Cefalu v. State Farm Fire and Casualty Company et al
Plaintiff: Nicholas Cefalu, Jr.
Defendant: State Farm Fire and Casualty Company, Cornelia Sides, State Farm Fire & Casualty Company and State Farm Fire and Casualty Insurance Company
Interested Party: Hurricane Ida Program Administrator
Case Number: 2:2022cv04523
Filed: November 15, 2022
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Carl Barbier
Referring Judge: Carl J Barbier
2 Judge: Donna Phillips Currault
3 Judge: Dana Douglas
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Racketeering (RICO) Act
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 4, 2023 Opinion or Order Filing 13 ORDER regarding #8 Motion to Dismiss for Failure to State a Claim. Defendant set the motion for submission on December 28, 2022. Plaintiff, however, has failed to file a timely opposition. It further appears to the Court that the motion has merit, IT IS ORDERED that the Motion to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) (Rec. Doc. 8) is GRANTED. Plaintiff's civil RICO claims against Cornelia Sides are DISMISSED. Signed by Judge Carl Barbier on 1/3/23. (cg)
December 27, 2022 Opinion or Order Filing 12 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Donna Phillips Currault. Magistrate Judge Dana Douglas no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown on 12/22/2022. (Attachments: #1 12/20/22 Order, #2 Case List)(lag)
December 12, 2022 Filing 11 Statement of Corporate Disclosure by State Farm Fire & Casualty Company identifying Corporate Parent State Farm Mutual Automobile Insurance Company for State Farm Fire & Casualty Company (Baumgartner, Samuel)
December 12, 2022 Filing 10 ANSWER to #1 Notice of Removal,, with Jury Demand by State Farm Fire & Casualty Company.(Baumgartner, Samuel)
November 23, 2022 Opinion or Order Filing 9 ORDER granting #7 Motion for Extension of Time to Answer; Defendant, State Farm Fire and Casualty Company, is granted a 21-day extension, through 12/12/2022, to file a responsive pleading. Signed by Judge Carl Barbier on 11/22/2022. (blg)
November 22, 2022 Filing 8 MOTION to Dismiss for Failure to State a Claim Pursuant to F.R.C.P. 12(b)(6) by Cornelia Sides. Motion(s) will be submitted on 12/28/2022. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Monroe, Rhett)
November 21, 2022 Filing 7 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Notice of Removal,, by State Farm Fire & Casualty Company. (Attachments: #1 Proposed Order)(Baumgartner, Samuel)
November 16, 2022 Filing 6 Correction of Docket Entry by Clerk re #1 Notice of Removal. Notice of Compliance List of Parties and Certification of State Court Record should be filed as a separate docket entries instead of an attachment to the Notice of Removal. Clerk took corrective action by separating the attachment and docketing as a separate entries. (cs)
November 16, 2022 Filing 5 Notice of Compliance List of all Parties by Cornelia Sides re #1 Notice of Removal. (cs)
November 16, 2022 Filing 4 Notice of Compliance Certificate of Filing of State Court Record by Cornelia Sides re #1 Notice of Removal. (cs)
November 16, 2022 Opinion or Order Filing 3 HURRICANE IDA CLAIMS AMENDED CASE MANAGEMENT ORDER NO. 1. Signed by Chief Judge Nannette Jolivette Brown on 10/25/2022.(cs)
November 15, 2022 Filing 2 Initial Case Assignment to Judge Carl Barbier and Magistrate Judge Dana Douglas. (mb)
November 15, 2022 Filing 1 NOTICE OF REMOVAL from 21st Judicial District Court, Tangipahoa Parish case number 20220003104 (Filing fee $ 402 receipt number ALAEDC-9657852) filed by Cornelia Sides. (Attachments: #1 Civil Cover Sheet, #2 State Court Pleadings, #3 Exhibit B Consent of Removal, #4 Exhibit C Consent of Removal, #5 Exhibit D , #6 Exhibit E, #7 Exhibit F, #8 Exhibit G Certificate of Filing, #9 Exhibit H List of All Parties)Attorney Kirk A. Patrick, III added to party Cornelia Sides(pty:dft).(Patrick, Kirk) Modified text on 11/16/2022 (cs).

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Plaintiff: Nicholas Cefalu, Jr.
Represented By: Russell C. Monroe
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Defendant: State Farm Fire and Casualty Company
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Defendant: Cornelia Sides
Represented By: Kirk A. Patrick, III
Represented By: Blake Anthony Altazan
Represented By: Rhett Britton Monroe
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Defendant: State Farm Fire & Casualty Company
Represented By: David J Creighton
Represented By: Samuel Baumgartner
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Defendant: State Farm Fire and Casualty Insurance Company
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Interested party: Hurricane Ida Program Administrator
Represented By: Francis Joseph Lobrano
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