Kelly v. Rodi Marine L L C et al
| Tremayne Jajuan Kelly |
| Arena Offshore L P, Rodi Marine L L C and Island Operating Co Inc |
| Ascot Insurance Co, Navigators Insurance Co and Q B E U K Ltd trading as British Marine |
| 6:2020cv00512 |
| April 23, 2020 |
| US District Court for the Western District of Louisiana |
| Dee D Drell |
| Michael J Juneau |
| Carol B Whitehurst |
| Marine |
| 46 U.S.C. § 30104 Personal Injury to or Death of Seamen |
| None |
Docket Report
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This docket was last retrieved on March 31, 2022. A more recent docket listing may be available from PACER.
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Filing 51
ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 6/3/2022 10:00 AM in chambers before Magistrate Judge Patrick J Hanna. Signed by Magistrate Judge Patrick J Hanna on 3/31/2022. (crt,Craig-Fontenot, C)
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| ELECTRONICALLY CERTIFIED Record on Appeal to US Court of Appeals re #46 Notice of Appeal, is now available to Appellate Counsel via the 5th Circuit Court of Appeals website. See Instructions for Access and Use of the Electronic Record Download Feature of CM/ECF by clicking #here. (USCA #22-30043)If you do not have access to the Electronic Download Feature of CM/ECF, please submit your request for the certified record on appeal to the District Court. (crt,WalkerSld, B) |
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Filing 50
ORDER that all dates set forth in #29 Scheduling Order are CONTINUED WITHOUT DATE. Dates will be reset upon completion of appeal.. Signed by Judge Dee D Drell on 3/16/2022. (crt,Whitener, M)
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| Filing 49 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for MOTION HEARING held on 12/29/2021 before Judge Michael J Juneau, re #46 Notice of Appeal. Court Reporter/Transcriber: Cathleen E Marquardt, Telephone number: (337)593-5223. Total pages: 21. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter Redaction Request due 3/31/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 6/9/2022. (crt,Marquardt, C) |
| Set Deadline for Clerk re #46 Notice of Appeal: Certify Appeal Record (22-30043) by Clerk to COA 3/22/2022. (crt,WalkerSld, B) |
| Filing 48 ELECTRONIC MINUTE ENTRY issued by the Clerk. This matter is hereby reassigned. Case reassigned to Judge Dee D Drell. Judge Michael J Juneau no longer assigned to case. All future filings should bear the name of the new judge assignment. Approved by Chief Judge S Maurice Hicks, Jr on 2/1/2022. (crt,Whidden, C) |
| Filing 47 APPEAL TRANSCRIPT REQUEST by Island Operating Co Inc for Motion Hearing held on 12/29/21 before Judge Michael J Juneau. Court Reporter Cathleen Marquardt (aty,Kay, Ped) |
| USCA Case Number 22-30043 for #46 Notice of Appeal, filed by Island Operating Co Inc. (crt,WalkerSld, B) |
| Filing 46 NOTICE OF INTERLOCUTORY APPEAL as to #43 Order on Motion for Summary Judgment, by Island Operating Co Inc. (Filing fee $505, receipt number ALAWDC-4970559) (aty,Kay, Ped) Modified text to more accurately reflect filing on 1/24/2022 (WalkerSld, B). |
| NOTICE of Appeal Transcript Order Requirement regarding #46 Notice of Interlocutory Appeal. Pursuant to FRAP 10(b), the Appellant must file the transcript order form regardless of whether transcripts are necessary. Access the 5th Circuit site by clicking #here. Hover over the Forms Fees & Guides tab, Forms, Court Reporter Forms, Transcript Order Form.In following the instructions on the form, please note manual notification to the court reporter and the 5th Circuit Court of Appeals is STILL REQUIRED. (crt,WalkerSld, B) |
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Filing 45
ORDER granting #44 Motion to Substitute Attorney. Added attorney Ped C Kay, III for Island Operating Co Inc. Attorney Hal J Broussard terminated. Signed by Magistrate Judge Carol B Whitehurst on 1/4/2022. (crt,Miletello, A)
