Talley v. AG Quality Construction LLC et al
| Robert Talley |
| Kevin Milton, AG Quality Construction LLC and Mesa Underwriters Specialty Insurance Company |
| 3:2023cv00284 |
| April 14, 2023 |
| US District Court for the Middle District of Louisiana |
| Richard L Bourgeois |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Torts to Land |
| 28 U.S.C. § 1332 Diversity-Torts to Land |
| Defendant |
Docket Report
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Filing 16
ORDER granting #15 Motion to Strike Rec. Doc. 14 Mistakenly Filed in Case No. 3:23-cv-00284. Signed by Magistrate Judge Erin Wilder-Doomes on 5/25/2023. (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: #15 MOTION to Strike 14 Answer to Complaint . This motion is now pending before the USMJ. (JEG) |
| Filing 15 MOTION to Strike 14 Answer to Complaint by Mesa Underwriters Specialty Insurance Company (Attachments: #1 Proposed Pleading; Proposed Order)(Burns, Brent) |
| Filing 14 STRICKEN FROM THE RECORD ANSWER and Affirmative Defenses to Complaint with Jury Demand by Mesa Underwriters Specialty Insurance Company.(Burns, Brent) Modified on 5/24/2023 to edit title of document. (JEG). Modified on 5/25/2023 to remove document as it has been stricken by Order #16 (LLH). |
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Filing 13
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 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) |
| 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) |
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Filing 12
ORDER granting #11 Motion to Strike Rec. Doc. 10 Mistakenly Filed. 10 Motion for Extension of Time to Responsive Pleadings 10 be and is hereby STRICKEN from the record. Signed by Judge Brian A. Jackson on 4/25/2023. (EDC)
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| Filing 11 MOTION to Strike an Incorrectly Filed Document 10 MOTION for Extension of Time to File Answer to #1 Notice of Removal,,, by Mesa Underwriters Specialty Insurance Company (Attachments: #1 Proposed Pleading; Proposed Order)(Brewster, Alexander) |
| Filing 10 STRICKEN FROM THE RECORD MOTION for Extension of Time to File Answer to #1 Notice of Removal,,, by Mesa Underwriters Specialty Insurance Company (Attachments: # 1 Proposed Pleading; Proposed Order)(Brewster, Alexander) Modified on 4/26/2023 to remove the document as it has been stricken in accordance with record document 12. (EDC). |
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Filing 9
ORDER: 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 Chief Judge Shelly D. Dick on 4/21/2023. (JEG)
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| Cases Associated:Create association to 3:23-cv-00202-BAJ-EWD. The captioned matter is consolidated with Lead Case 23-00202-BAJ-EWD and reassigned to BAJ-EWD. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JEG) |
| Case Reassigned to Judge Brian A. Jackson and Magistrate Judge Erin Wilder-Doomes. Chief Judge Shelly D. Dick, 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.) (JEG) |
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Filing 8
ORDER granting #3 MOTION to Substitute Notice of Removal. The Clerk's Office shall substitute R. Doc. 3-1 in place of R. Doc. 1. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 4/20/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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| Filing 7 NOTICE to the Court of Possible Related Case by Mesa Underwriters Specialty Insurance Company (Brewster, Alexander) Modified on 4/17/2023 to edit title of document. (JEG). |
| Filing 6 Certificate of Interested Persons by Mesa Underwriters Specialty Insurance Company identifying Affiliate/Interested Person BlackRock, Inc., Affiliate/Interested Person Mesa Underwriters Specialty Insurance Company, Affiliate/Interested Person Robert Talley, Affiliate/Interested Person Kevin Milton, Affiliate/Interested Person Gibbs, Affiliate/Interested Person Thomas E. Gibbs Attorney at Law, Affiliate/Interested Person AG Quality Construction, LLC, Affiliate/Interested Person Adson Riberio, Affiliate/Interested Person Douglas Holmes, Affiliate/Interested Person Chaffe McCall, Affiliate/Interested Person Joseph L. Spilman, Affiliate/Interested Person Alexander J. Brewster, Affiliate/Interested Person Pugh Accardo LLC, Affiliate/Interested Person Brent Burns, Affiliate/Interested Person Lawrence Pugh, Affiliate/Interested Person The Vanguard Group, Affiliate/Interested Person Selective Insurance Group, Inc. for Mesa Underwriters Specialty Insurance Company.. (Brewster, Alexander) |
| Filing 5 Corporate Disclosure Statement by Mesa Underwriters Specialty Insurance Company identifying Corporate Parent Selective Insurance Group, Inc., Affiliate/Interested Person BlackRock, Inc., Affiliate/Interested Person The Vanguard Group for Mesa Underwriters Specialty Insurance Company.. (Brewster, Alexander) |
| Filing 4 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. (JEG) |
| Filing 3 MOTION to Substitute #1 Notice of Removal by Mesa Underwriters Specialty Insurance Company (Attachments: #1 Exhibit A - Corrected Notice of Removal, #2 Proposed Pleading; Proposed Order)(Brewster, Alexander) Modified on 4/14/2023 to add linkage to document 1 and edit docket text. (JEG). |
| Filing 2 NOTICE of All Parties Remaining in this Action and Certificate of Compliance Pursuant to 28 U.S.C 1447(B) by Mesa Underwriters Specialty Insurance Company (Brewster, Alexander) Modified on 4/14/2023 to edit title of document. (JEG). |
| Filing 1 NOTICE OF REMOVAL from 19th JDC, East Baton Rouge Parish, Case Number C-728586 Div 30. (Filing fee $ 402 receipt number ALAMDC-2569179), filed by Mesa Underwriters Specialty Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Petition for Damages, #3 Exhibit 2 - Declaration of Doug Holmes, #4 Exhibit 3 - Declaration of Heather Korsgaard, #5 Exhibit 4 - State Court Certified Petition, #6 Exhibit 4 - State Court Certified Citation to MESA, #7 Exhibit 4 - State Court Certified Citation to Milton, #8 Exhibit 4 - State Court Certified Motion for Extension, #9 Exhibit 5 - Certified Return on MESA, #10 Exhibit 5 - Certified Return on Milton)(Brewster, Alexander) Modified on 4/14/2023 to edit State Court information. (JEG). . Modified on 4/21/2023 to replace document per Order #8 (LLH). |
| MOTION(S) REFERRED: #3 MOTION to Substitute Rec. Doc 1 - Notice of Removal . This motion is now pending before the USMJ. (JEG) |
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