Chow et al v. United States et al
| Jenny Y Chow, Peter S Chow and Yi Jing Wong Chow |
| Allstate Insurance Company, Thomas J Yerbich, United States, Dyna Garcia, California State, Pomona City, Hollins & Associates, Unidentified Parties, Alaska State, Alvarez-Glasman & Colvin and Harold W Green, Jr |
| 2:2019cv13217 |
| October 16, 2019 |
| US District Court for the Eastern District of Louisiana |
| Ivan LR Lemelle |
| Joseph C Wilkinson |
| Civil Rights: Other |
| 28 U.S.C. § 1367 |
| Plaintiff |
Docket Report
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| Filing 33 Correction of Docket Entry by Clerk re #30 MOTION to Dismiss MOTION for Sanctions , #31 MOTION for Leave to File Reply Brief In Support of Motion to Dismiss.**This motion will be decided by the District Judge. Clerk took corrective action. No further action necessary.** (pp) |
| Filing 32 RESPONSE/MEMORANDUM in Opposition filed by Jenny Y Chow, Peter S Chow re #16 MOTION to Dismiss for Failure to State a Claim. (Attachments: #1 Mailing Envelope)(mp) |
| Filing 31 EXPARTE/CONSENT MOTION for Leave to File Reply Brief In Support of Motion to Dismiss by Alvarez-Glasman & Colvin, Pomona City. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Kostal, Tyler) Modified text on 12/13/2019 (pp). |
| Filing 30 MOTION to Dismiss , MOTION for Sanctions by Harold W Green, Jr, Hollins & Associates. Motion(s) will be submitted on 1/8/2020. (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 Exhibit H, #10 Notice of Submission)(Smith-Clevenger, Sarah) Modified text on 12/13/2019 (pp). |
| Filing 27 Correction of Docket Entry by Clerk re #26 MOTION to Dismiss Case .**Document contains incorrect Section. All future pleadings must reflect Section B Judge Ivan L.R. Lemelle. No further action necessary.** (pp) |
| Filing 26 MOTION to Dismiss Case by United States. Motion(s) will be submitted on 1/8/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)Attorney Mary Katherine Kaufman added to party United States(pty:dft).(Kaufman, Mary Katherine) |
| Filing 29 RESPONSE/MEMORANDUM in Opposition filed by Jenny Y Chow, Peter S Chow re #15 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Exhibits)(jls) |
| Filing 28 RESPONSE/MEMORANDUM in Opposition filed by Jenny Y Chow, Peter S Chow re #9 MOTION to Dismiss for Lack of Jurisdiction. (jls) |
| Filing 25 EXPARTE/CONSENT MOTION for Leave to File Reply brief to Plaintiffs Opposition to State of Alaskas Motion for Waiver to Appear and Participate in the United State District Court for the Eastern District of Louisiana Pursuant to Local Rule 83.2.6 and Motion to Dismiss by Alaska State. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Hofmeister, Benjamin) (Main Document 25 replaced on 12/6/2019) (pp). (Attachment 1 replaced on 12/6/2019) (pp). |
| Filing 24 **DEFICIENT REPLY to Response to Motion filed by Alaska State re 18 MOTION to Dismiss for Lack of Jurisdiction . (Hofmeister, Benjamin) Modified on 12/5/2019 (pp).** |
Filing 23
ORDER granting #20 Motion to Appear Pro Hac Vice as to Damian Arenz Northcutt. Signed by Judge Ivan L.R. Lemelle on 12/3/19. (Attachments: #1 Notice) (ko)
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| Filing 22 Correction of Docket Entry by Clerk re #21 MOTION to Dismiss. **Filing attorney should have selected 'No' at the question 'Is this an Exparte/Consent Motion Y/N? Motions that are set for hearing are not Exparte. Clerk has removed 'Exparte'. No further action necessary.** (pp) |
| Filing 21 MOTION to Dismiss for Failure to State a Claim by Allstate Insurance Company. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)Attorney James L. Donovan, Jr added to party Allstate Insurance Company(pty:dft).(Donovan, James) Modified text on 12/3/2019 (pp). |
| Filing 20 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Damian A. Northcutt (Filing fee $ 100 receipt number ALAEDC-8001221) by Alvarez-Glasman & Colvin, Pomona City. (Attachments: #1 Proposed Order, #2 Exhibit 1 Certificate of Good Standing from the Central District of California, #3 Exhibit 2 Affidavit from Mr. Northcutt, #4 Exhibit 3 completed EDLA Consent to Electronic Filing form)(Kostal, Tyler) |
| Filing 19 RESPONSE/MEMORANDUM in Opposition filed by Jenny Y Chow, Peter S Chow re #12 MOTION to Appear Pro Hac Vice. (Attachments: #1 Exhibits A-D)(mm) |
| Filing 18 MOTION to Dismiss for Lack of Jurisdiction by Alaska State. Motion(s) will be submitted on 12/18/2019. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Proposed Order, #4 Notice of Submission)(Hofmeister, Benjamin) |
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Filing 17
ORDER granting #10 , #11 Motion for Extension of Time to Answer; granting #12 Motion for Waiver to Appear and Participate pursuant to Local Rule 83.2.6. FURTHER ORDERED that Hollins & Associates and Harold W Green, shall file responsive pleadings to Plaintiffs' complaint no later than 12/12/2019. FURTHER ORDERED that Benjamin J. Hofmeister is granted leave to participate pro hac vice without joinder of local counsel, but subject to court reconsideration and modification. Signed by Judge Ivan L.R. Lemelle on 11/21/19. (Attachments: #1 Notice) (ko)
