BlueTarp Financial, Inc. v. Robertson Development, LLC et al
BlueTarp Financial, Inc. |
Lawrence Q. Robertson, Robertson Development, LLC and Lawrence Robertson |
2:2019cv13006 |
October 7, 2019 |
US District Court for the Eastern District of Louisiana |
Dana Douglas |
Mary Ann Vial Lemmon |
Negotiable Instrument |
28 U.S.C. § 1332 Diversity-Breach of Contract |
Plaintiff |
Docket Report
This docket was last retrieved on August 29, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 74 ANSWER to #67 Amended Complaint with Jury Demand by Lawrence Robertson, Robertson Development, LLC.(Taylor, Nelson) |
Filing 73 SCHEDULING ORDER: All discovery must be completed by 11/18/2022. Final Pretrial Conference set for 1/19/2023 at 2:30 PM before Judge Mary Ann Vial Lemmon. Jury Trial set for 1/30/2023 at 9:00 AM before Judge Mary Ann Vial Lemmon. (Attachments: #1 Pretrial Notice Form) (NEF: Magistrate Judge)(sbs) |
Filing 72 NOTICE: Scheduling Conference set for 2/17/2022 at 10:30 AM before case manager by telephone. By Clerk.(sbs) |
Filing 71 USCA JUDGMENT issued as mandate on 2/7/2022 as to #51 Notice of Appeal. "IT IS ORDERED and ADJUDGED that the judgment of the District Court is REVERSED and REMANDED to the District Court for further proceedings in accordance with the opinion of this Court. IT IS FURTHER ORDERED that each party bear its own costs on appeal." USCA judge name: ELROD, SOUTHWICK, COSTA. (Attachments: #1 USCA Opinion, #2 Transmittal Letter)(cwa) |
Filing 70 ORDER AND REASONS denying #68 Motion for New Trial. Signed by Judge Mary Ann Vial Lemmon on 1/24/2022. (cwa) |
Filing 69 RESPONSE/MEMORANDUM in Opposition filed by BlueTarp Financial, Inc. re #68 MOTION for New Trial. (Ward, Grover) |
Filing 68 MOTION for New Trial by Robertson Development, LLC. Motion(s) will be submitted on 1/12/2022. (Attachments: #1 Memorandum in Support)(Taylor, Nelson) Modified text and submission date, requested notice of submission on 12/6/2021 (sbs). (Additional attachment(s) added on 12/7/2021: #2 Notice of Submission (Civil Only)) (cwa). |
Filing 67 AMENDED COMPLAINT with Jury Demand against Lawrence Robertson, Robertson Development, LLC filed by BlueTarp Financial, Inc.(cwa) |
Filing 66 ORDER AND REASONS granting #64 Motion for Leave to File Amended Complaint. IT IS FURTHER ORDERED that this matter is TRANSFERRED to the United States Fifth Circuit Court of Appeal for further proceedings. Signed by Judge Mary Ann Vial Lemmon on 11/4/2021.(NEF: Appeal CM, Appeals Unit, Appeals Notices) (cwa) |
Filing 65 RESPONSE/MEMORANDUM in Opposition filed by Robertson Development, LLC, Lawrence Robertson re #64 MOTION for Leave to File Amended Complaint and Demand for Jury Trial. (Attachments: #1 Exhibit)(Taylor, Nelson) Modified text/event on 11/4/2021 (cwa). |
Filing 64 MOTION for Leave to File Amended Complaint and Demand for Jury Trial by BlueTarp Financial, Inc. Motions(s) will be submitted on 11/10/2021. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Ward, Grover) Modified text on 10/21/2021 (cwa). Modified text, referred motion, set submission date, requested notice of submission on 10/22/2021. (sbs) (Additional attachment(s) added on 10/22/2021: #3 Notice of Submission (Civil Only)) (sbs). (Main Document 64 replaced on 10/25/2021) (sbs). (Additional attachment(s) added on 10/25/2021: #4 Memorandum in Support) (sbs). |
Filing 63 Notice of Compliance by BlueTarp Financial, Inc. re #57 Order. (Ward, Grover) Modified text on 10/21/2021 (cwa). |
Filing 62 Notice of Compliance by All Defendants re #57 Order. (Attachments: #1 Exhibit-Robertson Development, #2 Exhibit-Morrison Lumber)(Taylor, Nelson) Modified text on 10/20/2021 (sbs). |
