Nelson v. Penn National Gaming Inc et al
| Billy Nelson |
| L'Auberge du Lac Hotel & Casino, Pinnacle M L S L L C, Pinnacle Entertainment Inc, John Doe, Cigna Insurance Co, P N K (Lake Charles) L L C d/b/a L'Auberge Casino, Conduent, Penn National Gaming Inc and P N K (Lake Charles) L L C Incorrectly named as Pinnacle Entertainment and alternatively L'Auberge Du Lac Hotel & Casino doing business as L'Auberge du Lac Hotel & Casino |
| 2:2020cv01350 |
| October 16, 2020 |
| US District Court for the Western District of Louisiana |
| James D Cain |
| Carol B Whitehurst |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 12, 2020. A more recent docket listing may be available from PACER.
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| Filing 42 JUDGMENT granting #38 Joint/Voluntary Motion to Dismiss without prejudice to refile, with each part to bear its own costs. Signed by Judge James D Cain, Jr on 11/12/2020. (crt,Benoit, T) |
Filing 41
ORDER granting #40 Motion to Substitute Attorney. Attorney Dennis L Brown terminated. Signed by Magistrate Judge Carol B Whitehurst on 11/10/2020. (crt,Crick, S)
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| Filing 40 MOTION to Substitute Attorney Charles Wheat in place of Dennis Brown with consent by Billy Nelson. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 11/9/2020. (Attachments: #1 Proposed order)(aty,Wheat, Charles) Modified on 11/9/2020 to modify docket text. (Crick, S). |
| Filing 39 NOTICE of Deficiency to Charles Douglas Wheat on behalf of Billy Nelson regarding #38 JOINT/VOLUNTARY MOTION to Dismiss . Reason: This party is already represented by other counsel. Please refer to provisions under LR83.2.12 regarding appearance of other counsel to ensure compliance with this rule. (crt,Crick, S) |
| Set/Reset Deadlines as to #38 JOINT MOTION to Dismiss . Motion Ripe Deadline set for 11/10/2020. (crt,Crick, S) |
| Filing 38 JOINT MOTION to Dismiss by Billy Nelson, P N K (Lake Charles) L L C. Motion Ripe Deadline set for 11/5/2020. (Attachments: #1 Proposed order)(Attorney Charles Douglas Wheat added to party Billy Nelson(pty:pla))(aty,Wheat, Charles) Modified on 11/6/2020 to modify docket text and indicate deficient status. (Crick, S). Modified on 11/10/2020 to remove deficient status. See #41 Order substituting Charles Wheat for Dennis Brown as plaintiff's counsel.(Crick, S). |
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Filing 37
ORDER granting #33 Motion to Substitute Attorney. Added attorney Thomas J Solari for P N K (Lake Charles) L L C. Attorney Kevin Patrick Riley terminated for P N K (Lake Charles) L L C. Signed by Magistrate Judge Carol B Whitehurst on 10/27/2020. (crt,Chicola, C)
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Filing 36
TRANSFER ORDER regarding admission status of counsel. Signed by Magistrate Judge Carol B Whitehurst on 10/27/2020. (crt,Chicola, C)
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Filing 35
ORDER OF RECUSAL. Magistrate Judge Kathleen Kay recused. Signed by Magistrate Judge Kathleen Kay on 10/26/2020. (crt,Crick, S)
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| CASE Reassigned to Magistrate Judge Carol B Whitehurst. Motions referred to Magistrate Judge Carol B Whitehurst. (crt,Crick, S) |
| Filing 34 PROPOSED ORDER/JUDGMENT re #33 Motion to Substitute Attorney by P N K (Lake Charles) L L C. (aty,Solari, Thomas) Modified on 10/23/2020 to modify docket text (Miletello, A). |
| Filing 33 MOTION to Substitute Attorney Thomas J. Solari in place of Kevin P. Riley with consent by P N K (Lake Charles) L L C. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 10/23/2020. (Attorney Thomas J Solari added to party P N K (Lake Charles) L L C(pty:dft))(aty,Solari, Thomas) |
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Filing 32
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Kathleen Kay on 10/22/2020. (crt,LaCombe, L)
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| Filing 31 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Kathleen Kay. Motion Ripe Deadline set for 10/21/2020. (crt,Mitchell, P) |
| Filing 30 PROPOSED TRANSFER ORDER Referred to Magistrate Judge Kathleen Kay. Motion Ripe Deadline set for 10/21/2020. (crt,Mitchell, P) |
| CASE Assigned to Judge James D Cain, Jr and Magistrate Judge Kathleen Kay. (crt,Mitchell, P) |
| Filing 29 DISTRICT CASE transferred in from District of Texas Southern; Case Number 3:20-cv-00133. Original file copy of transfer order and docket sheet received |
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Filing 28
ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: #26 Memorandum and Recommendations (Signed by Judge Jeffrey V Brown) Parties notified.(ltrevino, 3) [Transferred from Texas Southern on 10/19/2020.]
