C.D.W. Services LLC v. The Upper Room Bible Church, Inc. et al
Plaintiff: C.D.W. Services LLC
Defendant: The Upper Room Bible Church, Inc D/B/A The Upperroom Bible Church & Preschool, The Upper Room Bible Church, Inc. doing business as The Upper Bible Church & Preschool, Carol G Rowe and Herbert H. Rowe, Jr.
Garnishee: Federal Emergency Management Agency (FEMA) and Louisiana Office of Homeland Security and Emergency Preparedness
Case Number: 3:2023cv00332
Filed: May 1, 2023
Court: US District Court for the Middle District of Louisiana
Presiding Judge: Shelly D Dick
Referring Judge: Scott D Johnson
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1441 Notice of Removal-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 29, 2023 Filing 25 Amended MOTION for Michael J Riley Sr to Withdraw as Attorney by Carol G Rowe, Herbert H. Rowe, Jr., The Upper Room Bible Church, Inc. (Attachments: #1 Affidavit Amended Certificate)(Riley, Michael)
June 29, 2023 MOTION(S) REFERRED: #24 MOTION for Michael J Riley Sr to Withdraw as Attorney . This motion is now pending before the USMJ. (JEG)
June 28, 2023 Filing 24 MOTION for Michael J Riley Sr to Withdraw as Attorney by Carol G Rowe, Herbert H. Rowe, Jr., The Upper Room Bible Church, Inc. (Attachments: #1 Affidavit Certificate of Compliance, #2 Proposed Pleading; Proposed Order of Withdrawal)(Riley, Michael)
June 12, 2023 Filing 23 REPLY Memorandum in Support of #7 MOTION to Dismiss filed by Louisiana Office of Homeland Security and Emergency Preparedness. (LLH)
June 12, 2023 Opinion or Order Filing 22 ORDER granting #21 MOTION for Leave to File Reply Memorandum in Response to UBC Opposition to State of Louisiana Motion for Dismissal filed by Louisiana Office of Homeland Security and Emergency Preparedness. Signed by Chief Judge Shelly D. Dick on 6/12/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
June 9, 2023 Filing 21 MOTION for Leave to File Reply Memorandum in Response to UBC Opposition to State of Louisiana Motion for Dismissal by Louisiana Office of Homeland Security and Emergency Preparedness (Attachments: #1 Proposed Pleading; Reply Memorandum, #2 Attachment Proposed Order)(Rogers, Morgan)
June 5, 2023 Opinion or Order Filing 20 ORDER: The #16 Motion for Leave to file amended Notice of Removal contains no explanation for the need to amend, or any information regarding the substance and propriety of the proposed amended Notice of Removal. The Motion for Leave is likewise opposed. Given that, and without any substantive information to go on, the Court must DENY the Motion for Leave to file Amended Notice of Removal (R. Doc. 16). Signed by Magistrate Judge Scott D. Johnson on 6/5/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
June 5, 2023 Filing 19 REPLY Memorandum in Support of #12 MOTION to Remand filed by C.D.W. Services LLC. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit A-1 CDW UBC Contract)(LLH)
June 5, 2023 Opinion or Order Filing 18 ORDER: Plaintiff's ex parte #17 Motion for Leave to file a Reply Memorandum in support of its Motion to Remand (R. Doc. 12) is GRANTED. The Clerk of Court will file Plaintiff's Reply Memorandum (R. Doc. 17-1) and its attached Exhibits (R. Docs. 17-2 to 17-3) into the record. Signed by Magistrate Judge Scott D. Johnson on 6/5/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
June 1, 2023 MOTION(S) REFERRED: #17 MOTION for Leave to File Reply Memorandum in Response to Opposition to Motion to Remand. This motion is now pending before the USMJ. (EDC)
June 1, 2023 MOTION(S) REFERRED: #16 MOTION for Leave to File Amended Notice of Removal. This motion is now pending before the USMJ. (EDC)
May 31, 2023 Filing 17 Motion for Leave to File Reply Memorandum in Response to Opposition to #12 MOTION to Remand filed by C.D.W. Services LLC. (Attachments: #1 Proposed Pleading; Reply Memorandum, #2 Exhibit A Affidavit of Christopher D. Walker, #3 Exhibit A-1 CDW UBC Contract, #4 Proposed Pleading; Proposed Order Granting Leave)(Milanese, Frank) Modified on 6/1/2023 to edit text. (EDC).
