Energy & Technology Corp v. Mirador Consulting Inc
| Energy & Technology Corp |
| Mirador Consulting Inc, Brian S John and Frank Benedetto |
| 6:2011cv01711 |
| September 23, 2011 |
| US District Court for the Western District of Louisiana |
| Lafayette Office |
| Lafayette |
| Richard T Haik |
| Patrick J Hanna |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 19, 2013. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 66 JUDGMENT granting #64 Motion for Default Judgment. Signed by Judge Richard T Haik, Sr on 2/14/13. (crt,Brazell, G) |
| Filing 65 NOTICE of Motion Setting with oral argument regarding: #64 MOTION for Default Judgment as to Mirador Consulting, Inc., Frank Benedetto and Brian John . Motion day set for 2/14/2013 09:30 AM in Lafayette, Courtroom 1 before Judge Richard T Haik Sr. (crt,Kennedy, T) |
| Filing 64 MOTION for Default Judgment as to Mirador Consulting, Inc., Frank Benedetto and Brian John by Energy & Technology Corp. Motions referred to Patrick J Hanna. (Attachments: #1 Proposed order, #2 Exhibit 1)(aty,Daniel, David) |
| Filing 63 CLERK'S ENTRY OF DEFAULT as to Frank Benedetto, Brian S John, Mirador Consulting Inc (crt,Kennedy, T) |
| Filing 62 MOTION/REQUEST for Entry of Default as to Brian John by Energy & Technology Corp. Motions referred to Patrick J Hanna. (Attachments: #1 Memorandum / Brief, #2 Affidavit, #3 Proposed order)(aty,Daniel, David) Modified on 12/21/2012 (Kennedy, T). |
| Filing 61 MOTION/REQUEST for Entry of Default as to Frank Benedetto by Energy & Technology Corp. Motions referred to Patrick J Hanna. (Attachments: #1 Memorandum / Brief, #2 Affidavit, #3 Proposed order)(aty,Daniel, David) Modified on 12/21/2012 (Kennedy, T). |
| Filing 60 MOTION/REQUEST for Entry of Default as to Mirador Consulting, Inc. by Energy & Technology Corp. Motions referred to Patrick J Hanna. (Attachments: #1 Memorandum / Brief, #2 Affidavit, #3 Proposed order)(aty,Daniel, David) Modified on 12/21/2012 (Kennedy, T). |
Filing 59
ORDER REASSIGNING CASE. Case reassigned to Judge Richard T Haik, Sr. Judge Tucker L Melancon no longer assigned to case. Signed by Chief Judge Dee D Drell on 12/17/12. (crt,Kennedy, T)
|
|
Filing 58
ORDER OF RECUSAL. Referred to Chief Judge for reassignment. Signed by Judge Tucker L Melancon on 12/12/12. (crt,Kennedy, T)
|
|
Filing 57
ORDER: ORDERED that the answers filed pro se by defendant Frank Benedetto, R. 4, filed pro se by defendant Brian John, R. 5, and filed by attorneys Doucet and Schwab on behalf of Mirador Consulting, Inc., R. 21, are hereby stricken from the record. It is further ORDERED that the Motion to Withdraw, R. 51, filed by attorneys Doucet and Schwab, is GRANTED. It is further ORDERED that plaintiff Energy & Technology Corp. is to file its motion for default judgment against defendants Frank Benedetto, Brian John, and Mirador Consulting, Inc., within fourteen (14) days of the date of the entry of this Order, inclusive of weekends and holidays. Signed by Judge Tucker L Melancon on December 12, 2012. (crt,Bacon, C)
|
| Filing 56 MINUTES for proceedings held before Judge Tucker L Melancon: granting #51 Motion to Withdraw as Attorney. Attorney Nicholas D Doucet and Thomas E Schwab terminated; MOTION HEARING held on 12/11/2012 re #51 MOTION to Withdraw Nicholas D. Doucet, Thomas E. Schwab, law firm Barkley & Thompson, L.C. as Attorney filed by Brian S John, Frank Benedetto, Mirador Consulting Inc. Counsel for plaintiff to file a default judgment within 14 days. (Court Reporter: LaRae Bourque) (crt,Brazell, G) |
