Hudson v. Progressive Paloverde Insurance Co et al
| Everett Hudson |
| Progressive Paloverde Insurance Company, I K International Inc, Vincent Fabian, Artisan Truckers and Casualty Company, Allstate Property and Casualty Insurance Company, Fabian Vincent, Progressive Paloverde Insurance Co, Artisan Truckers & Casualty Co and Allstate Property & Casualty Insurance Co |
| 5:2021cv04355 |
| December 20, 2021 |
| US District Court for the Western District of Louisiana |
| Elizabeth E Foote |
| Mark L Hornsby |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.
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Filing 29
ORDER granting #28 Joint/Voluntary Motion to Dismiss. Signed by Magistrate Judge Mark L Hornsby on 2/27/2023. (crt,Breite, S)
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| Filing 28 Joint JOINT/VOLUNTARY MOTION to Dismiss Everett Hudson and by Artisan Truckers & Casualty Co, I K International Inc, Vincent Fabian. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 2/24/2023. (Attachments: #1 Proposed order)(Attorney Franklin H Spruiell, Jr added to party Fabian Vincent(pty:dft))(aty,Spruiell, Franklin) Modified on 2/24/2023 (Thomas, T). |
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Filing 27
ORDER OF DISMISSAL: Within ninety (90) days of the signing of this Order, the parties shall submit to the Court a joint motion to dismiss or a stipulation of dismissal signed by all parties. Any motion that may be pending in this case is DENIED AS MOOT. Signed by Judge Elizabeth E Foote on 2/17/2023. (crt,Enkey, R)
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Filing 26
SCHEDULING ORDER: Jury Trial set for 10/23/2023 at 9:00 AM in Shreveport, Courtroom 2 before Judge Elizabeth E Foote. Pretrial Conference set for 8/24/2023 at 2:00 PM in chambers before Judge Elizabeth E Foote. Joint Pretrial Order due by 8/17/2023. Plaintiff's Witness List due by 2/16/2023. Plaintiff's Expert Info/Reports due by 4/30/2023. Defendants' Expert Info/Reports due by 5/30/2023. Discovery deadline 4/16/2023. Expert Depositions due by 6/30/2023. Dispositive Motions due by 4/30/2023. Daubert Motions due by 7/21/2023. Proposed Pretrial Order inserts and exhibits exchanged by 7/20/2023. Conference/Meeting of counsel to prepare pretrial order to be held by 8/3/2023. Motions in Limine due by 8/10/2023. Trial Brief/Pretrial Submissions due by 10/13/2023. Electronic Exhibits due by 10/13/2023. Trial Depositions due by 9/22/2023. Signed by Magistrate Judge Mark L Hornsby on 11/16/2022. (crt,Enkey, R)
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| Filing 25 MINUTES for proceedings held before Magistrate Judge Mark L Hornsby: SCHEDULING CONFERENCE held on 11/16/2022. (crt,Keller, J) |
| Filing 24 RULE 26(f) Report by Everett Hudson, Artisan Truckers & Casualty Co, I K International Inc, Progressive Paloverde Insurance Co, Vincent Fabian . (aty,Bernard, Kristen) Modified to add filers on 11/4/2022 (Thomas, T. |
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Filing 23
ORDER: Scheduling Conference set for 11/16/2022 10:30 AM in chambers before Magistrate Judge Mark L Hornsby. Rule 26 Conference between parties to take place before 11/2/2022. Initial Disclosures exchanged by 11/9/2022. Rule 26 Report due by 11/9/2022. Signed by Magistrate Judge Mark L Hornsby on 10/14/2022. (crt,Keller, J)
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| Filing 22 ANSWER to Complaint answer to original and second amended and restated petition for damages by Vincent Fabian.(aty,Spruiell, Franklin) |
| Filing 21 NOTICE of Intent to dismiss Vincent Fabian for Failure to effect service within 90 days. (crt,Thomas, T) |
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Filing 20
ORDER granting #19 Joint/Voluntary Motion to Dismiss. The claims of Plaintiff Everett Hudson against Allstate Property and Casualty Insurance Company in its capacity as the underinsured motorist carrier are dismissed without prejudice. Plaintiff reserves all rights against all other parties. Signed by Judge Elizabeth E Foote on 6/17/2022. (crt,Enkey, R)
