Dow Disaster Restoration, LLC et al v. Scott M. Favre Public Adjuster, LLC
| Dow Disaster Restoration, LLC, Scott Dowdy, At Risk Solutions, LLC and Kent Bordelon |
| Scott M. Favre Public Adjuster, LLC |
| 1:2020cv00155 |
| April 29, 2020 |
| US District Court for the Southern District of Mississippi |
| Louis Guirola |
| Taylor B McNeel |
| Robert P Myers |
| Robert H Walker |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on March 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Minute Entry for proceedings held before Magistrate Judge Robert P. Myers, Jr: TELEPHONIC Status Conference held on 3/6/2023 with attorneys Nathan L. Schrantz, David L. Browne - PHV, Cynthia Marie Cimino - PHV, David Randall Wade and Robert Alan Byrd regarding compliance with settlement agreement. (SR) |
| NOTICE of Hearing: Telephone Conference set for 3/6/2023 09:15 AM before Magistrate Judge Robert P. Myers Jr. Plaintiff will place the telephone call to Judge Myers' chambers with all necessary counsel on the line. (SR) |
Filing 119
AGREED ORDER DISMISSING CASE: Ordered that this case is dismissed with prejudice. Signed by District Judge Taylor B. McNeel on 12/27/21. (JCH)
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| Filing 118 (DISREGARD)Consent MOTION for Judgment Based on ADR Settlement by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Browne - PHV, David) Modified on 12/21/2021 (wld). |
| DOCKET ANNOTATION as to #118. Incorrect document attached. Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). Document #118 should be disregarded.(wld) |
| Filing 117 NOTICE of Change of Address by Cynthia Marie Cimino - PHV (Cimino - PHV, Cynthia) |
| Minute Entry for proceedings held before Magistrate Judge Robert P. Myers, Jr: TELEPHONIC Status Conference held on 11/22/2021 with attorneys Nathan L. Schrantz, David L. Browne - PHV, Cynthia Marie Cimino - PHV and David Randall Wade regarding language contained in the settlement agreement. (SR) |
| Minute Entry for proceedings held before Magistrate Judge Robert P. Myers, Jr: Settlement Conference held on 10/25/2021. The case settled at the conference. The terms of the settlement were placed on the record. The parties shall have 60 days to consummate the settlement. Absent the parties requesting additional time to effectuate settlement, the Court will enter a final judgment of dismissal with prejudice. APPEARANCES: Scott Dowdy (Owner - Dow Disaster Restoration, LLC); Kent Bordelon (Owner - At Risk Solutions, LLC); Nathan L. Schrantz, David L. Browne - PHV and Cynthia Marie Cimino - PHV (counsel for Plaintiffs); Scott M Favre (Defendant); Jeff Houston (Attorney), and David Randall Wade (counsel for Defendant). (SR) |
| Minute Entry for proceedings: Telephone Conference held on 9/15/2021 to reschedule the settlement conference with attorneys Nathan L. Schrantz, David L. Browne - PHV and David Randall Wade. (SR) |
| Reset Hearings: Settlement Conference RESET DUE TO CONFLICT WITH COUNSEL FOR DEFENDANT'S SCHEDULE for 10/25/2021 09:00 AM in Courtroom 683 (Gulfport) before Magistrate Judge Robert P. Myers Jr. Although the COVID-19 pandemic has disrupted the normal functioning of Court business, it is the Court's intention to conduct an in-person settlement conference. LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). FAILURE TO APPEAR MAY RESULT IN SANCTIONS. (SR) |
| Filing 116 ATTACHMENT re #112 Response in Opposition to #109 Motion,,,, by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Attachments: #1 Exhibit Ex 1 - Farve Email to PRASA w Dowdy CV, #2 Exhibit Ex 2 - SMFPA Spreadsheet of Project Payments Received, #3 Exhibit Ex 3 - PRASA Notice of Second Disbursement, #4 Exhibit Ex 4 - Signed as Member PA (FEMA) Cabo Rojo Contract, #5 Exhibit Ex 5 - Signed Hwys and Transportation as President, #6 Exhibit Ex 6 - Farve Soliciation Ltr w attachments, #7 Exhibit Ex 12 - SMFPA 632-651 Barcelonetta FEMA-GM contract, #8 Exhibit Ex 13 - SMFPA 675-691 Catano FEMA-GM contract, #9 Exhibit Ex 14 - PRASA 6-1 to 1-30-19 Dr. Perkins invoice 3-14-19)(Cimino - PHV, Cynthia) Modified on 8/19/2021 (wld). |
| Docket Annotation as to Doc. #115. Incomplete linkage made. This reply should have also been linked to motion #109. All related filings to motions (using the"Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. Court staff has made the correction. (wld) |