|
Filing 55
ORDER granting #54 Motion to Enroll as Counsel. Added as counsel Rachel Ann Martin-Deckelmann for Energy & Technology Corp. Signed by Magistrate Judge Patrick J Hanna on 12/11/12. (crt,Kennedy, T)
|
| Filing 54 MOTION for Rachel Martin-Deckelmann to Enroll as Counsel by Energy & Technology Corp. Motions referred to Patrick J Hanna. (Attachments: #1 Proposed order)(aty,Daniel, David) |
| Filing 53 RESPONSE TO REMOVAL ORDER by Frank Benedetto, Brian S John, Mirador Consulting Inc Certification of Compliance wtih Court Order. (Attachments: #1 Affidavit of Nicholas D. Doucet, #2 Exhibit "1", #3 Exhibit "2", #4 Exhibit "3")(aty,Doucet, Nicholas) |
|
Filing 52
ORDER Setting Hearing as to #51 MOTION to Withdraw Nicholas D. Doucet, Thomas E. Schwab and law firm Barkley & Thompson, L.C. as Attorney: Motion day set for 12/11/2012 04:00 PM in Lafayette, Courtroom 3 before Judge Tucker L Melancon. It is further ORDERED that all of the attorneys of record for each of the parties in this proceeding are to attend the hearing. It is further ORDERED that the defendant Mirador Consulting Inc, through its duly authorized representative, and defendants Brian John and Frank Benedetto are required to attend the hearing. It is further ORDERED that the current attorneys of record for defendants Mirador Consulting, Inc, Brian John, and Frank Benedetto are to serve notice of the December 11, 2012 hearing and a copy of this order on each of their clients in strict conformity with Federal Rule of Civil Procedure 4, and are to certify to the Court and to opposing counsel that service on each defendant has been accomplished on or before Wednesday, December 5, 2012 at 12:00 p.m. (Compliance Deadline set for 12/5/2012). Signed by Judge Tucker L Melancon on 11/20/2012. (crt,Dauterive, C)
|
| Motions Transferred regarding #51 MOTION to Withdraw Nicholas D. Doucet, Thomas E. Schwab, law firm Barkley & Thompson, L.C. as Attorney . Motions referred to Tucker L Melancon. (crt,Kennedy, T) |
| Filing 51 MOTION to Withdraw Nicholas D. Doucet, Thomas E. Schwab, law firm Barkley & Thompson, L.C. as Attorney by Frank Benedetto, Brian S John, Mirador Consulting Inc. Motions referred to Patrick J Hanna. (Attachments: #1 Proposed order)(aty,Doucet, Nicholas) |
|
Filing 50
ORDER granting #49 Motion for Extension of Time to Complete Discovery. Discovery deadline extended to 12/31/2012. Signed by Judge Tucker L Melancon on November 2, 2012. (crt,Bacon, C)
|
| Filing 49 Joint MOTION for Extension of Time to Complete Discovery with consent by Frank Benedetto, Brian S John, Mirador Consulting Inc, Energy & Technology Corp. Motions referred to Patrick J Hanna. (Attachments: #1 Proposed order)(aty,Doucet, Nicholas) Modified filers on 11/1/2012 (Kennedy, T). |
| Motions Transferred regarding #49 Joint MOTION for Extension of Time to Complete Discovery with consent . Motions referred to Tucker L Melancon. (crt,Kennedy, T) |
| Filing 48 MINUTES for TELEPHONE STATUS CONFERENCE held on 10/25/2012 before Judge Tucker L Melancon: Certain deadlines were established that the Court expects defense counsel to fully comply with. Plaintiffs counsel gave the Court permission to have further ex parte communications with defendants current counsel if the Court deems it necessary or advisable to do so. (crt,Bacon, C) |
