Miller v. Cox Operating L L C
| Nicholas Miller |
| Ermine Miller, Cox Oil L L C, Crosby Energy Services Inc, Quality Companies L L C, Cactus Wellhead L L C, I O S Holdings Inc, Sonny Miller, I O S P C I L L C termed per order at rec. doc. 49 doing business as Inspection Oilfield Services, Industrial & Oilfield Services Inc and Gulf South Services Inc |
| 1:2023cv00566 |
| May 1, 2023 |
| US District Court for the Western District of Louisiana |
| Alexandria Office |
| P.I.: Other |
| 43 U.S.C. § 1331 General Maritime/OCSLA |
| Both |
Docket Report
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This docket was last retrieved on May 1, 2023. A more recent docket listing may be available from PACER.
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Filing 148
DISTRICT CASE transferred in from District of Louisiana Eastern; Case Number 2:22-cv-00215. Original file copy of transfer order and docket sheet received
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Filing 147
ORDER GRANTING #74 MOTION to Transfer Case. Case transferred to District of Western Louisiana. Signed by Judge Greg Gerard Guidry on 05/01/2023.(js) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 146
ORDER AND REASONS: granting #131 Motion to Compel and for Attorneys' Fees. Cox is ORDERED to provide full and complete responses to the discovery requests as set forth within twenty-one (21) days of the entry of this Order. Plaintiff is directed to file a separate motion to fix fees and costs, supported by appropriate contemporaneous time records and evidence of reasonable hourly rates. IT IS FURTHER ORDERED that Cox file its Affidavit of Counsel detailing its discovery efforts as directed above, no later than Monday, May 22, 2023. This Court's ruling on Plaintiff's #129 Second Motion for Sanctions is DEFERRED pending review of Cox's Affidavit of Counsel. Signed by Magistrate Judge Donna Phillips Currault on 4/27/2023. (rt) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 145
Supplemental Memorandum filed by Cox Operating, L.L.C., in Opposition of #131 MOTION to Compel and for Attorney's Fees. (Attachments: #1 Exhibit A, #2 Exhibit B)(cwa) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 144
ORDER granting #143 Motion for Leave to File Supplemental Memorandum. Signed by Magistrate Judge Donna Phillips Currault on 4/27/2023. (cwa) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 143
EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum in Opposition by Cox Operating, L.L.C.. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit A, #4 Exhibit B)(Tynan, Joseph) Modified text on 4/26/2023 (js). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 142
REPLY to Response to Motion filed by Nicholas Miller re #131 MOTION to Compel and for Attorney's Fees. (Attachments: #1 Exhibit 5, #2 Exhibit 6) (rt) Modified on text 4/25/2023 (rt). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 141
ORDER granting #140 Motion for Leave to File Reply Memorandum in Support of Plaintiff's #131 Motion to Compel and Motion for Attorney Fees. Signed by Magistrate Judge Donna Phillips Currault on 4/25/2023. (rt) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 140
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Compel and Motion for Attorney's Fees by Nicholas Miller. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit, #4 Exhibit)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 139
Supplemental Memorandum filed by Cox Operating, L.L.C., in Opposition of #129 Second MOTION for Sanctions. (Attachments: #1 Exhibit A)(cwa) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 138
ORDER granting #136 Motion for Leave to File Supplemental Memorandum. Signed by Magistrate Judge Donna Phillips Currault on 4/20/2023. (cwa) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 137
RESPONSE to Motion filed by Cox Operating, L.L.C. re #131 MOTION to Compel and for Attorney's Fees . (Attachments: #1 Exhibit A)(Tynan, Joseph) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 136
EXPARTE/CONSENT MOTION for Leave to File by Cox Operating, L.L.C.. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit A)(Tynan, Joseph) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 135
REPLY to Response to Motion filed by Nicholas Miller re #129 Second MOTION for Sanctions. (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9)(cwa) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 134
ORDER granting #133 Motion for Leave to File Reply Memorandum. Signed by Magistrate Judge Donna Phillips Currault on 4/18/2023. (cwa) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 133
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Plaintiff's Second Motion for Rule 37(b) Sanctions by Nicholas Miller. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 132
