Bowling v. Brown et al
| Candyce Bowling |
| Marcus Brown, Southern Refrigerated Transport Inc and I Q S Insurance Risk Retention Group Inc |
| MedPort LA L L C |
| 5:2021cv02346 |
| August 4, 2021 |
| US District Court for the Western District of Louisiana |
| Elizabeth E Foote |
| Mark L Hornsby |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on September 22, 2021. A more recent docket listing may be available from PACER.
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Filing 37
PROTECTIVE ORDER granting #36 Motion for Protective Order. See Protective Order for details regarding new paragraph 6.1. Leave of court, which is rarely granted, must first be sought before any documents or information is filed under seal. Signed by Magistrate Judge Mark L Hornsby on 9/22/2021. (crt,Keller, J)
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Motions Transferred regarding #36 Motion for Protective Order. Motions referred to Magistrate Judge Mark L Hornsby. (crt,Bunting, M)
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Filing 36
JOINT MOTION for Protective Order by MedPort LA L L C, Marcus Brown, Southern Refrigerated Transport Inc, I Q S Insurance Risk Retention Group Inc . (Attachments: #1 Proposed Protective Order, #2 Proposed Order)(aty,Luminais, Ryan) Modified event and docket text on 9/21/2021 (Bunting, M).
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Filing 35
NOTICE of Deficiency to Ryan O'Neil Luminais on behalf of MedPort LA L L C regarding #34 MOTION for Protective Order. Reason: This document does not have a proper caption. Please refer to Fed.R.Civ.P. 10(a) regarding captions to ensure compliance. (This is not a consolidated case). (crt,Jones, P)
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Filing 34
DOCUMENT RESUBMITTED IN ITS ENTIRETY - MOTION for Protective Order by MedPort LA L L C, Marcus Brown, Southern Refrigerated Transport Inc, I Q S Insurance Risk Retention Group Inc. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 9/16/2021. (Attachments: #1 Exhibit 1 - Protective Order, #2 Proposed order)(aty,Luminais, Ryan) Modified on 9/17/2021 to indicate deficiency (Jones, P). Modified to reflect resubmitted on 9/21/2021 (Bunting, M).
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Filing 33
ORDER denying #27 Motion for Reconsideration re #25 Order on Motion to Compel; denying #31 Motion to Stay; denying #31 Motion for Reconsideration re #25 Order on Motion to Compel; granting #32 Motion to Expedite. Considering the impact that Hurricane Ida has had on South Louisiana, the deadline for MedPort to comply with the Magistrate Judges order is extended to 9/21/2021. Signed by Judge Elizabeth E Foote on 9/7/2021. (crt,Bunting, M)
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Set/Reset Deadlines: MedPort to comply with the Magistrate Judges #25 Memorandum Order is extended to 9/21/2021. See Order #33 . (crt,Bunting, M)
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Motions Transferred regarding #31 MOTION to Stay re #25 Order on Motion to Compel, MOTION for Reconsideration re #25 Order on Motion to Compel and #32 MOTION to Expedite consideration of #27 MOTION for Reconsideration re #25 Order on Motion to Compel . Motions referred to Judge Elizabeth E Foote. (crt,Keller, J)
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Filing 32
MOTION to Expedite consideration of #27 MOTION for Reconsideration re #25 Order on Motion to Compel,,,,,, by MedPort LA L L C. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 9/2/2021. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Luminais, Ryan)
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Filing 31
MOTION to Stay re #25 Order on Motion to Compel,,,,,, (Motion Ripe Deadline set for 9/2/2021.), MOTION for Reconsideration re #25 Order on Motion to Compel,,,,,, by MedPort LA L L C. Motions referred to Mark L Hornsby. (Attachments: #1 Memorandum / Brief, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed order)(aty,Luminais, Ryan)
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Filing 30
NOTICE of Motion Setting regarding: #27 MOTION for Reconsideration re #25 Order on Motion to Compel. Motions referred to Magistrate Judge Mark L Hornsby. (crt,Bunting, M)
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Filing 29
NOTICE of Deficiency to Ryan O'Neil Luminais on behalf of MedPort LA L L C regarding #26 MOTION to Stay re #25 Order on Motion to Compel, and Rule 72 Review/Appeal of Magistrate Judge's Order, #28 MOTION to Expedite consideration of #27 MOTION for Reconsideration re #25 Order on Motion to Compel, , #26 MOTION to Stay re #25 Order on Motion to Compel, and Rule 72 Review/Appeal of Magistrate Judge's Or. 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)
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Filing 28
DEFICIENT MOTION to Expedite consideration of #27 MOTION for Reconsideration re #25 Order on Motion to Compel, , #26 MOTION to Stay re #25 Order on Motion to Compel, and Rule 72 Review/Appeal of Magistrate Judge's Order by MedPort LA L L C. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 9/1/2021. (Attachments: #1 Memorandum / Brief)(aty,Luminais, Ryan) Modified to reflect deficient status on 9/2/2021 (Bunting, M). Modified on 9/3/2021 refiled in its entirety as Document #32 (Jones, P).
