Remedies v. Advanced Emissions Solutions, Inc, et al
| Robert Remedies |
| A D A Carbon Solutions Red River L L C, A B C Insurance Co and Advanced Emissions Solutions Inc |
| 5:2023cv00454 |
| April 6, 2023 |
| US District Court for the Western District of Louisiana |
| Shreveport Office |
| Kayla D McClusky |
| Donald E Walter |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on June 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 40 MOTION for Nichole M. Buckle to Enroll as Counsel by All Plaintiffs. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/1/2023. (Attachments: #1 Proposed order)(Attorney Nichole Marie Buckle added to party Robert Remedies(pty:pla))(aty,Buckle, Nichole) |
| NOTICE of Corrective Action to Nichole Marie Buckle on behalf of Robert Remedies regarding #35 MOTION for Nichole M. Buckle to Enroll as Counsel . Action taken: Terminated #35 Motion to Enroll. #40 Motion to Enroll resubmitted. (crt,Crick, S) |
Filing 39
TRANSFER ORDER regarding admission status of counsel. Signed by Magistrate Judge Kayla D McClusky on 5/26/2023. (crt,Crawford, A)
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Filing 38
ORDER granting #33 Motion for Protective Order. Signed by Magistrate Judge Kayla D McClusky on 5/26/2023. (crt,Crawford, A)
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Filing 37
TRANSFER ORDER regarding admission status of counsel. Signed by Magistrate Judge Kayla D McClusky on 5/26/2023. (crt,Crawford, A)
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| Filing 36 NOTICE of Deficiency to Nichole Marie Buckle on behalf of Robert Remedies regarding #35 MOTION for Nichole M. Buckle to Enroll as Counsel . Reason: This party is already represented by other counsel. Please refer to provisions under LR83.2.12 regarding appearance of other counsel to ensure compliance with this rule. A motion to enroll as co-counsel or to substitute counsel (signed by the current counsel of record) is required to remedy this situation. Please also refer to LR5.7.08 regarding electronic filing of documents requiring signatures of more than one party. (crt,Bunting, M) |
| Filing 35 DEFICIENT. MOTION for Nichole M. Buckle to Enroll as Counsel by All Plaintiffs. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 5/26/2023. (Attachments: #1 Proposed order)(Attorney Nichole Marie Buckle added to party Robert Remedies(pty:pla))(aty,Buckle, Nichole) Modified to reflect deficient status on 5/26/2023 (Bunting, M). Modified on 6/1/2023 to indicate #40 Motion to Enroll resubmitted. (Crick, S). |
| Filing 34 PROPOSED TRANSFER ORDER. Referred to Magistrate Judge Kayla D McClusky. Motion Ripe Deadline set for 5/25/2023. (crt,Miletello, A) |
| Filing 33 MOTION for Protective Order by A D A Carbon Solutions Red River L L C, Robert Remedies, Advanced Emissions Solutions Inc. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 5/25/2023. (Attachments: #1 Proposed order)(aty,Rosenzweig, Ira) Modified on 5/25/2023 to add filers (Miletello, A). |
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Filing 32
MEMORANDUM ORDER: All requirements of Federal Rules of Civil Procedure 26(f) are hereby waived in this case, including the conference of the parties and the report to the Court. The parties are directed to serve their initial disclosures within 30 days and promptly begin any necessary discovery and motion practice. A scheduling order will be issued by the Court setting the matter for trial in due course. Signed by Judge Donald E Walter on 5/4/2023. (crt,Enkey, R)
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| Filing 31 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 Kayla D McClusky on 5/3/2023. (jud,McClusky, Kayla) |
| Filing 30 AMENDED DOCUMENT by A D A Carbon Solutions Red River L L C. . (Attachments: #1 Exhibit Pleading in the state court record)(aty,Rosenzweig, Ira) |
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Filing 29
ORDER: Within the next 7 days from the date of this order, Red River is grantedleave of court to file an amended #1 notice of removal that establishes diversity jurisdiction. Signed by Magistrate Judge Kayla D McClusky on 4/20/2023. (crt,Leday, A)
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| Filing 28 ANSWER to Complaint by Advanced Emissions Solutions Inc.(aty,Fields, Connor) |
| CASE Assigned to Judge Donald E Walter and Magistrate Judge Kayla D McClusky. (crt,Thomas, T) |
| Filing 27 DISTRICT CASE transferred in from District of Louisiana Middle; Case Number 3:22-cv-00309. Original file copy of transfer order and docket sheet received |
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Filing 26
RULING AND ORDER granting #14 Motion to Transfer Case. Case transferred to the Western District of Louisiana. Signed by Judge Brian A. Jackson on 4/6/2023. (LLH) [Transferred from Louisiana Middle on 4/6/2023.]
