Wheeler et al v. United States Fire Insurance Company et al
| Hannah Wheeler Nichols, David Wheeler, Michaela G. Wheeler, Noah B. Wheeler and David L. Wheeler |
| Darrell Henderson, State Farm Mutual Automobile Insurance Company, Charles E. Campbell, Travelers Casualty and Surety Company of America, United States Fire Insurance Company, State of Louisiana, Massana Construction, Inc., ABC Insurance Company, Max Freight Inc. and Zurich American Insurance Company |
| Neal L. Johnson, Jr. |
| 3:2019cv00402 |
| June 19, 2019 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Motor Vehicle |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on August 13, 2019. A more recent docket listing may be available from PACER.
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Filing 22
ORDER OF DISMISSAL: Plaintiffs' and State Farm's claims against Defendants, Max Freight, Inc., Darrell Henderson, and United States Fire Insurance Company, only, are hereby DISMISSED without prejudice to the right, upon good cause shown within sixty (60) days, to reopen the action if the settlement is not consummated. Plaintiffs' claims against Defendant, State Farm, only, are hereby DISMISSED without prejudice to the right, upon good cause shown good cause shown within sixty (60) days, to reopen the action if the settlement with this Defendant is not consumated. Signed by Chief Judge Shelly D. Dick on 8/13/2019. (EDC)
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| Filing 21 RESPONSE #14 Plaintiffs Motion to Remand filed by Massana Construction, Inc., Travelers Casualty and Surety Company of America. (Cooper, S.) Modified on 8/9/2019 to link the motions and edit the docket text (KMW). |
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Filing 20
NOTICE AND ORDER: Before the Court is the #19 Motion for Leave to Supplement Plaintiffs Memorandum in Support of Plaintiffs Motion to Remand to State Court (the Motion for Leave), filed by all Plaintiffs. Review of the Motion for Leave indicates that Plaintiffs actually seek to substitute their proposed Memorandum in Support of Remand at R. Doc. 19-1 in the place of their previously-filed Memorandum at R. Doc. 14-1, primarily to correct previously-asserted inaccuracies, e.g., references to the record and certain years and months. As such, the Court considers the Motion for Leave as a Motion to Substitute and GRANTS the #19 Motion, as it was filed eleven days after the original Motion to Remand and causes no delay or prejudice to any party. Signed by Magistrate Judge Erin Wilder-Doomes on 08/01/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (ELW)
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| Filing 19 First MOTION for Leave to Supplement Memorandum in Support of #14 Plaintiffs Motion to Remand to State Court by All Plaintiffs. (Attachments: #1 Attachment Proposed Supplemental Memorandum in Support of Plaintiffs' Motion to Remand, #2 Attachment Proposed Order)(Russell, Danny) Modified on 7/30/2019 to link the motions and edit the docket text(KMW). |
| MOTION(S) REFERRED: #19 First MOTION for Leave to File Plaintiffs Supplemental Memorandum in Support of Plaintiffs Motion to Remand to State Court . This motion is now pending before the USMJ. (KMW) |
| Filing 18 Joint NOTICE of Partial Settlement by Darrell Henderson, Max Freight Inc., State Farm Mutual Automobile Insurance Company, United States Fire Insurance Company. (Poche, Dustin) Modified on 7/29/2019 to edit the docket text (KMW). |
| Filing 17 R. Doc. 17 no longer exists. Docketed in error. Modified on 7/24/2019 (BLR). |
| Filing 16 Notice to Counsel: In light of the pending #14 Motion to Remand, good cause is shown to defer entry of a scheduling order in this matter. The Scheduling Conference set for 8/15/2019 is CANCELED. No status report is due at this time. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) Modified to edit text on 7/22/2019 (BLR). |
| MOTION(S) REFERRED: #14 First MOTION to Remand to State Court. This motion is now pending before the USMJ. (EDC) |
| Filing 15 Additional Exhibits to #14 First MOTION to Remand to State Court by All Plaintiffs. filed by All Plaintiffs. (Attachments: #1 Exhibit)(Russell, Danny) (Attachment 1 replaced on 7/22/2019) (EDC). Modified on 7/22/2019 to rotate pages. (EDC). |
| Filing 14 First MOTION to Remand to State Court by All Plaintiffs. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Attachment)(Russell, Danny) (Attachment 2 replaced on 7/22/2019) (EDC). Modified on 7/22/2019 to rotate pages. (EDC). (Attachment 1 replaced on 8/1/2019) (ELW). Modified on 8/1/2019 as granted by rec doc # 20 (ELW). |
| Filing 13 Corporate Disclosure Statement by Travelers Casualty and Surety Company of America identifying Corporate Parent The Travelers Company, Inc. for Travelers Casualty and Surety Company of America.. (Cooper, S.) |
