Cooper et al v. Oswald et al
Plaintiff: Tonya Cooper, Gilliam W Johns and Patsy Johns
Defendant: Berkley National Insurance Co and Jacob Thomas Oswald
Case Number: 5:2022cv02151
Filed: July 18, 2022
Court: US District Court for the Western District of Louisiana
Presiding Judge: Elizabeth E Foote
Referring Judge: Mark L Hornsby
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.)
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 6, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 6, 2022 Opinion or Order Filing 13 90 DAY ORDER DISMISSING CASE. It is ordered that this action is hereby dismissed, without prejudice to the right, upon good cause shown within 90 days of the signing of this Order, to reopen the action if settlement is not consummated. The Clerk is now requested to close this case. It is further ordered that within 90 days of the signing of this Order, the parties shall submit to the Court: (1) a joint motion to dismiss accompanied by a proposed order; or (2) a Rule 41(a)(1)(A)(ii) stipulation of dismissal signed by all parties who have appeared in this action. Any motion that may be pending in this case is hereby denied as moot. Signed by Magistrate Judge Mark L Hornsby on 9/6/2022. (crt,Keller, J)
September 1, 2022 Filing 12 MINUTES for proceedings held before Magistrate Judge Mark L Hornsby: SCHEDULING CONFERENCE held on 9/1/2022. Plaintiffs' deadline for the motion to remand is September 9, 2022. Before filing the motion, counsel for Plaintiffs shall reach out to counsel for Defendants to confirm that the motion is unopposed and set forth that information in the motion. (crt,Keller, J)
August 25, 2022 Filing 11 JOINT RULE 26(f) REPORT by Berkley National Insurance Co, Tonya Cooper, Gilliam W Johns, Patsy Johns. (aty,Whetstone, Luke) Modified event and filers on 8/26/2022 (Bunting, M).
July 29, 2022 Opinion or Order Filing 10 ORDER granting #9 Motion to Enroll as Counsel. Added as counsel Robert Emmet Couhig, III, Robert Tate Martin, II for Tonya Cooper, Gilliam W Johns, Patsy Johns. Signed by Magistrate Judge Mark L Hornsby on 7/29/2022. (crt,Crick, S)
July 28, 2022 Filing 9 Ex Parte MOTION for R. Tate Martin II and Robert E. Couhig, III to Enroll as Counsel of Record by Tonya Cooper, Gilliam W Johns, Patsy Johns. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 7/28/2022. (Attachments: #1 Proposed order Proposed Order)(Attorney Robert Tate Martin, II added to party Tonya Cooper(pty:pla), Attorney Robert Tate Martin, II added to party Gilliam W Johns(pty:pla), Attorney Robert Tate Martin, II added to party Patsy Johns(pty:pla))(aty,Martin, Robert)
July 27, 2022 Opinion or Order Filing 8 ORDER: Scheduling Conference set for 9/1/2022 10:00 AM in chambers before Magistrate Judge Mark L Hornsby. Rule 26 Conference between parties to take place before 8/18/2022. Initial Disclosures exchanged by 8/25/2022. Rule 26 Report due by 8/25/2022. Signed by Magistrate Judge Mark L Hornsby on 7/27/2022. (crt,Keller, J)
July 25, 2022 Filing 7 ANSWER to Complaint with Jury Demand by Berkley National Insurance Co, Jacob Thomas Oswald.(aty,Cook, Sidney)
July 21, 2022 Filing 6 RESPONSE TO REMOVAL ORDER by Berkley National Insurance Co, Jacob Thomas Oswald . (Attachments: #1 Exhibit A - State Court Citation and Petition, #2 Exhibit B - State Court Request for Notice, #3 Exhibit C - State Court Affidavit of Service)(aty,Cook, Sidney)
July 20, 2022 Opinion or Order Filing 5 REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Mark L Hornsby on 7/20/2022. (crt,Keller, J)
July 20, 2022 Filing 4 ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1332. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Mark L Hornsby on 7/20/2022. (crt,Rider, M)
July 19, 2022 Filing 3 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Mark L Hornsby. Motion Ripe Deadline set for 7/19/2022. (crt,Crick, S)
July 18, 2022 STATE COURT Service Returned Executed. Berkley National Insurance Co answer due 7/25/2022; Jacob Thomas Oswald answer due 7/25/2022. ADMINISTRATIVE ENTRY. The PDF image can be found in Attachments #2 & #3 to #1 Notice of Removal. (crt,Crick, S)
July 18, 2022 CASE Assigned to Judge Elizabeth E Foote and Magistrate Judge Mark L Hornsby. (crt,Crick, S)
July 18, 2022 Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent, W R Berkley Corp for Berkley National Insurance Co by Berkley National Insurance Co. (aty,Cook, Sidney) Modified on 7/19/2022 to modify docket text. (Crick, S).
July 18, 2022 Filing 1 NOTICE of Removal from 1st JDC Caddo Parish, Case Number 637379-B (Filing fee $402, receipt number ALAWDC-5180445) filed by Berkley National Insurance Co, Jacob Thomas Oswald. (Attachments: #1 Civil cover sheet, #2 Exhibit A - State Court-Citation and Petition to Berkley Nat. Ins. Co., #3 Exhibit B - State Court-Affidavit of Service re Jacob Oswald, #4 Exhibit C - State Court-Plaintiffs' Request for Notice)(Attorney Sidney Earl Cook, Jr added to party Berkley National Insurance Co(pty:dft), Attorney Sidney Earl Cook, Jr added to party Jacob Thomas Oswald(pty:dft))(aty,Cook, Sidney)

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Plaintiff: Tonya Cooper
Represented By: Robert Tate Martin, II
Represented By: Robert Emmet Couhig, III
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Plaintiff: Gilliam W Johns
Represented By: Robert Tate Martin, II
Represented By: Robert Emmet Couhig, III
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Plaintiff: Patsy Johns
Represented By: Robert Tate Martin, II
Represented By: Robert Emmet Couhig, III
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Defendant: Berkley National Insurance Co
Represented By: Sidney Earl Cook, Jr
Represented By: Luke Davis Whetstone
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Defendant: Jacob Thomas Oswald
Represented By: Sidney Earl Cook, Jr
Represented By: Luke Davis Whetstone
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