Fleming v. Brynnen Murphy et al
| April Johnson Fleming |
| Spires of Sherwood Owner LLC, Magnolia Trace Apartments LLC, Brynnen Murphy, The NHP Foundation, Spires of Sherwood Holdings, LLC, ABC-1 Insurance Company, ABC-2 Insurance Company, XYZ-1 Insurance Company and XYZ-2 Insurance Company |
| 3:2023cv00468 |
| June 19, 2023 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Scott D Johnson |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Wrongful Death |
| Both |
Docket Report
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This docket was last retrieved on August 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 33 Joint MEMORANDUM in Opposition to #21 MOTION to Remand filed by Magnolia Trace Apartments LLC, Spires of Sherwood Owner LLC. (Attachments: #1 Exhibit A - proof of representation by public defender, #2 Exhibit B - correspondence regarding lack of assets)(Anada, Tarak) |
| Filing 32 SUMMONS Returned Executed by April Johnson Fleming. Brynnen Murphy served on 7/31/2023, answer due 8/21/2023. (Jackson, Dorothy) |
| Filing 31 Summons Issued as to Brynnen Murphy. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (ELW) |
| Filing 30 Summons Submitted as to Brynnen Murphy (Jackson, Dorothy) |
Filing 29
ORDER denying #24 Motion to Amend, without prejudice, as written. Signed by Magistrate Judge Scott D. Johnson on 7/25/2023. (LLH)
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Filing 28
ORDER The #18 Order on #14 Motion to Dismiss was entered in error and is VACATED. Signed by Chief Judge Shelly D. Dick on 7/19/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(SWE)
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Filing 27
ORDER: The Court has reviewed Plaintiff's remaining July 18, 2023 filings: two Motions to Strike (R. Docs. 23 and 24), which appear to be identical. But these filings are actually Motions for Leave to Amend; they are just incorrectly identified as Motions to Strike (R. Docs. 23 and 24) on the docket. Because they are identical, the Court ORDERS that Plaintiff's initial Motion to Strike (R. Doc. 23), filed on July 18, 2023, be STRUCK from the record by the Clerk of Court. A separate Order will issue addressing the remaining filing (R. Doc. 24). Signed by Magistrate Judge Scott D. Johnson on 7/19/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
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Filing 26
ORDER: The Court has reviewed the July 18- 19, 2023 filings by Plaintiff (R. Docs. 22, 23, 24, 25). This is the first of several Orders that will issue addressing those filings (R. Docs. 22, 23, 23, 25), and the parties are instructed to withhold any additional and related filings until the Court has issued Orders addressing all four pending Motions (R. Docs. 22, 23, 24, 25). First, the #25 Motion to Strike, which asks the Court to strike the initial Motion for Leave to Amend (R. Doc. 22) because of a mistaken representation (R. Doc. 22 at 2), is GRANTED, and the Clerk of Court is directed to STRIKE the initial Motion for Leave to Amend (R. Doc. 22) from the record. Signed by Magistrate Judge Scott D. Johnson on 7/19/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
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| Filing 25 MOTION to Strike an Incorrectly Filed Document 22 MOTION to Amend by April Johnson Fleming (Jackson, Dorothy) |
| MOTION(S) REFERRED: #21 MOTION to Remand , #24 MOTION to Amend . This motion is now pending before the USMJ. (ELW) |
| Filing 24 MOTION to Amend by April Johnson Fleming (Attachments: #1 Proposed Pleading; First Amended and Supplemental Complaint)(Jackson, Dorothy) |
| Filing 23 STRICKEN FROM THE RECORD MOTION to Strike an Incorrectly Filed Document 22 MOTION to Amend by April Johnson Fleming (Attachments: # 1 Proposed Pleading; First Amended and Supplemental Complaint)(Jackson, Dorothy) Modified on 7/19/2023 to remove document as it has been stricken by Order #27 (LLH). |
| Filing 22 STRICKEN FROM THE RECORD MOTION to Amend by April Johnson Fleming (Attachments: # 1 Proposed Pleading; First Amended and Supplemental Complaint)(Jackson, Dorothy) Modified on 7/19/2023 to remove document as it has been stricken by ORder #26 (LLH). |
