Newton v. St. Tammany Fire District No. 12, et al
Plaintiff: Ray M Newton
Defendant: Volunteer Firemans Insurance Company, Glatfelters Insurance Group, Board of Comissioners of St. Tamman Fire District No. 12, Emily Skidmore, Helen Mitternight, George Schwing, Kathy Mitternight, Estate of Joseph Mitternight, Darrell Guilott, Board of Commissioners of St. Tammany Fire Protection District No. 12, Joseph Mitternight, American Alternative Insurance Corporation, St. Tammany Fire District No. 12 and Unidentified Party
Case Number: 2:2018cv14144
Filed: December 21, 2018
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Nannette Jolivette Brown
Referring Judge: Michael North
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 203
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 18, 2019 Filing 30 EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum in Opposition to Motion for Dismissal Pursuant to Rule 12(B)(6) by Ray M Newton. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Palowsky, Stacy)
February 15, 2019 Filing 29 MOTION to Remand to State Court by Ray M Newton. Motion(s) will be submitted on 3/13/2019. (Attachments: #1 Notice of Submission, #2 Memorandum in Support)(Palowsky, Stacy)
February 14, 2019 Filing 28 Supplemental Memorandum filed by Board of Commissioners of St. Tammany Fire Protection District No. 12, Darrell Guilott, Kathy Mitternight, George Schwing, in Support of #4 MOTION to Dismiss for Failure to State a Claim. (mm)
February 14, 2019 Opinion or Order Filing 27 ORDER granting #24 Motion for Leave to File Supplemental Memorandum. Signed by Chief Judge Nannette Jolivette Brown on 2/14/2019. (mm)
February 14, 2019 Opinion or Order Filing 26 ORDER GRANTING #25 Motion for Voluntary Dismissal of FLSA Claims. IT IS HEREBY ORDERED that Plaintiff's claims under the Fair Labor Standards Act, 23 U.S.C. 201, et seq., are hereby dismissed pursuant to F.R.C.P. 41(a) with each party to bear its own costs. All other claims asserted by Plaintiff under Louisiana law are specifically reserved. Signed by Chief Judge Nannette Jolivette Brown on 2/14/2019. (mmv)
February 12, 2019 Filing 25 EXPARTE/CONSENT MOTION for Voluntary Dismissal of FLSA Claims by Ray M Newton. (Attachments: #1 Proposed Order)(Palowsky, Stacy) Modified text on 2/12/2019 (mm).
February 12, 2019 Filing 24 EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum in Support of Motion to Dismiss re: rec. doc. 4 by Board of Commissioners of St. Tammany Fire Protection District No. 12, Darrell Guilott, Kathy Mitternight, George Schwing. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Bordelon, David) Modified text on 2/12/2019 (mm).
February 11, 2019 Filing 23 Summons Issued as to American Alternative Insurance Corporation. (clc)
February 11, 2019 Filing 22 FIRST SUPPLEMENTAL AND AMENDING PETITION against Board of Commissioners of St. Tammany Fire Protection District No. 12, Darrell Guilott, Helen Mitternight, Joseph Mitternight, Kathy Mitternight, George Schwing, Emily Skidmore, American Alternative Insurance Corporation, Unidentified Party filed by Ray M Newton.(clc)
February 11, 2019 Opinion or Order Filing 21 ORDER GRANTING #18 Motion for Leave to Amend Petition. Signed by Magistrate Judge Michael North on 2/11/19. (clc)
February 8, 2019 Filing 20 RESPONSE to Motion filed by Board of Commissioners of St. Tammany Fire Protection District No. 12, Darrell Guilott, Kathy Mitternight, George Schwing re #18 MOTION to Amend/Correct Original Petition . (Maldonado, Wayne)
February 8, 2019 Opinion or Order Filing 19 ORDER SETTING ORAL ARGUMENT for 2/27/2019 11:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North on 2/8/19.(clc)
February 6, 2019 Filing 18 MOTION to Amend/Correct Original Petition by Ray M Newton. Motion(s) referred to Michael North. Motion(s) will be submitted on 2/27/2019. (Attachments: #1 Notice of Submission, #2 Memorandum in Support, #3 Proposed Pleading)(Palowsky, Stacy)
February 6, 2019 Filing 17 DEFICIENT: MOTION to Amend/Correct Original Petition by Ray M Newton. Motion(s) will be submitted on 2/27/2019. (Attachments: #1 Notice of Submission, #2 Memorandum in Support)(Palowsky, Stacy) Modified text on 2/6/2019 (mm).
