Labarre v. Bienville Auto Parts, Inc. et al
Frank Labarre, Barbara Labarre and Karen Labarre Birdsall |
Bienville Auto Parts, Inc., United Fire & Casualty Company, Fleet Tire Service, Inc., Ford Motor Company, Honeywell International, Inc., Avondale Shipyards, Inc, Avondale Industries, Inc., Northrop Grumman Shipbuilding, Inc., Lafayette Insurance Company, Morse TEC LLC and Allied Signal |
Borg Warner Morse TEC LLC, AlliedSignal Inc and BorgWarner Morse TEC LLC |
Manville Personal Injury Settlement Trust and Claims Resolution Management Corporation |
Huntington Ingalls Incorporated |
Northrop Grumman Systems Inc. |
2:2021cv00089 |
January 14, 2021 |
US District Court for the Eastern District of Louisiana |
Barry W Ashe |
Dana Douglas |
Janis van Meerveld |
P.I. : Asbestos |
28 U.S.C. § 1441 Petition for Removal- Asbestos Litigation |
Defendant |
Docket Report
This docket was last retrieved on January 4, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 81 ORDER OF DISMISSAL: IT IS ORDERED that the action be and it is hereby dismissed without costs and without prejudice to the right, upon good cause shown, to reopen the action or seek summary judgment enforcing the compromise if the settlement is not consummated within sixty days or such other time as is reasonable. The Court retains jurisdiction for all purposes, including enforcing the settlement agreement entered into by the parties. Signed by Judge Barry W Ashe on 01/04/2023.(am) |
Filing 80 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Janis van Meerveld. Magistrate Judge Dana Douglas no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown on 12/22/2022. (Attachments: #1 12/20/22 Order, #2 Case List)(lag) |
Filing 79 ORDER granting #78 Motion to Dismiss Party. Party Morse TEC LLC dismissed without prejudice. Signed by Judge Barry W Ashe on 12/14/2022. (ko) |
Filing 78 EXPARTE/CONSENT MOTION to Dismiss Party Morse TEC LLC by Borg Warner Morse TEC LLC and Plaintiffs. (Attachments: #1 Proposed Order ppd Order)Attorney Bradley Adam Hays added to party Borg Warner Morse TEC LLC(pty:dft).(Hays, Bradley) Modified text on 12/14/2022 (am). |
Filing 77 ORDER: IT IS ORDERED that the motion #76 is GRANTED. IT IS FURTHER ORDERED that all claims asserted by Huntington Ingalls Incorporated against all cross-claim and third-party defendants are dismissed without prejudice, and reserving to Huntington Ingalls Incorporated all rights and claims against all other persons or entities. Signed by Judge Barry W Ashe on 10/17/2022. (am) |
Filing 76 EXPARTE/CONSENT MOTION to Dismiss all of its cross-claims and third-party claims against all cross-claim and third-party defendants by Huntington Ingalls Incorporated(See Rec. Doc. 35), Huntington Ingalls Incorporated, Huntington Ingalls Incorporated. (Attachments: #1 Proposed Order)(Melancon, David) Modified on 10/17/2022 (am). |
Filing 75 ORDER granting #74 Motion to Dismiss Party. Party Huntington Ingalls Incorporated dismissed. Signed by Judge Barry W Ashe on 10/11/2022. (am) |
Filing 74 EXPARTE/CONSENT MOTION to Dismiss Party Huntington Ingalls Inc. by Karen Labarre Birdsall, Barbara Labarre, Frank Labarre. (Attachments: #1 Proposed Order)(Nazareth, Neil) |
Filing 73 NOTICE by Huntington Ingalls Incorporated of Settlement. (Melancon, David) |
Filing 72 ORDER granting #71 Motion to Dismiss Party. Party Bienville Auto Parts, Inc. and Lafayette Insurance Company (Incorrectly Identified as United Fire & Casualty Company, see rec. doc. 4-2 Pg. 163) dismissed. Signed by Judge Barry W Ashe on 08/11/2022. (am) |
Filing 71 EXPARTE/CONSENT MOTION to Dismiss Party Bienville Auto Parts Inc., and Lafayette Insurance Company by Karen Labarre Birdsall, Barbara Labarre, Frank Labarre. (Attachments: #1 Proposed Order)(Nazareth, Neil) |
Filing 70 ORDER granting #69 Motion to Substitute Attorney. Attorney Claudette L. Bienvenu terminated. Charles S. Green, Jr. and Andrew M. Maestri are enrolled as counsel of record for Lafayette Insurance Company. Signed by Judge Barry W Ashe on 06/08/2022. (am) |
