Southern Orthopaedic Specialists LLC v. State Farm Fire & Casualty Company
| Southern Orthopaedic Specialists LLC |
| State Farm Fire & Casualty Company |
| 2:2021cv00861 |
| April 29, 2021 |
| US District Court for the Eastern District of Louisiana |
| Dana Douglas |
| Wendy B Vitter |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 4, 2022. A more recent docket listing may be available from PACER.
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Filing 32
ORDER: IT IS HEREBY ORDERED that the #30 Motion is DENIED as set forth herein. Signed by Judge Wendy B Vitter on 6/17/2021. (jeg)
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Filing 31
Correction of Docket Entry by Clerk re #30 MOTION for Leave to File Supplemental Memorandum in Opposition to Defendant's Motion to Dismiss **Filing attorney did not select category 'Proposed Pleading' when attaching document for which leave to file is being requested. Clerk took corrective action. No further action necessary.** (jeg)
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Filing 30
EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum in Opposition to Defendant's Motion to Dismiss by Southern Orthopaedic Specialists LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading- Supplemental Memorandum, #3 Proposed Pleading- Exhibit 1)(Garner, James) Modified text/attachment descriptions on 6/17/2021 (jeg).
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Filing 29
REPLY to Response to Motion filed by State Farm Fire & Casualty Company re #15 MOTION to Dismiss for Failure to State a Claim . (Attachments: #1 Exhibit A)(jeg)
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Filing 28
ORDER: IT IS HEREBY ORDERED that the #27 Motion is GRANTED. The Clerk's Office is directed to file the Reply (R. Doc. 27-2), with its attachment (R. Doc. 27-3), into the record. Signed by Judge Wendy B Vitter on 6/16/2021. (jeg)
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Filing 27
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss by State Farm Fire & Casualty Company. (Attachments: #1 Proposed Order, #2 Proposed Pleading Reply Memorandum, #3 Proposed Pleading Exhibit A to Reply Memorandum)(Strauss, David)
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Filing 26
RE-NOTICE of Hearing. Due to a conflict on the Court's calendar- the call-in scheduling conference is reset for 7/9/2021 09:00 AM before case manager by telephone. By Clerk. Please follow the call-in instructions provided in the notice.(mmv)
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Filing 25
RESPONSE/MEMORANDUM in Opposition filed by Southern Orthopaedic Specialists LLC re #15 MOTION to Dismiss for Failure to State a Claim . (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - Denial of Coverage Letter)(Garner, James)
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Filing 24
NOTICE of Hearing. A call-in scheduling Conference is set for 6/25/2021 09:00 AM before case manager by telephone. By Clerk. Please follow the call-in instructions provided in the notice.(mmv)
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Filing 23
Correction of Docket Entry by Clerk re #22 Status Conference. **Please note that document 22 is a duplicate filing of the Minute Entry docketed as rec. doc. 21.** (mmv)
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Filing 22
**DUPLICATE FILING OF MINUTE ENTRY, REC. DOC. 21** TELEPHONE STATUS CONFERENCE REPORT AND ORDER for proceedings held before Judge Wendy B Vitter: The Court held a telephone status conference on 5/20/2021. During the conference, the Court discussed with counsel the status of the case and disclosed a personal relationship with counsel for the Plaintiff. The Court advised all counsel that she believes she can be fair and impartial in this matter. The Court also disclosed that she had been treated at Southern Orthopaedic Specialists, LLC in the past. Should counsel require additional information, they may contact chambers at efile-Vitter@laed.uscourts.gov. (jeg) Modified on 5/20/2021 (mmv).
