Lobre v. Plaquemines Parish Government Operations Department et al
| Mark P Lobre |
| Plaquemines Parish Government Operations Department, Scott Rousselle, Norfolk Southern Railway Company, Stolthaven New Orleans, L.L.C. and Plaquemines Parish Government |
| 2:2022cv03970 |
| October 18, 2022 |
| US District Court for the Eastern District of Louisiana |
| Barry W Ashe |
| Michael North |
| Personal Property: Other |
| 49 U.S.C. § 10743 Revised Interstate Commerce Act |
| None |
Docket Report
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| Filing 20 NOTICE of Hearing. Scheduling Conference set for 1/18/2023 01:30 PM before case manager by telephone. By Clerk. (clc) |
Filing 19
ORDER denying #11 Motion for Summary Judgment, as stated herein. Signed by Judge Barry W Ashe on 11/29/2022. (am)
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| Filing 18 REPLY to Response to Motion filed by Stolthaven New Orleans, L.L.C. re #11 MOTION for Summary Judgment . (am) |
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Filing 17
ORDER granting #15 Motion for Leave to File Reply. Signed by Judge Barry W Ashe on 11/29/2022. (am)
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| Filing 16 Correction of Docket Entry by Clerk re #15 MOTION for Leave to File Reply Memorandum. **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 removed submission date.** (am) |
| Filing 15 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Stolthaven New Orleans, L.L.C. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Proposed Pleading)(Cozad, Richard) Modified text/removed submission date on 11/28/2022 (am). |
| Filing 14 RESPONSE/MEMORANDUM in Opposition filed by Mark P Lobre re #11 MOTION for Summary Judgment . (Attachments: #1 Exhibit Exhibit A, #2 Statement of Contested/Uncontested Facts, #3 Exhibit Rule 56(d) Declaration)(Greenberg, Jeffrey) |
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Filing 13
ORDER granting #3 Motion to Dismiss Lobre's state-law negligence claims. Those claims are dismissed. This dismissal is without prejudice to Lobre's ability to bring before the STB any appropriate claims under the ICCTA. Signed by Judge Barry W Ashe on 11/10/2022. (ko)
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| Filing 12 RESPONSE/MEMORANDUM in Opposition filed by Mark P Lobre re #3 MOTION to Dismiss . (Greenberg, Jeffrey) |
| Filing 11 MOTION for Summary Judgment by Stolthaven New Orleans, L.L.C. Motion(s) will be submitted on 12/1/2022. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Notice of Submission, #4 Exhibit "A")(Cozad, Richard) Modified on 11/9/2022 (am). |
| Filing 10 ANSWER to #1 Complaint by Plaquemines Parish Government, Scott Rousselle.(Prendergast, Brett) Modified text on 11/9/2022 (am). |
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Filing 9
ORDER granting #7 Motion to Substitute Attorney. Added attorney Brett John Prendergast for Plaquemines Parish Government. Attorney Rennie S Buras, II terminated. Signed by Judge Barry W Ashe on 10/31/2022. (am)
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| Filing 8 Notice of Compliance with 28 USC 1447(b) by Norfolk Southern Railway Company re #1 Notice of Removal. (Attachments: #1 Exhibit 1)(Stewart, Virginia) Modified text on 10/31/2022 (am). |
| Filing 7 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Brett J. Prendergast to be substituted in place of Rennie Buras II by Plaquemines Parish Government Operations Department, Scott Rousselle. (Attachments: #1 Proposed Order)Attorney Brett John Prendergast added to party Plaquemines Parish Government(pty:dft), Attorney Brett John Prendergast added to party Scott Rousselle(pty:dft).(Prendergast, Brett) Modified text on 10/31/2022 (am). |
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Filing 6
ORDER: IT IS ORDERED that the motion #5 is GRANTED, and the submission date of Norfolk's motion to dismiss #3 is CONTINUED to November 17, 2022. Any opposition shall be filed in accordance with the Local Rules.Signed by Judge Barry W Ashe on 10/24/2022.(am)
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| Filing 5 EXPARTE/CONSENT MOTION to Continue Submission Date by Mark P Lobre. (Attachments: #1 Proposed Order)(Greenberg, Jeffrey) |
| Filing 4 Directive of the Clerk regarding compliance with 28:1447(b) re #1 Notice of Removal, filed by Norfolk Southern Railway Company. By the Clerk.(am) |
| Filing 3 MOTION to Dismiss by Norfolk Southern Railway Company. Motion(s) will be submitted on 11/3/2022. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 to Memorandum in Support of Motion to Dismiss, #3 Notice of Submission)Attorney Patrick A. Talley, Jr added to party Norfolk Southern Railway Company(pty:dft).(Talley, Patrick) |
| Filing 2 Initial Case Assignment to Judge Barry W Ashe and Magistrate Judge Michael North. (mb) |
| Filing 1 NOTICE OF REMOVAL from 25th Judicial District Court, Parish of Plaquemine, case number 67589 (Filing fee $ 402 receipt number ALAEDC-9610179) filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit 1 - State Court Record, #2 Exhibit 2 - Consent to and Joinder of Removal, #3 Civil Cover Sheet)Attorney Virginia Stewart added to party Norfolk Southern Railway Company(pty:dft).(Stewart, Virginia) |
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