Shirley v. Fluor Constructors International Inc. et al
Plaintiff: Mr. Charles V Shirley and Charles V Shirley
Defendant: Liberty Life Assurance Company of Boston, Fluor Constructors International, Inc. and Fluor Corporation
Case Number: 3:2019cv00223
Filed: April 15, 2019
Court: US District Court for the Middle District of Louisiana
Presiding Judge: Richard L Bourgeois
Referring Judge: Brian A Jackson
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29:1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2019 Opinion or Order Filing 33 ORDER: Denying as moot #23 Motion to Dismiss for Failure to State a Claim. Signed by Judge Brian A. Jackson on 07/09/2019. (ELW)
July 8, 2019 Filing 32 AMENDED COMPLAINT against Liberty Life Assurance Company of Boston, Fluor Corporation, filed by Charles V Shirley.(KAH)
July 8, 2019 Opinion or Order Filing 31 ORDER granting #25 Motion to Amend. The Amended Complaint [25-1] shall be filed. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 7/8/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
July 1, 2019 MOTION(S) REFERRED: #30 Ex Parte MOTION for Atoyia Scott Harris to Withdraw as Attorney MOTION to Substitute William H. Payne, IV in place of Atoyia Scott Harris as Attorney . This motion is now pending before the USMJ. (KMW)
June 28, 2019 Filing 30 Ex Parte MOTION for Atoyia Scott Harris to Withdraw as Attorney , MOTION to Substitute William H. Payne, IV in place of Atoyia Scott Harris as Attorney by Liberty Life Assurance Company of Boston. (Attachments: #1 Proposed Order)(Scott, Atoyia)
June 26, 2019 Filing 29 MEMORANDUM in Opposition to #23 MOTION to Dismiss for Failure to State a Claim filed by Charles V Shirley. (Elliott, Neal)
June 17, 2019 Filing 28 RESPONSE to Plaintiff's #25 Motion to File Amended Complaint filed by Liberty Life Assurance Company of Boston. (Mathisen, Eric) Modified on 6/18/2019 to edit the docket text and create a link (KMW).
June 17, 2019 Filing 27 RESPONSE to #25 Motion for Leave to Amend Complaint filed by Fluor Constructors International, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Geary, Covert) .
June 13, 2019 MOTION(S) REFERRED: #25 MOTION to Amend #1 Complaint,, . This motion is now pending before the USMJ. (KMW)
June 13, 2019 Filing 26 Proposed Order as to #25 MOTION to Amend #1 Complaint by Charles V Shirley. (Elliott, Neal) Modified on 6/17/2019 (NLT).
June 13, 2019 Filing 25 MOTION to Amend #1 Complaint,, by Charles V Shirley. (Attachments: #1 Proposed Pleading; Amended Complaint)(Elliott, Neal)
June 12, 2019 Filing 24 Notice to Counsel: Considering the Motion to Dismiss filed 6/11/2019, the Scheduling Conference set for 6/20/2019 is RESET to 8/22/2019 at 10:30 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr. An Amended Status Report is due by 8/8/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
June 11, 2019 Filing 23 MOTION to Dismiss for Failure to State a Claim by Fluor Constructors International, Inc.. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit "A")(Ulfers, Christopher)
June 6, 2019 Filing 22 Joint STATUS REPORT by Charles V Shirley. (Elliott, Neal)
June 3, 2019 Opinion or Order Filing 21 ORDER granting #20 Consent MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint. Fluor Constructors International, Inc. and Liberty Life Assurance Company of Boston are granted an extension of time through and including 6/17/2019 to file answers or otherwise plead. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/3/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
May 28, 2019 MOTION(S) REFERRED: #20 Consent MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint. This motion is now pending before the USMJ. (LT)
May 28, 2019 Filing 20 Consent MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint by Fluor Constructors International, Inc., Liberty Life Assurance Company of Boston. (Attachments: #1 Proposed Order)(Ulfers, Christopher) Modified on 6/3/2019 (SGO).
May 20, 2019 Opinion or Order Filing 19 ORDER granting #18 Motion for Eric P. Mathisen to Appear Pro Hac Vice on behalf of Liberty Life Assurance Company of Boston. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/20/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
May 17, 2019 MOTION(S) REFERRED: #18 Ex Parte MOTION for Eric P. Mathisen to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-1943627). This motion is now pending before the USMJ. (KAH)
May 16, 2019 Filing 18 Ex Parte MOTION for Eric P. Mathisen to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-1943627) by Liberty Life Assurance Company of Boston. (Attachments: #1 Exhibit A - Declaration of Eric P. Mathisen In Support of Motion for Admission As Visiting Attorney, #2 Proposed Pleading; Proposed Order)(Scott, Atoyia)
May 15, 2019 Opinion or Order Filing 17 SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 6/20/2019 at 10:15 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Status Report due by 6/6/2019. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/14/2019. (SGO)
May 14, 2019 Opinion or Order Filing 16 ORDER granting #10 Ex Parte Motion for Extension of Time to File Responsive Pleading. Liberty Life Assurance Company of Boston answer or other responsive pleadings shall be filed on or before 6/3/2019. The #14 First MOTION to Strike and Second Motion to Substitute is GRANTED. The Clerk's Office shall substitute R. Doc. 14-1 in place of R. Doc. 11. The 12 MOTION to Substitute is DENIED AS MOOT. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/14/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
May 13, 2019 MOTION(S) REFERRED: #14 MOTION to Strike 12 MOTION to Substitute Defendant's Corporate Disclosure Statement MOTION to Substitute #11 Corporate Disclosure Statement. This motion is now pending before the USMJ. (KAH)
May 10, 2019 Filing 15 Corporate Disclosure Statement by Fluor Constructors International, Inc.. (Ulfers, Christopher)
May 10, 2019 Filing 14 MOTION to Strike 12 MOTION to Substitute and Second MOTION to Substitute #11 Corporate Disclosure Statement by Liberty Life Assurance Company of Boston. (Attachments: #1 Proposed Pleading; Corp. Disclosure Statement, #2 Proposed Pleading; Order)(Scott, Atoyia) Modified on 5/13/2019 to edit the text (KAH).
