Robichaux v. Huntington Ingalls Incorporated et al
| Felton Robichaux and Felton Adam Robichaux |
| Maryland Casualty Insurance Company, Sentry Insurance Company, Employers Insurance Company of Wassau, Viacom CBS, Inc., 3M Company, Metropolitan Life Insurance Company, Imo Industries, Inc., Employers Insurance Company of Wausau, Northrup Grumman Shipbuilding, Inc., Northrup Grumman Ship Systems, Inc., Avondale Industries, Inc., Avondale Shipyards, Inc, Avondale Marine Ways, Inc., Eagle Asbestos & Packing Co., Inc., Hopeman Brothers Inc, Employers Mutual Liability Insurance Company of Wisconsin, Viacom Inc, Westinghouse Credit Corporation, Maryland Casualty Company and Foster Wheeler LLC |
| Huntington Ingalls Incorporated |
| Eagle, Inc., Union Carbide Corporation, Taylor-Seidenbach, Inc., Foster Wheeler Energy Corporation, General Electric Company, Hopeman Brothers, Inc., Liberty Mutual Insurance Company, Uniroyal, Inc., Bayer CropScience, Inc. and Zurich American Insurance Company |
| International Paper Company, The Manville Personal Injury Settlement Trust, Manville Personal Injury Trust and IMO Industries Inc |
| 2:2022cv00610 |
| March 10, 2022 |
| US District Court for the Eastern District of Louisiana |
| Susie Morgan |
| Michael North |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 Petition for Removal- Asbestos Litigation |
| Defendant |
Docket Report
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Filing 49
NOTICE: Because R. Docs. #43 and #47 contain more than 50 pages, counsel shall deliver to chambers within 3 working days one hard copy of each submission in separate binders as set forth in notice. Signed by Clerk.(bwn)
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Filing 48
ORDER GRANTING #45 Motion for Leave to File Exhibits Under Seal. Signed by Judge Susie Morgan on 5/4/2022. (pp)
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Filing 47
RESPONSE/MEMORANDUM in Opposition to re #29 MOTION for Summary Judgment Plaintiff's Rule 56 Motion Regarding Avondale Shipyard's Government Immunity Defenses filed by Huntington Ingalls Incorporated. (Attachments: #1 Statement of Contested/Uncontested Facts, #2 Statement of Contested/Uncontested Facts, #3 Exhibit A, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L)(pp) (Additional attachment(s) added on 5/4/2022: #12 Sealed Exhibit B, #13 Sealed Exhibit C, #14 Sealed Exhibit D) (pp).
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Filing 46
ORDER GRANTING #44 Motion for Leave to File Excess Pages. Huntington's Opposition to Plaintiff's #29 Motion for Summary Judgment shall be filed in the record. Signed by Judge Susie Morgan on 5/4/2022. (pp) (Main Document 46 replaced on 5/4/2022 to correct typo) (tsf).
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Filing 45
EXPARTE/CONSENT MOTION for Leave to File Exhibits B, C, and D under seal to its Opposition to Plaintiffs Rule 56 Motion Regarding Avondales Shipyards Government Immunity Defenses, Alternative Request for Rule 56(d) relief by Huntington Ingalls Incorporated. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Melancon, David) (Additional attachment(s) added on 5/4/2022: #3 Proposed Sealed Exhibit B, #4 Proposed Sealed Exhibit C, #5 Proposed Sealed Exhibit D) (pp).
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Filing 44
EXPARTE/CONSENT MOTION for Leave to File Excess Pages to its Memorandum in Opposition to the Plaintiffs Rule 56 Motion Regarding Avondales Shipyards Government Immunity Defenses, Alternative Request Rule 56(d) Relief by Huntington Ingalls Incorporated. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Statement, #4 Statement, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K, #16 Exhibit L)(Melancon, David)
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Filing 43
RESPONSE/MEMORANDUM in Opposition to re #27 MOTION to Remand to State Court filed by Huntington Ingalls Incorporated . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G - PART 1, #8 Exhibit G - PART 2, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V)(Melancon, David) Modified text on 5/4/2022 (pp).
