Barreda et al v. Aeroframe Services L L C et al
| Mario Barreda, Myra B Bourque, Danny Lee Bush, Brendan Callahan, Karen Chasson, Antonio Chavez, Barron Clark, Cynthia Davidson, Darick Davidson, Michael P Elenbaas, Michael Fontenot, Patrick Gaynor, Judy Marceaux, Kenneth Miller, Geoffrey Omeara, Stephen Robinson, George Santarina, Franklin K Welch and All Plaintiffs |
| Aeroframe Services L L C and Aviation Technical Services Inc |
| Roger A Porter |
| 2:2014cv02538 |
| August 20, 2014 |
| US District Court for the Western District of Louisiana |
| Lake Charles Office |
| Calcasieu |
| Kathleen Kay |
| Donald E Walter |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 21, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 92 NOTICE of Adoption of Aeroframe's Memo in Opposition to MSJ and all Exhibits filed in Cooley, et al v. Aeroframe, et al 2:14 cv 987, as authorized by Magistrate Kay on July 28, 2021 by Aeroframe Services L L C re #89 MOTION for Summary Judgment (aty,Billeaud, Lawrence) |
| Filing 91 CORRECTED NOTICE of Motion Setting regarding: #89 MOTION for Summary Judgment . Motions referred to Judge Donald E Walter. (crt,Miletello, A) |
| Filing 90 NOTICE of Motion Setting regarding: #89 MOTION for Summary Judgment. Motions referred to Judge Donald E Walter. (crt,Miletello, A) |
| Filing 89 MOTION for Summary Judgment by All Plaintiffs. (Attachments: #1 Memorandum / Brief, #2 Statement of Uncontested Facts, #3 Ex. A, #4 Ex. B, #5 Ex. C, #6 Ex. D, #7 Ex. E, #8 Ex. F, #9 Ex. G, #10 Ex. H, #11 Ex. I, #12 Ex. J, #13 Ex. K, #14 Ex. L, #15 Ex. M, #16 Ex. N, #17 Ex. O, #18 Ex. P, #19 Ex. Q)(aty,Brown, Somer) |
| Set Deadlines as to #89 MOTION for Summary Judgment. Responses due by 8/20/2021 (crt,Miletello, A) |
Filing 88
ELECTRONIC ORDER. On or before close of business on 8/13/2021, plaintiffs are to file a Motion for Summary Judgment with respect to his or her claim for wages, penalties, and attorney fees against Aeroframe Services, LLC. Each is to attach appropriate summary judgment type evidence but the supporting memorandum need only adopt the argument made by plaintiffs in Cooley, et al v. Aeroframe Services, LLC, 14-cv-987 unless any plaintiff has additional reasons for judgment in his or her favor. Aeroframe is to respond to the motion on or before 8/20/2021 but need merely adopt by reference its reply to the plaintiffs' motions in Cooley unless it has additional grounds to object to the award. Assuming plaintiffs' support and Aeroframe's response are identical to those in Cooley, and once we have confirmed the mathematical calculations of plaintiffs, we will issue a Report and Recommendation recommending to the district court that it enter an award to the plaintiff-employees as prayed for. Failure to file the motion as ordered will result in a recommendation being made that plaintiffs' claims be dismissed for failure to prosecute. Alternatively the parties may save this court and themselves the trouble of this exercise by simply acknowledging again (since plaintiff's judicial admission found at doc. 80) that there exists no issue between them.. Signed by Magistrate Judge Kathleen Kay on 7/28/2021.(jud,Kay, Kathleen)
|
|
Filing 87
ORDER rescinding #82 Order, and denying #80 Motion for Entry of Judgment under Rule 54(b); mooting #86 Motion to Amend Judgment. his matter is again referred to the Magistrate Judge to have the purported claim of each Plaintiff against Aeroframe expeditiously resolved. Signed by Judge Donald E Walter on 7/27/2021. (crt,Whidden, C)
|
| Filing 86 MOTION to Amend/Correct #82 Order filed by All Plaintiffs. (Attachments: #1 Proposed order, #2 Certificate)(aty,Brown, Somer) Modified on 7/27/2021 to capture motion event, modify docket entry relationship and docket text (Miletello, A). |
| Filing 85 RESPONSE to Motion re #83 MOTION to Amend/Correct filed by Aviation Technical Services Inc. (aty,Vance, R) |
| Filing 84 NOTICE OF DEFICIENCY: The Motions to Amend Judgments filed on July 22, 2021 in case numbers 2:14-cv-983, 2:14-cv-984, 2:14-cv-985, 2:14-cv-986, 2:14-cv-987, 2:14-cv-988, 2:14-cv-989, 2:14-cv-990, 2:14-cv-991, 2:14-cv-2323, 2:14-cv-2324, 2:14-cv-2325, 2:14-cv-2538 by plaintiffs are DEFICIENT as the motions and proposed judgments do not have a proper case caption. Please refer to Fed.R.Civ.P. 10(a) regarding captions to ensure compliance. Please refile the motions and proposed judgments in each specific case containing the appropriate case caption within 10 days from the date of this notice or the documents may be stricken by the court. All filing deadlines previously set remain in effect. Issuance of this deficiency does not amount to an extension of any deadline. Issued by the Clerk on 7/23/2021. (crt,Reeves, T) |
| Filing 83 DEFICIENT. RESUBMITTED IN ITS ENTIRETY AT DOC #86 . MOTION to Amend/Correct by All Plaintiffs. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 7/22/2021. (Attachments: #1 Proposed order, #2 Certificate)(aty,Brown, Somer) Modified to reflect deficient ? status on 7/23/2021 (Reeves, T). Modified on 7/27/2021 to indicate document resubmitted in its entirety (Miletello, A). |
|
Filing 82
RESCINDED - ORDER granting #80 Motion for Entry of Judgment under Rule 54(b) as to the claims of the Plaintiff against Defendants Aviation Technical Services Inc and Aeroframe Services L L C. Signed by Judge Donald E Walter on 7/21/2021. (crt,Whidden, C) Modified on 7/27/2021 to indicate rescinded (Whidden, C).
