Billiot et al v. Maxum Indemnity Company et al
| Troy Pellegrin, Eugene Andras, Thomas Tegart, Mark Savoie, Maloy Guilbeau, Lloyd Cancienne, Jr, Gordon Rose, Charles Billiot, Jr, Dean Richard, Brett Bascle, Darren Pitre, Jessica Dufrene and Marcy Trahan |
| QBE Insurance Corporation, Cindy L. Nations, Allied World Insurance Company, Maxum Indemnity Company, Rueb & Motta APLC, The Nicks Law Firm LLC, Landmark American Insurance Company, Howard L. Nations, Joseph A Motta Attorney At Law APLC, The Rueb Law Firm APLC, Shantrell Nicks, Joseph A. Motta, Gregory D. Rueb, Howard L Nations APC, Rueb Law Firm, APLC, Rueb & Motta, APLC, Howard L. Nations, APC, Nicks Law Firm, LLC and Allied World Surplus Lines Ins. Co. |
| 2:2020cv02997 |
| November 4, 2020 |
| US District Court for the Eastern District of Louisiana |
| Janis van Meerveld |
| Wendy B Vitter |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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Filing 38
ORDER: IT IS HEREBY ORDERED that the Motion is GRANTED as modified and the following civil matters are CONSOLIDATED: Civ. A. No. 20-2995, Henry, et al. v.Maxum Indemnity Company, et al., and Civ. A. No. 20-2997, Billiot, et al. v. Maxum Indemnity Company, et al., and Civ. A. No. 20-2998, Pierce v. Maxum Indemnity Company, et al. The foregoing matters are consolidated for all purposes, including trial, unless and until the Court grants a request for severance of any issues or for a separate trial for any plaintiff. IT IS FURTHER ORDERED that the separate scheduling conferences set in the three foregoing matters on December 29, 2020 are CANCELLED and RESET for December 29, 2020 at 9:00 a.m. Signed by Judge Wendy B Vitter on 12/03/2020.(ko)
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Filing 37
ORDER OF DISMISSAL: IT IS HEREBY ORDERED that the #34 Motion to Dismiss Party is GRANTED. All of Plaintiffs' claims against defendant, Allied World Surplus Lines Insurance Company, improperly named as Allied World Insurance Company, are DISMISSED WITHOUT PREJUDICE and with each party to bear its own costs. Plaintiffs' claims against the other defendants remain pending. Signed by Judge Wendy B Vitter on 12/3/2020. (jeg)
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| Filing 36 MOTION to Sever by Howard L. Nations, APC, Cindy L. Nations, Howard L. Nations, Gregory D. Rueb, Rueb & Motta, APLC, Rueb Law Firm, APLC. Motion(s) will be submitted on 12/29/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Burnthorn, Judy) Responses due by 12/21/2020 (mmv). |
| Filing 35 ANSWER to #1 Notice of Removal, Plaintiffs' Petition and First Amended Petition by Maxum Indemnity Company.(Schmeeckle, Seth) |
| Filing 34 EXPARTE/CONSENT MOTION to Dismiss Party Allied World by Eugene Andras, Brett Bascle, Charles Billiot, Jr, Lloyd Cancienne, Jr, Jessica Dufrene, Maloy Guilbeau, Troy Pellegrin, Darren Pitre, Dean Richard, Gordon Rose, Mark Savoie, Thomas Tegart, Marcy Trahan. (Attachments: #1 Proposed Order)(Block, Jerald) |
| Filing 33 RE-NOTICE of Hearing. The call-in scheduling conference is reset for 12/29/2020 09:30 AM before case manager by telephone. By Clerk. Please follow the instructions provided in the notice. (mmv) |
| Filing 32 MOTION for More Definite Statement , MOTION to Strike by Shantrell Nicks, Nicks Law Firm, LLC. Motion(s) will be submitted on 12/29/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(McGoey, Patrick) Responses due by 12/21/2020 (mmv). |
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Filing 31
ORDER: IT IS HEREBY ORDERED that this case, currently referred to Magistrate Judge Currault, is TRANSFERRED to Magistrate Judge van Meerveld. Signed by Judge Wendy B Vitter on 11/30/2020.(jeg)(NEF: Magistrates 1 and 2) Modified on 11/30/2020 (jeg).
