Metro Service Group, Inc. v. Waste Connections Bayou, Inc.
| Metro Service Group, Inc. |
| Waste Connections Bayou, Inc., Progressive Waste Solutions of LA, Inc. and IESI LA Corporation |
| 2:2021cv01136 |
| June 10, 2021 |
| US District Court for the Eastern District of Louisiana |
| Nannette Jolivette Brown |
| Dana Douglas |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on December 21, 2022. A more recent docket listing may be available from PACER.
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Filing 127
Correction of Docket Entry by Clerk re #126 MOTION for Leave to File Out of Time Response to Motion for Judgment as a Matter of Law. **Filing attorney selected incorrect submission date. The correct date is 8/24/2022. Clerk took corrective action.** (jls)
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Filing 126
MOTION for Leave to File Out of Time Response to Motion for Judgment as a Matter of Law by Metro Service Group, Inc. Motion(s) will be submitted on 8/24/2022. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading, #3 Notice of Submission)(Lewis, Jonathan) Modified text, submission date on 8/8/2022 (jls).
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Filing 125
**DEFICIENT** EXPARTE/CONSENT MOTION for Leave to File Out of Time Response to Motion for Judgment as a Matter of Law by Metro Service Group, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Lewis, Jonathan) Modified text on 8/5/2022 (jls). Modified on 8/5/2022 (jls).
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Filing 124
MOTION for Judgment as a Matter of Law or, in the alternative, Rule 59(a) Motion for New Trial by Waste Connections Bayou, Inc. Motion(s) will be submitted on 8/10/2022. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Best, Jacob) Modified text on 7/14/2022 (jls).
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Filing 123
TRANSCRIPT of Jury Trial, Day 3 held on June 15, 2022 before Judge Nannette Jolivette Brown. Court Reporter/Recorder Jodi Simcox, Telephone number 504-589-7780. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 10/11/2022. (rsg)
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Filing 122
TRANSCRIPT of Jury Trial, Day 2 held on June 14, 2022 before Judge Nannette Jolivette Brown. Court Reporter/Recorder Jodi Simcox, Telephone number 504-589-7780. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 10/11/2022. (rsg)
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Filing 121
TRANSCRIPT of Jury Trial, Day 1 held on June 13, 2022 before Judge Nannette Jolivette Brown. Court Reporter/Recorder Jodi Simcox, Telephone number 504-589-7780. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 10/11/2022. (rsg)
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Filing 120
REPLY to Response to Motion filed by Metro Service Group, Inc. re #97 MOTION for Reconsideration re #27 Order on Motion to Dismiss/Failure to State a Claim. (jls)
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Filing 119
ORDER granting #116 Motion for Leave to File Reply Memorandum. Signed by Chief Judge Nannette Jolivette Brown on 7/12/2022. (jls)
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Filing 118
REPLY to Response to Motion filed by Metro Service Group, Inc. re #96 MOTION for Attorney Fees . (jls)
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Filing 117
ORDER GRANTING #113 Motion for Leave to File Reply Memorandum. Signed by Chief Judge Nannette Jolivette Brown on 7/12/2022. (jls)
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Filing 116
EXPARTE/CONSENT MOTION for Leave to File Reply re rec. doc. 97 by Metro Service Group, Inc. (Attachments: #1 Proposed Order For Leave to File Reply, #2 Proposed Pleading Reply)(Zimmer, Charles) Modified text on 7/12/2022 (jls).
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Filing 115
ORDERED that the #109 Motion for stay of Proceedings to Enforce Judgment is GRANTED. Upon the expiration of the automatic stay on July 15, 2022, enforcement of the Judgment in this matter is stayed pending resolution of any appeal to the Fifth Circuit or the Supreme Court. Signed by Chief Judge Nannette Jolivette Brown on 7/8/2022. (jls)
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Filing 114
Receipt - Original Supersedeas Bond No. 107 641 072 by Waste Connections Bayou, Inc. was received today and is on file with the Financial Unit for the Clerk of Court. (jls) (NEF: Financial Unit)
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Filing 113
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Further Support of Motion for Attorneys' Fees and Costs, rec. doc. 96 by Metro Service Group, Inc. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Lewis, Jonathan) Modified text on 7/7/2022 (jls).
