Harper v. Cotton Logistics Inc et al
| Wendy M. Harper and Wendy M Harper |
| Johnny L Slaughter, Peter Bell, Randall J Thompson, Forrest L Jackson, Cotton Holdings, Inc., Kyle J Williams, Henry H Hurst, Cotton Logistics, Inc., Peter J Bell, Cotton Holdings Inc, Henry Howard Tres Hurst and Cotton Logistics Inc |
| 2:2017cv01337 |
| October 18, 2017 |
| US District Court for the Western District of Louisiana |
| Lake Charles Office |
| Calcasieu |
| James D Cain |
| Kathleen Kay |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 26, 2019. A more recent docket listing may be available from PACER.
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| Filing 44 Joint STIPULATION of Dismissal by Peter J Bell, Cotton Holdings Inc, Cotton Logistics Inc, Henry Howard Tres Hurst, Forrest L Jackson, Johnny L Slaughter, Randall J Thompson, and Wendy M Harper. (aty,Landry, Jeremy) Modified filers on 7/26/2019 (Bunting, M). |
| Filing 43 60 DAY JUDGMENT OF DISMISSAL. Signed by Judge James D Cain, Jr on 7/15/2019. (crt,JonesSld, P) |
| Filing 42 NOTICE of Settlement by Wendy M Harper (aty,Hebert, Carmen) |
Filing 41
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)
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| Filing 40 MINUTES for proceedings held before Magistrate Judge Kathleen Kay: SETTLEMENT CONFERENCE held on 5/15/2019. Participating in chambers: Plaintiff Wendy M. Harper and her attorneys Carmen Tircuit Hebert and Stephen C. Carleton and counsel for defendants, Christine Sciacchetano and her client representatives Andrew Taylor and Whit Kelly. The parties did engage in good faith negotiation but were unable to reach an agreement. (jud,Kay, Kathleen) |
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Filing 39
ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 5/15/2019 at 10:30 AM in chambers before Magistrate Judge Kathleen Kay. Signed by Magistrate Judge Kathleen Kay on 3/26/2019. (crt,LaCombe, L)
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Filing 38
ELECTRONIC SCHEDULING ORDER Governing Pretrial Procedure: Jury Trial set for 3/9/2020 10:00 AM in Lake Charles, Courtroom 4 before Unassigned District Judge. Pretrial Conference set for 2/7/2020 10:00 AM in chambers before Unassigned District Judge. Dispositive Motions due by 12/10/2019. Plaintiffs Expert Info/Reports due by 12/26/2019. Defendants Expert Info/Reports due by 1/9/2020. Daubert Motions due by 1/24/2020. Motions in Limine due by 1/24/2020. Compel discovery 1/24/2020. All other motions due by 2/10/2020. Deadline for filing motion for protective order is 2/10/2020. Pretrial statements due by 2/10/2020. Exhibit List due by 2/10/2020. Real Time glossary due by 2/28/2020. Electronic Exhibits due by 3/2/2020.. Signed by Magistrate Judge Kathleen Kay on 1/9/2019. (jud,Kay, Kathleen)
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| Filing 37 MINUTES for proceedings held before Magistrate Judge Kathleen Kay: SCHEDULING CONFERENCE held on 1/9/2019. Participating by telephone: Carmen Tircuit Hebert for plaintiff and Christine Sciacchetano Keenan and Jeremy James Landry for defendants. Jury Trial is set for 3/9/2020 at 10:00 AM in Lake Charles, Courtroom 4 before Unassigned District Judge. A Pretrial Conference is set for 2/7/2020 at 10:00 AM in chambers before Magistrate Judge Kathleen Kay. See separately docketed Electronic Scheduling Order and document linked thereto for additional deadlines and explanations of those deadlines. (jud,Kay, Kathleen) |
| Filing 36 JOINT STATUS REPORT by Wendy M Harper, Peter J Bell, Cotton Holdings Inc, Cotton Logistics Inc, Henry Howard Tres Hurst, Forrest L Jackson, Johnny L Slaughter, Randall J Thompson. (aty,Hebert, Carmen) Modified filers on 1/2/2019 (Bunting, M). |
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Filing 35
ORDER: Scheduling Conference set for 1/9/2019 @ 10:00 AM by phone before Magistrate Judge Kathleen Kay. (Attachment: #1 Attachment to order setting scheduling scheduling conference)(crt,Benoit, T)
