02/2020. (am)
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June 3, 2020 |
Filing
422
ORDER AND REASONS denying 417 Motion for Entry of Judgment under Rule 54(b). Signed by Judge Barry W Ashe on 6/3/2020. (clc)
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April 24, 2020 |
Filing
416
ORDER AND REASONS: ORDERED that Philadelphia Gear's 390 motion to dismiss is GRANTED. Signed by Judge Barry W Ashe on 4/24/2020. (clc)
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December 17, 2019 |
Filing
373
ORDER AND REASONS: IT IS ORDERED that Philadelphia Gear's motions to dismiss (R. Docs. 315 & 316 ) are GRANTED and SKAs third-party claim is hereby dismissed. Signed by Judge Barry W Ashe on 12/17/2019. (am)
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August 21, 2019 |
Filing
300
ORDER AND REASONS - IT IS ORDERED that FCI's Motion for Partial Summary Judgment (Rec. Doc. 51 ) is DENIED. IT IS FURTHER ORDERED that FCI's Second Motion for Partial Summary Judgment (Rec. Doc. 181 ) is DENIED. Signed by Judge Barry W Ashe on 8/20/2019. (sa)
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June 24, 2019 |
Filing
258
ORDER ADOPTING REPORT AND RECOMMENDATIONS, Rec. Doc. 244 . IT IS ORDERED that the Motion to Enforce Settlement Agreements (Rec. Doc. 195 ) is DENIED. Signed by Judge Barry W Ashe on 6/24/2019.(sa)
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April 19, 2019 |
Filing
184
ORDER AND REASONS - IT IS ORDERED that Travelers' application for preliminary injunction (Rec. Doc. 140 ) is GRANTED in part. However, the Court reserves decision on the amount of collateral sufficient to discharge Travelers' loss or antic ipated loss, so no preliminary injunction will issue until the amount of collateral the Indemnitors are to provide is determined. IT IS FURTHER ORDERED that Travelers shall file a memorandum, which is to address the amount of collateral sufficient to discharge its loss or anticipated loss, NO LATER THAN Wednesday, May 1, 2019, and that the Indemnitors shall file a memorandum in response NO LATER THAN Wednesday, May 15, 2019. The Court shall hear ARGUMENT on this issue on Friday, May 17, 2019, at 9:00 a.m. IT IS FURTHER ORDERED that FCI's motion for preliminary injunction (Rec. Doc. 119 ) and the Indemnitors' application for a preliminary injunction (Rec. Doc. 157 ) are DENIED insofar as they seek to enjoin Travelers from exercis ing its right to demand collateral under the Indemnity Agreement. IT IS FURTHER ORDERED that the Indemnitors' motion to expedite hearing on their application for preliminary injunction (Rec. Doc. 159 ), having been effectively granted by the Court in holding the January 9, 2019 hearing, is DENIED AS MOOT. Signed by Judge Barry W Ashe on 4/19/2019. (NEF: Mag. 4)(sa)
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August 21, 2018 |
Filing
61
ORDER AND REASONS - IT IS ORDERED that Defendant St. Bernard Parish's 53 motion to continue and request for additional discovery be and hereby is GRANTED. Plaintiff Fucich Contracting, Inc.'s 51 motion for partial summary judgment shal l be submitted on Wednesday, October 31, 2018 to allow time for additional discovery. IT IS FURTHER ORDERED that Defendant St. Bernard Parish's opposition to Plaintiff FCI's motion for partial summary judgment be filed by no later than Tuesday, October 23, 2018. IT IS FURTHER ORDERED that Defendant St. Bernard Parish's 54 motion to expedite be and hereby is DENIED AS MOOT. Signed by Judge Susie Morgan. (bwn)
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