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Filing 42
ANSWER to #3 Third Party Complaint,and Crossclaim of Huntington Ingalls Incorporated by Taylor-Seidenbach, Inc.Attorney Christopher Kelly Lightfoot added to party Taylor-Seidenbach, Inc.(pty:crd).(Lightfoot, Christopher) Modified text on 5/2/2022 (pp).
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Filing 41
ORDER GRANTING #40 Motion to Dismiss Party. IT IS ORDERED that Metropolitan Life Insurance Company is hereby dismissed, without prejudice, in the above captioned matter with each party to bear their own costs. Signed by Judge Susie Morgan on 4/28/2022. (pp)
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Filing 40
EXPARTE/CONSENT Joint MOTION to Dismiss Party Metropolitan Life Insurance Company Without Prejudice by Metropolitan Life Insurance Company, and Plaintiff, Felton Adam Robichaux. (Attachments: #1 Proposed Order)(Jalenak, Jay) Modified text on 4/28/2022 (pp).
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Filing 39
Correction of Docket Entry by Clerk re #38 MOTION to Dismiss Party Employers Insurance Company of Wausau and Liberty Mutual Insurance Company or Stay.** Filing attorney selected incorrect submission date. Correct date is 5/11/2022. Clerk took corrective action. No further action necessary.** (pp)
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Filing 38
MOTION to Dismiss Party Employers Insurance Company of Wausau and Liberty Mutual Insurance Company or Stay by Employers Insurance Company of Wausau, Liberty Mutual Insurance Company. Motion(s) will be submitted on 5/11/2022. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Roth, Katherine) Modified text on 4/21/2022 (pp).
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Filing 37
Statement of Corporate Disclosure by International Paper Company, International Paper Company (Penn, Elizabeth)
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Filing 36
ANSWER to #3 Third Party Complaint by International Paper Company, International Paper Company.Attorney Elizabeth Riddell Penn added to party International Paper Company(pty:3pd), Attorney Elizabeth Riddell Penn added to party International Paper Company(pty:dft).(Penn, Elizabeth) Modified text on 4/21/2022 (pp).
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Filing 35
ORDER GRANTING #33 MOTION to Continue submission date. IT IS ORDERED that Plaintiff's #27 motion to remand is HEREBY RESET FOR SUBMISSION on Wednesday, 5/11/2022. Plaintiff's #29 motion for summary judgment is HEREBY RESET FOR SUBMISSION on Wednesday, 5/11/2022. Huntington Ingalls #34 motion to expedite is HEREBY DENIED AS MOOT. Signed by Judge Susie Morgan on 4/13/2022.(pp)
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Filing 34
EXPARTE/CONSENT MOTION to Expedite submission of Avondales Motion to Continue Submission Date on Plaintiffs Motion to Remand (R. Doc 27) and Plaintiffs Motion for Summary Judgment (R. Doc 29) by Huntington Ingalls Incorporated. (Attachments: #1 Proposed Order)(Melancon, David)
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Filing 33
MOTION to Continue submission date on Plaintiffs Motion to Remand (R. Doc. 27), and Plaintiffs Motion for Summary Judgment Regarding Avondales Government Immunity Defenses (R. Doc. 29) by Huntington Ingalls Incorporated. Motion(s) will be submitted on 4/27/2022. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)(Melancon, David)
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Filing 32
NOTICE: Because R. Docs. #27 and #29 contain more than 50 pages, counsel shall deliver to chambers within 3 working days one hard copy of each submission in separate binders as set forth in notice. Signed by Clerk.(bwn)
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Filing 31
ORDER: IT IS ORDERED that Plaintiff Felton Adam Robichau's #28 request for oral argument on his #27 motion to remand is DENIED. IT IS FURTHER ORDERED that Plaintiff Felton Adam Robichaux's #30 request for oral argument on his #29 motion for summary judgment is DENIED. Signed by Judge Susie Morgan on 4/12/2022.(pp)
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Filing 30
Request/Statement of Oral Argument regarding #29 MOTION for Summary Judgment Plaintiff's Rule 56 Motion Regarding Avondale Shipyard's Government Immunity Defenses by Felton Adam Robichaux . (Cannella, David) Modified text on 4/12/2022 (pp).