Filing 69 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Charles S. Green, Jr. to be substituted in place of Claudette L. Bienvenu by Lafayette Insurance Company. (Attachments: #1 Proposed Order)(Green, Charles) |
Filing 68 SCHEDULING ORDER: Final Pretrial Conference reset for 4/28/2023 10:00 AM before Judge Barry W Ashe. Jury Trial reset for 5/15/2023 09:00 AM before Judge Barry W Ashe. All discovery must be completed by 4/14/2023. Signed by Judge Barry W Ashe on 6/3/2022. (Attachments: #1 Pretrial Notice)(clc) |
Filing 67 ORDER granting #65 Motion to Dismiss Party. Party Ford Motor Company dismissed. Signed by Judge Barry W Ashe on 06/01/2022. (am) |
Filing 66 Correction of Docket Entry by Clerk re #65 Joint MOTION to Dismiss Party Ford Motor Company by Huntington Ingalls Incorporated and Ford Motor Company .**Attorney(s) listed on pleading has not been enrolled in this case. If attorney, Skylar B. Rudin, intends to be co-counsel of record, a motion to enroll should be filed. Signature block should only reflect attorneys that have made appearances. Any future filings which list attorneys not enrolled in this case will not be accepted and will be deemed deficient.** (am) |
Filing 65 EXPARTE/CONSENT Joint MOTION to Dismiss Party Ford Motor Company by Huntington Ingalls Incorporated and by Ford Motor Company. (Attachments: #1 Proposed Order)(Ziffer, Lee) Modified filers on 6/1/2022 (am). |
Filing 64 NOTICE of Hearing. Scheduling Conference reset for 6/1/2022 10:30 AM before case manager by telephone. By Clerk. (clc) |
Filing 63 ORDER granting #62 Motion to Substitute Attorney. Added attorney Andrew Mark Maestri,Charles S. Green, Jr,Claudette L. Bienvenu for Lafayette Insurance Company. Attorney Kathryn T. Wiedorn terminated. Signed by Judge Barry W Ashe on 04/22/2022. (am) |
Filing 62 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Charles S. Green, Jr. to be substituted in place of Kathryn T. Wiedorn , MOTION to Withdraw Kathryn T. Wiedorn as Attorney by Lafayette Insurance Company. (Attachments: #1 Proposed Order)Attorney Charles S. Green, Jr added to party Lafayette Insurance Company(pty:dft).(Green, Charles) |
Filing 61 ORDER: IT IS ORDERED that the motion #60 is GRANTED. Scheduling Conference set for 4/27/2022 02:00 PM before case manager by telephone. All parties are to call into the conference call at (877) 873-8018,Access Code: 299468. Signed by Judge Barry W Ashe on 03/23/2022.(am) |
Filing 60 EXPARTE/CONSENT Joint MOTION to Continue Trial and Pre-Trial Deadlines by Plaintiff and by Bienville Auto Parts, Inc., Borg Warner Morse TEC LLC, Honeywell International, Inc., Huntington Ingalls Incorporated(See Rec. Doc. 4-1 pg 64), Huntington Ingalls Incorporated, Huntington Ingalls Incorporated, Lafayette Insurance Company, United Fire & Casualty Company. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Melancon, David) Modified on 3/23/2022 (am). |
Filing 59 ORDER AND REASONS granting in part and denying in part #46 Motion for Summary Judgment. IT IS ORDERED that Bienville's motion for summary judgment (R. Doc. 46) is GRANTED as to dismissing plaintiffs strict liability claim against Bienville as a "professional vendor," and DENIED as to dismissing plaintiff's negligence claim against Bienville as a nonmanufacturer seller and as to holding that Frank Labarre was a sophisticated user. Signed by Judge Barry W Ashe on 2/1/21. (cg) |
Filing 58 REPLY to Response to Motion filed by Bienville Auto Parts, Inc. re #46 MOTION for Summary Judgment on Liability. (mm) |
Filing 57 ORDER granting #56 Motion for Leave to File Reply Memorandum in Support of Motion for Summary Judgment. Signed by Judge Barry W Ashe on 1/21/2022. (mm) |
Filing 56 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion for Summary Judgment re: rec. doc. 46 by Bienville Auto Parts, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Mang, Matthew) |
