Patriot Services Group Louisiana, Inc. v. Luxor Contracting Group Inc.
| Patriot Services Group Louisiana, Inc. |
| Luxor Contracting Group Inc. and Luxor Building Group, LLC |
| 2:2022cv01025 |
| April 15, 2022 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Dana Douglas |
| Jay C Zainey |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 13, 2022. A more recent docket listing may be available from PACER.
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| Filing 57 THIRD AMENDED COMPLAINT against Luxor Building Group, LLC, Luxor Contracting Group Inc. filed by Patriot Services Group Louisiana, Inc. (Attachments: #1 Exhibit A)(ajn) |
Filing 56
ORDER Granting #53 Motion for Leave to File Third Amended Complaint. Signed by Judge Jay C. Zainey on 6/10/2022. (ajn)
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Filing 55
ORDER granting #51 Motion to Appear Pro Hac Vice as to Alyssa Castelli. Signed by Judge Jay C. Zainey on 6/9/2022. (Attachments: #1 Notice to Visiting Attorneys) (ajn)
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Filing 54
ORDER Granting #50 Motion to Appear Pro Hac Vice as to Jesse Ian Unruh. Signed by Judge Jay C. Zainey on 6/9/2022. (Attachments: #1 Notice to Visiting Attorneys) (ajn)
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| Filing 53 EXPARTE/CONSENT MOTION for Leave to File Third Amended Complaint by Patriot Services Group Louisiana, Inc.. (Attachments: #1 Proposed Order, #2 Exhibit 1 - Third Amended Complaint)(McDiarmid, Joshua) |
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Filing 52
ORDER Granting #48 Motion to Enroll as Counsel of Record, Attorney's Christopher K. LeMieux and Jonathan S. Forester for Luxor Building Group, LLC and Luxor Contracting Group Inc. Signed by Judge Jay C. Zainey on 6/8/2022. (ajn)
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| Filing 51 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-9393103) by Luxor Building Group, LLC, Luxor Contracting Group Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(LeMieux, Christopher) |
| Filing 50 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-9392987) by Luxor Building Group, LLC, Luxor Contracting Group Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(LeMieux, Christopher) |
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Filing 49
ORDER: IT IS ORDERED that the deadline for Defendants to comply with the Local Rules by filing motions for admission pro hac vice and by enrolling local counsel is extended to Friday, 6/10/2022. Signed by Judge Jay C. Zainey on 6/6/2022.(ajn)
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| Filing 48 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Luxor Building Group, LLC, Luxor Contracting Group Inc.. (Attachments: #1 Proposed Order)(LeMieux, Christopher) |
| Filing 47 **DEFICIENT** NOTICE of Appearance by Christopher K. LeMieux on behalf of Luxor Building Group, LLC, Luxor Contracting Group Inc.. Attorney Christopher K. LeMieux added to party Luxor Building Group, LLC(pty:dft), Attorney Christopher K. LeMieux added to party Luxor Contracting Group Inc.(pty:dft).(LeMieux, Christopher) Modified on 6/7/2022 (ajn). |
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Filing 46
ORDER: That the deadline for Defendants to comply with the Local Rules by filing motions for admission pro hac vice and by enrolling local counsel is extended to Monday, 6/6/2022.Signed by Judge Jay C. Zainey on 5/20/2022.(my)
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Filing 45
ORDER: IT IS ORDERED that by Friday, 5/20/2022, counsel for the Defendants must comply with the Local Rules as explained herein. Failure to do so may result in counsel for the defendants being removed from the case. Signed by Judge Jay C. Zainey on 5/13/2022.(ajn)
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Filing 44
ORDER granting #42 Motion to Appear Pro Hac Vice as to Travis S. McConnell. Signed by Judge Jay C. Zainey on 5/11/2022. (Attachments: #1 Notice to Visiting Attorneys) (blg)
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Filing 43
ORDER granting #41 Motion to Appear Pro Hac Vice as to Adam B. Edgecombe. Signed by Judge Jay C. Zainey on 5/11/2022. (Attachments: #1 Notice to Visiting Attorneys) (blg)
