Swilley v. Progressive County Mutual Insurance Co et al
| Vaughn Swilley |
| Progressive County Mutual Insurance Company, Larry Brooks, Jr., Shelter Mutual Insurance Company, Progressive County Mutual Insurance Co, Larry Brooks, Jr and Shelter Mutual Insurance Co |
| 6:2022cv01216 |
| May 5, 2022 |
| US District Court for the Western District of Louisiana |
| David J Ayo |
| Patrick J Hanna |
| David C Joseph |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on August 10, 2023. A more recent docket listing may be available from PACER.
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Filing 32
ELECTRONIC ORDER - Now pending before this Court is a Motion to Compel filed by Plaintiff. (Rec. Doc. 30). Considering the movant's oral motion to stay the motion to compel and to continue the hearing on this motion, now set for Thursday, August 10, 2023 at 1:30 p.m. without date, it is hereby ORDERED that the telephone hearing set for the aforementioned date is CONTINUED without date. It is further ORDERED that Plaintiff's Motion to Compel (Rec. Doc. 30) is STAYED. Plaintiff may move to lift this stay and reurge the motion if future need arises. If the motion is not reurged by FRIDAY, SEPTEMBER 15, 2023, it will be declared moot. In that circumstance, Plaintiff may nevertheless reurge the motion by refiling. Signed by Magistrate Judge David J Ayo on 8/10/2023. (crt,Schutz, E)
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Filing 31
ELECTRONIC ORDER:- Considering Plaintiff's recent motion to compel (Rec. Doc. 30), it is hereby ORDERED that a Magistrate Judge Status Conference set for Thursday, 8/10/2023 at 01:30 PM 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 8/4/2023. (crt,Schutz, E)
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| Filing 30 First MOTION to Compel Deposition of Larry Brooks Jr by Vaughn Swilley. Motions referred to David J Ayo. Motion Ripe Deadline set for 8/3/2023. (Attachments: #1 Memorandum / Brief Memorandum in support of motion to compel, #2 Certificate re efforts to resolve-LR 37.1 Rule 37 certificate, #3 Proposed order to compel deposition, #4 Exhibit A- Petition for Damages, #5 Exhibit Exhibit B- Rule 37 letter, #6 Exhibit C- Email communications in globo)(aty,Wallace, Brandon) |
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Filing 29
ORDER granting #28 Motion to Substitute Attorney. Added attorney Brandon O Wallace for Vaughn Swilley. Attorney Logan Michael Landgrave terminated. Signed by Magistrate Judge David J Ayo on 5/16/2023. (crt,Chavis, J)
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| Filing 28 MOTION to Substitute Attorney Brandon O. Wallace in place of Logan M. Landgrave with consent by Vaughn Swilley. Motions referred to David J Ayo. Motion Ripe Deadline set for 5/15/2023. (Attachments: #1 Proposed order Proposed Substitution Of Counsel Order)(Attorney Brandon O Wallace added to party Vaughn Swilley(pty:pla))(aty,Wallace, Brandon) |
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Filing 27
ORDER TO STRIKE #24 First MOTION to Substitute Attorney Brandon O. Wallace in place of Logan M. Landgrave. Signed by Magistrate Judge David J Ayo on 5/2/2023. (crt,Miletello, A)
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| Filing 26 PROPOSED ORDER re #24 Motion to Substitute Attorney, Referred to Magistrate Judge David J Ayo. Motion Ripe Deadline set for 4/28/2023. (crt,Mitchell, P) |
| Filing 25 NOTICE of Deficiency to Logan Michael Landgrave on behalf of Vaughn Swilley regarding #24 First MOTION to Substitute Attorney Brandon O. Wallace in place of Logan M. Landgrave with consent sought but not yet obtained. Reason: Either no proposed order accompanied this motion, or the proposed order was not on a separate page. Please see LR7.4.1 or LR58.1 for additional information. The motion cannot be referred to chambers until this deficiency is corrected. (crt,Chavis, J) |
| Filing 24 *STRICKEN* DEFICIENT ? First MOTION to Substitute Attorney Brandon O. Wallace in place of Logan M. Landgrave with consent sought but not yet obtained by Vaughn Swilley. Motions referred to David J Ayo. Motion Ripe Deadline set for 3/31/2023. (aty,Landgrave, Logan) Modified to indicate deficiency on 3/31/2023 (Chavis, J). Modified on 5/3/2023 to reflect as stricken, see #27 Order (Miletello, A). |
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Filing 23
