Halterman v. National Railroad Passenger Corp et al
| David Halterman |
| National Railroad Passenger Corporation, BNSF Railway Company, Progressive Paloverde Insurance Company, C & T Dirt Works, LLP, Chad M. Boutte, Kristi Delahoussaye, National Railroad Passenger Corp, B N S F Railway Co, Progressive Paloverde Insurance Co, C & T Dirt Works L L P, Chad M Boutte, Louisiana Farm Bureau Casualty Insurance Co and Crum & Foster Specialty Insurance Co |
| 6:2021cv03776 |
| October 26, 2021 |
| US District Court for the Western District of Louisiana |
| David J Ayo |
| Patrick J Hanna |
| David C Joseph |
| Michael J Juneau |
| Federal Employer's Liability |
| 45 U.S.C. § 51 Railways: Fed. Employer's Liability Act |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 50
ORDER granting #49 Joint/Voluntary Motion to Dismiss all claims asserted against National Railroad Passenger Co and BNSF Railway Co. Signed by Judge David C Joseph on 8/17/2023. (crt,Chavis, J)
|
| Filing 49 JOINT MOTION to Dismiss by B N S F Railway Co, National Railroad Passenger Corp, David Halterman. Motion Ripe Deadline set for 8/16/2023. (Attachments: #1 Proposed order)(aty,Gideon, Kyle) Modified filer on 8/16/2023 (Chavis, J). |
| Filing 48 NOTICE of Settlement by B N S F Railway Co, National Railroad Passenger Corp (Attachments: #1 Envelope)(crt,Crick, S) |
| Filing 47 ANSWER to #26 Amended Complaint, with Jury Demand by Crum & Foster Specialty Insurance Co.(Attorney Timothy William Hassinger added to party Crum & Foster Specialty Insurance Co(pty:dft))(aty,Hassinger, Timothy) |
| Filing 46 NOTICE of Intent to dismiss Crum & Foster Specialty Insurance Co for Failure to effect service within 90 days. (crt,LaCombe, L) |
|
Filing 45
ORDER granting #44 Joint Motion to Dismiss. IT IS ORDERED that this lawsuit and all claims asserted by Plaintiff, David Halterman against Defendant, Louisiana Farm Bureau Casualty Insurance Company, are DISMISSED WITH PREJUDICE, with each party to bear their own costs and attorney's fees. Signed by Judge David C Joseph on 4/27/2023. (crt,LaCombe, L)
|
| Filing 44 JOINT/VOLUNTARY MOTION to Dismiss by Louisiana Farm Bureau Casualty Insurance Co, David Halterman. Motion Ripe Deadline set for 4/26/2023. (Attachments: #1 Proposed order)(aty,Begneaud, Lauren) Modified to add filer on 4/27/2023 (Thomas, T). |
|
Filing 43
ORDER granting #42 Motion to Supplement Amended Scheduling Order. Discovery deadline 8/31/2023. Dispositive Motions due by 9/29/2023. Motions in Limine due by 9/29/2023. Signed by Magistrate Judge David J Ayo on 2/13/2023. (crt,Miletello, A)
|
| Filing 42 Consent MOTION to Supplement #41 Amended Scheduling Order by B N S F Railway Co, National Railroad Passenger Corp. Motions referred to David J Ayo. Motion Ripe Deadline set for 2/10/2023. (Attachments: #1 Proposed order)(aty,Gideon, Kyle) Modified on 2/10/2023 to capture more accurate motion event and modify docket text (Miletello, A). |
|
Filing 41
AMENDED SCHEDULING ORDER: Jury Trial set for 3/25/2024 at 9:00 AM in Lafayette, Courtroom 1 before Judge David C Joseph. Pretrial Conference set for 2/29/2024 at 3:30 PM in chambers before Judge David C Joseph. Motions in Limine due by 1/30/2024. Pretrial Order due by 2/22/2024. Affirmation of Settlement Negotiations due 2/22/2024. Trial Depositions due by 2/22/2024. Bench Books due by 2/22/2024. Real Time glossary due by 2/22/2024. Signed by Judge David C Joseph on 1/24/2023. (crt,LaCombe, L)
|
|
Filing 40
