Westbank Holdings, LLC v. Certain Underwriters at Lloyds, London
| Westbank Holdings, LLC dba Oakmont Apartments and Westbank Holdings, LLC doing business as Oakmont Apartments |
| Certain Underwriters at Lloyds, London Subscribing to Policy No. VPC-CN-0002660-01, Interstate Fire and Casualty Company, Independent Specialty Insurance Company, Interstate Fire & Casualty Company and Certain Underwriters at Lloyds, London |
| Hurricane Ida Program Administrator |
| 2:2023cv00320 |
| January 25, 2023 |
| US District Court for the Eastern District of Louisiana |
| Nannette Jolivette Brown |
| Michael North |
| Wendy B Vitter |
| Insurance |
| 09 U.S.C. § 0205 - Enforcement of Foreign Arbitral Awards |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 23, 2023. A more recent docket listing may be available from PACER.
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Filing 35
ORDER granting #5 Motion to Opt Out of Streamlined Settlement Program. Granted, solely to the extent necessary to allow the parties to litigate the pending Motion to Compel Arbitration (rec. doc. #3 ) filed by Defendants and the Motion to Refer Civil Action to Bankruptcy Court (rec. doc. #11 ) filed by Plaintiff. If, after those motions have been decided by the District Judge, this matter remains on the docket of this Court, it shall remain subject to the Hurricane Ida CMO and the SSP. Signed by Magistrate Judge Michael North on 3/22/23. (cg)
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| Filing 34 REPLY in Support to Response to Motion filed by Certain Underwriters at Lloyds, London(Subscribing to Policy No. VPC-CN-0002660-01; Improperly named in the Petition for Damages as "Certain Underwriters Lloyds of London Consortium #9226".), Independent Specialty Insurance Company, Interstate Fire & Casualty Company re #3 MOTION to Compel Arbitration , #5 MOTION to Opt Out of Streamlined Settlement Program . (cg) |
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Filing 33
ORDER granting #27 Motion for Leave to File Reply. Signed by Magistrate Judge Michael North on 3/22/23. (cg)
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| Filing 32 REPLY to Response to Motion filed by Certain Underwriters at Lloyds, London, Independent Specialty Insurance Company, Interstate Fire & Casualty Company re #3 MOTION to Compel Arbitration. (mp) |
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Filing 31
ORDER granting #26 Motion for Leave to File Reply Brief Exceeding the Ten Page Limit. Signed by Chief Judge Nannette Jolivette Brown on March 22, 2023. (mp)
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| Filing 30 EXPARTE/CONSENT MOTION for Leave to File Reply to Insurers Opposition to Motion to Refer Civil Action to Bankruptcy Court by Westbank Holdings, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Nobles, Cherie) |
| Filing 29 EXPARTE/CONSENT MOTION to Substitute Counsel Lori D. Barker for Ashely E. Bane by Certain Underwriters at Lloyds, London, Independent Specialty Insurance Company, Interstate Fire & Casualty Company. (Attachments: #1 Proposed Order)(Falgout, John) Modified text on 3/22/2023 (mp). |
| Filing 28 DEFICIENT: EXPARTE/CONSENT MOTION for Leave to File Reply to Defendants' Motion to Compel Arbitration and to Stay or, Alternative, Dismiss the Proceedings by Westbank Holdings, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Barriere, Brent) Modified on 3/22/2023 (mp). |
| Filing 27 EXPARTE/CONSENT MOTION for Leave to File a Reply Brief Exceeding the Ten Page Limit In Support of Motion to Opt Out of the SSP (Doc. No. 5) by Certain Underwriters at Lloyds, London, Independent Specialty Insurance Company, Interstate Fire & Casualty Company. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Falgout, John) Modified text on 3/22/2023 (mp). |
| Filing 26 EXPARTE/CONSENT MOTION for Leave to File a Reply Brief Exceeding the Ten Page Limit In Support of Motion to Compel Arbitration [Doc. No. 3] by Certain Underwriters at Lloyds, London, Independent Specialty Insurance Company, Interstate Fire & Casualty Company. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Falgout, John) Modified text on 3/22/2023 (mp). |