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Filing 112
RESPONSE/MEMORANDUM in Opposition filed by Metro Service Group, Inc. re #109 MOTION to Stay Proceedings to Enforce Judgment . (Lewis, Jonathan)
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Filing 111
ORDER: IT IS ORDERED that the #110 Motion for Expedited Consideration is GRANTED. Any opposition to Defendant's Motion for Stay of Proceedings to Enforce Judgment is due by July 8, 2022 at 5:00 PM. Signed by Chief Judge Nannette Jolivette Brown on July 7, 2022. (mp)
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Filing 110
EXPARTE/CONSENT MOTION to Expedite Consideration of Motion for Stay of Proceedings to Enforce Judgment by Waste Connections Bayou, Inc.. (Attachments: #1 Proposed Order)(Best, Jacob)
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Filing 109
MOTION to Stay Proceedings to Enforce Judgment by Waste Connections Bayou, Inc.. Motion(s) will be submitted on 7/27/2022. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Best, Jacob)
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Filing 108
SUPERSEDEAS BOND No. 107 641 072. Signed by Chief Judge Nannette Jolivette Brown. (NEF: Financial Unit) (mp)
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Filing 107
ORDER: IT IS HEREBY ORDERED that Defendant's supersedeas bond be and hereby is approved and Defendant shall deliver the original bond to the Court within one business day of entry of the instant Order. Signed by Chief Judge Nannette Jolivette Brown on July 6, 2022. (NEF: Financial Unit) (mp)
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Filing 106
EXPARTE/CONSENT MOTION for Leave to File Supersedeas Bond by Waste Connections Bayou, Inc. (Attachments: #1 Exhibit "A", #2 Proposed Order)(Best, Jacob) Modified text on 7/6/2022 (jls).
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Filing 105
TEMPORARY RESTRAINING ORDER. Signed by Chief Judge Nannette Jolivette Brown on July 5, 2022. (mp)
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Filing 104
RESPONSE/MEMORANDUM in Opposition filed by Waste Connections Bayou, Inc. re #97 MOTION for Reconsideration re #27 Order on Motion to Dismiss/Failure to State a Claim . (Best, Jacob)
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Filing 103
RESPONSE/MEMORANDUM in Opposition filed by Waste Connections Bayou, Inc. re #96 MOTION for Attorney Fees . (Attachments: #1 Exhibit A, #2 Exhibit B)(Best, Jacob)
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Filing 102
PROPOSED CONSENT Temporary Restraining Order by Metro Service Group, Inc. (mp)
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Filing 101
Minute Entry for proceedings held before Chief Judge Nannette Jolivette Brown: Motion Hearing held on 7/5/2022 re #98 MOTION for Temporary Restraining Order and Expedited Preliminary Injunction filed by Metro Service Group, Inc. (Court Reporter Alexis Vice.) (mp)
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Filing 100
ORDER: IT IS ORDERED that a hearing on the #98 Motion for Ex Parte Temporary Restraining Order and Expedited Preliminary Injunction is set for 7/5/2022 02:00 PM via videoconference. Counsel will receive a Zoom link from chambers. Only counsel of record are permitted to appear at the conference. Signed by Chief Judge Nannette Jolivette Brown on July 5, 2022.(mp)
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Filing 99
RESPONSE/MEMORANDUM in Opposition filed by Waste Connections Bayou, Inc. re #98 MOTION for Temporary Restraining Order and Expedited Preliminary Injunction . (Attachments: #1 Exhibit A, #2 Exhibit B)(Best, Jacob)
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Filing 98
EXPARTE/CONSENT MOTION for Temporary Restraining Order and Expedited Preliminary Injunction by Metro Service Group, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Affidavit, #7 Exhibit, #8 Proposed Order)(Lewis, Jonathan)
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Filing 97
MOTION for Reconsideration re #27 Order on Motion to Dismiss/Failure to State a Claim by Metro Service Group, Inc. Motion(s) will be submitted on 7/13/2022. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Notice of Submission)(Zimmer, Charles)
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Filing 96
MOTION for Attorney Fees by Metro Service Group, Inc. Motion(s) will be submitted on 7/13/2022. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Affidavit, #4 Notice of Submission)(Lewis, Jonathan) Modified text on 6/22/2022 (jls).
