McCain et al v. State Farm Fire & Casualty Co
Plaintiff: Steven McCain and Kathy McCain
Defendant: State Farm Fire & Casualty Co
Case Number: 1:2021cv00559
Filed: March 4, 2021
Court: U.S. District Court for the Western District of Louisiana
Presiding Judge: David C Joseph
Referring Judge: Joseph H L Perez-Montes
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 19, 2022 Opinion or Order Filing 26 ORDER granting #25 Joint/Voluntary Motion to Dismiss. IT IS HEREBY ORDERED that this lawsuit and all claims asserted by Plaintiffs, Steven McCain and Kathy McCain, against Defendant, State Farm Fire and Casualty Company, are DISMISSED WITH PREJUDICE, with each party to bear their own costs and attorneys fees. Signed by Judge David C. Joseph on 5/19/2022. (crt,Jordan, P) Modified to reflect signing judge on 5/19/2022 (Jordan, P).
May 18, 2022 Filing 25 JOINT MOTION to Dismiss by State Farm Fire & Casualty Co, Kathy McCain, Steven McCain. Motion Ripe Deadline set for 5/18/2022. (Attachments: #1 Proposed order)(aty,Chassaignac, Charles) Modified to add filer on 5/18/2022 (Chavis, J).
February 25, 2022 Opinion or Order Filing 24 ORDER granting #23 Motion for Extension. Exchange of Expert Reports due by 5/19/2022. Signed by Magistrate Judge Joseph H L Perez-Montes on 2/25/2022. (crt,Roaix, G)
February 18, 2022 Filing 23 MOTION for Extension of Deadline for Expert Reports with consent by Kathy McCain, Steven McCain. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 2/18/2022. (Attachments: #1 Proposed order Proposed Order)(aty,Luneau, W)
January 20, 2022 Opinion or Order Filing 22 ORDER granting #21 Motion for Extension. Amended Pleadings, Joinder of Parties and expert witness disclosures due by 4/25/2022. Signed by Magistrate Judge Joseph H L Perez-Montes on 1/20/2022. (crt,Roaix, G)
January 19, 2022 Filing 21 Unopposed MOTION for Extension of Deadlines with consent by Kathy McCain, Steven McCain. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 1/19/2022. (Attachments: #1 Proposed order Proposed Order)(aty,Luneau, W)
January 10, 2022 Opinion or Order Filing 20 ORDER granting #19 Motion to Quash; granting #19 Motion for Protective Order. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 1/10/2022. (crt,Tice, Y)
December 27, 2021 Filing 19 MOTION to Quash , MOTION for Protective Order (Motion Ripe Deadline set for 12/27/2021.) by State Farm Fire & Casualty Co. Motions referred to Joseph H L Perez-Montes. (Attachments: #1 Memorandum / Brief, #2 Proposed order, #3 Exhibit A Subpoenas and Notice of Deposition, #4 Exhibit B List of Deponents)(aty,Chassaignac, Charles)
December 17, 2021 Opinion or Order Filing 18 ORDER granting #16 Motion to Enroll as Counsel. Added as counsel Sara Bussey Dantzler for Kathy McCain,Sara Bussey Dantzler for Steven McCain. Signed by Magistrate Judge Joseph H L Perez-Montes on 12/17/2021. (crt,Bunting, M)
December 15, 2021 Filing 17 PROPOSED ORDER/JUDGMENT by Kathy McCain, Steven McCain re #16 Motion to Enroll as Counsel. (aty,Luneau, W)
December 13, 2021 Filing 16 MOTION for Sara B. Dantzler to Enroll as Counsel by Kathy McCain, Steven McCain. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 12/13/2021. (Attachments: #1 Proposed order Proposed Order)(aty,Luneau, W)
June 11, 2021 Opinion or Order Filing 15 SCHEDULING ORDER: Jury Trial set for 8/15/2022 09:00 AM in Alexandria, 2nd floor before Judge David C Joseph. Pretrial Conference set for 7/21/2022 10:00 AM in chambers before Judge David C Joseph. Joinder of Parties and Amendment of Pleadings due by 1/24/2022. Initial Disclosures exchanged by 1/24/2022. Plaintiffs Expert Info/Reports due by 2/22/2022. Defendants Expert Info/Reports due by 3/23/2022. Discovery deadline 4/22/2022. Dispositive Motions due by 4/22/2022. Daubert Motions due by 4/22/2022. Motions in Limine due by 7/6/2022. Conference/Meeting of counsel to prepare pretrial order to be held by 6/21/2022. Pretrial Order due by 7/14/2022. Trial Depositions due by 7/14/2022. Bench Books due by 8/8/2022. Real Time glossary due by 8/8/2022. Signed by Judge David C Joseph on 6/11/2021. (crt,Roaix, G)
June 9, 2021 Filing 14 MINUTES for proceedings held before Magistrate Judge Joseph H L Perez-Montes: SCHEDULING CONFERENCE held on 6/9/2021. A FIVE-DAY Jury Trial is set for 8/15/2022 at 9:00 AM in Alexandria, Federal Building, 2nd floor Courtroom, as a 1st Setting, before Judge David C. Joseph. A Pretrial Conference is set for 7/21/2022 at 10:00 AM, in chambers, before Judge David C. Joseph. (crt,Tice, Y)
May 12, 2021 Filing 13 ELECTRONIC MINUTE ENTRY: The Scheduling Conference currently set for 05/12/2021 is RESET for 6/9/2021 at 3:00 PM, by video conference, before the undersigned. A separate email with the link access will be sent prior to the hearing. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 5/12/2021. (crt,Tice, Y)
May 5, 2021 Filing 12 Joint STATUS REPORT filed by Kathy McCain, Steven McCain, State Farm Fire & Casualty Co. (aty,Morrison, Emily) Modified filers on 5/6/2021 (Dunford, T).