RESPONSE to Motion filed by Cox Operating, L.L.C. re #129 Second MOTION for Sanctions . (Attachments: #1 Exhibit A)(Tynan, Joseph) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 131
MOTION to Compel and for Attorney's Fees by Nicholas Miller. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 4/26/2023. (Attachments: #1 Notice of Submission, #2 Memorandum in Support, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 130
SCHEDULING ORDER: Final Pretrial Conference set for 2/28/2024 01:30 PM before Judge Greg Gerard Guidry. Jury Trial set for 3/25/2024 09:30 AM before Judge Greg Gerard Guidry (7 days). All discovery must be completed by 1/16/2024. Issued by Clerk for the Court. (Attachments: #1 Pretrial Notice Form)(dp) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 129
Second MOTION for Sanctions by Nicholas Miller. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 4/19/2023. (Attachments: #1 Notice of Submission, #2 Memorandum in Support, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 128
ORDER granting #126 Motion to Appear for Attorney Jacob Jude Delahoussaye for Nicholas Miller. Signed by Judge Greg Gerard Guidry on 03/28/2023. (js) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 127
NOTICE Scheduling Conference set for 4/5/2023 10:30 AM before case manager by telephone. By Clerk.(dp) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 126
EXPARTE/CONSENT MOTION to Appear as Counsel of Record by Nicholas Miller. (Attachments: #1 Proposed Order)Attorney Jacob Jude Delahoussaye added to party Nicholas Miller(pty:pla).(Delahoussaye, Jacob) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 125
ORDER granting #124 MOTION to Continue Telephone Scheduling Conference. The Court's Case Manager will notice a scheduling conference to select new trial dates. Signed by Judge Greg Gerard Guidry on 03/27/2023.(js) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 124
EXPARTE/CONSENT MOTION to Continue Telephone Scheduling Conference by Quality Companies LLC. (Attachments: #1 Proposed Order)(Johnston, Robert) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 123
NOTICE Scheduling Conference set for 3/29/2023 11:00 AM before case manager by telephone. By Clerk.(dp) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 122
ORDER granting #121 MOTION to Continue Scheduling Conference. The Court's case manager will notice a new Scheduling Conference. Not that Attorney Jason Weaver should have filed a proper motion to enroll as additional counsel. Signed by Judge Greg Gerard Guidry on 03/22/2023.(ko) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 121
EXPARTE/CONSENT MOTION to Continue Scheduling Conference by Nicholas Miller. (Attachments: #1 Proposed Order) Attorney Jason Alan Weaver added to party Nicholas Miller(pty:pla).(Weaver, Jason) Modified text/removed submission date on 3/22/2023 (mm). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 120
ANSWER to #71 Amended Complaint, Answer to Plaintiff's Fourth Supplemental and Amending Petition for Damages by Gulf South Services, Inc..(Parenton, Corey) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 119
NOTICE Scheduling Conference set for 3/22/2023 10:00 AM before case manager by telephone. By Clerk.(dp) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 118
Minute Entry for proceedings held before Magistrate Judge Donna Phillips Currault: Motion Hearing held on 3/8/2023 re #98 MOTION for Sanctions and Motion to Enforce Discovery Order filed by Nicholas Miller. IT IS ORDERED that Plaintiff's Motion to Enforce is GRANTED IN PART for the reasons stated on the record, but DENIED IN PART with regard to the request to perform an electronic database search. IT IS FURTHER ORDERED that Defendant provide supplemental responses within fourteen (14) days of this order after adhering to its obligation to diligent attempt to locate responsive documents, and either produce documents located or affirmatively confirm that no responsive documents were located after diligent search efforts. IT IS FURTHER ORDERED that Plaintiff is granted one additional 30(b)(6) deposition of Cox Operating, LLC with regard to Cox's efforts to locate and produce responsive documents only. IT IS FURTHER ORDERED that Plaintiff's request for attorney fees and costs is GRANTED. Plaintiff is directed to file a separate motion to fix same, supported by appropriate contemporaneous time records and evidence of reasonable hourly rates. (Court Reporter Jodi Simcox.) (cwa) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 117
REPLY to Response to Motion filed by Nicholas Miller re #98 MOTION for Sanctions and Motion to Enforce Discovery Order. (Attachments: #1 Exhibit 10, #2 Exhibit 11, #3 Exhibit 12)(cwa) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 116
