MAPP, LLC v. Floor and Decor Outlets of America, Inc.
Plaintiff: MAPP, LLC
Defendant: Philadelphia Indemnity Insurance Company
Counter Claimant: Floor and Decor Outlets of America, Inc.
Case Number: 2:2024cv00444
Filed: February 21, 2024
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Karen Wells Roby
Referring Judge: Wendy B Vitter
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 18, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 18, 2024 Opinion or Order Filing 53 SCHEDULING ORDER as set forth in document. Bench Trial set for 2/11/2025 09:00 AM before Judge Wendy B Vitter. Final Pretrial Conference set for 1/23/2025 02:00 PM before Judge Wendy B Vitter. Telephone Status Conference set for 5/13/2024 11:00 AM before Judge Wendy B Vitter. All discovery must be completed by 11/25/2024. Signed by Judge Wendy B Vitter on 4/18/2024. (Attachments: #1 Rule 7.1 Disclosure Form, #2 Pretrial Notice Form)(mmv)
April 17, 2024 Filing 52 Supplemented Rule 7.1 Corporate Disclosure Statement by Floor and Decor Outlets of America, Inc. re #12 Statement of Corporate Disclosure, Certificate of Interested Parties (Fischer, Raymond) Modified text on 4/18/2024 (mmv).
March 27, 2024 Filing 51 Amended MOTION to Compel Arbitration and Dismiss Lawsuit and Alternative Motion to Stay Lawsuit by Floor and Decor Outlets of America, Inc. Motion(s) will be submitted on 4/30/2024. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Notice of Submission)(Fischer, Raymond) Modified text on 3/27/2024 (mmv).
March 26, 2024 Filing 50 **DEFICIENT** Amended MOTION to Compel Arbitration and Dismiss Lawsuit and Alternative Motion to Stay Lawsuit by Floor and Decor Outlets of America, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit)(Fischer, Raymond) Modified on 3/27/2024 (mmv).
March 21, 2024 Filing 49 NOTICE OF HEARING. A call-in scheduling conference is set for 4/18/2024 10:00 AM before case manager by telephone. By Clerk. Please follow the dial-in instructions provided in this notice.(blg)
March 21, 2024 Filing 48 Minute Entry for proceedings held before Judge Wendy B Vitter: Telephone Status Conference held on 3/21/2024. (mmm)
March 21, 2024 Filing 47 ANSWER to #23 Amended Complaint, by Philadelphia Indemnity Insurance Company.Attorney Hunter Ryan Bertrand added to party Philadelphia Indemnity Insurance Company(pty:dft).(Bertrand, Hunter)
March 19, 2024 Opinion or Order Filing 46 TEXT ORDER (No PDF Document Attached) At the request counsel, the Telephone Status Conference scheduled on Thursday, March 21, 2024 at 11:00 a.m. is RESCHEDULED to begin at 2:00 p.m. The dial information will remain the same. Signed by Judge Wendy B Vitter.(mf)
March 14, 2024 Opinion or Order Filing 45 TEXT ORDER (No PDF Document Attached) At the request of the Court, a Telephone Status Conference is scheduled on Thursday, March 21, 2024 at 11:00 a.m. To participate in the conference call, please promptly dial at 10:55 a.m. AT&T 877-848-7030; access code: 8415812#. The security code will be emailed to all parties of record. Signed by Judge Wendy B Vitter.(mf)
March 14, 2024 Filing 44 Correction of Docket Entry by Clerk re #43 Answer to Complaint (COUNTERCLAIM)- 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 18. (gla)
March 13, 2024 Filing 43 ANSWER to #18 COUNTERCLAIM by MAPP, LLC.(Madison, John) Modified on 3/14/2024 (gla).
March 13, 2024 Filing 42 First Amended ANSWER to #23 Amended Complaint, by Floor and Decor Outlets of America, Inc..(Fischer, Raymond)
February 22, 2024 Filing 41 Case transferred in from District of Louisiana Middle; Case Number 3:23-cv-00045. Electronic file certified copy of transfer order and docket sheet received (my)
February 21, 2024 Opinion or Order Filing 40 GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019.(JEG) [Transferred from lamd on 2/22/2024.]
February 21, 2024 Opinion or Order Filing 39 RULING AND ORDER granting #31 Motion to Transfer Venue. Case transferred to the Eastern District of Louisiana.The #17 Motion to Compel Arbitration and Dismiss Lawsuit and Alternatively Motion to Stay Lawsuit is denied without prejudice. Signed by Judge John W. deGravelles on 2/21/2024. (JEG) [Transferred from lamd on 2/22/2024.]