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Filing 27
MOTION for Reconsideration re #25 Order on Motion to Compel,,,,,, by MedPort LA L L C. Motions referred to Mark L Hornsby. (Attachments: #1 Memorandum / Brief, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(aty,Luminais, Ryan)
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Filing 26
DEFICIENT MOTION to Stay re #25 Order on Motion to Compel, and Rule 72 Review/Appeal of Magistrate Judge's Order by MedPort LA L L C. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 9/1/2021. (Attachments: #1 Memorandum / Brief, #2 Exhibit 1, #3 Exhibit 2)(aty,Luminais, Ryan) Modified to reflect deficient status on 9/2/2021 (Bunting, M). Modified on 9/3/2021 to indicate refiled in its entirety as Document #31 (Jones, P).
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Filing 25
MEMORANDUM ORDER granting in part and denying in part #1 Motion to Compel. MedPort is directed to comply with the subpoena (Doc. 1-4) as follows: Item 1: MedPort shall produce. Item 2: Limited to documents in MedPort's possession related to Plaintiff and/or Plaintiff's counsels retention of your service for the instant litigation. The rest of Item 2 is overbroad and not proportional to the needs of the case. Items 3-14: MedPort shall produce. Item 15: MedPort's objection is sustained. Item 16: MedPort's objections are sustained. Item 17: MedPort's objections are sustained. Item 18: This request is modified to remove any Louisiana litigation and replace that phrase with the name Candyce Bowling. Items 19-22: MedPort's objections are sustained. Item 23: MedPort shall produce. The information is subject to the following protective order: The information is deemed confidential and shall be labeled as such. Defendants shall use the documents produced only for the purpose of this litigation (and in no other litigation or proceeding), and disclosure shall be limited only to Defendants, their counsel, and others directly involved in the defense of this case (including experts and witnesses). A precondition of such disclosure is the execution of an agreement that acknowledges the confidentiality of the documents and agreement to maintain the documents in strict confidence. All requests for fees or expenses in connection with the motion are denied. The deadline for production is 14 days from the date of this order. See Memorandum Order for details. Signed by Magistrate Judge Mark L Hornsby on 8/18/2021. (crt,Keller, J)
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Filing 24
ORDER granting #21 Motion to Substitute Attorney. Added attorney James A Prather,Campbell Bowman Fetzer, Jr for Marcus Brown, I Q S Insurance Risk Retention Group Inc, Southern Refrigerated Transport Inc. Attorney Jared G Christensen terminated. Signed by Magistrate Judge Mark L Hornsby on 8/17/2021. (crt,Jones, P)
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Filing 23
ORDER granting #19 Motion to Withdraw and Substitute as Attorney. Added attorney James M Garner,Ryan O'Neil Luminais,Curtis James Case for MedPort LA L L C. Attorney Marisa Guarino Stearns terminated. Signed by Magistrate Judge Mark L Hornsby on 8/16/2021. (crt,Jones, P)
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Filing 21
MOTION to Substitute Attorney James A. Prather and C. Bowman Fetzer in place of Lucian Greco, Jr. and Jared G. Christensen with consent(Motion Ripe Deadline set for 8/16/2021.) by Marcus Brown, I Q S Insurance Risk Retention Group Inc, Southern Refrigerated Transport Inc. Motions referred to Mark L Hornsby. (Attachments: #1 Proposed order, #2 Certificate of Consent, #3 Certificate of Consent)(aty,Fetzer, Campbell) Modified on 8/16/2021 to edit text (Jones, P).
