Western Surety Company v. Magee Excavation & Development LLC et al
| Western Surety Company |
| Magee Excavation & Development LLC, Magee Builders LLC, Magee Equipment LLC, Magee Development LLC, Skip C Magee and Jessica A Magee |
| First Horizon Bank |
| 2:2023cv01097 |
| March 29, 2023 |
| US District Court for the Eastern District of Louisiana |
| Barry W Ashe |
| Donna Phillips Currault |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| None |
Docket Report
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This docket was last retrieved on November 28, 2023. A more recent docket listing may be available from PACER.
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Filing 56
Intervenor COMPLAINT filed by First Horizon Bank. (Attachments: #1 Verification, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15)(cwa)
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Filing 55
RESPONSE/MEMORANDUM in Opposition filed by Western Surety Company re #42 MOTION to Dismiss Complaint or to Join Required Parties, #43 MOTION for Joinder the Corporate Defendants Motion to Dismiss Complaint Pursuant to Fed. R. Civ. Proc. 12(b)(7) or to Join Required Parties Under Fed. R. Civ. Proc. 19(a) or to Dismiss Under Fed. Rules of Civ. Proc. 19(b) and 12(b)(7) and Memorandu . (Pastorek, Jeffrey)
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Filing 54
Minute Entry for proceedings held before Magistrate Judge Donna Phillips Currault: Motion Hearing held on 5/24/2023 re #36 MOTION to Intervene filed by First Horizon Bank. IT IS ORDERED that Movant's motion is GRANTED. (Court Reporter Jodi Simcox.) (cwa)
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Filing 53
REPLY to Response to Motion filed by First Horizon Bank re #36 MOTION to Intervene. (cwa)
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Filing 52
ORDER granting #51 Motion for Leave to File Reply Memorandum. Signed by Magistrate Judge Donna Phillips Currault on 5/23/2023. (cwa)
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Filing 51
EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion to Intervene by First Horizon Bank. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Rochester, Lacey)
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Filing 50
ORDER granting #49 MOTION to Continue the hearing on the Amount of Collateral Issue & Related Briefing Schedule filed by Western Surety Company. The Court shall hold an evidentiary hearing and hear argument on the amount-of-collateral issue on Wednesday, June 21, 2023, at 1:30 p.m. Signed by Judge Barry W Ashe on 5/22/2023.(clc)
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Filing 49
EXPARTE/CONSENT MOTION to Continue the hearing on the Amount of Collateral Issue & Related Briefing Schedule by Western Surety Company. (Attachments: #1 Proposed Order)(Pastorek, Jeffrey)
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Filing 48
NOTICE: A party in this matter has requested oral argument on a contested motion pending before United States Magistrate Judge Donna Phillips Currault. In accordance with Local Rule 78.1, a request for oral argument is deemed granted unless the Court advises the parties otherwise. Oral arguments before Judge Currault are held in-person in Courtroom B-421 at 11:00 a.m. (rt)
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Filing 47
Correction of Docket Entry by Clerk re #43 MOTION for Joinder the Corporate Defendants Motion to Dismiss Complaint Pursuant to Fed. R. Civ. Proc. 12(b)(7) or to Join Required Parties Under Fed. R. Civ. Proc. 19(a) or to Dismiss Under Fed. Rules of Civ. Proc. 19(b) and 12(b)(7) and Memorandu. **1. Filing attorney selected incorrect event. Correct event is Notice. Clerk took corrective action by changing the text. **2. Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action.** (am)
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Filing 46
Request/Statement of Oral Argument by Western Surety Company regarding #36 MOTION to Intervene (Pastorek, Jeffrey)
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Filing 45
RESPONSE/MEMORANDUM in Opposition filed by Western Surety Company re #36 MOTION to Intervene . (Pastorek, Jeffrey)
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Filing 44
Correction of Docket Entry by Clerk re #42 MOTION to Dismiss Complaint or to Join Required Parties. **Filing attorney selected incorrect submission/hearing date. Correct date is 06/01/2023. Clerk took corrective action. No further action necessary.** (am)
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Filing 43
Individual Defendant's Joinder to Corporate Defendants Motion to Dismiss Complaint Pursuant to Fed. R. Civ. Proc. 12(b)(7) or to Join Required Parties Under Fed. R. Civ. Proc. 19(a) or to Dismiss Under Fed. Rules of Civ. Proc. 19(b) and 12(b)(7) and Memorandum of Law in Support of Motion to Dismiss Complaint Pursuant to Fed. R. Civ. Proc. 12(b)(7) or to Join Required Parties Under Fed. R. Civ. Proc. 19(a) or to Dismiss Under Fed. Rules of Civ. Proc. 19(b) and 12(b)(7) (Doc. No. 42) by Jessica A Magee, Skip C Magee. (Peterson, Edward) Modified text/removed referral on 5/16/2023 (am).
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Filing 42
MOTION to Dismiss Complaint or to Join Required Parties by Magee Builders LLC, Magee Development LLC, Magee Equipment LLC, Magee Excavation & Development LLC. Motion(s) will be submitted on 06/01/2023. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Draper, Douglas) Modified text/submission date on 5/16/2023 (am).
