Louisiana Citizens Property Insurance Corp et al v. Arceneaux Ford Inc et al
| Willie Madison, Sr and Louisiana Citizens Property Insurance Corp |
| X Y Z Insurance Co, Ford Motor Co, Arceneaux Ford Inc, AmTrust Insurance Co of Kansas Inc and AmTrust North America |
| 6:2015cv02908 |
| December 30, 2015 |
| US District Court for the Western District of Louisiana |
| Lafayette Office |
| St. Mary |
| S Maurice Hicks |
| Carol B Whitehurst |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Defendant |
Docket Report
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This docket was last retrieved on April 12, 2016. A more recent docket listing may be available from PACER.
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| Filing 34 NOTICE of Remand to Clerk of 16th JDC St. Mary Parish (crt,Jordan, P) |
Filing 33
ORDER granting #13 Motion to Remand; IT IS ORDERED this matter shall be remanded to the 16th JDC, St. Mary Parish, for lack of subject matter jurisdiction. This Order shall be STAYED for 14 days from the date of issuance. Any appeal to the District Judge must be filed within 14 days from the date of this Order. If an appeal is taken to the District Judge, the Order shall remain stayed until the appeal is decided. If no timely appeal is filed, the clerk shall remand the action forthwith. Signed by Magistrate Judge Carol B Whitehurst on 3/11/2016. (crt,Putch, A)
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Filing 32
ELECTRONIC ORDER re #24 Notice of Motion Setting (with oral argument),the hearing on oral argument regarding the Motion to Remand #13 is hereby canceled. The Court's ruling on the motion will be based on the parties' briefs. Signed by Magistrate Judge Carol B Whitehurst on 03/11/2016. (crt,Hays, F)
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Filing 31
ELECTRONIC ORDER granting #29 Motion to Appear Pro Hac Vice for appearance of Scott A Richman for Ford Motor Co. Signed by Magistrate Judge Carol B Whitehurst on 02/16/16. (jud,Whitehurst, Carol)
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| Filing 30 PROPOSED ORDER/JUDGMENT re #28 Motion for Leave to File Reply Memorandum by Amtrust Insurance Co of Kansas Inc, Amtrust North America, Arceneaux Ford Inc. (aty,Lausten, Kristin) Modified on 2/12/2016 to create link. (Putch, A) |
| Motions Transferred regarding #28 MOTION for Leave to File Reply Memorandum. Motions referred to S Maurice Hicks. (crt,Putch, A) |
| Filing 29 MOTION for Scott A. Richman to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-3000298) by Ford Motor Co. Motions referred to Carol B Whitehurst. (Attachments: #1 Affidavit, #2 Certificate of good standing, #3 Proposed order)(aty,Maxwell, Robert) |
| Filing 28 MOTION for Leave to File Reply Memorandum, #25 Proposed Memorandum in Support of #9 Motion to Dismiss for Lack of Jurisdiction, Motion to Dismiss For Failure to State a Claim, Motion for More Definite Statement with opposition by Amtrust Insurance Co of Kansas Inc, Amtrust North America, Arceneaux Ford Inc. Motions referred to Carol B Whitehurst. (Attorney Kristin Marie Lausten added to party Amtrust North America(pty:dft))(aty,Lausten, Kristin) Modified on 2/11/2016 to more accurately identify the pleading submitted. (Putch, A) Modified on 2/12/2016 to create link to #30 Proposed Order. (Putch, A) |
| Filing 27 NOTICE of Deficiency to Kristin Marie Lausten on behalf of Amtrust Insurance Co of Kansas Inc, Arceneaux Ford Inc regarding #25 Memorandum in Support of Motion. Reason: The Federal Rules of Civil Procedure do not provide for the filing of a reply brief and acceptance of such a brief is discretionary with the judge. Leave of court must be obtained before the filing of a reply brief in this case. (crt,Putch, A) |
| Set/Reset Deadlines as to #13 MOTION to Remand, MOTION for Attorney Fees. Motion day set for 3/16/2016 before Magistrate Judge Carol B Whitehurst. (crt,Chicola, C) |
| Filing 26 MEMORANDUM in Opposition re #13 MOTION to Remand, MOTION for Attorney Fees filed by Ford Motor Co. (aty,Maxwell, Robert) |
| Filing 25 PROPOSED REPLY MEMORANDUM in Support re #9 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss For Failure to State a Claim, MOTION for More Definite Statement filed by Amtrust Insurance Co of Kansas Inc, Arceneaux Ford Inc. (aty,Lausten, Kristin) Modified on 2/9/2016 to reflect pleading as deficient. (Putch, A) Modified on 2/11/2016 to reflect pleading as proposed per #28 Motion for Leave. (Putch, A) |