SCHEDULING ORDER: Jury Trial set for 5/13/2024 at 9:00 AM in Lafayette, Courtroom 1 before Judge David C Joseph. Pretrial Conference set for 4/24/2024 at 10:00 AM in chambers before Judge David C Joseph. Initial Disclosures exchanged by 2/14/2023. Rule 26 Conference between parties to take place before 2/21/2023. Rule 26 Report due by 3/14/2023. Joinder of Parties and Amendment of Pleadings due by 9/27/2023. Plaintiffs Expert Info/Reports due by 9/27/2023. Defendants Expert Info/Reports due by 10/27/2023. Discovery deadline 11/27/2023. Dispositive Motions due by 12/26/2023. Daubert Motions due by 12/26/2023. Motions in Limine due by 3/25/2024. Pretrial Order due by 4/17/2024. Affirmation of Settlement Negotiations due 4/17/2024. Trial Depositions due by 4/17/2024. Bench Books due by 4/17/2024. Real Time glossary due by 4/17/2024. Signed by Judge David C Joseph on 1/24/2023. (crt,LaCombe, L)
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Filing 22
ORDER: Jury Trial set for 5/13/2024 at 9:00 AM in Lafayette, Courtroom 1 before Judge David C Joseph. Pretrial Conference set for 4/24/2024 10:00 AM in chambers before Judge David C Joseph. It is finally ORDERED that the Clerk of Court shall issue an appropriate scheduling order as to all unelapsed pretrial deadlines in this case. Signed by Magistrate Judge David J Ayo on 1/12/2023. (crt,Chicola, C)
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| Filing 21 MINUTES for proceedings held before Magistrate Judge David J Ayo: TELEPHONE STATUS CONFERENCE held on 1/23/2023. (crt,Chicola, C) |
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Filing 20
ORDER: ORDERED that the Clerk of Court shall terminate the #16 Motion for Disclosure. #19 Motion to Continue is GRANTED. Scheduling Conference set for 1/23/2023 at 1:30 PM in 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 12/16/2022. (crt,Chicola, C)
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| Filing 19 MOTION to Continue Trial with consent sought but not yet obtained, MOTION for Extension of Deadlines with consent sought but not yet obtained (Motion Ripe Deadline set for 12/14/2022.) by Vaughn Swilley. Motions referred to David J Ayo. (Attachments: #1 Proposed order)(aty,Landgrave, Logan) |
| Filing 18 ANSWER to Complaint with Jury Demand by Larry Brooks, Jr.(Attorney Ian A MacDonald added to party Larry Brooks, Jr(pty:dft))(aty,MacDonald, Ian) |
| Filing 17 NOTICE of Motion Setting regarding: #16 MOTION for Disclosure of witnesses and exhibits . Motions referred to Magistrate Judge David J Ayo. (crt,Chavis, J) |
| Filing 16 MOTION for Disclosure of witnesses and exhibits by Shelter Mutual Insurance Co. Motions referred to David J Ayo. Motion Ripe Deadline set for 12/7/2022. (aty,Kee, Patrick) |
| Filing 15 AFFIDAVIT of Service for Petition, Interrogatories, and Requests for Production served on Larry Brooks on 3/8/2022, filed by Vaughn Swilley. (15th JDC, parish of Lafayette, #C20220506) (aty,Landgrave, Logan) Modified to edit docket text on 12/1/2022 (Chavis, J). |
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Filing 14
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 9/2/2022. (crt,Whidden, C)
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| Filing 13 NOTICE of Interested Persons by Shelter Mutual Insurance Co Certificate of Interested Persons (aty,Kee, Patrick) |
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Filing 12
SCHEDULING ORDER: Jury Trial set for 6/26/2023 at 9:00 AM in Lafayette, Courtroom 2 before Judge David C Joseph. Pretrial Conference set for 5/23/2023 at 10:00 AM in chambers before Judge David C Joseph. Joinder of Parties and Amendment of Pleadings due by 11/25/2022. Initial Disclosures exchanged by 11/25/2022. Plaintiffs Expert Info/Reports due by 12/27/2022. Defendants Expert Info/Reports due by 1/23/2023. Discovery deadline 2/22/2023. Dispositive Motions due by 2/22/2023. Daubert Motions due by 2/22/2023. Motions in Limine due by 5/8/2023. Conference/Meeting of counsel to prepare pretrial order to be held by 4/24/2023. Pretrial Order due by 5/16/2023. Trial Depositions due by 5/16/2023. Bench Books due by 6/20/2023. Real Time glossary due by 6/20/2023. Signed by Judge David C Joseph on 6/17/2022. (crt,LaCombe, L)
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Filing 11
AMENDED ORDER: The Courts prior order, issued June 14, 2022,1 is hereby amended to read: This matter was referred to the undersigned for trial setting. For the reasons expressed in the telephone scheduling conference held this day, it is hereby, ORDERED that the trial of this matter is now set for Monday, June 26, 2023 before U.S. District Judge David C. Joseph in Courtroom 2 at the U.S. District Court in Lafayette, Louisiana. A pretrial conference before Judge Joseph is also set for Tuesday, May 23, 2023 at 10:00 a.m. Considering the foregoing, it is further, ORDERED that the Clerk of Court issue a scheduling order in this case. Signed by Magistrate Judge Patrick J Hanna on 6/16/2022. (crt,Chavis, J) Modified on 6/17/2022 (Chavis, J).
