Derouen et al v. Brake Parts Inc., LLC et al
| Tony Derouen, Mark Derouen, Delores L. Derouen, Scott Derouen, L. Joseph Derouen and Jeremy Derouen |
| Genuine Parts Company, Ford Motor Company, Morse TEC, LLC, Louisiana Insurance Guaranty Association, BWDAC, Inc., Honiron Corporation, Brake Parts Inc., LLC, Carlisle Industrial Brake and Friction, Inc., Taylor-Seidenbach, Inc., Navistar, Inc., Honiron Disc, Inc., Pneumo-Abex Corporation, J.P. Lapeyrouse, Inc., Caterpillar, Inc., Eaton Corporation, DCO, LLC, Lapeyrouse Chrysler, International Harvester, BWD Automotive Coporation, BorgWarner Morse Tec, LLC and Dana Companies, LLC |
| 3:2021cv00215 |
| April 15, 2021 |
| US District Court for the Middle District of Louisiana |
| Richard L Bourgeois |
| Shelly D Dick |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 28, 2021. A more recent docket listing may be available from PACER.
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Filing 36
GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019. (NLT)
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Filing 35
ORDER Remanding Case to 19th Judicial District Court. Certified copy of this order sent to 19th Judicial District Court. Signed by Chief Judge Shelly D. Dick on 09/28/2021. (NLT)
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| Filing 34 RULING Adopting #31 Report and Recommendation of the U.S. Magistrate Judge. The #3 Motion to Remand is GRANTED and this matter shall be remanded. Judgment shall be entered accordingly. Signed by Chief Judge Shelly D. Dick on 09/28/2021. (NLT) |
| Filing 33 OBJECTION to #31 Report and Recommendations and Alternative Request for Jurisdictional Discovery filed by Brake Parts Inc., LLC, Ford Motor Company. (Viator, John) |
| Filing 32 NOTICE of Objection to the Magistrate Judge's Report and Recommendation and Intent to File Brief on September 26, 2021 by Brake Parts Inc., LLC, Ford Motor Company re #31 REPORT AND RECOMMENDATIONS regarding #3 Emergency MOTION to Remand filed by Tony Derouen, Scott Derouen, Jeremy Derouen, Mark Derouen, Delores L. Derouen. It is the recommendation of the Magistrate Judge that Plaintiffs' #3 Motion (Marionneaux, F.) |
| Filing 31 REPORT AND RECOMMENDATIONS regarding #3 Emergency MOTION to Remand filed by Tony Derouen, Scott Derouen, Jeremy Derouen, Mark Derouen, Delores L. Derouen. It is the recommendation of the Magistrate Judge that Plaintiffs' #3 Motion to Remand be GRANTED, and this action be REMANDED to the 19th Judicial District Court, East Baton Rouge Parish, Louisiana. Objections to R&R due by 9/10/2021. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/27/2021. (SWE) |
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Filing 30
ORDER granting #29 Motion to Dismiss, With Prejudice. All claims of the plaintiffs, Dolores L. Derouen, Scott J. Derouen, Jeremy A. Derouen, Tony J. Derouen, and Mark Derouen,against defendant, Caterpillar Inc. only, be, and hereby are, dismissed, with prejudice, with each party to bear its own costs. Signed by Chief Judge Shelly D. Dick on 8/23/2021. (LLH)
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| Filing 29 MOTION to Dismiss Caterpillar Inc. by Delores L. Derouen, Jeremy Derouen, Mark Derouen, Scott Derouen, Tony Derouen. (Attachments: #1 Proposed Order)(Arceneaux, Jeanne) |
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Filing 28
ORDER granting #23 Motion for Vincent J. Palmiotto to Appear Pro Hac Vice on behalf of defendant BWDAC, Inc. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/7/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access #www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration.
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| Filing 27 NOTICE of Amended Affidavit to Motion for Admission of Vincent J. Palmiotto Pro Hac Vice by BWDAC, Inc. re #23 MOTION for Vincent J. Palmiotto to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2292854) (Harrison, William) |
| Filing 26 REPLY Memorandum in Support of #3 Emergency MOTION to Remand filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(LLH) |
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Filing 25
ORDER granting #21 MOTION for Leave to File Reply Memorandum in Support of Plaintiffs' Emergency Motion to Remand. The Clerk's Office shall enter Plaintiffs' Reply Memorandum (R. Doc. 21-2) and attached exhibits (as substituted) into the record. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/1/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
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Filing 24
ORDER granting #22 MOTION to Substitute [21-10] Exhibit 10. The Clerk's Office shall substitute R. Doc. 22-2 in place of R. Doc. 21-10. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/1/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
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| Filing 23 MOTION for Vincent J. Palmiotto to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2292854) by BWDAC, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Affidavit, #3 Proposed Pleading; Order)(Harrison, William) |
| MOTION(S) REFERRED: #23 MOTION for Vincent J. Palmiotto to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2292854). This motion is now pending before the USMJ. (LLH) |
| MOTION(S) REFERRED: #22 MOTION to Substitute [21-10] Exhibit 10 . This motion is now pending before the USMJ. (ELW) |
| Filing 22 MOTION to Substitute [21-10] Exhibit 10 by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Attachment)(Cheek, Lindsey) |
| MOTION(S) REFERRED: #21 MOTION for Leave to File Their Memorandum in Support of Plaintiffs' Emergency Motion to Remand. This motion is now pending before the USMJ. (EDC) |
| Filing 21 MOTION for Leave to File Their Memorandum in Support of #3 Plaintiffs' Emergency Motion to Remand filed by Delores L. Derouen, Jeremy Derouen, Mark Derouen, Scott Derouen, Tony Derouen. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Cheek, Lindsey) Modified on 5/25/2021 to edit text. (EDC). Modified on 6/1/2021 to substitute exhibit #10 per Order #24 (LLH). |
