Bernard v. Omega Protein Inc, et al
| Roland Bernard, Jr, Jarrian Baudoin and Roland Bernard, III |
| Alpha VesselCo L L C, Omega Protein Inc, X Y Z Insurance Co and Jeb Morgan |
| 6:2020cv01301 |
| October 6, 2020 |
| US District Court for the Western District of Louisiana |
| Patrick J Hanna |
| Robert R Summerhays |
| Marine |
| 46 U.S.C. § 30104 |
| Both |
Docket Report
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This docket was last retrieved on December 8, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 55 RESPONSE to Motion re #50 MOTION to Dismiss For Failure to State a Claim all Claims against Captain Jeb Morgan filed by Jarrian Baudoin, Roland Bernard, Jr, Roland Bernard, III. (aty,Jacobs, Darleen) |
| Filing 54 SECOND SUPPLEMENTAL AND AMENDING COMPLAINT against Alpha VesselCo L L C, Jeb Morgan, X Y Z Insurance Co filed by Roland Bernard, III, Jarrian Baudoin.(crt,Alexander, E) |
Filing 53
ORDER granting #52 Motion to Amend/Correct {1} Complaint. Signed by Magistrate Judge Patrick J Hanna on 11/19/2020. (crt,Alexander, E)
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| Filing 52 MOTION to Amend Complaint with consent by Roland Bernard, Jr. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 11/13/2020. (Attachments: #1 Memorandum / Brief, #2 Certificate re efforts to resolve-LR 37.1 Rule 7 Certificate, #3 Proposed order, #4 Proposed pleading)(aty,Jacobs, Darleen) Modified on 11/13/2020 to modify motion event to more accurately describe pleading. (Crick, S). |
| Filing 51 NOTICE of Motion Setting regarding: #50 MOTION to Dismiss for Failure to State a Claim all Claims against Captain Jeb Morgan. Motions referred to Judge Robert R Summerhays. (crt,Crick, S) |
| Filing 50 MOTION to Dismiss For Failure to State a Claim all Claims against Captain Jeb Morgan by Jeb Morgan. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(Attorney Alan K Breaud added to party Jeb Morgan(pty:dft))(aty,Breaud, Alan) |
| Filing 49 SUMMONS ISSUED as to Jeb Morgan, X Y Z Insurance Co. (crt,Alexander, E) |
| Filing 48 FIRST SUPPLEMENTAL AND AMENDING COMPLAINT against Alpha VesselCo L L C, Jeb Morgan, X Y Z Insurance Co filed by Roland Bernard, Jr.(crt,Alexander, E) |
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Filing 47
ORDER granting #46 Motion to Amend/Correct #1 Complaint. Signed by Magistrate Judge Patrick J Hanna on 10/22/2020. (crt,Alexander, E)
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| Filing 46 MOTION to Amend #1 Complaint with opposition by Roland Bernard, Jr. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 10/21/2020. (Attachments: #1 Memorandum / Brief, #2 Rule 7 Certificate, #3 Proposed order, #4 Proposed pleading)(aty,Jacobs, Darleen) Modified on 10/21/2020 to capture more accurate motion event, create docket entry relationship and modify docket text (Miletello, A). |
| Filing 45 FILED IN ERROR. RESUBMITTED IN ITS ENTIRETY AT DOC 46. AMENDED COMPLAINT against Alpha VesselCo L L C with Jury Demand filed by Roland Bernard, Jr. (Attachments: #1 Memorandum / Brief, #2 Affidavit Rule 7 Certificate, #3 Proposed order, #4 Proposed pleading)(aty,Jacobs, Darleen) Modified on 10/21/2020 to indicated filed in error and resubmitted (Miletello, A). |
| Filing 44 ANSWER to #1 Complaint, with Jury Demand by Alpha VesselCo L L C, Omega Protein Inc.(aty,Breaud, Alan) |
| Filing 43 NOTICE of Motion Setting without oral argument regarding: #28 MOTION to Transfer Case . Motions referred to Magistrate Judge Patrick J Hanna. Motion day set for 12/10/2020 before Magistrate Judge Patrick J Hanna. (crt,Crick, S) |
| Filing 42 CORPORATE DISCLOSURE STATEMENT by Omega Protein Inc identifying Other Affiliate Omega Protein Corp for Omega Protein Inc (Attorney Alan K Breaud added to party Omega Protein Inc(pty:dft)). (aty,Breaud, Alan) |
| Filing 41 CORPORATE DISCLOSURE STATEMENT by Alpha VesselCo L L C. (aty,Breaud, Alan) |
| Filing 40 NOTICE of Corporate Disclosure Statement Requirement re: #27 Motion to Set Aside Default sent to Alan K Breaud on behalf of Alpha VesselCo L L C. Corporate Disclosure Statement due by 10/22/2020. (crt,Crick, S) |
| Filing 39 DISTRICT CASE transferred in from District of Louisiana Eastern; Case Number 2:19-cv-12581. Original file copy of transfer order and docket sheet received |
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Filing 38
ORDER AND REASONS: IT IS ORDERED that this case, including specifically the motion of defendant Alpha VesselCo, LLC to transfer venue (R. Doc. #28 ), is transferred to the United States District Court for the Western District of Louisiana for resolution of the motion to transfer venue and for all other purposes consistent with that court's resolution of the motion. Signed by Judge Barry W Ashe on 10/06/2020.(am) [Transferred from Louisiana Eastern on 10/6/2020.]
