Ports America Gulfport Inc. v. Johnson
| Ports America Gulfport Inc. and Ports America Gulfport, Inc. |
| Rachel Johnson |
| Jeanne Gethers Ehlers and Lisa Gethers Armour |
| 2:2022cv00455 |
| February 22, 2022 |
| US District Court for the Eastern District of Louisiana |
| Janis van Meerveld |
| Sarah S Vance |
| Civil Rights: Other |
| 28 U.S.C. § 2283 Injunctive Relief |
| None |
Docket Report
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This docket was last retrieved on January 3, 2023. A more recent docket listing may be available from PACER.
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Filing 51
RESPONSE/MEMORANDUM in Opposition filed by Ports America Gulfport, Inc. re #49 MOTION for Sanctions. (Attachments: #1 Exhibit MSJ Writ Application)(McDonald, Jeffrey)
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Filing 50
JUDGMENT: IT IS ORDERED ADJUDGED AND DECREED that plaintiff's complaint is DISMISSED WITH PREJUDICE. Signed by Judge Sarah S. Vance on 3/23/2022.(mm)
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Filing 49
MOTION for Sanctions by Rachel Johnson. Motion(s) will be submitted on 4/20/2022. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Hand Delivery Receipt, #3 Exhibit B- Email Transmittal, #4 Notice of Submission)(Dunaway, Rachel)
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Filing 48
ORDER AND REASONS. Plaintiffs complaint is hereby DISMISSED as set forth in document. Signed by Judge Sarah S. Vance on 3/17/2022.(lw)
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Filing 47
RESPONSE/MEMORANDUM in Support filed by Rachel Johnson re #30 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim and in Compliance with R.Doc. 32. (Dunaway, Rachel)
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Filing 46
Supplemental Memorandum filed by Ports America Gulfport, Inc. in Opposition of #30 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim, #21 MOTION to Dismiss Pursuant to Rule 12(b)(1) and 12(b)(6). (mm)
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Filing 45
ORDER granting #44 Motion for Leave to File Supplemental Memorandum in Opposition. Signed by Judge Sarah S. Vance on 3/16/2022. (mm)
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Filing 44
EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum in Opposition to all Rule 12 Motions by Ports America Gulfport, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(McDonald, Jeffrey)
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Filing 43
EXPARTE/CONSENT MOTION to Dismiss Claims Related to Ongoing State Litigation by Ports America Gulfport, Inc. (Attachments: #1 Proposed Order)(McDonald, Jeffrey)
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Filing 42
ORDER: IT IS ORDERED that Intervenor-Defendants' #36 Motion to Set a Preliminary Injunction Bond is DENIED as MOOT. Signed by Judge Sarah S. Vance on 3/11/2022. (pp)
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Filing 41
REPLY in Support of re #3 MOTION for Preliminary Injunction and/or Permanent Injunction filed by Ports America Gulfport, Inc. (pp)
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Filing 40
ORDER GRANTING #35 Motion for Leave to File Reply Memorandum in Support of Motion for Preliminary Injunction. Signed by Judge Sarah S. Vance on 3/11/2022. (pp)
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Filing 39
ORDER AND REASONS: The Court DENIES plaintiff's #3 motion for a preliminary injunction. Signed by Judge Sarah S. Vance on 3/11/2022. (pp)
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Filing 38
RESPONSE/MEMORANDUM in Opposition filed by Ports America Gulfport, Inc. re #36 MOTION for Bond Intervenors' Motion to Set Preliminary Injunction Bond/Security . (McDonald, Jeffrey)
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Filing 37
Correction of Docket Entry by Clerk re #34 Response/Memorandum in Opposition to Motion. Attachment has duplicate description. For attachment, select either a category OR enter a description, but not both since this results in duplicate text. Clerk took corrective action. (lw)
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Filing 36
MOTION for Bond Intervenors' Motion to Set Preliminary Injunction Bond/Security by Lisa Gethers Armour, Jeanne Gethers Ehlers. Motion(s) will be submitted on 4/6/2022. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Cannella, David)
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Filing 35
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Preliminary Injunction by Ports America Gulfport, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(McDonald, Jeffrey)
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Filing 34
RESPONSE/MEMORANDUM in Opposition filed by Ports America Gulfport, Inc. re #30 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim . (Attachments: #1 Affidavit of Service, #2 Exhibit Summons Returned Executed 3/10/22, #3 Exhibit State Court Recusal Order)(McDonald, Jeffrey) Modified text on 3/11/2022 (lw).
