Talley v. MasTec, Inc. et al
| Robert Talley |
| MasTec, Inc. and Rene Boudreaux, III |
| Kevin Milton, AG Quality Construction LLC and Mesa Underwriters Specialty Insurance Company |
| 3:2023cv00202 |
| March 15, 2023 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Brian A Jackson |
| Erin Wilder-Doomes |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Negotiable Instrument |
| None |
Docket Report
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Filing 12
NOTICE AND ORDER: On or before 5/16/2023, MasTec Network Solutions, LLC shall file a motion for leave to file an amended Notice of Removal in the lead case that adequately alleges the citizenship of the currently named defendant MasTec, Inc. IN THE ALTERNATIVE, on or before 5/16/2023, Plaintiff shall file a motion for leave to file an Amended Complaint to substitute MasTec Network Solutions, LLC for MasTec, Inc. in Civil Action No. 23-202, if Plaintiff Robert Talley agrees that MasTec Network Solutions, LLC is the correct defendant. On or before 5/16/2023, Plaintiff Robert Talley shall address the argument that Defendants Rene P. Boudreaux, III and Kevin Milton were improperly joined by filing either: (1) a motion to remand or, (2) a motion for leave to file an Amended Complaint, as stated herein. Considering the Order of Consolidation, the Notice and Order issued on March 22, 2023 in Civil Action No. 23-202 is VACATED. This Notice and Order governs. Plaintiff did not timely comply with the March 22, 2023 Notice and Order and is advised that failure to timely comply with Court Orders may result in sanctions. Amended Pleadings due by 5/16/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 5/3/2023. (EDC)
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| Case reassigned to Judge John W. deGravelles. Judge Brian A. Jackson no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (NLT) |
| Case reassigned to Chief Judge Shelly D. Dick. Judge John W. deGravelles no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (NLT) |
| Filing 11 Notice to Counsel: In light of the Court's Order (R. Doc. 10), the Scheduling Conference is reset for 7/6/2023 at 10:30 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report is now due by 6/22/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
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Filing 10
ORDER granting #9 Motion for Extension of time to File Responsive Pleadings for good cause shown. Defendant, Mesa Underwrites Specialty Insurance Company, is hereby granted an extension of time until and through May 23, 2023 within which to file responsive pleadings. Signed by Magistrate Judge Erin Wilder-Doomes on 4/24/2023. (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: #9 MOTION Extension of Time . This motion is now pending before the USMJ. (EDC) |
| Filing 9 MOTION Extension of Time by Mesa Underwriters Specialty Insurance Company (Attachments: #1 Proposed Pleading; Proposed Order)(Brewster, Alexander) |
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Filing 8
ORDER OF CONSOLIDATION: IT IS ORDERED that Civil Action No. 23-00284-SDD-RLB shall be and is hereby CONSOLIDATED with Civil Action No. 23-00202-BAJ-EWD for all purposes. FURTHER ORDERED that Civil Action No. 23-00284-SDD-RLB is REASSIGNED to United States District Judge Brian A. Jackson and United States Magistrate Judge Erin Wilder-Doomes. Counsel shall review Local Rule 10(b) for procedure governing consolidated cases. Signed by Judge Brian A. Jackson on 4/21/2023. (JEG)
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Filing 7
NOTICE AND ORDER: On or before April 12, 2023, Plaintiff Robert Talley shall address the citizenship issue discussed in this Order regarding Rene P. Boudreaux, III by filing either: (1) a motion to remand, if Plaintiff believes that he has a reasonable likelihood of recovery against Rene P. Boudreaux, III or (2) a motion for leave to file an Amended Complaint, which contains all of Plaintiff's allegations, as revised, supplemented, and/or amended, and that deletes all claims against Rene P. Boudreaux, III. Amended Pleadings due by 4/12/2023. Motions shall be filed by 4/12/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 3/17/2023. (EDC)
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Filing 6
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 5/11/2023 at 11:30 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 4/27/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 3/22/2023. (BLR)
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| Filing 5 Exhibit(s) to 2 Notice of Deficiency with Administrative Procedures III(A)(1),, #1 Notice of Removal, by Rene Boudreaux, III, MasTec, Inc.. (Attachments: #1 Exhibit State Court File, #2 Exhibit Notice to State Court of Removal)(Guerry, Michael) |
| Filing 4 Certificate of Interested Persons by Rene Boudreaux, III, MasTec, Inc. identifying Affiliate/Interested Person MasTec Network Solutions, LLC, Affiliate/Interested Person ACE American Insurance Company, now known as "Chubb Insurance" for MasTec, Inc... (Guerry, Michael) (Main Document 4 replaced on 3/20/2023) (EDC). Modified on 3/20/2023 to flatten document. (EDC). |
| Filing 3 NOTICE OF DEFICIENCY with LR 7.1 as to #1 Notice of Removal. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (EDC) |
| Filing 2 Notice of Deficiency with Administrative Procedure III(A)(1) as to #1 Notice of Removal. 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. Each exhibit MUST include a description (e.g., Ex.1 Plaintiff Depo). (EDC) |
| Filing 1 NOTICE OF REMOVAL from 19th JDC, East Baton Rouge Parish, Case Number 728585. (Filing fee $ 402 receipt number ALAMDC-2556097), filed by MasTec, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Page)(Guerry, Michael) |
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