Morrissey v. Wendell et al
| Jakima Morrissey |
| Tucker Van Wendell, Progressive Security Insurance Co, Van Wendell Tucker and Progressive County Mutual Insurance Co |
| 6:2022cv00424 |
| February 10, 2022 |
| US District Court for the Western District of Louisiana |
| Robert R Summerhays |
| Carol B Whitehurst |
| Motor Vehicle |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on June 8, 2023. A more recent docket listing may be available from PACER.
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Filing 40
SCHEDULING ORDER: Jury Trial set for 2/5/2024 09:30 AM in Lafayette, Courtroom 3 before Judge Robert R Summerhays. Pretrial Conference set for 1/16/2024 10:00 AM in chambers before Judge Robert R Summerhays. Initial Disclosures exchanged by 6/29/2023. Rule 26 Conference between parties to take place before 7/3/2023. Rule 26 Report due by 7/27/2023. Joinder of Parties and Amendment of Pleadings due by 7/20/2023. Plaintiffs Expert Info/Reports due by 6/20/2023. Defendants Expert Info/Reports due by 7/20/2023. Discovery deadline 8/21/2023. Dispositive Motions due by 9/18/2023. Daubert Motions due by 9/18/2023. Motions in Limine due by 12/18/2023. Conference/Meeting of counsel to prepare pretrial order to be held by 12/18/2023. Pretrial Order due by 1/2/2024. Bench Books due by 1/2/2024. Trial Depositions due by 1/2/2024. Real Time glossary due by 1/9/2024. Affirmation of Settlement Negotiations due 1/9/2024. Signed by Chrissy Fontenot on 6/8/2023. (crt,Craig-Fontenot, C)
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| Filing 39 MINUTES AND ORDER SETTING TRIAL for proceedings held before Magistrate Judge Carol B Whitehurst: STATUS CONFERENCE held on 5/25/2023. IT IS ORDERED that a jury trial is SET for February 5, 2024 before Judge Summerhays in Lafayette. The pretrial conference is SET for January 16, 2024 at 10:00 a.m. in chambers with Judge Summerhays. IT IS FURTHER ORDERED that the Clerk of Court shall issue a new scheduling order commencing with discovery deadlines. (crt,Jordan, P) |
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Filing 38
ELECTRONIC ORDER - The telephone status conference set for May 25, 2023 at 10:00 is re-set for the same date, May 25, 2023 at 2:30 p.m. Counsel shall access the call by dialing 877-336-1839, access code 2869540. Signed by Magistrate Judge Carol B Whitehurst on 5/25/2023. (crt,Coreil, H)
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| Set/Reset Hearings: Magistrate Judge Status Conference reset for 5/25/2023 02:30 PM by phone before Magistrate Judge Carol B Whitehurst. (crt,Jordan, P) |
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Filing 37
MINUTES AND ORDER granting #33 Motion to Continue Telephone Status Conference set for 5/25/2023 10:00 AM by phone before Magistrate Judge Carol B Whitehurst. Signed by Magistrate Judge Carol B Whitehurst on 4/20/2023. (crt,Jordan, P)
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| Filing 36 MINUTE ENTRY: In light of the pending #33 Motion to Continue Trial, the pretrial conference scheduled on April 19, 2023 at 11:00 a.m. is CONTINUED without date at this time. Issued by Judge Robert R Summerhays on 4/14/2023. (crt,Taylor, L) |
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Filing 35
ELECTRONIC ORDER:A telephone conference regarding the motion to continue trial is set for 4/20/2023 at 10:00 AM by phone before Magistrate Judge Carol B Whitehurst. Counsel shall access the call by dialing 877-336-1839, access code 2869540. Signed by Magistrate Judge Carol B Whitehurst on 4/10/2023. (crt,Coreil, H)
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| Filing 34 MINUTE ENTRY REFERRING MOTION: #33 MOTION to Continue Trial filed by Van Wendell Tucker, Progressive County Mutual Insurance Co Motions referred to Magistrate Judge Carol B Whitehurst. Issued by Judge Robert R Summerhays on 4/6/2023. (crt,Craig-Fontenot, C) |
| Filing 33 MOTION to Continue Trial with consent sought but not yet obtained by Progressive County Mutual Insurance Co, Van Wendell Tucker. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 4/5/2023. (Attachments: #1 Proposed order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(aty,Corry, Michael) Modified filers on 4/5/2023 (Miletello, A). |
