Employers Mutual Casualty Company v. Five Star Industrial, LLC et al
| Employers Mutual Casualty Company |
| Five Star Industrial, LLC, Five S Industrial, LLC, J. Lawton Company, LLC and William B. Lawton Family Limited Partnership |
| 3:2018cv01015 |
| November 15, 2018 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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| Document Text |
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| Filing 27 STATUS REPORT by Employers Mutual Casualty Company. (Bearden, Joseph) |
| Filing 26 REPLY to #22 Memorandum in Opposition to #16 Motion to Dismiss filed by Five S Industrial, LLC, Five Star Industrial, LLC. (Brown, Somer) Modified on 1/10/2019 to properly link document (KAH). |
Filing 25
ORDER: The #21 Motion to Substitute Second Amended Complaint for declaratory Judgment for, and in place of Original Complaint for Declaratory Judgment is GRANTED. The clerk is ORDERED to substitute the Second Amended Complaint for Declaratory Judgment Pursuant to 28 USC 2201 (R. Doc. 21-2) in the place of the original complaint (R. Doc. 1). Signed by Magistrate Judge Erin Wilder-Doomes on 1/2/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 24 NOTICE of Briefing Schedule on #23 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(6) : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 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 5 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) |
| Filing 23 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(6) by J. Lawton Company, LLC, William B. Lawton Family Limited Partnership. (Attachments: #1 Memorandum in Support of Motion to Dismiss Pursuant to Rule 12(b)(6), #2 Proposed Pleading; proposed Order)(Roan, Eric) |
| MOTION(S) REFERRED: #21 MOTION to Substitute Second Amended Complaint for Declaratory Judgment. This motion is now pending before the USMJ. (SWE) |
| Filing 22 MEMORANDUM in Opposition to #16 MOTION to Dismiss for Failure to State a Claim filed by Employers Mutual Casualty Company. (Attachments: #1 Exhibit A)(Bearden, Joseph) |
| Filing 21 MOTION to Substitute Second Amended Complaint for Declaratory Judgment by Employers Mutual Casualty Company. (Attachments: #1 Proposed Pleading; Order, #2 Proposed Pleading; Second Amended Complaint)(Bearden, Joseph) Modified on 12/27/2018 to edit the text(SWE). |
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Filing 20
NOTICE AND ORDER: The #13 Motion to Substitute Amended Complaint for Declaratory Judgment for, and in the place of, Original Complaint for Declaratory Judgment11 is DENIED. Employers Mutual Casualty Company shall file, within fourteen (14) days of this Notice and Order, a Motion to Substitute its Complaint for Declaratory Judgment Pursuant to 28 U.S.C. 2201 with a comprehensive Complaint that adequately alleges the citizenship of: (1) Five S Industrial, LLC; (2) Five Star Industrial, LLC; (3) J. Lawton Company, LLC; and (4) William B. Lawton Family Limited Partnership by setting out the citizenship of each entitys members. No further leave of court is required to file the Motion to Substitute. Signed by Magistrate Judge Erin Wilder-Doomes on 12/17/2018. (KAH)
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| Filing 19 NOTICE of Briefing Schedule on #16 MOTION to Dismiss for Failure to State a Claim : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 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 5 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) |
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Filing 18
ORDER granting #11 Ex Parte MOTION for Extension of Time to File Responsive Pleadings. Five S Industrial, LLC and Five Star Industrial, LLC answers due 1/2/2019. Signed by Magistrate Judge Erin Wilder-Doomes on 12/12/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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Filing 17
ORDER granting #10 Ex Parte Motion for Extension of Time to File Responsive Pleadings. J. Lawton Company, LLC and William B. Lawton Family Limited Partnership answers due 1/2/2019. Signed by Magistrate Judge Erin Wilder-Doomes on 12/12/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 16 MOTION to Dismiss for Failure to State a Claim by Five S Industrial, LLC, Five Star Industrial, LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit 1, #3 Proposed Pleading; Proposed Order)(Brown, Somer) Modified on 12/13/2018 to rotate attachment (KAH). |
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Filing 15