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| Filing 42 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Travis S. McConnell (Fee previously paid) by Patriot Services Group Louisiana, Inc.. (Attachments: #1 Exhibit - Certificate of Good Standing, #2 Affidavit - Travis McConnell, #3 Exhibit - Consent of Electronic Filing, #4 Proposed Order)(McDiarmid, Joshua) |
| Filing 41 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Adam B. Edgecombe (Fee previously paid) by Patriot Services Group Louisiana, Inc.. (Attachments: #1 Exhibit - Certificate of Good Standing, #2 Affidavit - Adam Edgecombe, #3 Exhibit - Consent of Electronic Filing, #4 Proposed Order)(McDiarmid, Joshua) |
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Filing 40
ORDER Granting #37 Motion to Enroll as Counsel of Record for Attorney's Joshua G. McDiarmid and Victor John Franckiewicz, Jr. for Patriot Services Group Louisiana, Inc. Signed by Judge Jay C. Zainey on 5/3/2022. (ajn)
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| Filing 39 **DEFICIENT**EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-9340764) by Patriot Services Group Louisiana, Inc.. (Attachments: #1 Exhibit - Certificate of Good Standing, #2 Affidavit - Travis McConnell, #3 Exhibit - Consent of Electronic Filing, #4 Proposed Order)(McDiarmid, Joshua) Modified on 5/3/2022 (ajn). |
| Filing 38 **DEFICIENT**EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-9340763) by Patriot Services Group Louisiana, Inc. (Attachments: #1 Exhibit - Certificate of Good Standing, #2 Affidavit - Adam Edgecombe, #3 Exhibit - Consent of Electronic Filing, #4 Proposed Order)(McDiarmid, Joshua) Modified on 5/3/2022 (ajn). |
| Filing 37 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Patriot Services Group Louisiana, Inc.. (Attachments: #1 Proposed Order Order)Attorney Joshua G. McDiarmid added to party Patriot Services Group Louisiana, Inc.(pty:pla).(McDiarmid, Joshua) |
| Filing 36 Case transferred in from District of Florida Middle; Case Number 2:22-cv-00011. Electronic file certified copy of transfer order and docket sheet received (cwa) |
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Filing 35
ORDERED: The parties' request to transfer (Doc. #34 ) is GRANTED. All deadlines set by this Court are STAYED. The Clerk is DIRECTED to TRANSFER this action to the United States District Court for the Eastern District of Louisiana. The Clerk is DIRECTED to MOOT any pending motions and TERMINATE all deadlines that remain on the Fort Myers docket. The Clerk is DIRECTED to CLOSE the Fort Myers case. Signed by Judge Sheri Polster Chappell on 4/14/2022. (AEH) [Transferred from flmd on 4/15/2022.]
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| Filing 34 JOINT STIPULATION Regarding Transfer by Luxor Building Group, LLC, Luxor Contracting Group Inc. (Unruh, Jesse) Modified as to docket text on 4/14/2022 (JK). [Transferred from flmd on 4/15/2022.] |
| Filing 33 CERTIFICATE of interested persons and corporate disclosure statement by Luxor Building Group, LLC, Luxor Contracting Group Inc. (Unruh, Jesse) [Transferred from flmd on 4/15/2022.] |
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Filing 32
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 4/29/2022, Discovery due by 9/30/2022, Dispositive motions due by 11/15/2022, Pretrial statement due by 4/14/2023, Plaintiff disclosure of expert report due by 7/8/2022, Defendant disclosure of expert report due by 8/8/2022, Final Pretrial Conference set for 4/28/2023 at 09:30 AM before Judge Sheri Polster Chappell, Jury Trial term 5/1/2023 before Judge Sheri Polster Chappell, Conduct mediation hearing by 10/7/2022. Lead counsel to coordinate dates. Signed by Magistrate Judge Nicholas P. Mizell on 4/13/2022. (WRW) [Transferred from flmd on 4/15/2022.]
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Filing 31
ORDERED: Defendants must FILE a motion to transfer or dismiss on or before April 25, 2022. ALTERNATIVELY, the parties must FILE an unambiguous stipulation regarding transfer by that same date. Signed by Judge Sheri Polster Chappell on 4/12/2022. (AEH) [Transferred from flmd on 4/15/2022.]
