Toney et al v. Harbor Freight Tools USA, Inc.
| Michael Toney and Katrina Toney |
| Harbor Freight Tools USA, Inc. and Harbor Freight Tools U S A Inc |
| 2:2022cv01259 |
| May 10, 2022 |
| US District Court for the Western District of Louisiana |
| James D Cain |
| Kathleen Kay |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Non-Motor Vehicle |
| None |
Docket Report
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This docket was last retrieved on August 18, 2022. A more recent docket listing may be available from PACER.
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| Filing 13 MOTION to Amend/Correct #11 MOTION to Reopen/Reinstate Case MOTION to Amend/Correct with opposition with consent by Katrina Toney, Michael Toney. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 7/8/2022. (aty,Norman, Joseph) |
| Filing 12 NOTICE of Deficiency to Joseph P Norman on behalf of Katrina Toney, Michael Toney regarding #11 MOTION to Reopen/Reinstate Case MOTION to Amend/Correct with opposition . Reason: You do not indicate whether opposing counsel consent to the granting of this ex parte motion. Please refer to LR7.4.1, 7.6, or 7.9 for specific instructions regarding statements of consent. The motion cannot be referred to chambers until this deficiency is corrected. (crt,Chavis, J) |
| Filing 11 DEFICIENT ? MOTION to Reopen/Reinstate Case , MOTION to Amend/Correct with opposition (Motion Ripe Deadline set for 7/7/2022.) by Katrina Toney, Michael Toney. Motions referred to Kathleen Kay. (Attachments: #1 Text of proposed order, #2 Memorandum / Brief, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 D, #7 Proposed pleading)(aty,Norman, Joseph) Modified to indicate deficiency on 7/7/2022 (Chavis, J). |
Filing 10
JUDGMENT, IT IS ORDERED, ADJUDGED, and DECREED that the #5 Motion to Dismiss be GRANTED and that plaintiffs claims be DISMISSED without prejudice to their right to amend the complaint within two weeks and assert any facts supporting proper venue in the Fourteenth Judicial District Court or any basis for tolling the prescriptive period. If plaintiffs fail to file a motion to reopen and amend within that time, the claims will be regarded as dismissed with prejudice. Signed by Judge James D Cain, Jr on 6/24/2022. (crt,Jones, P)
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| Filing 9 MEMORANDUM RULING GRANTING #5 MOTION to Dismiss Plaintiffs' Claims Pursuant to Rule 12(b)(6) filed by Harbor Freight Tools U S A Inc. Signed by Judge James D Cain, Jr on 6/24/2022. (crt,Jones, P) |
| Filing 8 RESPONSE TO REMOVAL ORDER by Harbor Freight Tools U S A Inc . (aty,Landry, Robert) |
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Filing 7
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Kathleen Kay on 5/17/2022. (crt,Bunting, M)
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| Filing 6 NOTICE of Motion Setting without oral argument regarding: #5 MOTION to Dismiss Plaintiffs' Claims Pursuant to Rule 12(b)(6). Motions referred to Judge James D Cain, Jr. Motion day set for 6/29/2022 before Judge James D Cain Jr. (crt,Chavis, J) |
| Filing 5 MOTION to Dismiss Plaintiffs' Claims Pursuant to Rule 12(b)(6) by Harbor Freight Tools U S A Inc. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Landry, Robert) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Harbor Freight Tools U S A Inc identifying Corporate Parent H F T Holdings Inc for Harbor Freight Tools U S A Inc. (aty,Landry, Robert) |
| Filing 3 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Kathleen Kay. Motion Ripe Deadline set for 5/10/2022. (crt,Chavis, J) |
| Filing 2 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal,, sent to Robert E Landry on behalf of Harbor Freight Tools U S A Inc. Corporate Disclosure Statement due by 5/24/2022. (crt,Chavis, J) |
| STATE COURT COMPLAINT against Harbor Freight Tools U S A Inc filed by Michael Toney, Katrina Toney (14th JDC, Parish of Calcasieu, 2022-1275, filed 03/31/2022). ADMINISTRATIVE ENTRY: The PDF image can be found in Attachment #3 Exhibit B to Document #1 , Notice of Removal.(crt,Chavis, J) |
| STATE COURT Service Returned Executed. Harbor Freight Tools U S A Inc answer due 5/17/2022. (14th JDC, Parish of Calcasieu, 2022-1275, filed 03/31/2022). ADMINISTRATIVE ENTRY: The PDF image can be found in Attachment #2 Exhibit A to Document #1 , Notice of Removal. |
| CASE Assigned to Judge James D Cain, Jr and Magistrate Judge Kathleen Kay. (crt,Chavis, J) |
| Filing 1 NOTICE of Removal from 14th Judicial District Court, Case Number 2022-001275 E (Filing fee $402, receipt number ALAWDC-5099491) filed by Harbor Freight Tools USA, Inc.. (Attachments: #1 Civil cover sheet, #2 Exhibit A, #3 Exhibit B)(Attorney Robert E Landry added to party Harbor Freight Tools USA, Inc.(pty:dft))(aty,Landry, Robert) |
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