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Filing 20
CERTIFICATE re #19 Ex Parte MOTION to Withdraw as Attorney with consent and MOTION to Substitute Attorney in place of Marisa G. Stearns with consent by Ryan O'Neil Luminais on behalf of MedPort LA L L C, indicating CONSENT (aty,Luminais, Ryan)
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Filing 22
ORDER granting #18 Motion to Enroll as Counsel. Added as counsel James A Prather,Campbell Bowman Fetzer, Jr for Marcus Brown, I Q S Insurance Risk Retention Group Inc, Southern Refrigerated Transport Inc. Signed by Magistrate Judge Mark L Hornsby on 8/12/2021. (crt,Jones, P)
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Filing 19
Ex Parte MOTION to Withdraw as Attorney with consent and, MOTION to Substitute Attorney in place of Marisa G. Stearns with consent(Motion Ripe Deadline set for 8/12/2021.) by MedPort LA L L C. Motions referred to Mark L Hornsby. (Attachments: #1 Proposed order)(Attorney Ryan O'Neil Luminais added to party MedPort LA L L C(pty:res))(aty,Luminais, Ryan)
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Filing 18
MOTION for James A. Prather and C. Bowman Fetzer to Enroll as Counsel by Marcus Brown, I Q S Insurance Risk Retention Group Inc, Southern Refrigerated Transport Inc. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 8/12/2021. (Attachments: #1 Proposed order)(Attorney Campbell Bowman Fetzer, Jr added to party Marcus Brown, I Q S Insurance Risk Retention Group Inc, Southern Refrigerated Transport Inc(pty:dft))(aty,Fetzer, Campbell) Modified on 8/12/2021 to edit text (Jones, P).
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Filing 17
TRANSFER ORDER regarding admission status of counsel. Signed by Magistrate Judge Mark L Hornsby on 8/6/2021. (crt,Keller, J)
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Filing 16
ELECTRONIC MINUTE ENTRY: The parties are directed to deliver to chambers a paper copy of their briefs in connection with the Emergency Motion to Compel. Signed by Magistrate Judge Mark L Hornsby on 8/6/2021. (jud,Hornsby, Mark)
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Filing 15
PROPOSED TRANSFER ORDER Referred to Magistrate Judge Mark L Hornsby. Motion Ripe Deadline set for 8/5/2021. (crt,Reeves, T)
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Filing 14
DISTRICT CASE transferred in from District of Nevada; Case Number 2:21-cv-00960. Original file copy of transfer order and docket sheet received
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CASE Assigned to Judge Elizabeth E Foote and Magistrate Judge Mark L Hornsby. MOTION to Compel Production of Documents Responsive to Subpoena related to 5:20-cv-00504-EEF-MLH referred to Magistrate Judge Mark L Hornsby. (crt,Reeves, T)
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Set/Reset Deadlines as to #1 Motion to Compel Production of Documents Responsive to Subpoena. Motion Ripe Deadline set for 8/5/2021. (crt,Reeves, T)
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Filing 13
MINUTES OF PROCEEDINGS - Motion Hearing held on 8/4/2021 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: A. Reyes; Counsel for Interested Party - Medport LA, LLC: Marisa Guarino Stearns; Local Counsel: Jared Christensen; Def Counsel: Bowman Fetver; Court Reporter: FTR; Time of Hearing: 1:34 - 1:59 p.m.; Recording start and end times: 1:34:54 - 1:59:26; Courtroom: 4B; The Court makes preliminary remarks and hears representations of counsel as to Defendants' Emergency Motion to Compel Production of Documents Responsive to Subpoena or, Alternatively, Motion to Transfer Enforcement of Subpoena (ECF No. #1 ). IT IS HEREBY ORDERED that the Emergency Motion to Compel Production of Documents Responsive to Subpoena or, Alternatively, Motion to Transfer Enforcement of Subpoena (ECF No. 1) is GRANTED in part and DENIED in part.IT IS FURTHER ORDERED that the Motion to Compel is DENIED without prejudice. IT IS FURTHER ORDERED that the alternative Motion to Transfer Enforcement of Subpoena (ECF No. 1) is GRANTED. IT IS FURTHER ORDERDED that this matter is transferred to the U.S. District Court for the Western District of Louisiana in the pending matter of Candyce Bowling v. Marcus Brown, Southern Refrigerated Transport, Inc. et al.IT IS FURTHER ORDERED that the Clerk of Court shall transfer the Motion to the Western District of Louisiana and close the case in this district.The transcript of these proceedings will serve as the Court's Order. (Copies have been distributed pursuant to the NEF - ADR) [Transferred from Nevada on 8/5/2021.]
