Cal Dive International Inc et al v. Schmidt et al
Plaintiff: Cal Dive International Inc and Underwriters Severally Subscribing Lloyds Policy PE0903008
Defendant: Andrew Schmidt, Thomas R Edwards, Thomas R Edwards Inc A P L C, Joseph W Walker, B H G Structured Settlements Inc and Berkshire Hathaway Life Insurance Co of Nebraska
Case Number: 6:2014cv03033
Filed: October 15, 2014
Court: US District Court for the Western District of Louisiana
Office: Lafayette Office
County: Lafayette
Presiding Judge: Richard T Haik
Referring Judge: C Michael Hill
Nature of Suit: Contract: Marine
Cause of Action: 46 U.S.C. § 30104
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 12, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 12, 2016 Opinion or Order Filing 103 USCA JUDGMENT/MANDATE (certified copy) as to #87 Notice of Appeal and #100 Amended Notice of Appeal filed by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008. It is ordered and adjudged that the judgment of the District Court is AFFIRMED. IT IS FURTHER ORDERED that plaintiffs-appellants pay to defendants-appellees the costs on appeal to be taxed by the Clerk of this Court. (crt,WalkerSld, B)
August 4, 2015 Opinion or Order FORWARDED SEALED DOCUMENTS IN APPEAL RECORD to Richard C Stanley regarding #87 Notice of Appeal. Record sent on disc via US Mail. (crt,Lundy, N)
August 3, 2015 Opinion or Order Filing 102 ORDER of USCA as to #87 Notice of Appeal, filed by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008 that it is Ordered that the unopposed motion of appellees Andrew Schmidt, Thomas R. Edwards, Thomas R. Edwards, Inc., A.P.L.C., and Joseph W. Walker to view all sealed documents in the record on appeal is GRANTED. (crt,WalkerSld, B)
July 29, 2015 Opinion or Order FORWARDED APPEAL RECORD to Richard C Stanley on behalf of Thomas R Edwards, Thomas R Edwards Inc A P L C regarding #87 Notice of Appeal. Record sent via E-mail. (crt,Lundy, N)
June 22, 2015 Opinion or Order Filing 101 ORDER of USCA as to #87 Notice of Appeal, filed by Cal Dive International Inc & Underwriters Severally Subscribing Lloyds Policy PE0903008 that appellants unopposed motion to view all sealed documents in the record on appeal is GRANTED. (crt,WalkerSld, B)
June 17, 2015 Opinion or Order FORWARDED APPEAL RECORD to Joelle F Evans on behalf of Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008 regarding #87 Notice of Appeal, #100 Amended Notice of Appeal. Record sent via E-mail. (crt,Lundy, N)
June 16, 2015 Opinion or Order ELECTRONICALLY CERTIFIED Record on Appeal to US Court of Appeals re #87 Notice of Appeal, #100 Amended Notice of Appeal. Docket entries numbered 26, 27, 37, 38, 42, 51, 57, 61, 77, 84, 85, 90, 95, 98, are SEALED/RESTRICTED. To obtain the Record on Appeal, please log into CM/ECF and select Request for Record on Appeal event under the Appeal Documents category. (crt,Lundy, N)
May 27, 2015 Opinion or Order Set Deadline for the Clerk re #87 Notice of Appeal: Certify Appeal Record by 6/11/2015. (crt,WalkerSld, B)
May 11, 2015 Opinion or Order Filing 100 AMENDED NOTICE OF APPEAL as to #87 Notice of Appeal, by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008 . (aty,Evans, Joelle)
May 7, 2015 Opinion or Order Filing 99 MEMORANDUM ORDER denying #81 Motion to Alter Judgment; denying #81 Motion to Amend/Correct Complaint; denying as moot #90 Sealed Motion to Strike. Signed by Judge Richard T Haik, Sr on 5/7/2015. (crt,Dauterive, C)
April 23, 2015 Opinion or Order Filing 98 SEALED DOCUMENT: PROPOSED First Supplemental and Amended Complaint by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008. ***See #81 MOTION to Alter Judgment, MOTION to Amend/Correct Complaint. (crt,Dauterive, C)
April 23, 2015 Opinion or Order Filing 97 ORDER granting #95 Sealed Motion For Leave to Substitute Exhibit Under Seal. Signed by Judge Richard T Haik, Sr on 4/23/2015. (crt,Dauterive, C)
April 22, 2015 Opinion or Order Filing 96 MEMORANDUM in Opposition re #90 SEALED MOTION to Strike re #81 Motion to Amend/Correct Complaint, #84 SEALED Proposed First Supplemental and Amended Complaint filed by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008. (aty,Evans, Joelle)
April 22, 2015 Opinion or Order Filing 95 SEALED MOTION For Leave to Substitute Exhibit Under Seal by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008. Motions referred to C Michael Hill. (Attachments: #1 Proposed exhibit, #2 Proposed order)(aty,Evans, Joelle)
April 22, 2015 Opinion or Order USCA Case Number 15-30300 for #87 Notice of Appeal, filed by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008. (crt,Lundy, N)
April 22, 2015 Opinion or Order Motions Transferred regarding #95 SEALED MOTION For Leave to Substitute Exhibit Under Seal. Motions referred to Richard T Haik, Sr. (crt,Dauterive, C)
April 13, 2015 Opinion or Order Filing 94 REPLY to Response to Motion re #81 MOTION to Alter Judgment, MOTION to Amend/Correct Complaint filed by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008. (crt,Dauterive, C)
April 13, 2015 Opinion or Order Filing 93 ORDER granting #92 Motion for Leave to File Memorandum in Reply; granting #92 Motion for Leave to File Excess Pages. Signed by Judge Richard T Haik, Sr on 4/13/2015. (crt,Dauterive, C)
April 10, 2015 Opinion or Order Motions Transferred regarding #92 MOTION for Leave to File Memorandum in Reply, MOTION for Leave to File Excess Pages. Motions referred to Richard T Haik, Sr. (crt,Dauterive, C)
April 10, 2015 Opinion or Order Filing 92 MOTION for Leave to File Memorandum in Reply, MOTION for Leave to File Excess Pages with consent by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008. Motions referred to C Michael Hill. (Attachments: #1 Proposed pleading, #2 Proposed order)(aty,Evans, Joelle). Added MOTION for Leave to File Excess Pages on 4/13/2015 (Dauterive, C).
