Employers Mutual Casualty Co v. Five Star Industrial L L C et al
| Employers Mutual Casualty Co |
| William B Lawton Family Limited Partnership, Five S Industrial L L C, J Lawton Co L L C and Five Star Industrial L L C |
| 2:2019cv00191 |
| February 15, 2019 |
| US District Court for the Western District of Louisiana |
| Kathleen Kay |
| Insurance |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on July 23, 2019. A more recent docket listing may be available from PACER.
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Filing 42
ORDER. Based on new evidence altering a material assumption, the court RESCINDS the prior #39 REPORT AND RECOMMENDATIONS. EMC must file a response in 14 days indicating whether it still opposes defendants' motion to dismiss. If so, it must brief the Brillhart factors anew based on the existence of the third party demand. Defendants will then have 7 days to file any reply. Signed by Magistrate Judge Kathleen Kay on 4/15/2019. (crt,Crick, S)
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| Filing 41 OBJECTION to #39 Report and Recommendations by J Lawton Co L L C, William B Lawton Family Limited Partnership. Response to Objection to R&R due by 4/3/2019. ADMINISTRATIVE ENTRY as document electronically filed in error as 41 Memorandum in Opposition.(crt,Crick, S) Modified on 3/20/2019 to add document number. (Crick, S). |
| Filing 40 OBJECTION to #39 Report and Recommendations by Five S Industrial L L C, Five Star Industrial L L C. Response to Objection to R&R due by 4/2/2019 (Attachments: #1 Exhibit)(aty,Brown, Somer) |
| Filing 39 RESCINDED. REPORT AND RECOMMENDATIONS re #23 MOTION to Dismiss filed by William B Lawton Family Limited Partnership, J Lawton Co L L C, and #16 MOTION to Dismiss For Failure to State a Claim filed by Five S Industrial L L C, Five Star Industrial L L C. IT IS RECOMMENDED that the Motions to Dismiss [doc. 16,23] be DENIED. Objections to R&R due by 3/20/2019. Signed by Magistrate Judge Kathleen Kay on 3/6/2019. (crt,LaCombe, L) Modified on 4/15/2019 to indicate rescinded. See #42 Order. (Crick, S). |
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Filing 38
TRANSFER ORDER. Signed by Magistrate Judge Kathleen Kay on 2/20/2019. (crt,Crick, S)
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| Filing 37 PROPOSED TRANSFER ORDER referred to Magistrate Judge Kathleen Kay. (Public entry, but no electronic notice). (crt,Thigpen, M) |
| Filing 36 NOTICE of Motion Setting without oral argument regarding: #23 MOTION to Dismiss. Motions referred to Magistrate Judge Kathleen Kay. (crt,Thigpen, M) |
| Filing 35 NOTICE of Motion Setting without oral argument regarding: #16 MOTION to Dismiss For Failure to State a Claim. Motions referred to Magistrate Judge Kathleen Kay. (crt,Thigpen, M) |
| CASE Assigned to Unassigned District Judge and Magistrate Judge Kathleen Kay. Motions referred to Magistrate Judge Kathleen Kay. (crt,Thigpen, M) |
| Filing 34 DISTRICT CASE transferred in from District of Louisiana Middle; Case Number 3:18-cv-01015. Original file copy of transfer order and docket sheet received |
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Filing 33
Order Transferring Case to the Western District of Louisiana, Lake Charles Division. Signed by Judge John W. deGravelles on 2/15/2019. (KAH) [Transferred from Louisiana Middle on 2/15/2019.]
