Design Precast & Pipe, Inc. v. Brown Industrial Construction, LLC et al
| United States Fire Insurance Company |
| Design Precast & Pipe, Inc. |
| Brown Industrial Construction, LLC |
| 2:2023cv01135 |
| April 3, 2023 |
| US District Court for the Eastern District of Louisiana |
| Janis van Meerveld |
| Wendy B Vitter |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on May 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 Correction of Docket Entry by Clerk re #28 Answer to Complaint, Counterclaim. **Document marked FILED IN ERROR- SEE CORRECT FILING, REC. DOC. 29.** (mmv) |
| Filing 29 ANSWER to #1 Complaint with Jury Demand, COUNTERCLAIM with Jury Demand against Design Precast & Pipe, Inc. by United States Fire Insurance Company, Brown Industrial Construction, LLC.(Gambino, Anthony) Modified text on 5/16/2023 (mmv). |
| Filing 28 **FILED IN ERROR- SEE CORRECT FILING, REC. DOC. 29** ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM with Jury Demand against Design Precast & Pipe, Inc. by United States Fire Insurance Company, Brown Industrial Construction, LLC.(Gambino, Anthony) Modified on 5/16/2023 (mmv). |
Filing 27
ORDER: IT IS HEREBY ORDERED that the #26 Motion is GRANTED. IT IS FURTHER ORDERED that Melanie Mitchell be granted pro hac vice admission and be permitted to appear as additional counsel of record for all purposes on behalf of Plaintiff Design Precast & Pipe, Inc. in the above-captioned case. Signed by Judge Wendy B Vitter on 4/25/2023. (Attachments: #1 Notice PHV Attorney) (mmv)
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| Filing 26 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Melanie Mitchell (Fee previously paid) by Design Precast & Pipe, Inc. (Attachments: #1 Certificate of Good Standing, #2 Affidavit of Melanie Mitchell, #3 Consent to Electronic Filing Form, #4 Proposed Order)(McDade, Matthew) Modified text on 4/25/2023 (mmv). |
| Filing 25 **DEFICIENT** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Melanie Mitchell (Filing fee $ 100 receipt number ALAEDC-9907585) by Design Precast & Pipe, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Consent to Electronic Filing Form, #3 Proposed Order)(McDade, Matthew) Modified text on 4/25/2023 (mmv). |
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Filing 24
TEXT ORDER (No PDF Document Attached) granting #22 Motion for Extension of Time to Answer re #22 MOTION for Extension of Time to Answer re #1 Complaint as to Brown Industrial Construction, LLC answer due 5/15/2023; United States Fire Insurance Company answer due 5/15/2023. IT IS HEREBY ORDERED that the Defendants, Brown Industrial Construction, LLC and United States Fire Insurance Company, shall have until May 15, 2023 to file any responsive pleadings in this matter. Signed by Judge Wendy B Vitter on 4/18/2023. (ctc)
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| Filing 23 Correction of Docket Entry by Clerk re #22 MOTION for Extension of Time to Answer re #1 Complaint . **Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' or by selecting a related document on other appropriate screen. Clerk took corrective action by linking document to document.** (mmv) |
| Filing 22 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Complaint by Brown Industrial Construction, LLC, United States Fire Insurance Company. (Attachments: #1 Proposed Order)(Gambino, Anthony) Modified text on 4/17/2023 (mmv). |
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Filing 21
TEXT ORDER (No PDF Document Attached) granting #20 Motion to Withdraw as Attorney. Attorney Lauren Reeder McCrory and James Grady Wyly, III terminated; granting #20 Motion to Enroll as Counsel of Record. IT IS HEREBY ORDERED that Kelsey Kornick Funes, Brad M. Boudreaux, Anthony J. Gambino Jr., and Jordan P. Zeringue be enrolled as counsel of record for Defendant United States Fire Insurance Company in the above-captioned matter. IT IS FURTHER ORDERED that James Grady Wyly, III and Lauren Reeder McCrory be withdrawn as counsel of record for Defendant United States Fire Insurance Company in the above-captioned matter. Signed by Judge Wendy B Vitter on 4/14/2023. (ctc)