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Filing 32
ORDER granting #31 Motion to Enroll as Additional Counsel of Record. Added as counsel Brandon Michael Verret for Progressive County Mutual Insurance Co and Van Wendell Tucker. Signed by Magistrate Judge Carol B Whitehurst on 4/5/2023. (crt,Enkey, R)
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| Motions Transferred regarding #33 MOTION to Continue Trial. Motions referred to Judge Robert R Summerhays. (crt,Miletello, A) |
| Filing 31 MOTION for Brandon M. Verret to Enroll as Counsel by Progressive County Mutual Insurance Co, Progressive Security Insurance Co, Van Wendell Tucker, Tucker Van Wendell. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 4/3/2023. (aty,Corry, Michael) |
| Filing 30 MINUTES AND MEMORANDUM ORDER for proceedings held before Magistrate Judge Carol B Whitehurst: denying #26 Motion for Settlement; TELEPHONE CONFERENCE held on 3/17/2023. IT IS ORDERED that Defendants Motion to Enforce Settlement (Rec. Doc. 26) is DENIED. IT IS FURTHER ORDERED that the parties shall depose Defendant Tucker by video conference before April 7, 2023. The parties shall split the cost of the deposition. IT IS FURTHER ORDERED that the deadlines to file motions in limine and the pretrial order are STAYED pending an anticipated resolution following Tuckers deposition. (crt,Jordan, P) |
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Filing 29
ELECTRONIC ORDER: A telephone hearing on Defendants' Motion to Enforce Settlement is set for 3/17/2023 at 10:00 AM by phone before Magistrate Judge Carol B Whitehurst. Counsel shall access the call by dialing 877-336-1839, access code 2869540. Signed by Magistrate Judge Carol B Whitehurst on 2/16/2023. (crt,Coreil, H)
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| Filing 28 NOTICE of Motion Setting regarding: #26 MOTION to Enforce Settlement . Motions referred to Magistrate Judge Carol B Whitehurst. (crt,Thomas, T) |
| NOTICE of Corrective Action regarding #27 Notice of Motion Setting. Action taken: Modified to indicate document filed in wrong case. (crt,Thomas, T) |
| Filing 27 FILED IN WRONG CASE - NOTICE of Motion Setting regarding: #26 MOTION to Enforce Settlement . Motions referred to Magistrate Judge Carol B Whitehurst. (crt,Thomas, T) Modified to indicate document filed in wrong case on 2/14/2023 (Thomas, T). |
| Filing 26 MOTION to Enforce Settlement by Progressive County Mutual Insurance Co, Van Wendell Tucker . Motions referred to Carol B Whitehurst. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Attorney Michael P Corry added to party Tucker Van Wendell(pty:dft))(aty,Corry, Michael) Modified to edit text on 2/13/2023 (Thomas, T). |
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Filing 25
ORDER granting #14 Motion to Compel. Defendants shall, by January 25, 2023, provide amended responses to previously issued discovery specifically stating the name of any potentially involved company, identify any insurance policies potentially insuring said company, and Defendant Tuckers duties while working for said company, if applicable. After receipt of the amended responses, if deemed necessary, Plaintiff may depose Defendant Tucker by February 15, 2023. Should the parties need additional time to conduct the deposition, they may mutually agree to schedule the deposition beyond the foregoing deadline without the need for a court order.. Signed by Magistrate Judge Carol B Whitehurst on 1/18/2023. (crt,Jordan, P)
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| Filing 24 MINUTES for proceedings held before Magistrate Judge Carol B Whitehurst: TELEPHONE MOTION HEARING held on 1/18/2023 re #14 MOTION to Compel filed by Jakima Morrissey. The Court shall issue a separate ruling. (crt,Jordan, P) |
| Filing 23 MEMORANDUM in Opposition re #14 MOTION to Compel filed by Progressive County Mutual Insurance Co, Van Wendell Tucker. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(aty,Noel, Christie) Modified on 1/12/2023 to add filer (Miletello, A). |