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Filing 95
ORDER: IT IS ORDERED that within 14 days of completion of trial, counsel for each party deliver to the Case Manager any exhibit admitted or proffered into evidence at trial on a flash-drive. Signed by Chief Judge Nannette Jolivette Brown on June 15, 2022.(mp)
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Filing 94
JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that there be judgment in favor of Plaintiff Metro Service Group, Inc. and against Defendant Waste Connections Bayou, Inc. in the amount of $1,396,664.93. Signed by Chief Judge Nannette Jolivette Brown on June 15, 2022.(mp)
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Filing 93
Order to Pay Jurors Meals. Signed by Chief Judge Nannette Jolivette Brown on June 15, 2022. (nef: Procurement)(mp)
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Filing 92
JURY VERDICT FORM. (mp) (Additional attachment(s) added on 6/15/2022: #1 Unredacted Jury Verdict Form) (mp).
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Filing 91
Trial Exhibit List. (mp)
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Filing 90
Minute Entry for proceedings held before Chief Judge Nannette Jolivette Brown: Jury Trial completed on 6/15/2022. (Court Reporter Jodi Simcox.) (Attachments: #1 Certification of Trial Exhibits, #2 Jury Instructions, #3 Stipulated Facts, #4 Question from Jury) (mp)
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Filing 87
TRANSCRIPT of Motion Hearing held on April 20, 2022 before Judge Dana Douglas. Court Reporter/Recorder Sandy Minutillo, Telephone number 504-589-7775. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 9/13/2022. (rsg)
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Filing 89
Minute Entry for proceedings held before Chief Judge Nannette Jolivette Brown: Jury Trial held on 6/14/2022. (Court Reporter Jodi Simcox.) (mp)
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Filing 88
Minute Entry for proceedings held before Chief Judge Nannette Jolivette Brown: Jury Trial begun on 6/13/2022. (Court Reporter Jodi Simcox.) (Attachments: #1 Notice of Exhibit Removal) (mp)
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Filing 86
AMENDED PRETRIAL ORDER. Signed by Chief Judge Nannette Jolivette Brown on June 10, 2022.(mp)
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Filing 85
TRANSCRIPT of Motion Hearing held on November 3, 2021 before Judge Nannnette Jolivette Brown. Court Reporter/Recorder Nichelle Wheeler, Telephone number 504-589-7775. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 9/7/2022. (rsg)
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Filing 84
Proposed Supplemental Jury Instructions by Waste Connections Bayou, Inc. (Best, Jacob) Modified on 6/9/2022 (jls).
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Filing 83
ORDER AND REASONS GRANTING #68 Motions in Limine, as set forth herein. Plaintiff's exhibits 40, 41, 45, and 46, demonstrating Jefferson Parish's complaints and fines regarding Defendant's performance, are excluded. Defendant's exhibits 1, 2, and 4 through 17, regarding Plaintiff's performance of the subcontract, are also excluded. To the extent that any of these exhibits may be used for some other purpose, the parties may raise the issue at trial. Signed by Chief Judge Nannette Jolivette Brown on 6/8/2022. (jls)
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Filing 82
Return of Service of Trial Subpoena served on Katherine Costanza on 5/31/22. (Lewis, Jonathan) Modified event on 6/9/2022 (jls).
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Filing 81
Return of Service of Trial Subpoena served on Stephen Clay Richardson on 5/3/2022. (Best, Jacob) Modified event, text on 6/9/2022 (jls).