Filing 55 RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #46 MOTION for Summary Judgment on Liability . (Attachments: #1 Statement of Contested/Uncontested Facts, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Nazareth, Neil) |
Filing 54 RESPONSE/MEMORANDUM in Opposition filed by Huntington Ingalls Incorporated(See Rec. Doc. 35), Huntington Ingalls Incorporated(See Rec. Doc. 4-1 pg 64), Huntington Ingalls Incorporated, Huntington Ingalls Incorporated re #46 MOTION for Summary Judgment on Liability filed by Bienville Auto Parts, Inc.. (Attachments: #1 Statement of Contested/Uncontested Facts, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Saunders, Alexander) |
Filing 53 ORDER granting #51 Motion to Dismiss Party. Party Ford Motor Company dismissed with prejudice. Signed by Judge Barry W Ashe on 12/27/2021. (cwa) |
Filing 52 Correction of Docket Entry by Clerk re #51 JOINT MOTION to Dismiss With Prejudice Ford Motor Company. **1. Filing attorney selected incorrect event. Correct event is Motion to Dismiss Party. Clerk took corrective action. 2. Parties named as filers in the body of the document should be named exactly as they are on the docket sheet. All future filings must name Plaintiff as Karen Labarre Birdsall. 3. Document lists counsel of record, Skylar B. Rudin, for a party in this action who has not been enrolled in this matter. Future filings which list attorneys not enrolled will not be accepted. Please file a motion and order to enroll additional counsel.** (mm) |
Filing 51 EXPARTE/CONSENT JOINT MOTION to Dismiss With Prejudice Ford Motor Company by Barbara Labarre, Karen Labarre Birdsall, Ford Motor Company. (Attachments: #1 Proposed Order)(Ziffer, Lee) Modified text/event on 12/23/2021 (mm). |
Filing 50 DEFICIENT: EXPARTE/CONSENT MOTION to Dismiss Party Ford Motor Company With Prejudice by Ford Motor Company. (Attachments: #1 Proposed Order)(Ziffer, Lee) Modified text on 12/22/2021 (mm). |
Filing 49 ORDER re [46-5] Request for oral argument on #46 Motion for Summary Judgment: The Court declines to schedule oral argument at this time.Signed by Judge Barry W Ashe on 12/02/2021.(am) |
Filing 48 ORDER granting #47 Motion to Withdraw as Attorney. Attorney Victor M. Dantin and Christopher Thomas Whelen terminated. Signed by Judge Barry W Ashe on 11/30/2021. (am) |
Filing 47 EXPARTE/CONSENT MOTION to Withdraw Victor M. Dantin and Christopher T. Whelen as Attorney by Huntington Ingalls Incorporated(See Rec. Doc. 35), Huntington Ingalls Incorporated(See Rec. Doc. 4-1 pg 64), Huntington Ingalls Incorporated, Huntington Ingalls Incorporated. (Attachments: #1 Proposed Order)(Saunders, Alexander) |
Filing 46 MOTION for Summary Judgment on Liability by Bienville Auto Parts, Inc.. Motion(s) will be submitted on 1/27/2022. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Notice of Submission, #4 Exhibit, #5 Exhibit)(Mang, Matthew) |
Filing 45 ANSWER to #35 Crossclaim of Huntington Ingalls Incorporated by Morse TEC LLC. (Hays, Bradley) Modified text/filer on 11/12/2021 (bw). |
Filing 44 ANSWER to #1 Notice of Removal First Amended Complaint and #39 Second Amended Complaint by Morse TEC LLC. Attorney Bradley Adam Hays added to party Morse TEC LLC(pty:dft).(Hays, Bradley) Modified text/link on 11/12/2021 (bw). |
Filing 43 ANSWER to #41 Huntington Ingalls Inc's Answer and Cross-Claim by Honeywell International, Inc . (McMillan, Sarah) Modified text/link on 11/12/2021 (bw). |
Filing 42 ANSWER to #39 Second Supplemental and Amended Complaint with Jury Demand by Honeywell International, Inc. (McMillan, Sarah) Modified text on 11/12/2021 (bw). |
Filing 41 ANSWER to #39 Second Supplemental and Amended Complaint with Jury Demand by Huntington Ingalls Incorporated.(Saunders, Alexander) Modified text on 11/4/2021 (bw). |
Filing 40 ANSWER to #39 Second Supplemental and Amended Complaint with Jury Demand by Bienville Auto Parts, Inc. (Mang, Matthew) Modified text/link on 10/29/2021 (bw). |