April 9, 2015 Opinion or Order Filing 91 NOTICE of Motion Setting with oral argument regarding: #90 SEALED MOTION to Strike. Motions referred to Richard T Haik, Sr. Motion day set for 5/14/2015 09:30 AM in Lafayette, Courtroom 1 before Judge Richard T Haik Sr. (crt,Dauterive, C)
April 8, 2015 Opinion or Order Filing 90 SEALED MOTION to Strike re #81 Motion to Amend/Correct Complaint, #84 SEALED Proposed First Supplemental and Amended Complaint by Andrew Schmidt, Joseph W Walker. (Attachments: #1 Memorandum in Support, #2 Exhibits)(crt,Dauterive, C)
April 8, 2015 Opinion or Order Filing 89 ORDER granting #85 Sealed Motion to File Pleadings Under Seal. Signed by Judge Richard T Haik, Sr on 4/8/2015. (crt,Dauterive, C)
April 4, 2015 Opinion or Order Filing 88 MEMORANDUM in Opposition re #81 MOTION to Alter Judgment, MOTION to Amend/Correct Complaint filed by Andrew Schmidt, Joseph W Walker. (aty,Schoeffler, Gordon)
April 3, 2015 Opinion or Order Motions Transferred regarding #85 SEALED MOTION to File Pleadings Under Seal. Motions referred to Richard T Haik, Sr. (crt,Dauterive, C)
April 3, 2015 Opinion or Order Filing 87 NOTICE OF APPEAL as to #76 Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for More Definite Statement, Order on Sealed Motion, #75 Memorandum Ruling by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008. (Filing fee $505, receipt number 0536-2767275) Appeal Record due by 4/20/2015. (aty,Timpa, Andrea)
April 3, 2015 Opinion or Order Filing 86 MEMORANDUM in Opposition re #81 MOTION to Alter Judgment, MOTION to Amend/Correct Complaint filed by Thomas R Edwards, Thomas R Edwards Inc A P L C. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(aty,Thornton, Jennifer)
April 3, 2015 Opinion or Order Filing 85 SEALED MOTION to File Pleadings Under Seal by Andrew Schmidt, Joseph W Walker. Motions referred to C Michael Hill. (Attachments: #1 Rule 7.4.1 Certificate, #2 Text of proposed order, #3 Proposed Motion to Strike, #4 Proposed Memorandum in Support, #5 Proposed exhibit)(aty,Schoeffler, Gordon) Modified on 4/6/2015 to edit text (Dauterive, C).
March 16, 2015 Opinion or Order Filing 84 SEALED DOCUMENT: PROPOSED First Supplemental and Amended Complaint by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008. ***See #81 Motion to Alter Judgment, Motion to Amend/Correct Complaint. (crt,Dauterive, C) Modified on 4/24/2015 to indicate Proposed Sealed Supplemental and Amended Complaint has been substituted pursuant to #97 Order and is now document #98 (Dauterive, C).
March 16, 2015 Opinion or Order Filing 83 ORDER granting #77 Sealed Motion for Leave to File Exhibit Under Seal. Signed by Judge Richard T Haik, Sr on 3/16/2015. (crt,Dauterive, C)
March 16, 2015 Opinion or Order Filing 82 NOTICE of Motion Setting with oral argument regarding: #81 MOTION to Alter Judgment, MOTION to Amend/Correct Complaint. Motions referred to Richard T Haik, Sr. Motion day set for 5/14/2015 09:30 AM in Lafayette, Courtroom 1 before Judge Richard T Haik Sr. (crt,Dauterive, C)
March 13, 2015 Opinion or Order Filing 81 MOTION to Alter Judgment re #76 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion for More Definite Statement, Order on Sealed Motion, MOTION to Amend/Correct Complaint with opposition by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008. Motions referred to C Michael Hill. (Attachments: #1 Memorandum / Brief)(aty,Evans, Joelle) Added MOTION to Amend/Correct on 3/16/2015 (Dauterive, C). Modified on 3/16/2015 to more accurately identify document (Dauterive, C). Modified on 3/17/2015 to indicate PROPOSED SEALED Amended Complaint filed as document #84 (Dauterive, C). Modified on 4/24/2015 to indicate PROPOSED Sealed Amended Complaint has been substituted pursuant to #97 Order and is now document #98 (Dauterive, C).
March 13, 2015 Opinion or Order Filing 80 NOTICE of Deficiency to Joelle F Evans on behalf of Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008 regarding #79 MOTION to Alter Judgment re #76 Judgment. Reason: A table of contents and table of cases, statutes and other authorities is required for a brief which exceeds ten pages. (crt,Alexander, E)
March 13, 2015 Opinion or Order Filing 79 DEFICIENT MOTION to Alter Judgment re #76 Judgment, MOTION to Amend/Correct Complaint by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008. Motions referred to C Michael Hill. (Attachments: #1 Memorandum / Brief)(aty,Evans, Joelle) Modified to more accurately identify motion and to reflect pleading is deficient on 3/13/2015. (Alexander, E). Added MOTION to Amend/Correct on 3/16/2015 (Dauterive, C). Modified on 3/16/2015 to reflect corrected and refiled in its entirety as document #81 (Dauterive, C).