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Filing 25
RULING AND ORDER denying #12 RULE 12(b)(6) Motion to Dismiss. Signed by Judge Brian A. Jackson on 4/6/2023. (LLH) [Transferred from Louisiana Middle on 4/6/2023.]
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Filing 24
ORDER granting #23 Motion for Trevor Cortney to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 11/10/2022. ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access #www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) [Transferred from Louisiana Middle on 4/6/2023.]
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| MOTION(S) REFERRED: #23 MOTION for Trevor Cortney to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2502035). This motion is now pending before the USMJ. (NLT) [Transferred from Louisiana Middle on 4/6/2023.] |
| Filing 23 MOTION for Trevor Cortney to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2502035) by Robert Remedies (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Christensen, Roland) [Transferred from Louisiana Middle on 4/6/2023.] |
| Filing 22 REPLY Memorandum in Support of #14 MOTION to Transfer Case to Western District of Louisiana, Shreveport Division filed by ADA Carbon Solutions (Red River), LLC. (LLH) [Transferred from Louisiana Middle on 4/6/2023.] |
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Filing 21
ORDER granting #20 MOTION for Leave to File Reply Memorandum. Signed by Judge Brian A. Jackson on 11/1/2022. (LLH) [Transferred from Louisiana Middle on 4/6/2023.]
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| Filing 20 MOTION for Leave to File Reply Memorandum by ADA Carbon Solutions (Red River), LLC (Attachments: #1 Proposed Pleading; Proposed Order, #2 Proposed Pleading; Reply Memorandum)(Rosenzweig, Ira) [Transferred from Louisiana Middle on 4/6/2023.] |
| Filing 19 MEMORANDUM in Opposition to #14 MOTION to Transfer Case to Western District of Louisiana, Shreveport Division filed by Robert Remedies. (Attachments: #1 Attachment Proposed Order)(Christensen, Roland) [Transferred from Louisiana Middle on 4/6/2023.] |
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Filing 18
ORDER: This matter is before the court on an Order (R. Doc. 3) setting a scheduling conference for August 18, 2022. On August 8, 2022, the court entered an Order (R. Doc. 5) resetting the scheduling conference for October 27, 2022, at 3:30 p.m. Because a Motion to Transfer (R. Doc. 14) has been filed, the scheduling conference set for October 27, 2022, is CANCELED. The parties are instructed to contact the undersigned upon a resolution of the Motion to Transfer to set a scheduling conference, if necessary. Signed by Magistrate Judge Scott D. Johnson on 10/17/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KAH) [Transferred from Louisiana Middle on 4/6/2023.]
