Hudson Excess Insurance Company v. Theta Beta Sigma Programs and Housing Foundation et al
| Hudson Excess Insurance Company |
| Theta Beta Sigma Programs and Housing Foundation, CMR Construction & Roofing, LLC, Home Bank, N.A. and Alpha Gamma Zeta Foundation Zeta Phi Beta Sorority, Inc. doing business as Bleu Diamond Event Hall |
| Alpha Gamma Zeta Foundation |
| 2:2022cv00185 |
| January 27, 2022 |
| US District Court for the Eastern District of Louisiana |
| Donna Phillips Currault |
| Sarah S Vance |
| Other Statutory Actions |
| 28 U.S.C. § 1335 Interpleader Action |
| Defendant |
Docket Report
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This docket was last retrieved on August 17, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 42 STIPULATION of Dismissal With Prejudice by Hudson Excess Insurance Company (Gasperecz, Albert) |
Filing 41
ORDER granting #40 Joint Motion for Disbursement of Funds. Signed by Judge Sarah S. Vance on 7/29/2022. (mm) (NEF: Financial Unit)
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| Filing 40 EXPARTE/CONSENT JOINT MOTION for Disbursement of Funds by Home Bank, N.A., Theta Beta Sigma Programs and Housing Foundation, Alpha Gamma Zeta Foundation, CMR Construction & Roofing, LLC (Attachments: #1 Exhibit - Certificate of Submission to Clerk, #2 Proposed Order)(LeGros, Clay) |
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Filing 39
ORDER OF DISMISSAL: IT IS ORDERED that this action be and it is hereby dismissed as to all parties, without costs and without prejudice as stated herein. Signed by Judge Sarah S. Vance on 7/20/2022. (mm)
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| Filing 38 Minute Entry for proceedings held before Magistrate Judge Donna Phillips Currault: Settlement Conference held on 7/18/2022. After extensive settlement discussions with the parties and counsel, the court was advised that a settlement has been reached. By copy of this minute entry, Judge Vance is advised so that she may enter an appropriate 60-day conditional dismissal order. (NEF: Sec R) (cwa) |
| Filing 37 SUPPLEMENTAL AND AMENDING CROSSCLAIM against Alpha Gamma Zeta Foundation, CMR Construction & Roofing, LLC, Theta Beta Sigma Programs and Housing Foundation filed by Home Bank, N.A.(mm) |
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Filing 36
ORDER granting #35 Motion for Leave to File Supplemental and Amending Cross Claim. Signed by Judge Sarah S. Vance on 7/7/2022. (mm)
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| Filing 35 EXPARTE/CONSENT MOTION for Leave to File Supplemental and Amending Cross Claim by Home Bank, N.A. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Proposed Pleading-Exhibit, #4 Proposed Pleading-Exhibit)(LeGros, Clay) Modified text on 7/7/2022 (mm). |
| Filing 34 DEFICIENT: EXPARTE/CONSENT MOTION for Leave to File Supplemental Cross Claim by Home Bank, N.A. (Attachments: #1 Proposed Order)(LeGros, Clay) Modified text on 7/6/2022 (mm). |
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Filing 33
SCHEDULING ORDER: Final Pretrial Conference set for 2/23/2023 11:00 AM before Judge Sarah S. Vance. Jury Trial set for 3/13/2023 08:30 AM before Judge Sarah S. Vance. All discovery must be completed by 1/10/2023. Signed by Judge Sarah S. Vance on 6/17/2022. (Attachments: #1 Pre-Trial Notice)(mm) (NEF: MJ)
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| Filing 32 ANSWER to #22 Crossclaim by CMR Construction & Roofing, LLC. (Perkins, Stephen) |
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Filing 31
ORDER that a Settlement Conference is scheduled for Monday, 7/18/2022, at 2:00 p.m., before Magistrate Judge Donna Phillips Currault. At least two (2) full business days before the conference, each party shall provide a confidential, concise position letter or memorandum no longer than four (4) pages double-spaced, including the case number and case name, outlining the settlement position of the party and the evidence the party expects to produce at trial. It is the duty of the parties to notify my Chambers if this case is continued, settled, or otherwise disposed of prior to the date of the scheduled settlement conference. This settlement conference will be conducted via video-conference. Participation of parties in addition to counsel increases the efficiency and effectiveness of the Settlement Conference. Therefore, counsel must instruct their clients to be present on the videoconference at the start of the conference. Signed by Magistrate Judge Donna Phillips Currault on 6/2/2022.(caa)