January 30, 2019 Filing 16 Minute Order. Proceedings held 1/30/19 before Chief Judge Nannette Jolivette Brown. #4 Motion to Dismiss for Failure to State a Claim; Argument; Deadline to file amended complaint is 2/6/19; Ruling on motion withheld. (Court Reporter Mary Thompson.) (jrc)
January 22, 2019 Filing 15 RESPONSE/MEMORANDUM in Opposition filed by Ray M Newton re #4 MOTION for Dismissal Pursuant to Rule 12(B)(6) . (Palowsky, Stacy) Modified text on 1/22/2019 (mm).
January 18, 2019 Opinion or Order Filing 14 ORDER granting #13 Motion to Enroll as Counsel of Record for Attorney Stacy Renee Palowsky for Ray M Newton. Signed by Chief Judge Nannette Jolivette Brown on 1/18/2019. (mm)
January 18, 2019 Filing 13 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Stacy R. Palowsky by Ray M Newton. (Attachments: #1 Proposed Order)(Berrigan, Patrick) Modified text on 1/18/2019 (mm).
January 17, 2019 Opinion or Order Filing 12 ORDER GRANTING #10 MOTION to Continue. IT IS HEREBY ORDERED that in the above numbered and titled action the submission date scheduled for January 16, 2019 is continued to January 30, 2019. Plaintiff's opposition to the Motion to Dismiss is due on January 22, 2019. IT IS FURTHER ORDERED that oral argument is set for the #4 Motion to Dismiss for January 30, 2019 at 10:00 AM. Signed by Chief Judge Nannette Jolivette Brown on 1/17/2019.(mmv)
January 16, 2019 Opinion or Order Filing 11 ORDER GRANTING #9 Motion for Voluntary Dismissal. IT IS HEREBY ORDERED that in the above numbered and titled action, Glatfelters Insurance Group and Volunteer Firemans Insurance Company be dismissed with prejudice, each party to bear their own cost. Signed by Chief Judge Nannette Jolivette Brown on 1/16/2019. (mmv)
January 11, 2019 Filing 10 EXPARTE/CONSENT MOTION to Continue by Ray M Newton, Kathy Mitternight, Emily Skidmore, Helen Mitternight, Volunteer Firemans Insurance Company, Glatfelters Insurance Group, Darrell Guilott, George Schwing, Board of Commissioners of St. Tammany Fire Protection District No. 12, Joseph Mitternight. (Attachments: #1 Proposed Order)(Berrigan, Patrick) Modified filers/text on 1/11/2019 (mm).
January 11, 2019 Filing 9 EXPARTE/CONSENT MOTION and Order for Voluntary Dismissal of Glatfelters Insurance Group, Volunteer Firemans Insurance Company by Ray M Newton. (Attachments: #1 Proposed Order)(Berrigan, Patrick) Modified text on 1/11/2019 (mm).
January 4, 2019 Filing 8 Correction of Docket Entry by Clerk re #6 Notice of Compliance. **Filing attorney incorrectly linked document to document 3. Clerk properly linked document to document 1.** (mm)
January 4, 2019 Filing 7 Correction of Docket Entry by Clerk re #5 Notice of Compliance. **This is a duplicate filing of document 6 and will be noted as such. No further actionis necessary.** (mm)
January 3, 2019 Filing 6 Notice of Compliance by Board of Commissioners of St. Tammany Fire Protection District No. 12, Darrell Guilott, Kathy Mitternight, George Schwing re #1 Notice of Removal. (Attachments: #1 Exhibit)(Bordelon, David) Modified linkage on 1/4/2019 (mm).