| Filing 21 MOTION to Remand by April Johnson Fleming (Attachments: #1 Attachment Memorandum)(Jackson, Dorothy) |
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Filing 20
ORDER granting #19 Motion to Enroll Additional Attorney. Added attorney Brittany Young for April Johnson Fleming. Signed by Magistrate Judge Scott D. Johnson on 7/18/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
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| MOTION(S) REFERRED: #19 MOTION to Enroll Brittany M. Young as Additional Attorney . This motion is now pending before the USMJ. (ELW) |
| Filing 19 MOTION to Enroll Brittany M. Young as Additional Attorney by April Johnson Fleming (Jackson, Dorothy) |
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Filing 18
ORDER granting #14 Motion to Dismiss. The claims against Defendant Brynnen Murphy are hereby dismissed without prejudice. Signed by Chief Judge Shelly D. Dick on 7/5/2023. (ELW)
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| Filing 17 Certificate of Interested Persons by Magnolia Trace Apartments LLC identifying Corporate Parent Magnolia Trace Apartments, LLC, Corporate Parent DNJ 2016 Family Trust, Corporate Parent Todd Menowitz, Corporate Parent Spires of Sherwood Owner LLC, Corporate Parent Spires of Sherwood Holding LLC, Corporate Parent JOS Irrevocable Trust, Corporate Parent EVU Residential, Corporate Parent Magnolia Trace Apts. LLC, Corporate Parent Magnolia Trace Apts. Owner LLC, Corporate Parent Magnolia Trace Apts. MM LLC, Corporate Parent Stonebridge Partner LLC, Corporate Parent RAYLBNT LLC, Corporate Parent RSBRM Apts. LLC, Corporate Parent Mark Silber, Corporate Parent Bergenfield Investors, LLC, Corporate Parent RNBF Holdings, LLC, Corporate Parent April Johnson Fleming, Corporate Parent Bernard Hyman, Corporate Parent Craig Koeningsberg, Corporate Parent Lewis Davy Johnson, Corporate Parent Arie Rashkes, Corporate Parent Brynnen Murphy, Corporate Parent James River Insurance Company for Magnolia Trace Apartments LLC.. (Eagan, Emily) (Main Document 17 replaced on 7/7/2023) (ELW). |
| Filing 16 ANSWER to Complaint with Jury Demand by Magnolia Trace Apartments LLC.(Eagan, Emily) |
| Filing 15 MEMORANDUM in Opposition to #14 MOTION to Dismiss Defendant Brynnen Murphy filed by April Johnson Fleming. (Jackson, Dorothy) |
| MOTION(S) REFERRED: #14 MOTION to Dismiss Defendant Brynnen Murphy. This motion is now pending before the USMJ. (ELW) |
| Filing 14 MOTION to Dismiss Defendant Brynnen Murphy by Magnolia Trace Apartments LLC, Spires of Sherwood Owner LLC (Attachments: #1 Attachment Memorandum in Support, #2 Attachment Proposed Order)(Anada, Tarak) |
| Filing 13 Letter to Attorney Dorothy F Jackson regarding Britany McKeel who is Co-Counsel for party Plaintiff. Attorney is not admitted to practice in LAMD. (ELW) |
| Filing 12 REPLY Memorandum in Support of #4 MOTION for Extension of Time To Serve Defendant, Brynnen Murphy filed by April Johnson Fleming. (Attachments: #1 Exhibit Affidavit, Email, Sheriff Return)(LLH) |
| Filing 11 Corporate Disclosure Statement by Magnolia Trace Apartments LLC identifying Corporate Parent Magnolia Trace Apts. LLC, Corporate Parent Magnolia Trace Apts. Owner LLC, Corporate Parent Magnolia Trace Apts. MM LLC, Corporate Parent Bergenfield Investors LLC, Corporate Parent Stonebridge Partner LLC, Corporate Parent RAYLBNT LLC, Corporate Parent RNBF Holdings LLC, Corporate Parent RSBRM Apts. LLC for Magnolia Trace Apartments LLC. (Bergeron, Nicholas) |
| Filing 10 MEMORANDUM in Opposition to #4 MOTION for Extension of Time To Serve Defendant, Brynnen Murphy filed by Magnolia Trace Apartments LLC. (Bergeron, Nicholas) |
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Filing 9