June 5, 2023 Filing 38 REPLY in Support of #31 Amended MOTION to Transfer Case to Eastern District of Louisiana filed by Floor and Decor Outlets of America, Inc.. (Fischer, Raymond) [Transferred from lamd on 2/22/2024.]
May 22, 2023 Filing 37 MEMORANDUM in Opposition to #31 Amended MOTION to Transfer Case to Eastern District of Louisiana filed by MAPP, LLC. (Madison, John) [Transferred from lamd on 2/22/2024.]
May 2, 2023 Opinion or Order Filing 36 ORDER granting #34 Joint Motion to Extend Time for Response and Memorandum in Support. The deadline for Defendant Philadelphia Indemnity Insurance Company torespond to Plaintiff MAPP, LLC's First #23 Supplemented, Restated and Amended Complaint in this matter, via answer or any other response or motion, including any Rule 12(b) motion, is extended to twenty-one (21) days after the Court rules on Defendant Floor and Decor Outlets of America, Inc.'s Motion to #17 Compel Arbitration. Signed by Magistrate Judge Erin Wilder-Doomes on 5/2/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from lamd on 2/22/2024.]
May 2, 2023 Filing 35 NOTICE of Briefing Schedule on #31 Amended MOTION to Transfer Case to Eastern District of Louisiana : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) [Transferred from lamd on 2/22/2024.]
May 1, 2023 Filing 34 Joint MOTION to Extend of Time Answer for Response to #23 Amended Complaint, by Floor and Decor Outlets of America, Inc. (Attachments: #1 Exhibit List, #2 Affidavit of Raymond Fischer, #3 Proposed Order Granting Joint Motion to Extend Time for Response)(Fischer, Raymond) Modified on 5/2/2023 to edit title of document and to remove duplicate description of attachments. (JEG). [Transferred from lamd on 2/22/2024.]
May 1, 2023 Filing 33 Exhibit List to #32 Reply to Response to Motion, by Floor and Decor Outlets of America, Inc. filed by Floor and Decor Outlets of America, Inc.. (Fischer, Raymond) Modified on 5/2/2023 to edit title of document (JEG). [Transferred from lamd on 2/22/2024.]
May 1, 2023 Filing 32 REPLY in Support of #17 MOTION to Compel Arbitration and Dismiss Lawsuit and Alternatively Motion to Stay Lawsuit MOTION to Stay filed by Floor and Decor Outlets of America, Inc.. (Attachments: #1 Exhibit Ex. 1 - Master Agreement, #2 Exhibit Ex. 2 - Declaration of Kevin Little, #3 Exhibit Ex. 3 - Email)(Fischer, Raymond) (Attachment 1 replaced on 5/1/2023) (EDC). Modified on 5/1/2023 to rotate pages. (EDC). [Transferred from lamd on 2/22/2024.]
May 1, 2023 Filing 31 Amended MOTION to Transfer Case to Eastern District of Louisiana by Floor and Decor Outlets of America, Inc. (Attachments: #1 Attachment Memorandum in Support of Defendant First Amended Motion to Transfer Venue)(Fischer, Raymond) [Transferred from lamd on 2/22/2024.]
April 21, 2023 Opinion or Order Filing 30 ORDER granting #29 Unopposed MOTION for Extension of Time to File Answer to F&D's Counterclaim for a period of ten (10) days after the Court rules on the pending Motion to Compel Arbitration. Signed by Magistrate Judge Erin Wilder-Doomes on 4/21/2023. (JEG) [Transferred from lamd on 2/22/2024.]
April 17, 2023 Filing 29 Unopposed MOTION for Extension of Time to File Answer to F&D's Counterclaim by MAPP, LLC (Attachments: #1 Proposed Pleading; Order)(Madison, John) [Transferred from lamd on 2/22/2024.]
April 17, 2023 Filing 28 MEMORANDUM in Opposition to #17 MOTION to Compel Arbitration and Dismiss Lawsuit and Alternatively Motion to Stay Lawsuit MOTION to Stay filed by MAPP, LLC. (Attachments: #1 Affidavit Declaration of Michael Polito)(Madison, John) [Transferred from lamd on 2/22/2024.]
April 12, 2023 Filing 27 SUMMONS Returned Executed by MAPP, LLC. Philadelphia Indemnity Insurance Company served on 4/12/2023, answer due 5/3/2023. (Madison, John) [Transferred from lamd on 2/22/2024.]