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Filing 33
SUMMONS Returned Executed; Rachel Johnson served on 3/10/2022, answer due 3/31/2022. (McDonald, Jeffrey)
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Filing 32
BRIEFING ORDER re #30 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim. IT IS HEREBY ORDERED that plaintiff shall file its opposition, if any, to Judge Johnson's #30 motion to dismiss, by no later than Tuesday, March 15, 2022, at 5:00 p.m. Judge Johnson shall file her reply, if any, by Wednesday, March 16, 2022, at 5:00 p.m., at which time the motion will be deemed submitted without oral argument. Signed by Judge Sarah S. Vance on 3/10/2022.(mm)
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Filing 31
RESPONSE/MEMORANDUM in Opposition filed by Rachel Johnson re #3 MOTION for Preliminary Injunction and/or Permanent Injunction. (Attachments: #1 Exhibit A - Notice of Intent)(Dunaway, Rachel)
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Filing 30
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Rachel Johnson. Motion(s) will be submitted on 4/6/2022. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Notice of Intent, #3 Notice of Submission)Attorney Rachel Phaedra Dunaway added to party Rachel Johnson(pty:dft).(Dunaway, Rachel)
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Filing 29
RESPONSE/MEMORANDUM in Opposition filed by Ports America Gulfport, Inc. re #21 MOTION to Dismiss Pursuant to Rule 12(b)(1) and 12(b)(6) . (McDonald, Jeffrey)
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Filing 28
SUPPLEMENTAL MEMORANDUM in Support of re #3 MOTION for Preliminary Injunction and/or Permanent Injunction filed by Ports America Gulfport, Inc. (pp)
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Filing 27
ORDER GRANTING #26 Motion for Leave to File Supplemental Memorandum in Support of Motion for Preliminary Injunction. Signed by Judge Sarah S. Vance on 3/8/2022. (pp)
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Filing 26
EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum in Support of Preliminary Injunction by Ports America Gulfport, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(McDonald, Jeffrey)
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Filing 25
AMENDED COMPLAINT for Preliminary and Permanent Injunctive and Declaratory Relief against Rachel Johnson filed by Ports America Gulfport, Inc.(pp)
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Filing 24
ORDER GRANTING #23 Motion for Leave to File Amended Complaint. Signed by Judge Sarah S. Vance on 3/8/2022. (pp)
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Filing 23
EXPARTE/CONSENT MOTION for Leave to File Amended Complaint by Ports America Gulfport, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(McDonald, Jeffrey)
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Filing 22
ORDER re #21 MOTION to Dismiss Pursuant to Rule 12(b)(1) and 12(b)(6). IT IS HEREBY ORDERED that plaintiff Ports America Gulfport, Inc. shall file its opposition, if any, to intervenor-defendants' #21 motion to dismiss, by no later than Tuesday, March 15, 2022, at 5:00 p.m. Movants shall file their reply, if any, by Wednesday, March 16, 2022, at 5:00 p.m., at which time the motion will be deemed submitted without oral argument. Signed by Judge Sarah S. Vance on 3/7/2022.(mm)
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Filing 21
MOTION to Dismiss Pursuant to Rule 12(b)(1) and 12(b)(6) by Lisa Gethers Armour and Jeanne Gethers Ehlers. Motion(s) will be submitted on 3/16/2022. (Attachments: #1 Notice of Submission)(ajn) Modified submission date on 3/7/2022 (mm). (Additional attachment(s) added on 3/8/2022: (2) Memorandum in Support) (ajn). Modified on 3/8/2022 (ajn).
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Filing 20
ORDER AND REASONS: Granting #17 Motion to Intervene and Gethers' Motion to Dismiss shall be filed into the record. The District Court shall be notified, and a briefing schedule will be forthcoming. Signed by Magistrate Judge Janis van Meerveld on 3/4/2022. (NEF: Judge Vance) (ajn)
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Filing 19
RESPONSE/MEMORANDUM in Opposition filed by Ports America Gulfport, Inc. re #17 MOTION for Leave to File MOTION to Intervene Motion and Notice for Intervention . (Attachments: #1 Exhibit Ehlers hearing transcript, #2 Exhibit Defense counsel's proposed pleadings, in globo)(McDonald, Jeffrey)
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Filing 18
Correction of Docket Entry by Clerk re #16 MOTION for Leave to File MOTION to Intervene Motion and Notice for Intervention. This is a duplicate filing of document 17 and will be noted as such. No further action is necessary. (lw)
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Filing 17
MOTION for Leave to File , MOTION to Intervene Motion and Notice for Intervention by Lisa Armour, Jeanne Gethers Ehlers. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 3/23/2022. (Attachments: #1 Proposed Pleading Exhibit 1, Motion to Dismiss, #2 Proposed Pleading Exhibit 2, Memorandum in Support of Motion to Dismiss, #3 Notice of Submission, #4 Memorandum in Support, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Notice of Submission, #10 Proposed Order)(Cannella, David) Modified text on 2/28/2022 (lw).
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Filing 16
DUPLICATE: MOTION for Leave to File , MOTION to Intervene Motion and Notice for Intervention by Jeanne Gethers Ehlers, Lisa Armour. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 3/16/2022. (Attachments: #1 Proposed Pleading Exhibit 1, Motion to Dismiss, #2 Proposed Pleading Exhibit 2, Memorandum in Support of Motion to Dismiss, #3 Memorandum in Support, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Notice of Submission, #9 Proposed Order)Attorney David Ryan Cannella added to party Jeanne Gethers Ehlers(pty:intvd), Attorney David Ryan Cannella added to party Lisa Armour(pty:intvd).(Cannella, David) Modified text on 2/28/2022 (lw).