| Filing 22 AMENDED EXHIBIT 2 to Memo/Brief re #14 MOTION to Compel by Jakima Morrissey. (crt,Crick, S) |
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Filing 21
ORDER granting #19 Motion to Amend/Correct. Signed by Magistrate Judge Carol B Whitehurst on 1/10/2023. (crt,Crick, S)
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| Filing 20 PROPOSED EXHIBIT corrected by Jakima Morrissey. (aty,Gillie, Kevin) Modified on 1/9/2023 to more accurately describe pleading submitted & create docket entry relationship (Miletello, A). |
| Filing 19 MOTION to Amend/Correct #14 Motion to Compel with consent by Jakima Morrissey. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 1/6/2023. (Attachments: #1 Corrected at Doc #20 -Proposed Amended Exhibit, #2 Proposed order)(aty,Gillie, Kevin) Modified on 1/6/2023 to create docket entry relationship and modify docket text (Miletello, A). Modified on 1/9/2023 to indicate proposed exhibit corrected at doc #20 (Miletello, A). |
| Set/Reset Deadlines as to #14 MOTION to Compel . Motion day set for 1/18/2023 10:00 AM by phone before Magistrate Judge Carol B Whitehurst. See 18 (crt,Jordan, P) |
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Filing 18
ELECTRONIC ORDER: A telephone hearing on Plaintiff's Motion to Compel (Doc. 14) is set for 1/18/2023 at 10:00 AM by phone before Magistrate Judge Carol B Whitehurst. Oppositions to the motion shall be filed by January 13, 2023. Counsel shall access the conference by dialing 877-336-1839, access code 2869540. Signed by Magistrate Judge Carol B Whitehurst on 1/5/2023. (crt,Coreil, H)
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| Filing 17 PROPOSED ORDER/JUDGMENT by Jakima Morrissey. (aty,Gillie, Kevin) |
| Filing 16 SUPPLEMENTAL CERTIFICATE OF CONFERENCE by Jakima Morrissey re #15 Order, Set Deadlines . (aty,Gillie, Kevin) Modified to more accurately reflect document filed on 1/5/2023 (Thomas, T). |
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Filing 15
NOTICE & ORDER re #14 MOTION to Compel. Supplemental Certification due 1/4/2023. Signed by Magistrate Judge Carol B Whitehurst on 12/21/2022. (crt,Crick, S)
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| Filing 14 MOTION to Compel by Jakima Morrissey. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 12/20/2022. (Attachments: #1 Memorandum / Brief, #2 Exhibit)(aty,Gillie, Kevin) Modified on 1/10/2023 to indicate #22 Amended Exhibit 2 submitted.(Crick, S). |
| NOTICE of Corrective Action to Michael P Corry on behalf of Progressive County Mutual Insurance Co regarding #13 Witness List. Action taken: Modified text of entry to reflect electronically filed in error. Counsel is reminded of Local Rule 26.5, FRCP5(d), and Standing Order 1.15; local and federal rules do not allow routine filing of discovery, including disclosures and subpoenas under Rule 26. No further action on part of counsel is required. (crt,Alexander, E) |
| Filing 13 ELECTRONICALLY FILED IN ERROR. WITNESS LIST filed (restricted access) Expert Witness Disclosures by Progressive County Mutual Insurance Co, Van Wendell Tucker. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(aty,Corry, Michael) Modified to reflect electronically filed in error on 10/20/2022. (Alexander, E) |
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Filing 12
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 Carol B Whitehurst on 5/19/2022. (crt,Coreil, H)
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| Filing 11 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 1332. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Carol B Whitehurst on 5/19/2022. (crt,Coreil, H) |
| Filing 10 RULE 26(f) Report by Progressive County Mutual Insurance Co, Van Wendell Tucker, Jakima Morrissey. (aty,Corry, Michael) Modified on 5/18/2022 to add filer (Jones, P). |
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Filing 9
