Moller v. Martian Sales, Inc., et al
| Kathleen Moller |
| Martian Sales, Inc., Jopen, LLC, Johnson Foods, LLC, LP IND., LLC, CAG Holdings, LLC, RMH Holdings, LLC, Olistica and Unidentified Parties |
| 2:2024cv00228 |
| January 24, 2024 |
| US District Court for the Eastern District of Louisiana |
| Donna Phillips Currault |
| Wendy B Vitter |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Wrongful Death |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 22, 2024. A more recent docket listing may be available from PACER.
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Filing 22
ORDER GRANTING #20 Motion to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Gwendolyn C. Payton is permitted to appear as a visiting attorney for and on behalf of defendants, LP Ind., LLC, CAG Holdings, LLC, and RMH Holdings, Inc. Signed by Judge Wendy B Vitter on 3/11/2024. (Attachments: #1 Pro Hac Notice) (pp)
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Filing 21
TEXT ORDER (No PDF Document Attached) GRANTING #19 Motion to Enroll as Counsel of Record. Hayley R. Ambler (La. Bar No. 25848), of the law firm Kilpatrick Townsend & Stockton LLP, shall be enrolled as counsel for defendants, LP Ind., LLC, CAG Holdings, LLC and RMH Holdings, Inc. Signed by Judge Wendy B Vitter on 3/11/24. (fml)
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| Filing 20 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Gwendolyn C. Payton (Fee previously paid) by CAG Holdings, LLC, LP IND., LLC, RMH Holdings, LLC. (Attachments: #1 Exhibit 1 - Certificate of Good Standing, #2 Exhibit 2 - Declaration of Gwendolyn C. Payton, #3 Proposed Order, #4 Consent to Electronic Filing Form)(Ambler, Hayley) Modified text on 3/8/2024 (mmv). |
| Filing 19 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Hayley R. Ambler (Bar No. 25848) by CAG Holdings, LLC, LP IND., LLC, RMH Holdings, LLC. (Attachments: #1 Proposed Order)Attorney Hayley R. Ambler added to party CAG Holdings, LLC(pty:dft), Attorney Hayley R. Ambler added to party LP IND., LLC(pty:dft), Attorney Hayley R. Ambler added to party RMH Holdings, LLC(pty:dft).(Ambler, Hayley) Modified text on 3/8/2024 (mmv). |
| Filing 18 **DEFICIENT** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Gwendolyn C. Payton (Filing fee $ 100 receipt number ALAEDC-10428476) by CAG Holdings, LLC, LP IND., LLC, RMH Holdings, LLC. (Attachments: #1 Exhibit 1 - Certificate of Good Standing, #2 Exhibit 2 - Declaration of Gwendolyn C. Payton, #3 Exhibit Consent to Electronic Filing Form, #4 Proposed Order)(Ambler, Hayley) Modified on 3/6/2024 (mmv). |
| Filing 17 **DEFICIENT** NOTICE of Appearance by Hayley R. Ambler on behalf of CAG Holdings, LLC, LP IND., LLC, RMH Holdings, LLC. Attorney Hayley R. Ambler added to party CAG Holdings, LLC(pty:dft), Attorney Hayley R. Ambler added to party LP IND., LLC(pty:dft), Attorney Hayley R. Ambler added to party RMH Holdings, LLC(pty:dft).(Ambler, Hayley) Modified on 3/6/2024 (mmv). |
| Filing 16 Correction of Docket Entry by Clerk re #13 , #14 and #15 Waivers of Service Executed. **Filing attorney entered incorrect date for the date waivers sent to party; waivers sent to LP IND., LLC on 2/8/2024, answer due 4/8/2024, CAG Holdings, LLC on 2/8/2024, answer due 4/8/2024 and RMH Holdings, LLC on 2/8/2024, answer due 4/8/2024. No further action is necessary.** (mmv) |
| Filing 15 WAIVER OF SERVICE Returned Executed; waiver sent to RMH Holdings, LLC on 2/8/2024, answer due 4/8/2024. (Wagar, Nelson) Modified text/waiver date on 2/27/2024 (mmv). |
| Filing 14 WAIVER OF SERVICE Returned Executed; waiver sent to CAG Holdings, LLC on 2/8/2024, answer due 4/8/2024. (Wagar, Nelson) Modified text/waiver date on 2/27/2024 (mmv). |
| Filing 13 WAIVER OF SERVICE Returned Executed; waiver sent to LP IND., LLC on 2/8/2024, answer due 4/8/2024. (Wagar, Nelson) Modified text/waiver date on 2/27/2024 (mmv). |
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Filing 12
ORDER: IT IS HEREBY ORDERED that the #10 , #11 Motions are GRANTED. Michael Cowgill and Tamara J. Williams are permitted to appear as visiting attorneys for and on behalf of plaintiff, Kathleen Moller. Signed by Judge Wendy B Vitter on 2/15/2024. (Attachments: #1 Notice to Visiting Attorneys) (mmv)