Filing 39 SECOND SUPPLEMENTAL AND AMENDED COMPLAINT against All Defendants filed by Frank Labarre, Karen Labarre Birdsall, Barbara Labarre.(am) |
Filing 38 ORDER: granting #36 Motion for Leave to File Amended Complaint. Signed by Judge Barry W Ashe on 10/28/2021. (am) |
Filing 37 Correction of Docket Entry by Clerk re #36 MOTION for Leave to File Second Supplemental and Amended Complaint. 1. Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action. (bw) |
Filing 36 EXPARTE/CONSENT MOTION for Leave to File Second Supplemental and Amended Complaint by Karen Labarre Birdsall, Barbara Labarre, Frank Labarre. (Attachments: #1 Proposed Order, #2 Proposed Pleading Second Supplemental and Amended Complaint)(Nazareth, Neil) Modified text/referral on 10/28/2021 (bw). |
Filing 35 Re-Asserted CROSSCLAIM with Jury Demand against Borg Warner Morse TEC LLC filed by Huntington Ingalls Incorporated.(am) |
Filing 34 ORDER: GRANTING #33 Motion for Leave to File Crossclaim. Signed by Judge Barry W Ashe on 10/22/2021. (am) |
Filing 33 EXPARTE/CONSENT MOTION for Leave to File Re-Asserted Cross-Claim Against Borgwarner Morse TEC LLC by Huntington Ingalls Incorporated, Huntington Ingalls Incorporated, Huntington Ingalls Incorporated. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Proposed Pleading Huntington Ingalls Incorporated's Re-Asserted Cross-Claim Against Borgwarner Morse TEC LLC, #4 Rule 7.6 Certificate)(Saunders, Alexander) |
Filing 32 DEFICIENT. EXPARTE/CONSENT MOTION for Leave to File Second Supplemental and Amended Complaint by Karen Labarre Birdsall, Barbara Labarre, Frank Labarre. (Attachments: #1 Proposed Order, #2 Proposed Pleading 2nd Supplemental and Amended Complaint)(Nazareth, Neil) Modified on 10/22/2021 (bw). |
Filing 31 NOTICE of Change of Address by Kathryn T. Wiedorn on behalf of Lafayette Insurance Company. (Wiedorn, Kathryn) |
Filing 30 Statement of Corporate Disclosure by Huntington Ingalls Incorporated, identifying Corporate Parent Huntington Ingalls Industries, Inc. for Huntington Ingalls Incorporated. (Melancon, David) Modified text on 10/7/2021 (bw). |
Filing 29 Statement of Corporate Disclosure by Lafayette Insurance Company identifying Corporate Parent United Fire & Casualty Company, Corporate Parent United Fire Group, Inc for Lafayette Insurance Company (Wiedorn, Kathryn) Modified text on 9/29/2021 (bw). |
Filing 28 SCHEDULING ORDER: A Scheduling Conference was held by telephone on September 23, 2021. All discovery must be completed by 6/24/2022. Final Pretrial Conference set for 7/5/2022 at 02:30 PM before Judge Barry W Ashe. Jury Trial set for 7/25/2022 at 09:00 AM before Judge Barry W Ashe. Signed by Judge Barry W Ashe on 9/23/2021. (Attachments: #1 Pretrial Notice Form)(am) |
Filing 27 Statement of Corporate Disclosure by Morse TEC LLC identifying Corporate Parent Enstar Holdings US LLC for Morse TEC LLC (Hays, Bradley) Modified text/filer on 9/17/2021 (bw). |
Filing 26 SCHEDULING CONFERENCE NOTICE: Scheduling Conference reset for 9/23/2021 11:30 AM before case manager by telephone. By Clerk.(clc) |
Filing 25 Correction of Docket Entry by Clerk re #23 Statement of Corporate Disclosure. **Document marked as filed in error; duplicate filing of rec. doc. 24.** (am) |
Filing 24 Statement of Corporate Disclosure by Bienville Auto Parts, Inc. (Mang, Matthew) |
Filing 23 **FILED IN ERROR - DUPLICATE FILING OF REC. DOC. 24**Statement of Corporate Disclosure by Bienville Auto Parts, Inc. (Vollenweider, Erik) Modified text on 8/18/2021 (am). |
Filing 22 Statement of Corporate Disclosure by Honeywell International, Inc. (McMillan, Sarah) |
Filing 21 NOTICE of Hearing. Scheduling Conference set for 9/1/2021 11:30 AM before case manager by telephone. By Clerk. (clc) |
Filing 20 ORDER: IT IS ORDERED that the Call Docket is SATISFIED. Defendant Fleet Tire Service, Inc. has been dismissed with prejudice #19 . Signed by Judge Barry W Ashe on 07/23/2021.(am) |