| Filing 115 REPLY to Response to #109 Motion re #113 Memorandum in Opposition to Motion, #112 Response in Opposition to Motion,,,, for Summary Judgment #109 filed by Scott M. Favre Public Adjuster, LLC (Attachments: #1 Exhibit Ex. L Dowdy's Email, #2 Exhibit Ex. M Written Report of Karl Bach, #3 Exhibit Ex. N CV of Karl Bach)(Wade, David) Modified on 8/17/2021 (wld). |
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Filing 114
ORDER denying #111 Motion to Restrict from Public. Signed by Magistrate Judge Robert P. Myers, Jr on August 16, 2021 (King, Steve)
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| DOCKET ANNOTATION as to #111. Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). Also, Memoranda in support should be filed separately and shown as a related document to the motion (Court's Administrative Procedures for Electronic Case Filing Sec. 3.A.7). Counsel advised the clerk that the memorandum requirement was waived due to the nature of this motion. (wld). |
| Filing 113 MEMORANDUM in Opposition re #109 MOTION for Summary Judgment filed by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Browne - PHV, David) |
| Filing 112 RESPONSE in Opposition re #109 MOTION for Summary Judgment filed by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Attachments: #1 Exhibit 1 - 12/29/17 Email from SMFPA to PRASA, #2 Exhibit 2 - SMFPA's 6/1/21 spreadsheet of project invoices and payments, #3 Exhibit 3 - Disbursement statement between SMFPA and PRASA, #4 Exhibit 4 - SMFPA contract with Cabo Rojo, #5 Exhibit 5 - SMFPA contract with PR Hwy and Trasnport, #6 Exhibit 6 - SMFPA client solicitation letter to PR Convention Center Dist. Authority, #7 Exhibit 7 - Early drafts of the agreement, #8 Exhibit 8 - SMFPA's acknowledgement of receipt of Plaintiffs' invoices, #9 Exhibit 9 - Depo of Scott Niolet, #10 Exhibit 10 - Dowdy verified responses to interrotatories, #11 Exhibit 11 - Bordelon verified responses to interrogatories, #12 Exhibit 12 - SMFPA's FEMA/GM Agreement with Barceloneta, #13 Exhibit 13 - SMFPA's FEMA/GM Agreement with Catano, #14 Exhibit 14 - SMFPA's FEMA bill to PRASA with Dr. Perkins' time for July 2018)(Browne - PHV, David) |
| Filing 111 MOTION to RESTRICT from public Certain Exhibits to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Attachments: #1 Attachment Proposed Order)(Cimino - PHV, Cynthia) |
| DOCKET ANNOTATION as to #109. Counsel is reminded to include the exhibit letter or number in the description of each exhibit in future filings. Counsel does not need to refile. (wld) |
| Filing 110 MEMORANDUM in Support re #109 MOTION for Summary Judgment filed by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 109 MOTION for Summary Judgment by Scott M. Favre Public Adjuster, LLC (Attachments: #1 Exhibit Plaintiffs Complaint, #2 Exhibit Dowdy-Bordelon Proposal, #3 Exhibit Prior Proposals, #4 Exhibit Dow Invoice # SFPR-1005 with attachments, #5 Exhibit Dowdy Depo transcript, #6 Exhibit Favre Depo transcript, #7 Exhibit Dow Responses to Requests for Admissions, #8 Exhibit Plaintiffs demand letter, #9 Exhibit Defendants pre-suit dispute letter, #10 Exhibit Dow Invoice Summary, #11 Exhibit Bordelon Depo transcript)(Wade, David) |
| DOCKET ANNOTATION as to #107. Counsel is advised to use the correct Judge's initials on future filings. 1:20cv155TBM-RPM. (wld) |
| DOCKET ANNOTATION as to #108. Incorrect document attached. Counsel should refile with a Notice of Service of Disclosure attached or refile using the event code "Pre-Discovery Disclosure". Document #108 will be disregarded. (wld) |
| Filing 108 (DISREGARD)NOTICE of Service of First Supplemental Disclosure by Scott M. Favre Public Adjuster, LLC (Wade, David) Modified on 6/30/2021 (wld). |
| Filing 107 Supplemental NOTICE of Service of Supplemental Rule 26 Disclosure by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Browne - PHV, David) |
| Filing 106 NOTICE of Service of First Supplemental Response to Interrogatories by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 105 NOTICE of Service of Second Set Request for Production by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Cimino - PHV, Cynthia) |
