Ewing v. Apex Marine, Inc.
| Wilson J Ewing |
| Apex Marine, Inc. |
| 3:2022cv00496 |
| July 21, 2022 |
| US District Court for the Middle District of Louisiana |
| Brian A Jackson |
| Erin Wilder-Doomes |
| Contract Product Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 2, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 6 ANSWER to Complaint with Jury Demand by Apex Marine, Inc..(O'Cain, Patrick) |
Filing 5
ORDER: GRANTING the #4 Motion for Leave to File Supplemental Notice of Removal filed by Defendant Apex Marine, Inc., as the Motion seeks leave to supplement the Notice of Removal with correspondence from Plaintiff's counsel stating that Plaintiff's damages exceed $75,000, in compliance with the Court's 2 Order. Accordingly, the Clerk of Court is directed to docket the [4-3] correspondence as an exhibit to the #1 Notice of Removal. Signed by Magistrate Judge Erin Wilder-Doomes on 7/26/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
|
| Filing 4 MOTION for Leave to File Supplemental Notice of Removal by Apex Marine, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading;, #3 Exhibit 2022_07_19_pltf_counsel_email)(O'Cain, Patrick) |
| MOTION(S) REFERRED: #4 MOTION for Leave to File Supplemental Notice of Removal . This motion is now pending before the USMJ. (JEG) |
|
Filing 3
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 11/10/2022 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 10/27/2022. Signed by Magistrate Judge Erin Wilder-Doomes on 7/22/2022. (BLR)
|
|
Filing 2
NOTICE AND ORDER: In support of amount in controversy, the #1 Notice of Removal references a pre-removal email in which counsel for Plaintiff affirmatively states that Plaintiff's damages exceed $75,000. By no later than July 29, 2022 Defendant shall file a motion to supplement the #1 Notice of Removal to include the email as an exhibit. Because it is not facially apparent from the Petition that Plaintiff's damages likely exceed $75,000, exclusive of interests and costs, Defendant must meet that burden by a preponderance of the evidence. While "summary judgment-type evidence" can be considered in support of removal (see, Manguno v. Prudential Prop. and Cas. Ins. Co., 276 F.3d 720, 723 (5th Cir. 2002) (citations omitted)), counsel's arguments or statements in briefs are not "summary judgment-type evidence." Signed by Magistrate Judge Erin Wilder-Doomes on 7/22/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
|
| Filing 1 NOTICE OF REMOVAL from 19th JDC, East Baton Rouge Parish, Case Number C-720083 Div 23. (Filing fee $ 402 receipt number ALAMDC-2453396), filed by Apex Marine, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Attachment Ex. A - Petition, #3 Attachment State Court Record)(O'Cain, Patrick) (Attachment 1 replaced on 7/22/2022) (JEG). Modified on 7/22/2022 to update State Court information (JEG). ( #4 Exhibit) (LLH). Modified on 7/26/2022 to add document as per Order #5 (LLH). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Louisiana Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Ewing v. Apex Marine, Inc. | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Wilson J Ewing | |
| Represented By: | Kevin Reeve Duck |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Apex Marine, Inc. | |
| Represented By: | Patrick J. O'Cain |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