Filing 61 ORDER GRANTING #59 MOTION to Withdraw and Substitute Counsel of Record. IT IS HEREBY ORDERED that attorney Joseph H. Hart, IV be and hereby is withdrawn, and G. Benjamin Ward be and hereby is substituted as counsel of record for Plaintiff, Bluetarp Financial, Inc. Signed by Judge Mary Ann Vial Lemmon on 10/8/2021.(pp) |
Filing 60 ORDER: IT IS ORDERED that the #58 Objection is OVERRULED. Defense counsel shall comply with the court's prior order by 10/13/2021. Signed by Judge Mary Ann Vial Lemmon on 10/7/2021.(pp) |
Filing 59 EXPARTE MOTION to Withdraw Joseph H. Hart, IV as Attorney and Substitute Counsel of Record by BlueTarp Financial, Inc. (Attachments: #1 Proposed Order)Attorney Grover Benjamin Ward added to party BlueTarp Financial, Inc.(pty:pla).(Ward, Grover) Modified text on 10/8/2021 (pp). |
Filing 58 OBJECTIONS by All Defendants to #57 Order. (Taylor, Nelson) Modified text on 10/5/2021 (sbs). |
Filing 57 ORDER: IT IS ORDERED that defendant, Robertson Development, L. L.C., shall supplement the record with proof of the citizenship of its individual members within five days of entry of this order. Within five days of supplementation of the record, plaintiff shall file any amendments to the allegations of the complaint necessary to establish diversity jurisdiction. Signed by Judge Mary Ann Vial Lemmon on 9/29/2021.(cwa) |
Filing 56 ORDER of USCA as to #51 Notice of Appeal. USCA Judge Name: ELROD, SOUTHWICK, COSTA, "It is unclear on this record who the members of Robertson Development are or what their citizenship may be. It is, however, possible that jurisdiction exists. We therefore issue a limited remand to the district court to determine whether it has diversity jurisdiction. If jurisdiction does not exist, then the district court must dismiss the case. If there is subject matter jurisdiction, then the record on appeal should be supplemented accordingly." (Attachments: #1 Transmittal Letter)(cwa) |
Filing 55 Electronic Record on Appeal Access Granted to Grover Benjamin Ward re #51 Notice of Appeal. USCA Case Number 21-30056. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (as) |
Filing 54 Electronic Record on Appeal Access Granted to Nelson Dan Taylor, Sr re #51 Notice of Appeal. USCA Case Number 21-30056. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (as) |
Filing 53 Electronic Record on Appeal Access Granted to Joseph Henry Hart, IV re #51 Notice of Appeal. USCA Case Number 21-30056. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (as) |
Filing 52 USCA Case Number 21-30056 appealed to Fifth Circuit Court of Appeals for #51 Notice of Appeal filed by Robertson Development, LLC. (sbs) |
Filing 51 NOTICE OF APPEAL re #47 Judgment by Robertson Development, LLC. (Filing fee $505, receipt number ALAEDC-8711957.) (Taylor, Nelson) Modified text, added link on 1/29/2021 (sbs). |
Filing 50 ORDER granting #49 Motion for Extension of Time to File Notice of Appeal. FURTHER ORDERED that defendants file their notice of appeal with this court within 10 days of this order. Signed by Judge Mary Ann Vial Lemmon on 1/25/2021. (sbs) |
Filing 49 EXPARTE/CONSENT Amended MOTION for Extension of Time to File Notice of Appeal by Lawrence Robertson, Robertson Development, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Taylor, Nelson) Modified text, added filer on 1/24/2021 (sbs). |
Filing 48 **DUPLICATE ENTRY. SEE R. DOC. 49** EXPARTE/CONSENT MOTION for Extension of Time to File Notice of Appeal by Robertson Development, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Taylor, Nelson) Modified text on 1/24/2021 (sbs). |