Filing 19 ORDER: GRANTING #18 Motion to Dismiss Party. Party Fleet Tire Service, Inc. dismissed. Signed by Judge Barry W Ashe on 07/21/2021. (am) |
Filing 18 EXPARTE/CONSENT MOTION to Dismiss Party Fleet Tire Service, Inc by Karen Labarre Birdsall, Barbara Labarre, Frank Labarre. (Attachments: #1 Proposed Order)(Nazareth, Neil) |
Filing 17 ORDER: IT IS ORDERED that on or before July 21, 2021, plaintiffs shall obtain responsive pleadings or preliminary defaults on all served defendants. Failure to do so will result in the defendants' DISMISSAL, without any further notice, for failure to prosecute. Signed by Judge Barry W Ashe on 06/23/2021.(am) |
Filing 16 ORDER AND REASONS: DENYING #7 Motion to Remand to State Court, as set forth in document. Signed by Judge Barry W Ashe on 3/19/2021. (am) |
Filing 15 SUR-REPLY MEMORANDUM in Opposition filed by Huntington Ingalls Incorporated re #7 MOTION to Remand to State Court . (am) |
Filing 14 ORDER granting #13 Motion for Leave to File Sur-Reply. Signed by Judge Barry W Ashe on 3/11/2021. (am) |
Filing 13 EXPARTE/CONSENT MOTION for Leave to File Sur-Reply in Opposition to Plaintiff's Motion to Remand by Huntington Ingalls Incorporated, Huntington Ingalls Incorporated, Huntington Ingalls Incorporated. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Proposed Pleading)(Melancon, David) Modified text on 3/11/2021 (am). |
Filing 12 REPLY to Response to Motion filed by All Plaintiffs re #7 MOTION to Remand to State Court . (am) |
Filing 11 ORDER: GRANTING #10 Motion for Leave to File Reply. Signed by Judge Barry W Ashe on 3/9/2021. (am) |
Filing 10 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Remand Doc 7 by Plaintiffs. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Proposed Pleading)(Nazareth, Neil) |
Filing 9 RESPONSE/MEMORANDUM in Opposition filed by Huntington Ingalls Incorporated re #7 MOTION to Remand to State Court . (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, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Melancon, David) Modified text on 3/4/2021 (am). |
Filing 7 MOTION to Remand to State Court by Karen Labarre Birdsall, Barbara Labarre, Frank Labarre. Motion(s) will be submitted on 3/11/2021. (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 Exhibit K, #13 Proposed Order, #14 Notice of Submission)Attorney Neil Franz Nazareth added to party Karen Labarre Birdsall(pty:pla), Attorney Neil Franz Nazareth added to party Barbara Labarre(pty:pla), Attorney Neil Franz Nazareth added to party Frank Labarre(pty:pla).(Nazareth, Neil) |
Filing 6 ORDER: GRANTING #5 Motion to Withdraw as Attorney. Attorney David V. Batt terminated. Signed by Judge Barry W Ashe on 2/8/2021. (am) |
Filing 5 EXPARTE/CONSENT MOTION to Withdraw David V. Batt as Attorney by Bienville Auto Parts, Inc.. (Attachments: #1 Proposed Order)(Mang, Matthew) |
Filing 4 Notice of Compliance 28 U.S.C. 1447 (b) by Huntington Ingalls Incorporated re #3 Order. (Attachments: #1 State Court Pleadings 1, #2 State Court Pleadings 2, #3 State Court Pleadings 3, #4 State Court Pleadings 4, #5 State Court Pleadings 5, #6 State Court Pleadings 6, #7 State Court Pleadings 7, #8 State Court Pleadings Citations)(Melancon, David) |
Filing 3 Directive of the Clerk regarding compliance with 28:1447(b) re #1 Notice of Removal,, filed by Huntington Ingalls Incorporated. By the Clerk.(am) |
Filing 2 Initial Case Assignment to Judge Barry W Ashe and Magistrate Judge Dana Douglas. (go) |
Filing 1 NOTICE OF REMOVAL with jury demand from Civil District Court, case number 2017-0331/ 17-9392 (Filing fee $ 402 receipt number ALAEDC-8686490) filed by Huntington Ingalls Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)Attorney David Michael Melancon added to party Huntington Ingalls Incorporated(pty:3pp), Attorney David Michael Melancon added to party Huntington Ingalls Incorporated(pty:dft), Attorney David Michael Melancon added to party Huntington Ingalls Incorporated(pty:crc).(Melancon, David) |
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