April 11, 2023 Filing 26 Minute Entry for proceedings held before Judge John W. deGravelles: Status Conference held on 4/11/2023. The Court advised counsel that Tara Madison, the wife of John M. Madison, III, is the Chief Deputy for the Middle District of Louisiana. Although this will have no effect upon the Court's conduct in this litigation, in order to avoid the appearance of impropriety, any party wishing the Court's recusal in this matter shall file a motion of recusal UNDER SEAL, conventionally by hand and in paper form, with the Clerk of Court on or before 4/25/2023. The #16 MOTION to Dismiss Rule 12b3 and Alternatively Motion to Transfer Venue filed by Floor and Decor Outlets of America, Inc. is DENIED without Prejudice. The The Motion to Compel Arbitration and Dismiss Lawsuit and Alternative Motion to Stay Lawsuit shall remain pending. (NLT) [Transferred from lamd on 2/22/2024.]
April 11, 2023 Filing 25 Summons Issued as to Philadelphia Indemnity Insurance Company. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (JEG) [Transferred from lamd on 2/22/2024.]
April 10, 2023 Filing 24 Summons Submitted as to Philadelphia Indemnity Insurance Company (Madison, John) (Main Document 24 replaced on 4/11/2023 to flatten document) (JEG). [Transferred from lamd on 2/22/2024.]
April 10, 2023 Filing 23 First Supplemental, Amended and Restated COMPLAINT against All Defendants, filed by MAPP, LLC. (Attachments: #1 Exhibit 1-Notice of Contract-Recorded, #2 Exhibit 2-Memo of Lease, #3 Exhibit 3-MAPP Jan 6 Lien Recorded, #4 Exhibit 4-MAPP Revised Lien Recorded, #5 Exhibit 5-Lien Bond 1_Recorded, #6 Exhibit 6-Lien Bond 2_Recorded)(Madison, John) Modified on 4/11/2023 to edit title of document. (JEG). [Transferred from lamd on 2/22/2024.]
March 31, 2023 Opinion or Order Filing 22 NOTICE AND ORDER: The April 13, 2023 scheduling conference is CANCELED considering the pending #16 Motion to Dismiss and/or Transfer Venue and the #17 Motion to Compel Arbitration and the status conference set before the district judge on April 11, 2023. The case will be reevaluated following the April 11 status conference. Signed by Magistrate Judge Erin Wilder-Doomes on 3/31/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) [Transferred from lamd on 2/22/2024.]
March 30, 2023 Filing 21 Joint STATUS REPORT by MAPP, LLC. (Madison, John) [Transferred from lamd on 2/22/2024.]
March 29, 2023 Filing 20 Notice to Counsel: Status Conference before the District Judge set for 4/11/2023 at 9:30 AM by video before Judge John W. deGravelles. Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.Participants must be in appropriate courtroom attire, seated in a private room or office, and using a camera that is stationary. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) [Transferred from lamd on 2/22/2024.]
March 29, 2023 Filing 19 NOTICE of Briefing Schedule on #16 MOTION to Dismiss Rule 12b3 and Alternatively Motion to Transfer Venue, #17 MOTION to Compel Arbitration and Dismiss Lawsuit and Alternatively Motion to Stay Lawsuit : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) [Transferred from lamd on 2/22/2024.]
March 28, 2023 Filing 18 ANSWER to #1 Complaint, , COUNTERCLAIM against MAPP, LLC by Floor and Decor Outlets of America, Inc..(Fischer, Raymond) [Transferred from lamd on 2/22/2024.]
March 28, 2023 Filing 17 MOTION to Compel Arbitration and Dismiss Lawsuit and Alternatively Motion to Stay Lawsuit by Floor and Decor Outlets of America, Inc. (Attachments: #1 Attachment Memo ISO Motion to Compel Arbitration and Dismiss Lawsuit, #2 Exhibit Exhibit 1 - Master Agreement)(Fischer, Raymond). Added MOTION to Stay on 3/29/2023 (NLT). [Transferred from lamd on 2/22/2024.]
March 28, 2023 Filing 16 MOTION to Dismiss Rule 12b3 and Alternatively Motion to Transfer Venue by Floor and Decor Outlets of America, Inc. (Attachments: #1 Attachment Memo ISO Motion to Dismiss)(Fischer, Raymond). Added MOTION to Transfer Case to on 3/29/2023 (NLT). [Transferred from lamd on 2/22/2024.]
March 8, 2023 Opinion or Order Filing 15 ORDER granting #14 Second Unopposed MOTION to Extend Time and Memorandum in Support for good cause shown. Floor and Decor Outlets of America, Inc. responsive pleadings due 3/28/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 3/8/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from lamd on 2/22/2024.]
March 7, 2023 Filing 14 Second MOTION for Extension of Time to File Answer to #1 Complaint, by Floor and Decor Outlets of America, Inc. (Attachments: #1 Proposed Pleading; Proposed Order)(Fischer, Raymond) [Transferred from lamd on 2/22/2024.]
February 23, 2023 Filing 13 NOTICE OF Pendency of Action by MAPP, LLC (Attachments: #1 Exhibit A- Property Description)(Madison, John) [Transferred from lamd on 2/22/2024.]