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| Filing 30 REPLY to Response to Motion filed by Alpha Gamma Zeta Foundation, Theta Beta Sigma Programs and Housing Foundation re #19 MOTION to Dismiss for Failure to State a Claim Cross-Claim by CMR Construction and Roofing, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(jls) |
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Filing 29
ORDER GRANTING #27 Motion for Leave to File Reply to CMR Construction and Roofing, LLC's Response to Motion to Dismiss Cross-Claim. Signed by Judge Sarah S. Vance on 5/27/2022. (jls)
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| Filing 28 Correction of Docket Entry by Clerk re #27 Reply. Filing attorney selected incorrect event. Correct event is Motion for Leave to File Document. Clerk took corrective action by changing the event. (lw) |
| Filing 27 EXPARTE/CONSENT MOTION for Leave to File Reply filed by Alpha Gamma Zeta Foundation, Theta Beta Sigma Programs and Housing Foundation(Doc. 22) re #19 MOTION to Dismiss for Failure to State a Claim Cross-Claim by CMR Construction and Roofing, LLC . (Attachments: #1 Proposed Pleading, #2 Exhibit, #3 Exhibit)(Zanders, Willie) Modified text on 5/19/2022 (lw). (Additional attachment(s) added on 5/27/2022: #4 Proposed Order) (cbs). Modified on 5/27/2022 (cbs). |
| Filing 26 **FILED IN ERROR**REPLY to Response to Motion filed by Alpha Gamma Zeta Foundation re #19 MOTION to Dismiss for Failure to State a Claim Cross-Claim by CMR Construction and Roofing, LLC . (Zanders, Willie) Modified on 5/18/2022 (cg). |
| Filing 25 RESPONSE to Motion filed by CMR Construction & Roofing, LLC re #19 MOTION to Dismiss for Failure to State a Claim Cross-Claim. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Perkins, Stephen) |
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Filing 24
ORDER SETTING PRELIMINARY CONFERENCE with Call-In Instructions: Scheduling Conference set for 6/7/2022 09:30 AM before case manager, by telephone. Signed by Judge Sarah S. Vance on 5/9/2022.(cbs)
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| Filing 23 RESPONSE to Motion filed by Home Bank, N.A. re #19 MOTION to Dismiss for Failure to State a Claim Cross-Claim by CMR Construction and Roofing, LLC. (LeGros, Clay) |
| Filing 22 ANSWER to #1 Complaint, CROSSCLAIM against Alpha Gamma Zeta Foundation, CMR Construction & Roofing, LLC, Theta Beta Sigma Programs and Housing Foundation by Home Bank, N.A. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(LeGros, Clay) |
| Filing 21 Correction of Docket Entry by Clerk re #19 MOTION to Dismiss for Failure to State a Claim Cross-Claim by CMR Construction and Roofing, LLC. **1. Filing attorney did not select Alpha Gamma Zeta Foundation as a filer(s). Clerk added filer(s). 2. Document reflects incorrect caption. All future pleadings MUST reflect the correct caption of Hudson Excess Insurance Company v. Theta Beta Sigma Programs and Housing Foundation et al. 3. Parties must be named in the body of the document exactly as they are on the docket sheet. Party in the body of the document should be named as Theta Beta Sigma Programs and Housing Foundation on all future pleadings.** (mm) |
| Filing 20 Correction of Docket Entry by Clerk re #18 MOTION to Dismiss for Failure to State a Claim Cross-Claim by CMR Construction and Roofing, LLC. **This is a duplicate filing of document 19 and will be noted as such. No further action is necessary.** (mm) |
| Filing 19 MOTION to Dismiss for Failure to State a Claim Cross-Claim by CMR Construction and Roofing, LLC by Theta Beta Sigma Programs and Housing Foundation, Alpha Gamma Zeta Foundation. Motion(s) will be submitted on 5/18/2022. (Attachments: #1 Memorandum in Support, #2 Affidavit, #3 Notice of Submission)(Zanders, Willie) Modified text/filers on 4/19/2022 (mm). |
| Filing 18 **DUPLICATE FILING OF REC. DOC. 19. SEE REC. DOC. 19 FOR CORRECT FILING** MOTION to Dismiss for Failure to State a Claim Cross-Claim by CMR Construction and Roofing, LLC by Alpha Gamma Zeta Foundation, Theta Beta Sigma Programs and Housing Foundation. Motion(s) will be submitted on 5/18/2022. (Attachments: #1 Memorandum in Support, #2 Affidavit, #3 Notice of Submission)(Zanders, Willie) Modified text on 4/19/2022 (mm). |
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Filing 17
ORDER granting #16 Motion for Extension of Time to Answer re #1 Complaint as to Home Bank, N.A.; answer due 4/25/2022. Signed by Judge Sarah S. Vance on 4/1/2022. (mm)
