Whitley v. Premier Nissan, LLC et al
| Kim Whitley |
| Nissan North America, Inc., Premier Nissan LLC and Premier Nissan LLC doing business as Premier Nissan of Metairie |
| 2:2018cv06620 |
| July 11, 2018 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Jefferson |
| Lance M Africk |
| Barry W Ashe |
| Michael North |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
| Defendant |
Docket Report
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This docket was last retrieved on January 7, 2019. A more recent docket listing may be available from PACER.
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Filing 74
Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 1/7/2019. Negotiations were successful and resulted in the settlement of Plaintiff's claims; the material terms of the settlement agreement were memorialized on the record. (Court Reporter Toni Tusa.) (clc)(NEF: ASHE)
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Filing 73
ORDER DISMISSING CASE - The Court having been advised by the United States Magistrate Judge that all of the parties to this action have firmly agreed upon a compromise in this matter, IT IS ORDERED that the action be and it is hereby DISMISSED without costs and without prejudice to the right, upon good cause shown, to reopen the action or seek summary judgment enforcing the compromise if the settlement is not consummated within a reasonable time. The Court retains jurisdiction for all purposes, including enforcing the settlement agreement entered into by the parties. Signed by Judge Barry W Ashe on 1/7/2019.(sa)
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Filing 72
EXPARTE/CONSENT MOTION for Leave to File Supplemental Opposition to Defendant's Motion for Summary Judgment by Kim Whitley. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Proposed Pleading, #4 Exhibit)(Vicknair, David) Modified text on 1/7/2019 (sa).
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Filing 71
Joint PRETRIAL MEMORANDUM by Kim Whitley and Nissan North America, Inc. (Vicknair, David) Modified text/filers on 1/7/2019 (sa).
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Filing 70
EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Deandra De Napoli to be substituted in place of Bryce Cohen by Kim Whitley. (Attachments: #1 Proposed Order)(Vicknair, David)
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Filing 69
ORDER DISMISSING AS MOOT #48 Motion to Quash. Signed by Magistrate Judge Michael North on 1/2/19. (clc)
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Filing 68
ORDER DISMISSING AS MOOT #52 Motion for Contempt and to Strike Dr. William J. George as a Witness as the Court has been advised that Dr. George was deposed on December 19, 2018. Plaintiff's motion is dismissed as moot but without prejudice to her right to file a subsequent motion asking that the District Judge convert her motion to a motion in limine. Signed by Magistrate Judge Michael North on 12/28/18. (clc)
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Filing 67
RESPONSE to Motion filed by Nissan North America, Inc. re #60 MOTION for APPEAL/REVIEW OF MAGISTRATE JUDGE DECISION to District Court . (Attachments: #1 Exhibit A)(Williams, Lance)
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Filing 66
RESPONSE to Motion filed by Nissan North America, Inc. re #61 MOTION for APPEAL/REVIEW OF MAGISTRATE JUDGE DECISION to District Court . (Williams, Lance)
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Filing 65
REPLY to Response to Motion filed by Nissan North America, Inc. re #31 MOTION for Summary Judgment . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(mm)
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Filing 64
ORDER granting #63 Motion for Leave to File Reply. Signed by Judge Barry W Ashe on 12/21/2018. (mm)
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Filing 63
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum In Support of Motion for Summary Judgment by Nissan North America, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Williams, Lance)
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Filing 62
**DEFICIENT** EXPARTE/CONSENT MOTION to Withdraw Bryce D. Cohen as Attorney by Kim Whitley. (Attachments: #1 Proposed Order)(Vicknair, David) Modified on 12/19/2018 (clc).
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Filing 61
Objections to the Magistrate Judge Decision by Kim Whitley . Motion(s) will be submitted on 1/3/19. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E)(Vicknair, David) Modified on 12/18/2018 (clc).