|
| Filing 79 NOTICE OF APPEAL as to #77 Judgment re Report and Recommendations, Order on Report and Recommendations, by All Plaintiffs, Mario Barreda, Myra B Bourque, Danny Lee Bush, Brendan Callahan, Karen Chasson, Antonio Chavez, Barron Clark, Cynthia Davidson, Darick Davidson, Michael P Elenbaas, Michael Fontenot, Patrick Gaynor, Judy Marceaux, Kenneth Miller, Geoffrey Omeara, Stephen Robinson, George Santarina, Franklin K Welch. (Filing fee $505, receipt number ALAWDC-4729712) (aty,Brown, Somer) |
|
Filing 77
JUDGMENT in case 2:14-cv-00983-DEW-KK; 2:14-cv-00984-DEW-KK; 2:14-cv-00985-DEW-KK; 2:14-cv-00986-DEW-KK; 2:14-cv-00987-DEW-KK; 2:14-cv-00988-DEW-KK; 2:14-cv-00989-DEW-KK; 2:14-cv-00990-DEW-KK; 2:14-cv-00991-DEW-KK; 2:14-cv-00992-DEW-KK; 2:14-cv-02323-DEW-KK; 2:14-cv-02324-DEW-KK; 2:14-cv-02325-DEW-KK; 2:14-cv-02538-DEW-KK; adopting (85) Report and Recommendations. in case 2:14-cv-00983-DEW-KK; (75) Report and Recommendations. in case 2:14-cv-00984-DEW-KK; (76) Report and Recommendations. in case 2:14-cv-00985-DEW-KK; (80) Report and Recommendations. in case 2:14-cv-00986-DEW-KK; (81) Report and Recommendations. in case 2:14-cv-00987-DEW-KK; (75) Report and Recommendations. in case 2:14-cv-00988-DEW-KK; (68) Report and Recommendations. in case 2:14-cv-00989-DEW-KK; (67) Report and Recommendations. in case 2:14-cv-00990-DEW-KK; (74) Report and Recommendations. in case 2:14-cv-00991-DEW-KK; (312) Report and Recommendations. in case 2:14-cv-00992-DEW-KK; (62) Report and Recommendations. in case 2:14-cv-02323-DEW-KK; (63) Report and Recommendations. in case 2:14-cv-02324-DEW-KK; (64) Report and Recommendations. in case 2:14-cv-02325-DEW-KK granting in part and denying in part 92 Motion for Summary Judgment. Judgment is rendered in favor of Aviation Technical Services ("ATS") and against all plaintiffs, Aeroframe Services L L C, ("Aeroframe") and Roger Porter dismissing all claims against A T S with prejudice. The motion is denied to the extent it sought dismissal of plaintiffs' claims against Aeroframe. Upon reconsideration of the previous ruling in 2:14-cv-0992, doc 85, ruling at doc 104 and judgment at doc 105, and finding that the motion should now be GRANTED, it is ORDERED, ADJUDGED, AND DECREED that judgment be and it is hereby rendered in favor or Michael Ashford against Aeroframe Services L L C in the amount of $35,200. Signed by Judge Donald E Walter on 6/9/2021. (crt,Crick, S)
|
| NOTICE of Case No Longer Consolidated. In accordance with the order of this court, Civil Action Numbers: 19-cv-610, 14-cv-983, 14-cv-984, 14-cv-985, 14-cv-986, 14-cv-987, 14-cv-988, 14-cv-989, 14-cv-990, 14-cv-991, 14-cv-992, 14-cv-2323, 14-cv-2324, 14-cv-2325, 14-cv-2538 are severed and no longer consolidated. All pleadings filed during consolidation period beginning on 9/8/20 may be found in the case number 19-610. Future filings should be made in the pertinent individual case. (crt,Crick, S) |
| Filing 81 NOTICE of Motion Setting regarding: (68 in 2:14-cv-02325-DEW-KK, 85 in 2:14-cv-00987-DEW-KK, 321 in 2:14-cv-00992-DEW-KK, 79 in 2:14-cv-00984-DEW-KK, 67 in 2:14-cv-02324-DEW-KK, 79 in 2:14-cv-00988-DEW-KK, 89 in 2:14-cv-00983-DEW-KK, 80 in 2:14-cv-00985-DEW-KK, 72 in 2:14-cv-00989-DEW-KK, 80 in 2:14-cv-02538-DEW-KK, 66 in 2:14-cv-02323-DEW-KK, 78 in 2:14-cv-00991-DEW-KK, 71 in 2:14-cv-00990-DEW-KK, 84 in 2:14-cv-00986-DEW-KK) MOTION for Entry of Judgment under Rule 54(b). Motions referred to Judge Donald E Walter. (NOTICE WAS ORIGINALLY FILED IN 19-CV-610 AT DOC #123.) (crt,Whidden, C) |
|
Filing 78
ORDER to Clarify Procedural Posture and to Unconsolidate Cases. Once the cases have been unconsolidated, we will issue an order similar to that issued in Cooley for plaintiff-employees to file a Motion for Summary Judgment for their claims against Aeroframe or risk a recommendation to the district court that the claims be dismissed for failure to prosecute. Signed by Magistrate Judge Kathleen Kay on 6/23/2021. (crt,Crick, S)
|
