Vargas v. Manson Gulf, LLC et al
| Alex Vargas |
| C&G Welding, Inc., Triple C Enterprise, Inc. of Louisiana, Manson Gulf, LLC, Manson Construction Co. and Manson Gulf LLC |
| 2:2018cv11536 |
| November 26, 2018 |
| US District Court for the Eastern District of Louisiana |
| Barry W Ashe |
| Michael North |
| Marine |
| 46 U.S.C. § 30104 |
| Both |
Docket Report
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This docket was last retrieved on May 5, 2020. A more recent docket listing may be available from PACER.
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Filing 76
SATISFACTION OF JUDGMENT by C&G Welding, Inc., Manson Construction Co., Manson Gulf LLC, Triple C Enterprise, Inc. of Louisiana re #69 Judgment in favor of Alex Vargas (Cozad, Richard) Modified text/linkage on 5/6/2020 (cwa).
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Filing 75
**DEFICIENT**BILL OF COSTS by Alex Vargas. Matter to be submitted on 4/23/2020 at 10:00 am before Clerk of Court. Any opposition should be filed within 14 days of the filing of this document. (Attachments: #1 Exhibit Evidence of Costs, #2 Notice of Submission)(Dennis, Patrick) Modified text on 3/30/2020 (am).
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Filing 74
ORDER AND REASONS denying #71 Motion for New Trial and motion for Judgment as a Matter of Law. Signed by Judge Barry W Ashe on 02/13/2020. (ko)
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Filing 73
Correction of Docket Entry by Clerk re #72 Response to Motion. Filing attorney selected incorrect event. Correct event is Response/Memorandum in Opposition to Motion. Clerk took corrective action. (clw)
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Filing 72
RESPONSE/MEMORANDUM in Opposition to Motion filed by C&G Welding, Inc., Manson Construction Co., Manson Gulf LLC, Triple C Enterprise, Inc. of Louisiana re #71 MOTION for New Trial regarding damages MOTION for Judgment as a Matter of Law in the alternative motion for new trial. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Proposed Order)(Cozad, Richard) Modified text/event on 2/5/2020 (clw).
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Filing 71
MOTION for New Trial regarding damages, MOTION for Judgment as a Matter of Law in the alternative motion for new trial by Alex Vargas. Motion(s) will be submitted on 2/13/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)(Doyle, Michael)
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Filing 70
**DEFICIENT** MOTION for New Trial regarding damages, MOTION for Judgment as a Matter of Law or in the alternative motion for new trial, regarding comparative fault by Alex Vargas. Motion(s) will be submitted on 2/13/2020. (Attachments: #1 Proposed Order, #2 Notice of Submission)(Doyle, Michael) Modified text on 1/29/2020 (am).
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Filing 69
JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that there be judgment in favor ofplaintiff, Alex Vargas, and against defendants Manson Construction Company and Manson Gulf, LLC, in the amount of $9,800.00, jointly and severally, plus prejudgment interest at the Louisiana legal rate on plaintiffs past damages ($5,600.00) from the date of plaintiff's injury (September 27, 2017) until paid. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the remaining parties, C&G Welding, Inc., and Triple C Enterprise, Inc. of Louisiana are hereby dismissed withprejudice. Signed by Judge Barry W Ashe on 01/13/2020.(am)
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Filing 68
Order to Pay Jurors Meals. Signed by Judge Barry W Ashe on 1/13/2020.(clc)(NEF: Procurement)
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Filing 67
JURY VERDICT FORM. (clc)
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Filing 66
Court's Jury Charges. (clc)
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Filing 65
Certification of Trial Exhibits. (clc)
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Filing 64
Trial Exhibit List. (clc)
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Filing 63
TRANSCRIPT of Video Deposition of David Vanderwide held on December 18, 2019. (clc)
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Filing 62
Minute Entry. Proceedings held before Judge Barry W Ashe: Jury Trial completed on 1/8/2020. (Court Reporter Alexis Vice.) (Attachments: #1 Jury Questions) (clc)
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Filing 61
Minute Entry for proceedings held before Judge Barry W Ashe: Jury Trial held on 1/7/2020. Court recessed until 9:00 a.m. on 1/8/2020. (Court Reporter Alexis Vice.) (clc)
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Filing 60
Minute Entry for proceedings held before Judge Barry W Ashe: Jury Trial begun on 1/6/2020. Court recessed until 9:00 a.m. on 1/7/2020. (Court Reporter Alexis Vice.) (Attachments: #1 Notice for Removal of Exhibits) (clc)
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Filing 59
ORDER AND REASONS - Before the Court are the parties' pretrial objections to exhibits and deposition designations. Having considered the objections and the responses thereto, the Court rules on the objections as set forth herein. Signed by Judge Barry W Ashe on 1/2/2020.(sa)
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Filing 58
Witness List by C&G Welding, Inc., Manson Construction Co., Triple C Enterprise, Inc. of Louisiana. (Cozad, Richard)
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Filing 57
TRIAL BRIEF Plaintiffs Response to Defendants Objections to Plaintiffs Jury Instructions, Verdict Form, and Voir Dire by Alex Vargas. (Dennis, Patrick)
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Filing 56
Correction of Docket Entry by Clerk re #53 MOTION for Judgment as a Matter of Law /Directed Verdict. **Document no longer deemed deficient.** (am)
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Filing 55
Response to Plaintiff's Objections to Defendants' Exhibits, Jury Instructions, Verdict Form, Voir Dire and Proffer of Dr. Vanderwide's Deposition Testimony re #54 by All Defendants (Cozad, Richard) Modified text on 1/2/2020 (am).