February 21, 2023 Filing 12 Corporate Disclosure Statement and Certificate of Interested Parties by Floor and Decor Outlets of America, Inc. identifying Corporate Parent FDO Acquisition Corp., Corporate Parent Floor & Decor Holdings, Inc. for Floor and Decor Outlets of America, Inc. (Fischer, Raymond) Modified on 2/22/2023 to reflect correct title of document (JEG). [Transferred from lamd on 2/22/2024.]
February 17, 2023 Opinion or Order Filing 11 ORDER granting #8 Unopposed Motion to Extend Time pursuant to Local Rule 7(a). Floor and Decor Outlets of America, Inc. responsive pleadings due 3/7/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 2/17/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from lamd on 2/22/2024.]
February 17, 2023 Filing 10 NOTICE OF DEFICIENCY with LR 7.1 as to #8 Motion for Extension of Time to File Answer. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (EDC) [Transferred from lamd on 2/22/2024.]
February 17, 2023 Filing 9 AFFIDAVIT in Support of #8 Unopposed MOTION for Extension of Time to File Answer to #1 Complaint, (Replacement for Dkt 8-1) filed by Floor and Decor Outlets of America, Inc.. (Fischer, Raymond) [Transferred from lamd on 2/22/2024.]
February 17, 2023 Filing 8 Unopposed MOTION for Extension of Time to File Answer to #1 Complaint, by Floor and Decor Outlets of America, Inc. (Attachments: #1 Exhibit 1 - Affidavit of Raymond Fischer, #2 Proposed Pleading; Proposed Order)(Fischer, Raymond) [Transferred from lamd on 2/22/2024.]
February 1, 2023 Opinion or Order Filing 7 SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 4/13/2023 at 02:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 3/30/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 2/1/2023. (BLR) [Transferred from lamd on 2/22/2024.]
February 1, 2023 Filing 6 R. Doc. 6 no longer exists. Docketed in error by courtroom deputy. (BLR) Modified on 2/1/2023 (BLR). [Transferred from lamd on 2/22/2024.]
January 30, 2023 Filing 5 SUMMONS Returned Executed by MAPP, LLC. Floor and Decor Outlets of America, Inc. served on 1/30/2023, answer due 2/21/2023. (Madison, John) [Transferred from lamd on 2/22/2024.]
January 27, 2023 Filing 4 Summons Issued as to Floor and Decor Outlets of America, Inc. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (JEG) [Transferred from lamd on 2/22/2024.]
January 27, 2023 Filing 3 Corporate Disclosure Statement by MAPP, LLC identifying Affiliate/Interested Person MAPP Group, LLC, Affiliate/Interested Person Mike Polito for MAPP, LLC.. (Madison, John) [Transferred from lamd on 2/22/2024.]
January 27, 2023 Filing 2 Certificate of Interested Persons by MAPP, LLC identifying Affiliate/Interested Person John M. Madison, III, Affiliate/Interested Person Kracht Madison Huddleston LLC, Affiliate/Interested Person Eric A. Kracht, Affiliate/Interested Person Jacob Huddleston, Affiliate/Interested Person MAPP, LLC, Affiliate/Interested Person Floor and Decor Outlets of America, Inc., Affiliate/Interested Person MAPP Group, LLC, Affiliate/Interested Person Chris Watermeier, Affiliate/Interested Person Justin Cain, Affiliate/Interested Person Mike Polito for MAPP, LLC.. (Madison, John) [Transferred from lamd on 2/22/2024.]
January 27, 2023 Filing 1 COMPLAINT against Floor and Decor Outlets of America, Inc. ( Filing fee $ 402 receipt number ALAMDC-2534890.), filed by MAPP, LLC. (Attachments: #1 Exhibit 1 - Notice of Contract, #2 Exhibit 2 - Memo of Lease, #3 Exhibit 3 - MAPP Lien, #4 Exhibit 4 - MAPP Revised Lien, #5 Attachment Civil Cover Sheet, #6 Attachment Summons)(Madison, John) (Attachment 5 and 6 replaced on 1/27/2023 to flatten documents) (JEG). [Transferred from lamd on 2/22/2024.]

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Plaintiff: MAPP, LLC
Represented By: John M. Madison, III
Represented By: Eric A. Kracht
Represented By: Gerald J. Asay
Represented By: Jacob Bowman Huddleston
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Counter claimant: Floor and Decor Outlets of America, Inc.
Represented By: Raymond Thompson Fischer
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Defendant: Philadelphia Indemnity Insurance Company
Represented By: Jennifer A. Fiore
Represented By: Erin G. Fonacier
Represented By: Hunter Ryan Bertrand
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