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Filing 41
ORDER granting #39 Motion to Appear Pro Hac Vice as to Edward J. Peterson, III. Signed by Judge Barry W Ashe on 05/11/2023. (Attachments: #1 Pro Hac Vice Notice) (am)
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Filing 40
ORDER AND REASONS: IT IS ORDERED that Western Surety's application for preliminary injunction #23 is GRANTED in part, as stated herein. Signed by Judge Barry W Ashe on 05/11/2023.(am)
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Filing 39
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Admission of Edward Peterson (Fee previously paid) by Jessica A Magee, Skip C Magee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Affidavit, #4 E File, #5 Proposed Order)(Wiley, Joseph)
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Filing 38
Minute Entry for proceedings held before Judge Barry W Ashe: Motion Hearing held on 5/4/2023 re #23 MOTION for Preliminary Injunction filed by Western Surety Company. Motion for Preliminary Injunction granted to posting of security subject to review of admitted exhibits; Order & Reasons forthcoming. Follow up hearing set for June 2, 2023, at 1:30 p.m. (Court Reporter Toni Tusa.) (cs) (Additional attachment(s): #1 Stipulated Facts, #2 Hearing Exhibit List) (clc).
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Filing 37
Correction of Docket Entry by Clerk re #36 MOTION to Intervene. **1. Filing attorney should have selected No at the question 'Is this an Exparte/Consent Motion Y/N?'. Clerk took corrective action to set motion for submission on 05/24/2023 before JudgeDonna Phillips Currault. No further action is necessary. **2. Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the Magistrate Judge. Clerk took corrective action. **
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Filing 36
MOTION to Intervene by First Horizon Bank. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 5/24/2023. (Attachments: #1 Memorandum in Support, #2 7.6 Certificate, #3 Notice of Submission, #4 Complaint, #5 Verification, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11, #17 Exhibit 12, #18 Exhibit 13, #19 Exhibit 14, #20 Exhibit 15)Attorney Lacey E. Rochester added to party First Horizon Bank(pty:intv).(Rochester, Lacey) Modified text/added referral/added submission date on 5/4/2023 (am).
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Filing 35
**DEFICIENT**EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Edward Peterson (Fee previously paid) by Magee Builders LLC, Magee Development LLC, Magee Equipment LLC, Magee Excavation & Development LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Affidavit, #4 ECF Authorization, #5 Proposed Order)(Landis, Michael) Modified on 5/3/2023 (am).
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Filing 34
**DEFICIENT**EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-9918238) by Magee Builders LLC, Magee Development LLC, Magee Equipment LLC, Magee Excavation & Development LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Affidavit, #4 E File)(Landis, Michael) Modified text on 5/2/2023 (am).
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Filing 33
Correction of Docket Entry by Clerk re #31 Request for Subpoenas. **Document marked as filed in error. Advised attorney to sign and serve the subpoena then file the return on the record.** (am)
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Filing 32
**DEFICIENT**EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Admission of Edward Peterson to Appear Pro Hac Vice by Magee Builders LLC, Magee Development LLC, Magee Equipment LLC, Magee Excavation & Development LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Landis, Michael) Modified text on 5/1/2023 (am).
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Filing 31
**FILED IN ERROR**Request for Subpoenas. 1 subpoenas issued by Western Surety Company. (Attachments: #1 Exhibit)(Cavignac, Jason) Modified on 5/1/2023 (am).
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Filing 30
RESPONSE/MEMORANDUM in Opposition filed by Magee Builders LLC, Magee Development LLC, Magee Equipment LLC, Magee Excavation & Development LLC re #23 MOTION for Preliminary Injunction . (Attachments: #1 Exhibit 1)(Draper, Douglas)
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Filing 29
RESPONSE/MEMORANDUM in Opposition filed by Jessica A Magee, Skip C Magee re #23 MOTION for Preliminary Injunction . (Wiley, Joseph)
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Filing 28
**DEFICIENT**RESPONSE/MEMORANDUM in Opposition filed by Magee Builders LLC, Magee Development LLC, Magee Equipment LLC, Magee Excavation & Development LLC re #23 MOTION for Preliminary Injunction . (Attachments: #1 Exhibit Declaration)(Draper, Douglas) Modified text on 4/27/2023 (am).