| Filing 104 NOTICE of Service of Third Set Response to Request for Production by Scott Dowdy (Cimino - PHV, Cynthia) |
| Filing 103 NOTICE of Service of Third Set Response to Request for Production by Dow Disaster Restoration, LLC (Cimino - PHV, Cynthia) |
| Filing 102 NOTICE of Service of Third Set Response to Request for Production by Kent Bordelon (Cimino - PHV, Cynthia) |
| Filing 101 NOTICE of Service of Third Set Response to Request for Production by At Risk Solutions, LLC (Cimino - PHV, Cynthia) |
| Filing 100 NOTICE of Service of Third Set Response to Interrogatories by Scott Dowdy (Cimino - PHV, Cynthia) |
| Filing 99 NOTICE of Service of Third Set Response to Interrogatories by Dow Disaster Restoration, LLC (Cimino - PHV, Cynthia) |
| Filing 98 NOTICE of Service of Third Set Response to Interrogatories by Kent Bordelon (Cimino - PHV, Cynthia) |
| Filing 97 NOTICE of Service of Third Set Response to Interrogatories by At Risk Solutions, LLC (Cimino - PHV, Cynthia) |
| Filing 96 NOTICE of Service of Second Set Interrogatories by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Cimino - PHV, Cynthia) |
| DOCKET ANNOTATION as to # 106. Attorney is advised that the correct judge initials for this case are TBM-RPM, which should be used on all future filings. (JCH) |
| Filing 95 NOTICE of Service of Response to Request for Production by Scott Dowdy (JCH) |
| Filing 94 NOTICE of Service of Response to Request for Production by Dow Disaster Restoration, LLC. (JCH) |
| Filing 93 NOTICE to Take Deposition of Kent Bordelon by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 92 NOTICE to Take Deposition of Scott Dowdy by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| DOCKET ANNOTATION as to #84. Incorrect event code selected. Counsel should have selected "Notice of Service of Response to Interrogatories". Counsel does not need to refile. (wld) |
| Filing 91 NOTICE of Service of Second Set Response to Request for Production by Scott Dowdy (Cimino - PHV, Cynthia) |
| Filing 90 NOTICE of Service of Second Set Response to Interrogatories by Scott Dowdy (Cimino - PHV, Cynthia) |
| Filing 89 NOTICE of Service of Second Set Response to Request for Production by Dow Disaster Restoration, LLC (Cimino - PHV, Cynthia) |
| Filing 88 NOTICE of Service of Second Set Response to Interrogatories by Dow Disaster Restoration, LLC (Cimino - PHV, Cynthia) |
| Filing 87 NOTICE of Service of Second Set Response to Request for Production by Kent Bordelon (Cimino - PHV, Cynthia) |
| Filing 86 NOTICE of Service of Second Set Response to Interrogatories by Kent Bordelon (Cimino - PHV, Cynthia) |
| Filing 85 NOTICE of Service of Response to Request for Production by At Risk Solutions, LLC (Cimino - PHV, Cynthia) |
| Filing 84 NOTICE of Service of Responses to Second Set of Interrogatories by At Risk Solutions, LLC (Cimino - PHV, Cynthia) |
| NOTICE of Calendar Setting: Reminder of the settlement conference previously set for 9/21/2021 01:30 PM in Courtroom 683 (Gulfport) before Magistrate Judge Robert P. Myers Jr. Counsel are instructed to submit to Judge Myers, seven (7) days prior to the conference, a memorandum (3-page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Myers via e-mail (myers_chambers@mssd.uscourts.gov). Although the COVID-19 pandemic has disrupted the normal functioning of Court business, it is the Court's intention to conduct an in-person settlement conference. LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). FAILURE TO APPEAR MAY RESULT IN SANCTIONS. (SR) |
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TEXT ONLY ORDER granting #83 Unopposed Motion to Relax Local Rule 83.1 requirement that local counsel attend all depositions. The motion is granted for any depositions conducted on or before the discovery deadline of 6/29/2021. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on June 11, 2021 (King, Steve)
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| DOCKET ANNOTATION as to #81. Attorney is advised to type in the deponent's name when docketing a notice of deposition in future filings. (wld) |
| Filing 83 Unopposed MOTION Relax Local Rule 83.1 requirement that local counsel attend all depositions by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Browne - PHV, David) |
