In Re: Elite Towing Inc
Petitioner: Elite Towing Inc, Glory First M/V and American River Transportation Company, LLC
Case Number: 2:2020mc00354
Filed: January 31, 2020
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Janis van Meerveld
Referring Judge: Sarah S Vance
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. § 1782
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 19, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 19, 2020 Opinion or Order Filing 25 ORDER granting #22 Motion to Substitute Attorney. Added attorney Antonio J. Rodriguez, Henry J. Rodriguez, Michael A Harowski, Ashley E. Bane for Glory First M/V. Attorney Michael Franklin Held; Gary Alan Hemphill; Michael M. Butterworth and Adam N. Davis terminated. Signed by Judge Sarah S. Vance on 2/19/2020. (mm)
February 19, 2020 Filing 24 Correction of Docket Entry by Clerk re #23 Response/Memorandum in Opposition to Motion. **Filing attorney should have linked filing to Document 9. Clerk properly linked document.** (mm)
February 18, 2020 Filing 23 RESPONSE/MEMORANDUM in Opposition filed by Elite Towing Inc re #9 MOTION to Dismiss or Consolidate with case number 20-416. (Attachments: #1 Exhibit A)(Sevin, Kelley) Modified linkage on 2/19/2020 (mm).
February 13, 2020 Filing 22 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Antonio J. Rodriguez, H. Jake Rodriguez, Michael A. Harowski, Ashley E. Bane and the law firm of Wilson Elser Moskowitz Edelman & Dicker LLP to be substituted in place of Gary A. Hemphill, Michael M. Butterworth, Adam N. Davis, Michael F. Held and the law firm of Phelps Dunbar LLP by Glory First M/V. (Attachments: #1 Proposed Order)(Hemphill, Gary)
February 13, 2020 Filing 21 DEFICIENT EXPARTE/CONSENT MOTION to Withdraw Gary A Hemphill, Michael M Butterworth, Adam N Davis, Michael F Held and Phelps Dunbar LLP as Attorney for the owners of Glory First M/V by Glory First M/V. (Attachments: #1 Proposed Order)(Hemphill, Gary) Modified text on 2/13/2020 (mm).
February 10, 2020 Filing 20 Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: Hearing on Supplemental Petition to Perpetuate Testimony and Documents was held on 2/10/2020. ORDERED: The Supplemental Petition is GRANTED in part and DENIED in part, as set forth in document. (Court Reporter Karen Ibos.) (ajn)
February 10, 2020 Filing 19 DEFICIENT: EXPARTE/CONSENT MOTION for Leave to File Verified Complaint of Intervention to Petition to Perpetuate Testimony and Documents and to Supplemental Petition to Perpetuate Testimony and Documents by Rita Pucheu. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Verification, #4 Certification of Service)Attorney Thomas Massa Discon added to party Rita Pucheu(pty:pla).(Discon, Thomas) Modified text on 2/10/2020 (mm).
February 10, 2020 Filing 18 DEFICIENT: Intervenor COMPLAINT of Inervention to Petition to Perpetuate Testimony and Documents and to Supplemental Petition to Perpetuate Testimony and Documents filed by Rita Pucheu. (Attachments: #1 Verification, #2 Certification of Service)Attorney Thomas Massa Discon added to party Rita Pucheu(pty:pla).(Discon, Thomas) Modified text on 2/10/2020 (mm).
February 10, 2020 Filing 17 DEFICIENT: Memorandum by Elite Towing Inc re 6 Petition to Perpetuate Testimony (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Sevin, Kelley) Modified text on 2/10/2020 (mm).
February 10, 2020 Filing 16 Correction of Docket Entry by Clerk re #14 Response/Memorandum in Opposition. **This is a duplicate filing of document 15 and will be noted as such. No further action is necessary.** (mm)
February 9, 2020 Filing 15 OBJECTIONS by Glory First M/V re #6 Verified Supplemental Petition to Perpetuate Testimony and Documents. (Held, Michael)
February 9, 2020 Filing 14 **DUPLICATE FILING OF REC. DOC. 15** RESPONSE/MEMORANDUM in Opposition filed by Owners of M/V GLORY FIRST re 6 Verified Supplemental Petition to Perpetuate Testimony and Documents. (Held, Michael) Modified text on 2/10/2020 (mm).
February 9, 2020 Filing 13 Supplemental Brief Memorandum by Elite Towing Inc re #6 Verified Supplemental Petition to Perpetuate Testimony and Documents (Sevin, Kelley) (Per Order at rec. doc. 12) Modified text on 2/10/2020 (mm).
