Moore v. Mericles Towing L L C et al
| Cheryl Moore |
| Mericles Towing L L C, AmGuard Insurance Co, Paccar Inc, Peterbilt of Louisiana and Peterbilt Motors Co |
| 5:2022cv05715 |
| October 14, 2022 |
| US District Court for the Western District of Louisiana |
| S Maurice Hicks |
| 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 December 2, 2022. A more recent docket listing may be available from PACER.
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Filing 31
ORDER granting #30 Motion to Substitute Attorney. Added attorney James T Busenlener for AmGuard Insurance Co. Attorney Nicholas Orlando Zotti terminated. Signed by Magistrate Judge Mark L Hornsby on 12/2/2022. (crt,Thomas, T)
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| Filing 30 Ex Parte MOTION to Substitute Attorney James T. Busenlener in place of Nicholas O. Zotti by AmGuard Insurance Co. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 12/1/2022. (Attachments: #1 Proposed order Attorney Zotti Proposed Order for Withdrawal and Substitution)(aty,Zotti, Nicholas) Modified to correct event type and edit docket text on 12/2/2022 (Thomas, T). |
| Filing 29 RESPONSE to Motion re #21 MOTION to Remand filed by Paccar Inc. (aty,Zimmer, Scott) |
| Filing 28 NOTICE of Motion Setting regarding: #26 MOTION to Strike the Affidavit of Cheryl Moore. Motions referred to Magistrate Judge Mark L Hornsby. (crt,Thomas, T) |
| Filing 27 RESPONSE to Motion re #21 MOTION to Remand filed by Mericles Towing L L C. (Attachments: #1 Affidavit Declaration of James Mericle)(aty,Hemken, David) |
| Filing 26 MOTION to Strike the Affidavit of Cheryl Moore by Mericles Towing L L C. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 12/1/2022. (Attachments: #1 Memorandum / Brief)(aty,Hemken, David) |
| Filing 25 RESPONSE to Motion re #21 MOTION to Remand filed by AmGuard Insurance Co. (Attachments: #1 Exhibit A, Petition for Wrongful Death and Survival Action)(aty,Zotti, Nicholas) |
| Filing 24 REPLY to Response to Motion re #7 First MOTION to Dismiss For Failure to State a Claim Amguard Insurance Company filed by AmGuard Insurance Co. (aty,Zotti, Nicholas) |
| Filing 23 NOTICE of Motion Setting regarding: #21 MOTION to Remand . Motions referred to Magistrate Judge Mark L Hornsby. (crt,Bunting, M) |
| Filing 22 RESPONSE to Motion re #7 First MOTION to Dismiss For Failure to State a Claim Amguard Insurance Company filed by Cheryl Moore. (aty,Ritch, Joseph) |
| Filing 21 MOTION to Remand with incorporated Memorandum by Cheryl Moore. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 11/14/2022. (aty,Ritch, Joseph) Modified docket text on 11/17/2022 (Bunting, M). |
| Filing 20 CORPORATE DISCLOSURE STATEMENT by Mericles Towing L L C. (aty,Hemken, David) |
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Filing 19
ORDER granting #13 Motion for Extension of Time to Answer #1 Notice of Removal. Mericle's Towing, LLC is granted an extension of time to file an answer until after the issue of improper joinder is resolved. Signed by Magistrate Judge Mark L Hornsby on 11/4/2022. (crt,Keller, J)
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| Filing 18 ELECTRONIC MINUTE ENTRY issued by the Clerk. In accordance with Standing Order 1.62, this matter is hereby reassigned. Case reassigned to Chief Judge S Maurice Hicks, Jr. Judge Donald E Walter no longer assigned to case. All future filings should bear the name of the new judge assignment. (crt,Alexander, E) |
| Filing 17 MINUTE ENTRY: Pursuant to 28 U.S.C. 455, the undersigned must be disqualified from participating in the above-captioned matter. Accordingly, this case is REFERRED to Chief Judge S. Maurice Hicks, Jr. for reassignment. Signed by Judge Donald E Walter on 10/31/2022. (crt,Thomas, T) |
| Filing 16 NOTICE of Corporate Disclosure Statement Requirement re: #13 Motion for Extension of Time to File Answer, sent to David Jonathan Hemken on behalf of Mericles Towing L L C. Corporate Disclosure Statement due by 11/10/2022. (crt,Thomas, T) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT by AmGuard Insurance Co identifying Corporate Parent Berkshire Hathatway Inc for AmGuard Insurance Co. (aty,Zotti, Nicholas) Modified on 10/27/2022 (Thomas, T). |