March 13, 2015 Opinion or Order Filing 78 PROPOSED ORDER/JUDGMENT by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008 re #77 Sealed Motion,. (aty,Evans, Joelle)
March 13, 2015 Opinion or Order Filing 77 SEALED MOTION for Leave to File Exhibit Under Seal by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008. Motions referred to C Michael Hill. (Attachments: #1 Proposed Exhibit)(aty,Evans, Joelle) Modified to remove excess text on 3/13/2015. (Alexander, E)
March 13, 2015 Opinion or Order Motions Transferred regarding #77 SEALED MOTION for Leave to File Exhibit Under Seal, #79 MOTION to Alter Judgment re #76 Judgment. Motions referred to Richard T Haik, Sr. (crt,Alexander, E)
March 4, 2015 Opinion or Order Filing 76 JUDGMENT....In accordance with the Memorandum Ruling issued on this date, granting #25 Motion to Dismiss for Failure to State a Claim; granting #28 Motion to Dismiss for Failure to State a Claim; mooting #29 Motion for More Definite Statement; granting #37 Sealed Motion; mooting #38 Sealed Motion; granting #45 Motion to Dismiss for Failure to State a Claim; granting #46 Motion to Dismiss for Failure to State a Claim; granting #47 Motion to Dismiss for Failure to State a Claim. Signed by Judge Richard T Haik, Sr on 3/3/15. (crt,Jordan, P)
March 4, 2015 Opinion or Order Filing 75 MEMORANDUM RULING re #37 SEALED MOTION to Dismiss filed by Joseph W Walker, #28 MOTION to Dismiss For Failure to State a Claim filed by Andrew Schmidt, #25 MOTION to Dismiss For Failure to State a Claim filed by Thomas R Edwards Inc A P L C, Thomas R Edwards. Signed by Judge Richard T Haik, Sr on 3/3/15. (crt,Jordan, P)
March 4, 2015 Opinion or Order Filing 74 REPLY to Response to Motion re #45 MOTION to Dismiss Crossclaim For Failure to State a Claim filed by Thomas R Edwards Inc A P L C. (crt,Dauterive, C)
March 4, 2015 Opinion or Order Filing 73 ORDER granting #62 Motion for Leave to File Reply Memorandum. Signed by Judge Richard T Haik, Sr on 3/2/2015. (crt,Dauterive, C)
February 20, 2015 Opinion or Order Filing 72 MINUTES for proceedings held before Magistrate Judge C Michael Hill: granting #67 Motion for Protective Order; MOTION HEARING held on 2/20/2015 re #67 MOTION for Protective Order filed by Andrew Schmidt. (crt,Chicola, C)
February 16, 2015 Opinion or Order Filing 71 MEMORANDUM in Opposition re #67 MOTION for Protective Order filed by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008. (Attachments: #1 Exhibit 1: Schonekas Letter, dated December 18, 2014, #2 Exhibit 2: Joseph Joy Letter, dated December 29, 2014, #3 Exhibit 3: Schonekas Letter, dated January 2, 2015, #4 Exhibit 4: Schonekas Evans Email, dated January 7, 2015, #5 Exhibit 5: Schonekas Evans Letter, dated February 4, 2015)(aty,Evans, Joelle)
February 12, 2015 Opinion or Order Filing 70 ORDER granting #68 Motion to Expedite. Signed by Magistrate Judge C Michael Hill on 2/12/2015. (crt,Dauterive, C)
February 12, 2015 Opinion or Order Filing 69 ORDER Setting #67 MOTION for Protective Order : Motion set for 2/20/2015 11:00 AM by phone before Magistrate Judge C Michael Hill. Movant to initiate the telephone call. Signed by Magistrate Judge C Michael Hill on 2/12/2015. (crt,Chicola, C)
February 11, 2015 Opinion or Order Filing 68 MOTION to Expedite consideration of #67 MOTION for Protective Order by Andrew Schmidt. Motions referred to C Michael Hill. (Attachments: #1 Memorandum / Brief, #2 Text of proposed order)(aty,Joy, Joseph)
February 11, 2015 Opinion or Order Filing 67 MOTION for Protective Order by Andrew Schmidt. Motions referred to C Michael Hill. (Attachments: #1 Memorandum / Brief, #2 Exhibit, #3 Certificate re efforts to resolve-LR 37.1, #4 Text of proposed order)(aty,Joy, Joseph)
February 11, 2015 Opinion or Order Filing 66 ORDER: IT IS ORDERED that Rec. Doc. #64 be, and is hereby, VACATED. The Motions will be heard by Judge Haik (see #65 Order resetting motions). Signed by Magistrate Judge C Michael Hill on 2/11/2015. (crt,Dauterive, C)
February 11, 2015 Opinion or Order Motions Transferred regarding #29 MOTION for More Definite Statement, #38 SEALED MOTION for More Definite Statement. Motions referred to Richard T Haik, Sr. (crt,Dauterive, C)
February 10, 2015 Opinion or Order Filing 65 ORDER granting #63 Motion to Continue Hearing on Motion for More Definite Statement. The hearing on all Defendants' Motions for More Definite Statement are continued from February 18, 2015 to March 12, 2015 re #29 MOTION for More Definite Statement, #38 SEALED MOTION for More Definite Statement: Motion day RESET for 3/12/2015 09:30 AM in Lafayette, Courtroom 1 before Judge Richard T Haik Sr. Signed by Judge Richard T Haik, Sr on 2/10/2015. (crt,Dauterive, C)
February 10, 2015 Opinion or Order Filing 64 (VACATED) ORDER granting #63 Motion to Continue Hearing on Motion for More Definite Statement. The hearing on all Defendants' Motions for More Definite Statement are continued from February 18, 2015 to March 12, 2015. Signed by Magistrate Judge C Michael Hill on 2/10/2015. (crt,Dauterive, C) Modified on 2/11/2015 to reflect Order is "Vacated", see #66 Order (Dauterive, C).
