Boutarath et al v. Berkley Regional Insurance Co et al
Plaintiff: Saythong Boutarath and Somkhith Boutarath
Defendant: Berkley Regional Insurance Co, R W Delaney Construction Co and Richard Dawson
Case Number: 6:2022cv02272
Filed: July 27, 2022
Court: US District Court for the Western District of Louisiana
Presiding Judge: David J Ayo
Referring Judge: David C Joseph
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.)
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 14, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2022 Filing 16 RULE 26(f) Report by Saythony Boutarath, Somkhith Boutarath, Berkley Regional Insurance Co, Richard Dawson, and R W Delaney Construction Co. (aty,Lamarche, Holly) Modified to add filers on 9/15/2022 (Whitener, M).
September 2, 2022 Opinion or Order Filing 15 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)
August 17, 2022 Opinion or Order Filing 14 AMENDED ORDER Bench Trial set for 10/16/2023 10:00 AM in Lafayette, Courtroom 2 before Judge David C Joseph. Pretrial Conference set for 9/28/2023 11:00 AM in chambers before Judge David C Joseph.. Signed by Magistrate Judge Patrick J Hanna on 8/17/2022. (crt,Whitener, M)
August 17, 2022 Opinion or Order Filing 13 SCHEDULING ORDER: Bench Trial set for 10/16/2023 at 9:00 AM in Lafayette, Courtroom 2 before Judge David C Joseph. Pretrial Conference set for 9/28/2023 at 11:00 AM in chambers before Judge David C Joseph. Initial Disclosures exchanged by 9/7/2022. Rule 26 Conference between parties to take place before 9/12/2022. Rule 26 Report due by 10/5/2022. Joinder of Parties and Amendment of Pleadings due by 3/2/2023. Plaintiffs Expert Info/Reports due by 3/2/2023. Defendants Expert Info/Reports due by 4/3/2023. Discovery deadline 5/1/2023. Dispositive Motions due by 5/31/2023. Daubert Motions due by 5/31/2023. Motions in Limine due by 8/29/2023. Pretrial Order due by 9/21/2023. Affirmation of Settlement Negotiations due 9/21/2023. Trial Depositions due by 9/21/2023. Bench Books due by 9/21/2023. Real Time glossary due by 9/21/2023. Signed by Judge David C Joseph on 8/17/2022. (crt,LaCombe, L)
August 11, 2022 Opinion or Order Filing 12 ORDER that the jury trial of this matter is set for Monday, October 16, 2023 before U.S. District Judge David C. Joseph in Courtroom 2 at the U.S. District Court in Lafayette, Louisiana. It is further ORDERED that a pretrial conference is set before Judge Joseph on Thursday, September 28, 2023 at 11:00 a.m.. Signed by Magistrate Judge Patrick J Hanna on 8/11/2022. (crt,Whitener, M)
August 11, 2022 SET SCHEDULING ORDER DEADLINE Jury Trial set for 10/16/2023 10:00 AM in Lafayette, Courtroom 2 before Judge David C Joseph. Pretrial Conference set for 9/28/2023 11:00 AM in chambers before Judge David C Joseph. (crt,Whitener, M)
August 11, 2022 Filing 11 MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: TELEPHONE SCHEDULING CONFERENCE held on 8/11/2022. After discussion, pretrial conference and trial dates were selected. A separate order will issue setting these dates in the record of the case. (crt,Taylor, L)
August 4, 2022 Filing 10 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 Patrick J Hanna on 8/4/2022. (crt,Schutz, E)
August 4, 2022 Opinion or Order Filing 9 ELECTRONIC ORDER:- IT IS HEREBY ORDERED that a Scheduling Conference set for Thursday, 8/11/2022 11:30 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 8/4/2022. (crt,Schutz, E)
August 2, 2022 Filing 8 RESPONSE TO REMOVAL ORDER by Berkley Regional Insurance Co, Richard Dawson, R W Delaney Construction Co . (aty,Smith, Phillip)
August 2, 2022 Filing 7 CORPORATE DISCLOSURE STATEMENT by R W Delaney Construction Co. (aty,Smith, Phillip)
August 2, 2022 Filing 6 CORPORATE DISCLOSURE STATEMENT by Berkley Regional Insurance Co identifying Corporate Parent W R Berkley Corp for Berkley Regional Insurance Co. (aty,Smith, Phillip)
August 2, 2022 Filing 5 ANSWER to Complaint by Berkley Regional Insurance Co, Richard Dawson, R W Delaney Construction Co.(aty,Smith, Phillip)
July 29, 2022 Opinion or Order 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 7/29/2022. (crt,Craig-Fontenot, C)
July 28, 2022 Filing 3 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Patrick J Hanna. Motion Ripe Deadline set for 7/28/2022. (crt,Whitener, M)
July 28, 2022 Filing 2 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal, sent to Phillip Michael Smith on behalf of Berkley Regional Insurance Co, R W Delaney Construction Co. Corporate Disclosure Statement due by 8/11/2022. (crt,Whitener, M)
July 27, 2022 STATE COURT Service Returned Executed. R W Delaney Construction Co answer due 8/3/2022. ADMINISTRATIVE ENTRY: The PDF image can be found in Attachment #3 to Document #1, Notice of Removal. (crt,Whitener, M)
July 27, 2022 STATE COURT Service Returned Executed. Berkley Regional Insurance Co answer due 8/3/2022. ADMINISTRATIVE ENTRY: The PDF image can be found in Attachment #4 to Document #1, Notice of Removal. (crt,Whitener, M)
July 27, 2022 CASE Assigned to Judge David C Joseph and Magistrate Judge Patrick J Hanna. (crt,Whitener, M)
July 27, 2022 Filing 1 NOTICE of Removal from 15th JDC Lafayette Parish, Case Number C-20223342-J (Filing fee $402, receipt number ALAWDC-5190810) filed by R W Delaney Construction Co, Berkley Regional Insurance Co, Richard Dawson. (Attachments: #1 State Court Petition, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Civil cover sheet)(Attorney Phillip Michael Smith added to party Berkley Regional Insurance Co(pty:dft), Attorney Phillip Michael Smith added to party Richard Dawson(pty:dft), Attorney Phillip Michael Smith added to party R W Delaney Construction Co(pty:dft))(aty,Smith, Phillip) Modified document description on 7/28/2022 (Whitener, M).

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Plaintiff: Saythong Boutarath
Represented By: Holly Jacqueline Lamarche
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Plaintiff: Somkhith Boutarath
Represented By: Holly Jacqueline Lamarche
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Defendant: Berkley Regional Insurance Co
Represented By: Phillip Michael Smith
Represented By: Kevin P Merchant
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Defendant: R W Delaney Construction Co
Represented By: Phillip Michael Smith
Represented By: Kevin P Merchant
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Defendant: Richard Dawson
Represented By: Phillip Michael Smith
Represented By: Kevin P Merchant
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