Bakay v. PosiGen, Inc.,et al
| Scott Vicknair Hair Amanda Bakay and Amanda Bakay |
| Thomas Neyhart, PosiGen Energy Efficiency of Louisiana, LLC, PosiGen, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc. and Tom Neyhart |
| 2:2018cv05902 |
| June 14, 2018 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Orleans |
| Dana Douglas |
| Greg Gerard Guidry |
| Daniel E Knowles |
| Susie Morgan |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 16, 2019. A more recent docket listing may be available from PACER.
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Filing 61
ORDER DISMISSING CASE. Signed by Judge Greg Gerard Guidry on 7/16/2019.(lag)
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Filing 60
NOTICE by Amanda Bakay, PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc., PosiGen, LLC of Settlement (Joint Notice). (May, Adrienne) Modified text/filers on 7/15/2019 (am).
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Filing 59
ORDER TRANSFERRING CASE. Case transferred to Judge Greg Gerard Guidry. Judge Susie Morgan no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown.(bwn)
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Filing 58
ORDER granting #54 Motion to Substitute Attorney. Added attorney John Eric Bicknell, Jr for Amanda Bakay. Attorney Sarah Mae Kalis terminated. Signed by Judge Susie Morgan on 5/28/2019. (sbs)
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Filing 57
STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL MATERIAL. Signed by Magistrate Judge Dana Douglas on 5/28/2019. (cg)
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Filing 56
Correction of Docket Entry by Clerk re #55 Joint MOTION for Entry of Protective Order. **Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary.** (sbs)
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Filing 55
EXPARTE/CONSENT Joint MOTION for Entry of Protective Order by Amanda Bakay, PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc., PosiGen, LLC. Motion(s) referred to Dana Douglas. (Attachments: #1 Proposed Order)(May, Adrienne) Modified text and added filer on 5/28/2019 (sbs).
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Filing 54
EXPARTE/CONSENT MOTION to Substitute Counsel of Record John E. Bicknell, Jr. to be substituted in place of Sarah M. Kalis by Amanda Bakay. (Attachments: #1 Proposed Order)(Hair, Galen) Modified text on 5/28/2019 (sbs).
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Filing 53
Correction of Docket Entry by Clerk re #52 Answer to Amended Complaint. **Document contains incorrect Magistrate Judge. All future filings must reflect Magistrate Judge 3, Dana M. Douglas.** (sbs)
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Filing 52
ANSWER to #50 Amended Complaint by PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc., PosiGen, LLC.(Roussel, Elizabeth)
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Filing 51
ORDER - IT IS ORDERED that Defendants' #35 Motion for Summary Judgment is DENIED WITHOUT PREJUDICE TO REFILING, if appropriate in light of the Amended Complaint. Signed by Judge Susie Morgan. (bwn)
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Filing 50
SECOND AMENDED COMPLAINT against Tom Neyhart, PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc., PosiGen, LLC filed by Amanda Bakay.(caa)
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Filing 49
ORDER that the Motion for Leave to File Second Amended Complaint #40 is GRANTED AS UNOPPOSED. Signed by Magistrate Judge Dana Douglas on 2/4/2019. (caa)
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Filing 48
REPLY to Response to Motion filed by PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc., PosiGen, LLC re #35 MOTION for Partial Summary Judgment. (sbs)
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Filing 47
ORDER granting #45 Motion for Leave to File Reply. Signed by Judge Susie Morgan on 1/25/19. (sbs)
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Filing 46
ORDER - IT IS ORDERED that Plaintiff file by February 7, 2019, a response to #41 Defendants' statement of uncontested facts to admit or deny, specifically by number, the material facts represented by Defendants as uncontested. Specifically, in her response to Defendants' statement of uncontested facts, Plaintiff must explicitly state whether she admits or denies each fact stated in Defendants' statement of uncontested facts. When a fact is denied, Plaintiff must include specific references to documents in the record that support her denial of the fact. Signed by Judge Susie Morgan on 1/25/19.(sbs)
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Filing 45
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of #35 Motion for Partial Summary Judgment by PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc., PosiGen, LLC. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(May, Adrienne) Modified text on 1/22/2019 (sbs).