February 9, 2015 Opinion or Order Filing 63 Unopposed MOTION to Continue Hearing on Motion for More Definite Statement with consent by Joseph W Walker. Motions referred to C Michael Hill. (Attachments: #1 Text of proposed order, #2 LR 7.4.1 W Certificate)(aty,Schoeffler, Gordon)
February 6, 2015 Opinion or Order Motions Transferred regarding #62 MOTION for Leave to File Reply Memorandum with consent . Motions referred to Richard T Haik, Sr. (crt,Dauterive, C)
February 6, 2015 Opinion or Order Filing 62 MOTION for Leave to File Reply Memorandum with consent by Thomas R Edwards, Thomas R Edwards Inc A P L C. Motions referred to C Michael Hill. (Attachments: #1 Proposed Reply Memorandum, #2 Proposed order)(aty,Horn, Elizabeth) Modified on 2/9/2015 to edit text (Dauterive, C).
February 3, 2015 Opinion or Order Filing 61 SEALED DOCUMENT: SUR-REPLY to Reply to Response to Motion re #25 MOTION to Dismiss For Failure to State a Claim, #28 MOTION to Dismiss For Failure to State a Claim and #37 SEALED MOTION to Dismiss, by Cal Dive International Inc and Underwriters Severally Subscribing Lloyds Policy PE0903008. (crt,Dauterive, C)
February 3, 2015 Opinion or Order Filing 60 ORDER granting #57 Sealed Motion to File Sur-Reply Under Seal. Signed by Judge Richard T Haik, Sr on 2/2/2015. (crt,Dauterive, C)
February 2, 2015 Opinion or Order Filing 59 MEMORANDUM in Opposition re #45 MOTION to Dismiss Crossclaim For Failure to State a Claim, #46 MOTION to Dismiss Crossclaim For Failure to State a Claim, #47 MOTION to Dismiss Crossclaim For Failure to State a Claim filed by B H G Structured Settlements Inc, Berkshire Hathaway Life Insurance Co of Nebraska. (aty,Meador, Lindsay)
January 30, 2015 Opinion or Order Motions Transferred regarding #57 Unopposed SEALED MOTION to File Sur-Reply Under Seal. Motions referred to Richard T Haik, Sr. (crt,Dauterive, C)
January 30, 2015 Opinion or Order Filing 58 MEMORANDUM in Opposition re #45 MOTION to Dismiss Crossclaim For Failure to State a Claim, #46 MOTION to Dismiss Crossclaim For Failure to State a Claim, #47 MOTION to Dismiss Crossclaim For Failure to State a Claim filed by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008. (aty,Evans, Joelle)
January 30, 2015 Opinion or Order Filing 57 Unopposed SEALED MOTION to File Sur-Reply Under Seal by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008. Motions referred to C Michael Hill. (Attachments: #1 Proposed order, #2 Proposed pleading)(aty,Evans, Joelle)
January 23, 2015 Opinion or Order Filing 56 REPLY to Response to Motion re #25 MOTION to Dismiss For Failure to State a Claim, #28 MOTION to Dismiss For Failure to State a Claim, #37 SEALED MOTION to Dismiss filed by Thomas R Edwards, Andrew Schmidt, Thomas R Edwards Inc A P L C, Joseph W Walker. (crt,Dauterive, C)
January 23, 2015 Opinion or Order Filing 55 ORDER granting #52 Motion for Leave to File Reply Memorandum. Signed by Judge Richard T Haik, Sr on 1/22/2015. (crt,Dauterive, C)
January 23, 2015 Opinion or Order Filing 54 ORDER granting #53 Motion to Continue Hearing. Oral Argument on Joseph Walker's Sealed Motion to Dismiss (Doc. No. 37) is hereby continued from February 19, 2015 to March 12, 2015. Signed by Judge Richard T Haik, Sr on 1/22/2015. (crt,Dauterive, C)
January 23, 2015 Opinion or Order Set/Reset Deadlines as to #37 SEALED MOTION to Dismiss. Motion day reset for 3/12/2015 09:30 AM in Lafayette, Courtroom 1 before Judge Richard T Haik Sr. (crt,Dauterive, C)
January 16, 2015 Opinion or Order Filing 53 Ex Parte MOTION to Continue Hearing on Joseph Walker's Motion to Dismiss Set on February 19, 2015 with consent by Thomas R Edwards, Thomas R Edwards Inc A P L C. Motions referred to C Michael Hill. (Attachments: #1 Proposed order)(aty,Thornton, Jennifer)
January 16, 2015 Opinion or Order Filing 52 Joint MOTION for Leave to File Reply Memorandum with consent by Thomas R Edwards, Andrew Schmidt, Thomas R Edwards Inc A P L C, Joseph W Walker. Motions referred to C Michael Hill. (Attachments: #1 Proposed pleading Reply Memorandum, #2 Proposed order)(aty,Thornton, Jennifer)
January 16, 2015 Opinion or Order Motions Transferred regarding #52 Joint MOTION for Leave to File Reply Memorandum with consent, #53 Ex Parte MOTION to Continue Hearing on Joseph Walker's Motion to Dismiss Set on February 19, 2015 with consent. Motions referred to Richard T Haik, Sr. (crt,Dauterive, C)
January 13, 2015 Opinion or Order Filing 51 SEALED DOCUMENT: MEMORANDUM in Opposition to Motions by Cal Dive International Inc and Underwriters Severally Subscribing Lloyds Policy PE0903008 re #37 SEALED MOTION to Dismiss, #29 MOTION for More Definite Statement , #28 MOTION to Dismiss For Failure to State a Claim, #38 SEALED MOTION for More Definite Statement, #25 MOTION to Dismiss For Failure to State a Claim. (Attachments: #1 Exhibit)(crt,Dauterive, C)
January 13, 2015 Opinion or Order Filing 50 ORDER granting #42 Sealed Motion to file Memorandum in Opposition Under Seal. Signed by Judge Richard T Haik, Sr on 1/13/2015. (crt,Dauterive, C)
January 13, 2015 Opinion or Order Filing 49 ORDER granting #41 Motion to Continue Oral Argument on Pending Motions to Dismiss. Oral Argument on #25 MOTION to Dismiss For Failure to State a Claim by Thomas R Edwards, Thomas R Edwards Inc A P L C and #28 MOTION to Dismiss For Failure to State a Claim by Andrew Schmidt are continued to March 12, 2015 at 9:30 AM. Signed by Judge Richard T Haik, Sr on 1/13/2015. (crt,Dauterive, C)