ORDER granting #115 Motion for Leave to File Reply Memorandum. Signed by Magistrate Judge Donna Phillips Currault on 3/7/2023. (cwa) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 115
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion for Rule 37(b) Sanctions and Motion to Enforce Discovery Order re: rec. doc. 98 by Nicholas Miller. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Proposed Pleading-Exhibit, #4 Proposed Pleading-Exhibit, #5 Proposed Pleading-Exhibit)(Blanda, Nicholas) Modified text on 3/7/2023 (mm). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 114
ORDER: In light of Plaintiff Nicholas Miller's Request for Oral Argument (ECF No. #111 ) on his Motion to Enforce Discovery Order and for Rule 37(b) Sanctions (ECF No. #98 ), IT IS ORDERED that oral argument will be held on WEDNESDAY, MARCH 8, 2023, at 9:00 a.m. before Magistrate Judge Donna Phillips Currault, 500 Poydras Street, Hale Boggs Building, Room B-421, New Orleans, Louisiana. The hearing will be conducted in person unless otherwise notified by the court. Signed by Magistrate Judge Donna Phillips Currault on 3/3/2023. (dw) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 113
ORDER GRANTING #110 Joint MOTION to Continue Trial Date and Pretrial Deadlines. IT IS ORDERED, ADJUDGED AND DECREED that the jury trial in the captioned matter, currently set for July 31, 2023, is hereby continued. The Court's Case Manager will notice a Scheduling Conference to set new trial and related dates. Signed by Judge Greg Gerard Guidry on 3/3/2023.(pp) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 112
ORDER granting #106 Motion to Substitute Attorney. IT IS HEREBY ORDERED that Eric A. Iamurri of Pusateri, Johnston, Guillot & Greenbaum, LLC, is substututed in place of David F. Gremillion as additional counsel of record for Quality Companies, LLC is granted. Signed by Judge Greg Gerard Guidry on 3/3/2023. (pp) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 111
Request/Statement of Oral Argument by Nicholas Miller regarding #98 MOTION for Sanctions and Motion to Enforce Discovery Order (Attachments: #1 Proposed Order)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 110
EXPARTE/CONSENT Joint MOTION to Continue Trial Date and Pretrial Deadlines by Nicholas Miller, Cox Operating, L.L.C., Crosby Energy Services, Inc., The Quality Companies, LLC, Cactus Wellhead, LLC, Industrial & Oilfield Services, Inc., Ermine Miller (Attachments: #1 Proposed Order)(Blanda, Nicholas) Modified filers on 3/2/2023 (ko). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 109
RESPONSE to Motion filed by Cox Operating, L.L.C. re #98 MOTION for Sanctions and Motion to Enforce Discovery Order . (Tynan, Joseph) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 108
ORDER AND REASONS: IT IS ORDERED that Defendant Cox Operating, L.L.C.'s #97 Motion to Compel is GRANTED and Plaintiff's #100 Motion for Protective Order is DENIED. Plaintiff must appear in person for his deposition at the office of Cox's counsel in New Orleans, Louisiana on March 1, 2023. Signed by Magistrate Judge Donna Phillips Currault on 3/1/2023. (cwa) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 107
RESPONSE to Motion filed by Cox Operating, L.L.C. re #98 MOTION for Sanctions and Motion to Enforce Discovery Order . (Tynan, Joseph) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 106
EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Eric A. Iamurri to be substituted in place of David F. Gremillion by Quality Companies LLC. (Attachments: #1 Proposed Order)(DeGruy, Jacques) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 105
RESPONSE to Motion filed by Quality Companies LLC re #100 MOTION for Protective Order. (DeGruy, Jacques) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 104
RESPONSE/MEMORANDUM in Opposition filed by Cox Operating, L.L.C. re #100 MOTION for Protective Order. (Tynan, Joseph) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 103
RESPONSE to Motion filed by Industrial & Oilfield Services, Inc, Ermine Miller re #100 MOTION for Protective Order (Rule 26(c). (Hoerner, Daniel) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 102
ORDER granting #101 MOTION to Expedite Consideration of Plaintiff's Motion for Protective Order filed by Nicholas Miller. FURTHER ORDERED that the Motion for Protective Order shall be heard on Wednesday, 3/1/2023, at 11:00 a.m., without oral argument unless otherwise ordered by the Court. FURTHER ORDERED that any Opposition Memoranda to the Motion for Protective Order must be filed on or before Monday, 2/27/2023. Signed by Magistrate Judge Donna Phillips Currault on 2/17/2023.(caa)[Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 101