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Filing 20
ORDER granting #19 MOTION to Substitute #18 MEMORANDUM in Opposition to #3 Emergency MOTION to Remand filed by Brake Parts Inc., LLC. The Clerk's office shall substitute R. Doc. 19-2 in the place of R. Doc. 18. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/14/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
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| Filing 19 MOTION to Substitute #18 MEMORANDUM in Opposition to #3 Emergency MOTION to Remand by Brake Parts Inc., LLC. (Attachments: #1 Proposed Pleading;, #2 Attachment)(Marionneaux, F.) |
| MOTION(S) REFERRED: #19 MOTION to Substitute #18 MEMORANDUM in Opposition to #3 Emergency MOTION to Remand . This motion is now pending before the USMJ. (SWE) |
| Filing 18 MEMORANDUM in Opposition to #3 Emergency MOTION to Remand filed by Brake Parts Inc., LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Attachment)(Marionneaux, F.) Modified on 5/14/2021 to replace document per Order #20 (LLH). |
| Filing 17 Corporate Disclosure Statement by BWDAC, Inc.. (Harrison, William) |
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Filing 16
ORDER granting #14 and #15 Motions to Appear Pro Hac Vice. Attorneys Patrick J. King and Asher Benjamin Griffin are enrolled as pro hac vice co-counsel for defendant Brake Parts, Inc., LLC. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/5/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)ATTENTION: Local counsel shall provide the following link regarding e-file registration to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana, if they so choose #www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration.
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| MOTION(S) REFERRED: #15 MOTION for Asher Benjamin Griffin to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2282610), #14 MOTION for Patrick J. King to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2282609). This motion is now pending before the USMJ. (ELW) |
| Filing 15 MOTION for Asher Benjamin Griffin to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2282610) by Brake Parts Inc., LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Pleading;)(Marionneaux, F.) |
| Filing 14 MOTION for Patrick J. King to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2282609) by Brake Parts Inc., LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Pleading;)(Marionneaux, F.) |
| Filing 13 Corporate Disclosure Statement by Taylor-Seidenbach, Inc.. (Lightfoot, Christopher) |
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Filing 12
ORDER: Plaintiffs' request for expedited consideration of the #3 Motion for Remand is DENIED. Plaintiffs' counsel shall promptly notify the presiding judicial officer or other appropriate personnel at the 19th Judicial District Court of this ruling. The Removing Defendants shall file its response to Plaintiffs' Motion to Remand within the time allowed by Local Rule 7(f). The Court will rule on Plaintiffs' Motion to Remand in due course. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 4/22/2021. (EDC)
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| Filing 11 Corporate Disclosure Statement by Navistar, Inc. identifying Corporate Parent Traton, SE, Corporate Parent Navistar International Corporation for Navistar, Inc... (Baxter, Kay) |
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Filing 10
ORDER granting #8 MOTION to Substitute RESPONSE in Opposition filed by Brake Parts Inc., LLC. The Clerks Office shall substitute R. Doc. 8-2 in place of R. Doc. 7. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 4/22/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
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| Filing 9 Corporate Disclosure Statement by Eaton Corporation identifying Corporate Parent Eaton Corporation plc for Eaton Corporation. (Deto, Amanda) |
| MOTION(S) REFERRED: #8 MOTION to Substitute RESPONSE in Opposition . This motion is now pending before the USMJ. (ELW) |
| Filing 8 MOTION to Substitute RESPONSE in Opposition by Brake Parts Inc., LLC. (Attachments: #1 Proposed Pleading;, #2 Attachment)(Marionneaux, F.) |
| Filing 7 RESPONSE in Opposition to #3 Emergency MOTION to Remand filed by Brake Parts Inc., LLC. (Marionneaux, F.) (Main Document 7 replaced on 4/23/2021 in accordance with RD 10) (SWE). |
| Filing 6 Corporate Disclosure Statement by Ford Motor Company. (Rudin, Skylar) |
| Filing 5 Corporate Disclosure Statement by Brake Parts Inc., LLC. (Marionneaux, F.) |
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Filing 4
ORDER granting #2 MOTION to Substitute. The Clerk's Office shall substitute R. Doc. 2-2 in place of R. Doc. 1. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 4/19/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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| MOTION(S) REFERRED: #3 Emergency MOTION to Remand . This motion is now pending before the USMJ. (ELW) |
| Filing 3 Emergency MOTION to Remand with Request for Expedited Consideration by All Plaintiffs. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Attachment)(Cheek, Lindsey) Modified on 4/19/2021 to edit text (ELW). |
| Filing 2 MOTION to Substitute Notice of Removal by Brake Parts Inc., LLC. (Attachments: #1 Proposed Pleading;, #2 Attachment)(Marionneaux, F.) |
| MOTION(S) REFERRED: #2 MOTION to Substitute Notice of Removal . This motion is now pending before the USMJ. (LLH) |
| Filing 1 NOTICE OF REMOVAL from 19th Judicial District Court, State of Louisiana, Case Number C-695843. (Filing fee $ 402 receipt number BLAMDC-2274594), filed by Brake Parts Inc., LLC. (Attachments: #1 Attachment, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Attachment, #45 Attachment, #46 Attachment)(Marionneaux, F.) Modified on 4/15/2021 to edit the text (NLT). (Main Document 1 replaced on 4/20/2021 in accordance with RD 4) (KMW). |
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