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Filing 29
MOTION for Summary Judgment Plaintiff's Rule 56 Motion Regarding Avondale Shipyard's Government Immunity Defenses by Felton Adam Robichaux. Motion(s) will be submitted on 4/27/2022. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Proposed Order, #10 Notice of Submission)(Cannella, David)
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Filing 28
Request/Statement of Oral Argument regarding #27 MOTION to Remand to State Court by Felton Adam Robichaux. (Cannella, David) Modified text on 4/12/2022 (pp).
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Filing 27
MOTION to Remand to State Court by Felton Adam Robichaux. Motion(s) will be submitted on 4/27/2022. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Notice of Submission, #6 Proposed Order)(Cannella, David)
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Filing 26
Statement of Corporate Disclosure by Liberty Mutual Insurance Company identifying Corporate Parent Liberty Mutual Group, Inc., Corporate Parent Liberty Mutual Holding Company, Inc., Corporate Parent LMHC Massachusetts Holding, Inc. for Liberty Mutual Insurance Company (Roth, Katherine)
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Filing 25
ANSWER to #1 Notice of Removal, and #3 Crossclaim by Union Carbide Corporation.Attorney David M. Stein added to party Union Carbide Corporation(pty:dft), Attorney David M. Stein added to party Union Carbide Corporation(pty:crd).(Stein, David) Modified text on 4/7/2022 (pp).
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Filing 24
NOTICE: Because R. Doc. #22 contains more than 50 pages, counsel shall deliver to chambers within 3 working days one hard copy of the submission in a binder as set forth in notice. Signed by Clerk.(bwn)
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Filing 23
Statement of Corporate Disclosure by Employers Insurance Company of Wausau identifying Corporate Parent Liberty Mutual Holding Company Inc., Corporate Parent Liberty Mutual Group Inc. for Employers Insurance Company of Wausau (Pisano, Charles)
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Filing 22
MOTION to Dismiss or Stay by Employers Insurance Company of Wausau, Liberty Mutual Insurance Company. Motion(s) will be submitted on 4/27/2022. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Notice of Submission)(Pisano, Charles) Modified on 4/4/2022 (pp).
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Filing 21
ORDER granting #19 Motion to Dismiss Party. The claims of Plaintiff, Felton Adam Robichaux, brought against Defendant, General Electric Company, are hereby dismissed without prejudice. Signed by Judge Susie Morgan on 03/31/2022. (ko)
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Filing 20
ORDER granting #18 Motion to Dismiss Party. The claims of Plaintiff, Felton Adam Robichaux, brought against Defendant, Viacom CBS, Inc., are hereby dismissed without prejudice. Signed by Judge Susie Morgan on 03/31/2022. (ko)
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Filing 19
EXPARTE/CONSENT Joint MOTION to Dismiss Party General Electric Company without prejudice by General Electric Company, Felton Adam Robichaux. (Attachments: #1 Proposed Order)(Bowlin, Angela) Modified text/filers on 3/31/2022 (cwa).
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Filing 18
EXPARTE/CONSENT Joint MOTION to Dismiss Party ViacomCBS Inc. without prejudice by Viacom CBS, Inc., Felton Adam Robichaux. (Attachments: #1 Proposed Order)(Bowlin, Angela) Modified text/filers on 3/31/2022 (cwa).
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Filing 17
ANSWER to #1 Notice of Removal, by Liberty Mutual Insurance Company.Attorney Mathilde Villere Semmes added to party Liberty Mutual Insurance Company(pty:dft).(Semmes, Mathilde)
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Filing 16
Notice of Compliance re #1 Notice of Removal by Huntington Ingalls Incorporated . (Attachments: #1 Exhibit A)(Melancon, David) Modified text on 3/28/2022 (pp).
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Filing 15
ANSWER to #1 Notice of Removal, by Bayer CropScience, Inc..Attorney David M. Stein added to party Bayer CropScience, Inc.(pty:dft), Attorney David M. Stein added to party Bayer CropScience, Inc.(pty:crd).(Stein, David)
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Filing 14
Correction of Docket Entry by Clerk re #13 Answer to Complaint.** Document should have been linked 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 13 to document 1. No further action necessary.** (pp)
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Filing 13
ANSWER to #1 Petition for Damages by Taylor-Seidenbach, Inc..Attorney Christopher Kelly Lightfoot added to party Taylor-Seidenbach, Inc.(pty:dft).(Lightfoot, Christopher) Modified link/text on 3/21/2022 (pp).