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Filing 25
ORDER denying #24 Request for Oral Argument filed by Westbank Holdings, LLC. Signed by Chief Judge Nannette Jolivette Brown on March 17, 2023.(mp)
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| Filing 24 Request/Statement of Oral Argument by Westbank Holdings, LLC regarding #3 MOTION to Compel Arbitration (Attachments: #1 Proposed Order)(Dodson, Michael) |
| Filing 23 RESPONSE/MEMORANDUM in Opposition filed by Westbank Holdings, LLC re #5 MOTION to Opt Out of Streamlined Settlement Program . (Dodson, Michael) |
| Filing 22 RESPONSE/MEMORANDUM in Opposition filed by Westbank Holdings, LLC re #3 MOTION to Compel Arbitration . (Dodson, Michael) |
| Filing 21 RESPONSE/MEMORANDUM in Opposition filed by All Defendants re #11 MOTION Refer Civil Action to Bankruptcy Court . (Falgout, John) |
| Filing 20 DEFICIENT: Request/Statement of Oral Argument by Westbank Holdings, LLC regarding #3 MOTION to Compel Arbitration , #5 MOTION to Opt Out of Streamlined Settlement Program (Attachments: #1 Proposed Order)(Dodson, Michael) Modified on 3/15/2023 (mp). |
| Filing 19 DEFICIENT: RESPONSE/MEMORANDUM in Opposition filed by Westbank Holdings, LLC re #3 MOTION to Compel Arbitration , #5 MOTION to Opt Out of Streamlined Settlement Program . (Dodson, Michael) Modified on 3/15/2023 (mp). |
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Filing 18
ORDER granting the parties' #15 Joint Motion to Continue Submission Dates. FURTHER ORDERED that the submission dates for the pending #3 , #5 , #11 motions are RESET to March 22, 2023. Any memoranda in opposition must be filed by March 15, 2023. Signed by Chief Judge Nannette Jolivette Brown on February 27, 2023.(mp)
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| Filing 17 Correction of Docket Entry by Clerk re #16 Notice of Hearing. Document filed in incorrect case. Please disregard. (mp) |
| Filing 16 **FILED IN INCORRECT CASE** NOTICE of Hearing: Scheduling Conference set for 3/8/2023 10:00 AM before case manager by telephone. Call-in instructions provided herein. Issued by Clerk. (mp) Modified on 2/27/2023 (mp). |
| Filing 15 EXPARTE/CONSENT Joint MOTION to Continue Submission Dates of R. Docs. 3, 5, and 11 by Certain Underwriters at Lloyds, London(Subscribing to Policy No. VPC-CN-0002660-01), Independent Specialty Insurance Company, Interstate Fire & Casualty Company. (Attachments: #1 Proposed Order)(Falgout, John) Modified text on 2/27/2023 (mp). |
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Filing 14
ORDER granting #12 MOTION to Continue Submission Date for Defendants' Motion to Opt Out of Streamlined Settlement Program filed by Westbank Holdings, LLC. The submission date for Defendants Motion to Opt Out of Streamlined Settlement Program (Doc. #5 ) is hereby reset for March 8, 2023. Signed by Magistrate Judge Michael North on 2/14/23.(cg)
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Filing 13
ORDER GRANTING #9 MOTION to Continue. The submission date for Defendant's #3 MOTION to Compel Arbitration is CONTINUED to 3/8/2023. Signed by Chief Judge Nannette Jolivette Brown on 2/8/2023.(jls)
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| Filing 12 EXPARTE/CONSENT MOTION to Continue Submission Date for Defendants' Motion to Opt Out of Streamlined Settlement Program by Westbank Holdings, LLC. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Dodson, Michael) |
| Filing 11 MOTION Refer Civil Action to Bankruptcy Court by Westbank Holdings, LLC. Motion(s) will be submitted on 3/8/2023. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Barriere, Brent) |
| Filing 10 *FILED IN ERROR-SEE Rec. Doc. 12** EXPARTE/CONSENT MOTION to Continue Submission Date for Defendants' Motion to Opt Out of Streamlined Settlement Program (Doc. 5) by Westbank Holdings, LLC. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order Proposed Order)(Dodson, Michael) Modified on 2/7/2023 (cg). |