| Filing 24 NOTICE of Motion Setting with oral argument regarding: #13 MOTION to Remand, MOTION for Attorney Fees. Motions referred to Carol B Whitehurst. Motion day set for 3/16/2016 10:00 AM in Lafayette, Courtroom 6 before Judge S Maurice Hicks. (crt,Chicola, C) |
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Filing 23
ORDER considering #22 Joint Motion to Reset Hearings, IT IS HEREBY ORDERED said Motion is GRANTED and the hearings presently scheduled for 2/17/2016 & 3/17/2016 are UPSET. The #9 Motion to Dimiss remains set before Magistrate Judge Whitehurst. The #13 Motion to Remand, Motion for Attorney Fees is hereby REFERRED to Magistrate Judge Whitehurst for disposition. If the Magistrate Judge desires a motion hearing on either motion, she will reset the hearings in due course. Signed by Judge S Maurice Hicks on 02/04/16. (crt,Putch, A)
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| Motions Transferred regarding #22 JOINT MOTION to Reset Hearings. Motions referred to S Maurice Hicks. (crt,Putch, A) |
| Filing 22 JOINT MOTION to Reset Hearings as to #9 Motion to Dismiss for Lack of Jurisdiction, Motion to Dismiss For Failure to State a Claim, Motion for More Definite Statement and #13 Motion to Remand, Motion for Attorney Fees with consent by Amtrust Insurance Co of Kansas Inc, Arceneaux Ford Inc, Louisiana Citizens Property Insurance Corp, Willie Madison Sr, Ford Motor Co. Motions referred to Carol B Whitehurst. (Attachments: #1 Proposed order)(Attorney Kristin Marie Lausten added to party Amtrust North America(pty:dft))(aty,Lausten, Kristin) Modified on 2/2/2016 to edit filers. (Putch, A) |
| Filing 21 RESPONSE in Opposition to Arceneaux Ford, Inc. and Amtrust Insurance Company of Kansas, Inc.'s #9 Motion to Dismiss Plainitff's Petition for Damages or in the Alternative, Motion for More Definite Statement by Louisiana Citizens Property Insurance Corp, Willie Madison, Sr . (aty,Favret, Neal) Modified on 1/29/2016 to create link to proper pleading. (Putch, A) |
| Filing 19 CORPORATE DISCLOSURE STATEMENT by Louisiana Citizens Property Insurance Corp, Willie Madison, Sr. (aty,Favret, Neal) |
| Filing 18 NOTICE of Motion Setting without oral argument regarding #13 MOTION to Remand, MOTION for Attorney Fees. Motion day set for 3/17/2016 before Judge Richard T Haik Sr. (crt,Putch, A) |
| Filing 17 NOTICE of Corporate Disclosure Statement Requirement re: #13 Motion to Remand, Motion for Attorney Fees, sent to Neal J Favret on behalf of Louisiana Citizens Property Insurance Corp. Corporate Disclosure Statement due by 2/5/2016. (crt,Putch, A) |
| Filing 16 STATE COURT Service Returned Executed filed in Case #129069-A, 16th JDC, St. Mary Parish, on 11/30/2015. Amtrust Insurance Co of Kansas Inc, Amtrust North America and Arceneaux Ford Inc answer due 1/29/2016. ADMINISTRATIVE ENTRY to capture service and answer due, as pleading filed within pdf of attachment #1 to 16 Response to Removal Order. (crt,Putch, A) Modified on 1/22/2016 to add document number. (Putch, A) |
| Filing 15 FILED IN ERROR: NOTICE of Motion Setting with oral argument regarding: #13 MOTION to Remand, MOTION for Attorney Fees. Motion day set for 3/17/2016 at 09:30 AM in Lafayette, Courtroom 1 before Judge Richard T Haik Sr. (crt,Putch, A) Modified on 1/22/2016 to reflect as filed in error and refiled as #18 Notice of Motion Setting WITHOUT oral argument. |
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Filing 20
ORDER REASSIGNING CASE. Case reassigned to Judge S Maurice Hicks. Judge Richard T Haik, Sr no longer assigned to case. Signed by Chief Judge Dee D Drell on 1/21/2016. (crt,Reeves, T)
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Filing 14
ORDER granting #12 Motion to Enroll Neal J Favret as Counsel. Signed by Magistrate Judge Carol B Whitehurst on 1/20/16. (crt,Whidden, C)
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| Filing 13 MOTION to Remand, MOTION for Attorney Fees by Louisiana Citizens Property Insurance Corp. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Favret, Neal). Modified on 1/19/2016 to capture all reliefs requested in pleading; Added MOTION for Attorney Fees. (Putch, A) |
| Filing 12 MOTION for Neal J. Favret to Enroll as Counsel by Louisiana Citizens Property Insurance Corp, Willie Madison Jr. Motions referred to Carol B Whitehurst. (Attachments: #1 Proposed order)(Attorney Neal J Favret added to party Louisiana Citizens Property Insurance Corp(pty:pla))(aty,Favret, Neal) Modified on 1/19/2016 to edit text and filers. (Putch, A) |
| Filing 11 NOTICE of Motion Setting with oral argument regarding: #9 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss For Failure to State a Claim, MOTION for More Definite Statement . Motion day set for 2/17/2016 at 10:00 AM in Lafayette, Courtroom 6 before Magistrate Judge Carol B Whitehurst. (crt,Putch, A) |