| Filing 47 MINUTES of TELEPHONE STATUS CONFERENCE held on 10/23/2012, before Judge Tucker L Melancon: Plaintiffs counsel authorized the Court to speak ex parte with defense counsel on Thursday, October 25, 2012 at 10:00am CDT about a matter defense counsel raised during the teleconference. ( District Judge Telephone Conferece set for 10/25/2012 10:00 AM CDT before Judge Tucker L Melancon.). (crt,Bacon, C) |
| Filing 46 MINUTE ENTRY:, ( District Judge Telephone Status Conference set for 10/23/2012 05:00 PM CDT before Judge Tucker L Melancon.) When all parties are on the line,defense counsel is to initiate the call at the Courts Brooklyn chambers: (718) 613-2226. Signed by Judge Tucker L Melancon on October 23, 2012. (crt,Bacon, C) |
|
Filing 45
ORDER granting #44 Motion for Extension of Time to Complete Discovery. Discovery deadline 11/30/2012. Signed by Magistrate Judge Patrick J Hanna on 10/22/12. (crt,Kennedy, T)
|
| Filing 44 MOTION for Extension of Time to Complete Discovery with consent by Mirador Consulting Inc. Motions referred to Patrick J Hanna. (Attachments: #1 Proposed order)(aty,Doucet, Nicholas) |
| Filing 43 MINUTE ENTRY: District Judge Status Conference set for 12/11/2012 04:00 PM in Chambers before Judge Tucker L Melancon. The conference shall be attended by actual trial counsel. In the event of settlement prior to the conference or should the attorneys need to contact Chambers, they should notify the Court through its law clerk, Lauren Jones, by telephone at (718) 613-2228 or byemail at lauren_jones@lawd.uscourts.gov. (crt,Kennedy, T) |
| Filing 42 MAIL RETURNED as Undeliverable: Mail sent to Frank Benedetto, Brian S John, 5499 N Federal Hwy #D, Boca Raton, FL 33487, re: #41 Jurisdictional Amount Review Ruling, returned marked: return to Sender - Not Deliverable as Addressed, Unable to Forward. (Attachments: #1 Return for Frank Benedetto) (crt,Kennedy, T) |
| Filing 41 JURISDICTIONAL Amount Review Ruling. The record shall reflect that the undersigned finds that the parties are diverse and that the amount in controversy exceeds the jurisdictional minimum. Signed by Magistrate Judge Patrick J Hanna on 9/5/12. (crt,Kennedy, T) |
| Filing 40 MAIL RETURNED as Undeliverable: Mail sent to Frank Benedetto, Brian S John, 5499 N Federal Hwy #D, Boca Raton, FL 33487, re: #37 Notice of Corporate Disclosure Statement Requirement returned marked: Return to Sender - Attempted Not Known - Unable to Forward. (Attachments: #1 Return for Frank Benedetto) (crt,Kennedy, T) |
| Filing 39 CORPORATE DISCLOSURE STATEMENT by Energy & Technology Corp. (aty,Daniel, David) |
| Filing 38 MEMORANDUM re Judge Melancon's chambers contact information. Issued by Clerk of Court on 8/24/2012. (crt,Williams, L) |
| Filing 37 NOTICE of Corporate Disclosure Statement Requirement re: #36 Response in Support (NOT Motions),, sent to David Patrick Daniel, Jr on behalf of Energy & Technology Corp. Corporate Disclosure Statement due by 8/31/2012. (crt,Kennedy, T) |
| Filing 36 RESPONSE in Support of Jursidiction by Energy & Technology Corp re #34 Order Requiring Submission on Jurisdictional Amount, . (Attachments: #1 Exhibit Contract, #2 Exhibit Affidavit Chris Johnson, #3 Exhibit Stock Value, #4 Exhibit ENGT 2011 Annual Report, #5 Exhibit Mirador 2011 Annual Report)(aty,Daniel, David) |