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| Filing 20 EXPARTE/CONSENT MOTION to Withdraw James Grady Wyly, Lauren Reeder McCrory as Attorney , MOTION to Enroll as Counsel of Record Kelsey Funes, Anthony Gambino, Brad Boudreaux, Jordan Zeringue by United States Fire Insurance Company. (Attachments: #1 Proposed Order) Attorney Anthony John Gambino added to party United States Fire Insurance Company(pty:dft).(Gambino, Anthony) Modified text on 4/14/2023 (mmv). |
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Filing 19
TEXT ORDER (No PDF Document Attached) granting #18 Motion to Enroll as Counsel of Record ; granting #18 Motion to Withdraw as Attorney. Attorney Lauren Reeder McCrory and James Grady Wyly, III terminated. IT IS HEREBY ORDERED that Kelsey Kornick Funes, Brad M. Boudreaux, Anthony J. Gambino Jr., and JordanP. Zeringue be enrolled as counsel of record for Defendant Brown IndustrialConstruction, LLC in the above-captioned matter. IT IS FURTHER ORDERED that James Grady Wyly, III and Lauren Reeder McCrory be withdrawn as counsel of record for Defendant Brown Industrial Construction, LLC in the above-captioned matter. Signed by Judge Wendy B Vitter on 4/14/2023. (ctc)
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| Filing 18 EXPARTE/CONSENT MOTION to Withdraw and Enroll as Counsel of Record enroll Kelsey Kornick Funes (LA Bar No. 25133), Brad M. Boudreaux (LA Bar No. 30404), Anthony J. Gambino Jr. (LA Bar No. 37129), and Jordan P. Zeringue (LA Bar No. 40122) of Phelps Dunbar, withdraw James Grady Wyly, III and Lauren Reeder McCrory of Phelps Dunbar by Brown Industrial Construction, LLC. (Attachments: #1 Proposed Order) Attorney Anthony John Gambino added to party Brown Industrial Construction, LLC(pty:dft).(Gambino, Anthony) Modified text on 4/14/2023 (mmv). |
| Filing 17 Case transferred in from District of Mississippi Southern; Case Number 1:22-cv-00148. Electronic file certified copy of transfer order and docket sheet received (my) |
| Filing 16 FINAL JUDGMENT: The Clerk of Court is directed to transfer this case to the United States District for the Eastern District of Louisiana. This case is closed. Signed by District Judge Taylor B. McNeel on 3/31/2023 (PKS) [Transferred from mssd on 4/3/2023.] |
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Filing 15
Memorandum Opinion and Order re #7 MOTION to Dismiss is denied and re MOTION to Change Venue is granted. This case is transferred to the United States District Court for the Eastern District of Louisiana. Signed by District Judge Taylor B. McNeel on 3/31/2023 (PKS) [Transferred from mssd on 4/3/2023.]
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| Emailed IT Department to electronically transfer case to the United States District Court for the Eastern District of Louisiana. Clerk will docket confirmation email when received from the Eastern District of Louisiana. (PKS) [Transferred from mssd on 4/3/2023.] |
| District Transfer Out to the Eastern District of Louisiana (PKS) [Transferred from mssd on 4/3/2023.] |
| Filing 14 REPLY to Response to Motion re #7 MOTION to Dismiss or, in the Alternative, MOTION to Change Venue filed by Brown Industrial Construction, LLC, United States Fire Insurance Company (McCrory, Lauren) [Transferred from mssd on 4/3/2023.] |
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TEXT ONLY ORDER granting Defendant's #13 Motion for Extension of Time. Defendant's reply in support of its #7 Motion to Dismiss is now due by 9/09/2022. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Signed by District Judge Taylor B. McNeel on 09/08/2022. (JDP) [Transferred from mssd on 4/3/2023.]
