Kelly v. Physicians Mutual et al
| brittany kelly |
| Physicians Mutual, James Shute, Trevor Braun and Physician Mutual Insurance |
| 6:2020cv00646 |
| May 21, 2020 |
| US District Court for the Western District of Louisiana |
| Patrick J Hanna |
| Michael J Juneau |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| None |
Docket Report
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This docket was last retrieved on September 21, 2020. A more recent docket listing may be available from PACER.
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Filing 36
ORDER re #15 MOTION to Dismiss For Failure to State a Claim MOTION for Partial Summary Judgment filed by Trevor Braun, Physician Mutual Insurance. the Court will convert Defendants' Motion to Dismiss under Rule 12(b)(6) into a motion for summary judgment under Rule 56. IT IS HEREBY ORDERED that the parties shall be allowed to supplement the record to support or oppose the pending motion, as converted, with any submissions to be made by August 10, 2020. Compliance Deadline set for 8/10/2020. Signed by Magistrate Judge Patrick J Hanna on 7/17/2020. (crt,Alexander, E)
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| Filing 35 REPORT AND RECOMMENDATIONS re #9 MOTION to Dismiss For Failure to State a Claim James Owen Shute filed by James Shute and #14 MOTION to Dismiss For Failure to State a Claim filed by Trevor Braun, Physician Mutual Insurance. For the reasons discussed herein, the Court recommends that Physicians Mutual and Braun's #14 Motion to Dismiss be GRANTED IN PART AND DENIED WITHOUT PREJUDICE IN PART and that Shute's #9 Motion to Dismiss be GRANTED IN PART AND DENIED WITHOUT PREJUDICE IN PART. Objections to R&R due by 7/30/2020. Signed by Magistrate Judge Patrick J Hanna on 7/16/2020. (crt,Alexander, E) |
| Filing 34 REPLY to Response to Motion re #9 MOTION to Dismiss For Failure to State a Claim James Owen Shute filed by James Shute. (aty,Caviness, Peter) |
| Filing 33 REPLY to Response to Motion re #15 MOTION to Dismiss For Failure to State a Claim MOTION for Partial Summary Judgment filed by Trevor Braun, Physician Mutual Insurance. (aty,Smith, Jena) |
| Filing 32 REPLY to Response to Motion re #14 MOTION to Dismiss For Failure to State a Claim filed by Trevor Braun, Physician Mutual Insurance. (Attachments: #1 Proposed order)(aty,Smith, Jena) |
| Filing 31 MEMORANDUM in Opposition re #9 MOTION to Dismiss For Failure to State a Claim James Owen Shute filed by Brittany Kelly. (Attachments: #1 Proposed order)(aty,Burgess, L) |
| Filing 30 MEMORANDUM in Opposition re #14 MOTION to Dismiss For Failure to State a Claim filed by Brittany Kelly. (Attachments: #1 Proposed order)(aty,Burgess, L) |
| Filing 29 MEMORANDUM in Opposition re #15 MOTION to Dismiss For Failure to State a Claim MOTION for Partial Summary Judgment filed by Brittany Kelly. (Attachments: #1 Proposed order)(aty,Burgess, L) Modified on 6/23/2020 to edit text (Jones, P). |
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Filing 28
ORDER granting #27 Motion for Extension of Time to File Response/Reply re #9 Motion to Dismiss for Failure to State a Claim. Signed by Magistrate Judge Patrick J Hanna on 6/22/2020. (crt,Alexander, E)
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| Filing 27 First MOTION for Extension of Time to File Response re #9 Motion to Dismiss for Failure to State a Claim with consent by Brittany Kelly. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 6/19/2020. (Attachments: #1 Proposed order)(aty,Burgess, L) Modified on 6/19/2020 to create docket entry relationship (Miletello, A). |
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Filing 26
ORDER granting #24 Motion to Appear Pro Hac Vice for appearance of James J Frost for Trevor Braun and Physician Mutual Insurance. Signed by Magistrate Judge Patrick J Hanna on 6/11/2020. (crt,Alexander, E)
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| Filing 24 MOTION for James J. Frost to Appear Pro Hac Vice ( Admission fee: $105, receipt number ALAWDC-4288234) by Trevor Braun, Physician Mutual Insurance. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 6/10/2020. (Attachments: #1 Proposed order, #2 Certificate of good standing)(aty,Smith, Jena) Modified on 6/10/2020 to edit text (Jones, P). |
