La Belle Maison Associates LLC et al v. Amrisc, LP et al
| La Belle Maison Associates LLC, Bou Mikael Enterprises Inc and Sami Bou-Mikael |
| Amrisc, LP, HDI Global Specialty SE, Old Republic Insurance Company, Transverse Specialty Insurance Company, Sedgwick Claims Management Services, United Specialty Insurance Company, Certain Underwriters at Lloyd's London, Lexington Insurance Company and Old Republic Union Insurance Company |
| Marta Bou-Mikael |
| Certain Underwriters at Lloyd's, London, Indian Harbor Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, General Security Indemnity Company of Arizona and GeoVera Specialty Insurance Company |
| Hurricane Ida Program Administrator |
| 2:2023cv06440 |
| October 20, 2023 |
| US District Court for the Eastern District of Louisiana |
| Barry W Ashe |
| Michael North |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0205 - Enforcement of Foreign Arbitral Awards |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.
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Filing 40
Correction of Docket Entry by Clerk re #39 Notice of Appearance. **Document has been stricken. Notice of Appearance is not the proper form to request representation of a party. Motion to Enroll should be filed with a Proposed Order.** (am)
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Filing 39
**STRICKEN**NOTICE of Appearance by Artis G. Ulmer, III on behalf of Sedgwick Claims Management Services. (Ulmer, Artis) Modified on 12/18/2023 (am).
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Filing 38
ORDER: ORDERED that plaintiffs' #24 motion for leave to amend their complaint is DISMISSED without prejudice to their refiling it if this Court regains jurisdiction. Signed by Judge Barry W Ashe on 12/8/2023. (clc)
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Filing 37
NOTICE OF APPEAL by All Plaintiffs as to #15 Order on Motion to Compel Arbitration. (Filing fee $ 605, receipt number ALAEDC-10308501.) (Crane, Thea)
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Filing 36
RESPONSE/MEMORANDUM in Opposition filed by Amrisc, LP re #24 First MOTION for Leave to File Amended Pleadings . (Yanez, Leopoldo)
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Filing 35
RESPONSE/MEMORANDUM in Opposition filed by Sedgwick Claims Management Services re #24 First MOTION for Leave to File Amended Pleadings . (Ulmer, Artis)
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Filing 34
ORDER & REASONS: ORDERED that Plaintiffs' #16 motion for reconsideration is DENIED as to the Insurer Defendants' motion to compel arbitration. FURTHER ORDERED that the motion is DENIED as to the claims alleged in the operative complaint against Sedgwick and Amrisc. FURTHER ORDERED that the STAY IS LIFTED for the limited purpose of allowing full briefing and consideration of Plaintiffs' opposed #24 motion for leave to file an amended complaint to attempt to allege claims against Sedgwick and Amrisc. Signed by Judge Barry W Ashe on 11/30/2023. (clc)
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Filing 33
REPLY to Response to Motion filed by Amrisc, LP re #8 MOTION to Dismiss for Failure to State a Claim . (clc)
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Filing 32
ORDER granting #31 Motion for Leave to File Reply. Signed by Judge Barry W Ashe on 11/30/2023. (clc)
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Filing 31
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Response to Plaintiffs Untimely Opposition to 12(b)(6) Motion to Dismiss by Amrisc, LP. (Attachments: #1 Proposed Pleading Exhibit 1, #2 Proposed Order)(Yanez, Leopoldo)
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Filing 30
REPLY to Response to Motion filed by Certain Underwriters at Lloyd's London, General Security Indemnity Company of Arizona, GeoVera Specialty Insurance Company, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, Transverse Specialty Insurance Company, United Specialty Insurance Company re #7 MOTION to Compel Arbitration and Stay Proceedings. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(clc)
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Filing 29
RESPONSE/MEMORANDUM in Opposition filed by Amrisc, LP re #16 First MOTION for Leave to File OppositionsFirst MOTION for Reconsideration re #15 Order on Motion to Compel Arbitration,,, Order on Motion to Dismiss/Failure to State a Claim,,,,, ; "AmRisc Opposition to Plaintiffs' Motion for Relief from Judgment". (Yanez, Leopoldo)
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Filing 28
ORDER granting #26 Motion for Leave to File Reply. Signed by Judge Barry W Ashe on 11/22/2023. (clc)
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Filing 27
RESPONSE/MEMORANDUM in Opposition filed by Certain Underwriters at Lloyd's London, General Security Indemnity Company of Arizona, GeoVera Specialty Insurance Company, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, Transverse Specialty Insurance Company, United Specialty Insurance Company re #16 First MOTION for Leave to File OppositionsFirst MOTION for Reconsideration re #15 Order on Motion to Compel Arbitration,,, Order on Motion to Dismiss/Failure to State a Claim,,,,, ; . (Attachments: #1 Exhibit)(Rew, Phillip)
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Filing 26
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Certain Underwriters at Lloyd's London, General Security Indemnity Company of Arizona, GeoVera Specialty Insurance Company, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, Transverse Specialty Insurance Company, United Specialty Insurance Company. (Attachments: #1 Proposed Pleading, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proposed Order)(Rew, Phillip)
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Filing 25
Correction of Docket Entry by Clerk re #24 First MOTION for Leave to File Amended Pleadings. ** Filing attorney selected incorrect submission/hearing date. Correct date is 12/14/2023. Clerk took corrective action.** (clc)
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Filing 24
First MOTION for Leave to File Amended Pleadings by La Belle Maison Associates LLC. Motion(s) will be submitted on 12/14/2023. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading, #3 Exhibit EXH B- ATTY CORRESPONDENCE, #4 Notice of Submission, #5 Proposed Order)(Crane, Thea) Modified submission date on 11/21/2023 (clc).
