H C & D L L C v. Cashman Equipment Corp et al
| H C & D L L C |
| Cashman Equipment Corp and Precision N D T & Consulting L L C |
| 6:2023cv01386 |
| October 3, 2023 |
| US District Court for the Western District of Louisiana |
| David J Ayo |
| Robert R Summerhays |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 8, 2023. A more recent docket listing may be available from PACER.
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Filing 61
ORDER granting #60 Motion to Appear Pro Hac Vice for appearance of Samuel P Blatchley for H C & D L L C. Signed by Magistrate Judge David J Ayo on 11/8/2023. (crt,Chavis, J)
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| Filing 60 MOTION for Samuel P. Blatchley to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5750202) by H C & D L L C. Motions referred to David J Ayo. Motion Ripe Deadline set for 11/6/2023. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing)(aty,Robbins, Kristin) Modified docket text on 11/6/2023 (Chavis, J). |
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Filing 59
ORDER granting #58 Motion to Appear Pro Hac Vice for appearance of Robert T Dube, Jr for H C & D L L C. Signed by Magistrate Judge David J Ayo on 11/1/2023. (crt,Chavis, J)
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| Filing 58 MOTION for Robert T. Dube to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5745222) by H C & D L L C. Motions referred to David J Ayo. Motion Ripe Deadline set for 11/1/2023. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing)(aty,Robbins, Kristin) |
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Filing 57
ORDER granting #54 Motion to Enroll as Counsel. Added as counsel Walter Patrick Maestri,Kelly Theard for Precision N D T & Consulting L L C. Signed by Magistrate Judge David J Ayo on 10/19/2023. (crt,Chavis, J)
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| Filing 56 CORPORATE DISCLOSURE STATEMENT by H C & D L L C. (aty,Robbins, Kristin) |
| Filing 55 DIVERSITY JURISDICTION DISCLOSURE STATEMENT by H C & D L L C. (aty,Robbins, Kristin) |
| Filing 54 MOTION for Walter P. Maestri and Kelly E. Theard to Enroll as Counsel by Precision N D T & Consulting L L C. Motions referred to David J Ayo. Motion Ripe Deadline set for 10/18/2023. (Attachments: #1 Proposed order)(Attorney Walter Patrick Maestri added to party Precision N D T & Consulting L L C(pty:dft))(aty,Maestri, Walter) |
| Filing 53 NOTICE of No Corporate Disclosure by Cashman Equipment Corp re #48 Notice of Corporate Disclosure Statement Requirement (aty,Brownell, Scott) |
| Filing 52 NOTICE of Appearance by Kristin Kay Robbins on behalf of H C & D L L C (Attorney Kristin Kay Robbins added to party H C & D L L C(pty:pla)) (aty,Robbins, Kristin) |
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Filing 51
TRANSFER ORDER regarding admission status of counsel. Signed by Magistrate Judge David J Ayo on 10/5/2023. (crt,Chicola, C)
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| Filing 50 PROPOSED TRANSFER ORDER Referred to Magistrate Judge David J Ayo. Motion Ripe Deadline set for 10/4/2023. (crt,Chavis, J) |
| Filing 49 NOTICE of Diversity Jurisdiction Disclosure Statement Requirement sent to Scott D Brownell, Samuel P. Blatchley on behalf of Cashman Equipment Corp, H C & D L L C. Diversity Jurisdiction Disclosure Statement due by 10/18/2023. (crt,Chavis, J) |
| Filing 48 NOTICE of Corporate Disclosure Statement Requirement sent to Scott D Brownell, Samuel P. Blatchley on behalf of Cashman Equipment Corp, H C & D L L C. Corporate Disclosure Statement due by 10/18/2023. (crt,Chavis, J) |
| CASE Assigned to Judge Robert R Summerhays and Magistrate Judge David J Ayo. (crt,Chavis, J) |
| Filing 47 DISTRICT CASE transferred in from District of Massachusetts; Case Number 1:22-cv-10224. Original file copy of transfer order and docket sheet received |
| Filing 46 Judge Douglas P. Woodlock: ORDER TO SEVER AND TRANSFER...IT IS HEREBY ORDERED THAT:The Plaintiff's motion to transfer [ECF No. #25 is GRANTED to the extent that the above-entitled action as to the defendants be SEVERED and there be TRANSFERRED to the United States District Court for the Western District of Louisiana all HC&D's claims [Counts V, VI, VII and VIII] against Precision NDT & Consulting, LLC; andIT IS FURTHER ORDERED THAT:This case shall continue in this Court only with respect to HC&D's claims [Counts I, II, III and IV] against Cashman Equipment Corp.