| Filing 82 NOTICE to Take Deposition of Scott Farve by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Cimino - PHV, Cynthia) |
| Filing 81 NOTICE to Take Deposition by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Cimino - PHV, Cynthia) |
| Filing 80 NOTICE to Take Deposition of Scott Niolet by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Cimino - PHV, Cynthia) |
| Filing 79 NOTICE to Take Deposition of Sarah Lebeau by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Cimino - PHV, Cynthia) |
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Filing 78
ORDER denying without prejudice Defendant's #50 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge Taylor B. McNeel on 5/28/2021. (MS)
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Filing 77
AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Robert P. Myers, Jr on May 28, 2021 (Attachment: #1 Acknowledgement and Agreement to Be Bound)(King, Steve)
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| MINUTE ENTRY for proceedings held before District Judge Taylor B. McNeel: Motion Hearing held by video conference on 5/28/2021 on #50 MOTION to Dismiss for Lack of Jurisdiction - Lack of Standing - filed by Scott M. Favre Public Adjuster, LLC. The Court heard argument on the Motion and, for reasons as stated on the record, the Motion was denied without prejudice. A separate Order will be entered. Defendant's unopposed ore tenus motion to extend the dispositive motion deadline was granted. A text only Order will be entered. APPEARANCES: N. Schrantz, D. Browne, C. Cimino for Plaintiff; D. Wade for Defendant; Court Reporter Teri Norton, Telephone Number: 228-563-1780. (KB) |
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TEXT ONLY ORDER granting Defendant's ore tenus motion to extend dispositive motion deadline. Defendant's unopposed motion made in 5/28/2021 Motion Hearing is granted, and the dispositive motion deadline is extended for two (2) weeks. Dispositive motion deadline is 7/26/2021. Signed by District Judge Taylor B. McNeel on 5/28/2021. (KB)
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| RESET DEADLINE: Motions due by 7/26/2021. (KB) |
| Filing 76 NOTICE of Service of KENT BORDELON Request for Production by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 75 NOTICE of Service of KENT BORDELON Interrogatories by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 74 NOTICE of Service of AT RISK SOLUTIONS, LLC Request for Production by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 73 NOTICE of Service of AT RISK SOLUTIONS, LLC Interrogatories by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 72 NOTICE of Service of SCOTT DOWDY Request for Production by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 71 NOTICE of Service of SCOTT DOWDY Interrogatories by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 70 NOTICE of Service of DOW DISASTER RESTORATION, LLC Request for Production by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 69 NOTICE of Service of DOW DISASTER RESTORATION, LLC Interrogatories by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| NOTICE of Hearing on #50 MOTION to Dismiss for Lack of Jurisdiction - Lack of Standing. Motion Hearing set for 5/28/2021 at 11:00 AM before District Judge Taylor B. McNeel by VIDEO CONFERENCE. Video connection information has been emailed to counsel of record. (KB) |
| Minute Entry for proceedings held before Magistrate Judge Robert P. Myers, Jr: Telephonic Discovery Conference held on 5/21/2021 with attorneys David L. Browne - PHV, Cynthia Marie Cimino - PHV and David Randall Wade. Defendant will produce documents on an ongoing basis to be completed no later than June 1, 2021. Parties will submit a proposed agreed protective order for the Court's consideration by close of business Monday, May 24, 2021. (SR) |
| NOTICE of Hearing: Telephonic Discovery Conference set for 5/21/2021 09:00 AM before Magistrate Judge Robert P. Myers Jr. Plaintiff will place the telephone call to Judge Myers' chambers with all necessary counsel on the line. (SR) |