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Filing 23
RESPONSE/MEMORANDUM in Opposition filed by Sedgwick Claims Management Services re #16 Motion for Relief from Judgment pursuant to FRCP 59E and 60B and for leave of Court to file a late response . (Ulmer, Artis) Modified on 11/21/2023 (am).
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Filing 22
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #14 MOTION to Dismiss for Failure to State a Claim (remedy for deficient doc 20). (Attachments: #1 Notice of Submission)(Crane, Thea)
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Filing 21
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #8 MOTION to Dismiss for Failure to State a Claim (remedy for deficient doc 19). (Attachments: #1 Notice of Submission)(Crane, Thea)
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Filing 20
**DEFICIENT** RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #14 MOTION to Dismiss for Failure to State a Claim . (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Crane, Thea) Modified on 11/14/2023 (clc).
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Filing 19
**DEFICIENT** RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #8 MOTION to Dismiss for Failure to State a Claim . (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Crane, Thea) Modified on 11/14/2023 (clc).
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Filing 18
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #7 MOTION to Compel Arbitration and Stay Proceedings . (Attachments: #1 Notice of Submission )(Crane, Thea)
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Filing 17
Correction of Docket Entry by Clerk re #16 First MOTION for Leave to File. **Filing attorney selected incorrect submission date. Section M's next valid submission date is 11/30/2023. Clerk took corrective action. Expedited consideration must be requested via a separate motion.** (clc)
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Filing 16
Motion for Relief from Judgment pursuant to FRCP 59E and 60B and for leave of Court to file a late response by La Belle Maison Associates LLC. Motion(s) will be submitted on 11/30/2023. (Attachments: #1 Memorandum in Support , #2 Notice of Submission , #3 Proposed Order)(Crane, Thea) Modified text on 11/13/2023 (clc).
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Filing 15
ORDER & REASONS: ORDERED that Amrisc's #8 motion to dismiss is GRANTED, and Plaintiffs' claims against it are DISMISSED. FURTHER ORDERED that Sedgwick's #14 motion to dismiss is GRANTED, and Plaintiffs' claims against it are DISMISSED. ORDERED that the Defendant Insurers' #7 motion to compel arbitration and stay proceedings is GRANTED, and this matter is STAYED and ADMINISTRATIVELY CLOSED while the parties pursue arbitration. Any party may move to reopen these proceedings, if necessary, once arbitration is complete. Signed by Judge Barry W Ashe on 11/9/2023. (clc)
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Filing 14
MOTION to Dismiss for Failure to State a Claim by Sedgwick Claims Management Services. Motion(s) submitted on 11/16/2023. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Wilkin, Bruce) Modified text on 11/2/2023 (clc).
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Filing 13
**DEFICIENT**EXPARTE/CONSENT MOTION to Dismiss for Failure to State a Claim (Corrected) by Sedgwick Claims Management Services. (Attachments: #1 Proposed Order)(Wilkin, Bruce) Modified on 10/31/2023 (am).
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Filing 12
**DEFICIENT**NOTICE by Sedgwick Claims Management Services re #10 MOTION to Dismiss for Failure to State a Claim (Submission). (Wilkin, Bruce) Modified on 10/31/2023 (am).