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Filing 60
Objections to the Magistrate Judge Decision by Kim Whitley . Motion(s) will be submitted on 1/3/19. (Attachments: #1 Memorandum in Support of Objection to Magistrate's Denial of the Motion to Compel 30(b)(6) Deposition, #2 Notice of Submission, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Vicknair, David) Modified on 12/18/2018 (clc).
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Filing 59
RESPONSE/MEMORANDUM in Opposition filed by Kim Whitley re #31 MOTION for Summary Judgment . (Attachments: #1 Statement of Contested/Uncontested Facts, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Vicknair, David)
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Filing 58
Minute Order. Proceedings held 12/12/19 before Magistrate Judge Michael North: Plaintiff's #47 Motion to Expedite was granted; Plaintiff's #46 MOTION to Compel Denied without prejudice to Plaintiff's right to re-urge same if Defendant's pending Motion for Summary Judgment is denied in whole or in part. (Court Reporter Nichelle Drake.) (clc)
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Filing 57
RESPONSE/MEMORANDUM in Opposition filed by Nissan North America, Inc. re #46 MOTION to Compel . (Williams, Lance)
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Filing 56
ORDER denying #49 Motion to Continue. IT IS FURTHER ORDERED that Plaintiff is granted leave to file her opposition to Defendant's motion for summary judgment two days late, on 12/14/2018. Signed by Judge Barry W Ashe on 12/11/2018. (jls)
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Filing 55
RESPONSE/MEMORANDUM in Opposition filed by Nissan North America, Inc. re #49 MOTION to Continue Submission Date on Motion for Summary Judgment. (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)(Williams, Lance)
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Filing 54
ORDER SETTING ORAL ARGUMENT on #48 MOTION to Quash for 1/9/2019 11:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North on 12/11/18.(clc)
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Filing 53
ORDER GRANTING #50 MOTION to Expedite .ORDERED that plaintiff's #49 Motion to Continue the submission date of defendant's motion for summary judgment will be submitted on the papers on December 12, 2018. Defendant's opposition to the motion to continue must be filed no later than 4:00 p.m. on December 11, 2018. Signed by Judge Barry W Ashe on 12/10/18.(clc)
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Filing 52
MOTION for Contempt and to Strike by Kim Whitley. Motion(s) referred to Michael North. Motion(s) will be submitted on 12/26/2018. (Attachments: #1 Memorandum in Support , #2 Notice of Submission , #3Exhibit A)(Vicknair, David)
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Filing 51
Correction of Docket Entry by Clerk re #49 MOTION to Continue , #48 MOTION to Quash , #46 MOTION to Compel , #47 MOTION to Expedite , #50 MOTION to Expedite . ** The case caption of all future filings should remain as pleadings were originally captioned unless ordered by the court. In addition, attachments has duplicate description. For attachments, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action.** (clc)
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Filing 50
EXPARTE/CONSENT MOTION to Expedite Consideration of Motion to Continue Submission Deadline by Kim Whitley. (Attachments: #1 Proposed Order)(Vicknair, David) Modified on 12/10/2018 (clc).
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Filing 49
MOTION to Continue submission date re Motion for Summary Judgment by Kim Whitley. Motion(s) will be submitted on 1/3/2018. (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)(Vicknair, David) Modified on 12/10/2018 (clc).
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Filing 48
MOTION to Quash by Kim Whitley. Motion(s) referred to Michael North. Motion(s) will be submitted on 12/26/2018. (Attachments: #1 Memorandum in Support, #2 Notice of Submission , #3 Exhibit A, #4 Exhibit B)(Vicknair, David) Modified on 12/10/2018 (clc).
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Filing 47
EXPARTE/CONSENT MOTION to Expedite Consideration of Motion to Compel by Kim Whitley. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order )(Vicknair, David)
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Filing 46
MOTION to Compel by Kim Whitley. Motion(s) referred to Michael North. Motion(s) will be submitted on 12/26/2018. (Attachments: #1 Memorandum in Support , #2 Notice of Submission , #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E)(Vicknair, David) Modified on 12/10/2018 (clc).