May 31, 2023 Filing 16 Motion for Leave to File Amended Notice of Removal against C.D.W. Services LLC, Federal Emergency Management Agency (FEMA), Louisiana Office of Homeland Security and Emergency Preparedness, filed by The Upper Room Bible Church, Inc.. (Attachments: #1 Proposed Pleading; Amended Notice of Removal, #2 Proposed Pleading; Proposed Order, #3 Exhibit Sheriff's Notice of Seizure in Garnishment, #4 Exhibit State Clerk Citation in Garnishment, #5 Exhibit Petition for Garnishment - State, #6 Exhibit Order of Garnishment-State, #7 Exhibit Interrogatories of Garnishment, #8 Exhibit Award of Arbitrator, #9 Exhibit Judicial Confirmation of Arbitration Award, #10 Exhibit FEMA Strategic Funds Management-Implementation Procedures for Public Assistance Program, #11 Attachment Notice of filing to State Court)(Riley, Michael) Modified on 6/1/2023 to edit text. (EDC).
May 28, 2023 Filing 15 MEMORANDUM in Opposition to #5 MOTION to Dismiss for Failure to State a Claim Upon Which Relief May Be Granted, #7 MOTION to Dismiss , #12 MOTION to Remand filed by The Upper Room Bible Church, Inc.. (Attachments: #1 Exhibit FEMA Funding SOP)(Riley, Michael)
May 11, 2023 Filing 14 Exhibit(s) to #12 MOTION to Remand by C.D.W. Services LLC. (Attachments: #1 Exhibit A-1 CDW UBC Arbitration Award, #2 Exhibit A-2 UBC Bankruptcy Third Amended Disclosure Statement, #3 Exhibit A-3 UBC Grant Details, #4 Exhibit B March 25, 2020 Bankruptcy Court Order, #5 Exhibit C July 2, 2020 Order Dismissing Bankruptcy case, #6 Exhibit D First Bank Writ of Seizure and Sale, #7 Exhibit E August 29, 2022 CDC Judgment confirming Arbitration Award, #8 Exhibit F 19th JDC Petition to Make Judgment Executory and for Garnishment, #9 Exhibit G April 12, 2023 19th JDC Judgment, #10 Exhibit H 19th JDC Garnishment Interrogatories and Notice of Seizure to GOHSEP, #11 Exhibit I Affidavit of Christopher D. Walker, #12 Exhibit J UBC LA Secretary of State record)(Milanese, Frank) Modified on 5/12/2023 to edit the text (NLT)
May 11, 2023 Filing 13 Notice of Deficiency with Administrative Procedure III(A)(1) as to #12 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. Each exhibit MUST include a description (e.g., Ex.1 Plaintiff Depo). (EDC)
May 11, 2023 MOTION(S) REFERRED: #12 MOTION to Remand . This motion is now pending before the USMJ. (EDC)
May 10, 2023 Filing 12 MOTION to Remand by C.D.W. Services LLC (Attachments: #1 Memo in Support, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Proposed Pleading; Proposed Order)(Milanese, Frank)
May 10, 2023 Opinion or Order Filing 11 SCHEDULING CONFERENCE ORDER: Telephone Scheduling Conference set for 8/17/2023 at 01:30 PM before Magistrate Judge Scott D. Johnson. Status Report due by 8/3/2023. Signed by Magistrate Judge Scott D. Johnson on 5/10/2023. (KAH)
May 10, 2023 Filing 10 Certificate of Interested Persons by C.D.W. Services LLC identifying Corporate Parent C.D.W. Services LLC, Affiliate/Interested Person Christopher D. Walker for C.D.W. Services LLC. (Milanese, Frank)
May 9, 2023 Filing 9 Letter to Attorney Ryan Seidemann regarding Warren Bates, Jr. who is Co-Counsel for party Louisiana Office of Homeland Security and Emergency Preparedness. Attorney is not admitted to practice in LAMD. (EDC)