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| Filing 17 STATUS REPORT by Robert Remedies. (Christensen, Roland) [Transferred from Louisiana Middle on 4/6/2023.] |
| Filing 16 REPLY in Support of #12 MOTION to Dismiss for Failure to State a Claim filed by Advanced Emissions Solutions, Inc.. (Mann, Christopher) [Transferred from Louisiana Middle on 4/6/2023.] |
| Filing 15 First MEMORANDUM in Opposition to #12 MOTION to Dismiss for Failure to State a Claim filed by Robert Remedies. (Attachments: #1 Proposed Order Proposed Order)(Christensen, Roland) [Transferred from Louisiana Middle on 4/6/2023.] |
| Filing 14 MOTION to Transfer Case to Western District of Louisiana, Shreveport Division by ADA Carbon Solutions (Red River), LLC (Attachments: #1 Memorandum in Support)(Rosenzweig, Ira) [Transferred from Louisiana Middle on 4/6/2023.] |
| Filing 13 Certificate of Interested Persons by Advanced Emissions Solutions, Inc. identifying Affiliate/Interested Person ADA Carbon Solutions (Red River), LLC, Affiliate/Interested Person ADA Carbon Solutions (Operations), LLC, Affiliate/Interested Person ADA Carbon Solutions, LLC for Advanced Emissions Solutions, Inc... (Mann, Christopher) [Transferred from Louisiana Middle on 4/6/2023.] |
| Filing 12 MOTION to Dismiss for Failure to State a Claim by Advanced Emissions Solutions, Inc. (Attachments: #1 Memorandum in Support)(Mann, Christopher) [Transferred from Louisiana Middle on 4/6/2023.] |
| Filing 11 Summons Issued as to Advanced Emissions Solutions, Inc.. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (ELW) [Transferred from Louisiana Middle on 4/6/2023.] |
| Filing 10 Summons Submitted as to Advanced Emissions Solutions, Inc. (Christensen, Roland) (Main Document 10 replaced on 8/16/2022) (ELW). Modified on 8/16/2022 to flatten document (ELW). [Transferred from Louisiana Middle on 4/6/2023.] |
| Filing 9 Summons Not Issued: Counsel has requested issuance of a summons for Advanced Emissions Solutions, Inc.. Summons appears on legal size paper and local rules requires all pleadings on letter size paper. Therefore, summons will not be issued. (EDC) [Transferred from Louisiana Middle on 4/6/2023.] |
| Filing 8 Summons Submitted as to Advanced Emissions Solutions, Inc., et al. (Christensen, Roland) [Transferred from Louisiana Middle on 4/6/2023.] |
| Filing 7 Summons Not Issued: Counsel has requested issuance of a summons for Advanced Emissions Solutions, Inc.. Summons appears on legal size paper and local rules requires all pleadings on letter size paper. Therefore, summons will not be issued. (EDC) [Transferred from Louisiana Middle on 4/6/2023.] |
| Filing 6 Summons Submitted as to Advanced Emissions Solutions, Inc. (Christensen, Roland) [Transferred from Louisiana Middle on 4/6/2023.] |
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Filing 5
ORDER: The Telephone Scheduling Conference is reset for 10/27/2022 at 03:30 PM before Magistrate Judge Scott D. Johnson. Status Report due by 10/13/2022. Signed by Magistrate Judge Scott D. Johnson on 8/8/2022. (KAH) [Transferred from Louisiana Middle on 4/6/2023.]
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| Filing 4 ANSWER to Complaint with Jury Demand by ADA Carbon Solutions (Red River), LLC.(Rosenzweig, Ira) [Transferred from Louisiana Middle on 4/6/2023.] |
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Filing 3
SCHEDULING CONFERENCE ORDER: Telephone Scheduling Conference set for 8/18/2022 at 01:30 PM before Magistrate Judge Scott D. Johnson. Status Report due by 8/4/2022. Signed by Magistrate Judge Scott D. Johnson on 5/19/2022. (KAH) [Transferred from Louisiana Middle on 4/6/2023.]
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| Filing 2 Corporate Disclosure Statement by ADA Carbon Solutions (Red River), LLC identifying Corporate Parent Advanced Emissions Solutions, Inc. for ADA Carbon Solutions (Red River), LLC.. (Rosenzweig, Ira) [Transferred from Louisiana Middle on 4/6/2023.] |
| Filing 1 NOTICE OF REMOVAL from 19th Judicial District Louisiana, Case Number 717515. (Filing fee $ 402 receipt number ALAMDC-2428267), filed by ADA Carbon Solutions (Red River), LLC. (Attachments: #1 Attachment Civil Cover Sheet, #2 Exhibit A)(Rosenzweig, Ira) [Transferred from Louisiana Middle on 4/6/2023.] |
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