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Filing 44
ORDER that the Motion for Leave to File Second Amended Complaint #40 is SET FOR SUBMISSION ON THE BRIEFS before the undersigned Magistrate Judge on Wednesday, 1/30/2019 at 11:00 a.m. Any memorandum in opposition and any reply memorandum shall be filed in accordance with the Local Rules of this Court. Signed by Magistrate Judge Dana Douglas on 1/16/2019.(caa)
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Filing 43
NOTICE: Because R. Doc. #41 contains more than 50 pages, counsel shall deliver to chambers within 3 working days one hard copy of the submission in a binder as set forth in notice. Signed by Clerk.(bwn)
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Filing 42
Correction of Docket Entry by Clerk re #40 MOTION for Leave to File Second Amended Complaint. **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. The correct submission date for this motion is 1/30/19. Clerk took corrective action.** (sbs)
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Filing 41
RESPONSE/MEMORANDUM in Opposition filed by Amanda Bakay re #35 MOTION for Partial Summary Judgment. (Attachments: #1 Statement of Contested/Uncontested Facts, #2 Exhibit, #3 Exhibit)(Kalis, Sarah)
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Filing 40
MOTION for Leave to File Second Amended Complaint by Amanda Bakay. Motion(s) will be submitted on 1/30/2019. Motion(s) referred to Dana Douglas. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Notice of Submission, #4 Proposed Pleading)(Kalis, Sarah) Modified text and submission date on 1/16/2019 (sbs).
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Filing 39
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Dana Douglas. Magistrate Judge Daniel E. Knowles, III no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown.(ADI)
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Filing 38
Minute Entry for proceedings held before Judge Susie Morgan: Status Conference held on 1/3/2019. The parties discussed the status of the case. Defendants withdrew, without prejudice, as premature, their #35 Motion for Partial Summary Judgment with respect to Plaintiff's Title VII claim. The parties are reminded to contact the assigned magistrate judge as soon as possible for the purpose of scheduling a settlement conference, which must take place no later than October 19, 2019. (bwn)
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Filing 37
NOTICE: Because R. Doc. #35 contains more than 50 pages, counsel shall deliver to chambers within 3 working days one hard copy of the submission in a binder as set forth in notice. Signed by Clerk.(bwn)
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Filing 36
Correction of Docket Entry by Clerk re #35 MOTION for Partial Summary Judgment - All CM/ECF documents created via word-processing software should be saved as PDF files, not printed to hard copy and scanned. Within 3 working days, filing counsel is to provide the Court with a corrected version of their filing. The corrected version should be emailed to efile-morgan@laed.uscourts.gov. Within the email, filing counsel should include the case caption and document number the corrected version is in relation to. Please do not file the corrected version onto the record. For further information regarding which documents should or should not be scanned and filed onto the record, please visit http://www.laed.uscourts.gov/news/all-cmecf-documents-should-be-saved-pdf-files-and-not-printed-hard-copy-and-scanned (bwn)
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Filing 35
MOTION for Partial Summary Judgment by PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc., PosiGen, LLC. Motion(s) will be submitted on 1/23/2019. (Attachments: #1 Statement of Contested/Uncontested Facts, #2 Memorandum in Support, #3 Notice of Submission, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(May, Adrienne) (Main Document 35 and Attachments 1-3 replaced on 1/8/2019 with text searchable versions of the pdf documents) (tsf).
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Filing 34
ANSWER to #23 First Amended Complaint by PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc., PosiGen, LLC.(Roussel, Elizabeth) Modified text on 12/31/2018 (sbs).
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Filing 33
ORDER AND REASONS - IT IS ORDERED that the Defendants #25 motion to dismiss for failure to state a claim is GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED that Plaintiff's claims under the Louisiana Employment Discrimination Law are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Plaintiff's claims for wages through May 18, 2018, premised on Louisiana Civil Code article 2749 are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Plaintiff's request to conduct additional discovery is DENIED as moot. Plaintiff's claims under Title VII, the LWPA, and for intentional infliction of emotional distress remain. Signed by Judge Susie Morgan. (bwn)
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Filing 32
REPLY in Support of #25 MOTION to Dismiss for Failure to State a Claim, by PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc., PosiGen, LLC. (May, Adrienne) Modified text on 12/11/2018 (sbs).
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Filing 31
RESPONSE/MEMORANDUM in Opposition filed by Amanda Bakay re #25 MOTION to Dismiss for Failure to State a Claim. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Kalis, Sarah)
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Filing 30
ORDER granting #29 Motion to Enroll Additional Counsel of Record for Attorney Adrienne C. May for PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc., PosiGen, LLC. Signed by Judge Susie Morgan on 12/4/18. (sbs)
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Filing 29
EXPARTE/CONSENT MOTION to Enroll Additional Counsel of Record Adrienne C. May by PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc., PosiGen, LLC. (Attachments: #1 Proposed Order)(Roussel, Elizabeth) Modified text on 12/4/2018 (sbs).