SCHEDULING ORDER: Jury Trial set for 5/1/2023 09:30 AM in Lafayette, Courtroom 3 before Judge Robert R Summerhays. Pretrial Conference set for 4/19/2023 11:00 AM in chambers before Judge Robert R Summerhays. Initial Disclosures exchanged by 4/20/2022. Rule 26 Conference between parties to take place before 4/25/2022. Rule 26 Report due by 5/18/2022. Joinder of Parties and Amendment of Pleadings due by 10/21/2022. Plaintiffs Expert Info/Reports due by 9/21/2022. Defendants Expert Info/Reports due by 10/21/2022. Discovery deadline 11/21/2022. Dispositive Motions due by 12/20/2022. Daubert Motions due by 12/20/2022. Motions in Limine due by 3/20/2023. Conference/Meeting of counsel to prepare pretrial order to be held by 3/20/2023. Pretrial Order due by 4/5/2023. Bench Books due by 4/5/2023. Trial Depositions due by 4/5/2023. Real Time glossary due by 4/12/2023. Affirmation of Settlement Negotiations due 4/12/2023.. Signed by Paula S. Jordan on 3/30/2022. (crt,Jordan, P)
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Filing 8
ORDER granting #7 Motion to Substitute Attorney. Added attorney Kevin Jerome Gillie for Jakima Morrissey. Attorney Lucretia P Pecantte-Burton terminated. Signed by Magistrate Judge Carol B Whitehurst on 3/21/2022. (crt,Jones, P)
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| Filing 7 MOTION to Substitute Attorney Kevin J. Gillie in place of Lucretia P. Pecantte with consent by Jakima Morrissey. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 3/18/2022. (Attachments: #1 Proposed order)(Attorney Kevin Jerome Gillie added to party Jakima Morrissey(pty:pla))(aty,Gillie, Kevin) |
| Filing 6 RESPONSE TO REMOVAL ORDER by Progressive County Mutual Insurance Co, Van Wendell Tucker . (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K, #5 Exhibit L, #6 Exhibit M, #7 Exhibit N, #8 Exhibit O, #9 Exhibit P, #10 Exhibit Q, #11 Exhibit R, #12 Exhibit S, #13 Exhibit T, #14 Exhibit U, #15 Exhibit V, #16 Exhibit W, #17 Exhibit X, #18 Exhibit Y, #19 Exhibit Z, #20 Exhibit AA, #21 Exhibit BB, #22 Exhibit CC, #23 Exhibit DD, #24 Exhibit EE, #25 Exhibit FF, #26 Exhibit GG, #27 Exhibit HH, #28 Exhibit II, #29 Exhibit JJ, #30 Exhibit KK)(aty,Corry, Michael) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by Progressive County Mutual Insurance Co (Attorney Michael P Corry added to party Progressive County Mutual Insurance Co(pty:dft)). (aty,Corry, Michael) |
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Filing 4
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Carol B Whitehurst on 2/11/2022. (crt,Chicola, C)
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| Filing 3 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Carol B Whitehurst. Motion Ripe Deadline set for 2/10/2022. (crt,Jones, P) |
| Filing 2 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal, sent to Michael P Corry, Christie P Noel on behalf of Progressive County Mutual Insurance Co, erroneously named as Progressive Security Insurance Co. Corporate Disclosure Statement due by 2/24/2022. (crt,Jones, P) Modified on 2/11/2022 to modify party name (Jones, P). |
| Filing 1 NOTICE of Removal from 15th JDC Lafayette Parish, Case Number 2021-5547 (Filing fee $402, receipt number ALAWDC-4993553) filed by Van Wendell Tucker, erroneously named as Tucker Van Wendell, Progressive County Mutual Insurance Co, erroneously named as Progressive Security Insurance Co. (Attachments: #1 Civil cover sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Attorney Michael P Corry added to party Progressive County Mutual Insurance Co, Van Wendell Tucker(pty:dft))(aty,Corry, Michael) Modified on 2/10/2022 to edit text (Jones, P). Modified on 2/11/2022 to edit party name (Jones, P). |
| ANSWER to Complaint with Jury Demand by Progressive Security Insurance Co, Van Wendell Tucker. ADMINISTRATIVE ENTRY: PDF IMAGE CAN BE FOUND IN ATTACHMENT #4 TO #1 NOTICE OF REMOVAL.(crt,Jones, P) |
| CASE Assigned to Judge Robert R Summerhays and Magistrate Judge Carol B Whitehurst. (crt,Jones, P) |
| AMENDED ANSWER to with Jury Demand by Progressive Security Insurance Co, Van Wendell Tucker. ADMINISTRATIVE ENTRY: PDF IMAGE CAN BE FOUND IN ATTACHMENT #5 TO #1 NOTICE OF REMOVAL. (crt,Jones, P) |
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