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| Filing 44 MOTION to Substitute Attorney Ped C Kay in place of Hal J Broussard by Island Operating Co Inc. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 1/3/2022. (Attachments: #1 Proposed order)(aty,Kay, Ped) Modified on 1/4/2022 to capture more accurate motion event and modify docket text (Miletello, A). |
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Filing 43
JUDGMENT : IT IS ORDERED ADJUDGED AND DECREED that Rodi Marine's #32 Motion for Summary Judgment is GRANTED. IT IS FURTHER ORDERED that Island Operating Company's #31 Motion for Summary Judgment is DENIED. Each party is to bear its own costs. Signed by Judge Michael J Juneau on 12/29/2021. (crt,LaCombe, L)
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| Filing 42 MINUTES for proceedings held before Judge Michael J Juneau: MOTION HEARINGS held on 12/29/2021 re #31 MOTION for Summary Judgment filed by Island Operating Co Inc, and #32 MOTION for Summary Judgment filed by Rodi Marine L L C. After considering the evidence, the memoranda filed by the parties, the applicable law, and the arguments of counsel, and for the reasons orally assigned, the Court DENIED #31 Motion for Summary Judgment by Island Operating, Inc. and GRANTED #32 Motion for Summary Judgment by Rodi Marine L L C. A written ruling will be issued by the Court (Court Reporter: Cathleen E Marquardt) (crt,LaCombe, L) |
| Filing 41 MINUTE ENTRY Due to a scheduling conflict with the Court, the hearing on the Cross Motions for Summary Judgment, Rec. Docs. #31 and #32 , needs to be rescheduled. The hearing on the Cross Motions for Summary Judgment, currently set for January 27, 2022, is HEREBY RESET for December 29, 2021 at 11:30 A.M. in Courtroom 1 in the Federal Courthouse in Lafayette, Louisiana before Judge Juneau. Motion day set for 12/29/2021 11:30 AM in Lafayette, Courtroom 1 before Judge Michael J Juneau. Signed by Judge Michael J Juneau on 12/8/2021. (crt,Guidry, C) |
| Filing 40 REPLY to Response to Motion re #32 MOTION for Summary Judgment filed by Rodi Marine L L C. (aty,Morse, Harry) |
| Filing 39 REPLY to Response to Motion re #31 MOTION for Summary Judgment filed by Island Operating Co Inc. (aty,Kay, Ped) |
| NOTICE of Corrective Action to Harry E Morse, Ped C Kay, III on behalf of Ascot Insurance Co, Island Operating Co Inc, Navigators Insurance Co, Q B E U K Ltd trading as British Marine, Rodi Marine L L C regarding #38 Notice of Deficiency. Action taken: Modified docket text to reflect filed in error. (crt,Miletello, A) |
| Filing 38 FILED IN ERROR. NOTICE of Deficiency to Ped C Kay, III on behalf of Island Operating Co Inc regarding #36 Memorandum in Opposition and to Harry E Morse on behalf of Ascot Insurance Co, Navigators Insurance Co, Q B E U K Ltd trading as British Marine and Rodi Marine L L C regarding #37 Memorandum in Opposition. Reason: No statement of material facts accompanied these oppositions to motion for summary judgment. (crt,Miletello, A) Modified on 11/17/2021 to indicate filed in error as Joint statement was submitted with original motions (Miletello, A). |
| Filing 37 MEMORANDUM in Opposition re #31 MOTION for Summary Judgment filed by Ascot Insurance Co, Navigators Insurance Co, Q B E U K Ltd trading as British Marine, Rodi Marine L L C. (aty,Morse, Harry) Modified on 11/16/2021to indicate deficient (Miletello, A). Modified on 11/17/2021 to remove deficiency as filed in error (Miletello, A). |
| Filing 36 MEMORANDUM in Opposition re #32 MOTION for Summary Judgment filed by Island Operating Co Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(aty,Kay, Ped) Modified on 11/16/2021 to indicate deficient (Miletello, A). Modified on 11/17/2021 to remove deficiency as filed in error (Miletello, A). |