| Filing 80 MOTION for Entry of Judgment under Rule 54(b) by Jay Abbott, Don Boring, Emily Grimmett, Ronnie Orgeron, Nathan M Scalisi, Jenny Warner, Keith Cooley, Kouri Donahoo, Donald R Hebert, Jake Maniscalco, Eric R Martin, Elmer Dewayne Nick, Jr, Roger Ladell Paris, Jason Soileau, John Upmeyer, Carl Ward, Jonathan Wilson, Brian Morvant, Gordon St Germain, Michael Ashford, Joey T Decolongon, Bridgette King, Craig LaFleur, Christopher Meche, Jared Roberson, Clara Roy, Cory Cogdill, Howard Guillory, Jesse Plumber, Keith Plumber, Robert Coley, Morris W Domingue, Lindsay Halpin, Troy Hayes, Vernon Holzknecht, Simona Lasalle, Alfred Mueller, Richard Theriot, All Plaintiffs, Mario Barreda, Myra B Bourque, Danny Lee Bush, Brendan Callahan, Karen Chasson, Antonio Chavez, Barron Clark, Cynthia Davidson, Darick Davidson, Michael P Elenbaas, Michael Fontenot, Patrick Gaynor, Judy Marceaux, Kenneth Miller, Geoffrey Omeara, Stephen Robinson, George Santarina, Franklin K Welch, Timothy Cleaves, Michael J Daigle, Mohammad Elbjeirmi, Joseph Hein, Derrick Roberson, Eric Rogillio, Amy Sarver, Ronald Blanton, Ramil Ivan R Decena, Tom France, Dustin Gilley, Michael Heath, Richard D Holt, Sean Hudnall, Holly Labove, Robert Lafleur, Carolyn Manson, Michael McCloud, Shirley A Olivier, Sandra Peak, Philip Wells, Robert Rackard, Irma Chapman, Kristy David, Donald B Dupre, Robbie W Ellis, Jason Fruge, Harold J Gallow, Angella M Guarjarcle, Sonita Joseph, Melissa Lyons, Christine Quebodeaux, Dustin Regan, Clint Thibodeaux, Lawrence Adams, Timothy Cowan, Karen W DeJean, Joseph Debartola, Kathleen Debartola, Eric Drayton, Frank Hayes, Diana D Pena, Gerald K Rather, Tracy Reed, Allison Williams. (Attachments: #1 Proposed order) (MOTION WAS ORIGINALLY FILED IN 19-CV-610 AT DOC #122.)(crt,Whidden, C) |
| Filing 76 ANSWER to Complaint by Aeroframe Services L L C.(crt,Crick, S) |
| NOTICE of Answer filed in Lead case 2:19-cv-0610 as Document 105 attachment #11 by Aeroframe Services L L C. (crt,Jones, P) |
| NOTICE of Corrective Action regarding #75 Order. Action taken: Edited text of entry to reflect Filed in Error - to be docketed in lead case 19-cv-610 only. (crt,Benoit, T) |
|
Filing 75
FILED IN ERROR - ORDER. On or before close of business on March 26, 2021, the plaintiffs named in the original member case of Cooley, et al v. Aeroframe Services, LLC, et al docket number 14-cv-987, are to file Motions for Summary Judgment with respect to their claims for wages, penalties and attorney fees against Aeroframe Services, LLC, as set forth in their original complaint. Failure to file for Summary Judgment as ordered herein will result in a Report and Recommendation being submitted recommending the matters be dismissed for failure to prosecute. Signed by Magistrate Judge Kathleen Kay on 2/22/2021. (crt,Crick, S) Modified on 2/23/2021 to indicate Filed in Error(Benoit, T).
|
|
Filing 74
ORDER in case 2:14-cv-00983-DEW-KK; granting (90) Motion for Leave to File Excess Pages in case 2:19-cv-00610-DEW-KK. Signed by Magistrate Judge Kathleen Kay on 10/6/2020. (crt,Crick, S)
|
| Cases associated. Create association to 2:19-cv-00610-DEW-KK. (crt,Miletello, A) |
|
Filing 73
MEMORANDUM RULING consolidating Lead Case #2:19-cv-0610 w/case #14-cv-983, 14-cv-984, 14-cv-985, 14-cv-986, 14-cv-987, 14-cv-988, 14-cv-989, 14-cv-990, 14-cv-991; 14-cv-992, 14-cv-2323, 14-cv-2324, 14-cv-2325, 14-cv-2538. (This order is filed as document #87 in lead case #19-cv-0610). Signed by Magistrate Judge Kathleen Kay on 9/8/2020. (crt,Miletello, A)
|
|
Filing 72
ELECTRONIC ORDER mooting #24 Motion to Withdraw as Attorney. Counsel was substituted at Doc. 64. Signed by Magistrate Judge Kathleen Kay on 9/8/2020. (jud,Kay, Kathleen)
|
|
Filing 71
ELECTRONIC ORDER terminating #28 Motion for Summary Judgment. This matter has now been consolidated with "Ashford v. Aeroframe Services, LLC, et al." (Ashford 2) bearing docket number 19-cv-610 of this court. See Doc.87. Movant may reassert these claims in that lead case. Signed by Magistrate Judge Kathleen Kay on 9/8/2020. (jud,Kay, Kathleen)
|
|
Filing 70
ORDER adopting #63 Report and Recommendations. The initial denials of remand in this matter are now supplemented to include the reasons for denial in Ashford 2 as if those reasons and that judgment adopting the reasons were reproduced in this matter in their entirety. Signed by Judge Donald E Walter on 8/11/2020. (crt,Bray, K)
|
| Filing 69 REPLY to Response to #28 MOTION for Summary Judgment filed by Aviation Technical Services Inc. (aty,Vance, R) Modified on 8/7/2020 to modify docket text (Miletello, A). |