ORDER: Plaintiff has submitted an unopposed #8 Motion for Leave to file a Reply Memorandum (R. Doc. 8-1) in support of her Motion for Extension (R. Doc. 4) under Rule 4(m). Because it will aid the Court, Plaintiff's Motion for Leave (R. Doc. 8) is GRANTED, and the Reply Memorandum (R. Doc. 8-1) and its attached Exhibit (R. Doc. 8-2) will be filed in the record by the Clerk of Court. Signed by Magistrate Judge Scott D. Johnson on 6/27/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
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| MOTION(S) REFERRED: #8 MOTION for Leave to File Reply Memorandum to Defendant's Opposition to Motion for Extension of Time to Serve Brynnen Murphy . This motion is now pending before the USMJ. (ELW) |
| Filing 8 MOTION for Leave to File Reply Memorandum to Defendant's Opposition to Motion for Extension of Time to Serve Brynnen Murphy by April Johnson Fleming (Attachments: #1 Proposed Pleading; Memorandum, #2 Exhibit Affidavit, Email, Sheriff Return)(Jackson, Dorothy) |
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Filing 7
SCHEDULING CONFERENCE ORDER: Telephone Scheduling Conference set for 10/5/2023 at 10:00 AM before Magistrate Judge Scott D. Johnson. Status Report due by 9/21/2023. Signed by Magistrate Judge Scott D. Johnson on 6/22/2023. (KAH)
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Filing 6
ORDER: Within days of removal, Plaintiff filed a Motion for Extension (R. Doc. 4), requesting additional time to perfect service on Defendant Brynnen Murphy pursuant to Rule 4(m). Any party opposing the Motion for Extension (R. Doc. 4) is ORDERED to file their response by June 28, 2023. Signed by Magistrate Judge Scott D. Johnson on 6/22/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KAH)
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| Filing 5 MEMORANDUM in Opposition to #4 MOTION for Extension of Time To Serve Defendant, Brynnen Murphy filed by Spires of Sherwood Owner LLC. (Anada, Tarak) |
| Filing 4 MOTION for Extension of Time To Serve Defendant, Brynnen Murphy by April Johnson Fleming (Jackson, Dorothy) |
| Filing 3 NOTICE OF DEFICIENCY with LR 7.1 as to #2 Certificate of Interested Persons. Failure to add all listed 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. (ELW) |
| MOTION(S) REFERRED: #4 MOTION for Extension of Time To Serve Defendant, Brynnen Murphy. This motion is now pending before the USMJ. (LLH) |
| *** Add Interested Person by Magnolia Trace Apartments LLC identifying Affiliate/Interested Person EVU Residential, Affiliate/Interested Person Magnolia Trace Apts. LLC, Affiliate/Interested Person Magnolia Trace Apts. Owner LLC, Affiliate/Interested Person Magnolia Trace Apts. MM LLC, Affiliate/Interested Person Mark Silber, Affiliate/Interested Person Bergenfield Investors LLC, Affiliate/Interested Person Stonebridge Partner LLC, Affiliate/Interested Person RAYLBNT LLC, Affiliate/Interested Person RSBRM Apts LLC, Affiliate/Interested Person RNBF Holdings LLC, Affliate/Interested Person Brynnen Murphy for Magnolia Trace Apartments LLC. (Greenberg, Olivia) Modified on 6/21/2023 to edit text (LLH). |
| Filing 2 Certificate of Interested Persons by Spires of Sherwood Owner LLC identifying Corporate Parent Spires of Sherwood Holding LLC, Affiliate/Interested Person DNJ 2016 Family Trust, Affiliate/Interested Person Peter Glass, Affiliate/Interested Person Todd Menowitz, Affiliate/Interested Person Bernard Hyman, Affiliate/Interested Person Craig Koeningsberg, Affiliate/Interested Person Lewis Davy Johnson, Affiliate/Interested Person JOS Irrevocable Trust, Affiliate/Interested Person Arie Rashkes, Affiliate/Interested Person EVU Residential for Spires of Sherwood Owner LLC.. (Anada, Tarak) |
| Filing 1 NOTICE OF REMOVAL from 19th Judicial District Court for the Parish of East Baton Rouge, Case Number C-720835. (Filing fee $ 402 receipt number ALAMDC-2595822), filed by Spires of Sherwood Owner LLC. (Attachments: #1 Exhibit List Exhibit List, #2 Exhibit 1- State Court Record, #3 Exhibit 2- Citation Return Copy, #4 Exhibit 3- Settlement Demand, #5 Exhibit 4- Declaration of Michael Keith, #6 Exhibit 5- Declaration of Yosef Wolf, #7 Attachment Civil Cover Sheet)(Anada, Tarak) |
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