EXPARTE/CONSENT MOTION to Expedite Consideration of Plaintiff's Motion for Protective Order re: rec. doc. 100 by Nicholas Miller. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 100
MOTION for Protective Order by Nicholas Miller. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 3/8/2023. (Attachments: #1 Notice of Submission, #2 Memorandum in Support, #3 Exhibit, #4 Exhibit)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 99
RESPONSE/MEMORANDUM in Opposition filed by Nicholas Miller re #97 MOTION to Compel. (Attachments: #1 Exhibit, #2 Exhibit)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 98
MOTION for Sanctions and Motion to Enforce Discovery Order by Nicholas Miller. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 3/8/2023. (Attachments: #1 Notice of Submission, #2 Memorandum in Support, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 97
MOTION to Compel by Cox Operating, L.L.C. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 3/1/2023. (Attachments: #1 Memorandum in Support, #2 Rule 37 Certificate, #3 Notice of Submission)(Tynan, Joseph) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 96
ORDER granting #95 Motion for Extension of Time to Answer re #71 Fourth Supplemental and Amended Complaint. Gulf South Services, Inc. is granted thirty (30) days from this Order within which to file responsive pleadings. Signed by Judge Greg Gerard Guidry on 2/7/2023. (mm) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 95
EXPARTE/CONSENT MOTION for Extension of Time to Answer #71 Fourth Supplemental and Amended Complaint by Gulf South Services, Inc. (Attachments: #1 Proposed Order)(Parenton, Corey) Modified text/added linkage on 2/7/2023 (mm). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 94
Correction of Docket Entry by Clerk re #92 Notice of Appearance. **Document was filed in error. The attorneys were added to the docket sheet from the Motion for Extension of Time to Answer filed at document 93.** (mm) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 93
DEFICIENT: EXPARTE/CONSENT MOTION for Extension of Time to Answer 71 Fourth Supplemental and Amended Complaint by Gulf South Services, Inc. (Attachments: #1 Proposed Order)(Parenton, Corey) Modified text on 2/1/2023 (mm). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 92
**FILED IN ERROR** NOTICE of Appearance by Corey Patrick Parenton on behalf of Gulf South Services, Inc. Attorney Corey Patrick Parenton added to party Gulf South Services, Inc.(pty:dft).(Parenton, Corey) Modified text on 2/1/2023 (mm). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 91
JOINT STATUS REPORT by Nicholas Miller, Crosby Energy Services, Inc., Quality Companies, LLC, Cactus Wellhead, LLC, Industrial & Oilfield Services, Inc, Ermine Miller (Hoerner, Daniel) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 90
REPLY to Response to Motion filed by Nicholas Miller re #74 MOTION to Transfer Case. (cg) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 89
ORDER granting #88 Motion for Leave to File Reply. Signed by Judge Greg Gerard Guidry on 1/17/22. (cg) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 88
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Transfer Venue by Nicholas Miller. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 87
Minute Order. Proceedings held before Magistrate Judge Donna Phillips Currault: IT IS ORDERED that Plaintiff's #69 motion is GRANTED in part and DENIED in part for reasons stated on the record and summarized herein. Supplemental responses are due within fourteen (14) days from this date. With regard to any re-issued requests, responses are due fourteen (14) days from Defendants receipt of the reissued requests. (Court Reporter Karen Ibos.) (cwa) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 86
Correction of Docket Entry by Clerk re #83 Memorandum: Filing attorney selected incorrect event. Correct event is Response/Memorandum in Opposition to Motion. Clerk took corrective action by changing the event. (ko) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 85
RESPONSE/MEMORANDUM in Opposition filed by Cactus Wellhead, LLC re #74 MOTION to Transfer Case . (Clark, Mark) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 84
RESPONSE/MEMORANDUM in Opposition filed by IOS Holdings, Inc., Ermine Miller re #74 MOTION to Transfer Case . (Hoerner, Daniel) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 83
RESPONSE/MEMORANDUM in Opposition filed by Cox Operating, L.L.C. re #74 MOTION to Transfer Case . (Attachments: #1 Exhibit A-C)(Tynan, Joseph) Modified on 1/11/2023 (ko). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 82
REPLY to Response to Motion filed by Nicholas Miller re #69 MOTION to Compel. (cwa) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 81