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Filing 54
OBJECTIONS to Plaintiff's Jury Instructions, Verdict form and Voir Dire by All Defendants to Plaintiff's Jury Instructions, Verdict Form and Voir Dire re #39 , #40 (Cozad, Richard) Modified text on 1/2/2020 (am).
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Filing 53
MOTION for Judgment as a Matter of Law /Directed Verdict by C&G Welding, Inc., Manson Construction Co., Manson Gulf LLC, Triple C Enterprise, Inc. of Louisiana. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order)(Cozad, Richard) Modified text on 1/2/2020 (am). (Attachment 1 replaced on 1/3/2020) (clc).
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Filing 52
TRIAL BRIEF Plaintiff's Memorandum in Response to Defendants Objections to Plaintiffs Proffered Deposition Testimony by Alex Vargas. (Dennis, Patrick)
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Filing 51
TRIAL BRIEF Plaintiffs Response to Defendants Objections to Plaintiffs Trial Exhibits by Alex Vargas. (Dennis, Patrick)
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Filing 50
OBJECTIONS by All Defendants to Plaintiff's Exhibits (Cozad, Richard)
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Filing 49
OBJECTIONS by All Defendants to Plaintiff's Proffered Deposition Testimony (Cozad, Richard)
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Filing 48
Proposed Jury Verdict Form by All Defendants. (Cozad, Richard)
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Filing 47
Proposed Voir Dire by All Defendants. (Cozad, Richard)
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Filing 46
Proposed Jury Instructions by All Defendants. (Cozad, Richard)
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Filing 45
TRIAL BRIEF Plaintiff's Objections to Defendants' Exhibits, Jury Instructions, Verdict Form, Voir Dire, and Proffer of Dr. Vanderweide by Alex Vargas. (Dennis, Patrick)
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Filing 44
TRIAL BRIEF Joint Statement of Case by Alex Vargas. (Dennis, Patrick)
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Filing 43
ORDER AND REASONS DENYING #36 Motion in Limine on Exclusion of Evidence. Signed by Judge Barry W Ashe on 12/20/2019. (clc)
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Filing 42
RESPONSE/MEMORANDUM in Opposition filed by Alex Vargas re #36 MOTION in Limine to on Exclusion of Evidence . (Attachments: #1 Exhibit A - Borison Report and CV)(Dennis, Patrick)
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Filing 41
Minute Entry for proceedings held before Judge Barry W Ashe: Pretrial Conference held on 12/17/2019. A jury trial will commence on January 6, 2020, at 9:00 a.m., and is expected to last three (3) to four (4) days. The Pretrial Order (R. Doc. #37 ) jointly submitted by the parties is adopted into the record. (am)
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Filing 40
Proposed Jury Instructions by Alex Vargas. (Dennis, Patrick)
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Filing 39
Proposed Voir Dire by Alex Vargas. (Dennis, Patrick)
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Filing 38
Witness List by Alex Vargas. (Dennis, Patrick)
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Filing 37
AMENDED JOINT PRETRIAL ORDER by Alex Vargas and defendants. (Dennis, Patrick) Modified text on 12/17/2019 (am).
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Filing 36
MOTION in Limine to on Exclusion of Evidence by C&G Welding, Inc., Manson Construction Co., Manson Gulf LLC, Triple C Enterprise, Inc. of Louisiana. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Proposed Order)(Cozad, Richard) Modified text on 12/16/2019 (am).
