McKinney Salvage, LLC v. Rigid Constructors, LLC
| McKinney Salvage L L C |
| Rigid Constructors L L C, Mitsui Sumitomo Insurance U S A Inc, U S Specialty Insurance Co, Continental Underwriters Ltd L L C, Subscribing Underwriters at Lloyds London and Certain Underwriters at Lloyds London |
| Mitsui Sumitomo Marine Management U S A Inc |
| 2:2024cv00111 |
| January 26, 2024 |
| US District Court for the Western District of Louisiana |
| Marine |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 26, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 42 DISTRICT CASE transferred in from District of Louisiana Eastern; Case Number 2:23-cv-05129. Original file copy of transfer order and docket sheet received |
Filing 41
ORDER AND REASONS - Before the Court is a Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) or, Alternatively, Motion to Transfer (Rec. Doc. 11) filed by Defendant and Cross-Claim Defendant, Certain Underwriters at Lloyd's. IT IS HEREBY ORDERED that the Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) or, Alternatively, Motion to Transfer (Rec. Doc. #11 ) is GRANTED. This case is transferred to the United States District Court for the Western District of Louisiana. Signed by Judge Carl J Barbier on 1/26/24.(cg) [Transferred from Louisiana Eastern on 1/26/2024.]
|
| Filing 40 *DEFICIENT* EXPARTE/CONSENT MOTION for Leave to File Second Amended and Restated Complaint by McKinney Salvage, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading Second Amended and Restated Complaint)(Mouledoux, Andre) Modified on 1/23/2024 (cg). [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 39 Statement of Corporate Disclosure by U.S. Specialty Insurance Company identifying Corporate Parent Tokio Marine & Nichido Fire Insurance Co., Ltd., Corporate Parent Houston Casualty Company, Corporate Parent HCC Insurance Holdings, Inc., Corporate Parent Tokio Marine Holdings, Inc., Corporate Parent Illium, Inc. for U.S. Specialty Insurance Company (Pennison, Christopher) [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 38 REPLY to Response to Motion filed by Mitsui Sumitomo Insurance USA, Inc., Mitsui Sumitomo Marine Management USA Inc re #34 Cross MOTION to Dismiss for Failure to State a Claim Pursuant to Federal Rule of Civil Procedure 12(B)(6) . (Simon, Mandy) [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 37 REPLY to Response to Motion filed by U.S. Specialty Insurance Company re #15 MOTION to Dismiss for Failure to State a Claim Under Rule 12(b)(6) As Authorized by New LR 7.5 Effective January 1, 2024. (Pennison, Christopher) [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 36 RESPONSE/MEMORANDUM in Opposition filed by McKinney Salvage, LLC re #34 Cross MOTION to Dismiss for Failure to State a Claim Pursuant to Federal Rule of Civil Procedure 12(B)(6) . (Mouledoux, Andre) [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 35 RESPONSE/MEMORANDUM in Opposition filed by Rigid Constructors, LLC re #34 Cross MOTION to Dismiss for Failure to State a Claim Pursuant to Federal Rule of Civil Procedure 12(B)(6) . (Breaud, Alan) [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 34 Cross MOTION to Dismiss for Failure to State a Claim Pursuant to Federal Rule of Civil Procedure 12(B)(6) by Mitsui Sumitomo Insurance USA, Inc., Mitsui Sumitomo Marine Management USA Inc. Motion(s) will be submitted on 1/10/2024. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Simon, Mandy) [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 33 RESPONSE/MEMORANDUM in Opposition filed by McKinney Salvage, LLC re #15 MOTION to Dismiss for Failure to State a Claim Under Rule 12(b)(6) . (Mouledoux, Andre) [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 32 RESPONSE/MEMORANDUM in Opposition filed by Rigid Constructors, LLC re #15 MOTION to Dismiss for Failure to State a Claim Under Rule 12(b)(6) . (Breaud, Alan) [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 31 REPLY to Response to Motion filed by McKinney Salvage, LLC re #26 EXPARTE/CONSENT Motion for Leave to File Reply. (cg) [Transferred from Louisiana Eastern on 1/26/2024.] |
|
Filing 30
ORDER granting #27 Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 12/14/23. (cg) [Transferred from Louisiana Eastern on 1/26/2024.]