January 13, 2015 Opinion or Order Filing 48 NOTICE of Motions Setting with oral argument regarding: #45 MOTION to Dismiss Crossclaim For Failure to State a Claim, #46 MOTION to Dismiss Crossclaim For Failure to State a Claim and #47 MOTION to Dismiss Crossclaim For Failure to State a Claim. Motions referred to Richard T Haik, Sr. Motion day set for 3/12/2015 09:30 AM in Lafayette, Courtroom 1 before Judge Richard T Haik Sr. (crt,Dauterive, C)
January 13, 2015 Opinion or Order Set/Reset Deadlines as to #28 MOTION to Dismiss For Failure to State a Claim. Motion day reset for 3/12/2015 09:30 AM in Lafayette, Courtroom 1 before Judge Richard T Haik Sr. (crt,Dauterive, C)
January 13, 2015 Opinion or Order Set/Reset Deadlines as to #25 MOTION to Dismiss For Failure to State a Claim. Motion day reset for 3/12/2015 09:30 AM in Lafayette, Courtroom 1 before Judge Richard T Haik Sr. (crt,Dauterive, C)
January 12, 2015 Opinion or Order Filing 47 MOTION to Dismiss Crossclaim For Failure to State a Claim by Joseph W Walker. (Attachments: #1 Memorandum / Brief in Support, #2 Text of proposed order)(aty,Schoeffler, Gordon) Modified on 1/13/2015 to edit text (Dauterive, C).
January 12, 2015 Opinion or Order Filing 46 MOTION to Dismiss Crossclaim For Failure to State a Claim by Andrew Schmidt. (Attachments: #1 Memorandum / Brief in Support, #2 Text of proposed order)(aty,Joy, Joseph) Modified on 1/13/2015 to edit text (Dauterive, C).
January 12, 2015 Opinion or Order Filing 45 MOTION to Dismiss Crossclaim For Failure to State a Claim by Thomas R Edwards, Thomas R Edwards Inc A P L C. (Attachments: #1 Memorandum / Brief)(aty,Thornton, Jennifer) Modified on 1/13/2015 to edit text (Dauterive, C).
January 12, 2015 Opinion or Order Filing 44 ANSWER to #34 Counterclaim and Crossclaim by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008.(aty,Evans, Joelle) Modified on 1/13/2015 to edit text (Dauterive, C).
January 9, 2015 Opinion or Order Motions Transferred regarding #42 SEALED MOTION to file Memorandum in Opposition Under Seal. Motions referred to Richard T Haik, Sr. (crt,Dauterive, C)
January 9, 2015 Opinion or Order Filing 43 MEMORANDUM in Opposition re #37 SEALED MOTION to Dismiss, #28 MOTION to Dismiss For Failure to State a Claim, #25 MOTION to Dismiss For Failure to State a Claim filed by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008. (Attachments: #1 Exhibit)(aty,Evans, Joelle)
January 9, 2015 Opinion or Order Filing 42 SEALED MOTION to file Memorandum in Opposition Under Seal by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008. Motions referred to C Michael Hill. (Attachments: #1 Proposed order, #2 Proposed Memorandum in Opposition, #3 Exhibit 1 to Proposed Pleading)(aty,Evans, Joelle) Modified on 1/12/2015 to edit text (Dauterive, C).
January 9, 2015 Opinion or Order Filing 41 MOTION to Continue Oral Argument on Pending Motions to Dismiss with consent by Thomas R Edwards, Thomas R Edwards Inc A P L C. Motions referred to C Michael Hill. (Attachments: #1 Proposed order)(aty,Thornton, Jennifer)
January 9, 2015 Opinion or Order Motions Transferred regarding #41 MOTION to Continue Oral Argument on Pending Motions to Dismiss with consent. Motions referred to Richard T Haik, Sr. (crt,Dauterive, C)
December 30, 2014 Opinion or Order Filing 40 NOTICE of Motion Setting with oral argument regarding: #38 SEALED MOTION for More Definite Statement. Motions referred to C Michael Hill. Motion day set for 2/18/2015 10:00 AM in Lafayette, Courtroom 6 before Magistrate Judge C Michael Hill. (crt,Dauterive, C)
December 30, 2014 Opinion or Order Filing 39 NOTICE of Motion Setting with oral argument regarding: #37 SEALED MOTION to Dismiss. Motions referred to Richard T Haik, Sr. Motion day set for 2/19/2015 09:30 AM in Lafayette, Courtroom 1 before Judge Richard T Haik Sr. (crt,Dauterive, C)
December 29, 2014 Opinion or Order Filing 38 SEALED MOTION for More Definite Statement by Joseph W Walker. Motions referred to C Michael Hill. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Proposed Order)(crt,Dauterive, C)
December 29, 2014 Opinion or Order Filing 37 SEALED MOTION to Dismiss by Joseph W Walker. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Proposed Order)(crt,Dauterive, C)
December 29, 2014 Opinion or Order Filing 36 ORDER granting #30 Motion to Seal Motion to Dismiss and Motion for More Definite Statement. Signed by Judge Richard T Haik, Sr on 12/29/2014. (crt,Dauterive, C)
December 22, 2014 Opinion or Order Filing 35 ORDER granting #24 Motion to Substitute Attorney Jennifer L. Thornton, Richard C. Stanley, Elizabeth S. Horn in place of Joseph R. Joy, III, Gordon James Shoeffler. Added attorney Richard C Stanley and Elizabeth Swingle Horn for Thomas R Edwards and Thomas R Edwards Inc A P L C. Attorney Joseph R Joy, III and Gordon James Schoeffler terminated. Signed by Magistrate Judge C Michael Hill on 12/22/2014. (crt,Dauterive, C)
December 22, 2014 Opinion or Order Filing 34 ANSWER to #1 Complaint, CROSSCLAIM against Joseph W Walker, Thomas R Edwards, Andrew Schmidt, Thomas R Edwards Inc A P L C, COUNTERCLAIM against Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008 by Berkshire Hathaway Life Insurance Co of Nebraska, B H G Structured Settlements Inc. (Attachments: #1 Exhibit, #2 Exhibit)(aty,Meador, Lindsay) Modified on 12/23/2014 to edit text (Dauterive, C).