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| Filing 16 EXPARTE/CONSENT MOTION for Extension of Time to Answer #1 Complaint by Home Bank, N.A. (Attachments: #1 Proposed Order)Attorney Clay Justin LeGros added to party Home Bank, N.A.(pty:dft).(LeGros, Clay) Modified text on 4/1/2022 (lw). |
| Filing 15 ANSWER to #13 Answer to Complaint, Crossclaim, #1 Complaint, with Jury Demand by Theta Beta Sigma Programs and Housing Foundation, Alpha Gamma Zeta Foundation. (Attachments: #1 Affidavit Mary Carter, #2 Affidavit George Rabb, #3 Affidavit Ronald Gearing, #4 Affidavit Dimitri Ashmore, #5 Affidavit William Harris)Attorney Willie Matthew Zanders added to party Theta Beta Sigma Programs and Housing Foundation(pty:crd).(Zanders, Willie) (Attachment 5 replaced on 3/29/2022) (lw). Modified filer/text on 3/29/2022 (lw). |
| Filing 14 ANSWER to #1 Complaint with Jury Demand by Alpha Gamma Zeta Foundation, Theta Beta Sigma Programs and Housing Foundation. (Attachments: #1 Affidavit Mary Carter, #2 Affidavit George Rabb, #3 Affidavit Ronald Gearing, #4 Affidavit Dimitri Ashmore, #5 Affidavit William Harris, #6 Exhibit Roofing Contract)Attorney Willie Matthew Zanders added to party Alpha Gamma Zeta Foundation (pty:dft).(Zanders, Willie) Modified filer/text on 3/29/2022 (lw). (Attachment 6 replaced on 3/29/2022) (lw). |
| Filing 13 ANSWER to Complaint , CROSSCLAIM against Theta Beta Sigma Programs and Housing Foundation by CMR Construction & Roofing, LLC. (Attachments: #1 Exhibit, #2 Exhibit)Attorney Stephen T. Perkins added to party CMR Construction & Roofing, LLC(pty:dft).(Perkins, Stephen) |
| Filing 12 SUMMONS Returned Executed; CMR Construction & Roofing, LLC served on 3/8/2022, answer due 3/29/2022. (Gasperecz, Albert) |
| Filing 11 SUMMONS Returned Executed; Alpha Gamma Zeta Foundation served on 3/8/2022, answer due 3/29/2022. (Gasperecz, Albert) |
| Filing 10 SUMMONS Returned Executed; Theta Beta Sigma Programs and Housing Foundation served on 3/8/2022, answer due 3/29/2022. (Gasperecz, Albert) |
| Filing 9 DEFICIENT: WAIVER OF SERVICE Returned Executed; waiver sent to Alpha Gamma Zeta Foundation on 1/28/2022, answer due 3/29/2022. (Gasperecz, Albert) Modified text on 3/11/2022 (lw). |
| Filing 8 DEFICIENT: WAIVER OF SERVICE Returned Executed; waiver sent to Theta Beta Sigma Programs and Housing Foundation on 1/28/2022, answer due 3/29/2022. (Gasperecz, Albert) Modified text on 3/11/2022 (lw). |
| Filing 7 WAIVER OF SERVICE Returned Executed; waiver sent to Home Bank, N.A. on 2/3/2022, answer due 4/4/2022. (Gasperecz, Albert) |
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Filing 6
ORDER GRANTING #3 Motion for Interpleader Deposit (28 U.S.C. Section 1335). IT IS ORDERED that plaintiff and stakeholder, Hudson Excess Insurance Company, is permitted to deposit the sum of ONE-HUNDRED THIRTY THOUSAND AND NO/100 ($130,000.00) DOLLARS into the registry of the Court. Signed by Judge Sarah S. Vance on 2/2/2022. (NEF:Financial Unit) (pp)
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| Filing 5 Summons Issued as to Alpha Gamma Zeta Foundation, CMR Construction & Roofing, LLC, Home Bank, N.A., Theta Beta Sigma Programs and Housing Foundation. (Attachments: #1 Summons, #2 Summons, #3 Summons)(lw) |
| Filing 4 Initial Case Assignment to Judge Sarah S. Vance and Magistrate Judge Donna Phillips Currault. (ess) |
| Filing 3 EXPARTE/CONSENT MOTION for Interpleader Deposit (28 U.S.C. Section 1335) by Hudson Excess Insurance Company. (Attachments: #1 Proposed Order)(Gasperecz, Albert) |
| Filing 2 Statement of Corporate Disclosure by Hudson Excess Insurance Company identifying Corporate Parent Odyssey Group Holdings, Inc., Corporate Parent Hudson Insurance Company, Corporate Parent Fairfax Financial Holdings Limited, Corporate Parent Odyssey Reinsurance Company for Hudson Excess Insurance Company (Gasperecz, Albert) |
| Filing 1 COMPLAINT against Alpha Gamma Zeta Foundation, CMR Construction & Roofing, LLC, Home Bank, N.A., Theta Beta Sigma Programs and Housing Foundation (Filing fee $ 402 receipt number ALAEDC-9201331) filed by Hudson Excess Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Summons The Theta Beta Sigma Programs and Housing Foundation, #3 Summons Alpha Gamma Zeta Foundation (Phi Beta Sorority, Inc.), #4 Summons CMR Construction & Roofing, LLC, #5 Summons Home Bank, N.A.)Attorney Albert Kirk Gasperecz added to party Hudson Excess Insurance Company(pty:intplp).(Gasperecz, Albert) Modified text on 1/28/2022 (lw). |
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