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| Filing 16 MOTION to Dismiss Case for Failure to State a Claim by Alvarez-Glasman & Colvin, Pomona City. Motion(s) will be submitted on 12/18/2019. (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 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Request for Judicial Notice, #13 Notice of Submission)Attorney Tyler Moore Kostal added to party Alvarez-Glasman & Colvin(pty:dft), Attorney Tyler Moore Kostal added to party Pomona City(pty:dft).(Kostal, Tyler) Modified text on 11/25/2019 (pp). |
| Filing 15 MOTION to Dismiss for Lack of Jurisdiction by Dyna Garcia. Motion(s) will be submitted on 1/22/2020. (Attachments: #1 Memorandum in Support #2 Exhibit A, #3 Exhibit A-1, #4 Notice of Submission)(Hardy, C.) Modified text on 11/25/2019 (pp). |
| Filing 14 Correction of Docket Entry by Clerk re #12 MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-7986012). **Document no longer deemed deficient and has been accepted for filing.** (pp) |
| Filing 13 **DEFICIENT MOTION to Dismiss for Lack of Jurisdiction by Dyna Garcia. Motion(s) will be submitted on 11/21/2019. (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit A)Attorney C. Shannon Hardy added to party Dyna Garcia(pty:dft).(Hardy, C.) Modified on 11/22/2019 (pp).** |
| Filing 12 EX PARTE/CONSENT MOTION to Appear Pro Hac Vice and Request to Waive Local Counsel (Filing fee $ 100 receipt number ALAEDC-7986012) by Alaska State. (Attachments: #1 Memorandum in Support, #2 Affidavit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Proposed Order, #9 Notice of Submission)Attorney Benjamin J. Hofmeister added to party Alaska State(pty:dft).(Hofmeister, Benjamin) Modified on 11/21/2019 (pp). |
| Filing 11 EXPARTE/CONSENT MOTION for Extension of Time to Answer or File Other Responsive Pleading by Hollins & Associates. (Attachments: #1 Proposed Order)Attorney Sarah Smith-Clevenger added to party Hollins & Associates(pty:dft).(Smith-Clevenger, Sarah) |
| Filing 10 EXPARTE/CONSENT MOTION for Extension of Time to Answer or File Other Responsive Pleading by Harold W Green, Jr. (Attachments: #1 Proposed Order)Attorney Sarah Smith-Clevenger added to party Harold W Green, Jr(pty:dft).(Smith-Clevenger, Sarah) |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction by Thomas J Yerbich. Motion(s) will be submitted on 12/18/2019. (Attachments: #1 Exhibits, #2 Notice of Submission)(jls) |
| Filing 8 SUMMONS Returned Executed; Alaska State served on 10/31/2019, answer due 11/21/2019; Allstate Insurance Company served on 10/31/2019, answer due 11/21/2019; Alvarez-Glasman & Colvin served on 10/31/2019, answer due 11/21/2019; California State served on 10/31/2019, answer due 11/21/2019; Dyna Garcia served on 10/31/2019, answer due 11/21/2019; Harold W Green, Jr served on 10/31/2019, answer due 11/21/2019; Hollins & Associates served on 10/31/2019, answer due 11/21/2019; Pomona City served on 10/31/2019, answer due 11/21/2019; Thomas J Yerbich served on 10/31/2019, answer due 11/21/2019. (Attachments: #1 Summons Return, #2 Summons Return, #3 Summons Return, #4 Summons Return, #5 Summons Return, #6 Summons Return, #7 Summons Return, #8 Summons Return, #9 Mailing Envelope)(mp) |
| Filing 7 SUMMONS Returned Executed; United States served on 10/31/2019, answer due 12/30/2019. (Attachments: #1 Summons Return)(mp) |
| Filing 6 Summons Issued as to Alaska State, Allstate Insurance Company, Alvarez-Glasman & Colvin, California State, Dyna Garcia, Harold W Green, Jr, Hollins & Associates, Pomona City, United States, Thomas J. Yerbich. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons) #10 Summons) (3 cc: Pauper Letter, Pauper Order, Summons & Certified Complaints to Plaintiffs, via US Mail). (sa) |
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Filing 5
ORDER granting #2 and #3 Motion for Leave to Proceed in forma pauperis. The Motion is GRANTED as to both plaintiffs and they are entitled to proceed in forma pauperis. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 10/25/2019. (Attachments: #1 Pauper Letter) (sa)
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Filing 4
ORDER REASSIGNING CASE. Case reassigned to Judge Ivan L.R. Lemelle. Judge Lance M Africk no longer assigned to case. Signed by Judge Lance M Africk on 10/24/2019.(blg)
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| Filing 3 EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Peter S Chow. Motion(s) referred to Joseph C. Wilkinson, Jr. (mm) |
| Filing 2 EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Jenny Y Chow. Motion(s) referred to Joseph C. Wilkinson, Jr. (mm) |
| Filing 1 COMPLAINT with jury demand against Alaska State, Allstate Insurance Company, Alvarez-Glasman & Colvin, California State, Dyna Garcia, Harold W Green, Jr, Hollins & Associates, Pomona City, Unidentified Parties, United States, Thomas J Yerbich filed by Peter S Chow, Jenny Y Chow. (Attachments: #1 Exhibits 1-7, #2 Civil Cover Sheet, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons)(mm) |
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