April 9, 2021 Filing 11 ELECTRONIC MINUTE ENTRY: A Scheduling Conference is set for 05/12/2021 at 2:30 p.m. before the undersigned via video-teleconference to set a pretrial conference and trial dates. All attendance at this hearing will be by video teleconference. A separate email will be sent to counsel of record in advance of the hearing.The parties shall exchange initial disclosures and file a Rule 26f report into the record (fillable form on website www.lawd.uscourts.gov under Judge David C. Joseph forms) on or before 05/05/2021. At the conference, the parties will be prepared to discuss the status of and upcoming steps in the case, and potential trial and pretrial conference dates. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 4/9/2021. (crt,Tice, Y)
April 7, 2021 Filing 10 RESPONSE TO REMOVAL ORDER by State Farm Fire & Casualty Co . (Attachments: #1 Exhibit State Court Record)(aty,Chassaignac, Charles)
April 1, 2021 Filing 9 ANSWER to Complaint with Jury Demand by State Farm Fire & Casualty Co.(aty,Chassaignac, Charles)
March 11, 2021 Opinion or Order Filing 8 ORDER granting #6 Motion for Extension of Time to Answer re #1 Notice of Removal. State Farm Fire & Casualty Co answer due 4/1/2021. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 3/11/2021. (crt,Tice, Y)
March 11, 2021 Opinion or Order Filing 7 REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 3/11/2021. (crt,Tice, Y)
March 5, 2021 Filing 6 MOTION for Extension of Time to File Answer with opposition by State Farm Fire & Casualty Co. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 3/5/2021. (Attachments: #1 Proposed order)(aty,Chassaignac, Charles)
March 5, 2021 Filing 5 NOTICE of List of Parties, Copies of Pleadings and Service by State Farm Fire & Casualty Co (aty,Chassaignac, Charles)
March 5, 2021 Filing 4 ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1332. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Joseph H L Perez-Montes on 3/5/2021. (jud,Perez-Montes, Joseph)
March 4, 2021 Filing 3 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Joseph H L Perez-Montes. Motion Ripe Deadline set for 3/4/2021. (crt,Bunting, M)
March 4, 2021 Filing 2 CORPORATE DISCLOSURE STATEMENT by State Farm Fire & Casualty Co identifying Corporate Parent State Farm Mutual Automobile Insurance Company for State Farm Fire & Casualty Co (Attorney Emily S Morrison added to party State Farm Fire & Casualty Co(pty:dft)). (aty,Morrison, Emily)
March 4, 2021 Filing 1 NOTICE of Removal from 35th JDC Grant Parish, Case Number C26964 (Filing fee $402, receipt number ALAWDC-4596204) filed by State Farm Fire & Casualty Co. (Attachments: #1 Exhibit A State Court Pleadings, #2 Exhibit B State Farm Summary of Loss, #3 Civil cover sheet)(Attorney Charles L Chassaignac, IV added to party State Farm Fire & Casualty Co(pty:dft))(aty,Chassaignac, Charles)
March 4, 2021 Judge David C Joseph and Magistrate Judge Joseph H L Perez-Montes added. (crt,Bunting, M)

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Plaintiff: Steven McCain
Represented By: W Jay Luneau
Represented By: Robert Lawrence Beck, III
Represented By: Sara Bussey Dantzler
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Plaintiff: Kathy McCain
Represented By: W Jay Luneau
Represented By: Robert Lawrence Beck, III
Represented By: Sara Bussey Dantzler
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Defendant: State Farm Fire & Casualty Co
Represented By: Eleanor Weeks Wall
Represented By: Charles L Chassaignac, IV
Represented By: Emily S Morrison
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