ORDER: Jury Trial set for 3/25/2024 at 9:00 AM in Lafayette, Courtroom 1 before Judge David C Joseph. Pretrial Conference set for 2/29/2024 at 3:30 PM in chambers before Judge David C Joseph. It is, finally ORDERED that the Clerk of Court will issue an appropriate scheduling order as to all unelapsed pretrial deadlines. Signed by Magistrate Judge David J Ayo on 1/24/2023. (crt,Chicola, C)
|
| Filing 39 MINUTES for proceedings held before Magistrate Judge David J Ayo: TELEPHONE STATUS CONFERENCE held on 1/5/2023. (crt,Chicola, C) |
| Filing 38 CORPORATE DISCLOSURE STATEMENT by Louisiana Farm Bureau Casualty Insurance Co identifying Corporate Parent Southern Farm Bureau Casualty Insurance Co for Louisiana Farm Bureau Casualty Insurance Co. (aty,Begneaud, Lauren) Modified to add corporate parent on 12/28/2022 (Chavis, J). |
| Filing 37 ANSWER to #26 Amended Complaint, with Jury Demand by Louisiana Farm Bureau Casualty Insurance Co.(aty,Begneaud, Lauren) |
|
Filing 36
ELECTRONIC ORDER:- IT IS ORDERED that the Scheduling Conference now set for Thursday, January 5, 2023 at 10:00 a.m. is CONTINUED until 10:30 a.m. on the same date by phone before Magistrate Judge David J Ayo. Counsel will join the teleconference by dialing 888-684-8852 and entering access code 5910394. Signed by Magistrate Judge David J Ayo on 12/27/2022. (crt,Schutz, E)
|
|
Filing 35
ORDER granting #34 Motion for Extension of Time to Answer re #26 Amended Complaint. Louisiana Farm Bureau Casualty Insurance Company, be and is hereby granted an additional delay of 20 days from the date of signing of this Order in which to file responsive pleadings. Signed by Magistrate Judge David J Ayo on 12/8/2022. (crt,Chicola, C)
|
| Filing 34 MOTION for Extension of Time to File Answer re #26 Amended Complaint, with consent sought but not yet obtained by Louisiana Farm Bureau Casualty Insurance Co. Motions referred to David J Ayo. Motion Ripe Deadline set for 12/7/2022. (Attachments: #1 Proposed order, #2 Exhibit Letter requesting extension)(Attorney Lauren Alaina Camel Begneaud added to party Louisiana Farm Bureau Casualty Insurance Co(pty:dft))(aty,Begneaud, Lauren) |
|
Filing 33
ORDER granting #31 Motion to Continue trial and pretrial conference. Scheduling Conference set for 1/5/2023 10:00 AM by phone before Magistrate Judge David J Ayo. Counsel will join the teleconference by dialing 888-684-8852 and entering access code 5910394. Signed by Magistrate Judge David J Ayo on 11/18/2022. (crt,Chicola, C)
|
| Filing 32 SUMMONS ISSUED as to Crum & Foster Specialty Insurance Co. (crt,Chavis, J) |
| Filing 31 Joint MOTION to Continue Trial with consent by B N S F Railway Co, National Railroad Passenger Corp, Progressive Paloverde Insurance Co, David Halterman, Kristi Delahoussaye, C & T Dirt Works L L P, Chad M Boutte. Motions referred to David J Ayo. Motion Ripe Deadline set for 11/15/2022. (Attachments: #1 Proposed order)(aty,Gideon, Kyle) Modified to add filers on 11/15/2022 (Chavis, J). |
| Filing 30 NOTICE of Change of Address by William Chad Stelly (aty,Stelly, William) |
| Filing 29 PROPOSED SUMMONS to be issued as to Crum and Foster Specialty Insurance Company, submitted by David Halterman. (aty,Stelly, William) (Main Document 29 replaced on 11/15/2022) (Chavis, J). |
| Filing 28 ANSWER to #26 Amended Complaint, with Jury Demand by B N S F Railway Co, National Railroad Passenger Corp.(aty,Gideon, Kyle) |
| Filing 27 SUMMONS ISSUED as to Louisiana Farm Bureau Casualty Insurance Co. (crt,Chavis, J) |