ORDER granting #80 Motion for Leave to File Reply Memorandum. Signed by Magistrate Judge Donna Phillips Currault on 1/10/2023. (cwa) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 80
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Compel re: rec. doc. 69 by Nicholas Miller. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 79
NOTICE: A party in this matter has requested oral argument on a contested motion pending before United States Magistrate Judge Donna Phillips Currault. In accordance with Local Rule 78.1, a request for oral argument is deemed granted unless the Court advises the parties otherwise. Accordingly, absent a further Order from this Court denying the request for oral argument, argument will proceed on the motion's specified submission date. Oral arguments before Judge Currault are held in-person in Courtroom B-421 at 11:00 a.m.(cwa) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 78
Request/Statement of Oral Argument by Nicholas Miller regarding #69 MOTION to Compel (Attachments: #1 Proposed Order)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 77
RESPONSE/MEMORANDUM in Opposition filed by Cox Operating, L.L.C. re #69 MOTION to Compel . (Attachments: #1 Exhibit A)(Tynan, Joseph) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 76
ANSWER to #71 Fourth Supplemental and Amended Complaint by Industrial & Oilfield Services, Inc, Ermine Miller.(Neuner, Michael) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 75
SUMMONS Returned Executed; Gulf South Services, Inc. served on 12/27/2022, answer due 1/17/2023. (Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 74
MOTION to Transfer Case by Nicholas Miller. Motion(s) will be submitted on 1/18/2023. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 73
DEFICIENT: MOTION to Transfer Case by Nicholas Miller. Motion(s) will be submitted on 1/18/2023. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Blanda, Nicholas) Modified text on 12/23/2022 (mm). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 72
Summons Issued as to Gulf South Services, Inc. (mm) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 71
FOURTH SUPPLEMENTAL AND AMENDED COMPLAINT with Jury Demand against Cactus Wellhead, LLC, Cox Operating, L.L.C., Crosby Energy Services Inc, Industrial & Oilfield Services, Inc, Ermine Miller, Quality Companies LLC, Gulf South Services, Inc. filed by Nicholas Miller.(mm) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 70
ORDER granting #67 Motion for Leave to File Fourth Supplemental and Amending Petition. Signed by Judge Greg Gerard Guidry on 12/20/2022. (mm) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 69
MOTION to Compel by Nicholas Miller. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 1/11/2023. (Attachments: #1 Notice of Submission, #2 Memorandum in Support, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 68
DEFICIENT: MOTION to Compel by Nicholas Miller. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 1/11/2023. (Attachments: #1 Notice of Submission, #2 Memorandum in Support, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Blanda, Nicholas) Modified text on 12/16/2022 (mm). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 67
EXPARTE/CONSENT MOTION for Leave to File Fourth Supplemental and Amending Petition by Nicholas Miller. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 66
SCHEDULING ORDER: Final Pretrial Conference set for 7/6/2023 01:30 PM before Judge Greg Gerard Guidry. Jury Trial set for 7/31/2023 09:30 AM before Judge Greg Gerard Guidry. All discovery must be completed by 5/22/2023. Issued by Clerk for the Court. (Attachments: #1 Pretrial Notice Form)(dp) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 65
NOTICE Scheduling Conference set for 11/30/2022 10:30 AM before case manager by telephone. By Clerk.(dp) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 64
Correction of Docket Entry by Clerk re #63 Answer to Third Supplemental and Amending Complaint. **1. Document lists counsel of record, Katie L. Gonsoulin, for a party in this action who has not been admitted to practice in this court. Any party not appearing in proper person must be represented by a member of the bar of this court (L.R. 83.2.4). Please see Local Rule 83.2.2 for this court's Procedures for Admission and Local Rule 83.2.5 for Visiting Attorneys to appear and participate Pro Hac Vice. Filings which list attorneys not admitted pursuant to LR 83.2.2 or 83.2.5 will not be accepted. 2. Filing attorney selected the incorrect filers. Clerk took corrective action.** (mm) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 63
ANSWER to #45 Third Supplemental and Amending Complaint by Industrial & Oilfield Services, Inc, Ermine Miller. Attorney Michael Thomas Neuner added to party Industrial & Oilfield Services, Inc, and Ermine Miller(pty:dft).(Neuner, Michael) Modified text/filer on 11/17/2022 (mm). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 62