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Filing 11
RESPONSE/MEMORANDUM in Support filed by Sedgwick Claims Management Services re #10 MOTION to Dismiss for Failure to State a Claim . (Wilkin, Bruce)
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Filing 10
**FILED IN ERROR SEE REC. DOC. 11**EXPARTE/CONSENT MOTION to Dismiss for Failure to State a Claim by Sedgwick Claims Management Services. (Attachments: #1 Proposed Order)Attorney Bruce R. Wilkin added to party Sedgwick Claims Management Services(pty:dft).(Wilkin, Bruce) Modified on 10/31/2023 (am). Modified on 10/31/2023 (am).
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Filing 9
Statement of Corporate Disclosure by Amrisc, LP identifying Corporate Parent Truist Financial Corporation, Corporate Parent Truist Insurance Holdings, Inc., Corporate Parent Truist Bank for Amrisc, LP (Yanez, Leopoldo)
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Filing 8
MOTION to Dismiss for Failure to State a Claim by Amrisc, LP. Motion(s) will be submitted on 11/16/2023. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Yanez, Leopoldo)
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Filing 7
MOTION to Compel Arbitration and Stay Proceedings by Certain Underwriters at Lloyd's London, General Security Indemnity Company of Arizona, GeoVera Specialty Insurance Company, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, Transverse Specialty Insurance Company, United Specialty Insurance Company. Motion(s) will be submitted on 11/16/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Policy excerpts, #3 Exhibit 2 - Arbitration Clause, #4 Exhibit 3 - Settlement Clause, #5 Notice of Submission)Attorney Phillip J. Rew added to party Transverse Specialty Insurance Company(pty:dft).(Rew, Phillip)
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Filing 6
HURRICANE IDA CLAIMS THIRD AMENDMENT TO CASE MANAGEMENT ORDER NO. 1. Signed by Chief Judge Nannette Jolivette Brown on 09/14/2023.(am)
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Filing 5
Directive of the Clerk regarding compliance with 28:1447(b) re #3 Notice of Removal. By the Clerk.(am)
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Filing 4
Initial Case Assignment to Judge Barry W Ashe and Magistrate Judge Michael North. (kls)
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Filing 3
NOTICE OF REMOVAL from 24th Judicial District Court, case number 846-120 (Fee previously paid) filed by HDI Global Specialty SE, Certain Underwriters at Lloyd's, London. (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - Arbitration Clause, #3 Exhibit C - Policy, #4 Exhibit D - letter, #5 Exhibit E - Consents, #6 Civil Cover Sheet)(Rew, Phillip)
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Filing 2
ANSWER to #1 Notice of Removal,, , COUNTERCLAIM against Bou Mikael Enterprises Inc, Marta Bou-Mikael, Sami Bou-Mikael, La Belle Maison Associates LLC by HDI Global Specialty SE, Indian Harbor Insurance Company, United Specialty Insurance Company, GeoVera Specialty Insurance Company, Certain Underwriters at Lloyd's, London, Steadfast Insurance Company, Old Republic Insurance Company, Transverse Specialty Insurance Company, QBE Specialty Insurance Company, General Security Indemnity Company of Arizona. (Attachments: #1 Exhibit 1 - Arbitration Clause, #2 Exhibit 2 - Policy)Attorney Phillip J. Rew added to party General Security Indemnity Company of Arizona(pty:dft), Attorney Phillip J. Rew added to party GeoVera Specialty Insurance Company(pty:dft), Attorney Phillip J. Rew added to party Indian Harbor Insurance Company(pty:dft), Attorney Phillip J. Rew added to party Old Republic Insurance Company(pty:dft), Attorney Phillip J. Rew added to party QBE Specialty Insurance Company(pty:dft), Attorney Phillip J. Rew added to party Steadfast Insurance Company(pty:dft), Attorney Phillip J. Rew added to party Transverse Specialty Insurance Company(pty:dft), Attorney Phillip J. Rew added to party United Specialty Insurance Company(pty:dft).(Rew, Phillip)
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Filing 1
**FILED IN ERROR - SEE REC. DOC. 3**NOTICE OF REMOVAL from 24th Judicial District Court, case number 846-120 (Filing fee $ 402 receipt number ALAEDC-10232655) filed by HDI Global Specialty SE, Certain Underwriters at Lloyd's, London. (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - Arbitration Clause, #3 Exhibit C - Policy, #4 Exhibit D - letter, #5 Exhibit E - Consents, #6 Civil Cover Sheet)Attorney Phillip J. Rew added to party Certain Underwriters at Lloyd's, London(pty:dft), Attorney Phillip J. Rew added to party HDI Global Specialty SE(pty:dft).(Rew, Phillip) Modified on 10/24/2023 (am).
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