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| CASE Assigned to Judge Robert R Summerhays and Magistrate Judge Patrick J Hanna. (crt,Crick, S) |
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Filing 37
ORDER & REASONS: ORDERED that the #27 motion of defendant Alpha VesselCo, LLC to set aside entry of default is GRANTED and that the #25 entry of default is set aside. FURTHER ORDERED that the #22 motion of plaintiff Roland Bernard, Jr. for default judgment is DENIED as moot. Signed by Judge Barry W Ashe on 10/2/2020. (clc) [Transferred from Louisiana Eastern on 10/6/2020.]
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| Filing 36 RESPONSE/MEMORANDUM in Support filed by Alpha VesselCo LLC re #28 MOTION to Transfer Case . (clc) [Transferred from Louisiana Eastern on 10/6/2020.] |
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Filing 35
ORDER granting #32 Motion for Leave to File reply memorandum. Signed by Judge Barry W Ashe on 10/2/2020. (clc) [Transferred from Louisiana Eastern on 10/6/2020.]
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| Filing 34 RESPONSE/MEMORANDUM in Support filed by Alpha VesselCo LLC re #27 MOTION Under F.R.C.P. 55(c) to Set Aside Default re #25 Order . (Attachments: #1 Exhibit 1)(clc) [Transferred from Louisiana Eastern on 10/6/2020.] |
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Filing 33
ORDER granting #31 Motion for Leave to File reply memorandum. Signed by Judge Barry W Ashe on 10/2/2020. (clc) [Transferred from Louisiana Eastern on 10/6/2020.]
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| Filing 32 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Transfer Venue by Alpha VesselCo LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Breaud, Alan) [Transferred from Louisiana Eastern on 10/6/2020.] |
| Filing 31 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion Under F.R.C.P. 55(c) to Set Aside Entry of Default by Alpha VesselCo LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit)(Breaud, Alan) [Transferred from Louisiana Eastern on 10/6/2020.] |
| Filing 30 RESPONSE/MEMORANDUM in Opposition filed by Roland Bernard, Jr re #27 MOTION Under F.R.C.P. 55(c) to Set Aside Default re #25 Order . (Attachments: #1 Exhibit Minutes of Court Western District, #2 Exhibit Plaintiff informing Court of Western District suit, #3 Exhibit Letter to Alan Breaud with Eastern District case number)(Jacobs, Darleen) [Transferred from Louisiana Eastern on 10/6/2020.] |
| Filing 29 RESPONSE/MEMORANDUM in Opposition filed by Roland Bernard, Jr re #28 MOTION to Transfer Case . (Jacobs, Darleen) [Transferred from Louisiana Eastern on 10/6/2020.] |
| Filing 28 MOTION to Transfer Case by Alpha VesselCo LLC. Motion(s) will be submitted on 10/8/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Proposed Order, #4 Notice of Submission)(Breaud, Alan)[Transferred from Louisiana Eastern on 10/6/2020.] |
| Filing 27 MOTION Under F.R.C.P. 55(c) to Set Aside Default re #25 Order by Alpha VesselCo LLC. Motion(s) will be submitted on 10/8/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Proposed Order, #10 Notice of Submission)Attorney Alan K. Breaud added to party Alpha VesselCo LLC(pty:dft).(Breaud, Alan) Modified text on 9/21/2020 (am). [Transferred from Louisiana Eastern on 10/6/2020.] |
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Filing 26
ORDER: IT IS ORDERED that the motion for default judgment #22 be set for submission on 10/08/2020, whereupon the motion will be considered by the Court on the papers. Signed by Judge Barry W Ashe on 09/16/2020.(am) [Transferred from Louisiana Eastern on 10/6/2020.]