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| Filing 32 Joint MOTION to Change Venue Pursuant to 28 USC 1404(a) by J. Lawton Company, LLC, William B. Lawton Family Limited Partnership. (Attachments: #1 Memorandum in Support Joint Memo in Support of Motion to Transfer Venue)(Roan, Eric) [Transferred from Louisiana Middle on 2/15/2019.] |
| Filing 31 REPLY MEMORANDUM in Support of #23 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(6) filed by J. Lawton Company, LLC, William B. Lawton Family Limited Partnership. (Roan, Eric) Modified on 1/29/2019 to edit the text (SWE). [Transferred from Louisiana Middle on 2/15/2019.] |
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Filing 30
Telephone Scheduling Conference Report and Order: for proceedings held before Magistrate Judge Erin Wilder-Doomes: Telephone Conference held on 1/24/2019. Any motion to transfer venue shall be filed no later then 2/14/2019. Entry of a scheduling order is deferred pending resolution of any motion to transfer venue. Signed by Magistrate Judge Erin Wilder-Doomes on 1/24/2019. (SWE) [Transferred from Louisiana Middle on 2/15/2019.]
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| Filing 29 MEMORANDUM in Opposition to #23 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(6) filed by Employers Mutual Casualty Company. (Bearden, Joseph) [Transferred from Louisiana Middle on 2/15/2019.] |
| Filing 28 NOTICE TO COUNSEL: The Scheduling Conference set for 1/24/2019 has been a CONVERTED to a Telephone Conference set for 1/24/2019 at 09:30 AM before Magistrate Judge Erin Wilder-Doomes. Counsel participating in the Conference shall call 877-336-1839 using access code 9565780 five minutes prior to conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) [Transferred from Louisiana Middle on 2/15/2019.] |
| Terminate Hearings (Court Use Only) (SGO) [Transferred from Louisiana Middle on 2/15/2019.] |
| Filing 27 STATUS REPORT by Employers Mutual Casualty Company. (Bearden, Joseph) [Transferred from Louisiana Middle on 2/15/2019.] |
| Filing 26 REPLY to #22 Memorandum in Opposition to #16 Motion to Dismiss filed by Five S Industrial, LLC, Five Star Industrial, LLC. (Brown, Somer) Modified on 1/10/2019 to properly link document (KAH). [Transferred from Louisiana Middle on 2/15/2019.] |
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Filing 25
ORDER: The #21 Motion to Substitute Second Amended Complaint for declaratory Judgment for, and in place of Original Complaint for Declaratory Judgment is GRANTED. The clerk is ORDERED to substitute the Second Amended Complaint for Declaratory Judgment Pursuant to 28 USC 2201 (R. Doc. 21-2) in the place of the original complaint (R. Doc. 1). Signed by Magistrate Judge Erin Wilder-Doomes on 1/2/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 2/15/2019.]
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| Filing 24 NOTICE of Briefing Schedule on #23 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(6) : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) [Transferred from Louisiana Middle on 2/15/2019.] |
| Filing 23 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(6) by J. Lawton Company, LLC, William B. Lawton Family Limited Partnership. (Attachments: #1 Memorandum in Support of Motion to Dismiss Pursuant to Rule 12(b)(6), #2 Proposed Pleading; proposed Order)(Roan, Eric) [Transferred from Louisiana Middle on 2/15/2019.] Modified on 2/15/2019 to remove date terminated and create motion text (Reeves, T). |
| MOTION(S) REFERRED: #21 MOTION to Substitute Second Amended Complaint for Declaratory Judgment. This motion is now pending before the USMJ. (SWE) [Transferred from Louisiana Middle on 2/15/2019.] |
| Filing 22 MEMORANDUM in Opposition to #16 MOTION to Dismiss for Failure to State a Claim filed by Employers Mutual Casualty Company. (Attachments: #1 Exhibit A)(Bearden, Joseph) [Transferred from Louisiana Middle on 2/15/2019.] |
| Filing 21 MOTION to Substitute Second Amended Complaint for Declaratory Judgment by Employers Mutual Casualty Company. (Attachments: #1 Proposed Pleading; Order, #2 Proposed Pleading; Second Amended Complaint)(Bearden, Joseph) Modified on 12/27/2018 to edit the text(SWE). [Transferred from Louisiana Middle on 2/15/2019.] |
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Filing 20
NOTICE AND ORDER: The #13 Motion to Substitute Amended Complaint for Declaratory Judgment for, and in the place of, Original Complaint for Declaratory Judgment11 is DENIED. Employers Mutual Casualty Company shall file, within fourteen (14) days of this Notice and Order, a Motion to Substitute its Complaint for Declaratory Judgment Pursuant to 28 U.S.C. 2201 with a comprehensive Complaint that adequately alleges the citizenship of: (1) Five S Industrial, LLC; (2) Five Star Industrial, LLC; (3) J. Lawton Company, LLC; and (4) William B. Lawton Family Limited Partnership by setting out the citizenship of each entitys members. No further leave of court is required to file the Motion to Substitute. Signed by Magistrate Judge Erin Wilder-Doomes on 12/17/2018. (KAH) [Transferred from Louisiana Middle on 2/15/2019.]