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Filing 80
Return of Service of Trial Subpoena served on Darren Gus Bordelon on 5/4/2022. (Best, Jacob) Modified event on 6/9/2022 (jls).
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Filing 79
Return of Service of Trial Subpoena served on Barry Bordelon on 5/4/2022. (Best, Jacob) Modified event on 6/9/2022 (jls).
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Filing 78
Minute Entry for proceedings held before Magistrate Judge Dana Douglas: Status Conference held on 6/8/2022. IT IS ORDERED that the parties shall proceed as discussed at the status conference. (cg)
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Filing 77
ORDER - IT IS ORDERED that a telephone status conference shall be conducted by the undersigned Magistrate Judge at 9:30 a.m. on Tuesday, June 7, 2022. This Court's staff shall send the conference dial-in information to the parties prior to the telephone status conference. Signed by Magistrate Judge Dana Douglas on 6/6/22.(cg)
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Filing 76
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #68 MOTION in Limine to Exclude Plaintiff's Proposed Irrelevant Trial Exhibits . (Attachments: #1 Exhibit Subcontract, #2 Exhibit Admissions)(Zimmer, Charles)
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Filing 75
Correction of Docket Entry by Clerk re #74 Proposed Amended Pretrial Order. **Document was filed with incorrect attachment. The correct attachment was provided to the Clerk and has been replaced on the docket.** (jls)
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Filing 74
Proposed Amended Pretrial Order by Metro Service Group, Inc., and by Waste Connections Bayou, Inc. (Attachments: #1 Appendix A)(Best, Jacob) Modified text and filers on 6/3/2022 (jls). (Attachment 1 replaced on 6/3/2022) (jls).
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Filing 73
Proposed Jury Instructions by Waste Connections Bayou, Inc. (Best, Jacob) Modified text on 6/3/2022 (jls).
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Filing 72
Proposed Jury Verdict Form by Waste Connections Bayou, Inc.. (Best, Jacob)
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Filing 71
DUPLICATE FILING - See Rec. Doc. 73: Proposed Jury Instructions by Waste Connections Bayou, Inc. (Best, Jacob) Modified text on 6/2/2022 (jls). Modified on 6/3/2022 (mp).
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Filing 70
Proposed Voir Dire by Waste Connections Bayou, Inc.. (Best, Jacob)
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Filing 69
TRIAL BRIEF by Waste Connections Bayou, Inc. (Best, Jacob) Modified text on 6/2/2022 (jls).
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Filing 68
MOTION in Limine to Exclude Plaintiff's Proposed Irrelevant Trial Exhibits by Waste Connections Bayou, Inc. Motion(s) will be submitted on 6/13/2022. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order, #7 Notice of Submission)(Best, Jacob) Modified text on 6/2/2022 (jls).
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Filing 67
DUPLICATE FILING - See Rec. Doc. 68: MOTION in Limine to to Exclude Pltf's Proposed Irrelevant Trial Exhibits by Waste Connections Bayou, Inc. Motion(s) will be submitted on 6/13/2022. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Best, Jacob) Modified text on 6/2/2022 (jls). Modified on 6/2/2022 (mp).
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Filing 66
TRIAL BRIEF of Evidentiary Objections by Metro Service Group, Inc. (Lewis, Jonathan) Modified text on 6/2/2022 (jls).
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Filing 65
Proposed Jury Verdict Form by Metro Service Group, Inc. (Lewis, Jonathan) Modified text on 6/2/2022 (jls).
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Filing 64
Proposed Voir Dire by Metro Service Group, Inc. (Lewis, Jonathan) Modified text on 6/2/2022 (jls).
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Filing 63
Proposed Jury Instructions by Metro Service Group, Inc. (Lewis, Jonathan) Modified text on 6/2/2022 (jls).