ANSWER to #45 Third Supplemental and Amending Complaint with Jury Demand by Quality Companies LLC.(Gremillion, David) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 61
ANSWER to #45 Third Supplemental and Amending Complaint by Cactus Wellhead, LLC. (Clark, Mark) Modified text on 11/15/2022 (mm). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 60
ANSWER to #34 Second Supplemental and Amended Complaint by Cactus Wellhead, LLC.(Clark, Mark) Modified text on 11/15/2022 (mm). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 59
ANSWER to #45 Amended Complaint, with Jury Demand by Crosby Energy Services Inc.(Merchant, Kevin) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 58
ANSWER to #34 Amended Complaint with Jury Demand by Crosby Energy Services Inc.(Merchant, Kevin) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 57
Memorandum by Nicholas Miller re #56 Order to Show Cause (Attachments: #1 Exhibit)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 56
ORDER TO SHOW CAUSE: IT IS ORDERED that, absent an appearance by said defendants, plaintiff move for entry of default on or before October 27, 2022, or show cause by written motion or memorandum, as is appropriate, why these defendants should not be dismissed for plaintiff's failure to prosecute as stated herein. Signed by Judge Greg Gerard Guidry on 10/20/2022.(mm) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 55
SUMMONS Returned Executed; Industrial & Oilfield Services, Inc served on 9/28/2022, answer due 10/19/2022. (Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 54
ANSWER to #45 Third Supplemental and Amending Complaint by Cox Operating, L.L.C. (Tynan, Joseph) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 53
ORDER granting #52 Motion to Dismiss Party. Party IOS Holdings, Inc. dismissed without prejudice. Signed by Judge Greg Gerard Guidry on 09/30/2022. (ko) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 52
EXPARTE/CONSENT MOTION to Dismiss Party IOS Holdings, Inc. Without Prejudice by Nicholas Miller. (Attachments: #1 Proposed Order)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 51
ORDER granting #48 JOINT MOTION to Continue Trial Date and Pretrial Deadlines. A Scheduling Conference to select a new trial date will be noticed in due course. Plaintiff is again instructed to dismiss IOS Holdings, Inc. as an incorrectly named defendant, per Plaintiff's own statements to that effect. Signed by Judge Greg Gerard Guidry on 9/29/2022.(mm) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 50
ORDER dismissing as moot Without Prejudice #39 Motion to Dismiss for Failure to State a Claim Or, In the Alternative, for Summary Judgment. Signed by Judge Greg Gerard Guidry on 9/28/2022. (mm) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 49
ORDER granting #47 Motion to Dismiss Party Without Prejudice. Party IOS PCI, LLC dismissed. Signed by Judge Greg Gerard Guidry on 9/28/2022. (mm) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 48
EXPARTE/CONSENT JOINT MOTION to Continue Trial Date and Pretrial Deadlines by Nicholas Miller, Cox Operating, L.L.C., Quality Companies LLC, Crosby Energy Services Inc, Cactus Wellhead, LLC. (Attachments: #1 Proposed Order)(Blanda, Nicholas) Modified filers on 9/29/2022 (mm). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 47
EXPARTE/CONSENT MOTION to Dismiss IOS/PCI, LLC Without Prejudice by Nicholas Miller. (Attachments: #1 Proposed Order)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 46
Summons Issued as to Industrial & Oilfield Services, Inc. (mm) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 45
THIRD SUPPLEMENTAL AND AMENDING COMPLAINT with Jury Demand against Cactus Wellhead, LLC, Cox Operating, L.L.C., Crosby Energy Services Inc, IOS PCI, LLC, Ermine Miller, Quality Companies LLC, Industrial & Oilfield Services, Inc filed by Nicholas Miller.(mm) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 44
ORDER granting #43 Motion for Leave to File Third Supplemental and Amending Petition. Plaintiff should dismiss the incorrectly named defendants on or before September 28, 2022. Signed by Judge Greg Gerard Guidry on 9/22/2022. (mm) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 43
EXPARTE/CONSENT MOTION for Leave to File Third Supplemental and Amending Petition by Nicholas Miller. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 42
ORDER granting #41 MOTION to Continue as to #39 MOTION to Dismiss for Failure to State a Claim Or, In the Alternative, for Summary Judgment. Motion(s) will be submitted on 10/12/2022. Signed by Judge Greg Gerard Guidry on 9/20/2022.(mm) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 41