December 22, 2014 Opinion or Order Filing 33 NOTICE of Motion Setting with oral argument regarding: #29 MOTION for More Definite Statement. Motions referred to C Michael Hill. Motion day set for 2/18/2015 10:00 AM in Lafayette, Courtroom 6 before Magistrate Judge C Michael Hill. (crt,Dauterive, C)
December 22, 2014 Opinion or Order Filing 32 NOTICE of Motion Setting with oral argument regarding: #28 MOTION to Dismiss For Failure to State a Claim. Motions referred to Richard T Haik, Sr. Motion day set for 2/19/2015 09:30 AM in Lafayette, Courtroom 1 before Judge Richard T Haik Sr. (crt,Dauterive, C)
December 22, 2014 Opinion or Order Filing 31 NOTICE of Motion Setting with oral argument regarding: #25 MOTION to Dismiss For Failure to State a Claim. Motions referred to Richard T Haik, Sr. Motion day set for 2/19/2015 09:30 AM in Lafayette, Courtroom 1 before Judge Richard T Haik Sr. (crt,Dauterive, C)
December 22, 2014 Opinion or Order Filing 30 Unopposed MOTION to Seal Document #26 Sealed Document, #27 Sealed Document by Joseph W Walker. (Attachments: #1 LR 7.4.1W Certificate, #2 Text of proposed order)(aty,Schoeffler, Gordon)
December 19, 2014 Opinion or Order Filing 29 MOTION for More Definite Statement by Andrew Schmidt. Motions referred to C Michael Hill. (Attachments: #1 Memorandum / Brief, #2 Text of proposed order)(aty,Joy, Joseph)
December 19, 2014 Opinion or Order Filing 28 MOTION to Dismiss For Failure to State a Claim by Andrew Schmidt. (Attachments: #1 Memorandum / Brief, #2 Text of proposed order)(aty,Joy, Joseph) Modified on 12/22/2014 to terminate additional motion relief (Dauterive, C).
December 19, 2014 Opinion or Order Filing 27 PROPOSED SEALED MOTION for More Definite Statement by Joseph W Walker. (Attachments: #1 Memorandum / Brief, #2 Exhibit A, #3 Text of proposed order)(aty,Schoeffler, Gordon) Modified on 12/22/2014 to edit text and reflect pleading is "Proposed"; see #30 Motion to Seal (Dauterive, C).
December 19, 2014 Opinion or Order Filing 26 PROPOSED SEALED MOTION to Dismiss For Failure to State a Claim by Joseph W Walker. (Attachments: #1 Memorandum / Brief, #2 Exhibit, #3 Text of proposed order)(aty,Schoeffler, Gordon) Modified on 12/22/2014 to edit text and reflect pleading is "Proposed"; see #30 Motion to Seal (Dauterive, C).
December 19, 2014 Opinion or Order Filing 25 MOTION to Dismiss For Failure to State a Claim by Thomas R Edwards, Thomas R Edwards Inc A P L C. (Attachments: #1 Memorandum / Brief)(aty,Thornton, Jennifer) Modified on 12/22/2014 to edit text (Dauterive, C).
December 18, 2014 Opinion or Order Filing 24 Ex Parte MOTION to Substitute Attorney Jennifer L. Thornton, Richard C. Stanley, Elizabeth S. Horn in place of Joseph R. Joy, III, Gordon James Shoeffler with consent by Thomas R Edwards, Thomas R Edwards Inc A P L C. Motions referred to C Michael Hill. (Attachments: #1 Proposed order)(Attorney Jennifer L Thornton added to party Thomas R Edwards(pty:dft), Attorney Jennifer L Thornton added to party Thomas R Edwards Inc A P L C(pty:dft))(aty,Thornton, Jennifer)
December 1, 2014 Opinion or Order Filing 23 ORDER granting #21 Motion to Appear Pro Hac Vice for appearance of Joseph M Kelleher for B H G Structured Settlements Inc and Berkshire Hathaway Life Insurance Co of Nebraska; granting #22 Motion to Appear Pro Hac Vice for appearance of Michael J Miller for B H G Structured Settlements Inc and Berkshire Hathaway Life Insurance Co of Nebraska. Signed by Magistrate Judge C Michael Hill on 12/1/2014. (crt,Dauterive, C)
November 26, 2014 Opinion or Order Filing 22 MOTION for Michael J. Miller to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-2672981) by B H G Structured Settlements Inc, Berkshire Hathaway Life Insurance Co of Nebraska. Motions referred to C Michael Hill. (Attachments: #1 Proposed order, #2 Certificate of good standing)(aty,Meador, Lindsay)
November 26, 2014 Opinion or Order Filing 21 MOTION for Joseph Kelleher to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-2672947) by B H G Structured Settlements Inc, Berkshire Hathaway Life Insurance Co of Nebraska. Motions referred to C Michael Hill. (Attachments: #1 Proposed order, #2 Certificate of good standing)(aty,Meador, Lindsay)
November 19, 2014 Opinion or Order Filing 20 CORPORATE DISCLOSURE STATEMENT by B H G Structured Settlements Inc, Berkshire Hathaway Life Insurance Co of Nebraska. (aty,Meador, Lindsay) Modified on 11/20/2014 to add Corporate Parent/Other Affiliates Colombia Insurance Co, B H Columbia Inc and Berkshire Hathaway Inc for B H G Structured Settlements Inc; and Berkshire Hathaway Inc and National Indemnity Co for Berkshire Hathaway Life Insurance Co (Dauterive, C).