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| Filing 19 NOTICE of Briefing Schedule on #16 MOTION to Dismiss for Failure to State a Claim : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) [Transferred from Louisiana Middle on 2/15/2019.] |
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Filing 18
ORDER granting #11 Ex Parte MOTION for Extension of Time to File Responsive Pleadings. Five S Industrial, LLC and Five Star Industrial, LLC answers due 1/2/2019. Signed by Magistrate Judge Erin Wilder-Doomes on 12/12/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 2/15/2019.]
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Filing 17
ORDER granting #10 Ex Parte Motion for Extension of Time to File Responsive Pleadings. J. Lawton Company, LLC and William B. Lawton Family Limited Partnership answers due 1/2/2019. Signed by Magistrate Judge Erin Wilder-Doomes on 12/12/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 2/15/2019.]
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| Filing 16 MOTION to Dismiss for Failure to State a Claim by Five S Industrial, LLC, Five Star Industrial, LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit 1, #3 Proposed Pleading; Proposed Order)(Brown, Somer) Modified on 12/13/2018 to rotate attachment (KAH). [Transferred from Louisiana Middle on 2/15/2019.] Modified on 2/15/2019 to remove date terminated and create motion text (Reeves, T). |
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Filing 15
ORDER granting #12 Motion to Strike Record Document No. 9 . Signed by Magistrate Judge Erin Wilder-Doomes on 12/12/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 2/15/2019.]
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| Filing 14 Letter to Attorney Somer G. Brown regarding Michael K. Cox who is Co-Counsel for party Five Star Industrial, LLC. Attorney is not admitted to practice in LAMD. (SWE) [Transferred from Louisiana Middle on 2/15/2019.] |
| Filing 13 MOTION to Substitute Amended Complaint by Employers Mutual Casualty Company. (Attachments: #1 Proposed Pleading;, #2 Proposed Order)(Bearden, Joseph) [Transferred from Louisiana Middle on 2/15/2019.] |
| Filing 12 MOTION to Strike 9 MOTION to Substitute Amended Complaint by Employers Mutual Casualty Company. (Bearden, Joseph) [Transferred from Louisiana Middle on 2/15/2019.] |
| MOTION(S) REFERRED: #11 Ex Parte MOTION for Extension of Time to File Responsive Pleadings. This motion is now pending before the USMJ. (SWE) [Transferred from Louisiana Middle on 2/15/2019.] |
| MOTION(S) REFERRED: #13 MOTION to Substitute Amended Complaint . This motion is now pending before the USMJ. (SWE) [Transferred from Louisiana Middle on 2/15/2019.] |
| MOTION(S) REFERRED: #10 Ex Parte MOTION for Extension of Time to File Responsive Pleadings . This motion is now pending before the USMJ. (SWE) [Transferred from Louisiana Middle on 2/15/2019.] |
| Filing 11 Ex Parte MOTION for Extension of Time to File Responsive Pleadings to #1 Complaint, by Five S Industrial, LLC, Five Star Industrial, LLC. (Attachments: #1 Proposed Pleading; Proposed Order)(Brown, Somer) Modified on 12/12/2018 to edit the text (SWE). [Transferred from Louisiana Middle on 2/15/2019.] |
| Filing 10 Ex Parte MOTION for Extension of Time to File Responsive Pleadings by J. Lawton Company, LLC, William B. Lawton Family Limited Partnership. (Attachments: #1 Proposed Pleading; proposed ORDER)(Roan, Eric) Modified on 12/12/2018 to edit the text (SWE). [Transferred from Louisiana Middle on 2/15/2019.] |