| Filing 68 NOTICE of Service of Request for Production by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 67 NOTICE of Service of Interrogatories by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 66 NOTICE of Service of Request for Production by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 65 NOTICE of Service of Interrogatories by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 64 NOTICE of Service of Request for Production by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 63 NOTICE of Service of Interrogatories by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 62 NOTICE of Service of Request for Production by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 61 NOTICE of Service of Interrogatories by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| SET HEARING as to #50 MOTION to Dismiss for Lack of Jurisdiction - Lack of Standing. Motion Hearing set for 5/28/2021 at 11:00 AM in Courtroom 706 (Gulfport) before District Judge Taylor B. McNeel. (KB) |
| Filing 60 NOTICE of Service of Designation of Experts by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 59 NOTICE of Service of Plaintiffs' Designation of Experts by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Browne - PHV, David) |
| DOCKET ANNOTATION as to #58. Counsel is reminded to include the exhibit letter or number in the description of each exhibit in future filings. Clerk has made the correction. (wld) |
| Filing 58 REPLY to Response to Motion re #51 Memorandum in Support of Motion, #50 MOTION to Dismiss for Lack of Jurisdiction -Lack of Standing, #57 Memorandum in Opposition to Motion, #56 Response in Opposition to Motion,, filed by Scott M. Favre Public Adjuster, LLC (Attachments: #1 Exhibit 1: pre-suit Attorney Browne demand letter, #2 Exhibit 2: pre-suit debtor dispute letter)(Wade, David) Modified on 3/16/2021 (wld). |
| Filing 57 MEMORANDUM in Opposition re #50 MOTION to Dismiss for Lack of Jurisdiction -Lack of Standing filed by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Browne - PHV, David) |
| Filing 56 RESPONSE in Opposition re #50 MOTION to Dismiss for Lack of Jurisdiction -Lack of Standing filed by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Attachments: #1 Exhibit 1 - Def's Answer to Complaint, #2 Exhibit 2 - Def's Responses to INTs, #3 Exhibit 3 - the Agreement, #4 Exhibit 4 - Dow's Responses to RFAs, #5 Exhibit 5 - Dowdy's Responses to RFAs, #6 Exhibit 6 - Bordelon's Responses to RFAs, #7 Exhibit 7 - At Risk's Responses to RFAs, #8 Exhibit 8 - Pls' pre-suit demand, #9 Exhibit 9 - Def's response to Pls' pre-suit demand, #10 Exhibit 10- Payment records)(Browne - PHV, David) |
| Filing 55 NOTICE of Service of Response to Request for Production by Dow Disaster Restoration, LLC (Browne - PHV, David) |
| Filing 54 NOTICE of Service of Response to Request for Production by Scott Dowdy (Browne - PHV, David) |
| Filing 53 NOTICE of Service of Response to Request for Production by Kent Bordelon (Browne - PHV, David) |
| Filing 52 NOTICE of Service of Response to Request for Production by At Risk Solutions, LLC (Browne - PHV, David) |
| Filing 51 MEMORANDUM in Support re #50 MOTION to Dismiss for Lack of Jurisdiction -Lack of Standing filed by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 50 MOTION to Dismiss for Lack of Jurisdiction -Lack of Standing by Scott M. Favre Public Adjuster, LLC (Attachments: #1 Exhibit EX 1- Complaint with attachments, #2 Exhibit EX 2 - Dow Responses to INTs, #3 Exhibit EX 3- Dowdy Responses to INTs, #4 Exhibit EX 4- Bordelon Responses to INTs, #5 Exhibit EX 5- At Risk Resp to INTs)(Wade, David) |
| Filing 49 NOTICE of Service of Response to Interrogatories by Dow Disaster Restoration, LLC (Browne - PHV, David) |
| Filing 48 NOTICE of Service of Response to Interrogatories by Scott Dowdy (Browne - PHV, David) |
| Filing 47 NOTICE of Service of Response to Interrogatories by Kent Bordelon (Browne - PHV, David) |
| Filing 46 NOTICE of Service of Response to Interrogatories by At Risk Solutions, LLC (Browne - PHV, David) |
| Filing 45 NOTICE of Service of Response to Request for Admissions by Dow Disaster Restoration, LLC (Browne - PHV, David) |
| Filing 44 NOTICE of Service of Response to Request for Admissions by Scott Dowdy (Browne - PHV, David) |
| Filing 43 NOTICE of Service of Response to Request for Admissions by Kent Bordelon (Browne - PHV, David) |
| Filing 42 NOTICE of Service of Response to Request for Admissions by At Risk Solutions, LLC (Browne - PHV, David) |
