Rivera v. Huntington Ingalls Inc. et al
| Judith Punch Rivera |
| Foster Wheeler Constructors, Inc., Huntington Ingalls Incorporated, Arrowood Indemnity Company, Eagle, Inc., McCarty Corporation, Owens Illinois, Inc, Foster Wheeler, LLC, AMEC Foster Wheeler Constructors, Inc., Crown, Cork & Seal USA, Inc., Owens-Illinois, Inc. and Reilly-Benton Company, Inc. |
| Huntington Ingalls, Inc. |
| 2:2018cv06795 |
| July 18, 2018 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Jefferson |
| Janis van Meerveld |
| Jane Triche Milazzo |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Document Text |
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| Filing 22 MINUTE ENTRY for Motion Hearing held on 9/12/2018 before Judge Jane Triche Milazzo. Plaintiff's MOTION to Remand (Rec. Doc. #9 ) was argued by counsel and taken under submission by the Court. (Court Reporter Cathy Pepper.) (sa) |
Filing 21
ORDER that oral argument previously set for September 5, 2018, at 9:30 a.m. regarding #9 MOTION to Remand to State Court is RESET for 9/12/2018 9:30 AM before Judge Jane Triche Milazzo. Further Ordered that this order shall not be interpreted to alter the briefing deadlines for Plaintiff's Motion to Remand. Signed by Judge Jane Triche Milazzo.(ecm)
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| Filing 20 ANSWER to #1 Notice of Removal, and to Plaintiff's First Supplemental and Amending Petition for Damages contained therein, by Huntington Ingalls, Inc..(Trapolin, Edward) |
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Filing 19
ORDER - IT IS ORDERED that the request for #18 Oral Argument is GRANTED, and oral argument on the Motion to Remand (Rec. Doc. #9 ) is SET for September 5, 2018 at 9:30 a.m. IT IS FURTHER ORDERED that each party is limited to 7 minutes of argument. IT IS FURTHER ORDERED that this Order shall not be interpreted to alter the briefing deadlines for Plaintiff's Motion to Remand, and all briefs shall be submitted by August 22, 2018. Signed by Judge Jane Triche Milazzo on 8/21/2018.(sa)
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| Filing 18 Request/Statement of Oral Argument by Huntington Ingalls, Inc. regarding #9 MOTION to Remand to State Court (Trapolin, Edward) |
| Filing 17 REPLY to Response to Motion filed by Judith Punch Rivera re #9 MOTION to Remand to State Court . (ecm) |
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Filing 16
TEXT ORDER (No PDF Document Attached) granting #15 Motion for Leave to File Reply Memorandum. Signed by Judge Jane Triche Milazzo on 8/17/18. (ecm)
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| Filing 15 MOTION for Leave to File Reply Memorandum by Judith Punch Rivera. Motion(s) will be submitted on 8/8/2018. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Proposed Pleading Reply Memorandum)(Williams, L.) |
| Filing 14 RESPONSE/MEMORANDUM in Opposition filed by Huntington Ingalls, Inc. re #9 MOTION to Remand to State Court . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Trapolin, Edward) |
| Filing 13 Notice of Compliance by Huntington Ingalls, Inc. re #4 Order. (Attachments: #1 State Court Pleadings)(Melancon, David) |
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Filing 12
ORDER REASSIGNING CASE. My son-in-law, T. Patrick O'Leary, is a partner of the Frilot, L.L.C. firm, which represents a defendant in this matter. Accordingly, I am required to recuse myself from this matter. Judicial Conference of the United States, Committee on Codes of Conduct, Advisory Opinion No. 58 (Aug. 9, 1978, revised July 10, 1998) (citing Canon 3C(1)(d)(ii) and (iii)). The Clerk of Court is directed to reallot this matter to another Magistrate Judge Division of this court. Case reassigned to Magistrate Judge Janis van Meerveld. Magistrate Judge Joseph C. Wilkinson, Jr no longer assigned to case. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 7/26/2018.(mmv) (NEF: J. Milazzo, MJ vanMeerveld, Case Mgrs)
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| Filing 11 Correction of Docket Entry by Clerk re #9 MOTION to Remand to State Court. 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 8/22/2018 before Judge Jane Triche Milazzo. No further action is necessary. (sa) |
| Filing 10 ANSWER to #1 Notice of Removal, with Jury Demand (to Plaintiffs First Supplemental and Amending Petition) by AMEC Foster Wheeler Constructors, Inc..Attorney James H. Brown, Jr added to party AMEC Foster Wheeler Constructors, Inc.(pty:dft).(Brown, James) |
| Filing 9 MOTION to Remand to State Court by Judith Punch Rivera. Motion will be submitted on 8/22/2018. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Notice of Submission, #9 Proposed Order) (Williams, L.) Modified text/submission on 7/26/2018 (sa). |
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Filing 8
TEXT ORDER (No PDF Document Attached) granting #7 Motion to Enroll as Counsel of Record for Attorney John Joseph Hainkel, III, Angela M. Bowlin, James H. Brown, Jr, Magali Ann Puente-Martin, Kelsey A. Eagan, Kelly L. Long, Lacey Taylor McCoy for Foster Wheeler, LLC. Signed by Judge Jane Triche Milazzo on 7/25/18. (ecm)
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| Filing 7 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Foster Wheeler, LLC (Attachments: #1 Proposed Order)Attorney James H. Brown, Jr added to party Foster Wheeler, LLC.(pty:dft).(Brown, James) Modified on 7/25/2018 (sa). |
| Filing 6 ANSWER to #1 Notice of Removal, with Jury Demand Answer to First Supplemental and Amended Petition for Damages by Owens-Illinois, Inc..Attorney Elizabeth Riddell Penn added to party Owens-Illinois, Inc.(pty:dft).(Penn, Elizabeth) |
| Filing 5 Notice - The Petition for Damages attached to #1 Notice of Removal lists counsel from State Court who have not been admitted to practice in this Court (Attorneys Natalie A. Williams and Alexis C. Normand). Please see Local Rule 83.2.2 for this Court's Procedures for Admission. Future filings which lists attorneys not admitted pursuant to LR 83.2.2 will not be accepted. (sa) |
| Filing 4 Directive of the Clerk regarding compliance with 28:1447(b) re: #1 Notice of Removal, filed by Huntington Ingalls, Inc. Issued by Clerk. (sa) |
| Filing 3 Initial Case Assignment to Judge Jane Triche Milazzo and Magistrate Judge Joseph C. Wilkinson, Jr. (ess) |
| Filing 2 Civil Cover Sheet Submitted (Trapolin, Edward) |
| Filing 1 NOTICE OF REMOVAL from Civil District Court for the Parish of Orleans, case number 2017-8462 (Filing fee $ 400 receipt number 053L-7009610) filed by Huntington Ingalls Incorporated. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)Attorney Edward Winter Trapolin added to party Huntington Ingalls Inc.(pty:dft).(Trapolin, Edward) Modified text on 7/19/2018 (sa). |
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