Casanola v. Delta Machine & Ironworks LLC et al

Plaintiff: Sergio Casanola
Defendant: Chris Berry and Delta Machine & Ironworks LLC
Case Number: 3:2019cv00300
Filed: May 13, 2019
Court: US District Court for the Middle District of Louisiana
Presiding Judge: Richard L Bourgeois
Referring Judge: John W deGravelles
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42:2000e
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on June 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 12, 2019 Filing 30 AMENDED MOTION to Dismiss Plaintiff's Complaint Pursuant to 12(b)(6) for Failure to State a Claim by Delta Machine & Ironworks LLC. (Attachments: #1 Memorandum in Support, #2 Attachment Proposed Order)(Robison, Robert) Modified on 6/12/2019 to edit the text (SWE).
June 11, 2019 Opinion or Order Filing 29 SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 8/8/2019 at 9:30 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Status Report due by 7/25/2019. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/10/2019. (SGO)
May 13, 2019 Case Assigned to Judge John W. deGravelles and Magistrate Judge Richard L. Bourgeois, Jr. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
May 13, 2019 Filing 28 Case transferred in from the Louisiana Eastern; Case Number 2:18-cv-09377. Original file certified copy of transfer order and docket sheet received.
May 10, 2019 Opinion or Order Filing 27 ORDER AND REASONS - The #20 Motion to Dismiss, filed by Defendant Delta Machine & Ironworks LLC, is DENIED IN PART WITH PREJUDICE to the extent Defendant moves to dismiss for improper venue under Rule 12(b)(3) of the Federal Rules of Civil Procedure and for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Defendant may reurge the motion once the case is transferred. FURTHER ORDERED that the #26 motion to transfer venue, filed by Plaintiff Sergio Casanola under 28 U.S.C. 1406(a) be CONSTRUED as a motion to transfer venue under 28 U.S.C. 1404(a) and GRANTED. FURTHER ORDERED that this case is TRANSFERRED to the MIDDLE DISTRICT OF LOUISIANA. Signed by Judge Susie Morgan on 5/10/19.(sbs) [Transferred from Louisiana Eastern on 5/13/2019.]
April 23, 2019 Filing 26 RESPONSE/MEMORANDUM in Opposition filed by Sergio Casanola re #20 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(3) and 12(b)(6) for Improper Venue and Failure to State a Claim and/or Alternatively, Motion to Transfer Venue. (Attachments: #1 Exhibit, #2 Proposed Order)(sbs) [Transferred from Louisiana Eastern on 5/13/2019.]
April 23, 2019 Opinion or Order Filing 25 ORDER Resetting Hearing on #20 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(3) and 12(b)(6) for Improper Venue and Failure to State a Claim : Motion(s) will be submitted on 5/15/2019. Plaintiff must file an opposition to the motion by no later than Tuesday, May 7, 2019 at 5:00 p.m. Signed by Judge Susie Morgan on April 23, 2019.(mp) [Transferred from Louisiana Eastern on 5/13/2019.]
April 18, 2019 Filing 24 PRELIMINARY CONFERENCE NOTICE - Scheduling Conference set for 6/6/2019 at 10:30 AM before case manager by telephone. Signed by Clerk.(bwn) [Transferred from Louisiana Eastern on 5/13/2019.]
April 16, 2019 Opinion or Order Filing 23 ORDER - All parties did not consent to proceed to trial before the Magistrate Judge pursuant to 28 USC 636(c). ORDERED that the automatic referral in this case is revoked. Signed by Judge Susie Morgan on 4/16/19.(sbs) [Transferred from Louisiana Eastern on 5/13/2019.]
April 15, 2019 Opinion or Order Filing 22 ORDER ON CONSENT: All parties not having consented to proceed to trial before a U.S. Magistrate Judge pursuant to 28 U.S.C. 636(c), the matter is hereby returned to the docket of the District Judge for further proceedings. Signed by Judge Michael B. North on 4/15/19.(clc)(NEF: SECTION E) [Transferred from Louisiana Eastern on 5/13/2019.]
March 21, 2019 Opinion or Order Filing 21 ORDER: Plaintiff and counsel for the Defendant are to separately advise the undersigned, in writing on or before April 10, 2019, as to whether they are willing to proceed before the Magistrate Judge under 28 U.S.C. 636(c). Signed by Magistrate Judge Michael North on 3/21/19.(clc) [Transferred from Louisiana Eastern on 5/13/2019.]
March 20, 2019 Filing 20 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(3) and 12(b)(6) for Improper Venue and Failure to State a Claim by Delta Machine & Ironworks LLC. Motion(s) referred to Michael North. Motion(s) will be submitted on 4/24/2019. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Proposed Order, #4 Notice of Submission)Attorney Robert W. Robison, Jr added to party Delta Machine & Ironworks LLC(pty:dft).(Robison, Robert) Modified text on 3/21/2019 (sbs). [Transferred from Louisiana Eastern on 5/13/2019.]
March 11, 2019 Opinion or Order Filing 19 ORDER GRANTING #17 Motion for Leave to File Amended Complaint, #18 Motion for Leave to File Amended Complaint. The increase in Plaintiff's demand for relief is duly noted and Chris Berry is dismissed from this litigation. Signed by Magistrate Judge Michael North on 3/11/19. (clc) [Transferred from Louisiana Eastern on 5/13/2019.]