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Filing 15
RESPONSE/MEMORANDUM in Opposition filed by Ports America Gulfport, Inc. re #14 MOTION for Leave to File MOTION to Intervene Motion and Notice for Intervention . (Attachments: #1 Exhibit correspondence, notice of filing, #2 Exhibit Ehlers hearing transcript LHWCA preemption MSJ)(McDonald, Jeffrey)
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Filing 14
DEFICIENT: EXPARTE/CONSENT MOTION for Leave to File , MOTION to Intervene Motion and Notice for Intervention by Jeanne Gethers Ehlers, Lisa Gethers Armour. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Pleading Exhibit 1, Motion to Dismiss, #2 Proposed Pleading Exhibit 2, Memorandum in Support of Motion to Dismiss, #3 Proposed Order)Attorney David Ryan Cannella added to party Jeanne Gethers Ehlers(pty:selreq), Attorney David Ryan Cannella added to party Lisa Gethers Armour(pty:selreq).(Cannella, David) Modified text on 2/25/2022 (lw).
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Filing 13
Memorandum filed by Ports America Gulfport Inc. in Support of #3 MOTION for Preliminary Injunction and/or Permanent Injunction. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(mm)
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Filing 12
ORDER granting #11 Motion for Leave to File Memorandum in Support. Signed by Judge Sarah S. Vance on 2/24/2022. (mm)
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Filing 11
EXPARTE/CONSENT MOTION for Leave to File Memorandum in Support of Motion for Preliminary Injunction (Rec. Doc. 3) by Ports America Gulfport Inc. (Attachments: #1 Proposed Pleading, #2 Proposed Order, #3 Exhibit Ehlers state court Petition, #4 Exhibit state court Judgment in Henry Pete, #5 Exhibit pending state court Petitions, #6 Exhibit Ehlers Notice of Trial)(McDonald, Jeffrey) Modified text on 2/23/2022 (lw).
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Filing 10
Correction of Docket Entry by Clerk re #9 MOTION for Leave to File Memorandum in Support of Motion. **Motion lists counsel of record, Darren M. Guillot, that is not an active attorney in our database. Attorney must be removed from the signature line until this is taken care of.** (mm)
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Filing 9
DEFICIENT: EXPARTE/CONSENT MOTION for Leave to File Memorandum in Support of Motion for Preliminary Injunction (Rec. Doc. 3) by Ports America Gulfport Inc. (Attachments: #1 Proposed Order, #2 Exhibit Ehlers state court Petition, #3 Exhibit Judgment in Pete state court suit, #4 Exhibit Pending state court Petitions, in globo, #5 Exhibit Ehlers Notice of Trial)(McDonald, Jeffrey) Modified text on 2/23/2022 (mm).
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Filing 8
ORDER: IT IS HEREBY ORDERED that defendant Judge Rachel Johnson of the Civil District Court for the Parish of Orleans file a response to the #3 preliminary-injunction motion by no later than Wednesday, March 9, 2022, at 12:00 p.m. The motion will be decided on the briefs. Signed by Judge Sarah S. Vance on 2/23/2022.(mm)
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Filing 7
SUMMONS Returned Executed; Rachel Johnson served on 2/22/2022, answer due 3/15/2022. (McDonald, Jeffrey)
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Filing 6
Correction of Docket Entry by Clerk re #3 MOTION for Preliminary Injunction and/or Permanent Injunction. Filing attorney should have selected Yes at the question Is this an Exparte/Consent Motion Y/N? Exparte/Consent Motions are not set for submission. Clerk modified docket text to reflect Exparte and remove submission date. Also, the attachment for the proposed order was submitted twice in one document. Clerk has removed the duplicate page. No further action is necessary. (lw)
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Filing 5
Summons Issued as to Rachel Johnson. (lw)
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Filing 4
Correction of Docket Entry by Clerk re #1 Complaint. Filing attorney did not properly format the pdf of the Summons. The pdf should have been flattened. When using a FORM, fill in the applicable fields then click PRINT to adobe pdf to flatten the document to pdf format. Clerk has taken corrective action. (lw)
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Filing 3
EXPARTE/CONSENT MOTION for Preliminary Injunction and/or Permanent Injunction by Ports America Gulfport Inc. (Attachments: #1 Proposed Order, #2 Notice of Submission)(McDonald, Jeffrey) (Attachment 1 replaced on 2/22/2022) (lw). Modified text on 2/22/2022 (lw).
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Filing 2
Initial Case Assignment to Judge Sarah S. Vance and Magistrate Judge Janis van Meerveld. (cc)
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Filing 1
COMPLAINT against Rachel Johnson (Filing fee $ 402 receipt number ALAEDC-9242888) filed by Ports America Gulfport Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summons)Attorney Jeffrey E. McDonald added to party Ports America Gulfport Inc.(pty:pla).(McDonald, Jeffrey) (Attachment 2 replaced on 2/22/2022) (lw).
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