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Filing 12
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 7/29/2021. Before the Court is Defendants' Request to Have Louisiana Counsel Appear Telephonically for the Motion to Compel Hearing on August 4, 2021 (ECF No. 11). Defendants request that Louisiana counsel be permitted to participate and attend the hearing set for August 4, 2021 by video or telephone so that such counsel may be able to answer questions about the underlying case. Good cause appearing, IT IS HEREBY ORDERED that Defendants' Request to Have Louisiana Counsel Appear Telephonically for the Motion to Compel Hearing on August 4, 2021 (ECF No. 11) is GRANTED.IT IS FURTHER ORDERED that Defendants' Louisiana counsel shall appear telephonically at the hearing set for August 4, 2021 at 1:30 p.m. (Pacific Standard Time). Louisiana counsel is instructed to call the Audio Conference Line at (888) 251-2909, access code 7771745, five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line. (no image attached) (Copies have been distributed pursuant to the NEF - ES) [Transferred from Nevada on 8/5/2021.]
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Filing 11
MOTION for Leave to Appear Telephonically, Attorney Lucian J. Greco, Jr., Esq., by Defendants Marcus Brown, Southern Refrigerated Transport Inc., IQS Insurance Risk Retention Group Inc., Interested Party Medport LA, LLC. (Greco, Lucian) [Transferred from Nevada on 8/5/2021.]
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Filing 10
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 7/26/2021. By Judicial Assistant: E. Santiago.Re: Defendants' Emergency Motion to Compel Production of Documents Responsive to Subpoena or, Alternatively, Motion to Transfer Enforcement of Subpoena (ECF No. 1). Motion Hearing set for Wednesday, August 4, 2021 at 1:30 pm in LV Courtroom 4B before Magistrate Judge Elayna J. Youchah. (no image attached) (Copies have been distributed pursuant to the NEF - ES) [Transferred from Nevada on 8/5/2021.]
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Filing 9
REPLY to Response to #1 Motion,, by Defendants Marcus Brown, Southern Refrigerated Transport Inc., IQS Insurance Risk Retention Group Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Greco, Lucian) [Transferred from Nevada on 8/5/2021.]
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Filing 8
RESPONSE to #1 Motion,, by Interested Party Medport LA, LLC. Replies due by 6/9/2021. (Attachments: #1 Index, #2 Exhibit Declaration of Kenneth Fust, #3 Exhibit Declaration of Marisa Stearns, #4 Exhibit Objection to Subpoena, #5 Exhibit Request Table, #6 Exhibit Order Magistrate.Reese, #7 Exhibit Order Magistrate.DuPont, #8 Exhibit Order Judge.DuPont, #9 Exhibit Order.Johnson) (Stearns, Marisa) [Transferred from Nevada on 8/5/2021.]
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Filing 7
CERTIFICATE OF SERVICE for #1 Motion,, by Defendants Marcus Brown, Southern Refrigerated Transport Inc., IQS Insurance Risk Retention Group Inc.. (Greco, Lucian) [Transferred from Nevada on 8/5/2021.]
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Filing 6
CERTIFICATE OF SERVICE for #1 Motion,, by Defendants Marcus Brown, Southern Refrigerated Transport Inc., IQS Insurance Risk Retention Group Inc.. (Greco, Lucian) [Transferred from Nevada on 8/5/2021.]
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Filing 5
NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Rebecca Cunard to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 6/3/2021. (no image attached) (DKJ) [Transferred from Nevada on 8/5/2021.]
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Filing 4
RECEIPT of Payment: $402.00, receipt number NVLAS075548. (MR) [Transferred from Nevada on 8/5/2021.]
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Filing 3
STANDING ORDER. This case has been assigned to the Honorable Judge Richard F. Boulware, II. Judge Boulware's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - DKJ) [Transferred from Nevada on 8/5/2021.]
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Filing 2
NOTICE: Attorney Action Required to #1 Motion. Attorney Lucian J. Greco, Jr. opened a civil matter incorrectly and did not pay the appropriate filing fee. Attorney Lucian Greco is advised to pay the filing fee. (no image attached) (DKJ) [Transferred from Nevada on 8/5/2021.]
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Filing 1
MOTION to Compel Production of Documents Responsive to Subpoena or, Alternatively, Motion to Transfer Enforcement of Subpoena by Defendants Marcus Brown, Southern Refrigerated Transport Inc., IQS Insurance Risk Retention Group Inc.. Responses due by 6/2/2021. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10) (Greco, Lucian) [Transferred from Nevada on 8/5/2021.]
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Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Elayna J. Youchah. (DKJ) [Transferred from Nevada on 8/5/2021.]
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