| Filing 10 CORRECTIVE DOCUMENT entitled Affidavit of Thomas McMath re #9 Motion to Dismiss for Lack of Jurisdiction, to Dismiss For Failure to State a Claim and for More Definite Statement. filed by Amtrust Insurance Co of Kansas Inc, Arceneaux Ford Inc. (aty,Lausten, Kristin) Modified on 1/07/2016 to edit filers, create link. Pdf of Main Document 10 replaced in portrait view on 1/7/2016. (Putch, A) |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss For Failure to State a Claim, MOTION for More Definite Statement by Amtrust Insurance Co of Kansas Inc, Arceneaux Ford Inc. Motions referred to Carol B Whitehurst. (Attachments: #1 Memorandum / Brief)(aty,Lausten, Kristin) Modified on 1/7/2016 to edit filers and to reflect Affidavit filed as #10 Corrective Document. (Putch, A) |
| NOTICE of Corrective Action to Kristin Marie Lausten on behalf of Amtrust Insurance Co of Kansas Inc, Arceneaux Ford Inc regarding #7 FILED IN ERROR-MOTION to Dismiss for Lack of Jurisdiction Fraudulent Joinder and/or Misjoinder, MOTION to Dismiss For Failure to State a Claim, MOTION for More Definite Statement , #8 FILED IN ERROR-MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss For Failure to State a Claim, MOTION for More Definite Statement . Action taken: Modified entries to reflect as Filed in Error and refiled in its entirety as #9 Motion to Dismiss for Lack of Jurisdiction, to Dismiss For Failure to State a Claim and for More Definite Statement. (crt,Putch, A) |
| Filing 8 FILED IN ERROR-MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss For Failure to State a Claim, MOTION for More Definite Statement by Amtrust Insurance Co of Kansas Inc, Arceneaux Ford Inc. Motions referred to Carol B Whitehurst. (Attachments: #1 Memorandum / Brief, #2 Affidavit of Thomas McMath)(aty,Lausten, Kristin) Modified on 1/7/2016 to edit filers and to reflect as filed in error and refiled in its entirety as #9 Motion. Replaced Attachment 2 in portrait view. (Putch, A) |
| Filing 7 FILED IN ERROR-MOTION to Dismiss for Lack of Jurisdiction Fraudulent Joinder and/or Misjoinder, MOTION to Dismiss For Failure to State a Claim, MOTION for More Definite Statement by Amtrust Insurance Co of Kansas Inc, Arceneaux Ford Inc. Motions referred to Carol B Whitehurst. (aty,Lausten, Kristin) Modified on 1/7/2016 to edit filers and to reflect pleading as filed in error and refiled in its entirety as #9 Motion. (Putch, A) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by Arceneaux Ford Inc identifying Corporate Parent Arceneaux Ford Inc for Arceneaux Ford Inc. (aty,Lausten, Kristin) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by Amtrust Insurance Co of Kansas Inc identifying Corporate Parent AmTrust Financial Services Inc, Corporate Parent Amtrust North America, Corporate Parent Amtrust Insurance Co of Kansas Inc for Amtrust Insurance Co of Kansas Inc. (aty,Lausten, Kristin) |
| Filing 4 ANSWER to Complaint with Jury Demand by Ford Motor Co.(aty,Maxwell, Robert) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Ford Motor Co. (aty,Maxwell, Robert) Modified on 1/6/2016 to add corporate parent/other affiliate. (Putch, A) |
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Filing 2
REMOVAL ORDER forwarded to all counsel of record. Signed by Magistrate Judge Carol B Whitehurst on 1/4/2016. (crt,Putch, A)
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| NOTICE of Corrective Action regarding State Court Service Returned Executed. Action taken: modified docket text to reflect that the entry was "FILED IN ERROR". See #1 Notice of Removal for more information. (crt,Whidden, C) |
| CASE Assigned to Judge Richard T Haik, Sr and Magistrate Judge Carol B Whitehurst. (crt,Whidden, C) |
| (FILED IN ERROR) STATE COURT Service Returned Executed. Ford Motor Co served on 11/19/2015, answer due 1/6/2016. ADMINISTRATIVE ENTRY. See #1 Notice of Removal and Return of Service. (crt,Whidden, C) Modified on 1/4/2016 to indicate "FILED IN ERROR." See #1 Notice of Removal. (Whidden, C). |
| Filing 1 NOTICE of Removal from 16th JDC St Mary Parish, Case Number 129,069 with Jury Demand; (Filing fee $400, receipt number 0536-2967567) filed by Ford Motor Co. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil cover sheet)(Attorney Robert William Maxwell added to party Ford Motor Co (pty:dft))(aty,Maxwell, Robert) Modified on 12/31/2015 to modify text (Whidden, C). |
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