(Beatty, Barbara) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 45 Judge Douglas P. Woodlock: MEMORANDUM AND ORDER...For the foregoing reasons, I conclude that all HC&D's claims against Precision must be severed and transferred to the Western District of Louisiana. Accordingly, I GRANT in part and DENY in part HC&D's motion [Dkt. No. #25 and transfer a portion of this matter the claims against Precision to the Western District of Louisiana, pursuant to 28 U.S.C. 1631. Having determined to transfer HC&D's claims against Precision, I decline to address the merits of Precision's motion to dismiss. Resolution of the merits of that motion is reserved for the transferee district judge in the Western District of Louisiana. I DENY, without prejudice, Cashman's motion to dismiss for failure to state a claim [Dkt. No. #9 , which concerns the portion of this case that will remain in this District. The parties shall meet and confer with a view toward preparing and submitting on or before October 13, 2023, a proposed Scheduling Plan for steps to resolve this portion of the case... (Beatty, Barbara) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 44 Judge Douglas P. Woodlock: ELECTRONIC ORDER - Motion (Dkt No. 25) GRANTED to transfer as to all parties and all claims to the United States District Court for the Western District of Louisiana for resolution. Motion [Dkt No. 27] to stay accordingly treated as MOOT. I decline to address the substance of the defendants motions (Dkt Nos. 9 and 20) to dismiss; the substance of those contentions should be addressed, as necessary, by the United States District Court for the Western District of Louisiana, which is - unlike this Court - authorized to exercise jurisdiction over all parties brought into this case by Plaintiffs operative complaint. A Memorandum setting forth in full detail, with directions for the transfer procedure, will issue within two weeks at which point the transfer shall be executed by the Clerk. (Beatty, Barbara) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 43 Supplemental MEMORANDUM in Support re #25 MOTION to Transfer Case to Western District of Louisiana. as Ordered at Docket No. 38 filed by HC&D, LLC. (Blatchley, Samuel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 42 Supplemental MEMORANDUM in Opposition re #25 MOTION to Transfer Case to Western District of Louisiana. filed by Cashman Equipment Corp.. (Brownell, Scott) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 41 AFFIDAVIT of Precision NDT by Precision NDT & Consulting, LLC. (Orlando, Stephen) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 40 Judge Douglas P. Woodlock: PROCEDURAL ORDER - At the motions hearing in this matter on December 15th, having found the initial Sworn Affidavit of Stephen Swisher [20-1] inadequate for its failure to provide relevant information about the owners of Defendant Precision NDT & Consulting, LLC as a result of its reference to corporate officers and directors rather than members, I directed that Precision file a declaration on or before December 21, 2022 identifying the ownership of that limited liability corporation in accordance with newly amended FED. R. CIV. P. 7.1. Precision filed another sworn affidavit of Mr. Swisher #39 yesterday suffering from precisely the same infirmities as were identified at the motions hearing. There is still time for Precision to get its task right and perform it. I reiterate that a responsive declaration must be filed on or before December 21, 2022. To assist Precision in focusing on this task, I direct attention to fifteen year old Fifth Circuit precedent addressing the Louisiana Limited Liability Company statute, which could not have been more clear. "All federal appellate courts that have addressed the issue have reached the same conclusion: like limited partnerships and other unincorporated associations or entities, the citizenship of a LLC is determined by the citizenship of all its members. We now join the other circuits in this holding." Harvey v. Grey Wolf Drilling Co., 542, F.3d 1077, 1080 (5th Cir. 2008) (citations omitted). The relevant Definitions section of the statute, LA. STAT. ANN 12:1301(A)(13) (2014) that, "unless the context otherwise requires... 'Member' means a person with a membership interest in a limited liability company with the rights and obligations specified under this Chapter." Nothing in the context of this case has been suggested that would require anything other than this plain meaning definition of the relevant term "Member." Precision should apply it when filing the declaration I have ordered.