|
| Filing 29 REPLY to Response to Motion filed by Certain Underwriters at Lloyds London re #11 MOTION to Dismiss for Failure to State a Claim or, Alternatively, Motion to Transfer. (Attachments: #1 Exhibit A)(cg) [Transferred from Louisiana Eastern on 1/26/2024.] |
|
Filing 28
ORDER granting #26 Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 12/12/23. (cg) [Transferred from Louisiana Eastern on 1/26/2024.]
|
| Filing 27 EXPARTE/CONSENT MOTION for Leave to File by McKinney Salvage, LLC. (Attachments: #1 Proposed Pleading McKinney Salvage, LLC Memorandum in Opposition to Defendant Underwriters at Lloyd's Ex Parte Motion for Leave to File Reply Memorandum, #2 Proposed Order)(Mouledoux, Andre) [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 26 EXPARTE/CONSENT Motion for Leave to File Reply filed by Subscribing Underwriters at Lloyd's, London re #11 MOTION to Dismiss for Failure to State a Claim or, Alternatively, Motion to Transfer . (Attachments: #1 Proposed Pleading, #2 Exhibit A, #3 Proposed Order)(Donewar, Blake) Modified event and text on 12/12/2023 (cg). [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 25 RESPONSE/MEMORANDUM in Opposition filed by Rigid Constructors, LLC re #11 MOTION to Dismiss for Failure to State a Claim or, Alternatively, Motion to Transfer . (Breaud, Alan) [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 24 RESPONSE/MEMORANDUM in Opposition filed by McKinney Salvage, LLC re #11 MOTION to Dismiss for Failure to State a Claim or, Alternatively, Motion to Transfer . (Mouledoux, Andre) [Transferred from Louisiana Eastern on 1/26/2024.] |
|
Filing 23
ORDER granting #21 Motion to Appear Pro Hac Vice as to Guerric Russell for Defendants, Mitsui Sumitomo Insurance USA, Inc. and Mitsui Sumitomo Marine Management. Signed by Judge Carl J Barbier on 11/21/23. (cg) [Transferred from Louisiana Eastern on 1/26/2024.]
|
|
Filing 22
ORDER granting #20 Motion to Appear Pro Hac Vice as to John A.V. Nicoletti for Defendants, Mitsui Sumitomo Insurance USA, Inc. and Mitsui Sumitomo Marine Management. Signed by Judge Carl J Barbier on 11/21/23. (cg) [Transferred from Louisiana Eastern on 1/26/2024.]
|
| Filing 21 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Guerric S.D.L. Russell (Fee previously paid) by Mitsui Sumitomo Insurance USA, Inc., Mitsui Sumitomo Marine Management USA Inc. (Attachments: #1 Affidavit, #2 Exhibit, #3 Proposed Order)(Simon, Mandy) (Additional attachment(s) added on 11/21/2023: #4 ECF Form) (cg). [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 20 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice John A.V. Nicoletti (Fee previously paid) by Mitsui Sumitomo Insurance USA, Inc., Mitsui Sumitomo Marine Management USA Inc. (Attachments: #1 Affidavit, #2 Exhibit, #3 Proposed Order)(Simon, Mandy) (Additional attachment(s) added on 11/21/2023: #4 ECF Form) (cg). [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 19 *FILED IN ERROR-SEE REC.DOC.21* EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Guerric S.D.L. Russell (Fee previously paid) by Mitsui Sumitomo Insurance USA, Inc., Mitsui Sumitomo Marine Management USA Inc, U.S. Specialty Insurance Company. (Attachments: #1 Affidavit, #2 Exhibit, #3 Proposed Order)(Simon, Mandy) Modified on 11/21/2023 (cg). [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 18 *FILED IN ERROR-SEE REC.DOC.20* EXPARTE/CONSENT MOTION to Appear Pro Hac Vice John A.V. Nicoletti (Fee previously paid) by Mitsui Sumitomo Insurance USA, Inc., Mitsui Sumitomo Marine Management USA Inc, U.S. Specialty Insurance Company. (Attachments: #1 Affidavit, #2 Exhibit, #3 Proposed Order)Attorney Mandy A. Simon added to party U.S. Specialty Insurance Company(pty:dft).(Simon, Mandy) Modified on 11/21/2023 (cg). [Transferred from Louisiana Eastern on 1/26/2024.] |
|
Filing 17
ORDER - Considering the forgoing Consent Motion for Extension (Rec. Doc. #16 ) by Plaintiff, McKinney Salvage, LLC, it is ordered that, and the submission date on the Rule 12(b)(6) Motion to Dismiss or Alternatively, Motion to Transfer (Rec. Doc #11 ) filed by Certain Underwriters at Lloyd's is hereby extended to December 13, 2023. Signed by Judge Carl J Barbier on 11/16/23.(gec) [Transferred from Louisiana Eastern on 1/26/2024.]
