Soignet v. Ross
| Elmo Andrew Soignet, III |
| Ricky Ross |
| 2:2020cv03418 |
| December 17, 2020 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Carl Barbier |
| Dana Douglas |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 8, 2021. A more recent docket listing may be available from PACER.
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Filing 40
ORDER granting #39 Motion to Withdraw as Attorney. Attorney Cathy L. Altman and Monica Gaudioso terminated. Signed by Judge Carl Barbier on 01/08/2021. (ko)
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| Filing 39 EXPARTE/CONSENT MOTION to Withdraw Cathy L. Altman and Monica E. Gaudioso as Attorney of Record by Elmo Andrew Soignet, III. (Attachments: #1 Proposed Order)(Henican, Thomas) |
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Filing 38
ORDER granting #37 Motion to Withdraw as Attorney. IT IS FURTHER ORDERED that John G. Browning and Ryan G. Cole are hereby withdrawn as counsel of record for Defendant, Ricky Ross. Signed by Judge Carl Barbier on 12/22/20. (cg)
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| Filing 37 EXPARTE/CONSENT MOTION to Withdraw John G. Browning and Ryan G. Cole as Attorney for Defendant by Ricky Ross. (Whitehead, Jack) Modified on 12/21/2020 (cg). (Main Document 37 replaced on 12/21/2020) (cg). (Additional attachment(s) added on 12/21/2020: #1 Proposed Order) (cg). |
| Filing 36 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02418. Electronic file certified copy of transfer order and docket sheet received (sa) |
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Filing 35
Memorandum Opinion and Order - The Court GRANTS IN PART and DENIES IN PART the Motion to Strike. After considering the Motion to Dismiss, responsive briefing, Complaint, and applicable law, the Court GRANTS the Motion to Dismiss for lack of personal jurisdiction and TRANSFERS this case to the Eastern District of Louisiana in lieu of dismissal pursuant to 28 U.S.C. 1406(a). (Ordered by Judge Ed Kinkeade on 12/16/2020) (chmb) [Transferred from txnd on 12/17/2020.]
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| Filing 34 SECOND AMENDED NOTICE OF REMOVAL DOCUMENT by Ricky Ross. Amendment to #8 Amended Document, #1 Notice of Removal. Second Amended Notice of Removal. (Cole, Ryan) Modified text on 12/11/2020 (axm). [Transferred from txnd on 12/17/2020.] |
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Filing 33
ORDER: Before the Court are Defendant's Motion to Dismiss the Complaint, or in the Alternative, to Transfer Venue (Doc. No. #9 ) and Defendant's Motion to Strike Paragraph 6 of Plaintiff's Declaration (Doc. No. #23 ). Upon review of the record, it is unclear to the Court whether it has subject-matter jurisdiction over this case. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 23031 (1990); see also Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999) ("[S]ubject-matter delineations must be policed by the courts on their own initiative even at the highest level."). The Court cannot determine whether it has subject-matter jurisdiction. Defendant is ORDERED to amend his Amended Notice of Removal by Thursday, December 10, 2020 at 5:00 p.m. This is the final opportunity to amend the Notice of Removal as this is the second time the Court has requested proof of Plaintiff's citizenship. Failure to properly establish diversity jurisdiction will result in remand to state court without further notice. See FED. R. CIV. P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action."). (Ordered by Judge Ed Kinkeade on 12/4/2020) (chmb) [Transferred from txnd on 12/17/2020.]
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| Filing 32 Brief/Memorandum in Support filed by Ricky Ross re #31 Reply in Support of Motion to Strike (Cole, Ryan) [Transferred from txnd on 12/17/2020.] |
| Filing 31 REPLY filed by Ricky Ross re: #23 MOTION to Strike #20 Appendix in Support Paragraph 6 (Cole, Ryan) [Transferred from txnd on 12/17/2020.] |
| Filing 30 Brief/Memorandum in Support filed by Elmo Andrew Soignet, III re #29 Response/Objection to Defendant's Motion to Strike Paragraph 6 of Declaration (Gaudioso, Monica) [Transferred from txnd on 12/17/2020.] |
| Filing 29 RESPONSE filed by Elmo Andrew Soignet, III re: #23 MOTION to Strike #20 Appendix in Support Paragraph 6 (Gaudioso, Monica) [Transferred from txnd on 12/17/2020.] |
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Filing 28
ELECTRONIC ORDER granting #7 Application for Admission Pro Hac Vice of Jack K. Whitehead, Jr. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 10/28/2020) (chmb) [Transferred from txnd on 12/17/2020.]