| Filing 68 MEMORANDUM in Opposition re #28 MOTION for Summary Judgment filed by Aeroframe Services L L C. (Attachments: #1 Statement of material facts, #2 Exhibit, #3 Exhibit)(aty,Billeaud, Lawrence) |
| Filing 67 OBJECTION to #63 Report and Recommendations by Aeroframe Services L L C. Response to Objection to R&R due by 7/29/2020 (aty,Billeaud, Lawrence) Modified on 7/27/2020 to modify response due date (Miletello, A). |
| Set/Reset Deadlines as to #67 Objection to Report and Recommendations. Response to Objection to R&R due by 7/29/2020. See 66 Electronic Order. (crt,Miletello, A) |
| NOTICE of Corrective Action to Lawrence C Billeaud on behalf of Aeroframe Services L L C regarding #67 Objection to Report and Recommendations. Action taken: Modified 8/10/20 response to objection deadline. A deadline of 7/29/20 is already set with 66 Order. (crt,Miletello, A) |
|
Filing 66
ELECTRONIC ORDER. The deadline by which to respond to the Objection filed to the #63 Report and Recommendation is shortened to 7/29/2020. The matter will be deemed under submission at that point. Signed by Magistrate Judge Kathleen Kay on 7/24/2020. (jud,Kay, Kathleen)
|
| Filing 65 OBJECTION to #63 Report and Recommendations by Mario Barreda, Myra B Bourque, Danny Lee Bush, Brendan Callahan, Karen Chasson, Antonio Chavez, Barron Clark, Cynthia Davidson, Darick Davidson, Michael P Elenbaas, Michael Fontenot, Patrick Gaynor, Judy Marceaux, Kenneth Miller, Geoffrey Omeara, Stephen Robinson, George Santarina, Franklin K Welch. Response to Objection to R&R due by 8/3/2020 (aty,Brown, Somer) Modified on 7/23/2020 to modify response due date. (Crick, S). |
| NOTICE of Corrective Action to Somer George Brown on behalf of All Plaintiffs regarding #65 Objection to Report and Recommendations. Action taken: Terminated 8/6/20 response to objection deadline. A deadline of 8/3/20 is already set with #63 Report and Recommendation. (crt,Miletello, A) |
|
Filing 64
ORDER granting #62 Motion to Substitute Attorney. Lawrence C Billeaud added as attorney for Aeroframe Services L L C. Attorney Joseph P Williams, Sr and Richard Bray Williams terminated. Signed by Magistrate Judge Kathleen Kay on 7/22/2020. (crt,Miletello, A)
|
| Filing 63 REPORT AND RECOMMENDATIONS : So that this case and all other related cases maintain the same footing with respect to the bases of our subject matter jurisdiction, it is recommended that this court adopt the findings in Ashford 2 and conclude that we enjoy subject matter jurisdiction in this case for the same reasons set forth in the Report and Recommendation made and adopted by the court there. Objections to R&R due by 7/28/2020. Response to Objection to R&R due by 8/3/2020. Signed by Magistrate Judge Kathleen Kay on 7/22/2020. (crt,LaCombe, L) Modified on 7/22/2020 to remove link to Motion and regenerate NEF (Jones, P). |
| Filing 62 MOTION to Substitute Attorney Lawrence C. Billeaud in place of Richard Bray Williams, Joseph P Williams Sr with consent by Aeroframe Services L L C. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 7/21/2020. (Attachments: #1 Proposed order)(Attorney Lawrence C Billeaud added to party Aeroframe Services L L C(pty:dft))(aty,Billeaud, Lawrence) Modified on 7/21/2020 to modify docket text (Miletello, A). |
| Filing 61 WAIVER OF SERVICE Returned Executed by Aviation Technical Services Inc. Roger A Porter waiver sent on 2/12/2019, answer due 4/13/2019. (aty,Venn, Brett) |
| Filing 60 SUMMONS ISSUED as to Roger A Porter. (crt,Miletello, A) |
| REQUEST FOR ISSUANCE OF SUMMONS as to Roger A Porter, requested by Aviation Technical Services Inc. (aty,Venn, Brett) |
| Filing 58 SUPPLEMENTAL MEMORANDUM in Support re #28 MOTION for Summary Judgment filed by Aviation Technical Services Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(aty,Vance, R) |
| Filing 59 CROSSCLAIM against Aeroframe Services L L C, THIRD PARTY COMPLAINT against Roger A Porter filed by Aviation Technical Services Inc.(crt,Crick, S) |
|
Filing 57
ELECTRONIC ORDER granting #30 Motion for Leave to File Cross Claim against Aeroframe and Third Party Demand against Roger Porter. Signed by Magistrate Judge Kathleen Kay on 7/7/2020. (jud,Kay, Kathleen) (LaCombe, L).