May 9, 2023 Filing 8 Certificate of Interested Persons by Louisiana Office of Homeland Security and Emergency Preparedness. (Seidemann, Ryan)
May 9, 2023 Filing 7 MOTION to Dismiss by Louisiana Office of Homeland Security and Emergency Preparedness (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Seidemann, Ryan)
May 3, 2023 Filing 6 NOTICE OF DEFICIENCY with LR 7.1 as to #4 Certificate of Interested Persons. Failure to add interested persons to CM/ECF upon filing of Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall add all interested persons listed on the certificate using the event Add Interested Person located under Notices in the CM/ECF system. (EDC)
May 2, 2023 Filing 5 MOTION to Dismiss for Failure to State a Claim Upon Which Relief May Be Granted by The Upper Room Bible Church, Inc. (Attachments: #1 Attachment Memorandum In Support Motion to Dismiss, #2 Exhibit Sheriff's Notice of Seizure in Garnishment, #3 Exhibit State Clerk Citation in Garnishment, #4 Exhibit State Petition for Garnishment, #5 Exhibit Order of Garnishment-State, #6 Exhibit Interrogatories of Garnishment, #7 Exhibit Award of Arbitrator, #8 Exhibit Judicial Confirmation of Arbitration Award)(Riley, Michael)
May 2, 2023 Filing 4 Certificate of Interested Persons by The Upper Room Bible Church, Inc. d/b/a The Upper Room Bible Church & Preschool (Riley, Michael) Modified on 5/3/2023 to edit text. (EDC).
May 2, 2023 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)
May 1, 2023 Filing 2 Corporate Disclosure Statement by The Upper Room Bible Church, Inc.. (EDC)
May 1, 2023 Filing 1 NOTICE OF REMOVAL from 19th District Court for the Parish of East Baton Rouge, Case Number C-730808 23. (Filing fee $ 402 receipt number BLAMDC-2576128), filed by The Upper Room Bible Church, Inc D/B/A The Upperroom Bible Church & Preschool. (Attachments: #1 Attachment Civil Cover Sheet, #2 Attachment Corp Disclosure, #3 Exhibit Sheriff's Notice of Seizure in Garnishment, #4 Exhibit State Clerk Citation in Garnishment, #5 Exhibit State Petition for Garnishment, #6 Exhibit Order of Garnishment-State, #7 Exhibit Interrogatories of Garnishment, #8 Exhibit Award of Arbitrator, #9 Exhibit Judicial Confirmation of Arbitration Award)(Riley, Michael)

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Plaintiff: C.D.W. Services LLC
Represented By: Frank Anthony Milanese
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Defendant: The Upper Room Bible Church, Inc D/B/A The Upperroom Bible Church & Preschool
Represented By: Michael Jerome Riley, Sr
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Defendant: The Upper Room Bible Church, Inc. doing business as The Upper Bible Church & Preschool
Represented By: Michael Jerome Riley, Sr
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Defendant: Carol G Rowe
Represented By: Michael Jerome Riley, Sr
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Defendant: Herbert H. Rowe, Jr.
Represented By: Michael Jerome Riley, Sr
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Garnishee: Federal Emergency Management Agency (FEMA)
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Garnishee: Louisiana Office of Homeland Security and Emergency Preparedness
Represented By: Ryan Seidemann
Represented By: Morgan Ducote Rogers
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