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| Interdistrict transfer to Western District of Louisiana Lake Charles, LA. Case transferred electronically. Case terminated on 10/16/2020, filed. (ltrevino, 3) [Transferred from Texas Southern on 10/19/2020.] |
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Filing 27
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATIONS re: #25 Memorandum and Recommendations, denied #9 MOTION to Remand (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) [Transferred from Texas Southern on 10/19/2020.]
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| Filing 26 MEMORANDUM AND RECOMMENDATION entered. The Court recommends that the Motion to Dismiss [Dkt. 12] be GRANTED. Objections to M&R due by 10/14/2020. (Signed by Magistrate Judge Andrew M Edison) Parties notified. (wbostic, 4) [Transferred from Texas Southern on 10/19/2020.] |
| Filing 25 MEMORANDUM AND RECOMMENDATION entered. The Court RECOMMENDS that the Motion to Remand [Dkt. 9] be DENIED. Objections to M&R due by 10/9/2020. (Signed by Magistrate Judge Andrew M Edison) Parties notified. (wbostic, 4) [Transferred from Texas Southern on 10/19/2020.] |
| Minute entry for proceedings before Magistrate Judge Andrew M. Edison. Motion Hearing held on September 24, 2020 as to [Dkt. 9] Motion to Remand and [Dkt. 12] Motion to Dismiss. The court heard oral argument from the parties and the motions are taken under advisement. Appearances: Dennis Brown for the plaintiff and Andrew Joseph Mihalick for the defendants. (Court Reporter: L. Wells), filed. (wbostic, 4) [Transferred from Texas Southern on 10/19/2020.] |
| Filing 24 CORPORATE DISCLOSURE STATEMENT by PNK (Lake Charles) LLC identifying Penn National Gaming, Inc. as Corporate Parent, filed.(Mihalick, Andrew) [Transferred from Texas Southern on 10/19/2020.] |
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Filing 23
ORDER. (Information regarding defendants due by 5 p.m. 9/21/2020)(Signed by Magistrate Judge Andrew M Edison) Parties notified.(ltrevino, 3) [Transferred from Texas Southern on 10/19/2020.]
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| Filing 22 NOTICE of Setting re: #12 MOTION to Dismiss for Lack of Personal Jurisdiction or in the Alternative to Transfer. Parties notified. Motion Hearing set for 9/24/2020 at 02:00 PM by video before Magistrate Judge Andrew M Edison, filed. (wbostic, 4) [Transferred from Texas Southern on 10/19/2020.] |
| Filing 21 NOTICE of Setting re: #9 MOTION to Remand. Parties notified. Motion Hearing set for 9/24/2020 at 02:00 PM by video before Magistrate Judge Andrew M Edison, filed. (wbostic, 4) [Transferred from Texas Southern on 10/19/2020.] |
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Filing 20
ORDER REFERRING CASE to Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(agould, 3) [Transferred from Texas Southern on 10/19/2020.]
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| Filing 19 REPLY to Response to #12 MOTION to Dismiss for Lack of Personal Jurisdiction or in the Alternative to Transfer, filed by PNK (Lake Charles) LLC, Penn National Gaming, Inc., Pinnacle Entertainment, Inc.. (Attachments: #1 Exhibit)(Mihalick, Andrew) [Transferred from Texas Southern on 10/19/2020.] |
| Filing 18 RESPONSE to #12 MOTION to Dismiss for Lack of Personal Jurisdiction or in the Alternative to Transfer filed by Billy Nelson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Brown, Dennis) [Transferred from Texas Southern on 10/19/2020.] |
| Filing 17 CERTIFICATE of Conference re: #12 MOTION to Dismiss for Lack of Personal Jurisdiction or in the Alternative to Transfer by PNK (Lake Charles) LLC, Penn National Gaming, Inc., Pinnacle Entertainment, Inc., filed. (Attachments: #1 Exhibit)(Mihalick, Andrew) [Transferred from Texas Southern on 10/19/2020.] |
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Filing 16
DOCKET CONTROL ORDER.. Pltf Expert Witness List due by 4/23/2021. Pltf Expert Report due by 4/23/2021. Deft Expert Witness List due by 5/21/2021. Deft Expert Report due by 5/21/2021. Discovery due by 7/23/2021. Dispositive Motion Filing due by 7/30/2021. All Other Pretrial Motion due by 9/13/2021. Exchange Pretrial Materials by 10/29/2021. Docket Call set for 11/5/2021 at 09:30 AM on the Sixth Floor Courtroom Galveston, TX before Judge Jeffrey V Brown. Jury(Signed by Magistrate Judge Andrew M Edison) Parties notified.(ltrevino, 3) [Transferred from Texas Southern on 10/19/2020.]
