Johnson v. Rental Insurance Services, Inc. et al
| Irwin Johnson |
| Rental Insurance Services, Inc., EAN Holdings, LLC, National Alamo Car Rental, Dewayne Lacey Tucker, EAN Holdings, LLC doing business as National Alamo Car Rental and Empire Fire & Marine Ins Co |
| 2:2021cv02092 |
| November 12, 2021 |
| US District Court for the Eastern District of Louisiana |
| Michael North |
| Wendy B Vitter |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on January 10, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 TELEPHONE STATUS CONFERENCE REPORT AND ORDER for proceedings held before Judge Wendy B Vitter: On 1/10/2022, the Court held a Telephone Status Conference in this matter. During the conference, the Court discussed with counsel the status of the case. Counsel for defendants advised the Court that it had demanded a jury trial in its Answer (R. Doc. 15). IT IS HEREBY ORDERED that the trial of this matter will proceed on MONDAY, August 1, 2022 at 9:00 a.m. before the District Judge WITH a jury. All deadlines set forth in the Courts Scheduling Order (R. Doc. 7) remain in effect. (jeg) |
Filing 18
ORDER: IT IS HEREBY ORDERED that the #16 Motion is GRANTED. IT IS FURTHER ORDERED that all of Plaintiff's claims against Rental Insurance Services, Inc. and EAN Holdings, LLC d/b/a National Alamo Car Rental are DISMISSED WITHOUT PREJUDICE, with each party to bear its own costs. Plaintiff's claims against Dewayne Lacey Tucker and Empire Fire and Marine Insurance Company remain pending. Signed by Judge Wendy B Vitter on 12/22/2021. (jeg)
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| Filing 17 Correction of Docket Entry by Clerk re #16 MOTION to Dismiss Party Rental Insurance Services, Inc & EAN Holdings, LLC d/b/a National Alamo Car Rental. **The title of the attached proposed order should not include the word 'Proposed' but only reflect 'Order' on the actual document.** (jeg) |
| Filing 16 EXPARTE/CONSENT MOTION to Dismiss Party Rental Insurance Services, Inc & EAN Holdings, LLC d/b/a National Alamo Car Rental by Irwin Johnson. (Attachments: #1 Proposed Order)(Burrell, Dwayne) |
| Filing 15 ANSWER to #13 Amended Complaint with Jury Demand by Empire Fire & Marine Ins Co, Dewayne Lacey Tucker.Attorney Stephannie Marie England added to party Empire Fire & Marine Ins Co(pty:dft).(England, Stephannie) |
| Filing 14 Summons Issued as to Empire Fire and Marine Insurance Company. (mmv) |
| Filing 13 AMENDED COMPLAINT against EAN Holdings, LLC, Rental Insurance Services, Inc., Dewayne Lacey Tucker, Empire Fire and Marine Insurance Company filed by Irwin Johnson. (Attachments: #1 Summons)(mmv) |
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Filing 12
TEXT ORDER (No PDF Document Attached) GRANTING as unopposed #10 Motion for Leave to File Amended Petition for Damages. The Clerk's Office is directed to file Plaintiff's Amended Complaint (R. Doc. 10-2) into the record in this matter. Signed by Judge Wendy B Vitter on 12/15/21. (fmm)
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| Filing 11 Correction of Docket Entry by Clerk re #10 MOTION for Leave to File Plaintiff's Amended Complaint. **Filing attorney did not properly format the pdf of the Summons. 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) |
| Filing 10 EXPARTE/CONSENT MOTION for Leave to File Plaintiff's Amended Complaint by Irwin Johnson. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Summons)(Burrell, Dwayne) (Attachment 3 replaced on 12/15/2021) (jeg). |
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Filing 9
ORDER: IT IS HEREBY ORDERED that the #8 Motion is DENIED without prejudice. Plaintiff shall have until seven (7) days from the date of this Order to re-file the Motion with a proposed comprehensive amended pleading that includes all of Plaintiff's numbered allegations, as revised, supplemented, and/or amended, and that adequately alleges the citizenship of the parties, which will become the operative complaint in this matter without reference to any other document in the record. Signed by Judge Wendy B Vitter on 12/13/2021. (mmv)
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| Filing 8 EXPARTE/CONSENT MOTION for Leave to File Plaintiff's First Amended Petition for Damages by Irwin Johnson. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Burrell, Dwayne) |
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Filing 7
SCHEDULING ORDER: Final Pretrial Conference set for 7/14/2022 11:00 AM before Judge Wendy B Vitter. Status Conference set for 1/10/2022 03:00 PM before Judge Wendy B Vitter. Bench Trial set for 8/1/2022 09:00 AM before Judge Wendy B Vitter. All discovery must be completed by 5/16/2022. Signed by Judge Wendy B Vitter on 12/9/2021. (Attachments: #1 Pretrial Notice Form)(jeg)
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| Filing 6 NOTICE of Hearing. A call-in scheduling conference is set for 12/9/2021 10:30 AM before case manager by telephone. By Clerk. Please follow the dial-in instructions provided in this notice.(mmv) |
| Filing 5 NOTICE OF REMOVAL from Civil District Court, Parish of Orleans, case number 2021-7328, F-14 (Filing fee $ 402 receipt number ALAEDC-9118242) filed by EAN Holdings, LLC.(Salley, David) |
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Filing 4
ORDER: IT IS HEREBY ORDERED that Defendants shall have seven (7) days from the date of this Order to file a comprehensive amended Notice of Removal, without further leave of Court, as set forth herein. Failure to comply with this Order may result in dismissal of the Notice of Removal. Signed by Judge Wendy B Vitter on 11/17/2021.(jeg)
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| Filing 3 Directive of the Clerk regarding compliance 28:1447(b) re #1 Notice of Removal, filed by EAN Holdings, LLC, Rental Insurance Services, Inc., Dewayne Lacey Ticker. (lw) |
| Filing 2 Initial Case Assignment to Judge Wendy B Vitter and Magistrate Judge Michael North. (aj) |
| Filing 1 NOTICE OF REMOVAL from Civil District Court, Parish of Orleans, case number 2021-7328 (Filing fee $ 402 receipt number ALAEDC-9104890) filed by EAN Holdings, LLC. (Attachments: #1 Exhibit A - Petition for Damages & Service of Process, #2 Exhibit B - Orleans Parish Sheriff Service Detail re EAN, #3 Exhibit C - Orleans Parish Sheriff Service Detail re RIS, #4 Exhibit D - Affidavit of Service on Dwayne Lacey Tucker, #5 Exhibit E - Email dated 11-1-2021, #6 Exhibit F - LA Health Solutions Statement, #7 Verificatioin, #8 Affidavit of Filing Notice of Removal in State Court, #9 Civil Cover Sheet)Attorney David P. Salley added to party EAN Holdings, LLC(pty:dft).(Salley, David) |
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