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Filing 62
ORDER: IT IS ORDERED that the parties' #60 Motion to Amend Pre-Trial Order is GRANTED. The parties must file the amended pretrial order by June 3, 2022 at 5:00 PM. Signed by Chief Judge Nannette Jolivette Brown on May 31, 2022. (mp)
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Filing 61
ORDER AND REASONS granting in part and denying in part #32 Motion to Compel. IT IS FURTHER ORDERED that the unredacted copies of MSG-WCB002401, the series of communications between Clay Richardson of Waste Connections and Katherine Constanza of Jefferson Parish, must be produced to Plaintiff by 5:00 p.m. on Friday, June 3, 2022. In all other respects, the motion to compel is DENIED. Any objections to this order must be filed no later than Friday, June 3, 2022 by 5:00 p.m. Any responses to objections must be filed by Monday, June 6, 2022 at 5:00 p.m. to allow time for the district court to review prior to the June 13, 2022 trial date. Signed by Magistrate Judge Dana Douglas on 5/31/22. (cg)
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Filing 60
EXPARTE/CONSENT MOTION to Amend/Correct #58 Pretrial Order by Waste Connections Bayou, Inc. (Attachments: #1 Proposed Order)(Best, Jacob) Modified text on 5/31/2022 (jls).
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Filing 59
TRANSCRIPT of Motion Hearing held on April 20, 2022 before Judge Dana Douglas. Court Reporter/Recorder Sandra Minutillo, Telephone number 504-589-7781. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 8/24/2022. (rsg)
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Filing 58
PRETRIAL ORDER. Signed by Chief Judge Nannette Jolivette Brown on May 26, 2022.(mp)
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Filing 57
Minute Entry for proceedings held before Chief Judge Nannette Jolivette Brown: Final Pretrial Conference held on 5/26/2022. As stated in the Courts pretrial notice, proposed jury instructions, special jury interrogatories, and trial memoranda must be filed no later than seven full working days prior to trial. (mp)
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Filing 56
Minute Entry for proceedings held before Magistrate Judge Dana Douglas: Settlement Conference held on 5/26/2022. A settlement could not be confected at this time. Counsel are instructed to notify the undersigned if an additional settlement conference would be beneficial prior to trial. (cg)
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Filing 55
Proposed Pretrial Order by Waste Connections Bayou, Inc. and by Metro Service Group, Inc. (Lewis, Jonathan) (Additional attachment(s) added on 5/26/2022: #1 Appendix A) (mp). Modified filers on 5/26/2022 (jls).
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Filing 54
ORDER - The settlement conference previously scheduled on Thursday, May 26, 2022 at 9:00 a.m. is RESET to Wednesday, May 25, 2022 at 2:00 p.m. The court will send a follow-up email to all parties with an updated zoom hyperlink. Signed by Magistrate Judge Dana Douglas on 5/23/22.(cg)
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Filing 53
ORDER: IT IS HEREBY ORDERED that the parties revise the Pre-Trial Order consistent with the directives herein and the instructions contained in the Court's Pre-Trial Notice and submit the revised Pre-Trial Order to the Court by 5:00 PM on May 25, 2022. Signed by Chief Judge Nannette Jolivette Brown on May 23, 2022.(mp)
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Filing 52
Proposed Joint Pretrial Order by Metro Service Group, Inc. and Defendant Waste Connections Bayou, Inc. (Zimmer, Charles) Modified text, filers on 5/20/2022 (jls).
