Carter v. McClenny Moseley & Associates, PLLC et al
| Louis Carter, III |
| McClenny Moseley & Associates, PLLC, James McClenny, John Zachary Moseley, William Huye, Apex Roofing and Restoration, LLC, Tort Network, LLC, H. William Huye and R William Huye, III |
| Couhig Partners, L.L.C., Robert E Couhig, Jr, Donald C Massey, Jonathan P Lemann, Jason A Cavignac, Robert E Couhig, III, Blair C Constant and R Tate Martin, II |
| 2:2023cv00949 |
| March 16, 2023 |
| US District Court for the Eastern District of Louisiana |
| Carl J Barbier |
| Donna Phillips Currault |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 30 Brief by Tort Network, LLC Regarding Conflicts of Interest. (Schenck, David) |
| Filing 29 Memorandum by McClenny Moseley & Associates, PLLC, John Zachary Moseley re #13 Status Conference, #14 Brief Regarding Plaintiff's Counsel's Conflicts. (Gibbens, William) |
| Filing 28 Memorandum by Apex Roofing and Restoration, LLC re #14 Brief, #13 Status Conference re Conflict of Interest of Couhig Partners. (Butler, Peter) |
| Filing 27 Brief in Support of CAFA Jurisdiction by Tort Network, LLC. (Schenck, David) |
| Filing 26 Memorandum Relative to Jurisdiction by H. William Huye re #13 Status Conference. (Attachments: #1 Exhibit A - Authentication Affidavit, #2 Exhibit B - Texas Lawsuit, #3 Exhibit C - MMA Website Contact, #4 Exhibit D - Velawcity Contract Excerpts, #5 Exhibit E - Disaster Claim Website, #6 Exhibit F - Hurricane Damage Lawsuit)(Dossier, Eva) |
Filing 25
ORDER granting #18 Motion to Appear Pro Hac Vice as to Alexandria M. Twiss. Signed by Judge Carl J Barbier. (gec)
|
| Filing 24 Memorandum Confirming Jurisdiction Under the Class Action Fairness Act by McClenny Moseley & Associates, PLLC, John Zachary Moseley re #13 Status Conference. (Gibbens, William) |
| Filing 23 Brief by Louis Carter, III Regarding Diversity and CAFA Jurisdiction re #13 Status Conference. (Lemann, Jonathan) Modified on 5/5/2023 (cg). |
| Filing 22 TRANSCRIPT of Status Conference held on April 5, 2023 before Judge Carl J. Barbier. Court Reporter Toni Doyle Tusa, Telephone number 504-589-7778. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 8/2/2023. (Tusa, Toni) |
| Filing 21 Memorandum by Apex Roofing and Restoration, LLC In Support of CAFA Jurisdiction (Attachments: #1 Exhibit A)(Centola, Lawrence) |
| Filing 20 Memorandum by Apex Roofing and Restoration, LLC In Support of CAFA Jurisdiction (Centola, Lawrence) |
|
Filing 19
ORDER granting #16 Motion to Appear Pro Hac Vice as to David J. Schenck for Tort Network, LLC. Signed by Judge Carl J Barbier. (gec)
|
| Filing 18 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Alexandria M. Twiss (Filing fee $ 100 receipt number ALAEDC-9918950) by Tort Network, LLC. (Attachments: #1 Exhibit Affidavit stating no disciplinary proceedings, #2 Exhibit Sup. Ct. CGS, Tx., #3 Exhibit Consent to Electronic Filing, #4 Proposed Order)(Rahn, Alexandria) |
| Filing 17 **ERROR-SEE REC DOC 22 FOR CORRECTED TRANSCRIPT** TRANSCRIPT of Status Conference held on April 5, 2023 before Judge Carl J. Barbier. Court Reporter Toni Doyle Tusa, Telephone number 504-589-7778. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 7/31/2023. (Tusa, Toni) Modified text on 5/4/2023 (my). |
| Filing 16 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for David Schenck (Filing fee $ 100 receipt number ALAEDC-9910842) by Tort Network, LLC. (Attachments: #1 Proposed Order)(Cosse, Clay) |
| Filing 15 EXPARTE/CONSENT MOTION to Withdraw Donald Massey, Blair Constant & Tate Martin II as Attorney of Record by Louis Carter, III. (Attachments: #1 Proposed Order)(Lemann, Jonathan) |
| Filing 14 Brief by Couhig Partners, L.L.C., Robert E. Couhig, Jr., Donald C. Massey, Jonathan P. Lemann, Jason A. Cavignac, Robert. E. Couhig, III, Blair C. Constant, R. Tate Martin II re #13 Status Conference Plaintiff's Counsel's Brief Regarding the Absence of Any Conflicts. (Attachments: #1 Exhibit 1 - Massey Declaration, #2 Exhibit 2 - Constant Declaration, #3 Exhibit 3 - Couhig Declaration, #4 Exhibit 4 - 24th JDC CMO)(Herman, Stephen) Modified on 4/25/2023 (gec). |