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| Filing 11 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Tamara J. Williams (Fee previously paid) by Kathleen Moller. (Attachments: #1 Statement in Support, #2 Oath, #3 Certificate of Good Standing, #4 Consent to Electronic Filing, #5 Proposed Order)(Wagar, Nelson) |
| Filing 10 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Michael Cowgill (Fee previously paid) by Kathleen Moller. (Attachments: #1 Statement Statement in Support, #2 Oath, #3 Certificate of Good Standing, #4 Consent to Electronic Filing, #5 Proposed Order)(Wagar, Nelson) |
| Filing 9 **DEFICIENT** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Tamara J. Williams (Filing fee $ 100 receipt number ALAEDC-10392761) by Kathleen Moller. (Attachments: #1 Statement Statement in Support, #2 Oath, #3 Certificate of Good Standing, #4 Proposed Order)(Wagar, Nelson) Modified on 2/7/2024 (mmv). |
| Filing 8 **DEFICIENT** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Michael Cowgill (Filing fee $ 100 receipt number ALAEDC-10392716) by Kathleen Moller. (Attachments: #1 Statement Statement in Support, #2 Oath, #3 Affidavit Certificate of Good Standing, #4 Proposed Order)(Wagar, Nelson) Modified on 2/7/2024 (mmv). |
| Filing 7 Second AMENDED COMPLAINT with Jury Demand filed pursuant to Order, rec. doc. 6 against CAG Holdings, LLC, Johnson Foods, LLC, Jopen, LLC, LP IND., LLC, Martian Sales, Inc., RMH Holdings, LLC filed by Kathleen Moller.(Wagar, Nelson) Modified text on 2/6/2024 (mmv). |
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Filing 6
ORDER:Before the Court is an Amended Complaint, filed by Kathleen Moller pursuant to the Court's January 25, 2024 Order. While the Amended Complaint adequately alleges the amount in controversy and properly alleges the citizenship of Moller and most of the defendants, it fails to properly allege the citizenship of defendant, Jopen, LLC. Accordingly, IT IS HEREBY ORDERED that the Amended Complaint be STRICKEN from the record for failure to comply with the Court's January 25, 2024 Order. IT IS FURTHER ORDERED that Plaintiff shall have seven (7) days from the date of this Order to file a comprehensive amended complaint, without further leave of Court, properly setting forth the citizenship particulars of all of the parties and alleging sufficient facts to show the amount in controversy was satisfied at the time of removal, as required to establish that the Court has diversity jurisdiction over this case under 28 U.S.C. 1332(a). Signed by Judge Wendy B Vitter on 2/2/24.(cg)
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| Filing 5 Rule 7.1 Disclosure Statement by Kathleen Moller (Wagar, Nelson) Modified text on 2/1/2024 (mmv). |
| Filing 4 *STRICKEN* AMENDED COMPLAINT with Jury Demand filed pursuant to Order, rec. doc. 3 against CAG Holdings, LLC, Johnson Foods, LLC, Jopen, LLC, LP IND., LLC, Martian Sales, Inc., RMH Holdings, LLC filed by Kathleen Moller.(Wagar, Nelson) Modified text on 2/1/2024 (mmv). Modified on 2/2/2024 (cg). |
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Filing 3
ORDER: IT IS HEREBY ORDERED that plaintiff, Kathleen Moller, shall have seven (7) days from the date of this Order to file a disclosure statement pursuant to Fed. R. Civ. P. 7.1(a)(2)10 and to file a comprehensive amended complaint, without further leave of Court, properly setting forth the citizenship particulars of all of the parties, as required to establish that the Court has diversity jurisdiction over this case under 28 U.S.C. 1332(a). The comprehensive amended pleading shall include all of Plaintiffs numbered allegations, as revised, supplemented, and/or amended, which will become the operative complaint in this matter without reference to any other document in the record. Failure to comply with this Order may result in dismissal of the Complaint. Signed by Judge Wendy B Vitter on 1/25/2024.(mmv)
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| Filing 2 Initial Case Assignment to Judge Wendy B Vitter and Magistrate Judge Donna Phillips Currault. (cc) |
| Filing 1 COMPLAINT with jury demand against All Defendants (Filing fee $ 405 receipt number ALAEDC-10373971) filed by Kathleen Moller. (Attachments: #1 Civil Cover Sheet)Attorney Nelson W. Wagar, III added to party Kathleen Moller(pty:pla).(Wagar, Nelson) |
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