January 3, 2019 Filing 5 DUPLICATE FILING OF REC. DOC. 6 - Notice of Compliance by Board of Commissioners of St. Tammany Fire Protection District No. 12, Darrell Guilott, Kathy Mitternight, George Schwing re #3 Order,. (Attachments: #1 Exhibit)(Bordelon, David) Modified text on 1/4/2019 (mm).
December 28, 2018 Filing 4 MOTION to Dismiss Under Rule 12(B)(6) by Board of Commissioners of St. Tammany Fire Protection District No. 12, Darrell Guilott, Kathy Mitternight, George Schwing. Motion(s) will be submitted on 1/16/2019. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Bordelon, David) Modified text on 12/31/2018 (mm).
December 24, 2018 Filing 3 Directive of the Clerk regarding compliance with 28:1447(b) re: #1 Notice of Removal filed by Glatfelters Insurance Group, Emily Skidmore, Darrell Guilott, Volunteer Firemans Insurance Company, Helen Mitternight, Kathy Mitternight, George Schwing, Board of Commissioners of St. Tammany Fire District No. 12, Joseph Mitternight. By the Clerk. (mm)
December 21, 2018 Filing 2 Initial Case Assignment to Chief Judge Nannette Jolivette Brown and Magistrate Judge Michael North. (cc)
December 21, 2018 Filing 1 NOTICE OF REMOVAL from 22nd Judicial District Court, St. Tammany Parish, case number 18-14887 I (Filing fee $ 400 receipt number 053L-7320460) filed by Helen Mitternight, Joseph Mitternight, Volunteer Firemans Insurance Company, Darrell Guilott, Board of Comissioners of St. Tammany Fire District No. 12, Glatfelters Insurance Group, Kathy Mitternight, George Schwing, Emily Skidmore. (Attachments: #1 State Court Pleadings, #2 Civil Cover Sheet) Attorney David Ira Bordelon added to party Board of Comissioners of St. Tammany Fire District No. 12(pty:dft), Attorney David Ira Bordelon added to party Joseph Mitternight(pty:dft), Attorney David Ira Bordelon added to party Glatfelters Insurance Group(pty:dft), Attorney David Ira Bordelon added to party Darrell Guilott(pty:dft), Attorney David Ira Bordelon added to party Kathy Mitternight(pty:dft), Attorney David Ira Bordelon added to party Helen Mitternight(pty:dft), Attorney David Ira Bordelon added to party George Schwing(pty:dft), Attorney David Ira Bordelon added to party Emily Skidmore(pty:dft), Attorney David Ira Bordelon added to party Volunteer Firemans Insurance Company(pty:dft).(Bordelon, David) Modified text on 12/24/2018 (mm).

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Defendant: Volunteer Firemans Insurance Company
Represented By: David Ira Bordelon
Represented By: Wayne Robert Maldonado
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Defendant: Glatfelters Insurance Group
Represented By: David Ira Bordelon
Represented By: Wayne Robert Maldonado
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Defendant: Board of Comissioners of St. Tamman Fire District No. 12
Represented By: David Ira Bordelon
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Defendant: Emily Skidmore
Represented By: David Ira Bordelon
Represented By: Wayne Robert Maldonado
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Defendant: Helen Mitternight
Represented By: David Ira Bordelon
Represented By: Wayne Robert Maldonado
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Defendant: George Schwing
Represented By: David Ira Bordelon
Represented By: Wayne Robert Maldonado
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Defendant: Kathy Mitternight
Represented By: David Ira Bordelon
Represented By: Wayne Robert Maldonado
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Defendant: Estate of Joseph Mitternight
Represented By: David Ira Bordelon
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Defendant: Darrell Guilott
Represented By: David Ira Bordelon
Represented By: Wayne Robert Maldonado
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Defendant: Board of Commissioners of St. Tammany Fire Protection District No. 12
Represented By: David Ira Bordelon
Represented By: Wayne Robert Maldonado
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Defendant: Joseph Mitternight
Represented By: David Ira Bordelon
Represented By: Wayne Robert Maldonado
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Defendant: American Alternative Insurance Corporation
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Defendant: St. Tammany Fire District No. 12
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Defendant: Unidentified Party
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Plaintiff: Ray M Newton
Represented By: Stacy Renee Palowsky
Represented By: Patrick J. Berrigan
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