| Minute Entry for proceedings held before Magistrate Judge Robert P. Myers, Jr: Telephone Conference held on 1/7/2021 with attorneys Nathan L. Schrantz, David L. Browne - PHV, Cynthia Marie Cimino - PHV and David Randall Wade regarding the reassignment of District Judge Taylor B. McNeel to the matter and entering an amended case management order. The status of the case was discussed and the current case management deadlines will remain in effect with Judge McNeel as the district judge. Text Only Order to follow. (SR) |
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TEXT ONLY AMENDED SCHEDULING ORDER: Pretrial Conference set for 12/15-16/2021 09:00 AM in Courtroom 706 (Gulfport) before District Judge Taylor B. McNeel. Jury Trial set during a four-week term of Court beginning on 1/4/2022 09:00 AM in Courtroom 706 (Gulfport) before District Judge Taylor B. McNeel. Proposed Pretrial Order due by 12/15/2021. ADR Report due by 12/8/2021. EDT: 5-10 days. All other case management deadlines remain unchanged. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge Robert P. Myers, Jr on 1/7/2021 (SR)
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| NOTICE of Hearing: Telephone Conference set for 1/7/2021 10:15 AM before Magistrate Judge Robert P. Myers Jr. to enter an amended case management order to conform to Judge McNeel's trial calendar. Plaintiff will place the telephone call to Judge Myers' chambers with all necessary counsel on the line. (SR) |
| Filing 41 NOTICE of Service of Defendants First Set of Requests for Production to Plaintiff, Scott Dowdy Request for Production by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 40 NOTICE of Service of Defendants First Set of Requests for Admissions to Plaintiff, Scott Dowdy Request for Admissions by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 39 NOTICE of Service of Defendants First Set of Interrogatories to Plaintiff, Scott Dowdy Interrogatories by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 38 NOTICE of Service of Defendants First Set of Requests for Production to Plaintiff, Dow Disaster Restoration, LLC Request for Production by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 37 NOTICE of Service of Defendants First Set of Requests for Admissions to Plaintiff, Dow Disaster Restoration, LLC Request for Admissions by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 36 NOTICE of Service of Defendants First Set of Interrogatories to Plaintiff, Dow Disaster Restoration, LLC Interrogatories by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 35 NOTICE of Service of Defendants First Set of Requests for Production to Plaintiff, Kent Bordelon Request for Production by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 34 NOTICE of Service of Defendants First Set of Requests for Admissions to Plaintiff, Kent Bordelon Request for Admissions by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 33 NOTICE of Service of Defendants First Set of Interrogatories to Plaintiff, Kent Bordelon Interrogatories by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 32 NOTICE of Service of Defendants First Set of Requests for Production to Plaintiff, At Risk Solutions, LLC Request for Production by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 31 NOTICE of Service of Defendants First Set of Requests for Admissions to Plaintiff, At Risk Solutions, LLC Request for Admissions by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 30 NOTICE of Service of Defendants First Set of Interrogatories to Plaintiff, At Risk Solutions, LLC Interrogatories by Scott M. Favre Public Adjuster, LLC (Wade, David) |
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Filing 29
ORDER REASSIGNING CASE. Case reassigned to District Judge Taylor B. McNeel for all further proceedings. District Judge Louis Guirola, Jr no longer assigned to case. Signed by Chief District Judge Daniel P. Jordan, III on 12/18/2020 (PKS)
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| Attorneys are advised to include the case number and new judge assignment of 1:20cv155TBM-RPM on future filed pleadings. (PKS) |