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Filing 25
ORDER granting #24 Motion for Entry of Default as to Alpha VesselCo, LLC. Signed by Clerk on 9/16/2020. (clc)(CC: Alpha VesselCo, LLC at last known address) [Transferred from Louisiana Eastern on 10/6/2020.]
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| Filing 24 EXPARTE/CONSENT MOTION for Entry of Default as to ALPHA VESSELCO., LLC. by Roland Bernard, Jr. (Attachments: #1 Affidavit Attorney Certificate including last known address, #2 Proposed Order)(Jacobs, Darleen) [Transferred from Louisiana Eastern on 10/6/2020.] |
| Filing 23 Correction of Docket Entry by Clerk re #22 MOTION for Entry of Default as to Alpha Vesselco., LLC,**The document contains incorrect case caption. The caption should be "Bernard v. Omega Protein, et al". Any future pleadings with incorrect caption will be deemed deficient.** (am) [Transferred from Louisiana Eastern on 10/6/2020.] |
| Filing 22 MOTION for Default Judgment as to Alpha Vesselco., LLC by Roland Bernard, Jr. (Attachments: #1 Affidavit, #2 Clerk Certificate, #3 Proposed Order)(Jacobs, Darleen) Modified text on 9/14/2020 (am). Modified text on 9/15/2020 (clc).[Transferred from Louisiana Eastern on 10/6/2020.] |
| Filing 21 **DEFICIENT**EXPARTE/CONSENT MOTION for Default Judgment as to Alpha Vesselco., LLC. by Roland Bernard, Jr. (Attachments: #1 Affidavit Attorney Certificate, #2 Affidavit Clerk Certificate, #3 Proposed Order)(Jacobs, Darleen) Modified text on 9/14/2020 (am). [Transferred from Louisiana Eastern on 10/6/2020.] |
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Filing 20
ORDER LIFTING STAY: IT IS ORDERED that the motion #14 is GRANTED. IT IS FURTHER ORDERED that the stay (R. Doc. #13 ) is lifted to allow plaintiff to pursue his claims against Alpha VesselCo LLC in the captioned proceeding. Signed by Judge Barry W Ashe on 09/10/2020.(am) [Transferred from Louisiana Eastern on 10/6/2020.]
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Filing 19
ORDER: IT IS ORDERED that the motion #17 is GRANTED. IT IS FURTHER ORDERED that Omega Protein, Inc. be and is hereby dismissed, without prejudice, reserving plaintiff's rights against all other parties. Signed by Judge Barry W Ashe on 09/09/2020. (am) [Transferred from Louisiana Eastern on 10/6/2020.]
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| Filing 18 Correction of Docket Entry by Clerk re #17 MOTION to Dismiss Party OMEGA PROTEIN, INC. ONLY, AND WITHOUT PREJUDICE. **The document contains the incorrect caption. The caption should read "Bernard v. Omega Protein, et al". If your intention is to add a party (plaintiff), please file the correct pleading.** (am) [Transferred from Louisiana Eastern on 10/6/2020.] |
| Filing 17 EXPARTE/CONSENT MOTION to Dismiss Party Omega Protein, Inc. Only, and Without Prejudice by Roland Bernard, Jr. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Jacobs, Darleen) Modified text on 9/9/2020 (am). [Transferred from Louisiana Eastern on 10/6/2020.] |
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Filing 16
ORDER re #14 MOTION to lift stay: IT IS ORDERED that plaintiff file into the record proof of service of the motion upon defendant Omega Protein, Inc., as plaintiff has done with respect to defendant Alpha VesselCo LLC. The Court will not act on the motion until such time as such proof is filed and the delay provided by rule has passed. Signed by Judge Barry W Ashe on 09/3/2020.(am) [Transferred from Louisiana Eastern on 10/6/2020.]
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| Filing 15 Certificate/Proof of Service re #14 MOTION To Lift Stay of Proceedings. (Jacobs, Darleen) Modified text on 8/14/2020 (clc). [Transferred from Louisiana Eastern on 10/6/2020.] |
| Filing 14 MOTION To Lift Stay of Proceedings in Eastern District by Roland Bernard, Jr. Motion(s) will be submitted on 9/10/2020. (Attachments: #1 Memorandum in Support, #2 Affidavit 7.6 cert, #3 Proposed Order, #4 Exhibit, #5 Notice of Submission)(Jacobs, Darleen) Modified text on 8/11/2020 (pp). [Transferred from Louisiana Eastern on 10/6/2020.] |
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Filing 13
ORDER GRANTING #12 Motion to Stay pending the limitation proceeding filed in the Western District of Louisiana. Signed by Judge Barry W Ashe on 3/6/2020. (clc) [Transferred from Louisiana Eastern on 10/6/2020.]