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Filing 51
ORDER AND REASONS DENYING #34 Motion for Summary Judgment or, in the Alternative, Motion for Partial Summary Judgment, as set forth herein. Signed by Chief Judge Nannette Jolivette Brown on 5/17/2022. (jls)
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Filing 50
ORDER: IT IS HEREBY ORDERED that the #38 Motion for Leave to File Response to Defendant's Statement of Material Facts Out of Time is GRANTED and that the memorandum accompanying the motion is filed into the record as an attachment to Plaintiff's opposition to Defendant's motion for summary judgment. Signed by Chief Judge Nannette Jolivette Brown on April 20, 2022. (mp)
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Filing 49
Minute Entry for proceedings held before Magistrate Judge Dana Douglas: Motion Hearing held on 4/20/2022 re #32 MOTION to Compel filed by Metro Service Group, Inc. For the reasons stated on the record, IT IS ORDERED that the Motion to Compel (Rec. Doc. No. 32) is TAKEN UNDER ADVISEMENT. (cg)
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Filing 48
REPLY to Response to Motion filed by Metro Service Group, Inc. re #32 MOTION to Compel. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(caa)
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Filing 47
ORDER that the Motion for Leave to File Reply Memorandum in Support of Motion to Compel #44 is GRANTED. Signed by Magistrate Judge Dana Douglas on 4/20/2022. (caa)
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Filing 46
REPLY to Response to Motion filed by Waste Connections Bayou, Inc. re #34 MOTION for Summary Judgment or, in the Alternative, Motion for Partial Summary Judgment. (jls)
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Filing 45
ORDER GRANTING #42 Motion for Leave to File Reply Memorandum in Support of Motion for Summary Judgment or, in the Alternative, Motion for Partial Summary Judgment. Signed by Chief Judge Nannette Jolivette Brown on 4/19/2022. (jls)
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Filing 44
EXPARTE/CONSENT MOTION for Leave to File Reply by Metro Service Group, Inc.. Motion(s) referred to Dana Douglas. (Attachments: #1 Proposed Order, #2 Proposed Pleading Reply Brief, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Zimmer, Charles)
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Filing 43
ORDER - A settlement conference in the above captioned matter is hereby SCHEDULED for Thursday, May 26, 2022 at 9:00 A.M. before United States Magistrate Judge Dana M. Douglas. Each party shall provide, in confidence, a concise settlement memorandum. The memorandum shall be submitted three (3) working days prior to the conference and shall be no longer than three (3) pages double spaced. The memorandum shall be emailed directly to: efile-douglas@laed.uscourts.gov. The email subject line should read: "Settlement Position Paper for [case number] on [date of conference]". Signed by Magistrate Judge Dana Douglas on 4/18/22.(cg)
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Filing 42
EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion for Summary Judgment by Waste Connections Bayou, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Best, Jacob)
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Filing 41
DEFICIENT: REPLY to Response to Motion filed by All Plaintiffs re #32 MOTION to Compel . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Zimmer, Charles) Modified text on 4/15/2022 (lw).
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Filing 40
ORDER - IT IS ORDERED that the Motion to Compel (Rec. Doc. No. 32) is RESET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday, April 20, 2022, at 11:00 a.m. in Courtroom B305 at 500 Poydras St. (Hale Boggs Federal Bldg.), New Orleans, Louisiana, IN PERSON. Signed by Magistrate Judge Dana Douglas on 4/14/22.(cg)
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Filing 39
ORDER: IT IS HEREBY ORDERED that Defendant's #35 Request for Oral Argument is DENIED. Signed by Chief Judge Nannette Jolivette Brown on 4/12/2022.(pp)
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Filing 38
EXPARTE/CONSENT MOTION for Leave to File Response to Defendant's Statement of Material Facts Out of Time by Metro Service Group, Inc.. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Lewis, Jonathan) Modified text on 4/13/2022 (lw).
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Filing 37
RESPONSE/MEMORANDUM in Opposition filed by Waste Connections Bayou, Inc. re #32 MOTION to Compel . (Attachments: #1 Exhibit 1)(Best, Jacob)
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Filing 36
RESPONSE/MEMORANDUM in Opposition filed by Metro Service Group, Inc. re #34 MOTION for Summary Judgment or, in the Alternative, Motion for Partial Summary Judgment. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit)(Lewis, Jonathan) Modified text on 4/12/2022 (cwa). (Additional attachment(s) added on 4/21/2022: #27 Response to Statement of Uncontested Facts) (mp).
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Filing 35
Request/Statement of Oral Argument by Waste Connections Bayou, Inc. regarding #34 MOTION for Summary Judgment or, in the Alternative, Motion for Partial Summary Judgment. (Best, Jacob) Modified text on 4/5/2022 (jls).