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| Filing 34 ANSWER to #27 Amended Complaint by Peter J Bell, Cotton Holdings Inc, Cotton Logistics Inc, Henry Howard Tres Hurst, Forrest L Jackson, Johnny L Slaughter, Randall J Thompson.(aty,Keenan, Christine) |
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Filing 33
ORDER granting #32 Motion for Extension of Time to Answer re #27 Amended Complaint Peter J Bell; Cotton Holdings Inc; Cotton Logistics Inc; Henry Howard Tres Hurst; Forrest L Jackson; Johnny L Slaughter; and, Randall J Thompson answers due 10/8/2018. Signed by Magistrate Judge Kathleen Kay on 9/26/2018. (crt,Bunting, M)
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| Filing 32 Unopposed MOTION for Extension of Time to File Answer with consent by Peter J Bell, Cotton Holdings Inc, Cotton Logistics Inc, Henry Howard Tres Hurst, Forrest L Jackson, Johnny L Slaughter, Randall J Thompson. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order)(aty,Landry, Jeremy) |
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Filing 31
ORDER granting #30 Motion to Substitute Attorney. Added attorney LaToya Danielle Jordan for Wendy M Harper. Attorney Victor Roy Loraso, III terminated. Signed by Magistrate Judge Kathleen Kay on 9/20/2018. (crt,Bunting, M)
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| Filing 30 MOTION to Substitute Attorney LaToya D. Jordan in place of Victor R. Loraso, III with consent by Wendy M Harper. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order)(aty,Hebert, Carmen) |
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Filing 29
ORDER granting #24 Motion to Withdraw as Attorney. Attorney Melissa Marie Samuel terminated. Signed by Magistrate Judge Kathleen Kay on 9/17/2018. (crt,Bunting, M)
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| Filing 28 FILED IN ERROR - NOTICE of Deficiency to Carmen Tircuit Hebert on behalf of Wendy M Harper regarding #27 Amended Complaint. Reason: Leave of court is required for the filing of this amended pleading. If this filing is one to which a responsive pleading is required, leave of court is required to file 21 days after service of the response or a motion under Rule 12(b)(e)(3) or (f). Other amendments require consent or leave of court. Please refer to Fed.R.Civ.P. 15(a) for further information regarding requirements for amendment of pleadings. (crt,FinnSld, P) Modified on 9/17/2018 to indicate filed in error per chambers as leave was granted in order on motion to dismiss (FinnSld, P). |
| Filing 27 AMENDED COMPLAINT against All Defendants with Jury Demand filed by Wendy M Harper.(aty,Hebert, Carmen) Modified on 9/14/2018 to indicate deficiency (FinnSld, P). Modified on 9/17/2018 to remove deficiency (FinnSld, P). |
| Filing 26 PROPOSED ORDER by Peter J Bell, Cotton Holdings Inc, Cotton Logistics Inc, Henry Howard Tres Hurst, Forrest L Jackson, Johnny L Slaughter, Randall J Thompson re #24 Motion to Withdraw as Attorney,. (aty,Samuel, Melissa) Modified on 9/14/2018 to edit text (FinnSld, P). |
| Filing 25 NOTICE of Deficiency to Melissa Marie Samuel on behalf of Peter J Bell, Cotton Holdings Inc, Cotton Logistics Inc, Henry Howard Tres Hurst, Forrest L Jackson, Johnny L Slaughter, Randall J Thompson regarding #24 MOTION to Withdraw as Attorney. Reason: Either no proposed order accompanied this motion or the proposed order was not on a separate page. Please see LR7.4.1 or LR58.1 for additional information. The motion cannot be referred to chambers until this deficiency is corrected. (crt,Bunting, M) |
| Filing 24 MOTION to Withdraw as Attorney by Peter J Bell, Cotton Holdings Inc, Cotton Logistics Inc, Henry Howard Tres Hurst, Forrest L Jackson, Johnny L Slaughter, Randall J Thompson of Withdrawal of Co-Counsel Melissa M. Samuel. (aty,Samuel, Melissa) Modified event to more accurately describe filing and to reflect deficient status on 9/13/2018 (Bunting, M). Modified on 9/14/2018 to remove deficiency, see #26 Proposed Order (FinnSld, P). |
| NOTICE of Corrective Action to Melissa Marie Samuel on behalf of Peter J Bell, Cotton Holdings Inc, Cotton Logistics Inc, Henry Howard Tres Hurst, Forrest L Jackson, Johnny L Slaughter, Randall J Thompson regarding #24 MOTION to Withdraw as Attorney. Action taken: Modified event to more accurately identify the document submitted. (crt,Bunting, M) |