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Filing 10
ORDER that Trial is set for 6/27/2023 09:00 AM in Lafayette, Courtroom 2 before Judge David C Joseph. Pretrial Conference set for 5/23/2023 10:00 AM in chambers before Judge David C Joseph. Signed by Magistrate Judge Patrick J Hanna on 6/15/2022. (crt,Miletello, A)
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| Filing 9 MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: STATUS CONFERENCE held on 6/14/2022. (crt,Craig-Fontenot, C) |
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Filing 8
ELECTRONIC ORDER:- IT IS ORDERED that a Magistrate Judge Status Conference is now set for Tuesday, 6/14/2022 at 10:30 AM by phone before Magistrate Judge Patrick J Hanna for the purpose of selecting pretrial conference and trial dates. Counsel will join the telephone conference by dialing 888-684-8852 and entering access code 5910394. Signed by Magistrate Judge Patrick J Hanna on 6/9/2022. (crt,Schutz, E)
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| Filing 7 CORPORATE DISCLOSURE STATEMENT by Progressive County Mutual Insurance Co naming Progressive Corp as corporate parent. (aty,MacDonald, Ian) Modified on 5/24/2022 to add corporate parent (Jones, P). |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by Shelter Mutual Insurance Co. (aty,Kee, Patrick) |
| Filing 5 SECOND NOTICE of Corporate Disclosure Statement Requirement, re: #2 Notice of Corporate Disclosure Statement Requirement, sent to Ian A MacDonald on behalf of Progressive County Mutual Insurance Co. Show Cause Response due by 6/3/2022. (crt,Mitchell, P) |
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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 Patrick J Hanna on 5/10/2022. (crt,Craig-Fontenot, C)
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| Filing 3 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Patrick J Hanna. Motion Ripe Deadline set for 5/5/2022. (crt,Chavis, J) |
| Filing 2 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal, sent to Ian A MacDonald on behalf of Progressive County Mutual Insurance Company. Corporate Disclosure Statement due by 5/19/2022. (crt,Chavis, J) |
| ANSWER to Complaint filed in Case #C20220506, 15th JDC, Lafayette Parish, on 02/11/2022 by Progressive County Mutual Insurance Company and 03/24/2022 by Shelter Mutual Insurance Company. ADMINISTRATIVE ENTRY as pleading filed within pdf of attachment #7 to #1 Notice of Removal. (Attorney Patrick Wade Kee added to party Progressive County Mutual Insurance Company(pty:dft), Attorney Ian A MacDonald added to party Shelter Mutual Insurance Company(pty:dft))(crt,Chavis, J) |
| CASE Assigned to Judge David C Joseph and Magistrate Judge Patrick J Hanna. (crt,Chavis, J) |
| Filing 1 NOTICE of Removal from 15th JDC, Lafayette Parish, Case Number C-20220506-E with Jury Demand; (Filing fee $402, receipt number ALAWDC-5094063) filed by Progressive County Mutual Insurance Company. (Attachments: #1 Exhibit Exhibit to Notice of Removal, #2 Exhibit Certificate of Filing Notice of Removal, #3 Exhibit List of Parties and Pleadings, #4 Exhibit Consent of Removal, #5 Exhibit Proof of Service, #6 Civil cover sheet Civil Cover Sheet, #7 State court petition State Court Pleadings)(Attorney Ian A MacDonald added to party Progressive County Mutual Insurance Company(pty:dft))(aty,MacDonald, Ian) |
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