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Filing 34
MOTION for Summary Judgment or, in the Alternative, Motion for Partial Summary Judgment, by Waste Connections Bayou, Inc. Motion(s) will be submitted on 4/20/2022. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Statement of Contested/Uncontested Facts, #4 Notice of Submission, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9)(Best, Jacob) Modified text on 4/5/2022 (jls).
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Filing 33
ORDER that the Motion to Compel #32 is SET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday, 4/20/2022, at 11:00 a.m. Given the novel COVID-19 pandemic, the oral hearing set in the captioned matter will be held by video. The Court will contact counsel prior to the date of the oral hearing with the video conference link. Any memorandum in opposition shall be filed in accordance with the Local Rules of this Court. Signed by Magistrate Judge Dana Douglas on 3/28/2022.(caa)
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Filing 32
MOTION to Compel by Metro Service Group, Inc. Motion(s) referred to Dana Douglas. Motion(s) will be submitted on 4/20/2022. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Zimmer, Charles) Modified text on 3/28/2022 (jls).
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Filing 31
Witness and Exhibit List by Metro Service Group, Inc. (Lewis, Jonathan) Modified text on 3/28/2022 (jls).
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Filing 30
Witness and Exhibit List by Waste Connections Bayou, Inc. (Best, Jacob) Modified event/text on 3/28/2022 (jls).
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Filing 29
ORDER: IT IS ORDERED that the #28 Joint Motion to Modify Deadlines is DENIED. Signed by Chief Judge Nannette Jolivette Brown on March 23, 2022. (mp)
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Filing 28
EXPARTE/CONSENT Joint MOTION for Extension of Deadlines by Meteo Service Group, Inc. and by Waste Connections Bayou, Inc. (Attachments: #1 Proposed Order)(Best, Jacob) Modified text on 3/23/2022 (jls).
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Filing 27
ORDER AND REASONS that Defendants Partial Motion to Dismiss Pursuant to Fed. R. Civ. Proc. 12(b)(6) for Failure to State a Claim #17 is GRANTED. All of Plaintiffs claims accruing prior to 5/5/2018 are prescribed. Signed by Chief Judge Nannette Jolivette Brown on 11/18/2021. (caa)
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Filing 26
Minute Entry for proceedings held before Chief Judge Nannette Jolivette Brown: Motion Hearing held on 11/3/2021 re #17 Motion to Dismiss for Failure to State a Claim filed by Waste Connections Bayou, Inc. Matter taken under advisement. (Court Reporter Nichelle Wheeler.) (mp)
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Filing 25
REPLY to Response to Motion filed by Waste Connections Bayou, Inc. re #17 MOTION to Dismiss for Failure to State a Claim . (jls)
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Filing 24
ORDER GRANTING #22 Motion for Leave to File Reply Memorandum in Support of Partial Motion to Dismiss. Signed by Chief Judge Nannette Jolivette Brown on 10/28/2021. (jls)
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Filing 23
ORDERED that the #17 Partial Motion to Dismiss for Failure to State a Claim is set for oral argument on 11/3/2021 at 10:00 AM. Each side will be allotted 15 minutes for the motion. Signed by Chief Judge Nannette Jolivette Brown on 10/28/2021.(jls)
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Filing 22
EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Partial Motion to Dismiss by Waste Connections Bayou, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Best, Jacob)
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Filing 21
RESPONSE/MEMORANDUM in Opposition filed by Metro Service Group, Inc. re #17 MOTION to Dismiss for Failure to State a Claim . (Lewis, Jonathan)
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Filing 20
PROTECTIVE ORDER. Signed by Magistrate Judge Dana Douglas on 10/25/21.(cg)
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Filing 19
EXPARTE/CONSENT Joint MOTION for Protective Order by Metro Service Group, Inc. and by Waste Connections Bayou, Inc. Motion(s) referred to Dana Douglas. (Attachments: #1 Proposed Order)(Best, Jacob) Modified text/filers on 10/22/2021 (jls).