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Filing 23
ELECTRONIC ORDER - IT IS ORDERED that the hearing on the Motion to Dismiss filed by James Shute (Rec. Doc. 9) is hereby RE-SET for August 13, 2020 at 9:30 a.m. IT IS FURTHER ORDERED that the Motion to Dismiss filed by Trevor Braun and Physician Mutual Ins. (Rec. Doc. 15) is RE-SET for August 13, 2020 at 9:30 a.m. IT IS FURTHER ORDERED that the hearing on the Motion to Dismiss/Motion for Partial Summary Judgment filed on behalf of Physicians Mutual (Rec. Doc. 14) is SET for August 13, 2020 at 9:30 a.m. The hearings will take place in Courtroom 7 in Lafayette. Signed by Magistrate Judge Patrick J Hanna on 6/10/2020. (crt,Coreil, H)
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| Reset Deadlines as to #9 MOTION to Dismiss For Failure to State a Claim James Owen Shute, #14 MOTION to Dismiss For Failure to State a Claim, and #15 MOTION to Dismiss For Failure to State a Claim MOTION for Partial Summary Judgment. Motion day set for 8/13/2020 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Alexander, E) |
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Filing 25
ORDER REFERRING MOTION: #15 MOTION to Dismiss For Failure to State a Claim MOTION for Partial Summary Judgment filed by Trevor Braun, Physician Mutual Insurance Motions referred to Magistrate Judge Patrick J Hanna. Signed by Judge Michael J Juneau on 6/9/2020. (crt,Jones, P)
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Filing 22
ORDER REFERRING MOTION: #15 MOTION to Dismiss For Failure to State a Claim; MOTION for Partial Summary Judgment filed by Trevor Braun, Physician Mutual Insurance Motions referred to Magistrate Judge Patrick J Hanna. Signed by Judge Michael J Juneau on 6/9/2020. (crt,Jones, P)
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| Filing 21 NOTICE of Motion Setting with oral argument regarding: #15 MOTION to Dismiss For Failure to State a Claim MOTION for Partial Summary Judgment . Motions referred to Judge Michael J Juneau. Motion day set for 8/13/2020 09:30 AM in Lafayette, Courtroom 1 before Judge Michael J Juneau. (crt,Jones, P) |
| Filing 20 NOTICE of Motion Setting with oral argument regarding: #14 MOTION to Dismiss For Failure to State a Claim. Motions referred to Magistrate Judge Patrick J Hanna. Motion day set for 9/10/2020 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Jones, P) |
| Filing 19 RESPONSE TO REMOVAL ORDER by Trevor Braun, Physician Mutual Insurance Compliance with 28 U.S.C. 1447(b). (aty,Smith, Jena) |
| Filing 18 CORRECTIVE DOCUMENT entitled Table of Contents and Table of Authorities re: #14 Motion to Dismiss filed by Trevor Braun, Physician Mutual Insurance . (aty,Smith, Jena) Modified on 6/8/2020 to add document relation (Jones, P). |
| Filing 17 CORRECTIVE DOCUMENT entitled Table of Contents and Authorities filed by Trevor Braun, Physician Mutual Insurance regarding #15 MOTION to Dismiss For Failure to State a Claim MOTION for Partial Summary Judgment . (aty,Smith, Jena) |
| Filing 16 NOTICE of Deficiency to Jena W Smith on behalf of Trevor Braun, Physician Mutual Insurance regarding #14 MOTION to Dismiss For Failure to State a Claim, #15 MOTION to Dismiss For Failure to State a Claim MOTION for Partial Summary Judgment . Reason: A table of contents and table of cases, statutes and other authorities is required for a brief which exceeds ten pages. Please see LR7.8 for specific requirements regarding table of contents. (crt,Jones, P) |
| Filing 15 MOTION for Summary Judgment , MOTION for Partial Summary Judgment by Trevor Braun, Physician Mutual Insurance. Motions referred to Patrick J Hanna. (Attachments: #1 Memorandum / Brief, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Statement of material facts)(aty,Smith, Jena) Modified on 6/2/2020 to indicate deficiency (Jones, P). Modified on 6/8/2020 to remove deficiency and indicate SEE #17 Table of Contents and Authorities (Jones, P). Modified text of entry to reflect motion converted pursuant to #36 Order on 7/17/2020. (Alexander, E) |