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Filing 27
ORDER: Granting #24 Request for Oral Agrument on #23 MOTION for Preliminary Injunction : Motion Hearing with Oral Argument set for 5/4/2023 01:30 PM before Judge Barry W Ashe.Signed by Judge Barry W Ashe on 04/24/2023.(am)
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Filing 26
ORDER granting #25 Motion for Extension of Time to Answer; answer due 5/15/2023. Signed by Judge Barry W Ashe on 4/19/2023. (clc)
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Filing 25
EXPARTE/CONSENT Joint MOTION for Extension of Deadlines of Time to Plead by Magee Builders LLC, Magee Development LLC, Magee Equipment LLC, Magee Excavation & Development LLC. (Attachments: #1 Proposed Order)Attorney Douglas Scott Draper added to party Magee Builders LLC(pty:dft), Attorney Douglas Scott Draper added to party Magee Development LLC(pty:dft), Attorney Douglas Scott Draper added to party Magee Equipment LLC(pty:dft), Attorney Douglas Scott Draper added to party Magee Excavation & Development LLC(pty:dft).(Draper, Douglas)
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Filing 24
Request/Statement of Oral Argument by Western Surety Company regarding #23 MOTION for Preliminary Injunction (Cavignac, Jason)
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Filing 23
MOTION for Preliminary Injunction by Western Surety Company. Motion(s) will be submitted on 5/4/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Notice of Submission)(Cavignac, Jason)
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Filing 22
SUMMONS Returned Executed; Jessica A Magee served on 4/3/2023, answer due 4/24/2023. (Attachments: #1 Exhibit)(Cavignac, Jason) Modified text on 4/7/2023 (cwa).
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Filing 21
SUMMONS Returned Executed; Skip C Magee served on 4/3/2023, answer due 4/24/2023. (Attachments: #1 Exhibit)(Cavignac, Jason) Modified text on 4/7/2023 (cwa).
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Filing 20
SUMMONS Returned Executed; Magee Development LLC served on 4/3/2023, answer due 4/24/2023. (Cavignac, Jason) Modified text on 4/7/2023 (cwa).
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Filing 19
SUMMONS Returned Executed; Magee Equipment LLC served on 4/3/2023, answer due 4/24/2023. (Cavignac, Jason) Modified text on 4/7/2023 (cwa).
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Filing 18
SUMMONS Returned Executed; Magee Builders LLC served on 4/3/2023, answer due 4/24/2023. (Cavignac, Jason) Modified text on 4/7/2023 (cwa).
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Filing 17
SUMMONS Returned Executed; Magee Excavation & Development LLC served on 4/3/2023, answer due 4/24/2023. (Cavignac, Jason) Modified text on 4/7/2023 (cwa).
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Filing 16
**DEFICIENT**SUMMONS Returned Executed; Skip C Magee served on 4/3/2023, answer due 4/24/2023. (Attachments: #1 Exhibit)(Cavignac, Jason) Modified on 4/5/2023 (am).
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Filing 15
**DEFICIENT**SUMMONS Returned Executed; Jessica A Magee served on 4/3/2023, answer due 4/24/2023. (Attachments: #1 Exhibit)(Cavignac, Jason) Modified on 4/5/2023 (am).
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Filing 14
**DEFICIENT**SUMMONS Returned Executed; Magee Excavation & Development LLC served on 4/3/2023, answer due 4/24/2023. (Cavignac, Jason) Modified on 4/5/2023 (am).
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Filing 13
**DEFICIENT**SUMMONS Returned Executed; Magee Equipment LLC served on 4/3/2023, answer due 4/24/2023. (Cavignac, Jason) Modified on 4/5/2023 (am).
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Filing 12
**DEFICIENT**SUMMONS Returned Executed; Magee Development LLC served on 4/3/2023, answer due 4/24/2023. (Cavignac, Jason) Modified on 4/5/2023 (am).
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Filing 11
**DEFICIENT**SUMMONS Returned Executed; Magee Builders LLC served on 4/3/2023, answer due 4/24/2023. (Cavignac, Jason) Modified text on 4/5/2023 (am).
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Filing 10
Correction of Docket Entry by Clerk re #3 through #8 Summons Submitted for Issuance. **Filing attorney did not properly format the pdf of Summons. The pdf should not have the purple fillable boxes nor the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk took corrective action.** (am)
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Filing 9
Summons Issued as to Jessica A Magee, Skip C Magee, Magee Builders LLC, Magee Development LLC, Magee Equipment LLC, Magee Excavation & Development LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(am)
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Filing 8
Summons Submitted for Issuance (Cavignac, Jason) (Main Document 8 replaced on 3/31/2023) (am).
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Filing 7
Summons Submitted for Issuance (Cavignac, Jason) (Main Document 7 replaced on 3/31/2023) (am).
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Filing 6
Summons Submitted for Issuance (Cavignac, Jason) (Main Document 6 replaced on 3/31/2023) (am).
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Filing 5
Summons Submitted for Issuance (Cavignac, Jason) (Main Document 5 replaced on 3/31/2023) (am).
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Filing 4
Summons Submitted for Issuance (Cavignac, Jason) (Main Document 4 replaced on 3/31/2023) (am).
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Filing 3
Summons Submitted for Issuance (Cavignac, Jason) (Main Document 3 replaced on 3/31/2023) (am).
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Filing 2
Initial Case Assignment to Judge Barry W Ashe and Magistrate Judge Donna Phillips Currault. (mb)
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Filing 1
COMPLAINT against Western Surety Company (Fee previously paid) filed by Western Surety Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)Attorney Jason A. Cavignac added to party Western Surety Company(pty:pla).(Cavignac, Jason)
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Filing fee received from Jason A. Cavignac: Receipt No. ALAEDC-9870397 $ 402.00 (mb)
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