| Filing 35 MAIL RETURNED as Undeliverable: Mail sent to Brian S John, 5499 N Federal Hwy #D, Boca Raton, FL 33487, re: #32 Order Allowing Rule 26 Report, #34 Order Requiring Submission on Jurisdictional Amount, returned marked: return to Sender - Not Deliverable as Addressed, Unable to Forward. (Attachments: #1John, Document #34, #2 Benedetto, Document #34, #3 Benedetto, Document #32) (crt,Kennedy, T) |
|
Filing 34
ORDER Requiring Submission of Jurisdictional Briefs. Memorandum setting forth specific facts that support a finding that the parties are diverse in citizenship and that the amount in controversy exceeds the jurisdictional minimum ordered to be filed within twenty-one days from the date of this order, with reply brief allowed within seven days thereafter. Signed by Magistrate Judge Patrick J Hanna on 07/27/12. (crt,Yocum, M)
|
| Filing 33 RULE 26(f) Report by Frank Benedetto, Energy & Technology Corp, Brian S John, Mirador Consulting Inc. (crt,Yocum, M) |
|
Filing 32
ORDER: Having reviewed the Rule 26(f) Report and determined it to be complete, IT IS ORDERED that the Clerk of Court file it in the record. Signed by Magistrate Judge Patrick J Hanna on 07/27/12. (crt,Yocum, M)
|
| Filing 31 MAIL RETURNED as Undeliverable: Mail sent to Frank Benedetto, 5499 N Federal Hwy #D, Boca Raton, FL 33487, re: #28 Order, Set Hearings,, returned marked: Return to Sender, Not Deliverable as Addressed, Unable to Forward. (crt,Kennedy, T) |
| Filing 30 MAIL RETURNED as Undeliverable: Mail sent to Brian S John, 5499 N Federal Hwy #D, Boca Raton, FL 33487, re: #28 Order, Set Hearings,, returned marked: Return to Sender, Not Deliverable as Addressed, Unable to Forward. (crt,Kennedy, T) |
| Filing 29 MAIL RETURNED as Undeliverable: Mail sent to Brian S John, 5499 N Federal Hwy #D, Boca Raton, FL 33487, re: #26 Order on Proposed Plan of Work, returned marked: Return to Sender, Not Deliverable as Addressed, Unable to Forward. (Attachments: #1 Return for Frank Benedetto, 5499 N Federal Hwy #d, Boca Raton, FL 33487) (crt,Kennedy, T) |
|
Filing 28
ORDER: Bench Trial set for 5/20/2013 09:30 AM in Lafayette, Courtroom 3 before Judge Tucker L Melancon. Pretrial Conference set for 5/8/2013 02:00 PM before Judge Tucker L Melancon. Back-up Bench Trial set for 5/27/2013 09:30 AM in Lafayette, Courtroom 3 before Judge Tucker L Melancon. Signed by Judge Tucker L Melancon on 5/25/2012. (crt,Kennedy, T)
|
| Filing 27 Joint MOTION to Amend/Correct with consent Plan of Work by Frank Benedetto, Brian S John, Mirador Consulting Inc. Motions referred to Patrick J Hanna. (Attachments: #1 Text of proposed order)(aty,Doucet, Nicholas) |
|
Filing 26
ORDER denying #24 Joint Motion to Accept Proposed Plan of Work and the parties are to file a motion complying with the Courts April 4, 2012 instructions within 14 days of the entry of this order. Signed by Judge Tucker L Melancon on May 11, 2012. (crt,Bacon, C)
|
| Filing 25 NOTICE of Appearance by Thomas E Schwab on behalf of Frank Benedetto, Brian S John (aty,Schwab, Thomas) |
| Filing 24 Joint PROPOSED Plan of Work by Frank Benedetto, Energy & Technology Corp, Brian S John, Mirador Consulting Inc. (Attachments: #1 Proposed pleading)(aty,Doucet, Nicholas) |
|
Filing 23