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Filing 28
Correction of Docket Entry by Clerk re #27 Statement of Corporate Disclosure. **Filing attorney did not select Thomas Neyhart as a filer. Clerk added filer.** (sbs)
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Filing 27
Statement of Corporate Disclosure by All Defendants identifying Corporate Parent PosiGen, Inc. for PosiGen, LLC; Corporate Parent PosiGen, LLC for PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC. (Williams, Graham) Modified text on 11/16/2018 (sbs).
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Filing 26
Correction of Docket Entry by Clerk re #25 MOTION to Dismiss for Failure to State a Claim. **Filing attorney incorrectly selected Tom Neyhart as a filer. Correct filers are PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc., and PosiGen, LLC. Clerk took corrective action. ALSO, filing attorney selected incorrect submission/hearing date. Correct date is 12/12/18. Clerk took corrective action.** (sbs)
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Filing 25
MOTION to Dismiss for Failure to State a Claim by PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc., PosiGen, LLC. Motion(s) will be submitted on 12/12/2018. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Williams, Graham) Modified filers and text on 11/15/2018 (sbs).
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Filing 24
ORDER - IT IS ORDERED that Defendants' #8 motion to dismiss is DENIED WITHOUT PREJUDICE AS MOOT. Defendants are free to re-urge their motion to dismiss in a timely fashion. Signed by Judge Susie Morgan. (bwn)
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Filing 23
First AMENDED COMPLAINT with Jury Demand against All Defendants filed by Amanda Bakay.(Kalis, Sarah)
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Filing 22
SCHEDULING ORDER: Status Conference set for 1/3/2019 at 9:00 AM before Judge Susie Morgan. Final Pretrial Conference set for 10/3/2019 at 10:00 AM before Judge Susie Morgan. 4 day Jury Trial set for 10/21/2019 at 9:00 AM before Judge Susie Morgan. All discovery must be completed by 8/13/2019. (Attachments: #1 Pretrial Notice Form)(bwn)
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Filing 21
ORDER - IT IS ORDERED that Plaintiff file an amended complaint to address the issues raised in Defendants' #8 motion to dismiss no later than Wednesday, October 31, 2018. IT IS FURTHER ORDERED that if the Plaintiff files on or before Wednesday, October 31, 2018, an amended complaint in accordance with this order, the motion to dismiss will be dismissed without prejudice. IT IS FURTHER ORDERED that Defendant's #18 motion for leave to file a reply in support of its motion to dismiss is DENIED AS MOOT. Signed by Judge Susie Morgan.(bwn)
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Filing 20
Correction of Docket Entry by Clerk re #18 MOTION for Leave to File Reply in Support of #8 Motion to Dismiss for Failure to State a Claim. **Clerical error. Clerk referred the motion, but the motion should not be referred. Clerk corrected error and removed referral.** (sbs)
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Filing 19
Correction of Docket Entry by Clerk re #18 MOTION for Leave to File Reply in Support of #8 Motion to Dismiss for Failure to State a Claim. **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.** (sbs)
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Filing 18
EXPARTE/CONSENT MOTION for Leave to File Reply in Support of #8 Motion to Dismiss for Failure to State a Claim by Tom Neyhart, PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc., PosiGen, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Williams, Graham) Modified text on 10/17/2018 (sbs).
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Filing 17
ORDER canceling #9 Oral Hearing set for Wednesday, 10/17/2018 at 11:00 a.m. on Defendants' #8 Motion to Dismiss for Failure to State a Claim. Signed by Judge Susie Morgan on 10/11/2018. (tsf)
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Filing 16
RESPONSE/MEMORANDUM in Opposition filed by Amanda Bakay re #8 MOTION to Dismiss for Failure to State a Claim. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Kalis, Sarah)
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Filing 15
ORDER granting #12 Motion to Substitute Attorney. Added attorney Graham Halsey Williams for Tom Neyhart, PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc, PosiGen, LLC. Attorney Justin Boron terminated. Signed by Judge Susie Morgan on 09/28/2018. (am)
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Filing 14
PRELIMINARY CONFERENCE NOTICE - Scheduling Conference set for 10/24/2018 at 10:00 AM before case manager by telephone. Signed by Clerk.(bwn)
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Filing 13
ORDER - All parties did not consent to proceed to trial before the Magistrate Judge pursuant to 28 USC 636(c). (R. Doc. #11 ) Accordingly, IT IS ORDERED that the automatic referral in the above captioned matter is revoked. Signed by Judge Susie Morgan.(bwn)
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Filing 12
EXPARTE/CONSENT MOTION to Withdraw and Substitute Counsel of Record by Tom Neyhart, PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc., PosiGen, LLC. (Attachments: #1 Proposed Order)(Boron, Justin) Modified on 9/28/2018 to edit docket text and remove referral (bwn).