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| Filing 30 MOTION to Dismiss for Failure to State a Claim by Howard L. Nations, APC, Cindy L. Nations, Howard L. Nations, Gregory D. Rueb, Rueb & Motta, APLC, Rueb Law Firm, APLC. Motion(s) will be submitted on 2/9/2021. (Attachments: #1 Notice of Submission, #2 Memorandum in Support, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Affidavit)(Rinardo, Joanne) Responses due by 2/1/2021 (mmv). |
| Filing 29 **DEFICIENT** Request by Landmark American Insurance Company for Single Scheduling Conference on 12-3-2020 (Fagan, George) Modified on 11/24/2020 (jeg). |
| Filing 28 ANSWER to #1 Notice of Removal Petition for Damages and First Amended Petition by Landmark American Insurance Company.(Sirera, Sara) Modified text on 11/24/2020 (jeg). |
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Filing 27
TEXT ORDER (No PDF Document Attached) Granting #25 unopposed Motion for Extension of Time to Answer. Allied World Surplus Lines Insurance Company shall have until December 10, 2020 to file responsive pleadings. Signed by Judge Wendy B Vitter on 11/23/20. (fmm)
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| Filing 26 Statement of Corporate Disclosure by Maxum Indemnity Company identifying Corporate Parent The Hartford Financial Services Group, Inc., Corporate Parent Hartford Fire Insurance Company, Corporate Parent Maxum Indemnity Company for Maxum Indemnity Company (Farmer, Jay) |
| Filing 25 EXPARTE/CONSENT Second MOTION for Extension of Time to Answer re #1 Notice of Removal, Joint Petition for Damages & Plaintiffs' First Amended Petition for Damages by Allied World Surplus Lines Ins. Co.. (Attachments: #1 Proposed Order)(Sharer, Janelle) |
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Filing 24
TEXT ORDER (No PDF Document Attached) Granting #22 Motion for Extension of Time to Answer. Howard L. Nations, Cindy Nations, Howard Nations, APC, Gregory D. Rueb, The Rueb Law Firm, APLC and Rueb & Motta, APLC shall have until November 23, 2020 to file responsive pleadings. Signed by Judge Wendy B Vitter on 11/19/20. (fmm)
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| Filing 23 Statement of Corporate Disclosure by Nicks Law Firm, LLC (McGoey, Patrick) |
| Filing 22 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Notice of Removal, by Howard L. Nations, APC, Cindy L. Nations, Howard L. Nations, Gregory D. Rueb, Rueb & Motta, APLC, Rueb Law Firm, APLC. (Attachments: #1 Proposed Order)(Burnthorn, Judy) |
| Filing 21 Correction of Docket Entry by Clerk re #19 Notice of Compliance. **Filing attorney selected incorrect event. Correct event is Statement of Corporate Disclosures. Clerk took corrective action by changing the event and adding Corporate Parents. Please use correct event for future pleadings.** (jeg) |
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Filing 20
TEXT ORDER (No PDF Document Attached) Granting #16 Motion for Extension of Time to Answer. QBE Insurance Company shall have until December 6, 2020 to file responsive pleadings. Signed by Judge Wendy B Vitter on 11/17/20. (fmm)
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| Filing 19 STATEMENT of Corporate Disclosures filed by Landmark American Insurance Company identifying Corporate Parent RSUI Indemnity Company; Corporate Parent RSUI Group Inc.; Corporate Parent Alleghany Insurance Holdings, L.L.C.; Corporate Parent Alleghany Corporation for Landmark American Insurance Company. (Sirera, Sara) Modified text/event on 11/17/2020 (jeg). |
| Filing 18 Notice of Compliance Listing Pursuant to 28 USC 1447(b) by Landmark American Insurance Company re #1 Notice of Removal,. (Attachments: #1 State Court Pleadings)(Sirera, Sara) |
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Filing 17
TEXT ORDER (No PDF Document Attached) Granting #13 Motion for Extension of Time to Answer. Landmark American Insurance Company shall have until November 23, 2020 to file responsive pleadings. Signed by Judge Wendy B Vitter on 11/16/20. (fmm)
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| Filing 16 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Notice of Removal, by QBE Insurance Corporation. (Attachments: #1 Proposed Order)(Siegel, Robert) |