| Filing 12 Corporate Disclosure Statement by Massana Construction, Inc.. (Cooper, S.) |
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Filing 11
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 8/15/2019 at 02:30 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 8/1/2019. Signed by Magistrate Judge Erin Wilder-Doomes on 07/01/2019. (ELW)
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| Filing 10 Corporate Disclosure Statement by United States Fire Insurance Company identifying Corporate Parent Fairfax Financial Holdings Limited, Corporate Parent Crum & Forster Holdings Corp., Corporate Parent Fairfax (US) Inc., Corporate Parent FFHL Group Ltd. for United States Fire Insurance Company.. (Poche, Dustin) |
| Filing 9 Corporate Disclosure Statement by Max Freight Inc. identifying Corporate Parent Max Freight, Inc. for Max Freight Inc... (Poche, Dustin) |
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Filing 8
ORDER granting #5 MOTION to Substitute #1 Notice of Removal. The clerk is directed to replace R. Doc. 1 with R. Doc. 5-1. Signed by Magistrate Judge Erin Wilder-Doomes on 6/26/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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Filing 7
ORDER granting #6 MOTION to Substitute Defendants #5 Motion to Substitute Notice of Removal. The clerk is directed to replace R. Doc. 5 with R. Doc. 6-2. Signed by Magistrate Judge Erin Wilder-Doomes on 6/24/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #6 MOTION to Substitute Defendants Motion and Incorporated Motion to Substitute Notice of Removal (Rec. Doc. 5) . This motion is now pending before the USMJ. (ELW) |
| Filing 6 MOTION to Substitute Defendants Motion and Incorporated Motion to Substitute Notice of Removal (Rec. Doc. 5) by Darrell Henderson, Max Freight Inc., United States Fire Insurance Company. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading;, #3 Proposed Order)(Poche, Dustin) |
| MOTION(S) REFERRED: #5 MOTION to Substitute Notice of Removal (Rec. Doc. 1) . This motion is now pending before the USMJ. (KMW) |
| Filing 5 MOTION to Substitute Notice of Removal (Rec. Doc. 1) by Darrell Henderson, Max Freight Inc., United States Fire Insurance Company. (Attachments: #1 Proposed Pleading; Notice of Removal, #2 Proposed Order)(Poche, Dustin) (Main Document 5 replaced on 6/26/2019) (ELW). Modified on 6/26/2019 replaced as ordered by rec doc #7 (ELW). |
| Filing 4 Letter to Attorney Neal L. Johnson Jr. and Justin N. Myers who are lead and co-counsel for party State Farm Mutual Automobile Insurance Company. Attorneys are not admitted to practice in LAMD. (EDC) |
| Filing 3 Consent to Removal by Massana Construction, Inc., Travelers Casualty and Surety Company of America. (Cooper, S.) |
| Filing 2 Certificate of Filing of State Court Record (Attachments: #1 Exhibit A - in globo, #2 Exhibit A - in globo, #3 Exhibit A - in globo, #4 Exhibit A - in globo, #5 Exhibit A - in globo, #6 Exhibit A - in globo, #7 Exhibit A - in globo, #8 Exhibit A - in globo, #9 Exhibit A - in globo, #10 Exhibit A - in globo, #11 Exhibit A - in globo, #12 Exhibit A - in globo, #13 Exhibit A - in globo, #14 Exhibit A - in globo, #15 Exhibit A - in globo, #16 Exhibit A - in globo, #17 Exhibit A - in globo, #18 Exhibit A - in globo, #19 Exhibit A - in globo, #20 Exhibit A - in globo, #21 Exhibit A - in globo, #22 Exhibit A - in globo, #23 Exhibit A - in globo, #24 Exhibit A - in globo, #25 Exhibit A - in globo, #26 Exhibit A - in globo, #27 Exhibit A - in globo, #28 Exhibit A - in globo, #29 Exhibit A - in globo, #30 Exhibit A - in globo, #31 Exhibit A - in globo, #32 Exhibit A - in globo, #33 Exhibit A - in globo, #34 Exhibit A - in globo, #35 Exhibit A - in globo, #36 Exhibit A - in globo, #37 Exhibit A - in globo, #38 Exhibit A - in globo, #39 Exhibit A - in globo, #40 Exhibit A - in globo, #41 Exhibit A - in globo, #42 Exhibit A - in globo, #43 Exhibit A - in globo, #44 Exhibit A - in globo)(Poche, Dustin) Modified on 6/20/2019 to edit text. (EDC). (Attachments 2,4,7,10,15,21,22,23,29,38,40 and 41 replaced on 6/20/2019) (EDC). Modified on 6/20/2019 to rotate pages. (EDC). |
| Filing 1 NOTICE OF REMOVAL from 19th Judicial District Court for the Parish of East Baton Rouge, Case Number 666,981. (Filing fee $ 400 receipt number ALAMDC-1958666), filed by United States Fire Insurance Company, Max Freight Inc., Darrell Henderson. (Attachments: #1 Civil Cover Sheet, #2 Verification, #3 Certificate of Filing, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 List of Attorneys and Parties in State Court Action, #14 Notice of Compliance with Removal Order)(Poche, Dustin) (Attachment 1 replaced on 6/19/2019) (EDC). Modified on 6/19/2019 to flatten document. (EDC). (Main Document 1 replaced on 6/27/2019) (ELW). Modified on 6/27/2019 as ordered by rec doc #8 (ELW). |
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