Avila et al v. Smith et al
| Celena Avila and Antonio Avila |
| Alfred Smith, III and United States of America |
| 3:2023cv01606 |
| November 16, 2023 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Motor Vehicle |
| 28 U.S.C. ยง 2674 Federal Tort Claims Act |
| None |
Docket Report
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Filing 10
GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019. (LLH)
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Filing 9
ORDER granting #7 Motion to Dismiss without Prejudice. Signed by Chief Judge Shelly D. Dick on 1/2/2024. (SWE)
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| Filing 8 Exhibit(s) to #7 Consent MOTION to Dismiss Without Prejudice by Antonio Avila, Celena Avila. (Andrews, Brandon) |
| Filing 7 Consent MOTION to Dismiss Without Prejudice by All Plaintiffs (Attachments: #1 Attachment Memorandum in Support, #2 Attachment Proposed Order)(Andrews, Brandon) |
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Filing 6
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 2/1/2024 at 02:30 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 1/18/2024. Signed by Magistrate Judge Erin Wilder-Doomes on 12/18/2023. (BLR)
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Filing 5
NOTICE AND ORDER: On November 20, 2023, the United States of America filed its #3 Motion for Substitution of Defendant Alfred Smith, III, and, in reliance on the [1-1] certification of U.S. Attorney Ronald C. Gathe, Jr. that Smith is "was acting within the scope of federal office or employment at the time of the incident out of which the plaintiff's claims arose," seeks to substitute the USA as defendant in this matter in place of Smith pursuant to 28 U.S.C.A. 2679 (d)(1), the Westfall Act ("Upon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a United States district court shall be deemed an action against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant."). See also Reece v. Hamm, No. CV 19-669-JWD-EWD, 2020 WL 13532866, at *4 (M.D. La. June 19, 2020) (holding that, under the Westfall Act, "Plaintiff's 'exclusive remedy for the negligent or wrongful act or omission of any employer of the United States acting in the scope of employment will be an action against the United States.'") The requirements of the Westfall Act appear to be met, and the deadline for Plaintiffs to oppose the #3 Motion has expired with no opposition from Plaintiffs. Accordingly, IT IS ORDERED that the USA's #3 Motion for Substitution is GRANTED, substituting the United States of America as Defendant in the place of Alfred Smith, III. Signed by Magistrate Judge Erin Wilder-Doomes on 12/15/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 4 Certificate of Interested Persons by Antonio Avila, Celena Avila identifying Affiliate/Interested Person United States, Affiliate/Interested Person United States Attorney's Office Middle District of Louisiana, Affiliate/Interested Person Charles Scott Courrege, Affiliate/Interested Person Kirk A. Guidry, Sr., Affiliate/Interested Person Alfred Smith, Affiliate/Interested Person B. Scott Andrews, Affiliate/Interested Person United States Marine Corps, Affiliate/Interested Person Due' Guidry Piedrahita Andrews Courrege, L.C. for Antonio Avila, Celena Avila.. (Andrews, Brandon) |
| MOTION(S) REFERRED: #3 MOTION to Substitute Party . This motion is now pending before the USMJ. (JEG) |
| Filing 3 MOTION to Substitute Party by United States of America (Attachments: #1 Proposed Order)(Griffith-Braud, Monica) Modified on 11/21/2023 to remove duplicate description of attachment. (JEG). |
| Filing 2 Certificate of Interested Persons by United States of America identifying Affiliate/Interested Person United States Attorney's Office Middle District of Louisiana, Affiliate/Interested Person Due', Guidry, Piedrahita & Andrews, LC, Affiliate/Interested Person Celena Avila, Affiliate/Interested Person Antonio Avila, Affiliate/Interested Person B. Scott Andrews, Affiliate/Interested Person United States Marine Corps for United States of America. (Griffith-Braud, Monica) Modified on 11/17/2023 to edit docket text.(JEG). |
| Filing 1 NOTICE OF REMOVAL from 23rd Judicial District Court, Parish of Ascension, State of Louisiana, Case Number 137,574 Div. C filed by United States of America. (Attachments: #1 Exhibit A - Certification of Employment by US Attorney, #2 Exhibit B - State Court docket, #3 Attachment Civil Cover Sheet)(Griffith-Braud, Monica) Modified on 11/17/2023 to remove duplicate description of attachments. (JEG). |
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