November 13, 2014 Opinion or Order Filing 19 NOTICE of Corporate Disclosure Statement Requirement re: #17 Motion for Extension of Time to File Answer sent to Lindsay M Meador on behalf of B H G Structured Settlements Inc, Berkshire Hathaway Life Insurance Co of Nebraska. Corporate Disclosure Statement due by 11/28/2014. (crt,Dauterive, C)
November 12, 2014 Opinion or Order Filing 18 ORDER granting #17 Motion for Extension of Time to Answer re #1 Complaint. B H G Structured Settlements Inc answer due 12/22/2014; Berkshire Hathaway Life Insurance Co of Nebraska answer due 12/22/2014. Signed by Magistrate Judge C Michael Hill on 11/12/2014. (crt,Dauterive, C)
November 7, 2014 Opinion or Order Filing 17 MOTION for Extension of Time to File Answer re #1 Complaint with consent by B H G Structured Settlements Inc, Berkshire Hathaway Life Insurance Co of Nebraska. Motions referred to C Michael Hill. (Attachments: #1 Proposed order, #2 Exhibit)(Attorney Lindsay M Meador added to party B H G Structured Settlements Inc(pty:dft), Attorney Lindsay M Meador added to party Berkshire Hathaway Life Insurance Co of Nebraska(pty:dft))(aty,Meador, Lindsay) Modified to clean up text on 11/7/2014 (Yocum, M).
November 6, 2014 Opinion or Order Filing 16 SUMMONS Returned Executed by Underwriters Severally Subscribing Lloyds Policy PE0903008, Cal Dive International Inc. Berkshire Hathaway Life Insurance Co of Nebraska served on 11/5/2014, answer due 11/26/2014. (aty,Evans, Joelle)
November 4, 2014 Opinion or Order Filing 15 ORDER OF TRANSFER: This matter is related to 6:12-cv-0930 which is assigned to Judge Richard T Haik, Sr. Case reassigned to Judge Richard T Haik, Sr for all further proceedings as a related case. Judge Rebecca F Doherty no longer assigned to case. All pending motions and any future proceedings in this matter shall be heard by Judge Haik. Signed by Judge Rebecca F Doherty on 10/31/14. (crt,Whidden, C)
November 3, 2014 Opinion or Order Filing 14 ORDER granting #12 Motion for Extension of Time to Answer re #1 Complaint. Thomas R Edwards answer due 12/22/2014; Andrew Schmidt answer due 12/22/2014; Thomas R Edwards Inc A P L C answer due 12/22/2014; Joseph W Walker answer due 12/22/2014. Signed by Magistrate Judge C Michael Hill on 11/2/2014. (crt,Dauterive, C)
October 30, 2014 Opinion or Order Filing 13 CORPORATE DISCLOSURE STATEMENT by Thomas R Edwards Inc A P L C. (aty,Joy, Joseph)
October 30, 2014 Opinion or Order Filing 12 Unopposed MOTION for Extension of Time to File Answer with consent by Thomas R Edwards, Andrew Schmidt, Thomas R Edwards Inc A P L C, Joseph W Walker. Motions referred to C Michael Hill. (Attachments: #1 Rule 7.4.1W Certificate, #2 Text of proposed order)(Attorney Joseph R Joy, III added to party Thomas R Edwards(pty:dft), Attorney Joseph R Joy, III added to party Andrew Schmidt(pty:dft), Attorney Joseph R Joy, III added to party Thomas R Edwards Inc A P L C(pty:dft), Attorney Joseph R Joy, III added to party Joseph W Walker(pty:dft))(aty,Joy, Joseph)
October 28, 2014 Opinion or Order NOTICE of Corrective Action to Joelle F Evans on behalf of Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008 regarding #11 Summons Returned Executed as to Berkshire Hathaway Life Insurance Co of Nebrask. Action taken: Modified docket entry to correctly reflect Summons Returned "Unexecuted"- Service of the complaint is not considered properly executed (service within the State of Louisiana cannot be effected through certified mail); therefore answer deadline has been terminated and serviced executed date removed. (crt,Dauterive, C)
October 28, 2014 Opinion or Order Filing 11 SUMMONS Returned Unexecuted by Underwriters Severally Subscribing Lloyds Policy PE0903008, Cal Dive International Inc as to Berkshire Hathaway Life Insurance Co of Nebrask. (Attachments: #1 Signed Green Card)(aty,Evans, Joelle) Modified on 10/29/2014 to reflect summons returned "Unexecuted" and to terminate service and answer due date (Dauterive, C).