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| Filing 19 JOINT/VOLUNTARY MOTION to Dismiss Allstate Property and Casualty Insurance Company in its capacity as underinsured motorist carrier by Everett Hudson and by Allstate Property & Casualty Insurance Co, Everett Hudson. Motion Ripe Deadline set for 6/16/2022. (Attachments: #1 Proposed order)(aty,Soileau, Steven) Modified to add filer on 6/16/2022 (Thomas, T). |
| Filing 18 ANSWER to #16 Amended Complaint by Artisan Truckers & Casualty Co,, I K International Inc, Progressive Paloverde Insurance Co.(aty,Spruiell, Franklin) Modified to edit docket text and correct filers on 2/2/2022 (Thomas, T). |
| Filing 17 ANSWER to #16 Amended Complaint by Allstate Property & Casualty Insurance Co.(aty,Soileau, Steven) |
| Filing 16 SECOND AMENDED COMPLAINT against Allstate Property & Casualty Insurance Co, Artisan Truckers & Casualty Co, I K International Inc, Progressive Paloverde Insurance Co, Fabian Vincent with Jury Demand filed by Everett Hudson.(crt,Thomas, T) |
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Filing 15
ORDER granting #14 Motion to Amend/Correct. Signed by Magistrate Judge Mark L Hornsby on 1/27/2022. (crt,Thomas, T)
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| Filing 14 MOTION to Amend/Correct, styled as MOTION for Leave to File Second Amended and Restated Petition for Damages with consent by Everett Hudson. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 1/26/2022. (Attachments: #1 Proposed order for Leave of Court to File Plaintiff's Second Amended and Restated Petition for Damages, #2 Plaintiff's Second Amended and Restated Petition for Damages, #3 Certificate of Consent)(aty,Bernard, Kristen) Modified to correct event type and edit docket text on 1/26/2022 (Thomas, T). |
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Filing 13
ORDER denying #12 Motion for Leave to File for not stating the state of incorporation and principal place of business for the new defendant. Plaintiff may refile with the proper allegations. Signed by Magistrate Judge Mark L Hornsby on 1/21/2022. (crt,Crick, S)
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| Filing 12 MOTION for Leave to File First Amended and Restated Petition for Damages with consent sought but not yet obtained by Everett Hudson. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 1/18/2022. (Attachments: #1 Proposed order , #2 Plaintiff's First Amended and Restated Petition for Damages, #3 Certificate of good standing)(aty,Bernard, Kristen) Modified on 1/19/2022 to remove excess text. (Alexander, E) |
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Filing 11
ORDER granting #10 Motion to Substitute Attorney. Added attorney Steven Eric Soileau for Allstate Property & Casualty Insurance Co. Attorney Cynthia D Schwartz terminated. Signed by Magistrate Judge Mark L Hornsby on 1/14/2022. (crt,Keller, J)
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| Filing 10 Joint MOTION to Substitute Attorney Steven E. Soileau in place of Cynthia D. Schwartz with consent by Allstate Property & Casualty Insurance Co. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 1/13/2022. (Attachments: #1 Proposed order)(Attorney Steven Eric Soileau added to party Allstate Property & Casualty Insurance Co(pty:dft))(aty,Soileau, Steven) |
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Filing 9
MEMORANDUM ORDER. Based on the assumptions set forth above, the court finds that subject matter jurisdiction exists pursuant to 28 U.S.C. 1332. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Progressive filed an answer during the state court proceedings. It later filed an amended answer and alleged that the policy at issue was actually issued by Artisan and Truckers Casualty Company, a separate Progressive entity. Artisan joined in the notice of removal, but it does not appear that Plaintiff has ever named Artisan as a defendant. Plaintiff is directed to explore this issue and promptly move to amend his complaint to name Artisan as a defendant if that is deemed appropriate. The court will set a scheduling conference once all defendants have filed an answer. The only answers lacking at this time are from Artisan, discussed above, and Vincent Fabian. See Memorandum Order for details. Signed by Magistrate Judge Mark L Hornsby on 1/4/2022. (crt,Keller, J)