ORDER : Within twenty-one (21) days of the date of the entry of this Order, theattorneys for the parties are to file a joint motion to accept proposed plan of work for the Courts consideration, using the undersigneds usual scheduling order as a guide, a copy of which is appended hereto, for all matters that require deadlines to be imposed in order to prepare this case for trial. After giving due consideration to the joint proposed plan of work, the Court will set the actual deadlines on which the date for the trial on the merits will be based. Signed by Judge Tucker L Melancon on 4/4/2012. (Attachments: #1 Sample Scheduling Order)(crt,Kennedy, T)
|
| Filing 22 CORPORATE DISCLOSURE STATEMENT by Mirador Consulting Inc. (aty,Schwab, Thomas) |
| Filing 21 ANSWER to #1 Complaint, with Affirmative Defenses by Mirador Consulting Inc.(aty,Schwab, Thomas) |
|
Filing 20
ORDER granting 19 Motion to Set Aside Default against Mirador Consulting, Inc.IT IS FURTHER ORDERED that Mirador Consulting, Inc. is to respond to thecomplaint herein within fifteen (15) days after the entry of this Order. Signed by Judge Tucker L Melancon on 1/23/2012. (crt,Kennedy, T)
|
| Filing 19 MOTION for Extension of Time to File Answer re #1 Complaint by Mirador Consulting Inc. Motions referred to Patrick J Hanna. ADMINISTRATIVE ENTRY as 19 Motion to Set Aside electronically filed without selecting all reliefs requested in motion. (crt,Alexander, E) |
| Motions Transferred regarding 19 MOTION for Extension of Time to File Answer re #1 Complaint. Motions referred to Tucker L Melancon. (crt,Alexander, E) |
| Motions Transferred regarding 19 MOTION for Extension of Time to File Answer re #1 Complaint, 19 MOTION to Set Aside Default. Motions referred to Tucker L Melancon. (crt,Alexander, E) |
| Filing 19 Ex Parte MOTION to Set Aside #13 Clerk's Entry of Default by Mirador Consulting Inc. Motions referred to Patrick J Hanna. (Attachments: #1 Memorandum / Brief In Support of Motion, #2 Exhibit A (E-Mail exchange between counsel), #3 Exhibit B (Affidavit of Benedetto), #4 Text of proposed order)(aty,Schwab, Thomas) |
|
Filing 18
ORDER granting #15 Motion to Enroll as Counsel. Added as counsel Nicholas D Doucet for Mirador Consulting Inc. Signed by Magistrate Judge Patrick J Hanna on 1/9/2012. (crt,Alexander, E)
|
| Filing 17 NOTICE of Deficiency to Thomas E Schwab on behalf of Mirador Consulting Inc regarding #16 DEFICIENT ? MOTION for Extension of Time to File Answer with consent sought but not yet obtained. Reason: The document was filed on behalf of a party against which default has been entered. The only pleading permissible from a party in default is a motion to set aside the default. (crt,Alexander, E) |
| Filing 16 DEFICIENT MOTION for Extension of Time to File Answer with consent sought but not yet obtained by Mirador Consulting Inc. Motions referred to Patrick J Hanna. (Attachments: #1 Memorandum / Brief, #2 Text of proposed order)(aty,Schwab, Thomas) Modified on 1/6/2012 to reflect submission is deficient. (Alexander, E) Modified on 1/20/2012 to remove "?" from docket text. Motion resubmitted in its entirety as document 19 . (Alexander, E) |
| Filing 15 Ex Parte MOTION for Nicholas D. Doucet and Thomas E. Schwab to Enroll as Counsel by Mirador Consulting Inc. Motions referred to Patrick J Hanna. (Attachments: #1 Text of proposed order)(aty,Schwab, Thomas) |
| Filing 14 NOTICE of Deficiency to David Patrick Daniel, Jr on behalf of Entergy & Technology Corp regarding #12 DEFICIENT ? MOTION for Default Judgment as to Mirador Consulting Inc. Reason: This motion requires a memorandum in support. Please see LR7.4 for more specific information. (crt,Alexander, E) |