| Filing 26 AMENDED COMPLAINT against B N S F Railway Co, Chad M Boutte, C & T Dirt Works L L P, Kristi Delahoussaye, Louisiana Farm Bureau Casualty Insurance Co, National Railroad Passenger Corp, Progressive Paloverde Insurance Co with Jury Demand filed by David Halterman.(crt,Chavis, J) |
|
Filing 25
ORDER granting #24 Motion to Amend/Correct. Signed by Magistrate Judge David J Ayo on 10/21/2022. (crt,Chavis, J)
|
| Filing 24 MOTION to Amend/Correct #1 Complaint with consent by David Halterman. Motions referred to David J Ayo. Motion Ripe Deadline set for 10/20/2022. (Attachments: #1 Text of proposed order, #2 Proposed pleading First Supplemental and Amended Complaint)(aty,Stelly, William) Modified to properly capture motion event and add docket entry relationship on 10/21/2022 (Chavis, J). |
|
Filing 23
ELECTRONIC MINUTE ENTRY issued by the Clerk. In accordance with Standing Order 1.62, this matter is hereby reassigned. Case reassigned to Magistrate Judge David J Ayo. Magistrate Judge Patrick J Hanna 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 9/7/2022. (crt,Alexander, E)
|
|
Filing 22
ORDER granting #20 Motion for Protective Order. Signed by Magistrate Judge Patrick J Hanna on 8/30/2022. (crt,Chavis, J)
|
|
Filing 21
ORDER granting #19 Motion for Extension. IT IS HEREBY ORDERED that the deadline dates for Plaintiff to join additional defendants and identify any appropriate liability experts be and same are hereby extended for thirty days beyond Amtrak's production of video(s) taken by the locomotive mounted cameras leading up to and at the time of the collision, with production of reports from any testifying liability experts retained by Plaintiff within fifteen (15) days thereafter. Signed by Magistrate Judge Patrick J Hanna on 8/30/2022. (crt,Chavis, J)
|
| Filing 20 Joint MOTION for Protective Order by B N S F Railway Co, National Railroad Passenger Corp. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 8/29/2022. (aty,Gideon, Kyle) Modified to reflect brief included within pdf of main document on 8/29/2022 (Chavis, J). |
| Filing 19 Joint MOTION for Extension of Deadline to Join Additional Parties and to Designate Liability Experts (Joint Motion) with consent by David Halterman. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 8/29/2022. (Attachments: #1 Text of proposed order)(aty,Stelly, William) |
| Filing 18 CORPORATE DISCLOSURE STATEMENT by C & T Dirt Works L L P. (aty,Mitchell, Allen) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT by Progressive Paloverde Insurance Co naming Progressive Direct Holdings Inc, Progressive Corp as corporate parents. (aty,Mitchell, Allen) Modified on 3/2/2022 to add corporate parents (Jones, P). |
|
Filing 16
SCHEDULING ORDER: Jury Trial set for 3/13/2023 09:00 AM in Lafayette, Courtroom 2 before Judge David C Joseph. Pretrial Conference set for 2/23/2023 01:30 PM in chambers before Judge David C Joseph. Joinder of Parties and Amendment of Pleadings due by 8/29/2022. Initial Disclosures exchanged by 8/29/2022. Plaintiffs Expert Info/Reports due by 9/26/2022. Defendants Expert Info/Reports due by 10/26/2022. Discovery deadline 11/25/2022. Dispositive Motions due by 11/25/2022. Daubert Motions due by 11/25/2022. Motions in Limine due by 2/8/2023. Conference/Meeting of counsel to prepare pretrial order to be held by 1/24/2023. Pretrial Order due by 2/16/2023. Trial Depositions due by 2/16/2023. Bench Books due by 3/6/2023. Real Time glossary due by 3/6/2023. Signed by Judge David C Joseph on 2/24/2022. (crt,Roaix, G) (Main Document 16 replaced on 2/25/2022) (Roaix, G).