Filing 47 JUDGMENT entered in favor of BlueTarp Financial, Inc. against Robertson Development, LLC. Signed by Judge Mary Ann Vial Lemmon on 12/21/2020.(sbs) |
Filing 46 ORDER AND REASONS granting in part #39 MOTION for Summary Judgment on Damages filed by BlueTarp Financial, Inc. Plaintiff is entitled to judgment against defendant Robertston Development, LLC in the amount of $111,290.15, plus pre-judgment interest from December 26, 2018 through the date of judgment at the rates established by La. R.S. 9:3500 and post-judgment interest from the date of judgment until paid, to be calculated in accordance with 28 U.S.C. 1961(a). Signed by Judge Mary Ann Vial Lemmon on 12/21/2020.(sbs) |
Filing 45 REPLY to Response to Motion filed by BlueTarp Financial, Inc. re #39 MOTION for Summary Judgment on Damages. (sbs) |
Filing 44 ORDER granting #43 Motion for Leave to File Reply. Signed by Judge Mary Ann Vial Lemmon on 12/16/2020. (sbs) |
Filing 43 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of #39 MOTION for Summary Judgment on Damages, by BlueTarp Financial, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Hart, Joseph) Modified text, added link on 12/15/2020 (sbs). |
Filing 42 RESPONSE/MEMORANDUM in Opposition filed by Lawrence Robertson, Robertson Development, LLC re #39 MOTION for Summary Judgment on Damages. (sbs) |
Filing 41 ORDER granting #40 Motion for Leave to Docket Out of Time Opposition. Signed by Judge Mary Ann Vial Lemmon on 12/10/2020. (sbs) |
Filing 40 EXPARTE/CONSENT MOTION to Docket Out of Time Opposition re #39 MOTION for Summary Judgment on Damages by Robertson Development, LLC. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Taylor, Nelson) Modified text, added link, emailed counsel requesting statement of facts on 12/10/2020 (sbs). |
Filing 39 MOTION for Summary Judgment on Damages by BlueTarp Financial, Inc. Motion(s) will be submitted on 12/16/2020. (Attachments: #1 Notice of Submission, #2 Statement of Contested/Uncontested Facts, #3 Memorandum in Support, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D)(Hart, Joseph) Modified text on 12/1/2020 (sbs). |
Filing 38 ORDER AND REASONS - IT IS HEREBY ORDERED that plaintiff's #21 Motion for Summary Judgment is GRANTED in part, insofar as the court finds that Robertson Development, LLC breached its settlement agreement with plaintiff. In all other respects, it is DENIED. Signed by Judge Mary Ann Vial Lemmon on 11/5/2020. (sbs) |
Filing 37 AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 4/29/2021 at 4:30 PM before Judge Mary Ann Vial Lemmon. Jury Trial set for 5/10/2021 at 9:00 AM before Judge Mary Ann Vial Lemmon. All discovery must be completed by 2/26/2021. (Attachments: #1 Pretrial Notice Form) (NEF: Magistrate Judge)(sbs) |
Filing 36 EXPARTE/CONSENT MOTION to Enter Scheduling Order by All Defendants. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Taylor, Nelson) Modified text on 10/20/2020 (sbs). Modified on 10/20/2020 (sbs). **Case Manager did not enter Amended Scheduling Order. Error realized upon filing of this motion. Case Manager immediately entered the Amended Scheduling Order. Motion terminated as moot per chambers. 10/20/2020** |
Filing 35 REPLY to Response to Motion filed by BlueTarp Financial, Inc. re #21 MOTION for Summary Judgment. (Attachments: #1 Exhibits)(sbs) |
Filing 34 ORDER granting #30 Motion for Leave to File Reply. Signed by Judge Mary Ann Vial Lemmon on 10/14/2020. (sbs) |
Filing 33 RESPONSE/MEMORANDUM in Opposition filed by Lawrence Robertson, Robertson Development, LLC re #21 MOTION for Summary Judgment. (Attachments: #1 Exhibits)(sbs) |
Filing 32 ORDER granting #31 MOTION to Docket Out of Time Opposition re #21 MOTION for Summary Judgment filed by All Defendants. Signed by Judge Mary Ann Vial Lemmon on 10/14/2020. (sbs) |