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| Filing 12 EXPARTE/CONSENT MOTION to Stay re 10 Correction of Docket Entry by Clerk, #9 Response to Order to Show Cause, #11 Memorandum, #7 Order, #8 Response to Order to Show Cause by Roland Bernard, Jr. (Attachments: #1 Memorandum in Support, #2 Affidavit 7.6 cert, #3 Proposed Order, #4 Exhibit "A: in globo, #5 Exhibit "B" in globo)(Jacobs, Darleen) [Transferred from Louisiana Eastern on 10/6/2020.] |
| Filing 11 Memorandum in Response to Rec. Doc. #7 by Roland Bernard, Jr (Attachments: #1 Exhibit STAY ORDER, #2 Exhibit PLAINTIFFS' CLAIMS TO LIMITATION)(Jacobs, Darleen) Modified text on 3/4/2020 (am). [Transferred from Louisiana Eastern on 10/6/2020.] |
| Filing 10 Correction of Docket Entry by Clerk re #8 Response to Order to Show Cause, #9 Response to Order to Show Cause>**Documents filed in wrong case. Both documents are captioned for the Western District of Louisiana.** (am) [Transferred from Louisiana Eastern on 10/6/2020.] |
| Filing 9 **FILED IN WRONG CASE/DISTRICT**RESPONSE TO ORDER TO SHOW CAUSE by Roland Bernard, Jr re #7 Order, #8 Response to Order to Show Cause (Jacobs, Darleen) Modified text on 3/3/2020 (am). [Transferred from Louisiana Eastern on 10/6/2020.] |
| Filing 8 **FILED IN WRONG CASE/DISTRICT**RESPONSE TO ORDER TO SHOW CAUSE by Roland Bernard, Jr re #7 Order, (Jacobs, Darleen) Modified text on 3/3/2020 (am). [Transferred from Louisiana Eastern on 10/6/2020.] |
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Filing 7
ORDER: ORDERED that the call docket is satisfied. FURTHER ORDERED that on or before 03/27/2020, plaintiff shall obtain responsive pleadings or preliminary defaults on the served defendant. Failure to do so will result in the defendant's dismissal for failure to prosecute, without further notice. Signed by Judge Barry W Ashe on 02/14/2020.(ko) [Transferred from Louisiana Eastern on 10/6/2020.]
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| Filing 6 SUMMONS Returned Executed; Omega Protein served on 9/20/2019, answer due 10/11/2019. (Jacobs, Darleen) [Transferred from Louisiana Eastern on 10/6/2020.] |
| Filing 5 SUMMONS Returned Executed; Alpha VesselCo LLC served on 9/20/2019, answer due 10/11/2019. (Jacobs, Darleen) (Main Document 5 replaced with correct PDF of summons on 2/4/2020) (clw). Modified text on 2/4/2020 (clw). [Transferred from Louisiana Eastern on 10/6/2020.] |
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Filing 4
ORDER: IT IS ORDERED that on or before FEBRUARY 14, 2020, plaintiffs shall file into the record the returns of service of process that have been effected on defendants. Failure to do so will result in the DISMISSAL of the unserved defendants without further notice. Signed by Judge Barry W Ashe on 01/16/2020.(am) [Transferred from Louisiana Eastern on 10/6/2020.]
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| Filing 3 Summons Issued as to Alpha VesselCo LLC, Omega Protein. (Attachments: #1 Summons)(pp) [Transferred from Louisiana Eastern on 10/6/2020.] |
| Filing 2 Initial Case Assignment to Judge Barry W Ashe and Magistrate Judge Janis van Meerveld. (aj) [Transferred from Louisiana Eastern on 10/6/2020.] |
| Filing 1 SEAMAN COMPLAINT with jury demand against Alpha VesselCo LLC, Omega Protein. (Filing fee $ 400 receipt number 053L-7853858) filed by Roland Bernard, Jr. (Attachments: #1 Civil Cover Sheet, #2 Summons Alpha VesselCo LLC, #3 Summons Omega Protein)Attorney John Leslie Young added to party Roland Bernard, Jr(pty:pla).(Young, John) Modified text on 9/16/2019 (pp). [Transferred from Louisiana Eastern on 10/6/2020.] |
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