|
|
Filing 56
ORDER LIFTING STAY, ORDER REFERRING MOTION: #28 MOTION for Summary Judgment filed by Aviation Technical Services Inc. Motions referred to Magistrate Judge Kathleen Kay for purposes of a hearing (if necessary) and preparation of a Report and Recommendation. Signed by Judge Donald E Walter on 7/6/2020. (crt,Miletello, A)
|
|
Filing 55
ELECTRONIC ORDER striking #39 Motion to Dismiss for Lack of Jurisdiction. Insofar as movant is currently a stranger to this litigation the motion is stricken from the record. Signed by Magistrate Judge Kathleen Kay on 7/5/2020. (jud,Kay, Kathleen)
|
|
Filing 54
ELECTRONIC ORDER re #30 MOTION for Leave to File Cross Claim against Aeroframe and Third Party Demand against Porter with consent sought but not yet obtained filed by Aviation Technical Services Inc. Movant is to notify the court (via email, copy to counsel) as soon as possible whether it is still interested in asserting this Cross Claim and Third Party Demand. If it is not then it should move to withdraw the motion.Also and with respect to the #28 MOTION for Summary Judgment filed by Aviation Technical Services Inc., Movant is to notify the court (via email, copy to all counsel) as soon as possible whether it would like the opportunity to supplement or amend its motion. If it declines then the matter will be considered ripe for consideration. If it wishes to supplement or amend then it is to do so by 7/17/2020. Any party that has filed an opposition to this motion may supplement or amend the opposition by 7/31/2020 to which movant may reply to the supplemented or amended opposition, if it so chooses, by 8/7/2020 after which time the matter will be considered ripe for consideration. Signed by Magistrate Judge Kathleen Kay on 7/5/2020. (jud,Kay, Kathleen)
|
|
Filing 53
ELECTRONIC ORDER granting #52 Motion to Withdraw as Attorney. Attorneys Michael Jesse McNulty, III and James R Nieset are terminated. Signed by Magistrate Judge Kathleen Kay on 2/13/2020. (jud,Kay, Kathleen)
|
| Filing 52 MOTION to Withdraw Michael J. McNulty, III and James R. Nieset as Attorney by Aviation Technical Services Inc. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order)(aty,Gabb, Samuel) Modified on 2/12/2020 to edit text and correct motion event (Dauterive, C). |
|
Filing 51
ELECTRONIC ORDER re #45 Motion to Compel. Based upon information provided by counsel for ATS linked to this order, the motion is MOOT. Signed by Magistrate Judge Kathleen Kay on 9/3/2019. (jud,Kay, Kathleen)
|
|
Filing 50
ELECTRONIC ORDER granting #48 Motion to Enroll as Counsel. Added as counsel Brett Spencer Venn for Aviation Technical Services Inc. Signed by Magistrate Judge Kathleen Kay on 8/6/2019. (jud,Kay, Kathleen)
|
|
Filing 49
ORDER denying #47 Motion for Extension of Time to File Response/Reply. Plaintiffs are to respond to the motion on or before August 23, 2019. Signed by Magistrate Judge Kathleen Kay on 8/6/2019. (jud,Kay, Kathleen)
|
| Filing 48 MOTION for Brett S. Venn to Enroll as Counsel by Aviation Technical Services Inc. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order)(aty,Vance, R) |
| Filing 47 MOTION for Extension of Time to File Response re #45 Motion to Compel with consent sought but not yet obtained by Mario Barreda, Myra B Bourque, Danny Lee Bush, Brendan Callahan, Karen Chasson, Antonio Chavez, Barron Clark, Cynthia Davidson, Darick Davidson, Michael P Elenbaas, Michael Fontenot, Patrick Gaynor, Judy Marceaux, Kenneth Miller, Geoffrey Omeara, Stephen Robinson, George Santarina, Franklin K Welch. Motions referred to Kathleen Kay. (Attachments: #1 Memorandum / Brief, #2 Proposed order, #3 Exhibit)(aty,Brown, Somer) Modified on 8/5/2019 to create docket entry relationship.(Crick, S). |
| Filing 46 NOTICE of Motion Setting regarding: #45 MOTION to Compel Discovery Responses of Barreda Plaintiffs. Motions referred to Magistrate Judge Kathleen Kay. (crt,JonesSld, P) |
| Filing 45 MOTION to Compel Discovery Responses of Barreda Plaintiffs by Aviation Technical Services Inc. Motions referred to Kathleen Kay. (Attachments: #1 Memorandum / Brief, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Certificate re efforts to resolve-LR 37.1, #6 Proposed order)(aty,Vance, R) |
|
Filing 44
ELECTRONIC ORDER: This matter is hereby reassigned. Case reassigned to Judge Donald E Walter. Judge James D Cain, Jr no longer assigned to case. Any pending motions and deadlines or hearings previously set before the presiding Judge are hereby reset before Judge Walter. All future filings should bear the name of the new judge assignment. Signed by Chief Judge S Maurice Hicks Jr. (crt,Reeves, T)
|
|
Filing 43
ORDER OF RECUSAL. Referred to Chief Judge for reassignment. Signed by Judge James D Cain, Jr on 7/8/2019. (crt,JonesSld, P)
|
|
Filing 42