Filing 31 MOTION to Docket Out of Time Opposition re #21 MOTION for Summary Judgment by All Defendants. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading, #3 Proposed Order)(Taylor, Nelson) Modified text on 10/14/2020 (sbs). (Additional attachment(s) added on 10/14/2020: #4 Proposed Pleading Exhibits) (sbs). |
Filing 30 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of #21 MOTION for Summary Judgment, filed by BlueTarp Financial, Inc. (Attachments: #1 Exhibit R-1)(Hart, Joseph) Modified event and text, added documents on 10/14/2020 (sbs). (Main Document 30 replaced on 10/14/2020) (sbs). (Additional attachment(s) added on 10/14/2020: #2 Proposed Pleading Reply, #3 Proposed Order) (sbs). |
Filing 29 **FILED IN ERROR. DOCUMENT ENTERED CORRECTLY. SEE R. DOC. 33** Statement of Facts in Opposition to Motion filed by All Defendants re #21 MOTION for Summary Judgment. (Taylor, Nelson) Modified text on 10/9/2020 (sbs). Modified text on 10/14/2020 (sbs). |
Filing 28 RESPONSE/MEMORANDUM in Opposition filed by BlueTarp Financial, Inc. re #27 MOTION to Continue Submission Date re #21 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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Hart, Joseph) |
Filing 27 MOTION to Continue Submission Date re #21 MOTION for Summary Judgment by All Defendants. Motion(s) will be submitted on 10/28/2020. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Taylor, Nelson) Modified text and submission date on 10/7/2020 (sbs). (Motion terminated upon filing of response/memo in opp by defendants on 10/14/2020) |
Filing 26 ORDER granting #25 MOTION to Continue the Submission Date re #21 MOTION for Summary Judgment filed by BlueTarp Financial, Inc. Motion(s) will be submitted on 10/14/2020. Signed by Judge Mary Ann Vial Lemmon on 8/17/2020.(sbs) |
Filing 25 EXPARTE/CONSENT MOTION to Continue the Submission Date re #21 MOTION for Summary Judgment by BlueTarp Financial, Inc. (Attachments: #1 Proposed Order)(Hart, Joseph) Modified text, added link on 8/17/2020 (sbs). |
Filing 24 EXPARTE/CONSENT MOTION for Leave to File Out of Time Opposition to #21 MOTION for Summary Judgment, filed by All Defendants. (Taylor, Nelson) (Main Document 24 replaced on 8/13/2020) (sbs) (Main Document 24 replaced on 8/13/2020) (sbs). (Additional attachment(s) added on 8/13/2020: #1 Memorandum in Support, #2 Proposed Order, #3 Proposed Pleading) (sbs). Modified text on 8/13/2020 (sbs). |
Filing 23 NOTICE: Scheduling Conference set for 8/7/2020 at 10:00 AM before case manager by telephone. The Court's Case Manager will provide counsel with the dial-in information necessary to participate in the conference call. Please check your e-mail. By Clerk. (sbs) (Main Document 23 replaced on 8/3/2020) (sbs). |
Filing 22 Minute Entry for proceedings held before Magistrate Judge Dana Douglas: Settlement Conference held on 7/21/2020. A settlement could not be confected at this time. Counsel are instructed to notify the undersigned if an additional settlement conference would be beneficial prior to trial. (cg) |
Filing 21 MOTION for Summary Judgment by BlueTarp Financial, Inc. Motion(s) will be submitted on 8/19/2020. (Attachments: #1 Memorandum in Support, #2 Exhibits 1-5, #3 Notice of Submission)(Hart, Joseph) Modified text, contacted filing attorney for statement of facts on 7/13/2020 (sbs). (Additional attachment(s) added on 7/13/2020: #4 Statement of Contested/Uncontested Facts) (sbs). |
Filing 20 ORDER granting #19 Joint MOTION to Vacate Scheduling Order and Continue Trial. Signed by Judge Mary Ann Vial Lemmon on 6/25/2020.(sbs) |