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Filing 27
ELECTRONIC ORDER EXPEDITING RESPONSE AND REPLY DEADLINE re: #23 MOTION to Strike #20 Appendix in Support Paragraph 6. Responses due by 10/30/2020. Replies due by 11/2/2020. (Ordered by Judge Ed Kinkeade on 10/26/2020) (chmb) [Transferred from txnd on 12/17/2020.]
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| Filing 26 Appendix in Support filed by Ricky Ross re #25 Reply In Support of Motion to Dismiss (Cole, Ryan) [Transferred from txnd on 12/17/2020.] |
| Filing 25 REPLY filed by Ricky Ross re: #9 MOTION to Dismiss (Cole, Ryan) [Transferred from txnd on 12/17/2020.] |
| Filing 24 Brief/Memorandum in Support filed by Ricky Ross re #23 MOTION to Strike #20 Appendix in Support Paragraph 6 (Cole, Ryan) [Transferred from txnd on 12/17/2020.] |
| Filing 23 MOTION to Strike #20 Appendix in Support Paragraph 6 filed by Ricky Ross (Cole, Ryan) [Transferred from txnd on 12/17/2020.] |
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Filing 22
ELECTRONIC ORDER granting #21 Unopposed Motion to Extend Time to File Reply. Replies due by 10/23/2020. (Ordered by Judge Ed Kinkeade on 10/15/2020) (chmb) [Transferred from txnd on 12/17/2020.]
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| Filing 21 MOTION for Extension of Time to File Reply to #9 MOTION to Dismiss filed by Ricky Ross (Cole, Ryan) Modified docket text and linkage on 10/16/2020 (oyh). [Transferred from txnd on 12/17/2020.] |
| Filing 20 Appendix in Support filed by Elmo Andrew Soignet, III re #18 Response/Objection to Defendant's Motion to Dismiss Complaint and Motion to Transfer Venue (Gaudioso, Monica) [Transferred from txnd on 12/17/2020.] |
| Filing 19 Brief/Memorandum in Support filed by Elmo Andrew Soignet, III re #18 Response/Objection to Defendant's Motion to Dismiss Complaint, or in the Alternative, to Transfer Venue (Gaudioso, Monica) [Transferred from txnd on 12/17/2020.] |
| Filing 18 RESPONSE filed by Elmo Andrew Soignet, III re: #9 MOTION to Dismiss (Gaudioso, Monica) [Transferred from txnd on 12/17/2020.] |
| Filing 17 (Document Restricted) Attorney Contact Information (Sealed pursuant to SO 19-1, statute, or rule) filed by Elmo Andrew Soignet, III (Gaudioso, Monica) [Transferred from txnd on 12/17/2020.] |
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Filing 16
ORDER - Before the Court is Defendant Ricky Ross's Motion for Extension of Time to File Motion to Dismiss (the "Motion"). Doc. No. 12). After careful consideration of the Motion and relevant caselaw, the Court DENIES the Motion as moot. The United States Court of Appeals for the Fifth Circuit has held that the Texas Citizens Participation Act ("TCPA") does not apply to diversity cases in federal court. Klocke v. Watson, 936 F.3d 240, 242 (5th Cir. 2019) ("[T]he TCPA does not apply to diversity cases in federal court."). The Court therefore DENIES the Motion as moot. (Ordered by Judge Ed Kinkeade on 9/21/2020) (chmb) [Transferred from txnd on 12/17/2020.]
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Filing 15
ELECTRONIC ORDER granting #14 Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss the Complaint, or in the Alternative, to Transfer Venue. Responses due by 10/2/2020. (Ordered by Judge Ed Kinkeade on 9/18/2020) (chmb) [Transferred from txnd on 12/17/2020.]