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Filing 35
ORDER granting #34 Motion for Extension of Time to File Response/Reply re #32 MOTION for Summary Judgment , #31 MOTION for Summary Judgment Replies due by 11/30/2021. IT IS HEREBY ORDERED that the Parties may file Reply Briefs on or before November 30, 2021. All other briefing deadlines will remain the same. Signed by Judge Michael J Juneau on 11/9/2021. (crt,Guidry, C)
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| Motions Transferred regarding #34 Joint MOTION for Extension of Time to File Response/Reply as to #32 MOTION for Summary Judgment, #31 MOTION for Summary Judgment. Motions referred to Judge Michael J Juneau. (crt,Miletello, A) |
| Filing 34 Joint MOTION for Extension of Time to File Response/Reply as to #32 MOTION for Summary Judgment, #31 MOTION for Summary Judgment with consent by Island Operating Co Inc, Rodi Marine L L C, Q B E U K Ltd, Navigators Insurance Co, Ascot Insurance Co. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 11/4/2021. (Attachments: #1 Proposed order)(aty,Kay, Ped) Modified on 11/5/2021 to add filers (Miletello, A). |
| Filing 33 NOTICE of Motion Setting with oral argument regarding: #31 MOTION for Summary Judgment and #32 MOTION for Summary Judgment. Motions referred to Judge Michael J Juneau. Motion day set for 1/27/2022 at 9:30 AM in Lafayette, Courtroom 1 before Judge Michael J Juneau. (crt,Miletello, A) |
| Filing 32 MOTION for Summary Judgment by Rodi Marine L L C. (Attachments: #1 Memorandum / Brief, #2 Statement of material facts, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(aty,Morse, Harry) |
| Filing 31 MOTION for Summary Judgment by Island Operating Co Inc. (Attachments: #1 Statement of material facts, #2 Memorandum / Brief, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Proposed order)(aty,Kay, Ped) |
| Filing 30 ANSWER to #25 Crossclaim, Third Party Complaint by Ascot Insurance Co, Navigators Insurance Co, Q B E U K Ltd trading as British Marine, Rodi Marine L L C.(Attorney Harry E Morse added to party Ascot Insurance Co(pty:3pd), Attorney Harry E Morse added to party Navigators Insurance Co(pty:3pd), Attorney Harry E Morse added to party Q B E U K Ltd trading as British Marine(pty:3pd), Attorney Harry E Morse added to party Rodi Marine L L C(pty:crd))(aty,Morse, Harry) |
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Filing 29
SCHEDULING ORDER: Jury Trial set for 8/1/2022 09:30 AM in Lafayette, Courtroom 1 before Judge Michael J Juneau. Pretrial Conference set for 7/14/2022 10:00 AM in chambers before Judge Michael J Juneau. Joinder of Parties and Amendment of Pleadings due by 8/31/2021. Plaintiffs Expert Info/Reports due by 5/16/2022. Defendants Expert Info/Reports due by 6/6/2022. Discovery deadline 7/1/2022. Dispositive Motions due by 7/13/2022. Daubert Motions due by 7/13/2022. Motions in Limine due by 7/13/2022. Conference/Meeting of counsel to prepare pretrial order to be held by 6/14/2022. Pretrial Order due by 6/30/2022. Bench Books due by 6/30/2022. Trial Depositions due by 6/30/2022. Real Time glossary due by 7/7/2022. Affirmation of Settlement Negotiations due 7/7/2022. Signed by direction of the Court s/Christine Guidry on 6/7/2021. (crt,Guidry, C)
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Filing 28
ORDER granting #27 Motion to Continue. IT IS ORDERED that the Motion is GRANTED. The trial in this matter previously set for January 10, 2022 is hereby CONTINUED and RESET for August 1, 2022 in Courtroom 1. The Pretrial Conference will take place at 10:00 a.m. on July 14, 2022 in Chambers. A new Scheduling Order will follow. Jury Trial set for 8/1/2022 09:30 AM in Lafayette, Courtroom 1 before Judge Michael J Juneau. Pretrial Conference set for 7/14/2022 10:00 AM in chambers before Judge Michael J Juneau. Signed by Judge Michael J Juneau on 6/2/2021. (crt,Guidry, C)
