Arena v. Graybar Electric Co., Inc. et al
| 2:2005cv00919 |
| May 25, 2005 |
| US District Court for the Western District of Louisiana |
| Lake Charles Office |
| Alonzo P Wilson |
| Miller Act |
| 40 U.S.C. ยง 270 Miller Act |
| None |
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The following documents for this case are available for you to view or download:
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Filing
117
MEMORANDUM RULING: This matter is currently before this court on remand from the 87 USCA Judgment. In its ruling the Fifth Circuit vacated this courts decision denying defendants post-trial motion for a new trial and remanded finding that we incor rectly determined that we exercised supplemental jurisdiction over plaintiffs substantive state law claims. In accordance with the mandate, this court issued 104 Order requesting that the parties submit evidence relevant to the issue of subject-mat ter jurisdiction at the time suit was filed. After considering all responsive briefs, this court concludes the evidence supports complete diversity existed at the time suit was filed and jurisdiction over plaintiffs claims was proper under 28 USC 67; 1332. The documentary evidence produced by Arena dating from as early as January 2004 convinces the court that Arena had moved back and established residency in his hometown of Benbrook, TX with the intent to remain indefinitely. It is the findin g of this court that Arena was a domiciliary of the State of Texas at the time this lawsuit was filed and this court properly exercised jurisdiction over this action because the parties to this action are completely diverse. For the foregoing reasons, defendants motion for a new trial or alternatively motion to Dismiss [Docs. 62 & 96 ] are hereby DENIED. Signed by Magistrate Judge Kathleen Kay on 2/25/2014. (crt,Putch, A)
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Filing
67
MEMORANDUM RULING re 62 MOTION for New Trial Pursuant to FRCP 59, Motion to Dismiss Under FRCP 12(B)(1) for Lack of Subject Matter Jurisdiction, Alternative Motion to Stay Proceedings Pending Disposition of Motion to Dismiss. Signed by Magistrate Judge Kathleen Kay on 10/5/2010. (crt,Keifer, K)
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Filing
56
JUDGMENT in favor of Richard A Arena, Jr., d/b/a Water-Tite Roofing against Graybar Electric Company, Inc and Stevens Land & Construction, LLC. Signed by Magistrate Judge Kathleen Kay on April 6, 2010. (crt,Benoit, T)
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Filing
53
FINDINGS OF FACT AND CONCLUSIONS OF LAW. For reasons given, the court finds in favor of the plaintiff and against the defendants in solido in the full amount of $163,295.00 with legal interest at the rate allowed by Louisiana law since date of judicial demand until paid and all costs of this proceeding. Counsel for plaintiff is instructed to prepare a judgment accordingly. Signed by Magistrate Judge Kathleen Kay on 3/31/2010. (jud,Kay, Kathleen)
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