| Filing 28 NOTICE of Service of Defendant's Initial Disclosures Disclosure by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 27 NOTICE of Service of Response to Request for Production by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 26 NOTICE of Service of Plaintiffs' Rule 26 Disclosure by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Cimino - PHV, Cynthia) |
| DOCKET ANNOTATION as to #25. Counsel should use the correct Magistrate Judge's initials on future filings. 1:20cv155LG-RPM. (wld) |
| Filing 25 NOTICE of Service of Response to Interrogatories by Scott M. Favre Public Adjuster, LLC (Wade, David) |
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Filing 24
CASE MANAGEMENT ORDER: Disclosure due by 12/21/2020. Jury Trial set during a four-week term of Court beginning on 1/4/2022 09:00 AM in Courtroom 606 (Gulfport) before District Judge Louis Guirola Jr. Pretrial Conference set for 12/15-16/2021 09:00 AM in Courtroom 606 (Gulfport) before District Judge Louis Guirola Jr. Discovery due by 6/29/2021. Motions for Amended Pleadings due by 1/22/2021. Motions for Joinder of Parties due by 1/22/2021. Designate Experts Plaintiff Deadline due by 3/18/2021. Designate Experts for Defendant Deadline due by 4/20/2021. Motions due by 7/12/2021. Settlement Conference set for 9/21/2021 01:30 PM in Chambers 672 (Gulfport) before Magistrate Judge Robert P. Myers Jr. ADR Report due by 12/8/2021. Proposed Pretrial Order due by 12/15/2021. EDT: 5-10 days. Parties do not consent. Signed by Magistrate Judge Robert P. Myers, Jr on 11/23/2020 (SR)
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| Minute Entry for proceedings held before Magistrate Judge Robert P. Myers, Jr: Telephonic Case Management Conference held on 11/23/2020 with attorneys Nathan L. Schrantz, David L. Browne - PHV, Cynthia Marie Cimino - PHV and David Randall Wade. (SR) |
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TEXT ONLY ORDER finding as moot #12 Motion to Dismiss for Lack of Jurisdiction. The parties have advised that there are no objections to the Court finding this Motion as moot. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Louis Guirola, Jr. on 11/16/2020 (cf)
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| Reset Hearings: Telephonic Case Management Conference RESET DUE TO A CHANGE IN THE COURT'S SCHEDULE for 11/23/2020 09:30 AM before Magistrate Judge Robert P. Myers Jr. Counsel will follow the instructions given in the Initial Rule 16(a) Order. (SR) |
| Filing 23 NOTICE of Service of First Set of Request for Production by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Browne - PHV, David) |
| Filing 22 NOTICE of Service of First Set of Interrogatories by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Browne - PHV, David) |
| Filing 21 ANSWER to #19 Answer to Complaint, Counterclaim by Dow Disaster Restoration, LLC.(Browne - PHV, David) |
| Filing 20 Rule 16(a) Initial Order Telephonic Case Management Conference set for 11/23/2020 01:45 PM before Magistrate Judge Robert P. Myers Jr. (SR) |
| DOCKET ANNOTATION as to #19. Counsel should use the correct Magistrate Judge's initials on future filings. 1:20cv155LG-RPM. (wld) |
| DOCKET ANNOTATION as to #19. Clerk has deleted At Risk Solutions, LLC, Scott Dowdy and Kent Bordelon as counter defendants on the docket. Counsel inadvertently selected them when filing the counterclaim. (wld) |
| Filing 19 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Dow Disaster Restoration, LLC, by Scott M. Favre Public Adjuster, LLC.(Wade, David) Modified on 10/5/2020 (wld). |
| Filing 18 SUMMONS Returned Executed by Dow Disaster Restoration, LLC, At Risk Solutions, LLC, Kent Bordelon, Scott Dowdy. Scott M. Favre Public Adjuster, LLC served on 9/11/2020, answer due 10/2/2020. (Browne - PHV, David) |
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Filing 17
ORDER taking under advisement #12 Motion to Dismiss for Lack of Jurisdiction and Granting an Additional Thirty Days to Effect Service of Process Signed by District Judge Louis Guirola, Jr on 09/01/2020 (Guirola, Louis)
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| Docket Annotation as to Doc. #16. Incomplete linkage made. This reply should have also been linked to motion #12. All related filings to motions (using the"Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. Court staff has made the correction. (wld) |