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Filing 45
Minute Order. Proceedings held before Magistrate Judge Michael North: re #36 Motion to Compel. The Motion to Compel is Denied without prejudice to Plaintiff's right to re-urge same, as appropriate, following the resolution of Defendant's pending motion for summary judgment. (Court Reporter Nichelle Drake.) (clc)
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Filing 44
ORDER granting #41 Motion to Enroll as Counsel of Record for Attorney Galen M. Hair for Kim Whitley. Signed by Judge Barry W Ashe on 12/05/2018. (am)
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Filing 43
RESPONSE/MEMORANDUM in Opposition filed by Nissan North America, Inc. re #36 First MOTION to Compel 30(b)(6) Deposition . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Williams, Lance)
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Filing 42
Correction of Docket Entry by Clerk re #40 MOTION in Limine to . **Motion in Limine will be set for submission on the trial date; 2/11/2019.** (clc) .
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Filing 41
EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Kim Whitley. (Attachments: #1 Proposed Order)(Vicknair, David)
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Filing 40
MOTION in Limine to Exclude the Opinions by Nissan North America, Inc. Motion(s) set for submission for 02/11/2019. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Notice of Submission)(Williams, Lance) Modified text on 12/4/2018 (clc).
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Filing 39
ORDER GRANTING #37 First MOTION to Expedite Consideration of #36 Motion to Compel. The Court will hear the motion on the 6th day of December, 2018, at 2:30 p.m. with oral argument. Memorandum in opposition may be filed before noon on December 4, 2018. Signed by Magistrate Judge Michael North on 11/30/18.(clc)
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Filing 38
Correction of Docket Entry by Clerk re #35 Return of Service (Non Summons & Complaint), #34 Return of Service (Non Summons & Complaint). ** Document has been stricken pursuant to Rule 5(d) of the FRCP.** (clc)
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Filing 37
EXPARTE/CONSENT First MOTION to Expedite Consideration of Motion to Compel by Kim Whitley. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Vicknair, David)
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Filing 36
First MOTION to Compel 30(b)(6) Deposition by Kim Whitley. Motion(s) referred to Michael North. Motion(s) will be submitted on 12/19/2018. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Vicknair, David)
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Filing 35
**STRICKEN PURSUANT TO RULE 5(D) OF THE FRCP** Return of Service of Subpoena served on The Custodian of Records for University Medical Center Management Group on 11/08/18 by Kim Whitley.(Vicknair, David) Modified on 11/30/2018 (clc).
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Filing 34
**STRICKEN PURSUANT TO RULE 5(D) OF THE FRCP** Return of Service of Subpoena served on The Custodian of Records for Jake's Towing and Recovery on 11/9/2018 by Kim Whitley.(Vicknair, David) Modified on 11/30/2018 (clc). Modified on 11/30/2018 (clc).
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Filing 33
ORDER AND REASONS denying #9 Motion to Remand. FURTHER ORDERED that Whitley's claims against Premier Nissan, LLC are DISMISSED withprejudice. Signed by Judge Barry W Ashe on 11/28/18. (clc)
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Filing 32
Correction of Docket Entry by Clerk re #31 MOTION for Summary Judgment . **Multiple documents were incorrectly filed as one PDF. The Memorandum in Support should have been filed as attachment to the Motion not combined without the same pdf. All future filings should be entered this way. Clerk took corrective action. No further action is necessary.** (clc)
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Filing 31
MOTION for Summary Judgment by Nissan North America, Inc.. Motion(s) will be submitted on 12/20/2018. (Attachments: #1 Statement of Contested/Uncontested Facts, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Notice of Submission)(Williams, Lance) (Main Document 31 replaced on 11/28/2018) (clc). (Additional attachment(s) added on 11/28/2018: #10 Memorandum in Support) (clc).