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Filing 12
Statement of Corporate Disclosure by Taylor-Seidenbach, Inc. (Lightfoot, Christopher)
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Filing 11
Correction of Docket Entry by Clerk re #9 Answer to Complaint. ** Document should have been linked 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 9 to document 1. No further action necessary.** (pp)
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Filing 10
Statement of Corporate Disclosure by Metropolitan Life Insurance Company identifying Corporate Parent MetLife, Inc. for Metropolitan Life Insurance Company. (Jalenak, Jay) Modified text on 3/16/2022 (pp).
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Filing 9
ANSWER to #1 Complaint by Metropolitan Life Insurance Company.Attorney Jay Morton Jalenak, Jr added to party Metropolitan Life Insurance Company(pty:dft).(Jalenak, Jay) Modified link/text on 3/16/2022 (pp).
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Filing 8
Statement of Corporate Disclosure by Huntington Ingalls Incorporated identifying Corporate Parent Huntington Ingalls Industries, Inc. for Huntington Ingalls Incorporated (Melancon, David)
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Filing 7
TEXT ORDER (No PDF Document Attached) Pursuant to F.R.C.P. 7.1, nongovernmental corporate parties must file a disclosure statement with their first appearance, pleading, petition, motion, response, or other request addressed to the court. IT IS ORDERED that any nongovernmental corporate parties in this matter file the required disclosure statement within seven (7) days of this order. Signed by Judge Susie Morgan.(bwn)
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Filing 6
Summons Issued as to Bayer CropScience, Inc., Eagle, Inc., Employers Insurance Company of Wassau, Foster Wheeler Energy Corporation, General Electric Company, Hopeman Brothers, Inc., Imo Industries, Inc., International Paper Company, Liberty Mutual Insurance Company, Manville Personal Injury Trust, Maryland Casualty Insurance Company, Sentry Insurance Company, Taylor-Seidenbach, Inc., Uniroyal, Inc., Viacom CBS, Inc., Zurich American Insurance Company. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons, #15 Summons, #16 Summons, #17 Summons)(pp)
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Filing 5
Directive of the Clerk regarding compliance with 28:1447(b)re #1 Notice of Removal.(pp)
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Filing 4
Request of Summons Issued as to Bayer CropScience, Inc., Employers Insurance Company of Wassau, Foster Wheeler Energy Corporation, General Electric Company, Hopeman Brothers, Inc., Imo Industries, Inc., International Paper Company, Liberty Mutual Insurance Company, Maryland Casualty Insurance Company, Sentry Insurance Company, Taylor-Seidenbach, Inc., The Manville Personal Injury Settlement Trust, Union Carbide Corporation, Uniroyal, Inc., Viacom CBS, Inc. filed by Huntington Ingalls Incorporated re #3 Answer to Complaint - Notice of Removal,,, Third Party Complaint,,, Crossclaim,,. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons, #15 Summons, #16 Summons, #17 Summons)(Melancon, David)
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Filing 3
ANSWER to #1 Notice of Removal, with Jury Demand , THIRD PARTY COMPLAINT with Jury Demand against International Paper Company, Imo Industries, Inc., The Manville Personal Injury Settlement Trust, CROSSCLAIM with Jury Demand against Bayer CropScience, Inc., Eagle, Inc., Employers Insurance Company of Wassau, Foster Wheeler Energy Corporation, General Electric Company, Hopeman Brothers, Inc., Liberty Mutual Insurance Company, Maryland Casualty Insurance Company, Sentry Insurance Company, Taylor-Seidenbach, Inc., Union Carbide Corporation, Uniroyal, Inc., Viacom CBS, Inc. by Huntington Ingalls Incorporated.(Melancon, David)
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Filing 2
Initial Case Assignment to Judge Susie Morgan and Magistrate Judge Michael North. (ess)
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Filing 1
NOTICE OF REMOVAL from Civil District Court, Parish of Orleans, case number 2022-768 (Credit Card not accepted or unavailable - payment of filing fee due within 2 business days) filed by Huntington Ingalls Incorporated. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)Attorney David Michael Melancon added to party Huntington Ingalls Incorporated(pty:dft).(Melancon, David)
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(Filing fee $ 402 receipt number LAE071909) (aj)
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