| Filing 14 MOTION to Dismiss For Failure to State a Claim by Trevor Braun, Physician Mutual Insurance. Motions referred to Patrick J Hanna. (Attachments: #1 Memorandum / Brief)(aty,Smith, Jena) Modified on 6/2/2020 to indicate deficiency (Jones, P). Modified on 6/8/2020 to remove deficiency and indicate SEE #18 for Table of Contents and Authorities (Jones, P). |
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Filing 13
ELECTRONIC ORDER The hearing on the Motion to Dismiss (Rec. Doc. 9) filed by James Shute, previously set for July 9, 2020 is hereby RE-SET for July 16, 2020 at 9:30 a.m. in Courtroom 7 in Lafayette. Signed by Magistrate Judge Patrick J Hanna on 6/1/2020. (crt,Coreil, H)
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| Reset Deadlines as to #9 MOTION to Dismiss For Failure to State a Claim James Owen Shute. Motion day set for 7/16/2020 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Alexander, E) |
| Filing 12 EXHIBIT re #9 MOTION to Dismiss For Failure to State a Claim James Owen Shute by James Shute. (aty,Caviness, Peter) |
| Filing 11 FILED IN ERROR - MOTION to Dismiss For Failure to State a Claim James Owen Shute by James Shute. Motions referred to Patrick J Hanna. (Attachments: #1 Memorandum / Brief)(aty,Caviness, Peter) Modified on 5/29/2020 to indicate filed in error (Jones, P). |
| Filing 10 NOTICE of Motion Setting with oral argument regarding: #9 MOTION to Dismiss For Failure to State a Claim James Owen Shute. Motions referred to Magistrate Judge Patrick J Hanna. Motion day set for 7/9/2020 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Jones, P) |
| Filing 9 MOTION to Dismiss For Failure to State a Claim James Owen Shute by James Shute. Motions referred to Patrick J Hanna. (Attachments: #1 Memorandum / Brief)(aty,Caviness, Peter) Modified on 5/29/2020 to indicate SEE #9 Exhibit (Jones, P). |
| Filing 8 FILED IN ERROR - MOTION to Dismiss For Failure to State a Claim James Owen Shute by James Shute. Motions referred to Patrick J Hanna. (aty,Caviness, Peter) Modified on 5/29/2020 to indicate filed in error and refiled as Document #9 (Jones, P). |
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Filing 7
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Patrick J Hanna on 5/26/2020. (crt,Jones, P)
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| Filing 6 CORPORATE DISCLOSURE STATEMENT by Physician Mutual Insurance. (aty,Smith, Jena) |
| Filing 5 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Patrick J Hanna. Motion Ripe Deadline set for 5/22/2020. (crt,Thigpen, M) |
| Filing 4 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal, sent to Sidney W Degan, III, Mandy Ann Simon, Jena W Smith on behalf of Physician Mutual Insurance. Corporate Disclosure Statement due by 6/5/2020. (crt,Thigpen, M) |
| ANSWER to Complaint by James Shute. ADMINISTRATIVE ENTRY: (THE PDF IMAGE CAN BE FOUND IN ATTACHMENT #2 OF DOCUMENT #1 NOTICE OF REMOVAL).(crt,Thigpen, M) |
| AMENDED COMPLAINT against Trevor Braun, Physician Mutual Insurance, James Shute filed by Brittany Kelly. (THE PDF IMAGE CAN BE FOUND IN ATTACHMENT #2 OF DOCUMENT #1 NOTICE OF REMOVAL).(crt,Thigpen, M) |
| CASE Assigned to Judge Michael J Juneau and Magistrate Judge Patrick J Hanna. (crt,Thigpen, M) |
| Filing 3 NOTICE of Certificate of Filing State Notice of Removal by Trevor Braun, Physicians Mutual re #1 Notice of Removal, (Attachments: #1 Exhibit)(aty,Smith, Jena) |
| Filing 2 NOTICE of to Parties of Removal by Trevor Braun, Physicians Mutual re #1 Notice of Removal, (aty,Smith, Jena) |
| Filing 1 NOTICE of Removal from 15th JDC Lafayette Parish, Case Number 2020-0631G (Filing fee $400, receipt number ALAWDC-4270647) filed by Trevor Braun, Physicians Mutual. (Attachments: #1 Civil cover sheet, #2 Exhibit, #3 Exhibit)(Attorney Jena W Smith added to party Trevor Braun(pty:dft), Attorney Jena W Smith added to party Physicians Mutual(pty:dft))(aty,Smith, Jena) |
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