|
| Filing 16 EXPARTE/CONSENT MOTION to Continue Submission Date on Rule 12(B)(6) Motion by Certain Underwriters at Lloyd's to December 13, 2023 by McKinney Salvage, LLC. (Attachments: #1 Proposed Order)(Mouledoux, Andre) Modified referral on 11/15/2023 (cg). [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 15 MOTION to Dismiss for Failure to State a Claim Under Rule 12(b)(6) by U.S. Specialty Insurance Company. Motion(s) will be submitted on 1/10/2024. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)Attorney Christopher Raymond Pennison added to party U.S. Specialty Insurance Company(pty:dft).(Pennison, Christopher) [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 14 *DEFICIENT* EXPARTE/CONSENT MOTION to Appear Pro Hac Vice John A.V. Nicoletti (Fee previously paid) by Mitsui Sumitomo Insurance USA, Inc., Mitsui Sumitomo Marine Management USA Inc. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing, #3 Consent to E-Filing)(Simon, Mandy) Modified on 11/13/2023 (cg). [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 13 *DEFICIENT* EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Guerric S.D.L. Russell (Filing fee $ 100 receipt number ALAEDC-10265676) by Mitsui Sumitomo Insurance USA, Inc., Mitsui Sumitomo Marine Management USA Inc. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing, #3 Consent to E-Filing)(Simon, Mandy) Modified on 11/13/2023 (cg). [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 12 *FILED IN ERROR-SEE R.DOC. 14* EXPARTE/CONSENT MOTION to Appear Pro Hac Vice John A.V. Nicoletti (Filing fee $ 100 receipt number ALAEDC-10265566) by Mitsui Sumitomo Insurance USA, Inc., Mitsui Sumitomo Marine Management USA Inc. (Attachments: #1 Certificate of Good Standing, #2 Consent to E-Filing)(Simon, Mandy) Modified on 11/13/2023 (cg). [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 11 MOTION to Dismiss for Failure to State a Claim or, Alternatively, Motion to Transfer by Certain Underwriters at Lloyds London. Motion(s) will be submitted on 11/29/2023. (Attachments: #1 Memorandum in Support Memorandum in Support of Motion to Dismiss, #2 Notice of Submission Notice of Submission)(Donewar, Blake) [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 10 ANSWER to #1 Complaint, #3 Amended Complaint, with Jury Demand, CROSSCLAIM with Jury Demand against Subscribing Underwriters at Lloyd's, London, U.S. Specialty Insurance Company, Mitsui Sumitomo Insurance USA, Inc., Mitsui Sumitomo Marine Management USA, Inc., by Rigid Constructors, LLC.Attorney Alan K. Breaud added to party Rigid Constructors, LLC(pty:dft).(Breaud, Alan) [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 9 Correction of Docket Entry by Clerk re #8 Answer to Amended Complaint. Document lists counsel of record for a party in this action who have not been admitted to practice in this court. Any party not appearing in proper person must be represented by a member of the bar of this court (L.R. 83.2.4). Please see Local Rule 83.2.2 for this court's Procedures for Admission and Local Rule 83.2.5 for Visiting Attorneys to appear and participate Pro Hac Vice. Future filings which list attorneys not admitted pursuant to LR 83.2.2 or 83.2.5 will not be accepted. (cg) [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 8 ANSWER to #3 Amended Complaint, by Mitsui Sumitomo Insurance (USA), Inc., Mitsui Sumitomo Marine Management (USA), Inc. Attorney Mandy A. Simon added to party Mitsui Sumitomo Insurance (USA), Inc.(pty:dft), Attorney Mandy A. Simon added to party Mitsui Sumitomo Marine Management (USA), Inc.(pty:dft).(Simon, Mandy) [Transferred from Louisiana Eastern on 1/26/2024.] |
|
Filing 7
ORDER granting #6 Motion for Extension of Time to Answer #1 Complaint as to Certain Underwriters at Lloyd's London; answer due 11/2/2023. Signed by Judge Carl J Barbier. (gec) [Transferred from Louisiana Eastern on 1/26/2024.]