October 23, 2014 Opinion or Order Filing 10 SUMMONS Returned Executed by Underwriters Severally Subscribing Lloyds Policy PE0903008, Cal Dive International Inc. Thomas R Edwards Inc A P L C served on 10/17/2014, answer due 11/7/2014. (aty,Evans, Joelle)
October 23, 2014 Opinion or Order Filing 9 SUMMONS Returned Executed by Underwriters Severally Subscribing Lloyds Policy PE0903008, Cal Dive International Inc. Thomas R Edwards served on 10/17/2014, answer due 11/7/2014. (aty,Evans, Joelle)
October 23, 2014 Opinion or Order Filing 8 SUMMONS Returned Executed by Underwriters Severally Subscribing Lloyds Policy PE0903008, Cal Dive International Inc. Andrew Schmidt served on 10/20/2014, answer due 11/10/2014. (Attachments: #1 Exhibit Signed Green Card and USPS Tracking Sheet)(aty,Evans, Joelle)
October 21, 2014 Opinion or Order Filing 7 SUMMONS Returned Executed by Underwriters Severally Subscribing Lloyds Policy PE0903008, Cal Dive International Inc. Joseph W Walker served on 10/17/2014, answer due 11/7/2014. (aty,Evans, Joelle)
October 21, 2014 Opinion or Order Filing 6 AFFIDAVIT of Service for Summons & Complaint served on Berkshire Hathaway LIfe Ins. Co. of Nebraska on October 17, 2014, filed by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008. (aty,Evans, Joelle)
October 21, 2014 Opinion or Order Filing 5 SUMMONS Returned Executed by Underwriters Severally Subscribing Lloyds Policy PE0903008, Cal Dive International Inc. B H G Structured Settlements Inc served on 10/17/2014, answer due 11/7/2014. (aty,Evans, Joelle) Modified on 10/23/2014 to more accurately identify document and set answer due date (Dauterive, C).
October 21, 2014 Opinion or Order Filing 4 AFFIDAVIT of Service for Summons & Complaint served on Berkshire Hathaway Life Insurance Co of Nebraska on October 17, 2014, filed by Cal Dive International Inc, Underwriters Severally Subscribing Lloyds Policy PE0903008. (aty,Evans, Joelle) Modified on 10/23/2014 to correctly reflect service as to Berkshire Hathaway Life Insurance Co of Nebraska (Dauterive, C).
October 16, 2014 Opinion or Order Filing 3 SUMMONS ISSUED as to B H G Structured Settlements Inc, Berkshire Hathaway Life Insurance Co of Nebraska, Thomas R Edwards, Andrew Schmidt, Thomas R Edwards Inc A P L C and Joseph W Walker (crt,Dauterive, C)
October 15, 2014 Opinion or Order CASE Assigned to Judge Rebecca F Doherty and Magistrate Judge C Michael Hill. (crt,Dauterive, C)
October 15, 2014 Opinion or Order Filing 2 CORPORATE DISCLOSURE STATEMENT by Cal Dive International Inc identifying Corporate Parent Cal Dive International Inc for Cal Dive International Inc. (aty,Evans, Joelle)
October 15, 2014 Opinion or Order Filing 1 COMPLAINT against B H G Structured Settlements Inc, Berkshire Hathaway Life Insurance Co of Nebraska, Thomas R Edwards, Andrew Schmidt, Thomas R Edwards Inc A P L C and Joseph W Walker (Filing fee $400, receipt number 0536-2640543) filed by Underwriters Severally Subscribing to Lloyd's Policy PE0903008, Cal Dive International Inc. (Attachments: #1 Civil cover sheet, #2 Proposed summons/writ Proposed Summons to Andrew Schmidt, #3 Proposed summons/writ Proposed Summons to Thomas R. Edwards, #4 Proposed summons/writ Proposed Summons to Thomas R. Edwards, Inc., APLC, #5 Proposed summons/writ Proposed Summons to Joseph W. Walker, #6 Proposed summons/writ Proposed Summons to BHG Structured Settlements, Inc., #7 Proposed summons/writ Proposed Summons to Berkshire Hathaway Life Insurance Company of Nebraska)(Attorney Joelle F Evans added to party Cal Dive International Inc(pty:pla), Attorney Joelle F Evans added to party Underwriters Severally Subscribing to Lloyd's Policy PE0903008(pty:pla))(aty,Evans, Joelle) Modified on 10/16/2014 to edit text (Dauterive, C).

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Search for this case: Cal Dive International Inc et al v. Schmidt et al
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Plaintiff: Cal Dive International Inc
Represented By: Joelle F Evans
Represented By: Andrea V Timpa
Represented By: Kyle D Schonekas
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Plaintiff: Underwriters Severally Subscribing Lloyds Policy PE0903008
Represented By: Joelle F Evans
Represented By: Andrea V Timpa
Represented By: Kyle D Schonekas
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Defendant: Andrew Schmidt
Represented By: Joseph R Joy, III
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Defendant: Thomas R Edwards
Represented By: Richard C Stanley
Represented By: Elizabeth Swingle Horn
Represented By: Gordon James Schoeffler
Represented By: Jennifer L Thornton
Represented By: Joseph R Joy, III
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Defendant: Thomas R Edwards Inc A P L C
Represented By: Richard C Stanley
Represented By: Elizabeth Swingle Horn
Represented By: Gordon James Schoeffler
Represented By: Jennifer L Thornton
Represented By: Joseph R Joy, III
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Defendant: Joseph W Walker
Represented By: Gordon James Schoeffler
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Defendant: B H G Structured Settlements Inc
Represented By: Lindsay Meador Young
Represented By: Joseph M Kelleher
Represented By: Michael J Miller
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Defendant: Berkshire Hathaway Life Insurance Co of Nebraska
Represented By: Lindsay Meador Young
Represented By: Joseph M Kelleher
Represented By: Michael J Miller
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