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Filing 21
Minute Entry for proceedings held before Judge Wendy B Vitter: Telephone Status Conference held on 5/20/2021. During the conference, the Court discussed with counsel the status of the case and disclosed a personal relationship with counsel for the Plaintiff. The Court advised all counsel that she believes she can be fair and impartial in this matter. The Court also disclosed that she had been treated at Southern Orthopaedic Specialists, LLC in the past. Should counsel require additional information, they may contact chambers at efile-Vitter@laed.uscourts.gov. (mmv)
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Filing 20
ORDER: IT IS HEREBY ORDERED that the #18 Motion is GRANTED. The Clerk's Office is directed to substitute the corrected Exhibit F (R. Doc. 18-2) for State Farm's original Exhibit F (R. Doc. 15-8). Signed by Judge Wendy B Vitter on 5/17/2021. (jeg)
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Filing 19
Correction of Docket Entry by Clerk re #18 MOTION to Substitute Exhibit to #15 MOTION to Dismiss for Failure to State a Claim. **Filing attorney should have been link 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. No further action necessary.** (jeg)
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Filing 18
EXPARTE/CONSENT MOTION to Substitute Exhibit to #15 MOTION to Dismiss for Failure to State a Claim by State Farm Fire & Casualty Company. (Attachments: #1 Proposed Order, #2 Proposed Pleading Exhibit F)(Cassedy, Robin) Modified text/linkage on 5/17/2021 (jeg).
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Filing 17
ORDER: A telephone status conference in this matter is set for Thursday, May 20, 2021 at 1:00 p.m. Dial-in information shall be emailed to all counsel of record. Signed by Judge Wendy B Vitter on 5/14/2021.(mmv)
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Filing 16
Correction of Docket Entry by Clerk re #15 MOTION to Dismiss for Failure to State a Claim. **Filing attorney selected incorrect submission date. Correct date is 6/15/2021. Clerk took corrective action. No further action necessary.** (jeg)
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Filing 15
MOTION to Dismiss for Failure to State a Claim by State Farm Fire & Casualty Company. Motion(s) will be submitted on 6/15/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Exhibit A: Policy & Endorsement, #4 Exhibit B: Its Nice, Inc. v. State Farm Fire & Casualty Co., No. 20-L-547 (Ill. Cir. Ct. DuPage Cnty. Sept. 29, 2020) (Transcript and Order), #5 Exhibit C: Nite, Nite LLC v. Certain Underwriters at Lloyds London, No. 698068, Sec. 23 (19th JDC E. Baton Rouge Parish, Feb. 8, 2020) (Judgment and Transcript), #6 Exhibit D: Cajun Conti v. Certain Underwriters at Lloyds, London, No. 2020-02558, Div. M, Sect. 13 (41st JDC Orleans Parish, Feb. 10, 2021) (Judgment), #7 Exhibit E: Gov. Proc. No. 30 JBE 2020, #8 Exhibit F: Gov. Proc. No. 33 JBE 2020)(Strauss, David) Modified text/submission date on 5/14/2021 (jeg). Responses due by 6/7/2021 (mmv). (Attachment 8 replaced on 5/17/2021) (jeg).
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Filing 14
ORDER: IT IS HEREBY ORDERED that the #10 Motion is DENIED. Defendant may refile a Motion which complies with the page limitation set by Local Rule 7.7. The Court notes that no table of contents or table of authorities is required. Signed by Judge Wendy B Vitter on 5/13/2021. (jeg)
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Filing 13
ORDER: IT IS HEREBY ORDERED that the #8 #9 Motions are GRANTED. Bert Laurence Wolff and Douglas W. Dunham are permitted to appear as a visiting attorneys on behalf of State Farm Fire and Casualty Co. Signed by Judge Wendy B Vitter on 5/13/2021. (Attachments: #1 PHV Notice) (jeg)
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Filing 12
Correction of Docket Entry by Clerk re #10 MOTION for Leave to File Excess Pages. **Filing attorney did not select category 'Proposed Pleading' when attaching document for which leave to file is being requested (attachments 4-9). Clerk took corrective action. No further action necessary.** (jeg)
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Filing 11
Correction of Docket Entry by Clerk re #8 MOTION to Appear Pro Hac Vice Bert Lawrence Wolff. **Filing attorney did not properly format the pdf of The ECF Registration Form. The pdf should not have the purple boxes nor the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk has taken corrective action. No further action necessary.** (jeg)
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Filing 10
EXPARTE/CONSENT MOTION for Leave to File Excess Pages by State Farm Fire & Casualty Company. (Attachments: #1 Proposed Order, #2 Proposed Pleading Motion to Dismiss Plaintiff's Petition for Failure to State a Claim, #3 Proposed Pleading Memorandum in Support of Motion to Dismiss, #4 Proposed Pleading Exhibit A: Policy & Endorsement, #5 Proposed Pleading Exhibit B: Its Nice, Inc. v. State Farm Fire & Casualty Co., No. 20-L-547 (Ill. Cir. Ct. DuPage Cnty. Sept. 29, 2020) (Transcript and Order), #6 Proposed Pleading Exhibit C: Nite, Nite LLC v. Certain Underwriters at Lloyds London, No. 698068, Sec. 23 (19th JDC E. Baton Rouge Parish, Feb. 8, 2020) (Judgment and Transcript), #7 Proposed Pleading Exhibit D: Cajun Conti v. Certain Underwriters at Lloyds, London, No. 2020-02558, Div. M, Sect. 13 (41st JDC Orleans Parish, Feb. 10, 2021) (Judgment), #8 Proposed Pleading Exhibit E: Gov. Proc. No. 30 JBE 2020, #9 Proposed Pleading Exhibit F: Gov. Proc. No. 33 JBE 2020)(Strauss, David) Modified text/attachment descriptions on 5/13/2021 (jeg).