(Beatty, Barbara) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 39 AFFIDAVIT of Precision NDT by Precision NDT & Consulting, LLC. (Orlando, Stephen) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 38 Clerk Notes for Hearing on Pending Motions held before Judge Douglas P. Woodlock - Counsel addresses concerns outlined by the Court with respect to the pending motions #9 #20 #25 #27 . The Court invites the parties on or before December 21, 2022, to file additional briefing addressing the alternative applicability of 28 USC 1404, 28 USC 1406 and 28 USC 1631 as base for transfer; the attention of the parties is directed to Salve Regina College v. Russell, 499 U.S. 225, 238-239 (1991); Ferris v. Darrell, 2020 WL 4431763 (D Mass. 18cv10204, July 31, 2020); Island View Residential Treatment Center v. Bluecross Blueshield of Massachusetts, 2007 WL 4589335; and, TargetSmart Holdings v. GHP Advisors, LLC, 366 F.Supp 3d 195 (D.Mass. 2019). In addition, defendant Precision shall file a declaration on or before December 21, 2022, identifying the citizenship of the members of that limited liability company pursuant to Rule 7.1. The outstanding motions are taken under advisement. (Court Reporter: James Gibbons at jamesgibbonsrpr@gmail.com.)(Attorneys present: Blatchley, Dube, Brownell, Orlando) (Beatty, Barbara) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 37 NOTICE of Appearance by Robert T Dube, Jr on behalf of HC&D, LLC (Dube, Robert) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 36 NOTICE RESCHEDULING MOTION HEARING - At the request of counsel, the Motion Hearing on all pending motions #9 #20 #25 #27 is RESCHEDULED until 12/15/2022 at 2:00 p.m. in Courtroom 1 (In person only) before Judge Douglas P. Woodlock. If counsel would prefer to conduct the hearing via Zoom, please notify the Court at least three (3) days prior to the hearing.(Beatty, Barbara) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 35 NOTICE OF HEARING ON ALL PENDING MOTIONS #9 #20 #25 #27 : Motion Hearing is SCHEDULED for 12/12/2022 at 2:15 p.m. in Courtroom 1 (In person only) before Judge Douglas P. Woodlock. (Beatty, Barbara) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 34 DECLARATION re #33 Reply to Response to Motion by HC&D, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Blatchley, Samuel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 33 REPLY to Response to #25 MOTION to Transfer Case to Western District of Louisiana. filed by HC&D, LLC. (Blatchley, Samuel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 32 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #31 MOTION for Leave to File Reply to Oppositions to HC&D, LLC's Motion to Transfer ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (McManus, Caetlin) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 31 MOTION for Leave to File Reply to Oppositions to HC&D, LLC's Motion to Transfer by HC&D, LLC.(Blatchley, Samuel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 30 Opposition re #25 MOTION to Transfer Case to Western District of Louisiana. filed by Cashman Equipment Corp.. (Brownell, Scott) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 29 Opposition re #25 MOTION to Transfer Case to Western District of Louisiana. filed by Precision NDT & Consulting, LLC. (Orlando, Stephen) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 28 MEMORANDUM in Support re #27 MOTION to Stay re #20 MOTION to Dismiss for Lack of Jurisdiction PRECISION NDT & CONSULTING, LLCS RULE 12(B)(2) MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT AND SUPPORTING MEMORANDUM OF LAW, #9 MOTION TO DISMISS FOR FAILURE TO STATE A filed by HC&D, LLC. (Blatchley, Samuel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 27 MOTION to Stay re #20 MOTION to Dismiss for Lack of Jurisdiction PRECISION NDT & CONSULTING, LLCS RULE 12(B)(2) MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT AND SUPPORTING MEMORANDUM OF LAW, #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by HC&D, LLC.(Blatchley, Samuel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 26 MEMORANDUM in Support re #25 MOTION to Transfer Case to Western District of Louisiana. filed by HC&D, LLC. (Blatchley, Samuel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 25 MOTION to Transfer Case to Western District of Louisiana. by HC&D, LLC.(Blatchley, Samuel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 24 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #23 Assented to MOTION for Extension of Time to September 22, 2022 to File Response/Reply as to #20 MOTION to Dismiss for Lack of Jurisdiction. Responses due by 9/22/2022. (McManus, Caetlin) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 23 Assented to MOTION for Extension of Time to September 22, 2022 to File Response/Reply as to #20 MOTION to Dismiss for Lack of Jurisdiction PRECISION NDT & CONSULTING, LLCS RULE 12(B)(2) MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT AND SUPPORTING MEMORANDUM OF LAW by HC&D, LLC.(Blatchley, Samuel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 22 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #21 Assented to MOTION for Extension of Time to September 8, 2022 to File Response/Reply as to #20 MOTION to Dismiss for Lack of Jurisdiction. Responses due by 9/8/2022. (McManus, Caetlin) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 21 Assented to MOTION for Extension of Time to September 8, 2022 to File Response/Reply as to #20 MOTION to Dismiss for Lack of Jurisdiction PRECISION NDT & CONSULTING, LLCS RULE 12(B)(2) MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT AND SUPPORTING MEMORANDUM OF LAW by HC&D, LLC.