Clements v. Everest National Insurance Co
| Cletis J Clements |
| Everest National Insurance Company and Everest National Insurance Co |
| 6:2020cv01478 |
| November 18, 2020 |
| US District Court for the Western District of Louisiana |
| Patrick J Hanna |
| Robert R Summerhays |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Defendant |
Docket Report
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Filing 33
ORDER OF DISMISSAL granting #32 Joint/Voluntary Motion to Dismiss. Signed by Judge Robert R Summerhays on 4/12/2022. (crt,Jordan, P)
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| Filing 32 Joint MOTION to Dismiss by Everest National Insurance Co, Cletis J Clements. (Attachments: #1 Proposed order)(aty,Neuner, Michael) Modified on 4/12/2022 to capture more accurate motion event, add filer and modify docket text (Miletello, A). |
| Set Deadlines as to #32 Joint Motion to Dismiss. Motion Ripe Deadline set for 4/12/2022. (crt,Miletello, A) |
| Filing 31 MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: SETTLEMENT CONFERENCE held on 2/18/2022. (crt,Craig-Fontenot, C) |
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Filing 30
60 DAY ORDER DISMISSING CASE. IT IS HEREBY ORDERED that this action shall be and is DISMISSED WITHOUT PREJUDICE. No later than sixty (60) days of the date hereof, the parties shall file one of the following: (a) a motion for entry of judgment on all claims; (b) a motion to reopen this matter and reinstate all claims for failure to finalize the settlement agreement; or (c) a motion to enforce the settlement agreement. The Court shall retain jurisdiction over this matter until such time as compliance with this Order has been fulfilled. If the parties do not file one of the above motions within sixty (60) days, the Order of Dismissal shall become a Final Judgment of Dismissal with prejudice, each party to bear their own costs. Signed by Judge Robert R Summerhays on 2/18/2022. (crt,Jordan, P)
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Filing 29
SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 2/17/2022 1:30 PM in chambers before Magistrate Judge Patrick J Hanna. Signed by Magistrate Judge Patrick J Hanna on 12/29/2021. (crt,Taylor, L)
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Filing 28
ELECTRONIC ORDER mooting #16 Motion to Continue - IT IS ORDERED that the pending motion to continue the trial date in this case is DENIED AS MOOT based on the representations of counsel in open court on Monday, November 1, 2021 during the show cause hearing held before the undersigned. Signed by Magistrate Judge Patrick J Hanna on 11/3/2021. (crt,Schutz, E)
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| Filing 27 MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: SHOW CAUSE HEARING held on 11/1/2021. (Court Reporter: Cathleen E Marquardt) (crt,Alexander, E) |
| Filing 26 AFFIDAVIT of Service for Deposition Subpoena served on Dakota Gary on 10/15/2021, filed by Everest National Insurance Co. (aty,Hoerner, Daniel) |
| Filing 25 AFFIDAVIT of Service for Deposition Subpoena served on Cajun Suds Auto Detailing on 10/15/2021, filed by Everest National Insurance Co. (aty,Hoerner, Daniel) |
| Filing 24 AFFIDAVIT of Service re #23 Order to Show Cause served on Dakota Gary on 10/05/2021, filed by Everest National Insurance Co. (aty,Hoerner, Daniel) Modified on 10/20/2021 to create docket entry relationship and modify docket text (Miletello, A). |
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Filing 23
ORDER TO SHOW CAUSE: Show Cause Hearing set for Monday, 11/1/2021 11:00 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. It is further ORDERED that a copy of this Order shall be served upon Cajun Suds through its agent for service of process, Dakota Gary, via private process server at Mr. Gary's expense. Signed by Magistrate Judge Patrick J Hanna on 10/4/2021. (crt,Alexander, E)