|
| Filing 14 SECOND NOTICE of Corporate Disclosure Statement Requirement, re: #11 Notice of Corporate Disclosure Statement Requirement, sent to Allen J Mitchell, II on behalf of C & T Dirt Works L L P, Progressive Paloverde Insurance Co. Show Cause Response due by 3/10/2022. (crt,Mitchell, P) |
| Filing 15 MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: SCHEDULING CONFERENCE held on 2/23/2022. (crt,Craig-Fontenot, C) |
|
Filing 13
ELECTRONIC ORDER:- IT IS ORDERED that a Scheduling Conference set for 2/23/2022 11:00 AM by phone 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 2/23/2022. (crt,Schutz, E)
|
| Filing 12 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 1331. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Patrick J Hanna on 2/10/2022. (crt,Schutz, E) |
| Filing 11 NOTICE of Corporate Disclosure Statement Requirement re: #10 Answer to Complaint sent to Allen J Mitchell, II on behalf of C & T Dirt Works L L P and Progressive Paloverde Insurance Co. Corporate Disclosure Statement due by 2/23/2022. (crt,Miletello, A) |
| Filing 10 ANSWER to #1 Complaint, with Jury Demand by Chad M Boutte, C & T Dirt Works L L P, Kristi Delahoussaye, Progressive Paloverde Insurance Co.(Attorney Allen J Mitchell, II added to party Chad M Boutte(pty:dft), Attorney Allen J Mitchell, II added to party C & T Dirt Works L L P(pty:dft), Attorney Allen J Mitchell, II added to party Kristi Delahoussaye(pty:dft), Attorney Allen J Mitchell, II added to party Progressive Paloverde Insurance Co(pty:dft))(aty,Mitchell, Allen) |
| Filing 9 ELECTRONIC MINUTE ENTRY issued by the Clerk. This matter is hereby reassigned. Case reassigned to Judge David C Joseph. 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 8 CORPORATE DISCLOSURE STATEMENT by B N S F Railway Co. (aty,Gideon, Kyle) |
| Filing 7 NOTICE of Corporate Disclosure Statement Requirement re: #6 Answer to Complaint sent to Kyle L Gideon on behalf of B N S F Railway Co. Corporate Disclosure Statement due by 2/9/2022. (crt,Reeves, T) |
| Filing 6 ANSWER to #1 Complaint, with Jury Demand by B N S F Railway Co.(Attorney Kyle L Gideon added to party B N S F Railway Co(pty:dft))(aty,Gideon, Kyle) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by National Railroad Passenger Corp naming Amtrak, Passenger Railroad Insurance Ltd, America Premier Underwiters Inc, American Financial Group Inc, Burlington Northern & Santa Fe L L C, Berkshire Hathaway, Canadian Pacific Railway as corporate parents. (aty,Gideon, Kyle) Modified on 11/22/2021 to add corporate parents (Jones, P). |
| Filing 4 NOTICE of Corporate Disclosure Statement Requirement re: #3 Answer to Complaint, sent to Kyle L Gideon on behalf of National Railroad Passenger Corp. Corporate Disclosure Statement due by 12/2/2021. (crt,Jones, P) |
| Filing 3 ANSWER to #1 Complaint, with Jury Demand by National Railroad Passenger Corp.(Attorney Kyle L Gideon added to party National Railroad Passenger Corp(pty:dft))(aty,Gideon, Kyle) |
| Filing 2 SUMMONS ISSUED as to B N S F Railway Co, Chad M Boutte, C & T Dirt Works L L P, Kristi Delahoussaye, National Railroad Passenger Corp, Progressive Paloverde Insurance Co. (crt,Jones, P) |
| CASE Assigned to Judge Michael J Juneau and Magistrate Judge Patrick J Hanna. (crt,Jones, P) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $402, receipt number ALAWDC-4872720) filed by David Halterman. (Attachments: #1 Civil cover sheet)(Attorney William Chad Stelly added to party David Halterman(pty:pla))(aty,Stelly, William) |
| REQUEST FOR ISSUANCE OF SUMMONS as to All Defendants, requested by David Halterman. (aty,Stelly, William) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Louisiana Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