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| Filing 29 Minute Entry. Telephonic Proceedings held before Magistrate Judge Nicholas P. Mizell: granting 27 ORAL Motion for Extension of Time to File Notice of Selection of Mediator; granting 28 ORAL Motion for Extension of Time to File Related Case Notice; PRELIMINARY PRETRIAL CONFERENCE held on 4/12/2022. (DIGITAL) (WRW) [Transferred from flmd on 4/15/2022.] |
| Filing 28 ORAL MOTION for Extension of Time to File Related Case Notice. (WRW) Motions referred to Magistrate Judge Nicholas P. Mizell. [Transferred from flmd on 4/15/2022.] |
| Filing 27 ORAL MOTION for Extension of Time to File Interested Persons Disclosure. (WRW) Motions referred to Magistrate Judge Nicholas P. Mizell. [Transferred from flmd on 4/15/2022.] |
| Filing 26 AMENDED NOTICE Regarding Venue by Luxor Building Group, LLC, Luxor Contracting Group Inc. (Unruh, Jesse) Modified as to docket text on 4/12/2022 (JK). [Transferred from flmd on 4/15/2022.] |
| Filing 25 NOTICE Regarding Venue by Luxor Building Group, LLC, Luxor Contracting Group Inc. (Unruh, Jesse) Modified as to docket text on 4/11/2022 (JK). [Transferred from flmd on 4/15/2022.] |
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Filing 24
ENDORSED ORDER. On March 28, the Court directed the parties to show cause why this case should not be transferred to Louisiana. (Doc. #21 at 3). Based on their response (Doc. #23 ), the Court will take no further action on its Order at this time. Signed by Judge Sheri Polster Chappell on 4/8/2022. (KRH) [Transferred from flmd on 4/15/2022.]
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| Filing 23 JOINT RESPONSE TO ORDER TO SHOW CAUSE filed by Patriot Services Group Louisiana, Inc. (Edgecombe, Adam) Modified as to docket text on 4/8/2022 (JK). [Transferred from flmd on 4/15/2022.] |
| Filing 22 SECOND AMENDED COMPLAINT against All Defendants filed by Patriot Services Group Louisiana, Inc. (Edgecombe, Adam) Related document: #20 AMENDED COMPLAINT filed by Adam Edgecombe Modified as to docket text and entry relationship on 3/31/2022 (JK). [Transferred from flmd on 4/15/2022.] |
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Filing 21
ORDERED: Plaintiff's Amended Complaint (Doc. #20 ) is DISMISSED without prejudice. Plaintiff may FILE an amended complaint on or before April 1, 2022. If Plaintiff fails to file amended complaint, the Court will close this case without further notice. On or before April 8, 2022, the parties must jointly SHOW CAUSE, in writing not to exceed three (3) pages, why this action should not be transferred to the United States District Court for the Eastern District of Louisiana. If the parties fail to respond, the Court will transfer this action without further notice Signed by Judge Sheri Polster Chappell on 3/28/2022. (AEH) [Transferred from flmd on 4/15/2022.]
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| Filing 20 AMENDED COMPLAINT re; #1 against Luxor Contracting Group Inc. with Jury Demand. filed by Patriot Services Group Louisiana, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Edgecombe, Adam) Modified to remove duplicate docket text and create docket entry relationship on 3/24/2022 (JK). [Transferred from flmd on 4/15/2022.] |
| Filing 19 CASE MANAGEMENT REPORT. (Edgecombe, Adam) [Transferred from flmd on 4/15/2022.] |
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Filing 18
ENDORSED ORDER. Before the Court is Defendant's response (Doc. #17 ) to the Court's Order to Show Cause (Doc. 16). Based on the response, the Court will take no further action on its Order at this time. If Plaintiff does not amend by March 25, however, Defendant must respond to the Complaint (Doc. #1 ) on or before March 29, 2022. If Plaintiff amends, Defendant must respond in the time allowed by the Rules. Signed by Judge Sheri Polster Chappell on 3/21/2022. (KRH) [Transferred from flmd on 4/15/2022.]