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| Filing 22 MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: SHOW CAUSE HEARING held on 10/4/2021. For the reasons stated on the record, the Court will issue another Order to Show Cause as to Dakota Gary. (Court Reporter: LaRae E Bourque) (crt,Alexander, E) |
| Filing 21 CERTIFIED MAIL RECEIPT re #20 Order to Show Cause. (crt,Alexander, E) |
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Filing 20
ORDER TO SHOW CAUSE. IT IS ORDERED that Dakota Gary shall respond to the subpoenas as directed therein within ten (10) days or shall appear in person and show cause why he has not so responded on Tuesday, 10/4/2021 02:00 PM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. Signed by Magistrate Judge Patrick J Hanna on 9/8/2021. (crt,Alexander, E) Modified on 9/9/2021 to correct file date. (Alexander, E)
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Filing 19
MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: TELEPHONE STATUS CONFERENCE re #16 Ex Parte MOTION to Continue Trial, MOTION to Vacate #9 Scheduling Order held on 9/8/2021. A separate order will issue. The parties agreed that, following resolution of the need to join the prospective party at issue, the issue of continuance would be properly before the Court for disposition. Signed by Magistrate Judge Patrick J Hanna on 9/8/2021. (crt,Alexander, E)
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Filing 18
ORDER deferring ruling on #16 Motion to Continue Trial, Motion to Vacate #9 Scheduling Order. Telephone Status Conference set for Wednesday, 9/8/2021 11:00 AM before Magistrate Judge Patrick J Hanna. Counsel will join the teleconference by dialing 888-684-8852 and entering access code 5910394. Signed by Magistrate Judge Patrick J Hanna on 8/25/2021. (crt,Alexander, E)
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Filing 17
MINUTE ENTRY: #16 MOTION to Continue Trial, MOTION to Vacate #9 Scheduling Order, MOTION for Status Conference is REFERRED to Magistrate Judge Hanna for Ruling. Signed by Judge Robert R Summerhays on 8/24/2021. (crt,Miletello, A)
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| Filing 16 Ex Parte MOTION to Continue Trial, MOTION to Vacate #9 Scheduling Order, MOTION for Status Conference with consent by Everest National Insurance Co. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 8/23/2021. (Attachments: #1 Proposed order)(aty,Neuner, Michael). Added MOTION to Vacate, MOTION for Hearing on 8/23/2021 (Miletello, A). Modified on 8/23/2021 to create docket entry relationship and modify docket text (Miletello, A). |
| Motions Transferred regarding #16 MOTION to Continue Trial, MOTION to Vacate #9 Scheduling Order, MOTION for Status Conference. Motions referred to Judge Robert R Summerhays. (crt,Miletello, A) |
| Filing 15 JURISDICTIONAL REVIEW FINDING. This Court now finds that the parties are completely diverse in citizenship and the amount in controversy exceeds the jurisdictional minimum and, therefore, we expressly find that the Court has subject-matter jurisdiction over this case according to 28 U.S.C. 1332. Signed by Magistrate Judge Patrick J Hanna on 4/29/2021. (crt,Alexander, E) |
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Filing 14
ELECTRONIC ORDER: Having reviewed the parties' Rule 26(f) Report, IT IS ORDERED that the report is found to be complete. Signed by Magistrate Judge Patrick J Hanna on 4/26/2021. (crt,Randall, E)
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| Filing 13 RULE 26(f) Report by Cletis J Clements, Everest National Insurance Company. (aty,Morrow, Lawrence) Modified on 3/17/2021 to add filer(Miletello, A). |
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Filing 12
ORDER granting #11 Motion to Enroll as Counsel. Added as counsel Michael Thomas Neuner for Everest National Insurance Co. Signed by Magistrate Judge Patrick J Hanna on 3/10/2021. (crt,Alexander, E)