February 7, 2020 Opinion or Order Filing 12 ORDER: IT IS ORDERED that #7 MOTION to Expedite re #6 Petition to Perpetuate Testimony is GRANTED. The Supplemental Petition to Perpetuate Testimony and Documents is set for hearing on Monday, 2/10/2020 at 11:00 AM before Magistrate Judge Janis van Meerveld. IT IS FURTHER ORDERED that counsel for Elite provide notice of this order and the pending Petition to all known counsel for any interested parties, including, but not limited to, counsel for the M/V Glory First, counsel for the M/V Cooperative Spirit, and counsel for the injured/missing crewmembers. IT IS FURTHER ORDERED that any party wishing to file a brief memorandum concerning their position shall do so by Sunday, 2/9/2020, at 5:00 p.m. Signed by Magistrate Judge Janis van Meerveld on 2/7/2019.(ajn)
February 7, 2020 Filing 11 Correction of Docket Entry by Clerk re #9 MOTION to Dismiss or Consolidate with case number 20-416. **This motion will be decided by the Magistrate Judge.** (mm)
February 7, 2020 Filing 10 Correction of Docket Entry by Clerk re #8 MOTION to Dismiss or Consolidate. **This is a duplicate filing of document 9 and will be noted as such. No further action is necessary. ** (mm)
February 7, 2020 Filing 9 MOTION to Dismiss or Consolidate with case number 20-416 by American River Transportation Co., LLC. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 2/26/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Notice of Submission)(Flotte, David) Modified text/added referral on 2/7/2020 (mm).
February 7, 2020 Filing 8 **DUPLICATE ENTRY-SEE REC. DOC. 9** MOTION to Dismiss or Consolidate with 20-416 by American River Transportation Co., LLC. Motion(s) will be submitted on 2/26/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Notice of Submission)Attorney David M. Flotte added to party American River Transportation Co., LLC(pty:mov).(Flotte, David) Modified text on 2/7/2020 (mm).
February 7, 2020 Filing 7 EXPARTE/CONSENT MOTION to Expedite Supplemental Petition for Pre-Suit Perpetuation of Testimony and Production of Documents by Elite Towing Inc. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Order)(mm)
February 7, 2020 Filing 6 Verified Supplemental PETITION to Perpetuate Testimony and Documents (Filing fee $ 47 receipt number ALAEDC-8136205) filed by Elite Towing Inc. (Attachments: #1 Verification, #2 Exhibit A, #3 Motion to Expedite Hearing, #4 Proposed Order)(Sevin, Kelley) Modified text on 2/7/2020 (mm).
January 31, 2020 Filing 5 Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: A Telephone Status Conference was held on 1/31/2020. The parties discussed Elite Towing, Inc.'s Petition for Pre-Suit Discovery (Rec. Doc. 1) and Motion to Expedite same (Rec. Doc. 4). Deadlines are set forth and parties shall comply as stated herein. (ajn)
January 31, 2020 Opinion or Order Filing 4 ORDER OF REFERENCE TO U.S. MAGISTRATE JUDGE: In accordance with Local Rule 72, IT IS ORDERED that Elite Towing, Inc.'s #1 verified petition for pre-suit discovery of electronic data and #3 motion to expedite consideration are hereby referred to Magistrate Judge Janis van Meerveld for determination. Signed by Judge Sarah S. Vance on 1/31/2020.(mm) (NEF: Magistrate Judge)
January 31, 2020 Filing 3 EXPARTE/CONSENT MOTION for Expedited Hearing on the Verified Petition for Pre-Suit Discovery of Electronic Data by Elite Towing Inc. (Attachments: #1 Proposed Order)(mm) (Motion referred to Janis van Meerveld per order at rec. doc. 4)
January 31, 2020 Filing 2 Initial Case Assignment to Judge Sarah S. Vance and Magistrate Judge Janis van Meerveld. (cc)
January 31, 2020 Filing 1 VERIFIED PETITION for Pre-Suit Discovery of Electronic Data (Filing fee $ 47 receipt number ALAEDC-8121895) filed by Elite Towing Inc. (Attachments: #1 Civil Cover Sheet, #2 Verification, #3 Exhibit A, #4 Affidavit Cunningham, #5 Affidavit Stakelum, #6 Exhibit D, #7 Motion for Expedited Hearing, #8 Proposed Order)Attorney Kelley A. Sevin added to party Elite Towing Inc(pty:pet).(Sevin, Kelley) Modified text on 1/31/2020 (mm). (Referred to Magistrate Judge Janis van Meerveld per order at rec. doc. 4)

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Petitioner: Elite Towing Inc
Represented By: Kelley A. Sevin
Represented By: Elton Ford Duncan, III
Represented By: Kyle Matthew Truxillo
Represented By: Kyle M. Truxillo
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Petitioner: Glory First M/V
Represented By: Michael Franklin Held
Represented By: Michael M. Butterworth
Represented By: Ashley E. Bane
Represented By: Gary Alan Hemphill
Represented By: Henry J. Rodriguez
Represented By: Antonio J. Rodriguez
Represented By: Adam N. Davis
Represented By: Michael A Harowski
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Petitioner: American River Transportation Company, LLC
Represented By: David M. Flotte
Represented By: Marcelle P. Mouledoux
Represented By: Kevin M. Frey
Represented By: Austin Story Glascoe
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