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| Filing 14 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss , #10 Brief/Memorandum in Support of Motion filed by Elmo Andrew Soignet, III (Gaudioso, Monica) [Transferred from txnd on 12/17/2020.] |
| Filing 13 NOTICE of Plaintiff's Designation of Local Counsel filed by Elmo Andrew Soignet, III (Gaudioso, Monica) [Transferred from txnd on 12/17/2020.] |
| Filing 12 MOTION for Extension of Time to File Motion to Dismiss filed by Ricky Ross (Cole, Ryan) [Transferred from txnd on 12/17/2020.] |
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Filing 11
ELECTRONIC ORDER: On August 25, 2020, the Court entered an order requiring Plaintiff's Counsel Thomas P Henican, to become admitted to practice in this District (See LR 83.7), or move the Court to be admitted Pro Hac Vice (See LR 83.9(b)), and to designate local counsel pursuant to Local Civil Rule 83.10(a). Plaintiff's law office inquired with the Court on this date about an extension to comply with these deadlines. The Court GRANTS the extension. Plaintiff's Counsel shall have an additional 30 days from the date of this order to comply with the Court's August 25, 2020 order. (Ordered by Judge Ed Kinkeade on 9/14/2020) (chmb) [Transferred from txnd on 12/17/2020.]
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| Filing 10 Brief/Memorandum in Support filed by Ricky Ross re #9 MOTION to Dismiss (Browning, John) [Transferred from txnd on 12/17/2020.] |
| Filing 9 MOTION to Dismiss Complaint, or in the Alternative, to Transfer Venue filed by Ricky Ross (Browning, John) Enhanced text on 8/31/2020 (dsr). [Transferred from txnd on 12/17/2020.] |
| Filing 8 AMENDED DOCUMENT by Ricky Ross. Amendment to #1 Notice of Removal,,,,. Amended Notice of Removal. (Browning, John) [Transferred from txnd on 12/17/2020.] |
| Filing 7 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11114401) filed by Ricky Ross (Attachments: #1 Exhibit(s))Attorney Jack K. Whitehead, Jr added to party Ricky Ross(pty:dft) (Whitehead, Jack) [Transferred from txnd on 12/17/2020.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4, 5, 6. NEF Wed Aug 26 09:17:36 CDT 2020 (crt) [Transferred from txnd on 12/17/2020.] |
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Filing 6
ORDER: This case was removed from State Court on August 21, 2020. It has come to the Courts attention that Plaintiff's counsel, Thomas P Henican, is not admitted to practice in the United States District Court for the Northern District of Texas. Therefore, within 21 days from the date of this order, counsel for Plaintiff must either become admitted to practice in this District (See LR 83.7), or move the Court to be admitted Pro Hac Vice (See LR 83.9(b)).Further, this Court requires Local Counsel. Within 21 days from the date of this order, counsel for Plaintiff must also designate local counsel pursuant to Local Civil Rule 83.10(a). Failure to comply with this Order may result in dismissal of this case without prejudice and without further notice. (Ordered by Judge Ed Kinkeade on 8/25/2020) (chmb) [Transferred from txnd on 12/17/2020.]
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Filing 5
ELECTRONIC ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in this district. Accordingly, within twenty days of this date, Defendant, Ricky Ross, shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so may result defendant's pleadings being stricken and default taken against that defendant without further notice. (Ordered by Judge Ed Kinkeade on 8/25/2020) (chmb) [Transferred from txnd on 12/17/2020.]
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Filing 4
ORDER: Federal courts are vested with subject-matter jurisdiction over all civil actions "arising under the Constitution, laws, or treaties of the United States," or where the case in controversy exceeds $75,000 and is between citizens of different states, or between citizens of a state and citizens or subjects of a foreign state. 28 U.S.C. 1331, 1332(a)(1)(2) (2012). Defendant is ORDERED to amend his Removal within ten (10) days from the date this Order is signed. Failure to properly establish diversity jurisdiction will result in remand to state court without further notice. See FED. R. CIV. P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action."). (Ordered by Judge Ed Kinkeade on 8/24/2020) (chmb) [Transferred from txnd on 12/17/2020.]
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| Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from txnd on 12/17/2020.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ricky Ross. (Browning, John) [Transferred from txnd on 12/17/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Ricky Ross. (Filing fee $400; receipt number 0539-11101642) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Browning, John) [Transferred from txnd on 12/17/2020.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Fri Aug 21 16:07:34 CDT 2020 (crt) [Transferred from txnd on 12/17/2020.] |
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| Plaintiff: Elmo Andrew Soignet, III | |
| Represented By: | Monica Gaudioso |
| Represented By: | Thomas Patrick Henican |
| Represented By: | Cathy L. Altman |
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| Defendant: Ricky Ross | |
| Represented By: | Ryan G Cole |
| Represented By: | Jack Kenneth Whitehead, Jr. |
| Represented By: | John G Browning |
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