| Filing 13 CLERK'S ENTRY OF DEFAULT as to Mirador Consulting Inc. (crt,Alexander, E) |
| Filing 12 DEFICIENT MOTION for Default Judgment as to Mirador Consulting Inc by Entergy & Technology Corp. Motions referred to Patrick J Hanna. (Attachments: #1 Exhibit)(aty,Daniel, David) Modified on 12/28/2011 to reflect submission is deficient. (Alexander, E) Modified on 2/22/2012 to remove question mark (Dunford, T). |
| Filing 11 MOTION/REQUEST for Entry of Default as to Mirador Consulting, Inc. by Entergy & Technology Corp. Motions referred to Patrick J Hanna. (aty,Daniel, David) |
|
Filing 10
ELECTRONIC ORDER denying #3 Motion for waiver of requirement for local counsel. Mirador has not shown, as opposed to stating in conclusory fashion, how Mirador would suffer great hardship if they are required to employ local counsel. Mr. Paradiso has not been admitted pro hac vice nor applied to be so admitted. Signed by Magistrate Judge Patrick J Hanna on 12/01/2011. (jud,Hanna, Patrick)
|
| Filing 9 AFFIDAVIT of Service for Summons abd Complaint served on Frank Benedetto as Director for Mirador Consulting, Inc. on 11/16/2011, filed by Entergy & Technology Corp. (aty,Daniel, David) |
| Filing 8 AFFIDAVIT of Service for Summons and Complaint served on Frank Benedetto on 11/16/2011, filed by Entergy & Technology Corp. (aty,Daniel, David) |
| Filing 7 AFFIDAVIT of Service for Summons and Complaint served on Brian S. John on 11/16/2011, filed by Entergy & Technology Corp. (aty,Daniel, David) |
| SUMMONS Returned Executed by Entergy & Technology Corp. Brian S John served on 11/16/2011, answer due 12/7/2011; Frank Benedetto served on 11/16/2011, answer due 12/7/2011; Mirador Consulting Inc served on 11/16/2011, answer due 12/7/2011. ADMINISTRATIVE ENTRY as pleading electronically filed in error as #7 Affidavit of Service, #8 Affidavit of Service, #9 Affidavit of Service, respectively. (crt,Alexander, E) |
| Filing 6 NOTICE of Deficiency to Don A Paradiso on behalf of Mirador Consulting Inc regarding #3 DEFICIENT ? MOTION for Waiver of Requirements for Local Counsel. Reason: Either no proposed order accompanied this motion or the proposed order was not on a separate page. (crt,Alexander, E) |
| Filing 5 ANSWER to #1 Complaint by Brian S John.(crt,Alexander, E) |
| Filing 4 ANSWER to #1 Complaint by Frank Benedetto.(crt,Alexander, E) |
| Filing 3 DEFICIENT MOTION for Waiver of Requirements for Local Counsel by Mirador Consulting Inc. Motions referred to Patrick J Hanna. (crt,Alexander, E) Modified on 12/22/2011 to remove "?" from docket text. See 10 Electronic Order on motion. (Alexander, E) |
| Filing 2 SUMMONS ISSUED as to Frank Benedetto, Brian S John, Mirador Consulting Inc (crt,Thigpen, M) |
| CASE Assigned to Judge Tucker L Melancon and Magistrate Judge Patrick J Hanna. (crt,Thigpen, M) |
| Filing 1 COMPLAINT against Mirador Consulting Inc; Filing fee $350, receipt number 0536-1761772). Filed by Entergy & Technology Corp. (Attachments: #1 Civil cover sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons)(aty,Daniel, David) Modified on 9/23/2011 to modify text, filing fee received.(Thigpen, M). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Louisiana Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