ORDER granting #12 Motion to Strike Record Document No. 9 . Signed by Magistrate Judge Erin Wilder-Doomes on 12/12/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 14 Letter to Attorney Somer G. Brown regarding Michael K. Cox who is Co-Counsel for party Five Star Industrial, LLC. Attorney is not admitted to practice in LAMD. (SWE) |
| Filing 13 MOTION to Substitute Amended Complaint by Employers Mutual Casualty Company. (Attachments: #1 Proposed Pleading;, #2 Proposed Order)(Bearden, Joseph) |
| Filing 12 MOTION to Strike 9 MOTION to Substitute Amended Complaint by Employers Mutual Casualty Company. (Bearden, Joseph) |
| MOTION(S) REFERRED: #13 MOTION to Substitute Amended Complaint . This motion is now pending before the USMJ. (SWE) |
| MOTION(S) REFERRED: #11 Ex Parte MOTION for Extension of Time to File Responsive Pleadings. This motion is now pending before the USMJ. (SWE) |
| MOTION(S) REFERRED: #10 Ex Parte MOTION for Extension of Time to File Responsive Pleadings . This motion is now pending before the USMJ. (SWE) |
| Filing 11 Ex Parte MOTION for Extension of Time to File Responsive Pleadings to #1 Complaint, by Five S Industrial, LLC, Five Star Industrial, LLC. (Attachments: #1 Proposed Pleading; Proposed Order)(Brown, Somer) Modified on 12/12/2018 to edit the text (SWE). |
| Filing 10 Ex Parte MOTION for Extension of Time to File Responsive Pleadings by J. Lawton Company, LLC, William B. Lawton Family Limited Partnership. (Attachments: #1 Proposed Pleading; proposed ORDER)(Roan, Eric) Modified on 12/12/2018 to edit the text (SWE). |
| Filing 9 STRICKEN FROM THE RECORD MOTION to Substitute Amended Complaint by Employers Mutual Casualty Company. (Attachments: # 1 Order, # 2 Proposed Pleading; Amended Complaint, # 3 4 Summons)(Bearden, Joseph) Modified on 12/17/2018to remove documents as they have been stricken in accordance with RD 15 (SWE). |
| MOTION(S) REFERRED: 9 MOTION to Substitute Amended Complaint . This motion is now pending before the USMJ. (SWE) |
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Filing 8
NOTICE AND ORDER: Employers Mutual Casualty Company shall file, within 14 days of this Notice and Order, a Motion to Substitute its Complaint for Declaratory Judgment Pursuant to 28 U.S.C. 2201 with a comprehensive Complaint that adequately alleges the citizenship of: (1) Five S Industrial, LLC; (2) Five Star Industrial, LLC; (3) J. Lawton Company, LLC; and (4) William B. Lawton Family Limited Partnership. No further leave of court is required to file the Motion to Substitute. Signed by Magistrate Judge Erin Wilder-Doomes on 11/30/2018. (KAH)
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| Filing 7 SUMMONS Returned Executed by Employers Mutual Casualty Company. Five Star Industrial, LLC served on 11/21/2018, answer due 12/12/2018. (Bearden, Joseph) |
| Filing 6 SUMMONS Returned Executed by Employers Mutual Casualty Company. Five S Industrial, LLC served on 11/21/2018, answer due 12/12/2018. (Bearden, Joseph) |
| Filing 5 SUMMONS Returned Executed by Employers Mutual Casualty Company. William B. Lawton Family Limited Partnership served on 11/21/2018, answer due 12/12/2018. (Bearden, Joseph) |
| Filing 4 SUMMONS Returned Executed by Employers Mutual Casualty Company. J. Lawton Company, LLC served on 11/21/2018, answer due 12/12/2018. (Bearden, Joseph) |
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Filing 3
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 1/24/2019 at 02:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 1/10/2019. Signed by Magistrate Judge Erin Wilder-Doomes on 11/20/2018. (BLR)
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| Case Reassigned to Judge John W. deGravelles. Chief Judge Shelly D. Dick no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EDC) |
| Filing 2 Summons Issued as to Five S Industrial, LLC, Five Star Industrial, LLC, J. Lawton Company, LLC, William B. Lawton Family Limited Partnership. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (Attachments: #1 summons, #2 summons, #3 summons)(EDC) |
| Filing 1 COMPLAINT for Declaratory Judgment Pursuant to 28 USC 2201 against All Defendants ( Filing fee $ 400 receipt number ALAMDC-1862558.), filed by Employers Mutual Casualty Company. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Exhibit A Petition, #7 Exhibit B EMC Policy, #8 Exhibit C EMC Policy, #9 Exhibit D EMC Policy, #10 Exhibit E EMC Policy, #11 Exhibit F EMC Policy, #12 Exhibit G EMC Policy)(Bearden, Joseph) (Attachments 2-5 replaced on 11/16/2018) (EDC). Modified on 11/16/2018 to flatten pages. (EDC). Modified on 1/3/2019 to replace as per rec doc 25 (KAH). |
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