ELECTRONIC ORDER: This matter is hereby reassigned. Case reassigned to Judge James D Cain, Jr. Unassigned District Judge no longer assigned to case. Any pending motions and deadlines or hearings previously set before Unassigned District Judge are hereby reset before Judge Cain. All future filings should bear the name of the new judge assignment. Signed by Chief Judge S Maurice Hicks Jr.(crt,Whidden, C)
|
| Filing 41 SUPPLEMENTAL NOTICE of Additional Jurisdictional Facts Supporting Diversity Jurisdiction by Aviation Technical Services Inc re 15 & 10 Electronic Order. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(aty,Vance, R) Modified on 5/13/2019 to edit text (Putch, A). |
| Filing 40 MEMORANDUM in Opposition re #39 MOTION to Dismiss for Lack of Jurisdiction filed by Aviation Technical Services Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(aty,Vance, R) |
| Filing 39 *STRICKEN* MOTION to Dismiss for Lack of Jurisdiction by Roger A Porter. Motions referred to Kathleen Kay. (Attachments: #1 Memorandum / Brief, #2 Text of proposed order)(Attorney Thomas A Filo added to party Roger A Porter(pty:selreq))(aty,Filo, Thomas) Modified on 7/17/2020 to reflect as stricken, see 55 Order (Miletello, A). |
| Filing 38 RESPONSE to Motion re #28 MOTION for Summary Judgment filed by Mario Barreda, Myra B Bourque, Danny Lee Bush, Brendan Callahan, Karen Chasson, Antonio Chavez, Barron Clark, Cynthia Davidson, Darick Davidson, Michael P Elenbaas, Michael Fontenot, Patrick Gaynor, Judy Marceaux, Kenneth Miller, Geoffrey Omeara, Stephen Robinson, George Santarina, Franklin K Welch. (Attachments: #1 Statement of Uncontested Facts, #2 Exhibit 1)(aty,Brown, Somer) |
| Filing 37 REPLY to Response to Motion re #30 MOTION for Leave to File Cross Claim against Aeroframe and Third Party Demand against Porter with consent sought but not yet obtained filed by Aviation Technical Services Inc. (aty,Vance, R) |
| Filing 36 MEMORANDUM in Opposition re #30 MOTION for Leave to File Cross Claim against Aeroframe and Third Party Demand against Porter with consent sought but not yet obtained filed by Mario Barreda, Myra B Bourque, Danny Lee Bush, Brendan Callahan, Karen Chasson, Antonio Chavez, Barron Clark, Cynthia Davidson, Darick Davidson, Michael P Elenbaas, Michael Fontenot, Patrick Gaynor, Judy Marceaux, Kenneth Miller, Geoffrey Omeara, Stephen Robinson, George Santarina, Franklin K Welch. (aty,Brown, Somer) |
|
Filing 35
ELECTRONIC ORDER re #30 MOTION for Leave to File Cross Claim against Aeroframe and Third Party Demand against Porter filed by Aviation Technical Services Inc. Any party objecting to this motion is to file a formal opposition on or before 2/8/2019. Signed by Magistrate Judge Kathleen Kay on 1/30/2019. (jud,Kay, Kathleen)
|
| Filing 34 CORRECTIVE DOCUMENT entitled Statement of Uncontested Material Facts regarding #28 Motion for Summary Judgment filed by Aviation Technical Services Inc. (aty,Vance, R) Modified on 1/30/2019 (Putch, A). |
| Filing 33 CORRECTIVE DOCUMENT entitled Motion for Leave filed by Aviation Technical Services Inc regarding #30 MOTION for Leave to File Cross Claim against Aeroframe and Third Party Demand against Porter with consent sought but not yet obtained . (aty,Vance, R) |
| Filing 32 NOTICE of Motion Setting regarding: #28 MOTION for Summary Judgment . Motions referred to Magistrate Judge Kathleen Kay. (crt,Putch, A) |
| Filing 31 CORRECTIVE DOCUMENT entitled Statement of Uncontested Material Facts in support of MSJ filed by Aviation Technical Services Inc regarding #28 MOTION for Summary Judgment . (aty,Vance, R) Modified on 1/30/2019 to edit text (Putch, A). |
| Filing 30 MOTION for Leave to File Cross Claim against Aeroframe and Third Party Demand against Porter with consent sought but not yet obtained by Aviation Technical Services Inc. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order)(aty,Vance, R) Modified on 1/30/2019 to create link to #27 Proposed Pleading and #29 Proposed Summons; on 1/31/2019 to indicate typo in pdf of main document and pdf of motion resubmitted as #33 Corrective Document (Putch, A). |
| Filing 29 PROPOSED SUMMONS to be issued as to Roger A Porter, submitted by Aviation Technical Services Inc. (aty,Vance, R) Modified on 1/30/2019 to create link to #30 Motion for Leave to File (Putch, A). |
| Filing 28 MOTION for Summary Judgment by Aviation Technical Services Inc. Motions referred to Kathleen Kay. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(aty,Vance, R) Modified on 1/30/2019 to create link to Statement of Material Facts filed as #31 Corrective Document; on 1/31/2019 to indicate typo in pdf of corrective document and resubmitted as #34 Corrective Document (Putch, A). |
| Filing 27 PROPOSED PLEADING - CROSSCLAIM, THIRD PARTY DEMAND filed by Aviation Technical Services Inc.(aty,Vance, R) Modified on 1/30/2019 to more accurately identify pleading submitted and to create link to #30 Motion for Leave to File (Putch, A). |
| Filing 26 ELECTRONIC MINUTE ENTRY issued by the Clerk and by order of Chief Judge S Maurice Hicks, Jr. Case reassigned to Unassigned District Judge. Judge James T Trimble, Jr no longer assigned to case. All future filings should bear the name of the new judge assignment.(crt,Whidden, C) |