EXPARTE/CONSENT MOTION to Continue Hearing Date, and Associated Briefing Deadlines, Regarding the 12(b)(6) Motion to Dismiss and/or Motion for Summary Judgment by Nicholas Miller. (Attachments: #1 Proposed Order)(Blanda, Nicholas) Modified text on 9/20/2022 (mm). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 40
SUMMONS Returned Executed; Ermine Miller served on 9/12/2022, answer due 10/3/2022. (Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 39
MOTION to Dismiss for Failure to State a Claim Or, In the Alternative, for Summary Judgment by IOS PCI, LLC. Motion(s) will be submitted on 9/28/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order, #5 Statement of Contested/Uncontested Facts, #6 Memorandum in Support, #7 Notice of Submission)(Diliberto, Robert) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 38
DEFICIENT: MOTION to Dismiss for Failure to State a Claim Or, In the Alternative, for Summary Judgment by IOS PCI, LLC. Motion(s) will be submitted on 9/14/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order, #5 Memorandum in Support, #6 Notice of Submission) Attorney Robert John Diliberto added to party IOS PCI, LLC(pty:dft).(Diliberto, Robert) Modified text on 8/31/2022 (mm). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 37
SUMMONS Returned Executed; IOS PCI, LLC served on 8/18/2022, answer due 9/8/2022. (Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 36
ANSWER to #34 2nd Amended Complaint by Cox Operating, L.L.C. (Tynan, Joseph) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 35
Summons Issued as to IOS PCI, LLC. (ko) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 34
Second Supplemental and AMENDED COMPLAINT with Jury Demand against Cactus Wellhead, LLC, Cox Operating, L.L.C., Crosby Energy Services Inc, Ermine Miller, Quality Companies LLC, IOS PCI, LLC filed by Nicholas Miller.(ko) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 33
ORDER granting #32 Motion for Leave to File Second Supplemental and Amending Petition. Signed by Judge Greg Gerard Guidry on 08/15/2022. (ko) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 32
EXPARTE/CONSENT MOTION for Leave to File Second Supplemental and Amending Petition by Nicholas Miller. (Attachments: #1 Exhibit, #2 Proposed Order, #3 Proposed Pleading)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 31
ANSWER to #18 Amended Complaint by Cox Operating, L.L.C. (Tynan, Joseph) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 30
ORDER denying #25 Motion to Continue Trial Date and Pretrial Deadlines. Signed by Judge Greg Gerard Guidry on 7/27/2022. (mm) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 29
ANSWER to #18 Amended Complaint with Jury Demand by Quality Companies LLC. Attorney David F. Gremillion added to party Quality Companies LLC(pty:dft).(Gremillion, David) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 28
ANSWER to #18 Amended Complaint with Jury Demand by Crosby Energy Services Inc. Attorney Kevin Paul Merchant added to party Crosby Energy Services Inc(pty:dft).(Merchant, Kevin) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 27
JOINT STATUS REPORT by Nicholas Miller, Cox Operating, L.L.C., Cactus Wellhead, LLC (Ledet, Eugene) Modified filers on 7/14/2022 (mm). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 26
ORDER As previously set forth in the Order (R. Doc. 11), counsel for the parties are instructed that no later than sixty days after the issuance of the Order of April 28, 2022, the parties shall submit a joint status report to the court. The record does not reflect such joint status report. The report should be e-filed into the record within the next 7 days. Issued by Clerk for the Court.(dp) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 25
EXPARTE/CONSENT MOTION to Continue Trial Date and Pretrial Deadlines by Nicholas Miller. (Attachments: #1 Proposed Order)(Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 24
ANSWER to #18 Amended Complaint by Cactus Wellhead, LLC. Attorney Mark Lynn Clark added to party Cactus Wellhead, LLC(pty:dft).(Clark, Mark) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 23
SUMMONS Returned Executed; Crosby Energy Services Inc served on 5/23/2022, answer due 6/13/2022. (Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 22
Correction of Docket Entry by Clerk re #20 Summons Returned Executed: Filing attorney entered incorrect service date for party served. Cactus Wellhead, LLC served on 5/19/2022, answer due 6/9/2022. No further action necessary. (ko) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 21
SUMMONS Returned Executed; Quality Companies LLC served on 5/22/2022, answer due 6/13/2022. (Blanda, Nicholas) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 20