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| Minute entry for proceedings before Magistrate Judge Andrew M. Edison. Initial conference held on August 19, 2020. The court and parties conferred and the court set out a schedule for the case. The scheduling order will be entered separately. Appearances: Dennis L Brown and Andrew Joseph Mihalick. (Court Reporter: L. Wells), filed. (wbostic, 4) [Transferred from Texas Southern on 10/19/2020.] |
| Filing 15 JOINT DISCOVERY/CASE MANAGEMENT PLAN by PNK (Lake Charles) LLC, Penn National Gaming, Inc., Pinnacle Entertainment, Inc., filed.(Mihalick, Andrew) [Transferred from Texas Southern on 10/19/2020.] |
| Filing 14 CERTIFICATE OF INTERESTED PARTIES by Penn National Gaming, Inc., Pinnacle Entertainment, Inc., filed.(Mihalick, Andrew) [Transferred from Texas Southern on 10/19/2020.] |
| Filing 13 NOTICE of Consent to Removal re: #11 Response to Motion by Penn National Gaming, Inc., filed. (Attachments: #1 Exhibit)(Mihalick, Andrew) [Transferred from Texas Southern on 10/19/2020.] |
| Filing 12 MOTION to Dismiss for Lack of Personal Jurisdiction or in the Alternative to Transfer by PNK (Lake Charles) LLC, filed. Motion Docket Date 8/27/2020. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Mihalick, Andrew) [Transferred from Texas Southern on 10/19/2020.] |
| Filing 11 RESPONSE to #9 MOTION to Remand filed by PNK (Lake Charles) LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order)(Mihalick, Andrew) [Transferred from Texas Southern on 10/19/2020.] |
| Filing 10 MOTION for Oral Hearing re: #9 MOTION to Remand by Billy Nelson, filed. Motion Docket Date 8/24/2020. (Brown, Dennis) [Transferred from Texas Southern on 10/19/2020.] |
| Filing 9 MOTION to Remand by Billy Nelson, filed. Motion Docket Date 8/5/2020. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order)(Brown, Dennis) [Transferred from Texas Southern on 10/19/2020.] |
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Filing 8
ORDER regarding #6 Request for Pre-Motion Conference.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) [Transferred from Texas Southern on 10/19/2020.]
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Filing 7
ORDER regarding appearance by ZOOM videoconference at Initial Scheduling Conference. Joint Discovery/Case Management Plan due by 8/12/2020. (Signed by Magistrate Judge Andrew M Edison) Parties notified.(JessicaVillarreal, 3) [Transferred from Texas Southern on 10/19/2020.]
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| Filing 6 REQUEST for pre-motion conference, filed.(Brown, Dennis) [Transferred from Texas Southern on 10/19/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PARTIES by PNK (Lake Charles) LLC, filed.(Riley, Kevin) [Transferred from Texas Southern on 10/19/2020.] |
| Filing 4 NOTICE Certificate of Service in Removed Action by L'Auberge Du Lac Hotel & Casino, PNK (Lake Charles) LLC, Penn National Gaming, Inc., Pinnacle Entertainment, Inc., filed. (Riley, Kevin) [Transferred from Texas Southern on 10/19/2020.] |
| Filing 3 CERTIFICATE OF INTERESTED PARTIES by Billy Nelson, filed.(Brown, Dennis) [Transferred from Texas Southern on 10/19/2020.] |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/19/2020 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(agould, 3) [Transferred from Texas Southern on 10/19/2020.]
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| Filing 1 NOTICE OF REMOVAL from 405th Galveston County District Court, case number 20-CV-0452 (Filing fee $ 400 receipt number 0541-24596765) filed by PNK (Lake Charles) LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Riley, Kevin) [Transferred from Texas Southern on 10/19/2020.] |
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