|
Filing 25
ORDER: IT IS ORDERED this matter and all deadlines herein are stayed pending final resolution, including any review by the 5th Circuit Court of Appeals, of Ashford v. Aeroframe Services L L C, 2:14-cv-0992-JTT-KK. Signed by Judge James T Trimble, Jr on 5/25/2017. (crt,Putch, A)
|
| Filing 24 MOTION to Withdraw Joseph Payne Williams, Sr. and Richard Bray Williams as Attorney by Aeroframe Services L L C. Motions referred to Kathleen Kay. (Attachments: #1 Memorandum / Brief, #2 Exhibit, #3 Exhibit, #4 Proposed order)(aty,Williams, Joseph) Modified on 4/13/2017 to edit text. (Putch, A) |
| Filing 23 JUDGMENT ADOPTING re #20 Report and Recommendations; denying #8 Motion to Remand; denying #8 Motion for Attorney Fees. Signed by Judge James T Trimble, Jr on 02/14/17. (crt,Tice, Y) |
|
Filing 22
ORDER REASSIGNING CASE. Case reassigned to Judge James T Trimble, Jr. Judge Patricia Minaldi no longer assigned to case. Signed by Chief Judge Dee D Drell on 2/1/2017. (crt,Dauterive, C)
|
| Filing 21 OBJECTION to #20 Report and Recommendations by Mario Barreda, Myra B Bourque, Danny Lee Bush, Brendan Callahan, Karen Chasson, Antonio Chavez, Barron Clark, Cynthia Davidson, Darick Davidson, Michael P Elenbaas, Michael Fontenot, Patrick Gaynor, Judy Marceaux, Kenneth Miller, Geoffrey Omeara, Stephen Robinson, George Santarina, Franklin K Welch. Response to Objection to R&R due by 1/10/2017 (aty,Brown, Somer) |
| Filing 20 REPORT AND RECOMMENDATIONS re #8 MOTION to Remand, MOTION for Attorney Fees filed by Cynthia Davidson, Michael Fontenot, George Santarina, Kenneth Miller, Myra B Bourque, Antonio Chavez, Darick Davidson, Danny Lee Bush, Michael P Elenbaas, Karen Chasson, Franklin K Welch, Brendan Callahan, Mario Barreda, Geoffrey Omeara, Judy Marceaux, Patrick Gaynor, Barron Clark, Stephen Robinson. IT IS RECOMMENDED that the motion to remand [doc.8] be DENIED. IT IS FURTHER RECOMMENDED that the motion for attorney fees be DENIED. Objections to R&R due by 1/6/2017. Signed by Magistrate Judge Kathleen Kay on 12/23/2016. (crt,LaCombe, L) |
| Filing 19 MEMORANDUM in Opposition re #8 MOTION to Remand, MOTION for Attorney Fees filed by Aviation Technical Services Inc. (crt,Putch, A) |
|
Filing 18
ELECTRONIC ORDER granting #17 Motion for Leave to File Motion and Memorandum in Supportof Motion for Leave to File Memorandum In Opposition to Motion to Remand. Signed by Magistrate Judge Kathleen Kay on 12/12/2016. (jud,Kay, Kathleen)
|
| Filing 17 MOTION for Leave to File Memorandum in Opposition to #8 Motion to Remand with opposition by Aviation Technical Services Inc. Motions referred to Kathleen Kay. (Attachments: #1 Proposed pleading Memorandum in Opposition to Motion to Remand, #2 Proposed order)(aty,Vance, R) Modified on 12/12/2016 to create link and edit text. (Putch, A) |
| Filing 16 SUPPLEMENTAL MEMORANDUM in Support re #8 MOTION to Remand, MOTION for Attorney Fees Leave of Court granted in Electronic Order dated 8/24/16 filed by Mario Barreda, Myra B Bourque, Danny Lee Bush, Brendan Callahan, Karen Chasson, Antonio Chavez, Barron Clark, Cynthia Davidson, Darick Davidson, Michael P Elenbaas, Michael Fontenot, Patrick Gaynor, Judy Marceaux, Kenneth Miller, Geoffrey Omeara, Stephen Robinson, George Santarina, Franklin K Welch. (aty,Brown, Somer) |
| Set/Reset Deadlines: On or before 9/23/2016, Supplemental Memorandum due. Deadline to respond to any supplemental memorandum is 10/7/2016 to oppose the motion. See Electronic Order entered 8/24/2016. (crt,LaCombe, L) Modified on 8/25/2016 to edit text(LaCombe, L). |
|
Filing 15
ELECTRONIC ORDER re #8 MOTION to Remand, MOTION for Attorney Fees filed by Cynthia Davidson, Michael Fontenot, George Santarina, Kenneth Miller, Myra B Bourque, Antonio Chavez, Darick Davidson, Danny Lee Bush, Michael P Elenbaas, Karen Chasson, Franklin K Welch, Brendan Callahan, Mario Barreda, Geoffrey Omeara, Judy Marceaux, Patrick Gaynor, Barron Clark, Stephen Robinson.The parties are referred to the Electronic Order issued 1/30/2015, Doc. 10. On or before 9/23/2016, movers are to provide to the court a supplemental memorandum setting forth how and to what extent the circumstances of this case differ from the ruling in Ashford v. Aeroframe Services, LLC, et al, docket no. 14-cv-992, denying motions to remand filed by plaintiff Michael Ashford and by Aeroframe Services, LLC., and Roger A. Porter. See Doc. 45 there. Those opposing the motion have until 10/7/2016 to respond to any supplemental memorandum. Facts alleged in the Ashford matter are not to be repeated. The court seeks only information that would cause a result that would be different in this case than the result reached in Ashford.. Signed by Magistrate Judge Kathleen Kay on 8/24/2016. (jud,Kay, Kathleen) Modified on 8/25/2016 to edit text(LaCombe, L).