SUMMONS Returned Executed; Cactus Wellhead, LLC served on 5/19/2022, answer due 6/9/2022. (Blanda, Nicholas) Modified on 5/24/2022 (ko). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 19
Summons Issued as to Cactus Wellhead, LLC, Crosby Energy Services Inc, IOS Holdings, Inc., Ermine Sonny Miller, Quality Companies LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(mm) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 18
AMENDED COMPLAINT with Jury Demand against Cox Operating, L.L.C., Crosby Energy Services Inc, Quality Companies LLC, Cactus Wellhead, LLC, IOS Holdings, Inc., Ermine Sonny Miller filed by Nicholas Miller.(my) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 17
ORDER granting #15 Motion for Leave to File Amended Complaint. Signed by Judge Greg Gerard Guidry on 5/16/2022. (my) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 16
Correction of Docket Entry by Clerk re #15 MOTION for Leave to File First Supplemental and Amending Petition. **Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action.** (mm) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 15
EXPARTE/CONSENT MOTION for Leave to File First Supplemental and Amending Petition by Nicholas Miller. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Blanda, Nicholas) Modified text/removed referral on 5/16/2022 (mm). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 14
ORDER granting #12 Motion to Enroll as Counsel of Record for Attorney Nicholas A. Blanda for Nicholas Miller. Signed by Judge Greg Gerard Guidry on 5/6/2022. (mm) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 13
Correction of Docket Entry by Clerk re #12 MOTION to Enroll as Counsel of Record . **1) Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?'. Exparte/Consent motions are not set for submission. Clerk has removed submission date. **2) Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action.** (jls) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 12
EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Nicholas A. Blanda by Nicholas Miller. (Attachments: #1 Proposed Order)(Ledet, Eugene) Modified text, removed referral & submission date on 5/5/2022 (jls). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 11
SCHEDULING ORDER: Final Pretrial Conference set for 1/5/2023 10:00 AM before Judge Greg Gerard Guidry. Bench Trial set for 1/30/2023 09:30 AM before Judge Greg Gerard Guidry. All discovery must be completed by 11/21/2022. Issued by Clerk for the Court. (Attachments: #1 Pretrial Notice Form)(dp) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 10
NOTICE Scheduling Conference set for 4/28/2022 10:30 AM before case manager by telephone. By Clerk.(dp) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 9
ANSWER to #1 Complaint and Affirmative Defenses by Cox Operating, L.L.C. (Tynan, Joseph) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 8
ORDER granting #6 Motion for Extension of Time to Answer re #1 Complaint as to Cox Operating, L.L.C.; answer due 3/25/2022. Signed by Judge Greg Gerard Guidry on 2/23/2022. (mm) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 7
SUMMONS Returned Executed; Cox Operating, L.L.C. served on 2/11/2022, answer due 3/4/2022. (Ledet, Eugene) Modified text on 2/24/2022 (mm). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 6
EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Complaint by Cox Operating, L.L.C. (Attachments: #1 Proposed Order) Attorney Joseph Patrick Tynan added to party Cox Operating, L.L.C.(pty:dft).(Tynan, Joseph) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 5
DEFICIENT: SUMMONS Returned Executed; Cox Operating, L.L.C. served on 2/11/2022, answer due 3/4/2022. (Ledet, Eugene) Modified text/answer due date on 2/23/2022 (mm). [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 4
Summons Issued as to Cox Operating, L.L.C. (lw) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 3
Correction of Docket Entry by Clerk re #1 Complaint. Filing attorney did not properly format the pdf of the Summons. The pdf should not have the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk took corrective action. (lw) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 2
Initial Case Assignment to Judge Greg Gerard Guidry and Magistrate Judge Donna Phillips Currault. (aj) [Transferred from Louisiana Eastern on 5/1/2023.]
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Filing 1
COMPLAINT against Cox Operating, L.L.C. (Filing fee $ 402 receipt number ALAEDC-9205680) filed by Nicholas Miller. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit Initial Discovery)Attorney Eugene A. Ledet, Jr added to party Nicholas Miller(pty:pla).(Ledet, Eugene) (Attachment 2 replaced on 2/2/2022) (lw). Modified text on 2/2/2022 (lw). [Transferred from Louisiana Eastern on 5/1/2023.]
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