Smith et al v. Avina et al
| Gerard Smith and Dante Smith |
| Jesus C. Avina, Jesus Christian Alehandro Bandera Avina, MVT Services, LLC and American Trucking and Transportation Insurance Company |
| 3:2022cv00561 |
| August 17, 2022 |
| US District Court for the Middle District of Louisiana |
| Richard L Bourgeois |
| John W deGravelles |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Petition for Removal |
| None |
Docket Report
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Filing 10
SCHEDULING ORDER: The Scheduling Conference set for 10/20/2022 is CANCELLED. In accordance with FRCP 16(b), the following discovery deadlines are established. Amended Pleadings due by 1/6/2023. F.R.C.P. 26(a)(1) disclosures due by 10/13/2022. Discovery due by 10/23/2023. Plaintiff`s Expert Witness List due by 10/23/2023. Defendant`s Expert Witness List due by 11/22/2023. Plaintiff`s Expert Reports due by 12/29/2023. Defendant`s Expert Reports due by 1/29/2024. Discovery from Experts due by 3/29/2024. Motions shall be filed by 6/3/2024. Proposed Pretrial Order due by 9/27/2024. Pretrial Conference set for 10/17/2024 at 01:30 PM in chambers before Judge John W. deGravelles. Motions In Limine shall be filed by 11/1/2024. Affidavit of Settlement Efforts due by 11/22/2024. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 12/2/2024. Jury Trial set for 12/16/2024 - 12/19/2024 at 09:00 AM in Courtroom 1 before Judge John W. deGravelles. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 10/13/2022. (SGO)
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Filing 9
Joint STATUS REPORT by All Plaintiffs. (Boutwell, Gary)
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Filing 8
MEMORANDUM in Opposition to #4 MOTION to Remand filed by All Defendants. (Attachments: #1 Exhibit 1 - Settlement Offer for G. Smith, #2 Exhibit 2 - Settlement Offer for D. Smith, #3 Exhibit 3 - Excerpts of Medical Records of G. Smith, #4 Exhibit 4 - Excerpts of Medical Records of D. Smith, #5 Exhibit 5 - G. Smith Alleged Damages, #6 Exhibit 6 - D. Smith Alleged Damages)(Cook, Katherine)
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Filing 7
Exhibit(s) to #4 MOTION to Remand by All Plaintiffs. (Attachments: #1 Exhibit Gerard Smith's Responses to Interrogatories and Requests for Production of Documents from Defendants (redacted), #2 Exhibit Dante Smith's Responses to Interrogatories and Requests for Production of Documents from Defendants (redacted))(Boutwell, Gary)
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Filing 6
Notice of Deficiency with Administrative Procedure III(A)(1) as to #4 Motion to Remand. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. (EDC)
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MOTION(S) REFERRED: #4 MOTION to Remand . This motion is now pending before the USMJ. (EDC)
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Filing 5
Certificate of Interested Persons by Dante Smith, Gerard Smith (Boutwell, Gary) (Main Document 5 replaced on 9/12/2022) (EDC). (Main Document 5 replaced on 9/12/2022) (EDC). Modified on 9/12/2022 to flatten document. (EDC).
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Filing 4
MOTION to Remand by All Plaintiffs (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Boutwell, Gary)
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Filing 3
Certificate of Interested Persons by American Trucking and Transportation Insurance Company, Jesus C. Avina, MVT Services, LLC identifying Affiliate/Interested Person American Trucking and Transportation Insurance Company, Affiliate/Interested Person MVT Services, LLC, Affiliate/Interested Person MVT Holdings, LLC, Affiliate/Interested Person Gerard Smith, Affiliate/Interested Person Dante Smith, Affiliate/Interested Person Jesus C. Avina, Affiliate/Interested Person MVT Enterprises, Affiliate/Interested Person Kleinpeter, Schwartzberg & Boutwell for American Trucking and Transportation Insurance Company, Jesus C. Avina, MVT Services, LLC.. (Cook, Katherine)
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Filing 2
SCHEDULING CONFERENCE ORDER: Telephone Scheduling Conference set for 10/20/2022 at 10:30 AM before Magistrate Judge Richard L. Bourgeois Jr. Counsel for Plaintiff(s) shall initiate the call to all parties then contact the Court at (225) 389-3602. Status Report due by 10/6/2022. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/24/2022. (SGO)
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Filing 1
NOTICE OF REMOVAL from 19th JDC East Baton Rouge Parish, Case Number C711686. (Filing fee $ 402 receipt number ALAMDC-2464678), filed by MVT Services, LLC, Jesus C. Avina, American Trucking and Transportation Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court Record, #3 Exhibit Notice of Filing of Removal)(Cook, Katherine)
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