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| Filing 27 MOTION to Continue Trial with consent by Rodi Marine L L C. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 5/28/2021. (Attachments: #1 Exhibit Medical note, #2 Proposed order)(aty,Morse, Harry) |
| Motions Transferred regarding #27 MOTION to Continue Trial. Motions referred to Judge Michael J Juneau. (crt,Miletello, A) |
| Filing 26 SUMMONS ISSUED as to Ascot Insurance Co, Navigators Insurance Co, Q B E U K Ltd trading as British Marine. (crt,Miletello, A) |
| Filing 25 CROSSCLAIM against Rodi Marine L L C, THIRD PARTY COMPLAINT against Ascot Insurance Co, Navigators Insurance Co, Q B E U K Ltd trading as British Marine filed by Island Operating Co Inc. (Attachments: #1 Exhibit)(crt,Miletello, A) |
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Filing 24
ORDER granting #23 Motion for Leave to File Cross-Claim & Third-Party Complaint. Signed by Magistrate Judge Carol B Whitehurst on 4/8/2021. (crt,Miletello, A)
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| Filing 23 MOTION for Leave to File Cross-Claim & Third-Party Complaint with consent by Island Operating Co Inc. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 4/7/2021. (Attachments: #1 Proposed order, #2 Proposed pleading, #3 Proposed Exhibit)(aty,Kay, Ped) Modified on 4/8/2021 to edit text (Dauterive, C). |
| Filing 22 CROSSCLAIM against Island Operating Co Inc filed by Rodi Marine L L C.(crt,Dauterive, C) |
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Filing 21
ORDER granting #20 Motion for Leave to File Crossclaim. Signed by Magistrate Judge Carol B Whitehurst on 4/6/2021. (crt,Dauterive, C)
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| Filing 20 MOTION for Leave to File Cross-claim against Island Operating with consent by Rodi Marine L L C. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 4/5/2021. (Attachments: #1 Proposed order, #2 Proposed pleading)(aty,Morse, Harry) |
| Filing 19 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 1333. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Carol B Whitehurst on 11/4/2020. (crt,Hays, F) |
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Filing 18
ORDER, ORDER: Having reviewed the parties' Rule 26(f) Report, IT IS ORDERED that the report is found to be complete. Signed by Magistrate Judge Carol B Whitehurst on 11/4/2020. (crt,Hays, F)
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| Filing 17 RULE 26(f) Report by Tremayne Jajuan Kelly, Arena Offshore L P, Island Operating Co Inc and Rodi Marine L L C. (aty,Galloway, Thomas) Modified on 11/3/2020 to add filers (Dauterive, C). |
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Filing 16
SCHEDULING ORDER: Jury Trial set for 1/10/2022 09:30 AM in Lafayette, Courtroom 1 before Judge Michael J Juneau. Pretrial Conference set for 12/14/2021 10:30 AM in chambers before Judge Michael J Juneau. Initial Disclosures exchanged by 10/6/2020. Rule 26 Conference between parties to take place before 10/13/2020. Rule 26 Report due by 11/3/2020. Joinder of Parties and Amendment of Pleadings due by 6/17/2021. Plaintiffs Expert Info/Reports due by 5/18/2021. Defendants Expert Info/Reports due by 6/17/2021. Discovery deadline 7/19/2021. Dispositive Motions due by 8/16/2021. Daubert Motions due by 8/16/2021. Motions in Limine due by 11/15/2021. Conference/Meeting of counsel to prepare pretrial order to be held by 11/15/2021. Pretrial Order due by 11/30/2021. Bench Books due by 11/30/2021. Trial Depositions due by 11/30/2021. Real Time glossary due by 12/7/2021. Affirmation of Settlement Negotiations due 12/7/2021. Signed by direction of the Court s/Christine Guidry on 9/15/2020. (crt,Guidry, C) Modified on 9/16/2020 to edit schedule and correct trial date in docket text. PDF has correct trial date. (Guidry, C).
