East Baton Rouge City Parish v. Ourso et al
Plaintiff: City of Baton Rouge/Parish of East Baton Rouge
Defendant: Thomas David, Jr., Mitchell Ourso, Iberville Parish, Pan American Engineers, LLC, ABC Insurance Company, XYZ Insurance Company, JKL Insurance Company, GHI Insurance Company and DEF Insurance Company
Petitioner: The Preserve at Harveston Homeowners Association, Inc., Burtville Investments LLC, SLP II LLC, Longwood Development I Corporation, Burtville Development Corporation and SLP Limited Liability Company
Case Number: 3:2019cv00457
Filed: July 12, 2019
Court: US District Court for the Middle District of Louisiana
Presiding Judge: Richard L Bourgeois
Referring Judge: Brian A Jackson
2 Judge: Erin Wilder-Doomes
Nature of Suit: Torts to Land
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 5, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 5, 2019 Filing 11 Joint MOTION to Dismiss Plaintiff's Amended Complaint by Thomas David, Jr, Iberville Parish, Mitchell Ourso, Pan American Engineers, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Memorandum in Support, #4 Order)(Clary, Albert)
August 21, 2019 Opinion or Order Filing 10 ORDER granting #9 Ex Parte Motion for Extension of Time to File Responsive Pleadings. Defendants Thomas David, Jr., Iberville Parish, Mitchell Ourso, and Pan American Engineers, LLC are granted an extension of time of 21 days, or until 9/5/2019, to file an answer or otherwise respond. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/21/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
August 14, 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)
August 13, 2019 Filing 9 Ex Parte MOTION for Extension of Time to File Responsive Pleadings by Thomas David, Jr, Iberville Parish, Mitchell Ourso, Pan American Engineers, LLC. (Attachments: #1 Proposed Pleading;)(Clary, Albert) Modified on 8/14/2019 to edit the docket text (SWE). Modified on 8/21/2019 (SGO).
July 26, 2019 Case reassigned to Judge Unassigned. Magistrate Judge Richard L. Bourgeois, Jr. no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (NLT)
July 26, 2019 Case assigned to Magistrate Judge Richard L. Bourgeois, Jr. Judge Unassigned no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (NLT)
July 25, 2019 MOTION(S) REFERRED: #8 MOTION to Intervene . This motion is now pending before the USMJ. (EDC)
July 25, 2019 Case reassigned to Magistrate Judge Richard L. Bourgeois, Jr.. Magistrate Judge Erin Wilder-Doomes no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (NLT)
July 24, 2019 Filing 8 MOTION to Intervene by SLP Limited Liability Company, SLP II LLC, Burtville Development Corporation, Burtville Investments LLC, Longwood Development I Corporation, The Preserve at Harveston Homeowners Association, Inc.. (Attachments: #1 Attachment Proposed Order, #2 Proposed Pleading; Complaint-in-intervention)(Blunt, Shelton)
July 24, 2019 Filing 7 AMENDED COMPLAINT for Injunctive/Declaratory Relief, Damages, & for Writ of Mandamus against All Defendants, filed by City of Baton Rouge/Parish of East Baton Rouge.(Schillage, Michael)
July 16, 2019 Opinion or Order Filing 6 ORDER: The #4 Motion to Enroll Counsel of Record is GRANTED. Signed by Judge Brian A. Jackson on 7/15/2019. (KAH)
July 15, 2019 Opinion or Order Filing 5 ORDER: Considering the #4 Motion to Enroll, and for reasons stated on the record during the 7/15/2019 hearing. The #2 Temporary Restraining Order is VACATED. Signed by Judge Brian A. Jackson on 7/15/2019. (LLH)
July 15, 2019 Filing 4 MOTION to Enroll C. Frank Holthaus as Attorney by All Defendants. (Attachments: #1 Attachment ORDER)(Holthaus, Craig)
July 15, 2019 Filing 3 Return on Temporary Restraining Order. Served on Iberville Parish President, Mitchell Ourso on 7/12/2019(US Marshal, )
July 15, 2019 Minute Entry for proceedings held before Judge Brian A. Jackson. This matter came this day for hearing on the Temporary Restraining Orderissued by the Court on July 12, 2019 (doc. 2).Counsel for the Defendants shall file Motions to Enroll as Counsel by the close of business today, July 15, 2019. Counsel presents oral argument to the Court. As ordered by the Court, Counsel for the Plaintiff shall file an Amended Complaint or a Motion for Preliminary Injunction within 10 days. Counsel for the Defendants shall file their response no later than 21 days thereafter. For reasons stated by the Court, the Temporary Restraining Order issued by the Court and filed on July 12, 2019 ( doc. 2) is hereby vacated and deemed expired at this time.(Court Reporter N. Breaux.) (PJH)