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| Filing 17 RESPONSE re 16 Order to Show Cause Order by Luxor Contracting Group Inc. (Unruh, Jesse) Modified as to docket text on 3/18/2022 (JK). [Transferred from flmd on 4/15/2022.] |
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Filing 16
ENDORSED ORDER. This matter comes before the Court on sua sponte review of the file. On March 1, the Court denied Defendant's motion to dismiss without prejudice. (Doc. 15). Since then, Defendant has not filed an amended motion or answer, and the time to do so expired. See Fed. R. Civ. P. 12(a)(4)(A). Accordingly, the Court ORDERS Defendant to show cause on or March 18, 2022, why it has not responded to the Complaint. Alternatively, Defendant can respond to the Complaint by that same date. If Defendant fails to respond to this Order, Plaintiff may move for a clerk's default in accordance with the Federal and Local Rules. Signed by Judge Sheri Polster Chappell on 3/16/2022. (KRH) [Transferred from flmd on 4/15/2022.]
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Filing 15
ENDORSED ORDER denying without prejudice Defendant's Motion to Dismiss Plaintiff's Complaint (Doc. #14 ) for failure to include a [compliant] Local Rule 3.01(g) Certification. The parties are reminded to review the Local Rules, which require conferrals on motions to dismiss. The Court cannot overstate the importance of Local Rule 3.01(g) in helping avoid needless litigation, fostering communication between the parties, and helping to resolve disputes without court intervention. Signed by Judge Sheri Polster Chappell on 3/1/2022. (KRH) [Transferred from flmd on 4/15/2022.]
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| Filing 14 MOTION to Dismiss Plaintiff's Complaint and Supporting Memorandum of Law by All Defendants. (Unruh, Jesse) [Transferred from flmd on 4/15/2022.] |
| Filing 13 NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference previously scheduled for 4/14/2022 is rescheduled to 4/12/2022 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. All telephonic instructions for this hearing remain the same.(WRW) [Transferred from flmd on 4/15/2022.] |
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Filing 12
ENDORSED ORDER granting #10 defendant Luxor's unopposed motion for extension of time to answer plaintiff Patriot Service's complaint. By February 28, 2022, Luxor will file its answer to the same (Doc. #1 ). Signed by Magistrate Judge Nicholas P. Mizell on 2/8/2022. (GSK) [Transferred from flmd on 4/15/2022.]
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| Filing 11 NOTICE of hearing: Preliminary Pretrial Conference set for 4/14/2022 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 3/21/2022. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 22011. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW) [Transferred from flmd on 4/15/2022.] |
| Filing 10 Unopposed MOTION for Extension of Time to File Response to Complaint up to and including Feb. 28, 2022 by Luxor Contracting Group Inc. (Unruh, Jesse) Motions referred to Magistrate Judge Nicholas P. Mizell. [Transferred from flmd on 4/15/2022.] |
| Filing 9 RETURN of service executed on 1/15/2022 by Patriot Services Group Louisiana, Inc. as to Luxor Contracting Group Inc. (Edgecombe, Adam) [Transferred from flmd on 4/15/2022.] |
| Filing 8 PROOF of service by Patriot Services Group Louisiana, Inc. (Edgecombe, Adam) Modified to reflect request sent to counsel to refile under the correct case event on 1/20/2022 (JK). [Transferred from flmd on 4/15/2022.] |
| Filing 7 NOTICE of Lead Counsel Designation by Adam B. Edgecombe on behalf of Patriot Services Group Louisiana, Inc. Lead Counsel: Adam B. Edgecombe. (Edgecombe, Adam) [Transferred from flmd on 4/15/2022.] |
| Filing 6 SUMMONS issued as to Luxor Contracting Group Inc. (JK) [Transferred from flmd on 4/15/2022.] |
| Filing 5 NOTICE to counsel Adam B. Edgecombe of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (JK) [Transferred from flmd on 4/15/2022.] |
| Filing 4 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JK) [Transferred from flmd on 4/15/2022.] |
| Filing 3 CIVIL Action Order Signed by All Divisional Judges on 1/11/2022. (JK) [Transferred from flmd on 4/15/2022.] |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:22-cv-0011-SPC-NPM. (SJB) [Transferred from flmd on 4/15/2022.] |
| Filing 1 COMPLAINT against Luxor Contracting Group Inc. with Jury Demand (Filing fee $ 402 receipt number AFLMDC-19098785) filed by Patriot Services Group Louisiana, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Composite A, #3 Proposed Summons, #4 Corporate Disclosure Statement)(Edgecombe, Adam) Modified as to docket text on 1/11/2022 (JK). [Transferred from flmd on 4/15/2022.] (Attachment 3 replaced on 4/15/2022-re flattened Summons) (cwa). |
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