May 10, 2019 Opinion or Order Filing 13 ORDER granting #9 Motion for Extension of Time. Fluor is hereby granted a 21-day extension of time, or until May 29, 2019, within which toanswer or otherwise plead.Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/10/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL)
May 10, 2019 MOTION(S) REFERRED: 12 MOTION to Substitute Defendant's Corporate Disclosure Statement . This motion is now pending before the USMJ. (KMW)
May 9, 2019 Filing 12 STRICKEN FROM THE RECORD MOTION to Substitute Defendant's Corporate Disclosure Statement by Liberty Life Assurance Company of Boston. (Attachments: # 1 Proposed Order)(Scott, Atoyia) Modified on 5/14/2019 to remove the document as it has been stricken per RD 16 (SGO).
May 8, 2019 Filing 11 Corporate Disclosure Statement by Liberty Life Assurance Company of Boston identifying Corporate Parent Lincoln National Corporation, Corporate Parent Lincoln National Life Insurance Company for Liberty Life Assurance Company of Boston. (Scott, Atoyia) Modified on 5/14/2019 to substitute the document per RD 16 (SGO).
May 8, 2019 MOTION(S) REFERRED: #10 Ex Parte MOTION for Extension of Time to File Responsive Pleading to the Complaint. This motion is now pending before the USMJ. (SWE)
May 8, 2019 MOTION(S) REFERRED: #9 Ex Parte MOTION for Extension of Time to File Responsive Pleadings. This motion is now pending before the USMJ. (SWE)
May 7, 2019 Filing 10 Ex Parte MOTION for Extension of Time to File Responsive Pleading to the Complaint by Liberty Life Assurance Company of Boston. (Attachments: #1 Proposed Order)(Scott, Atoyia) Modified on 5/14/2019 to edit event type (SGO).
May 7, 2019 Filing 9 Ex Parte MOTION for Extension of Time to File Responsive Pleadings by Fluor Constructors International, Inc.. (Attachments: #1 Proposed Order)(Ulfers, Christopher)
April 18, 2019 Filing 8 SUMMONS Returned Executed by Charles V Shirley. Liberty Life Assurance Company of Boston served on 4/17/2019, answer due 5/8/2019. (Elliott, Neal)
April 18, 2019 Filing 7 SUMMONS Returned Executed by Charles V Shirley. Fluor Constructors International, Inc. served on 4/17/2019, answer due 5/8/2019. (Elliott, Neal)
April 16, 2019 Filing 6 Summons Issued as to Liberty Life Assurance Company of Boston. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (SWE)
April 16, 2019 Filing 5 Summons Issued as to Fluor Constructors International, Inc. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (SWE)
April 16, 2019 Filing 4 Summons Submitted (Elliott, Neal)
April 16, 2019 Filing 3 Summons Submitted (Elliott, Neal)
April 16, 2019 Filing 2 Summons Not Issued: Counsel has requested issuance of two summons. However, the summons are blank. Therefore, summons will not be issued. (EDC)
April 15, 2019 Filing 1 COMPLAINT against All Defendants against All Plaintiffs ( Filing fee $ 400 receipt number ALAMDC-1928384.), filed by Charles V Shirley. (Attachments: #1 Exhibit Denial letter, #2 Exhibit First attempted appeal letter, #3 Exhibit Second attempted appeal letter, #4 Attachment Civil Cover Sheet, #5 Attachment Summons for Fluor, #6 Attachment Summons for Liberty Life)(Elliott, Neal) (Attachments 3-6 replaced on 4/16/2019) (EDC). Modified on 4/16/2019 to rotate and flatten pages. (EDC).

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Defendant: Liberty Life Assurance Company of Boston
Represented By: Eric P. Mathisen
Represented By: Atoyia Antoinette Scott
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Defendant: Fluor Constructors International, Inc.
Represented By: Brandon Kelly Black
Represented By: Covert J. Geary
Represented By: Christopher Kirt Ulfers
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Defendant: Fluor Corporation
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Plaintiff: Mr. Charles V Shirley
Represented By: Neal Risley Elliott, Jr.
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Plaintiff: Charles V Shirley
Represented By: Neal Risley Elliott, Jr.
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