(Blatchley, Samuel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction PRECISION NDT & CONSULTING, LLCS RULE 12(B)(2) MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT AND SUPPORTING MEMORANDUM OF LAW by Precision NDT & Consulting, LLC. (Attachments: #1 Exhibit A - Affidavit of Stephen Swisher)(Orlando, Stephen) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 19 REPLY to Response to #17 MOTION to Correct #16 MOTION for Leave to File Reply Brief In Support of Motion To Dismiss filed by Cashman Equipment Corp.. (Attachments: #1 Affidavit)(Brownell, Scott) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 18 Judge Douglas P. Woodlock: ELECTRONIC ORDER granting #16 Defendant's Motion for Leave to File Reply Brief in Support of its Motion to Dismiss and granting #17 Defendant's Motion to Substitute Documents in Support of its Motion for Leave to File Reply Brief in Support of its Motion to Dismiss; Counsel using the Electronic Case Filing System should now file the CORRECT reply brief for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Beatty, Barbara) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 17 MOTION to Correct #16 MOTION for Leave to File Reply Brief In Support of Motion To Dismiss by Cashman Equipment Corp.. (Attachments: #1 Revised Reply Brief, #2 Revised Certificate, #3 LR 7.1(a)(2) Certificate)(Brownell, Scott) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 16 MOTION for Leave to File Reply Brief In Support of Motion To Dismiss by Cashman Equipment Corp.. (Attachments: #1 Exhibit Proposed Reply Memo, #2 Affidavit LR 7.1 Certification)(Rider, Stephen) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 15 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #12 Motion for Leave to Appear Pro Hac Vice Added Scott D. Brownell. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (McManus, Caetlin) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 14 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #11 Motion for Leave to Appear Pro Hac Vice Added Robert T. Dube. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (McManus, Caetlin) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 13 Opposition re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by HC&D, LLC. (Blatchley, Samuel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice for admission of Scott Brownell Filing fee: $ 100, receipt number AMADC-9328550 by Cashman Equipment Corp..(Rider, Stephen) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice for admission of Robert T. Dube Filing fee: $ 100, receipt number AMADC-9328303 by HC&D, LLC.(Blatchley, Samuel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 10 MEMORANDUM in Support re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cashman Equipment Corp.. (Rider, Stephen) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Cashman Equipment Corp..(Rider, Stephen) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 8 MOTION Admission pro hac vice of Scott D. Brownell, Esq. by Cashman Equipment Corp..(Rider, Stephen) Motion terminated on 5/31/2022, no filing fee paid, resubmitted , see #12 (McManus, Caetlin). [Transferred from Massachusetts on 10/3/2023.] |
| Filing 7 NOTICE of Appearance by Stephen W. Rider on behalf of Cashman Equipment Corp. (Rider, Stephen) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 6 SUMMONS Returned Executed Precision NDT & Consulting, LLC served on 4/27/2022, answer due 5/18/2022. (Blatchley, Samuel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 5 SUMMONS Returned Executed Cashman Equipment Corp. served on 4/22/2022, answer due 5/13/2022. (Blatchley, Samuel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 4 AMENDED COMPLAINT against Precision NDT & Consulting, LLC, Cashman Equipment Corp., filed by HC&D, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Blatchley, Samuel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 3 Summons Issued as to Cashman Equipment Corp., Precision NDT & Consulting, LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Dore, Samantha) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 1 COMPLAINT against Precision NDT & Consulting, LLC, Cashman Equipment Corp. Filing fee: $ 402, receipt number AMADC-9179691 (Fee Status: Filing Fee paid), filed by HC&D, LLC. (Attachments: #1 Category Form, #2 Civil Cover Sheet)(Blatchley, Samuel) [Transferred from Massachusetts on 10/3/2023.] (Attachment 2 replaced on 10/3/2023) (Chavis, J). |
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