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Filing 9
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Douglas W. Dunham (Filing fee $ 100 receipt number ALAEDC-8855992) by State Farm Fire & Casualty Company. (Attachments: #1 Registration, #2 Certificate of Good Standing, #3 Declaration, #4 Proposed Order)(Strauss, David)
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Filing 8
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Bert Lawrence Wolff (Fee previously paid) by State Farm Fire & Casualty Company. (Attachments: #1 Registration, #2 Certificate of Good Standing, #3 Declaration, #4 Proposed Order)(Strauss, David) (Attachment 1 replaced on 5/13/2021) (jeg).
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Filing fee paid from State Farm Fire & Casualty Company for Lawrence Wolff re #8 Motion to Appear Pro Hac Vice, Receipt No ALAEDC-8855601 (Filing fee $ 100) (ess) Modified on 5/12/2021 (ess).
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Filing 7
DIRECTIVE of the Court pursuant to 28:1447(b) re #1 Notice of Removal. By the Clerk.(jeg)
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Filing 6
Correction of Docket Entry by Clerk re #3 Notice (Other). **Filing attorney selected incorrect event. Correct event is NOTICE of Compliance. Clerk took corrective action by changing the event. No further action necessary.** (jeg)
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Filing 5
Correction of Docket Entry by Clerk re #1 Notice of Removal. **Document lists counsel Douglas W. Dunham and Bert L. Wolff, for a party in this action who have not been admitted to practice in this court. Any party not appearing in proper person must be represented by a member of the bar of this court (L.R. 83.2.4). Please see Local Rule 83.2.2 for this court's Procedures for Admission and Local Rule 83.2.5 for Visiting Attorneys to appear and participate Pro Hac Vice. Any future filings which list attorneys not admitted pursuant to LR 83.2.2 or 83.2.5 will not be accepted and will be deemed deficient.** (jeg)
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Filing 4
Initial Case Assignment to Judge Wendy B Vitter and Magistrate Judge Dana Douglas. (cc)
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Filing 3
NOTICE of Compliance Notice of All Parties Remaining in this Action by State Farm Fire & Casualty Company re #1 Notice of Removal. (Cassedy, Robin) Modified text on 4/30/2021 (jeg).
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Filing 2
Statement of Corporate Disclosure by State Farm Fire & Casualty Company identifying Corporate Parent State Farm Mutual Automobile Insurance Company for State Farm Fire & Casualty Company (Cassedy, Robin)
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Filing 1
NOTICE OF REMOVAL from Civil District Court, Orleans Parish, case number 2021-02347 Div A (Filing fee $ 402 receipt number ALAEDC-8839508) filed by State Farm Fire & Casualty Company. (Attachments: #1 Exhibit State Court Pleadings, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Civil Cover Sheet)Attorney Robin Danielle Cassedy added to party State Farm Fire & Casualty Company(pty:dft).(Cassedy, Robin) Modified text on 4/30/2021 (jeg).
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