| Filing 13 MOTION for Extension of Time to File Answer with consent sought but not yet obtained by Mericles Towing L L C. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 10/27/2022. (Attachments: #1 Proposed order)(aty,Hemken, David) |
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Filing 14
MEMORANDUM ORDER: If Plaintiff contests the assertions that Mericles, AmGuard, and Peterbilt of Louisiana, LLC were improperly joined, she must file a motion to remand, supported by a memorandum, by November 14, 2022 and explain why there is a reasonable basis to predict that state law would allow Plaintiff to recover against any of those defendants. If Plaintiff files a motion to remand, it will be noticed for briefing so that Paccar can respond and attempt to meet its burden on the improper joinder issue. If Plaintiff does not file a motion to remand by the deadline and challenge the improper joinder plea, the court will consider Plaintiff to concede the point, and all claims against Mericles, AmGuard, and Peterbilt of Louisiana, LLC will be dismissed without prejudice, and the case will proceed toward a scheduling order. Signed by Magistrate Judge Mark L Hornsby on 10/26/2022. (crt,Thomas, T)
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| Set/Reset Deadlines: Compliance Deadline set for 11/14/2022. (crt,Thomas, T) |
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Filing 12
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Mark L Hornsby on 10/26/2022. (crt,Keller, J)
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| Filing 11 NOTICE of Corporate Disclosure Statement Requirement re: #7 Motion to Dismiss for Failure to State a Claim, sent to Nicholas Orlando Zotti on behalf of AmGuard Insurance Co. Corporate Disclosure Statement due by 11/9/2022. (crt,Thomas, T) |
| Filing 10 ANSWER to Complaint with Jury Demand by AmGuard Insurance Co.(aty,Zotti, Nicholas) |
| Filing 9 NOTICE of Motion Setting regarding: #7 First MOTION to Dismiss For Failure to State a Claim Amguard Insurance Company, #4 MOTION to Dismiss For Failure to State a Claim Peterbilt Motors Company. Motions referred to Judge Donald E Walter. (crt,Thomas, T) |
| Filing 8 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Mark L Hornsby. Motion Ripe Deadline set for 10/25/2022. (crt,Thomas, T) |
| Filing 7 First MOTION to Dismiss For Failure to State a Claim Amguard Insurance Company by AmGuard Insurance Co. (Attachments: #1 Memorandum / Brief Attorney Zotti's Memorandum in Support of Motion to Dismiss Amguard Insurance Company)(Attorney Nicholas Orlando Zotti added to party AmGuard Insurance Co(pty:dft))(aty,Zotti, Nicholas) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by Peterbilt of Louisiana . (aty,Zimmer, Scott) Modified on 10/24/2022 (Thomas, T). |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by Paccar Inc identifying Other Affiliate Peterbilt Motors Co for Paccar Inc. (aty,Zimmer, Scott) Modified on 10/24/2022 (Thomas, T). |
| Filing 4 MOTION to Dismiss For Failure to State a Claim Peterbilt Motors Company by Paccar Inc. (Attachments: #1 Memorandum / Brief, #2 Text of proposed order)(aty,Zimmer, Scott) |
| Filing 3 ANSWER to Complaint with Jury Demand by Peterbilt of Louisiana.(Attorney Scott L Zimmer added to party Peterbilt of Louisiana(pty:dft))(aty,Zimmer, Scott) |
| Filing 2 ANSWER to Complaint with Jury Demand by Paccar Inc.(aty,Zimmer, Scott) |
| CASE Assigned to Judge Donald E Walter and Magistrate Judge Mark L Hornsby. (crt,Thomas, T) |
| STATE COURT Service Returned Executed. Mericles Towing L L C answer due 10/21/2022. ADMINISTRATIVE ENTRY: The PDF image 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 639362 with Jury Demand; (Filing fee $402, receipt number ALAWDC-5327429) filed by Paccar Inc. (Attachments: #1 Civil cover sheet, #2 State court petition Exhibit A Petition and State Court Filings, #3 Exhibit B Declaration of Paccar Inc, #4 Exhibit C Declaration of Amguard Insurance, #5 Exhibit D Declaration of Peterbilt of Louisiana, #6 Exhibit E Declaration of Mericle's Towing)(Attorney Scott L Zimmer added to party Paccar Inc(pty:dft))(aty,Zimmer, Scott) Modified on 10/25/2022 (Thomas, T). |
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