|
|
Filing 14
ORDER: Considering the undersigned affirmed the Magistrate Judge's ruling denying remand of the related case Ashford v. Aeroframe Services L L C et al, 2:14-cv-0992, and the Fifth Circuit denied both motions for leave to appeal that ruling, IT IS ORDERED the Stay is LIFTED. Signed by Judge Patricia Minaldi on 8/19/2016. (crt,Putch, A)
|
|
Filing 13
ORDER granting #11 Motion to Stay. Signed by Judge Patricia Minaldi on 3/9/2015. (crt,FinnSld, P)
|
| Motions Transferred regarding #11 MOTION to Stay of Proceedings and Suspension of Compliance Deadline re 10 Electronic Order. Motions referred to Patricia Minaldi. (crt,Putch, A) |
| Filing 12 CORRECTIVE DOCUMENT entitled Statement of Consent regarding #11 MOTION to Stay of Proceedings and Suspension of Compliance Deadline by All Plaintiffs. . (aty,Brown, Somer) Modified on 2/11/2015 to edit text. (Putch, A) |
| Filing 11 MOTION to Stay of Proceedings and Suspension of Compliance Deadline re 10 Electronic Order by All Plaintiffs. Motions referred to Kathleen Kay. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Brown, Somer) Modified on 2/11/2015 to edit filers, accurately identify pleading submitted and to reflect Statement of Consent filed as #12 Corrective Document. (Putch, A) |
| Set/Reset Deadlines: Per Electronic Order 10 Compliance Deadline set for 2/27/2015. (crt,FinnSld, P) |
|
Filing 10
ELECTRONIC ORDER re #8 MOTION to Remand, MOTION for Attorney Fees filed by Cynthia Davidson, Michael Fontenot, George Santarina, Kenneth Miller, Myra B Bourque, Antonio Chavez, Darick Davidson, Danny Lee Bush, Michael P Elenbaas, Karen Chasson, Franklin K Welch, Brendan Callahan, Mario Barreda, Geoffrey Omeara, Judy Marceaux, Patrick Gaynor, Barron Clark, Stephen Robinson.A Memorandum Ruling was published this date in Ashford v. Aeroframe Services, LLC, et al, docket no. 14-cv-992, denying motions to remand filed by plaintiff Michael Ashford and by Aeroframe Services, LLC., and Roger A. Porter. See Doc. 45 there. If there exist any factual issues in this case that would cause the court to treat the Motions to Remand pending herein differently than the court treated the motions in the Ashford case, counsel is to notify the court of those facts through supplemental memorandum to be filed on or before 2/27/2015. Facts alleged in the Ashford matter are not to be repeated. The court seeks only information that would cause a result that would be different in this case than the result reached in Ashford.. Signed by Magistrate Judge Kathleen Kay on 1/30/2015. (jud,Kay, Kathleen)
|
| Filing 9 NOTICE of Motion Setting regarding #8 MOTION to Remand, MOTION for Attorney Fees. Motions referred to Kathleen Kay. (crt,Putch, A) |
| NOTICE of Corrective Action to Somer George Brown on behalf of Mario Barreda, Myra B Bourque, Danny Lee Bush, Brendan Callahan, Karen Chasson, Antonio Chavez, Barron Clark, Cynthia Davidson, Darick Davidson, Michael P Elenbaas, Michael Fontenot, Patrick Gaynor, Judy Marceaux, Kenneth Miller, Geoffrey Omeara, Stephen Robinson, George Santarina, Franklin K Welch regarding #8 MOTION to Remand, MOTION for Attorney Fees. Action taken: Modified entry to capture all reliefs requested in pleading; Added Motion for Attorney Fees. (crt,Putch, A) |
| Filing 8 MOTION to Remand, MOTION for Attorney Fees by All Plaintiffs. Motions referred to Kathleen Kay. (Attachments: #1 DUPLICATE PDF of Main Document-Motion to Remand, #2 Memorandum in Support, #3 Proposed Order)(aty,Brown, Somer) Modified on 9/19/2014 to edit text, filers and to capture all reliefs requested in pleading; Added MOTION for Attorney Fees on 9/19/2014. (Putch, A) |
|
Filing 7
ELECTRONIC ORDER granting #5 Motion to Withdraw Tina L. Wilson as Attorney for all plaintiffs. Attorney Tina L Wilson terminated. Signed by Magistrate Judge Kathleen Kay on 9/11/2014. (jud,Kay, Kathleen)
|
| Filing 6 RESPONSE TO REMOVAL ORDER by Aviation Technical Services Inc . (aty,Vance, R) |
| Filing 5 First MOTION to Withdraw Tina L. Wilson as Attorney by All Plaintiffs. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order to Motion to Withdraw as Co-Counsel)(aty,Brown, Somer) Modified on 8/28/2014 to edit filers. (Putch, A) |
|
Filing 4
REMOVAL ORDER forwarded to all counsel of record. Signed by Magistrate Judge Kathleen Kay on August 22, 2014. (crt,Benoit, T)
|
| Filing 3 ANSWER to Complaint by Aviation Technical Services Inc.(aty,Gabb, Samuel) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Aviation Technical Services Inc identifying Corporate Parent ATS Parent, Inc. for Aviation Technical Services Inc. (aty,Vance, R) |
| CASE Assigned to Judge Patricia Minaldi and Magistrate Judge Kathleen Kay. (crt,Thigpen, M) |
| Filing 1 NOTICE of Removal from 14th JDC Calcasieu Parish, Case Number 2014-3086 (Filing fee $400, receipt number 0536-2597395) filed by Aviation Technical Services Inc. (Attachments: #1 State court petition Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil cover sheet)(Attorney R Patrick Vance added to party Aviation Technical Services Inc(pty:dft))(aty,Vance, R) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Louisiana Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
