Alleman v. Louisiana et al
| Johnny Alleman |
| State of Louisiana, Michelin North America Inc D/B/A Michelin Tire Corporation, Trevor Farkas, State Farm Mutual Automobile Insurance Co, Allstate Property & Casualty Insurance Co, Michelin North America Inc doing business as Michelin Tire Corp and USA |
| 6:2022cv01608 |
| June 10, 2022 |
| US District Court for the Western District of Louisiana |
| David C Joseph |
| Carol B Whitehurst |
| Motor Vehicle |
| 28 U.S.C. § 1346 Tort Claim |
| Defendant |
Docket Report
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| Filing 46 REMAND RECORD RECEIVED by 15th JDC-Acadia Parish on 11/30/2022, assigned case number 2021-10739. (crt,Miletello, A) |
| Filing 45 REMARK: Copies forwarded to state court by CRD 11/28/2022. (crt,LaCombe, L) |
| Filing 44 NOTICE of Remand to Clerk of 15th Judicial District Court for Acadia Parish. (crt,LaCombe, L) |
Filing 43
JUDGMENT adopting #42 Report and Recommendations. IT IS ORDERED the State of Louisiana's MOTION TO DISMISS [Doc. 28] is GRANTED IN PART AND DENIED IN PART. The motion is granted to the extent the State moves to dismiss for lack of subject matter jurisdiction pursuant to F.R.C.P. Rule 12(b)(1). Plaintiff's claims are hereby REMANDED to state court. The State's motion is denied in all other respects. IT IS FURTHER ORDERED that Plaintiff's MOTION TO REMAND [Doc. 33] is GRANTED. Signed by Judge David C Joseph on 11/28/2022. (crt,LaCombe, L)
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| Filing 42 REPORT AND RECOMMENDATIONS re #33 MOTION to Remand for Lack of Jurisdiction filed by Johnny Alleman, #28 MOTION to Dismiss for Lack of Jurisdiction,MOTION to Dismiss For Failure to State a Claim filed by State of Louisiana Objections to R&R due by 11/23/2022. For the reasons discussed herein, the Court recommends that the State of Louisianas Motion to Dismiss (Rec. Doc. 28) be GRANTED IN PART AND DENIED IN PART. The motion should be granted to the extent the State moves to dismiss for lack of subject matter jurisdiction pursuant to F.R.C.P. Rule 12(b)(1); however, Plaintiffs claims should be remanded to state court, rather than dismissed. The motion should be denied in all other respects. The Court further recommends that Plaintiffs Motion to Remand (Rec. Doc. 33) be GRANTED. Signed by Magistrate Judge Carol B Whitehurst on 11/9/2022. (crt,Jordan, P) |
| Filing 41 REPLY to Response to Motion re #33 MOTION to Remand for Lack of Jurisdiction filed by Johnny Alleman. (crt,Miletello, A) |
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Filing 40
ORDER granting #39 Motion for Leave to File Reply. Signed by Magistrate Judge Carol B Whitehurst on 11/8/2022. (crt,Miletello, A)
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| Filing 39 MOTION for Leave to File Reply to #33 Motion to Remand with consent by Johnny Alleman. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 11/7/2022. (Attachments: #1 Proposed order, #2 Proposed pleading)(aty,Elmer, Wesley) Modified on 11/7/2022 to create docket entry relationship and modify docket text (Miletello, A). |
| Filing 38 MEMORANDUM in Opposition re #33 MOTION to Remand for Lack of Jurisdiction filed by State of Louisiana. (aty,Murphy, Cranay) |
| Filing 37 REPLY to Response to Motion re #28 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss For Failure to State a Claim filed by State of Louisiana. (crt,Miletello, A) |
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Filing 36
ORDER granting #35 Motion for Leave to File Reply Brief. Signed by Magistrate Judge Carol B Whitehurst on 10/21/2022. (crt,Miletello, A)
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| Filing 35 MOTION for Leave to File Reply Brief re #28 Motion to Dismiss for Lack of Jurisdiction, Motion to Dismiss For Failure to State a Claim by State of Louisiana. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 10/20/2022. (Attachments: #1 Proposed pleading, #2 Proposed order)(aty,Murphy, Cranay) Modified on 10/21/2022 to create docket entry relationship and modify docket text (Miletello, A). |
| Filing 34 NOTICE of Motion Setting regarding: #33 MOTION to Remand for Lack of Jurisdiction. Motions referred to Magistrate Judge Carol B Whitehurst. (crt,Miletello, A) |
| Filing 33 MOTION to Remand for Lack of Jurisdiction by Johnny Alleman. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 10/13/2022. (Attachments: #1 Memorandum / Brief in Support of Motion to Remand, #2 Proposed order)(aty,Elmer, Wesley) |
| Filing 32 MEMORANDUM in Opposition re #28 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss For Failure to State a Claim and Lack of Jurisdiction filed by Johnny Alleman. (Attachments: #1 Exhibit Certificate regarding Trevor Farkas)(aty,Elmer, Wesley) (Attachment 1 replaced to correct page orientation on 10/13/2022) (Miletello, A). |