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Filing 18
Request/Statement of Oral Argument by Waste Connections Bayou, Inc. regarding #17 MOTION to Dismiss for Failure to State a Claim (Best, Jacob)
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Filing 17
MOTION to Dismiss for Failure to State a Claim by Waste Connections Bayou, Inc. Motion(s) will be submitted on 11/3/2021. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Best, Jacob) Modified text on 9/29/2021 (jls).
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Filing 16
Minute Entry for proceedings held before Chief Judge Nannette Jolivette Brown: Status Conference held by videoconference on 9/21/2021. The Court met with the parties to discuss the status of the case. (jls)
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Filing 15
STATUS REPORT (Joint) by Metro Service Group, Inc., and by Waste Connections Bayou, Inc. (Best, Jacob) Modified text/filers on 9/13/2021 (jls).
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Filing 14
ORDERED that Defendant's #10 Request for Oral Argument is MOOT. Signed by Chief Judge Nannette Jolivette Brown on 8/6/2021.(jls)
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Filing 13
ORDER AND REASONS DENYING #9 Motion for Disclosure and/or Recusal, as set forth in document. Signed by Chief Judge Nannette Jolivette Brown on 8/6/2021. (jls)
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Filing 12
NOTICE Status Conference RESET for 9/21/2021 3:00 PM before Chief Judge Nannette Jolivette Brown. By Clerk for Chief Judge Nannette Jolivette Brown.(jrc)
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Filing 11
SCHEDULING ORDER: Final Pretrial Conference set for 5/26/2022 02:00 AM before Chief Judge Nannette Jolivette Brown. Status Conference set for 9/15/2021 03:00 PM before Chief Judge Nannette Jolivette Brown. Jury Trial set for 6/13/2022 09:00 AM before Chief Judge Nannette Jolivette Brown. Issued by Clerk for Chief Judge Nannette Jolivette Brown. (Attachments: #1 Pretrial Notice Form, #2 Standing Order)(jrc)
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Filing 10
Request/Statement of Oral Argument by Waste Connections Bayou, Inc. regarding #9 MOTION to Disqualify Judge MOTION for Recusal (Best, Jacob)
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Filing 9
MOTION to Disqualify Judge , MOTION for Recusal by Waste Connections Bayou, Inc. Motion(s) will be submitted on 8/25/2021. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Proposed Order, #9 Notice of Submission)(Best, Jacob)
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Filing 8
NOTICE of Hearing. Scheduling Conference set for 7/29/2021 3:15 PM before case manager by telephone. By Clerk. (jrc)
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Filing 7
ANSWER to #4 Answer to Complaint - Notice of Removal, Counterclaim by Metro Service Group, Inc. (Lewis, Jonathan)
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Filing 6
Statement of Corporate Disclosure by Metro Service Group, Inc. (Lewis, Jonathan)
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Filing 5
Statement of Corporate Disclosure by Waste Connections Bayou, Inc. identifying Corporate Parent Waste Connections US Holdings, Inc, Corporate Parent Waste Connections, Inc. for Waste Connections Bayou, Inc. (Best, Jacob)
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Filing 4
ANSWER to #1 Notice of Removal, with Jury Demand , COUNTERCLAIM with Jury Demand against Metro Service Group, Inc. by Waste Connections Bayou, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Best, Jacob)
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Filing 3
Directive of the Clerk regarding compliance with 28:1447(b) re: #1 Notice of Removal, filed by Waste Connections Bayou, Inc. By the Clerk. (bm)
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Filing 2
Initial Case Assignment to Chief Judge Nannette Jolivette Brown and Magistrate Judge Dana Douglas. (ess)
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Filing 1
NOTICE OF REMOVAL from 24th Judicial District Court, Parish of Jefferson, case number 817-346 (Filing fee $ 402 receipt number CLAEDC-8898166) filed by Waste Connections Bayou, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Pleadings)Attorney Jacob Kenneth Best added to party Waste Connections Bayou, Inc.(pty:dft).(Best, Jacob)
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