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| Filing 15 MINUTES for proceedings held with Courtroom Deputy: SCHEDULING CONFERENCE held on 9/15/2020. Following discussion, a trial date of January 10, 2022 and a pretrial date of December 14, 2021 at 10:30 a.m. were selected. A scheduling order will be issued. (crt,Guidry, C) |
| Filing 14 MINUTE ENTRY: At the direction of the Court, a Telephone Scheduling Conference will be held on September 15, 2020, at 9:30 a.m. for the purpose of scheduling a pretrial conference and trial on the merits, with the Courtroom Deputy. Counsel shall call in to the conference by dialing 1-877-411-9748 and using access code 6925887. (Scheduling Conference set for 9/15/2020 09:30 AM in by phone with Courtroom Deputy.)(crt,Guidry, C) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT by Arena Offshore L P identifying Corporate Parent Arena Offshore G P L L C for Arena Offshore L P. (aty,Morse, Harry) |
| Filing 12 ANSWER to #1 Complaint, #7 Amended Complaint by Arena Offshore L P.(Attorney Harry E Morse added to party Arena Offshore L P(pty:dft))(aty,Morse, Harry) Modified on 8/20/2020 to edit text (Dauterive, C). |
| Filing 11 NOTICE of Intent to dismiss Arena Offshore L P for Failure to effect service within 90 days. (crt,Guidry, C) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT by Island Operating Co Inc. (aty,Kay, Ped) |
| Filing 9 ANSWER to #7 Amended Complaint with Jury Demand by Island Operating Co Inc.(Attorney Ped C Kay, III added to party Island Operating Co Inc(pty:dft))(aty,Kay, Ped) |
| Filing 8 SUMMONS ISSUED as to Island Operating Co Inc. (crt,Crick, S) |
| Filing 7 AMENDED COMPLAINT against Arena Offshore L P, Island Operating Co Inc, Rodi Marine L L C filed by Tremayne Jajuan Kelly.(crt,Crick, S) |
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Filing 6
ORDER granting #5 Motion to Amend/Correct. Signed by Magistrate Judge Carol B Whitehurst on 6/26/2020. (crt,Crick, S)
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| Filing 5 MOTION to Amend/Correct Complaint with consent filed by Tremayne Jajuan Kelly. (Attachments: #1 Motion to Amend, #2 Proposed order)(aty,Galloway, Thomas) Modified on 6/25/2020 to capture motion relief and to indicate main document is the proposed pleading(Williams, L). |
| Motions Transferred regarding #5 MOTION to Amend/Correct Complaint with consent. (Motion Ripe Deadline set for 6/25/2020.) Motions referred to Magistrate Judge Carol B Whitehurst. (crt,Williams, L) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Rodi Marine L L C. (aty,Morse, Harry) |
| Filing 3 ANSWER to #1 Complaint, by Rodi Marine L L C.(Attorney Harry E Morse added to party Rodi Marine L L C(pty:dft))(aty,Morse, Harry) |
| Filing 2 SUMMONS ISSUED as to Arena Offshore L P, Rodi Marine L L C. (crt,Williams, L) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $400, receipt number ALAWDC-4243954) filed by Tremayne Jajuan Kelly. (Attachments: #1 Civil cover sheet)(Attorney Thomas R Galloway, Jr added to party Tremayne Jajuan Kelly(pty:pla))(aty,Galloway, Thomas) |
| CASE Assigned to Judge Michael J Juneau and Magistrate Judge Carol B Whitehurst. (crt,Williams, L) |
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