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Filing 23
ORDER denying as moot #8 Motion to Dismiss for Failure to State a Claim with respect to claims raised against Kyle J. Williams and DENIED as to the claims raised against the remaining individual defendants. Harper is given 14 days from the date of this order to correct the deficiencies identified above, and defendants may reurge their motion if she fails to do so or if they believe that her amended pleading does not adequately address these deficiencies. Signed by Magistrate Judge Kathleen Kay on 8/30/2018. (crt,Bunting, M)
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| Filing 22 JUDGMENT adopting #19 Report and Recommendations, denying #13 Motion to Remand. All claims against defendant Kyle J Williams are dismissed without prejudice. Signed by Chief Judge S Maurice Hicks, Jr on 8/29/2018. (crt,McDonnell, D) |
| Filing 21 RESPONSE by Peter J Bell, Cotton Holdings Inc, Cotton Logistics Inc, Henry Howard Tres Hurst, Forrest L Jackson, Johnny L Slaughter, Randall J Thompson, Kyle J Williams re #20 Objection to Report and Recommendations . (aty,Keenan, Christine) |
| Filing 20 OBJECTION to #19 Report and Recommendations by Wendy M Harper. Response to Objection to R&R due by 8/22/2018 (aty,Hebert, Carmen) |
| Motions Transferred regarding #19 REPORT AND RECOMMENDATIONS re #13 MOTION to Remand filed by Wendy M Harper. Motions referred to Chief Judge S Maurice Hicks, Jr. (crt,Crick, S) |
| Filing 19 REPORT AND RECOMMENDATIONS recommending that the #13 MOTION to Remand filed by Wendy M Harper be DENIED and that all claims against defendant, Kyle Williams be DISMISSED WITHOUT PREJUDICE. Objections to R&R due by 8/8/2018. Signed by Magistrate Judge Kathleen Kay on 7/25/2018. (crt,Benoit, T) |
| Filing 18 REPLY to Response to Motion re #13 MOTION to Remand filed by Wendy M Harper. (aty,Hebert, Carmen) |
| Filing 17 REPLY to Response to Motion re #8 MOTION to Dismiss For Failure to State a Claim Individual Defendants and IIED, Defamation and Interference with Contract Claims filed by Peter J Bell, Cotton Holdings Inc, Cotton Logistics Inc, Henry Howard Tres Hurst, Forrest L Jackson, Johnny L Slaughter, Randall J Thompson, Kyle J Williams. (aty,Samuel, Melissa) |
| Filing 16 MEMORANDUM in Opposition re #13 MOTION to Remand filed by Peter J Bell, Cotton Holdings Inc, Cotton Logistics Inc, Henry Howard Tres Hurst, Forrest L Jackson, Johnny L Slaughter, Randall J Thompson, Kyle J Williams. (aty,Samuel, Melissa) |
| Filing 15 MEMORANDUM in Opposition re #8 MOTION to Dismiss For Failure to State a Claim Individual Defendants and IIED, Defamation and Interference with Contract Claims filed by Wendy M Harper. (aty,Hebert, Carmen) |
| Filing 14 NOTICE of Motion Setting without oral argument regarding: #13 MOTION to Remand. Motions referred to Magistrate Judge Kathleen Kay. (crt,Bunting, M) |
| Filing 13 MOTION to Remand by Wendy M Harper. Motions referred to Magistrate Judge Kathleen Kay. (Attachments: #1 Proposed order, #2 Memorandum / Brief)(aty,Hebert, Carmen) |
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Filing 12
ORDER granting #9 Motion for Extension of Time to Answer re #1 Notice of Removal. Signed by Magistrate Judge Kathleen Kay on 11/16/2017. (crt,Bunting, M)
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Filing 11
ELECTRONIC ORDER granting #7 Motion to Enroll as Counsel. Added as counsel Jeremy James Landry for Peter J Bell,Cotton Holdings Inc, Cotton Logistics Inc, Henry Howard "Tres" Hurst, Forrest L Jackson, Johnny L Slaughter, Randall J Thompson, and Kyle J Williams. Signed by Magistrate Judge Kathleen Kay on 11/16/2017. (jud,Kay, Kathleen)
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| Filing 10 NOTICE of Motion Setting regarding: #8 MOTION to Dismiss For Failure to State a Claim Individual Defendants and IIED, Defamation and Interference with Contract Claims. Motions referred to Magistrate Judge Kathleen Kay. (crt,Bunting, M) |