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| Filing 8 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Progressive Commercial Holdings Inc, Corporate Parent Progressive Corp by Artisan Truckers & Casualty Co. (aty,Spruiell, Franklin) Modified on 12/28/2021 (Thomas, T). |
| Filing 7 RESPONSE TO REMOVAL ORDER by Artisan Truckers & Casualty Co, I K International Inc, Progressive Paloverde Insurance Co . (Attachments: #1 Exhibit Ex. A State Court Pleadings)(aty,Spruiell, Franklin) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Progressive Direct Holdings Inc, Corporate parent Progressive Corp by Progressive Paloverde Insurance Co. (aty,Spruiell, Franklin) Modified to add corporate parents on 12/28/2021 (Thomas, T). |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by I K International Inc. (aty,Spruiell, Franklin) |
| ANSWER to Complaint with Jury Demand by Progressive Paloverde Insurance Co. ADMINISTRATIVE ENTRY: The PDF image can be found within Attachment #1 of document #7 Response to Removal Order.(crt,Thomas, T) |
| AMENDED ANSWER to Complaint with Jury Demand by Progressive Paloverde Insurance Co. ADMINISTRATIVE ENTRY: The PDF image can be found within Attachment #1 of document #7 Response to Removal Order. (crt,Thomas, T) |
| ANSWER to Complaint with Jury Demand by Allstate Property & Casualty Insurance Co. ADMINISTRATIVE ENTRY: The PDF image can be found within Attachment #1 of document #7 Response to Removal Order.(Attorney Cynthia D Schwartz added to party Allstate Property & Casualty Insurance Co(pty:dft))(crt,Thomas, T) |
| ANSWER to Complaint by I K International Inc. ADMINISTRATIVE ENTRY: The PDF image can be found within Attachment #1 of document #7 Response to Removal Order.(crt,Thomas, T) |
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Filing 4
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Mark L Hornsby on 12/27/2021. (crt,Keller, J)
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| Filing 3 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal, sent to Franklin H Spruiell, Jr on behalf of Artisan Truckers & Casualty Co, I K International Inc, Progressive Paloverde Insurance Co. Corporate Disclosure Statement due by 1/4/2022. (crt,Thomas, T) |
| Filing 2 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Mark L Hornsby. Motion Ripe Deadline set for 12/21/2021. (crt,Thomas, T) |
| CASE Assigned to Judge Elizabeth E Foote and Magistrate Judge Mark L Hornsby. (crt,Thomas, T) |
| STATE COURT Service Returned Executed. Allstate Property & Casualty Insurance Co answer due 12/27/2021; I K International Inc answer due 12/27/2021; Progressive Paloverde Insurance Co answer due 12/27/2021. ADMINISTRATIVE ENTRY: The PDF images can be found within Attachment #2 of document #1 Notice of Removal. (crt,Thomas, T) |
| Filing 1 NOTICE of Removal from 1st JDC Caddo Parish, Case Number 632980 with Jury Demand; (Filing fee $402, receipt number ALAWDC-4934960) filed by Vincent Fabian, IK International, Inc., Progressive Paloverde Insurance Company, Artisan Truckers and Casualty Company. (Attachments: #1 Civil cover sheet, #2 Exhibit Ex. A Petition and Citations, #3 Exhibit Ex. B Notice of Filing Notice of Removal)(Attorney Franklin H Spruiell, Jr added to party Artisan Truckers and Casualty Company(pty:dft), Attorney Franklin H Spruiell, Jr added to party Vincent Fabian(pty:dft), Attorney Franklin H Spruiell, Jr added to party IK International, Inc.(pty:dft), Attorney Franklin H Spruiell, Jr added to party Progressive Paloverde Insurance Company(pty:dft))(aty,Spruiell, Franklin) |
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