| Filing 13 Minute Entry for proceedings held before Judge Carl J Barbier: Status Conference held on 4/5/2023. ORDERED that: Plaintiff's counsel shall file a brief regarding any potential conflict issues within 21 days. Defendants may respond within 14 days, and Plaintiff has 7 days to reply; Plaintiff's motion for a Temporary Restraining Order is DENIED as not necessary; Plaintiff's motion for a preliminary injunction is DENIED without prejudice; The parties shall brief the jurisdictional issues under diversity or CAFA within 30 days; All other action in this matter is STAYED for 60 days. (Court Reporter Toni Tusa.) (gec) |
|
Filing 12
ORDER granting #8 MOTION for Extension of Time to Answer Complaint, as to McClenny Moseley & Associates, PLLC; answer due 4/27/2023. Signed by Judge Carl J Barbier. (gec)
|
| Filing 11 MOTION to Dismiss for Lack of Jurisdiction by Tort Network, LLC. Motion(s) will be submitted on 4/19/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Notice of Submission )Attorney Clay Anthony Cosse added to party Tort Network, LLC(pty:dft).(Cosse, Clay) |
| Filing 10 REPLY in Support to Response to Motion filed by Apex Roofing and Restoration, LLC re #3 MOTION to Compel Arbitration Motion to Stay MOTION to Dismiss for Failure to State a Claim . (cg) |
|
Filing 9
ORDER granting #7 Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 4/3/23. (cg)
|
| Filing 8 EXPARTE/CONSENT MOTION for Extension of Time to Answer by McClenny Moseley & Associates, PLLC. (Attachments: #1 Proposed Order)(Gibbens, William) |
| Filing 7 MOTION for Leave to File Reply in Support of Apex's Motion to Dismiss and Compel Arbitration of All Claims Against Apex or, alternative, Stay Proceedings Pending Arbitration of All Claims Against Apex by Apex Roofing and Restoration, LLC. Motion(s) will be submitted on 4/5/2023. (Attachments: #1 Proposed Order Order, #2 Proposed Pleading Reply in Support of Apex's Motion to Dismiss and Compel Arbitration of All Claims Against Apex or, alternative, Stay Proceedings Pending Arbitration of All Claims Against Apex)(Passler, Richard) |
|
Filing 6
ORDERED that an in-person Status Conference is SET for Wednesday, April 5, 2023, at 11:00 a.m. in the courtroom. It is FURTHER ORDERED that the #5 Request for Oral Argument is DENIED. Signed by Judge Carl J Barbier.(gec)
|
| Filing 5 Request/Statement of Oral Argument by Louis Carter, III regarding #3 MOTION to Compel Arbitration Motion to Stay MOTION to Dismiss for Failure to State a Claim (Attachments: #1 Proposed Order)(Massey, Donald) |
| Filing 4 RESPONSE/MEMORANDUM in Opposition filed by Louis Carter, III re #3 MOTION to Compel Arbitration Motion to Stay MOTION to Dismiss for Failure to State a Claim. (Attachments: #1 Exhibit 1 - Apex Roofing State Court Petition and Exhibits)(Martin, Robert) |
| Filing 3 MOTION to Dismiss for Failure to State a Claim, MOTION to Compel Arbitration or, Alternatively, Stay Proceedings Pending Arbitration, by Apex Roofing and Restoration, LLC. Motion(s) will be submitted on 4/5/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Notice of Submission)Attorney Peter J. Butler, Jr added to party Apex Roofing and Restoration, LLC(pty:dft).(Butler, Peter) |
| Filing 2 Initial Case Assignment to Judge Carl J Barbier and Magistrate Judge Donna Phillips Currault. (cc) |
| Filing 1 NOTICE OF REMOVAL from 21st Judicial District Court, case number 2023-00821 (Filing fee $ 402 receipt number ALAEDC-9850253) filed by McClenny Moseley & Associates, PLLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C)Attorney William P. Gibbens added to party McClenny Moseley & Associates, PLLC(pty:dft).(Gibbens, William) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Louisiana Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