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Filing 35
PRETRIAL MEMORANDUM by Alex Vargas. (Attachments: #1 Exhibit Proffer of Byron Garcia, #2 Exhibit Proffer of Nicholas Woods, #3 Exhibit Proffer of Orlando Colar, #4 Exhibit Proffer of Oscar Figueroa)(Dennis, Patrick)
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Filing 34
ORDER AND REASONS: DENYING #26 Motion in Limine to Exclude Video of Bunk Ladder, as set forth in document. Signed by Judge Barry W Ashe on 10/11/2019. (am)
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Filing 33
REPLY to Response to Motion filed by C&G Welding, Inc., Manson Construction Co., Manson Gulf LLC, Triple C Enterprise, Inc. of Louisiana re #26 MOTION in Limine to Exclude Video of Bunk Ladder. (clc)
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Filing 32
ORDER GRANTING #30 Motion for Leave to File Reply. Signed by Judge Barry W Ashe on 10/7/2019. (clc)
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Filing 31
Correction of Docket Entry by Clerk re #30 MOTION for Leave to File Reply Memo in Support of Motion in Limine to Exclude Video of Bunk Ladder.**1. Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?'. Clerk modified docket text to reflect 'Exparte'. **2. 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.** (am)
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Filing 30
EXPARTE/CONSENT MOTION for Leave to File Reply Memo in Support of Motion in Limine to Exclude Video of Bunk Ladder by C&G Welding, Inc., Manson Construction Co., Manson Gulf LLC, Triple C Enterprise, Inc. of Louisiana. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Cozad, Richard) Modified text on 10/7/2019 (am).
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Filing 29
RESPONSE/MEMORANDUM in Opposition filed by Alex Vargas re #26 MOTION in Limine to Exclude Video of Bunk Ladder . (Dennis, Patrick)
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Filing 28
Correction of Docket Entry by Clerk re #26 MOTION in Limine to Exclude Video of Bunk Ladder.**Filing attorney selected incorrect submission/hearing date. Correct date is 10/10/2019. Clerk took corrective action. No further action necessary.** (am)
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Filing 27
Manual Attachment Received re #26 MOTION in Limine to Exclude Video of Bunk Ladder filed by Triple C Enterprise, Inc. of Louisiana, Manson Construction Co., Manson Gulf, LLC, C&G Welding, Inc. - Flash drive received. (sa)
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Filing 26
MOTION in Limine to Exclude Video of Bunk Ladder by C&G Welding, Inc., Manson Construction Co., Manson Gulf, LLC, Triple C Enterprise, Inc. of Louisiana. Motion(s) will be submitted on 10/10/2019. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order, #6 Notice of Submission)(Cozad, Richard) Modified text/submission date on 9/23/2019 (am).
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Filing 25
ORDER granting #24 Motion for Extension of Deadlines. IT IS ORDERED that the Motion is GRANTED, and the deadlines are MODIFIED as follows: Plaintiff's Expert Designations - 12/5/2019; Defendant's Expert Designations - 1/3/2020; Disclose Trial Witnesses and Exhibits - 1/3/2020; and Discovery Deadline - 1/3/2020. Signed by Judge Barry W Ashe on 8/20/2019. (sa)
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Filing 24
EXPARTE/CONSENT MOTION for Extension of Deadlines by Alex Vargas. (Attachments: #1 Proposed Order)(Dennis, Patrick)
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Filing 23
Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 6/27/2019. Negotiations were productive but unfortunately no resolution of Plaintiffs claims could be achieved at this time. Further negotiations will proceed telephonically. (caa)
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Filing 22
ORDER SCHEDULING SETTLEMENT CONFERENCE: A Settlement Conference is hereby SCHEDULED for 6/27/2019 at 2:00 PM before Magistrate Judge Michael B. North. Any party appearing without authority to negotiate, or without the ability to contact a client with full and ultimate settlement authority readily throughout the settlement conference, may be sanctioned. Each party shall provide, in confidence, a concise settlement memorandum as set forth herein. Prior to the conference, the Plaintiff(s) is/are to have made a settlement proposal; the Defendant(s) is/are to have responded to that demand and are to have informed the Court of that response. Signed by Magistrate Judge Michael North on 5/23/2019.(ajn)
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Filing 21
SCHEDULING ORDER: Final Pretrial Conference set for 12/17/2019 02:30 PM before Judge Barry W Ashe. Jury Trial set for 1/6/2020 09:00 AM before Judge Barry W Ashe. All discovery must be completed by 12/6/2019. Signed by Judge Barry W Ashe. (Attachments: #1 Pretrial Notice Form)(kac)
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Filing 20
NOTICE of Hearing. Scheduling Conference set for 5/21/2019 10:30 AM before case manager by telephone. By Clerk. (kac)
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Filing 19
ORDER granting #18 Motion to Appear Pro Hac Vice as to Candace A. Ourso, as counsel for defendants. Signed by Judge Barry W Ashe on 2/26/2019. (Attachments: #1 Pro Hac Notice) (sa)
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Filing 18
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Fee previously paid) by C&G Welding, Inc., Manson Construction Co., Manson Gulf, LLC, Triple C Enterprise, Inc. of Louisiana. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Cozad, Richard)
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Filing 17
*DEFICIENT* EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 053L-7444413) by C&G Welding, Inc., Manson Construction Co., Manson Gulf, LLC, Triple C Enterprise, Inc. of Louisiana. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Proposed Order)Attorney Richard Abelard Cozad added to party Manson Gulf, LLC(pty:dft).(Cozad, Richard) Modified on 2/25/2019 (sa).