| Filing 15 Correction of Docket Entry by Clerk re #13 MOTION for Extension of Time to Answer. **Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' or by selecting a related document on other appropriate screen. Clerk took corrective action by linking document to document 1. No further action necessary.** (jeg) |
| Filing 14 Correction of Docket Entry by Clerk re #13 MOTION for Extension of Time to Answer. **Document contains incorrect Section. All future pleadings must reflect Section D Judge Wendy B. Vitter. No further action necessary.** (jeg) |
| Filing 13 EXPARTE/CONSENT MOTION for Extension of Time to Answer #1 Notice of Removal (Petition for Damages) by Landmark American Insurance Company. (Attachments: #1 Proposed Order)(Sirera, Sara) Modified linkage on 11/13/2020 (jeg). |
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Filing 12
TEXT ORDER (No PDF Document Attached) Granting #8 Motion for Extension of Time to Answer. Pursuant to L.R. 7.8, The Nicks Law Firm, LLC and Shantrell Nicks shall have until December 2, 2020 to file responsive pleadings. Signed by Judge Wendy B Vitter on 11/12/20. (fmm)
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Filing 11
TEXT ORDER (No PDF Document Attached) Granting #7 Motion for Extension of Time to Answer. Pursuant to L.R. 7.8, Maxum Indemnity Company shall have until December 2, 2020 to file responsive pleadings. Signed by Judge Wendy B Vitter on 11/12/20. (fmm)
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Filing 10
TEXT ORDER (No PDF Document Attached) Granting #6 Motion for Extension of Time to Answer. Allied World Surplus Lines Insurance Company shall have until November 21, 2020 to file responsive pleadings. Signed by Judge Wendy B Vitter on 11/12/20. (fmm)
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| Filing 9 Correction of Docket Entry by Clerk re #7 MOTION for Extension of Time to Answer Plaintiff's Comlaint, #8 MOTION for Extension of Time to Answer. **Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' or by selecting a related document on other appropriate screen. Clerk took corrective action by linking document to document 1. No further action necessary.** (jeg) |
| Filing 8 EXPARTE/CONSENT MOTION for Extension of Time to Answer #1 Notice of Removal- Petition for Damages by Shantrell Nicks, Nicks Law Firm, LLC. (Attachments: #1 Rule 7.8 Certification, #2 Proposed Order)(McGoey, Patrick) Modified text/linkage on 11/12/2020 (jeg). |
| Filing 7 EXPARTE/CONSENT MOTION for Extension of Time to Answer #1 Notice of Removal- Petition for Damages by Maxum Indemnity Company. (Attachments: #1 Rule 7.8 Certification, #2 Proposed Order)(Farmer, Jay) Modified text/linkage on 11/12/2020 (jeg). |
| Filing 6 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Notice of Removal, Joint Petition for Damages & Plaintiffs' First Amended Petition for Damages by Allied World Surplus Lines Ins. Co.. (Attachments: #1 Proposed Order)(Sharer, Janelle) |
| Filing 5 NOTICE of Hearing. A call-in scheduling conference is set for 12/3/2020 10:00 AM before case manager by telephone. By Clerk. Please follow the instructions provided in the notice.(mmv) |
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Filing 4
ORDER REASSIGNING CASE. The Court has been informed that the above-captioned case is related to Civil Action No. 19-10356, Deborah A. Gaudet, et al. v. Howard L. Nations, APC, et al., previously allotted to Section "D"(1) of this Court. Accordingly, IT IS HEREBY ORDERED that the above-captioned matter be TRANSFERRED to Section D for further proceedings. Signed by Judge Carl Barbier on 11/6/20.(cg)
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| Filing 3 Notice of Related Case(s) by Landmark American Insurance Company of related case(s) 2:19-cv-10-356; 2:20-cv-02998; 2:20-cv-02995. (Sirera, Sara) |
| Filing 2 Initial Case Assignment to Judge Carl Barbier and Magistrate Judge Donna Phillips Currault. (go) |
| Filing 1 NOTICE OF REMOVAL from 17th JDC, Lafourche Parish, case number 140991 (Filing fee $ 400 receipt number ALAEDC-8581087) filed by Landmark American Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit D, #3 Affidavit Notice to State Court of Filing Notice of Removal, #4 Civil Cover Sheet)Attorney Sara Grace Sirera added to party Landmark American Insurance Company(pty:dft).(Sirera, Sara) |
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