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Filing 30
ORDER: The settlement conference scheduled for 12/10/2018 in the above matter is hereby RESCHEDULED for 1/7/2019 at 10:00 a.m. before Magistrate Judge Michael B. North. The parties are referred to the Courts original order scheduling the settlement conference in this matter #29 for requirements regarding the content of and submission date for their confidential settlement position papers. Signed by Magistrate Judge Michael North on 11/20/2018.(caa)
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Filing 29
ORDER SCHEDULING SETTLEMENT CONFERENCE for 12/10/2018 02:00 PM before Magistrate Judge Michael North. Signed by Judge Barry W Ashe on 11/16/18.(clc)
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Filing 28
Witness and Exhibit List by Nissan North America, Inc.. (Williams, Lance)
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Filing 27
Witness and Exhibit List by Kim Whitley. (Vicknair, David)
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Filing 26
ORDER: ORDERED that the dates set by the #8 Scheduling Order remain in force,unless otherwise ordered by the Court. FURTHER ORDERED that the parties use Section Ms Pretrial Notice and the dates set forth therein, to the extent they do not conflict with the previously issued Scheduling Order, to prepare for trial. Signed by Judge Barry W Ashe on 11/8/2018. (Attachments: #1 Pretrial Notice)(clc)
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Filing 25
Sur-Reply Memorandum filed by Nissan North America, Inc., in Opposition of #9 MOTION to Remand. (Attachments: #1 Exhibit)(sbs)
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Filing 24
ORDER granting #23 Motion for Leave to File Sur-Reply. Signed by Judge Barry W Ashe on 11/6/18. (sbs)
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Filing 23
EXPARTE/CONSENT MOTION for Leave to File Sur-Reply re Motion to Remand by Nissan North America, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading- Sur-Reply in Opposition to Motion to Remand, #3 Exhibit A- Sur-Reply In Opposition to Motion to Remand )(Williams, Lance)
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Filing 22
Sur-Reply Memorandum filed by Nissan North America, Inc. in Opposition of #9 MOTION to Remand . (Attachment(s): #1 Exhibit A) (clc).
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Filing 21
ORDER GRANTING #20 Motion for Leave to File Sur-Reply. Signed by Judge Barry W Ashe on 9/25/2018. (clc)
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Filing 20
EXPARTE/CONSENT MOTION for Leave to File Sur-Reply Memorandum in Opposition to Plaintiff's Motion to Remand by Nissan North America, Inc.. (Attachments: #1 Proposed Pleading Sur-Reply Memorandum in Opposition to Plaintiff's Motion to Remand, #2 Exhibit A, #3 Proposed Order)(Williams, Lance)
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Filing 19
ORDER TRANSFERRING CASE. Case transferred to Judge Barry W Ashe. Judge Lance M Africk no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown on 9/10/2018.(blg)
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Filing 18
REPLY to Response to Motion filed by Kim Whitley re #9 MOTION to Remand. (sbs)
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Filing 17
ORDER granting #15 Motion for Leave to File Reply. Signed by Judge Lance M Africk on 9/5/18. (sbs)
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Filing 16
Correction of Docket Entry by Clerk re #15 MOTION for Leave to File Reply to Opposition to Motion to Remand. **Proposed Pleading on incorrect sized paper. Local Rule 10.1E states 'All papers drafted for filing in this court shall be on 8-1/2 by 11 inch paper.' Clerk has reduced image. No further action needed.** (sbs)
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Filing 15
EXPARTE/CONSENT MOTION for Leave to File Reply to Opposition to Motion to Remand by Kim Whitley. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Proposed Pleading)(Vicknair, David) (Attachment 3 replaced on 9/5/2018) (sbs).
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Filing 14
ORDERED that the status conference scheduled on 9/5/2018 at 2:00 P.M. is CANCELLED. Signed by Judge Lance M Africk.(blg)
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Filing 13
Joint STATUS REPORT by Kim Whitley and Nissan North America, Inc. (Williams, Lance) Modified text on 8/28/2018 (sbs).