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Filing 31
JUDGMENT adopting #30 Report and Recommendations. IT IS ORDERED that, consistent with the REPORT AND RECOMMENDATION [Doc. 30], the United States' MOTION TO DISMISS FOR LACK OF JURISDICTION [Doc. 19] is GRANTED. Plaintiffs claims against the United States and Trevor Farkas are hereby DISMISSED WITHOUT PREJUDICE. Signed by Judge David C Joseph on 10/11/2022. (crt,LaCombe, L)
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| Filing 30 REPORT AND RECOMMENDATIONS re #19 MOTION to Dismiss for Lack of Jurisdiction filed by Trevor Farkas. Objections to R&R due by 10/7/2022. Signed by Magistrate Judge Carol B Whitehurst on 9/23/2022. (crt,Taylor, L) |
| Filing 29 NOTICE of Motion Setting regarding: #28 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss For Failure to State a Claim. Motions referred to Magistrate Judge Carol B Whitehurst. (crt,Miletello, A) |
| Filing 28 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss For Failure to State a Claim by State of Louisiana. Motions referred to Carol B Whitehurst. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Murphy, Cranay) Modified docket text on 9/23/2022 (Miletello, A). |
| Filing 27 CERTIFICATE indicating No Opposition re #19 MOTION to Dismiss for Lack of Jurisdiction by Wesley K Elmer on behalf of Johnny Alleman, (aty,Elmer, Wesley) Modified docket text on 9/22/2022 (Miletello, A). |
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Filing 26
ORDER granting #14 Motion to Substitute Party. IT IS FURTHER ORDERED that the United States be substituted in place of Trevor Farkas; and IT IS FURTHER ORDERED that Trevor Farkas is hereby dismissed from this action as a defendant. Signed by Magistrate Judge Carol B Whitehurst on 9/13/2022. (crt,Miletello, A)
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| Filing 25 CERTIFICATE indicating No Opposition re #14 MOTION to Substitute Party Defendant Pursuant to Federal Torts Claims Act by Wesley K Elmer on behalf of Johnny Alleman, (aty,Elmer, Wesley) Modified docket text on 9/12/2022 (Miletello, A). |
| Filing 24 ANSWER to Complaint with Jury Demand by Allstate Property & Casualty Insurance Co.(aty,Donovan, James) |
| Filing 23 NOTICE of Deficiency to James L Donovan, Jr on behalf of Allstate Property & Casualty Insurance Co regarding #22 Answer to Complaint. Reason: The document is not on letter-size paper as required by LR10.1. (crt,Miletello, A) |
| Filing 22 DEFICIENT. ANSWER to Complaint with Jury Demand by Allstate Property & Casualty Insurance Co.(Attorney James L Donovan, Jr added to party Allstate Property & Casualty Insurance Co(pty:dft))(aty,Donovan, James) Modified on 9/8/2022 to reflect as deficient (Miletello, A). Modified on 9/9/2022 to reflect corrected and resubmitted at Doc #24 (Miletello, A). |
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Filing 21
ORDER granting #18 Motion for Extension of Time to Answer. State of Louisiana answer due 10/3/2022. Signed by Magistrate Judge Carol B Whitehurst on 9/2/2022. (crt,Miletello, A)
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| Filing 20 NOTICE of Motion Setting without oral argument regarding: #19 MOTION to Dismiss for Lack of Jurisdiction. Motions referred to Magistrate Judge Carol B Whitehurst. Motion day set for 10/19/2022 before Magistrate Judge Carol B Whitehurst. (crt,Miletello, A) |
| Filing 19 MOTION to Dismiss for Lack of Jurisdiction by Trevor Farkas. Motions referred to Carol B Whitehurst. (Attachments: #1 Memorandum / Brief, #2 Exhibit Gov. Ex. A. Lenahan Declaration with Attachments)(aty,Williams, Desiree) |
| Filing 18 Unopposed MOTION for Extension of Time to File Answer by State of Louisiana. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 9/1/2022. (Attachments: #1 Proposed order)(Attorney Cranay D Murphy added to party State of Louisiana(pty:dft))(aty,Murphy, Cranay) Modified docket text on 9/1/2022 (Miletello, A). |
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Filing 17
ORDER granting #16 Motion for Extension of Time to Answer re #1 Notice of Removal. Trevor Farkas answer due 9/1/2022. Signed by Magistrate Judge Carol B Whitehurst on 8/29/2022. (crt,Chicola, C)
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| Filing 16 Unopposed MOTION for Extension of Time to File Answer with consent by Trevor Farkas. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 8/25/2022. (Attachments: #1 Proposed order)(aty,Williams, Desiree) |
| Filing 15 NOTICE of Motion Setting without oral argument regarding: #14 MOTION to Substitute Party Defendant Pursuant to Federal Torts Claims Act. Motions referred to Magistrate Judge Carol B Whitehurst. Motion day set for 10/19/2022 before Magistrate Judge Carol B Whitehurst. (crt,Miletello, A) |