| Filing 9 STRICKEN FROM THE RECORD MOTION to Substitute Amended Complaint by Employers Mutual Casualty Company. (Attachments: # 1 Order, # 2 Proposed Pleading; Amended Complaint, # 3 4 Summons)(Bearden, Joseph) Modified on 12/17/2018to remove documents as they have been stricken in accordance with RD 15 (SWE). [Transferred from Louisiana Middle on 2/15/2019.] |
| MOTION(S) REFERRED: 9 MOTION to Substitute Amended Complaint . This motion is now pending before the USMJ. (SWE) [Transferred from Louisiana Middle on 2/15/2019.] |
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Filing 8
NOTICE AND ORDER: Employers Mutual Casualty Company shall file, within 14 days of this Notice and Order, a Motion to Substitute its Complaint for Declaratory Judgment Pursuant to 28 U.S.C. 2201 with a comprehensive Complaint that adequately alleges the citizenship of: (1) Five S Industrial, LLC; (2) Five Star Industrial, LLC; (3) J. Lawton Company, LLC; and (4) William B. Lawton Family Limited Partnership. No further leave of court is required to file the Motion to Substitute. Signed by Magistrate Judge Erin Wilder-Doomes on 11/30/2018. (KAH) [Transferred from Louisiana Middle on 2/15/2019.]
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| Filing 7 SUMMONS Returned Executed by Employers Mutual Casualty Company. Five Star Industrial, LLC served on 11/21/2018, answer due 12/12/2018. (Bearden, Joseph) [Transferred from Louisiana Middle on 2/15/2019.] |
| Filing 6 SUMMONS Returned Executed by Employers Mutual Casualty Company. Five S Industrial, LLC served on 11/21/2018, answer due 12/12/2018. (Bearden, Joseph) [Transferred from Louisiana Middle on 2/15/2019.] |
| Filing 5 SUMMONS Returned Executed by Employers Mutual Casualty Company. William B. Lawton Family Limited Partnership served on 11/21/2018, answer due 12/12/2018. (Bearden, Joseph) [Transferred from Louisiana Middle on 2/15/2019.] |
| Filing 4 SUMMONS Returned Executed by Employers Mutual Casualty Company. J. Lawton Company, LLC served on 11/21/2018, answer due 12/12/2018. (Bearden, Joseph) [Transferred from Louisiana Middle on 2/15/2019.] |
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Filing 3
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 1/24/2019 at 02:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 1/10/2019. Signed by Magistrate Judge Erin Wilder-Doomes on 11/20/2018. (BLR) [Transferred from Louisiana Middle on 2/15/2019.]
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| Case Reassigned to Judge John W. deGravelles. Chief Judge Shelly D. Dick no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EDC) [Transferred from Louisiana Middle on 2/15/2019.] |
| Filing 2 Summons Issued as to Five S Industrial, LLC, Five Star Industrial, LLC, J. Lawton Company, LLC, William B. Lawton Family Limited Partnership. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (Attachments: #1 summons, #2 summons, #3 summons)(EDC) [Transferred from Louisiana Middle on 2/15/2019.] |
| Filing 1 COMPLAINT for Declaratory Judgment Pursuant to 28 USC 2201 against All Defendants ( Filing fee $ 400 receipt number ALAMDC-1862558.), filed by Employers Mutual Casualty Company. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Exhibit A Petition, #7 Exhibit B EMC Policy, #8 Exhibit C EMC Policy, #9 Exhibit D EMC Policy, #10 Exhibit E EMC Policy, #11 Exhibit F EMC Policy, #12 Exhibit G EMC Policy)(Bearden, Joseph) (Attachments 2-5 replaced on 11/16/2018) (EDC). Modified on 11/16/2018 to flatten pages. (EDC). Modified on 1/3/2019 to replace as per rec doc 25 (KAH). [Transferred from Louisiana Middle on 2/15/2019.] |
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