| Filing 9 MOTION for Extension of Time to File Answer with consent sought but not yet obtained by Peter J Bell, Cotton Holdings Inc, Cotton Logistics Inc, Henry Howard Tres Hurst, Forrest L Jackson, Johnny L Slaughter, Randall J Thompson, Kyle J Williams. Motions referred to Magistrate Judge Kathleen Kay. (Attachments: #1 Proposed order)(aty,Samuel, Melissa) |
| Filing 8 MOTION to Dismiss For Failure to State a Claim Individual Defendants and IIED, Defamation and Interference with Contract Claims by Peter J Bell, Cotton Holdings Inc, Cotton Logistics Inc, Henry Howard Tres Hurst, Forrest L Jackson, Johnny L Slaughter, Randall J Thompson, Kyle J Williams. Motions referred to Magistrate Judge Kathleen Kay. (Attachments: #1 Memorandum / Brief)(aty,Samuel, Melissa) |
| Filing 7 MOTION for Jeremy J. Landry to Enroll as Counsel for Defendants by Peter J Bell, Cotton Holdings Inc, Cotton Logistics Inc, Henry Howard Tres Hurst, Forrest L Jackson, Johnny L Slaughter, Randall J Thompson, Kyle J Williams. Motions referred to Magistrate Judge Kathleen Kay. (Attachments: #1 Proposed order regarding Motion to Enroll Additional Counsel of Record)(aty,Keenan, Christine) |
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Filing 6
ELECTRONIC ORDER granting #5 Motion for Extension of Time to Answer Complaint attached to #1 Notice of Removal. Answers due 11/15/2017 for Peter J Bell, Cotton Holdings, Inc., Cotton Logistics, Inc., Henry Howard Tres Hurst, Forrest L Jackson, Johnny L Slaughter, Randall J Thompson, and Kyle J Williams. Signed by Magistrate Judge Kathleen Kay on 10/24/2017. (jud,Kay, Kathleen)
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| Filing 5 Unopposed MOTION for Extension of Time to File Answer with consent by Peter J Bell, Cotton Holdings Inc, Cotton Logistics Inc, Henry Howard Tres Hurst, Forrest L Jackson, Johnny L Slaughter, Randall J Thompson, Kyle J Williams. Motions referred to Magistrate Judge Kathleen Kay. (Attachments: #1 Proposed order)(aty,Samuel, Melissa) |
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Filing 4
REMOVAL ORDER forwarded to all counsel of record. Signed by Magistrate Judge Kathleen Kay on 10/20/2017. (crt,LaCombe, L)
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| Filing 3 PROPOSED REMOVAL ORDER referred to Magistrate Judge Carol B Whitehurst. (Public entry, but no electronic notice). (crt,Thigpen, M) |
| STATE COURT Service Returned Executed. Peter J Bell, Cotton Logistics, Inc, Forrest L Jackson, Henry Howard Tres Hurst, Johnny L Slaughter, Johnny L Slaughter, Cotton Holdings, Inc answer due 10/25/2017. ADMINISTRATIVE ENTRY: (THE PDF IMAGE CAN BE FOUND IN ATTACHMENT #1 OF DOCUMENT #1 NOTICE OF REMOVAL).(crt,Thigpen, M) |
| CASE Assigned to Unassigned District Judge and Magistrate Judge Kathleen Kay. (crt,Thigpen, M) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Cotton Holdings, Inc., Cotton Logistics, Inc.. (aty,Samuel, Melissa) |
| Filing 1 NOTICE of Removal from 14th JDC Calcasieu Parish, Case Number 2017-3514 (Filing fee $400, receipt number 0536-3490512) filed by Johnny L Slaughter, Cotton Holdings, Inc., Forrest L Jackson, Cotton Logistics, Inc., Randall J Thompson, Kyle J Williams, Peter Bell, Henry H Hurst. (Attachments: #1 Exhibit Exhibit 1 Suit Record, #2 Exhibit Exhibit 2 Cardenas Declaration, #3 Civil cover sheet)(Attorney Melissa Marie Samuel added to party Peter Bell(pty:dft), Attorney Melissa Marie Samuel added to party Cotton Holdings, Inc.(pty:dft), Attorney Melissa Marie Samuel added to party Cotton Logistics, Inc.(pty:dft), Attorney Melissa Marie Samuel added to party Henry H Hurst(pty:dft), Attorney Melissa Marie Samuel added to party Forrest L Jackson(pty:dft), Attorney Melissa Marie Samuel added to party Johnny L Slaughter(pty:dft), Attorney Melissa Marie Samuel added to party Randall J Thompson(pty:dft), Attorney Melissa Marie Samuel added to party Kyle J Williams(pty:dft))(aty,Samuel, Melissa) (Attachment 3 replaced on 10/19/2017) (Thigpen, M). |
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