Filing 19 EXPARTE/CONSENT Joint MOTION to Vacate Scheduling Order and Continue Trial by Lawrence Robertson. (Attachments: #1 Proposed Order)(Taylor, Nelson) Modified text on 6/25/2020 (sbs). |
Filing 18 ORDER - A settlement conference in the above captioned matter is hereby SCHEDULED for Tuesday, July 21, 2020 at 10:00 A.M. before United States Magistrate Judge Dana M. Douglas. Each party shall provide, in confidence, a concise settlement memorandum. The memorandum shall be submitted three (3) working days prior to the conference and shall be no longer than three (3) pages double spaced. The memorandum shall be emailed directly to: efile-douglas@laed.uscourts.gov. The email subject line should read: "Settlement Position Paper for [case number] on [date of conference]". Signed by Magistrate Judge Dana Douglas on 6/23/20.(cg) |
Filing 17 ORDER - IT IS ORDERED that the parties contact Magistrate Judge Dana M. Douglas within 10 days for the purpose of conducting a settlement conference. Settlement conference must be held before pre-trial. Signed by Judge Mary Ann Vial Lemmon on 6/22/2020.(sbs) |
Filing 16 Witness and Exhibit List by All Defendants. (Taylor, Nelson) |
Filing 15 Witness List by BlueTarp Financial, Inc. (Hart, Joseph) |
Filing 14 Exhibit List by BlueTarp Financial, Inc. (Hart, Joseph) |
Filing 13 SCHEDULING ORDER: Final Pretrial Conference set for 8/13/2020 at 3:30 PM before Judge Mary Ann Vial Lemmon. Jury Trial set for 8/24/2020 at 9:00 AM before Judge Mary Ann Vial Lemmon. All discovery must be completed by 6/12/2020. (Attachments: #1 Pretrial Notice Form) (NEF: Magistrate Judge)(sbs) |
Filing 12 Statement of Corporate Disclosure by Robertson Development, LLC (Taylor, Nelson) |
Filing 11 Statement of Corporate Disclosure by BlueTarp Financial, Inc. (Hart, Joseph) |
Filing 10 NOTICE: Scheduling Conference set for 2/6/2020 at 10:00 AM before case manager by telephone. By Clerk. (sbs) |
Filing 9 ORDER granting #8 Motion to Enroll as Counsel of Record for Attorney Nelson Dan Taylor, Sr. for Lawrence Robertson and Robertson Development, LLC. Signed by Judge Mary Ann Vial Lemmon on 1/20/2020. (sbs) |
Filing 8 EXPARTE/CONSENT MOTION to Enroll Counsel for Defendants Nelson Taylor by Lawrence Robertson, Robertson Development, LLC. (Attachments: #1 Proposed Order )Attorney Nelson Dan Taylor, Sr added to party Lawrence Robertson(pty:dft), Attorney Nelson Dan Taylor, Sr added to party Robertson Development, LLC(pty:dft).(Taylor, Nelson) Modified text on 1/17/2020 (sbs). |
Filing 7 NOTICE: Scheduling Conference set for 11/21/2019 at 10:00 AM before case manager by telephone. By Clerk.(sbs) |
Filing 6 ANSWER to #1 Complaint, by Lawrence Robertson, Robertson Development, LLC.(sbs) |
Filing 5 SUMMONS Returned Executed; Robertson Development, LLC served on 10/13/2019, answer due 11/4/2019. (Hart, Joseph) |
Filing 4 SUMMONS Returned Executed; BlueTarp Financial, Inc. served on 10/13/2019, answer due 11/4/2019. (Hart, Joseph) |
Filing 3 Summons Issued as to Lawrence Robertson, Robertson Development, LLC. (Attachments: #1 Summons)(sbs) |
Filing 2 Initial Case Assignment to Judge Mary Ann Vial Lemmon and Magistrate Judge Dana Douglas. (go) |
Filing 1 COMPLAINT with jury demand against Lawrence Robertson, Robertson Development, LLC (Filing fee $400 receipt number 053L-7892827) filed by BlueTarp Financial, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit Exhibit 2, #3 Civil Cover Sheet, #4 Summons, #5 Summons) Attorney Joseph Henry Hart, IV added to party BlueTarp Financial, Inc.(pty:pla).(Hart, Joseph) Modified text on 10/8/2019 (sbs). |
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