March 8, 2019 Filing 18 EXPARTE/CONSENT MOTION for Leave to File Amended Complaint to remove Chris Berry from civil action by Sergio Casanola. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(sbs) [Transferred from Louisiana Eastern on 5/13/2019.]
March 8, 2019 Filing 17 EXPARTE/CONSENT MOTION for Leave to File Amended Complaint to add an amount in punitive and pain & suffering damages to demanded relief by Sergio Casanola. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(sbs) [Transferred from Louisiana Eastern on 5/13/2019.]
March 6, 2019 Filing 16 SUMMONS Returned Executed; Delta Machine & Ironworks LLC served on 2/27/2019, answer due 3/20/2019. (Attachments: #1 Exhibit)(sbs) [Transferred from Louisiana Eastern on 5/13/2019.]
February 25, 2019 Opinion or Order Filing 15 ORDER granting as a matter of course under Rule 15(a)(1), Fed. R. Civ. P. #14 Motion to Amend Complaint. Signed by Magistrate Judge Michael North. (caa) [Transferred from Louisiana Eastern on 5/13/2019.]
February 21, 2019 Filing 14 EXPARTE/CONSENT MOTION to Amend #1 Complaint by Sergio Casanola. Motion(s) referred to Michael North. (sbs) [Transferred from Louisiana Eastern on 5/13/2019.]
February 21, 2019 Filing 13 Response/Reply by Sergio Casanola to #8 Order. (sbs) [Transferred from Louisiana Eastern on 5/13/2019.]
February 6, 2019 Filing 12 NOTICE OF DEFICIENT ProSe DOCUMENT: re #11 Motion to Amend/Correct. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 2/27/2019. (sbs) [Transferred from Louisiana Eastern on 5/13/2019.]
February 6, 2019 Filing 11 **DEFICIENT** EXPARTE/CONSENT MOTION to Amend/Correct #1 Complaint by Sergio Casanola. Motion(s) referred to Michael North. (sbs) [Transferred from Louisiana Eastern on 5/13/2019.]
February 5, 2019 Filing 10 Summons Issued as to Chris Berry, Delta Machine & Ironworks LLC. (Attachments: #1 Summons)(clc)(CC: pla via Pro se) [Transferred from Louisiana Eastern on 5/13/2019.]
February 5, 2019 Filing 9 Request of Summons Issued as to Chris Berry, Delta Machine & Ironworks LLC filed by Sergio Casanola re #1 Complaint. (clc) [Transferred from Louisiana Eastern on 5/13/2019.]
February 4, 2019 Opinion or Order Filing 8 ORDER : It appearing to the Court that the means of service attempted by Plaintiff in this matter is ineffective, he is hereby granted until March 8, 2019 within which to properly serve the named Defendants in the manner prescribed by Rule 4(e) and (h) of the Federal Rules of Civil Procedure and to file proof thereof in the record. Signed by Magistrate Judge Michael North on 2/4/19.(clc) [Transferred from Louisiana Eastern on 5/13/2019.]
January 28, 2019 Filing 7 RESPONSE TO ORDER TO SHOW CAUSE by Sergio Casanola re #3 Order to Show Cause. (sbs) [Transferred from Louisiana Eastern on 5/13/2019.]
January 28, 2019 Filing 6 RESPONSE TO ORDER TO SHOW CAUSE by Sergio Casanola re #3 Order to Show Cause. (sbs) [Transferred from Louisiana Eastern on 5/13/2019.]
January 18, 2019 Filing 5 NOTICE OF DEFICIENT ProSe DOCUMENT: re #4 Response to Order to Show Cause. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 2/8/2019. (sbs) [Transferred from Louisiana Eastern on 5/13/2019.]
January 18, 2019 Filing 4 **DEFICIENT** RESPONSE TO ORDER TO SHOW CAUSE by Sergio Casanola re #3 Order to Show Cause. (sbs) [Transferred from Louisiana Eastern on 5/13/2019.]
January 11, 2019 Opinion or Order Filing 3 ORDER: Over 90 days having passed since this lawsuit was filed and issue not having been joined, in accordance with Local Rule 16.2, Plaintiff is hereby ordered to show cause, in writing and on or before January 30, 2019, as to why his lawsuit should not be dismissed for failure to prosecute. Signed by Magistrate Judge Michael North on 1/11/19.(clc) [Transferred from Louisiana Eastern on 5/13/2019.]
October 9, 2018 Filing 2 Summons Issued as to Chris Berry, Delta Machine & Ironworks LLC. (Attachments: #1 Summons)(sbs) [Transferred from Louisiana Eastern on 5/13/2019.]
October 9, 2018 Filing 1 COMPLAINT with jury demand against Chris Berry, Delta Machine & Ironworks LLC, (Filing fee $400) filed by Sergio Casanola. (Attachments: #1 Civil Cover Sheet)(sbs) [Transferred from Louisiana Eastern on 5/13/2019.]

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Defendant: Chris Berry
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Defendant: Delta Machine & Ironworks LLC
Represented By: Shelby Lea Giddings
Represented By: Robert W. Robison, Jr.
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Plaintiff: Sergio Casanola
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