| Filing 9 EXPARTE/CONSENT MOTION to Continue Submission Date for Defendants' Motion to Compel Arbitration and to Stay or, Alternatively, Dismiss the Proceedings (Doc. 3) by Westbank Holdings, LLC. (Attachments: #1 Proposed Order Proposed Order)(Dodson, Michael) |
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Filing 8
ORDER OF RECUSAL. In accordance with Title 28, Section 455(b)(4), of the U.S. Code and Canon 3 of the Code of Conduct for the United States Judges, the undersigned hereby disqualifies herself from handling this matter. Accordingly, IT IS ORDERED that the Clerk of Court reallot this matter to another Section of this Court. Judge Wendy B Vitter recused. Case reassigned to Chief Judge Nannette Jolivette Brown. Signed by Judge Wendy B Vitter on 2/6/23.(cg)
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| Filing 7 Statement of Corporate Disclosure by Certain Underwriters at Lloyds, London(Subscribing to Policy No. VPC-CN-0002660-01; Improperly named in the Petition for Damages as "Certain Underwriters Lloyds of London Consortium #9226".), Independent Specialty Insurance Company, Interstate Fire & Casualty Company identifying Corporate Parent AGCS International Holding B.V., Corporate Parent Allianz of America, Inc., Corporate Parent Firemans Fund Insurance Company, Corporate Parent Allianz Global Risks US Insurance Company, Corporate Parent Allianz SE for Interstate Fire & Casualty Company; Corporate Parent SNC Financial GP, LLC, and SNC Financial GP, LLC, Corporate Parent State National Insurance Company, Inc., Corporate Parent Markel Corporation, Corporate Parent United Specialty Insurance Company, Corporate Parent State National Intermediate Holdings, Inc., Corporate Parent T.B.A. Insurance Group, Ltd., Corporate Parent State National Companies, Inc. for Independent Specialty Insurance Company; Corporate Parent Renaissance Reinsurance Ltd., Corporate Parent Nephila 2357 Ltd., Corporate Parent RenaissanceRe Corporate Capital (UK) Limited, Corporate Parent RenaissanceRe Specialty Holdings (UK) Limited, Corporate Parent RenRe Insurance Holdings Ltd., Corporate Parent RenaissanceRe Holdings Ltd. for Certain Underwriters at Lloyds, London (Falgout, John) |
| Filing 6 Statement of Corporate Disclosure by Westbank Holdings, LLC (Barriere, Brent) |
| Filing 5 MOTION to Opt Out of Streamlined Settlement Program by Certain Underwriters at Lloyds, London, Independent Specialty Insurance Company, Interstate Fire & Casualty Company. Motion(s) referred to Michael North. Motion(s) will be submitted on 2/15/2023. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Falgout, John) Modified text on 1/30/2023 (mmv). |
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Filing 4
HURRICANE IDA CLAIMS AMENDED CASE MANAGEMENT ORDER NO. 1. Signed by Chief Judge Nannette Jolivette Brown on 10/25/22.(cg)
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| Filing 3 MOTION to Compel Arbitration by Certain Underwriters at Lloyds, London Subscribing to Policy No. VPC-CN-0002660-01, Independent Specialty Insurance Company, Interstate Fire and Casualty Company. Motion(s) will be submitted on 3/7/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Notice of Submission)(Bane, Ashley) |
| Filing 2 Initial Case Assignment to Judge Wendy B Vitter and Magistrate Judge Michael North. (cc) |
| Filing 1 NOTICE OF REMOVAL from 24th Judicial District Court, Parish of Jefferson, case number 836-756 (Filing fee $ 402 receipt number ALAEDC-9767679) filed by Certain Underwriters at Lloyds, London Subscribing to Policy No. VPC-CN-0002660-01, Independent Specialty Insurance Company, Interstate Fire and Casualty Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)Attorney Ashley E. Bane added to party Certain Underwriters at Lloyds, London Subscribing to Policy No. VPC-CN-0002660-01(pty:dft), Attorney Ashley E. Bane added to party Independent Specialty Insurance Company(pty:dft), Attorney Ashley E. Bane added to party Interstate Fire and Casualty Company(pty:dft).(Bane, Ashley) |
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