| Filing 14 MOTION to Substitute Party Defendant Pursuant to Federal Torts Claims Act with opposition by Trevor Farkas. Motion Ripe Deadline set for 8/22/2022. (Attachments: #1 Proposed order)(aty,Williams, Desiree) |
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Filing 13
ORDER granting #8 Motion to Appear Pro Hac Vice for appearance of Stephen E Oertle for Michelin North America Inc. Signed by Magistrate Judge Carol B Whitehurst on 8/4/2022. (crt,Crick, S)
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Filing 12
ORDER granting #7 Motion to Appear Pro Hac Vice for appearance of Jacob Daniel Taylor for Michelin North America Inc. Signed by Magistrate Judge Carol B Whitehurst on 8/4/2022. (crt,Crick, S)
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| Filing 11 CORRECTIVE DOCUMENT entitled Motion Pro Hac Vice filed by Michelin North America Inc regarding #7 MOTION for Jacob Taylor to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5199430) . (aty,Stedman, Richard) |
| Filing 10 CORRECTIVE DOCUMENT entitled Motion Pro Hac Vice filed by Michelin North America Inc regarding #8 MOTION for Stephen Oertle to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5199478) . (aty,Stedman, Richard) |
| Filing 9 NOTICE of Deficiency to Richard R Stedman, II on behalf of Michelin North America Inc regarding #7 MOTION for Jacob Taylor to Appear Pro Hac Vice, #8 MOTION for Stephen Oertle to Appear Pro Hac Vice. Reason: The documents are not on letter-size paper as required by LR10.1. (crt,Miletello, A) |
| Set Deadlines as to #7 MOTION for Jacob Taylor to Appear Pro Hac Vice, #8 MOTION for Stephen Oertle to Appear Pro Hac Vice. Motion Ripe Deadline set for 8/3/2022. (crt,Miletello, A) |
| Filing 8 MOTION for Stephen Oertle to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5199478) by Michelin North America Inc. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 8/2/2022. (Attachments: #1 Certificate of good standing, #2 Certificate of good standing, #3 Proposed order)(aty,Stedman, Richard) Modified on 8/3/2022 to reflect as deficient (Miletello, A). Modified on 8/3/2022 to remove deficiency, see #10 Corrective document (Miletello, A). |
| Filing 7 MOTION for Jacob Taylor to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5199430) by Michelin North America Inc. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 8/2/2022. (Attachments: #1 Certificate of good standing, #2 Certificate of good standing, #3 Proposed order)(aty,Stedman, Richard) Modified on 8/3/2022 to reflect as deficient (Miletello, A). Modified on 8/3/2022 to remove deficiency, see #11 Corrective document (Miletello, A). |
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Filing 6
ORDER granting #5 Motion for Extension of Time to Answer re #5 Unopposed MOTION for Extension of Time to File Answer, #1 Notice of Removal,. Trevor Farkas answer due 8/25/2022. Signed by Magistrate Judge Carol B Whitehurst on 7/12/2022. (crt,Chicola, C)
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| Filing 5 Unopposed MOTION for Extension of Time to File Answer by Trevor Farkas. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 7/11/2022. (Attachments: #1 Proposed order)(aty,Williams, Desiree) Modified docket text on 7/12/2022 (Miletello, A). |
| Filing 4 RESPONSE TO REMOVAL ORDER by Trevor Farkas . (Attachments: #1 Exhibit Ex. A State Court Record)(aty,Williams, Desiree) |
| STATE COURT ANSWER to Complaint with Jury Demand by Allstate Property & Casualty Insurance Co (15th JDC, Acadia Parish, #202110739, filed 12/2/2021), Michelin North America Inc (15th JDC, Acadia Parish, #202110739, filed 12/17/2021), State Farm Mutual Automobile Insurance Co (15th JDC, Acadia Parish, #202110739, filed 11/23/2021). ADMINISTRATIVE ENTRY: The PDF images can be found in Attachment #1 to Document #4, Response to Removal Order.(crt,Miletello, A) |
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Filing 3
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Carol B Whitehurst on 6/15/2022. (crt,Taylor, L)
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| Filing 2 PROPOSED REMOVAL ORDER. Referred to Magistrate Judge Carol B Whitehurst. Motion Ripe Deadline set for 6/13/2022. (crt,Miletello, A) |
| CASE Assigned to Judge David C Joseph and Magistrate Judge Carol B Whitehurst. (crt,Miletello, A) |
| Filing 1 NOTICE of Removal from 15th JDC Acadia Parish, Case Number 2021-10739-J (Filed on behalf of USA - Filing Fee not required) filed by Trevor Farkas. (Attachments: #1 Civil cover sheet, #2 Exhibit A State Court Petition for Damages, #3 Exhibit B Certification of Course and Scope of Employment)(Attorney Desiree C Williams added to party Trevor Farkas(pty:dft))(aty,Williams, Desiree) Modified docket text on 6/13/2022 (Miletello, A). |
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