|
| Filing 6 EXPARTE/CONSENT MOTION for Extension of Time to Answer by Subscribing Underwriters at Lloyd's, London. (Attachments: #1 Proposed Order)Attorney Blake C. Donewar added to party Subscribing Underwriters at Lloyd's, London(pty:dft).(Donewar, Blake) [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 5 Summons Issued as to Continental Underwriters Ltd., LLC, Mitsui Sumitomo Insurance (USA), Inc., Mitsui Sumitomo Marine Management (USA), Inc., Subscribing Underwriters at Lloyd's, London, U.S. Specialty Insurance Company. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(mmm) [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 4 Correction of Docket Entry by Clerk re #3 Amended Complaint. *ERROR* Filing attorney did not properly format the pdf of Summons. ***IMPORTANT: When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk has taken corrective action. (mmm) [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 3 AMENDED COMPLAINT and Restated against Rigid Constructors, LLC, Mitsui Sumitomo Marine Management (USA), Inc., Mitsui Sumitomo Insurance (USA), Inc., U.S. Specialty Insurance Company, Continental Underwriters Ltd., LLC, Subscribing Underwriters at Lloyd's, London filed by McKinney Salvage, LLC. (Attachments: #1 Exhibit "A" Salvage Agreement Dated July 14, 2022, #2 Exhibit "B" Invoice Summary, #3 Exhibit "C" Email Confirming Guarantee by Underwriters to Pay McKinney, #4 Summons to Continental Underwriters Ltd., LLC, #5 Summons to Mitsui Sumitomo Insurance (USA), Inc., #6 Summons to Mitsui Sumitomo Marine Management (USA), Inc., #7 Summons to Subscribing Underwriters at Lloyd's London, #8 Summons to U.S. Specialty Insurance Company)(Mouledoux, Andre) (Attachment 4 replaced on 9/13/2023) (mmm). (Attachment 5 replaced on 9/13/2023) (mmm). (Attachment 6 replaced on 9/13/2023) (mmm). (Attachment 7 replaced on 9/13/2023) (mmm). (Attachment 8 replaced on 9/13/2023) (mmm). [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 2 Initial Case Assignment to Judge Carl J Barbier and Magistrate Judge Michael North. (sek) [Transferred from Louisiana Eastern on 1/26/2024.] |
| Filing 1 COMPLAINT against Rigid Constructors, LLC (Filing fee $ 402 receipt number ALAEDC-10137970) filed by McKinney Salvage, LLC. SERVICE BY WAIVER (Attachments: #1 Civil Cover Sheet, #2 Exhibit "A" Salvage Agreement, #3 Exhibit "B" Invoice Summary, #4 Proposed Pleading Waiver of the Service of Summons)Attorney Andre J. Mouledoux added to party McKinney Salvage, LLC(pty:pla).(Mouledoux, Andre) (Attachment 1 replaced on 9/8/2023) (cg). (Attachment 4 replaced on 9/8/2023) (cg). Modified on 9/8/2023 (cg). [Transferred from Louisiana Eastern on 1/26/2024.] |
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.