| Filing 16 REPLY to Response to #12 Motion re #15 Memorandum in Opposition to Motion, #14 Response in Opposition to Motion, filed by Scott M. Favre Public Adjuster, LLC (Attachments: #1 Exhibit written limited authority, #2 Exhibit declaration of Sarah Lebeau)(Wade, David) Modified on 8/26/2020 (wld). |
| Filing 15 MEMORANDUM in Opposition re #12 MOTION to Dismiss for Lack of Jurisdiction filed by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Browne - PHV, David) |
| Filing 14 RESPONSE in Opposition re #12 MOTION to Dismiss for Lack of Jurisdiction filed by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Attachments: #1 Affidavit Ex 1 - Affidavit of Process Server, #2 Exhibit Ex 2 - Pls' counsel ltr to Def's counsel, #3 Exhibit Ex 3 - Def's counsel ltr to Pls' counsel)(Browne - PHV, David) |
| Filing 13 MEMORANDUM in Support re #12 MOTION to Dismiss for Lack of Jurisdiction filed by Scott M. Favre Public Adjuster, LLC (Wade, David) |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction by Scott M. Favre Public Adjuster, LLC (Attachments: #1 Exhibit 1: Proof of Service with attachments, #2 Exhibit 2: Declaration of Cindy L. Favre)(Wade, David) Modified on 8/5/2020 (wld). |
| Filing 11 NOTICE of Appearance by David Randall Wade on behalf of Scott M. Favre Public Adjuster, LLC (Wade, David) |
| DOCKET ANNOTATION as to #11, 12 and 13. Counsel is reminded to use the newly assigned Magistrate Judge's initials on future filings. 1:20cv155LG-RPM. This case was reassigned to Magistrate Judge Myers on 8/3/2020. (wld) |
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Filing 10
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Robert P. Myers, Jr for all further proceedings. Magistrate Judge Robert H. Walker no longer assigned to case Signed by Chief District Judge Daniel P. Jordan, III on 8/3/2020 (wld)
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| All parties should use the newly assigned Magistrate Judge's initials on future filings. (wld) |
| Filing 9 SUMMONS Returned Executed by Dow Disaster Restoration, LLC, At Risk Solutions, LLC, Kent Bordelon, Scott Dowdy. (Attachments: #1 SMFPA,LLC grant of general agency to Scott M. Favre)(Browne - PHV, David) Modified on 7/23/2020 (wld). |
| Filing 8 SUMMONS Returned Executed by Dow Disaster Restoration, LLC, At Risk Solutions, LLC, Kent Bordelon, Scott Dowdy. Scott M. Favre Public Adjuster, LLC served on 7/15/2020, answer due 8/5/2020. (Browne - PHV, David) |
| Docket Annotation as to Doc. #8. A return on summons should not be filed without the first page, as issued, preceding the return. Attorney is directed to refile. (wld) |
| Pro Hac Vice fee paid for Cynthia Cimino receipt number 0538-4305650 $ 100 (Schrantz, Nathan) |
| Pro Hac Vice fee paid for David L Browne receipt number 0538-4305639 $ 100 (Schrantz, Nathan) |
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Filing 7
ORDER granting #5 Motion to Appear Pro Hac Vice; granting #6 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Robert H. Walker on June 23, 2020 (King, Steve)
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| Filing 6 MOTION for Cynthia Cimino to Appear Pro Hac Vice by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Attachments: #1 Exhibit Certificate of Good Standing)(Schrantz, Nathan) |
| Filing 5 MOTION for David L. Browne to Appear Pro Hac Vice by At Risk Solutions, LLC, Kent Bordelon, Dow Disaster Restoration, LLC, Scott Dowdy (Attachments: #1 Exhibit Certificate of Good Standing)(Schrantz, Nathan) |
| DOCKET ANNOTATION as to document #3 & #4. These documents should not be filed "Ex Parte". Counsel should refile using the motion relief "Appear Pro Hac Vice". Document #3 and #4 will be terminated and should be disregarded. (wld) |
| Filing 2 Summons Issued as to Scott M. Favre Public Adjuster, LLC. (RLW) |
| Remark: Original Summons for service mailed to attorney to address on summons via regular us mail. (RLW) |
| Filing 1 COMPLAINT against Scott M. Favre Public Adjuster, LLC (Filing fee $400.00, receipt number 0538-4263368), filed by Dow Disaster Restoration, LLC, At Risk Solutions, LLC, Kent Bordelon, Scott Dowdy (Attachments: #1 Exhibit 1 - Email Agreement, #2 Exhibit 2 - Demand Letter, #3 Civil Cover Sheet) (RLW) |
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