Hernandez et al v. United States of America et al
Plaintiff: Joel Hernandez and Minerva Vargas
Defendant: United States of America, United States Postal Service and Jennika Jones
Case Number: 3:2023cv01305
Filed: September 17, 2023
Court: US District Court for the Middle District of Louisiana
Presiding Judge: John W deGravelles
Referring Judge: Scott D Johnson
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 2671 Federal Tort Claims Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 18, 2023 Opinion or Order Filing 13 ORDER: Plaintiffs' #12 Motion to Substitute Complaint is GRANTED. The Clerk will substitute the corrected complaint (R. Doc. 12-3) in place of the original (R. Doc. 1); attachments remain unchanged. Furthermore, Plaintiffs' earlier #10 Motion to Substitute Complaint is TERMINATED as moot. Signed by Magistrate Judge Scott D. Johnson on 10/18/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
October 10, 2023 MOTION(S) REFERRED: #12 First MOTION to Substitute COMPLAINT . This motion is now pending before the USMJ. (JEG)
October 5, 2023 Filing 12 First MOTION to Substitute #1 Complaint by All Plaintiffs (Attachments: #1 Memo, #2 Proposed Order, #3 Complaint)(Duhon, Robert) Modified on 10/10/2023 to add linkage to document 1 and edit docket text. (JEG).
October 4, 2023 Opinion or Order Filing 11 SCHEDULING CONFERENCE ORDER: Telephone Scheduling Conference set for 12/14/2023 at 09:30 AM before Magistrate Judge Scott D. Johnson. Status Report due by 11/30/2023. Signed by Magistrate Judge Scott D. Johnson on 10/4/2023. (KAH)
October 3, 2023 MOTION(S) REFERRED: #10 MOTION to Substitute #1 Complaint. This motion is now pending before the USMJ. (JEG)
September 29, 2023 Filing 10 MOTION to Substitute #1 Complaint by All Plaintiffs (Attachments: #1 Proposed Order, #2 Proposed Pleading; Corrected Version of Complaint)(Duhon, Robert) Modified on 10/3/2023 to edit title of document and to add linkage to document 1. (JEG). .
September 22, 2023 Opinion or Order Filing 9 ORDER: Plaintiff's #6 Motion to Strike is GRANTED. The Court will also, sua sponte, strike R. Doc. 5 from the record, as a Motion to Amend is not the proper motion to address the errors in the Complaint (R. Doc. 1). Instead, Plaintiff shall file a Motion to Substitute, which attaches a corrected version of the Complaint, within 7 days of this order. Further, Plaintiff is advised to review Local Rule 7 regarding the proper filing of motions and memoranda. Finally, the Clerk's Office is instructed to strike R. Docs. 4 and 5 from the record. Signed by Magistrate Judge Scott D. Johnson on 9/22/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
September 20, 2023 Filing 8 Summons Issued as to Jennika Jones, United States Postal Service, United States of America, U.S. Attorney and U.S. Attorney General (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (Attachments: #1 Summons, #2 Summons, #3 Summons)(JEG)
September 20, 2023 Filing 7 Summons Submitted as to ATTORNEY GENERAL OF THE UNITED STATES (Duhon, Robert)
September 20, 2023 Filing 6 First MOTION to Strike 4 First MOTION to Amend Complaint by All Plaintiffs (Duhon, Robert)
September 20, 2023 MOTION(S) REFERRED: 4 First MOTION to Amend Complaint , 5 First MOTION to Amend Complaint, #6 First MOTION to Strike These motions are now pending before the USMJ. (JEG)
September 19, 2023 Filing 5 STRICKEN FROM THE RECORD First MOTION to Amend Complaint by All Plaintiffs (Attachments: # 1 PROPOSED ORDER, # 2 AMENDED COMPLAINT)(Duhon, Robert) Modified on 9/22/2023 to remove document as it has been stricken by Order #9 (LLH).
September 19, 2023 Filing 4 STRICKEN FROM THE RECORD First MOTION to Amend Complaint by All Plaintiffs (Attachments: # 1 PROPOSED ORDER, # 2 Proposed Pleading; AMENDED COMPLAINT)(Duhon, Robert) Modified on 9/22/2023 to remove document as it has been stricken by Order #9 (LLH).
September 19, 2023 Filing 3 Letter to Attorney Miguel a. Elias regarding Paula J. Ferreira who is Co-Counsel for Plaintiffs. Attorney is not admitted to practice in LAMD. (JEG)
September 17, 2023 Filing 2 Certificate of Interested Persons by Joel Danilo Hernandez, Minerva A Vargas identifying Affiliate/Interested Person MIGUEL A ELIAS APLC, Affiliate/Interested Person MEDICAL REHAB ACCIDENT INJURY CENTER, Affiliate/Interested Person DIAGNOSTIC IMAGING SERVICES, Affiliate/Interested Person ADVANCED PAIN INSTITUTE, Affiliate/Interested Person CAMS AUTOMOTIVE SERVICES for Joel Danilo Hernandez, Minerva A Vargas.. (DUHON, ROBERT)
September 17, 2023 Filing 1 COMPLAINT against Jennika Jones, United States Postal Service, United States of America ( Filing fee $ 402 receipt number ALAMDC-2637769.), filed by Joel Hernandez, Minerva Vargas. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Duhon, Robert) Modified on 9/19/2023 to edit docket text. (JEG). Modified on 10/18/2023 to replace complaint per Order #13 (LLH).

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Search for this case: Hernandez et al v. United States of America et al
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Plaintiff: Joel Hernandez
Represented By: Robert Elliot Duhon
Represented By: Miguel Abraham Elias
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Plaintiff: Minerva Vargas
Represented By: Robert Elliot Duhon
Represented By: Miguel Abraham Elias
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Defendant: United States of America
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Defendant: United States Postal Service
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Defendant: Jennika Jones
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