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Filing 12
RESPONSE/MEMORANDUM in Opposition filed by Nissan North America, Inc. re #9 MOTION to Remand. (Williams, Lance)
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Filing 11
ORDER: Status Conference set for 9/5/2018 02:00 PM before Judge Lance M Africk. Counsel shall comply as stated herein. Signed by Judge Lance M Africk on 8/22/2018.(blg)
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Filing 10
Correction of Docket Entry by Clerk re #9 MOTION to Remand . **The Memorandum in Support was submitted on incorrect sized paper. Local Rule 10.1E states 'All papers drafted for filing in this court shall be on 8-1/2 by 11 inch paper.' Clerk has reduced images. No further action needed. ALSO, Exhibit 4 image filed sideways. Clerk has corrected image. Please adjust scanner for future filings. No further action necessary.** (sbs)
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Filing 9
MOTION to Remand by Kim Whitley. Motion(s) will be submitted on 9/5/2018. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4)(Vicknair, David) (Attachments 1 and 6 replaced on 8/10/2018) (sbs). Modified text on 8/10/2018 (sbs).
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Filing 8
SCHEDULING ORDER: Status Conference set for 9/5/2018 02:00 PM before Judge Lance M Africk. All discovery must be completed by 11/23/2018. Final Pretrial Conference set for 1/8/2019 10:30 AM before Judge Lance M Africk. Jury Trial set for 2/11/2019 08:30 AM before Judge Lance M Africk. (Attachments: #1 Pretrial Notice Form) (NEF: Magistrate Judge)(blg)
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Filing 7
Correction of Docket Entry by Clerk re #5 Notice of Compliance. **1) Some exhibits on incorrect sized paper. Local Rule 10.1E states 'All papers drafted for filing in this court shall be on 8-1/2 by 11 inch paper.' Clerk has reduced images. No further action needed; 2) Some images filed upside down. Clerk has corrected images. Please adjust scanner for future filings; and 3) Filing attorney incorrectly linked the Notice of Compliance to the Directive of the Clerk. Clerk properly linked the Notice of Compliance to the Notice of Removal.** (sbs)
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Filing 6
Statement of Corporate Disclosure by Nissan North America, Inc. identifying Corporate Parent Nissan Motor Company, Ltd. for Nissan North America, Inc. (Williams, Lance)
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Filing 5
Notice of Compliance by Nissan North America, Inc. re #1 Notice of Removal. (Attachments: #1 State Court Pleadings)(Williams, Lance) (Attachment 1 replaced on 7/25/2018) (sbs). Modified text on 7/25/2018 (sbs).
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Filing 4
NOTICE: Scheduling Conference set for 7/31/2018 10:15 AM before case manager by telephone. By Clerk. (blg)
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| Filing 3 Directive of the Clerk regarding compliance with 28:1447(b) re #1 Notice of Removal, filed by Nissan North America, Inc. By the Clerk.(sbs) |
| Filing 2 Initial Case Assignment to Judge Lance M Africk and Magistrate Judge Michael North. (cc) |
| Filing 1 NOTICE OF REMOVAL with jury demand from 29th JDC, St. Charles Parish, case number 84,210 "E"(Filing fee $400 receipt number 053L-6993721) filed by Nissan North America, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Petition #3 Exhibit B - Citation Issued to NNA, #4 Exhibit C - Plaintiff's Responses to Interrogatories and Request for Prod, #5 Exhibit D - State Court Record, #6 Exhibit E - Notice to State Court and Adverse Party of Filing of Notice of Remov, #7 Affidavit of Craig P. Collins, #8 Exhibit G - Plaintiff's Responses to Requests for Admissions) Attorney Lance B. Williams added to party Nissan North America, Inc.(pty:dft).(Williams, Lance) Modified text on 7/11/2018 (sbs). |
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