July 12, 2019 Opinion or Order Filing 2 TEMPORARY RESTRAINING ORDER: Defendants Iberville Parish, Iberville Parish President Mitchell Ourso, and Iberville Parish Civil Engineer Tom David are TEMPORARILY RESTRAINED from deploying or inflating any temporary aqua dams along Manchac Road. FURTHER ORDERED that Defendants are TEMPORARILY RESTRAINED from inflating or otherwise placing in use any temporary aqua dams along Manchac Road. In accordance with FRCP 65(c), Plaintiffs need not furnish security at this time. FURTHER ORDERED that this Temporary Restraining Order shall expire on 7/26/2019 at 7:00 P.M. and a hearing on Plaintiff's request for a preliminary injunction is set for 7/15/2019 at 2:00 P.M. in Courtroom 2. IT IS FURTHER ORDERED that the United States Marshals Service shall serve a copy of this Temporary Restraining Order on Iberville Parish President Mitchell Ourso. Signed by Judge Brian A. Jackson on 7/12/2019. (NLT)
July 12, 2019 Filing 1 COMPLAINT for Injunctive/Declaratory Relief, Temporary Restraining Order, and Damages against All Defendants ( Filing fee $ 400 receipt number ALAMDC-1969666.), filed by East Baton Rouge City Parish. (Attachments: #1 Attachment, #2 Attachment)(Knightshead, Tedrick) Modified on 7/12/2019 to edit the title (NLT).

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Defendant: Thomas David, Jr.
Represented By: Paul Philip Breaux, Jr.
Represented By: Weston Joseph Clark
Represented By: Albert Dale Clary
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Defendant: Mitchell Ourso
Represented By: Tony Clayton
Represented By: Albert Dale Clary
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Defendant: Iberville Parish
Represented By: Scott C. Stassi
Represented By: Craig Frank Holthaus
Represented By: Albert Dale Clary
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Defendant: Pan American Engineers, LLC
Represented By: Weston Joseph Clark
Represented By: Albert Dale Clary
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Defendant: ABC Insurance Company
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Defendant: XYZ Insurance Company
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Defendant: JKL Insurance Company
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Defendant: GHI Insurance Company
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Defendant: DEF Insurance Company
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Plaintiff: City of Baton Rouge/Parish of East Baton Rouge
Represented By: Tedrick K. Knightshead
Represented By: Alan Gregory Rome
Represented By: Michael Paul Schillage
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Petitioner: The Preserve at Harveston Homeowners Association, Inc.
Represented By: Anthony J. Gambino, Jr.
Represented By: Shelton Dennis Blunt
Represented By: Brittany Holt Alexander
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Petitioner: Burtville Investments LLC
Represented By: Anthony J. Gambino, Jr.
Represented By: Shelton Dennis Blunt
Represented By: Brittany Holt Alexander
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Petitioner: SLP II LLC
Represented By: Anthony J. Gambino, Jr.
Represented By: Shelton Dennis Blunt
Represented By: Brittany Holt Alexander
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Petitioner: Longwood Development I Corporation
Represented By: Anthony J. Gambino, Jr.
Represented By: Shelton Dennis Blunt
Represented By: Brittany Holt Alexander
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Petitioner: Burtville Development Corporation
Represented By: Anthony J. Gambino, Jr.
Represented By: Shelton Dennis Blunt
Represented By: Brittany Holt Alexander
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Petitioner: SLP Limited Liability Company
Represented By: Anthony J. Gambino, Jr.
Represented By: Shelton Dennis Blunt
Represented By: Brittany Holt Alexander
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