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss or, in the Alternative, MOTION to Change Venue by Brown Industrial Construction, LLC, United States Fire Insurance Company (McCrory, Lauren) [Transferred from mssd on 4/3/2023.] |
| Filing 12 MEMORANDUM in Opposition re #7 MOTION to Dismiss, or in the Alternative, MOTION to Change Venue filed by Design Precast & Pipe, Inc. (McDade, Matthew) [Transferred from mssd on 4/3/2023.] |
| Filing 11 RESPONSE in Opposition re #7 MOTION to Dismiss, or in the Alternative, MOTION to Change Venue filed by Design Precast & Pipe, Inc. (Attachments: #1 Exhibit A - Affidavit of Christopher Fore, #2 Exhibit A-1 - Quote, #3 Exhibit A-2 Purchase Agreement, #4 Exhibit A-3 Email String, #5 Exhibit B - MS Dept of Insurance Printout) (McDade, Matthew) [Transferred from mssd on 4/3/2023.] |
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TEXT ONLY ORDER granting Plaintiff's #10 Motion for Extension of Time to File Response as to #7 Defendant's Motion to Dismiss, or in the Alternative, to Transfer Venue. The Plaintiff has until 8/26/2022 to file their Response. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Signed by District Judge Taylor B. McNeel on 08/22/2022. (JDP) [Transferred from mssd on 4/3/2023.]
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| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss, or in the Alternative, MOTION to Change Venue by Design Precast & Pipe, Inc. (McDade, Matthew) [Transferred from mssd on 4/3/2023.] |
| Filing 9 NOTICE of Appearance by Melanie B, Mitchell on behalf of Design Precast & Pipe, Inc. (Mitchell, Melanie) [Transferred from mssd on 4/3/2023.] |
| Docket Annotation as to Doc. #7. This document requests two motion reliefs. Each motion relief should be selected from the list of motion titles or each relief docketed separately. It is not necessary to refile as court staff has made the necessary correction by adding the alternative relief to "change venue". Attorney is advised to follow this procedure in future filings. (wld) [Transferred from mssd on 4/3/2023.] |
| Filing 8 MEMORANDUM in Support re #7 MOTION to Dismiss, or in the Alternative, MOTION to Change Venue filed by Brown Industrial Construction, LLC, United States Fire Insurance Company (McCrory, Lauren) [Transferred from mssd on 4/3/2023.] |
| Filing 7 MOTION to Dismiss, or in the Alternative, MOTION to Change Venue by Brown Industrial Construction, LLC, United States Fire Insurance Company (Attachments: #1 Affidavit A - Affidavit of Scott Brown) (McCrory, Lauren). Added MOTION to Change Venue on 8/8/2022 (wld). [Transferred from mssd on 4/3/2023.] |
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TEXT ONLY ORDER granting unopposed #6 Motion for Extension of Time to Answer. The defendants' new Answer deadline is August 5, 2022. No further written Order shall issue. Signed by Magistrate Judge Robert P. Myers, Jr. on July 13, 2022. (JC) [Transferred from mssd on 4/3/2023.]
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| Filing 6 Unopposed MOTION for Extension of Time to File Answer by Brown Industrial Construction, LLC, United States Fire Insurance Company (McCrory, Lauren) [Transferred from mssd on 4/3/2023.] |
| Filing 5 SUMMONS Returned Executed by Design Precast & Pipe, Inc.. (McDade, Matthew) [Transferred from mssd on 4/3/2023.] |
| Filing 4 SUMMONS Returned Executed by Design Precast & Pipe, Inc.. United States Fire Insurance Company served on 6/15/2022, answer due 7/6/2022. (McDade, Matthew) [Transferred from mssd on 4/3/2023.] |
| Filing 3 SUMMONS Returned Executed by Design Precast & Pipe, Inc.. Brown Industrial Construction, LLC served on 6/16/2022, answer due 7/7/2022. (McDade, Matthew) [Transferred from mssd on 4/3/2023.] |
| Filing 2 Summons Issued as to Brown Industrial Construction, LLC, United States Fire Insurance Company (2). (RLW) [Transferred from mssd on 4/3/2023.] |
| Filing 1 COMPLAINT against Brown Industrial Construction, LLC, United States Fire Insurance Company (Filing fee $402.00, receipt number 4859979), filed by Design Precast & Pipe, Inc. (Attachments: #1 Exhibit A - Project Contract, #2 Exhibit B - Statement of Claims, #3 Exhibit C - Bond for Removal of Lien, #4 Exhibit D - Demand Letter, #5 Civil Cover Sheet) (RLW) [Transferred from mssd on 4/3/2023.] |
| Remark: Original issued summonses for service and return were email to attorney. (RLW) [Transferred from mssd on 4/3/2023.] |
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