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Filing 16
ANSWER to #1 Complaint, with Jury Demand by C&G Welding, Inc., Manson Construction Co., Triple C Enterprise, Inc. of Louisiana.Attorney Richard Abelard Cozad added to party C&G Welding, Inc.(pty:dft), Attorney Richard Abelard Cozad added to party Manson Construction Co.(pty:dft), Attorney Richard Abelard Cozad added to party Triple C Enterprise, Inc. of Louisiana(pty:dft).(Cozad, Richard)
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Filing 15
SUMMONS Returned Executed; Manson Construction Co. served on 12/12/2018, answer due 1/2/2019. (Bourque, Charles)
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Filing 14
SUMMONS Returned Executed; Manson Gulf, LLC served on 12/12/2018, answer due 1/2/2019. (Bourque, Charles)
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Filing 13
SUMMONS Returned Executed; C&G Welding, Inc. served on 12/12/2018, answer due 1/2/2019. (Bourque, Charles)
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Filing 12
SUMMONS Returned Executed; Triple C Enterprise, Inc. of Louisiana served on 12/12/2018, answer due 1/2/2019. (Bourque, Charles)
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Filing 11
ORDER granting #9 Motion to Appear Pro Hac Vice as to Michael P. Doyle. Signed by Judge Barry W Ashe on 12/10/2018. (Attachments: #1 PHV Notice) (mm)
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Filing 9
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Michael Patrick Doyle (Fee previously paid) by Alex Vargas. (Attachments: #1 Declaration of Michael Doyle, #2 Certificate of Good Standing, #3 Proposed Order)(Bourque, Charles)
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Filing 10
ORDER granting #8 Motion to Appear Pro Hac Vice as to Jorge Luis Gomez. Signed by Judge Barry W Ashe on 12/4/18. (Attachments: #1 Notice to PHV Atty) (sbs)
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Filing 8
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Jorge Gomez (Fee previously paid) by Alex Vargas. (Attachments: #1 Declaration of Jorge Gomez, #2 Certificate of Good Standing, #3 efile registration, #4 Proposed Order)(Bourque, Charles)
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Filing 7
ORDER GRANTING #3 Motion to Appear Pro Hac Vice as to Patrick M. Dennis. Signed by Judge Barry W Ashe on 11/29/18. (Attachment(s) : #1 Notice to Visting Attorneys) (clc).
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Filing 6
Summons Issued as to C&G Welding, Inc., Manson Construction Co., Manson Gulf, LLC, Triple C Enterprise, Inc. of Louisiana. (Attachments: #1 Summons, #2 Summons, #3 Summons)(mp)
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Filing 5
**DEFICIENT** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Jorge L. Gomez (Filing fee $ 100 receipt number 053L-7257816) by Alex Vargas. (Attachments: #1 Declaration of Jorge L. Gomez, #2 Certificate of Good Standing, #3 Proposed Order)(Bourque, Charles) Modified on 11/28/2018 (clc).
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Filing 4
**DEFICIENT** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Michael Patrick Doyle (Filing fee $ 100 receipt number 053L-7257798) by Alex Vargas. (Attachments: #1 Declaration of Michael Patrick Doyle, #2 Certificate of Good Standing, #3 Proposed Order)(Bourque, Charles) Modified on 11/28/2018 (clc).
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Filing 3
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Patrick M. Dennis (Filing fee $ 100 receipt number 053L-7257767) by Alex Vargas. (Attachments: #1 Declaration of Patrick M. Dennis, #2 Certificate of Good Standing, #3 Proposed Order)(Bourque, Charles)
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Filing 2
Initial Case Assignment to Judge Barry W Ashe and Magistrate Judge Michael North. (gk)
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Filing 1
SEAMAN COMPLAINT against All Defendants (Filing fee $ 400 receipt number 053L-7255997) filed by Alex Vargas. (Attachments: #1 Civil Cover Sheet, #2 Summons Manson Gulf, #3 Summons C&G, #4 Summons Triple C, #5 Summons Manson Construction)Attorney Charles Clarence Bourque, Jr added to party Alex Vargas(pty:pla).(Bourque, Charles) Modified on 11/27/2018 (mp).
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