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| Filing 11 MOTION for Michael T. Neuner to Enroll as Counsel by Everest National Insurance Co. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 3/9/2021. (Attachments: #1 Proposed order)(aty,Mouledoux, Andre) |
| Filing 10 RESPONSE to #8 Sua Sponte Jurisdictional Briefing Order by Everest National Insurance Co . (Attachments: #1 Exhibit "A", #2 Exhibit "B")(aty,Hoerner, Daniel) Modified on 1/29/2021 to create docket entry relationship and modify docket text (Miletello, A). |
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Filing 9
SCHEDULING ORDER: Jury Trial set for 4/4/2022 09:30 AM in Lafayette, Courtroom 3 before Judge Robert R Summerhays. Pretrial Conference set for 3/22/2022 03:00 PM in chambers before Judge Robert R Summerhays. Initial Disclosures exchanged by 2/17/2021. Rule 26 Conference between parties to take place before 2/22/2021. Rule 26 Report due by 3/17/2021. Joinder of Parties and Amendment of Pleadings due by 9/23/2021. Plaintiffs Expert Info/Reports due by 8/24/2021. Defendants Expert Info/Reports due by 9/23/2021. Discovery deadline 10/25/2021. Dispositive Motions due by 11/22/2021. Daubert Motions due by 11/22/2021. Motions in Limine due by 2/22/2022. Conference/Meeting of counsel to prepare pretrial order to be held by 2/22/2022. Pretrial Order due by 3/8/2022. Bench Books due by 3/8/2022. Trial Depositions due by 3/8/2022. Real Time glossary due by 3/15/2022. Affirmation of Settlement Negotiations due 3/15/2022.. Signed by Paula S. Jordan on 1/27/2021. (crt,Jordan, P)
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Filing 8
SUA SPONTE JURISDICTIONAL BRIEFING ORDER. IT IS ORDERED that, not later than FEBRUARY 5, 2021, Defendants shall file a memorandum setting forth specific facts that support a finding that the amount in controversy exceeds $75,000. These facts should be supported with summary-judgment-type evidence. Plaintiff will be allowed seven days to respond to Defendants' submission. Compliance Deadline set for 2/5/2021. Signed by Magistrate Judge Patrick J Hanna on 1/15/2021. (crt,Alexander, E)
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| Filing 7 ANSWER to Complaint with Jury Demand by Everest National Insurance Co.(aty,Hoerner, Daniel) |
| Filing 6 RESPONSE TO REMOVAL ORDER by Everest National Insurance Co . (aty,Hoerner, Daniel) |
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Filing 5
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Patrick J Hanna on 11/20/2020. (crt,Alexander, E)
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| Filing 4 CORPORATE DISCLOSURE STATEMENT by Everest National Insurance Co identifying Corporate Parents Everest Reinsurance Co, Everest Reinsurance Holdings Inc, Everest Underwriting Group (Ireland) Ltd, Everest Re Group Ltd for Everest National Insurance Co. (aty,Hoerner, Daniel) Modified on 11/19/2020 to modify docket text (Miletello, A). |
| Filing 3 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Patrick J Hanna. Motion Ripe Deadline set for 11/19/2020. (crt,Miletello, A) |
| Filing 2 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal sent to Daniel J Hoerner on behalf of Everest National Insurance Co. Corporate Disclosure Statement due by 12/3/2020. (crt,Miletello, A) |
| CASE Assigned to Judge Robert R Summerhays and Magistrate Judge Patrick J Hanna. (crt,Miletello, A) |
| Filing 1 NOTICE of Removal from 15th Judicial District Court for the Parish of Lafayette, Case Number C-2020-5323 (Filing fee $400, receipt number ALAWDC-4473567) filed by Everest National Insurance Co. (Attachments: #1 Exhibit "A" State Court Record, #2 Civil cover sheet, #3 Certificate of Filing Notice of Removal, #4 Verification by Daniel J. Hoerner, #5 Notice of Attorney Appearance)(Attorney Daniel J Hoerner added to party Everest National Insurance Company(pty:dft))(aty,Hoerner, Daniel) Modified on 11/19/2020 to modify docket text (Miletello, A). |
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