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Filing 11
ORDER: One of the parties to this proceeding does not wish to consent to trial before the Magistrate Judge under 28 U.S.C. '636(c). Accordingly, the matter is hereby returned to the docket of the District Judge for the scheduling of a preliminary conference and the selection of pre-trial and trial dates. FURTHER ORDERED that the preliminary conference set on Monday, 10/1/2018 at 9:15 a.m. in this case is hereby CANCELLED and counsel need not appear. Signed by Magistrate Judge Daniel E. Knowles, III.(caa) (NEF: Sect E)
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Filing 10
ORDER: A preliminary conference in the matter is hereby SCHEDULED for MONDAY, 10/1/2018 at 9:15 A.M. before Magistrate Daniel E. Knowles, III. Counsel (or the parties if unrepresented by counsel) may participate in the preliminary conference via telephone if they so desire by notifying the Magistrate's office prior to the scheduled conference at (504) 589-7575. No later than 9/27/2018, counsel (or the parties if unrepresented by counsel) shall notify the undersigned, in writing, by facsimile at (504) 589-4500, as to whether or not they are willing to proceed to trial before the Magistrate Judge pursuant to 28 U.S.C. '636 (c). Signed by Magistrate Judge Daniel E. Knowles, III.(caa)
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Filing 9
ORDER that the Motion to Dismiss for Failure to State a Claim #8 is SET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday, 10/17/2018 at 11:00 a.m. Any memorandum in opposition and any reply memorandum shall be filed in accordance with the Local Rules of this Court. Signed by Magistrate Judge Daniel E. Knowles, III on 9/20/2018.(caa)
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Filing 8
MOTION to Dismiss for Failure to State a Claim by Tom Neyhart, PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc., PosiGen, LLC. Motion(s) referred to Daniel E. Knowles, III. Motion(s) will be submitted on 10/17/2018. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Exhibit A)(Boron, Justin)
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Filing 7
ORDER granting #6 Motion for Extension of Time to Answer re #1 Complaint, as to Tom Neyhart; PosiGen Energy Efficiency of Louisiana, LLC; PosiGen GP, LLC; PosiGen of Louisiana, LLC; PosiGen, Inc.; PosiGen, LLC answer due twenty-one (21) days from the date the pleading would otherwise be due. Signed by Magistrate Judge Daniel E. Knowles, III on 8/27/2018. (caa)
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Filing 6
EXPARTE/CONSENT MOTION for Extension of Time to Answer by Tom Neyhart, PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc., PosiGen, LLC. Motion(s) referred to Daniel E. Knowles, III. (Attachments: #1 Proposed Order) Attorney Justin Boron added to parties Tom Neyhart(pty:dft), PosiGen Energy Efficiency of Louisiana, LLC(pty:dft), PosiGen GP, LLC(pty:dft), PosiGen of Louisiana, LLC(pty:dft), PosiGen, Inc.(pty:dft), and PosiGen, LLC(pty:dft).(Boron, Justin) Modified on 8/27/2018 to edit docket text (bwn).
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Filing 5
Summons Issued as to Thom Neyhart, PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc., PosiGen, LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(jeg) Modified on 6/26/2018 (jeg).
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Filing 4
Initial Case Assignment to Judge Susie Morgan and Magistrate Judge Daniel E. Knowles, III. (cc)
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Filing 3
Civil Cover Sheet Submitted (Kalis, Sarah)
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Filing 2
Summons Submitted for Issuance (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(Kalis, Sarah)
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Filing 1
COMPLAINT with jury demand against Thomas Neyhart, PosiGen Energy Efficiency of Louisiana, LLC, PosiGen GP, LLC, PosiGen of Louisiana, LLC, PosiGen, Inc., PosiGen, LLC (Filing fee $ 400 receipt number 053L-6945032) filed by Amanda Bakay. (Attachments: #1 Affidavit)Attorney Sarah Mae Kalis added to party Amanda Bakay(pty:pla).(Kalis, Sarah)
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