Allen v. A B C Insurance Co et al
| Major Robert Allen and Robert Allen |
| A B C Insurance Co and Southern Dredging Co Inc |
| 2:2021cv01994 |
| July 9, 2021 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Marine |
| 28 U.S.C. § 1333 |
| None |
Docket Report
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This docket was last retrieved on August 10, 2021. A more recent docket listing may be available from PACER.
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Filing 36
ORDER granting #35 Motion to Appear Pro Hac Vice. Signed by Honorable Richard M Gergel on 8/10/21. (rshu, )
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| Filing 35 MOTION to Appear Pro Hac Vice by Jerome H. Moroux ( Filing fee $ 350 receipt number 0420-10006003) by Robert Allen. Response to Motion due by 8/23/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Ex A - Applicant Certificate of Good Standing, #2 Exhibit Ex. B - Local Counsel Certificate of Good Standing, #3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Bilbrey, Albert) |
| Filing 33 TEXT ORDER re #32 : For good cause shown and in light of Mr. Mullers notice of appearance, the motion to withdraw as counsel is GRANTED. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 7/28/21.(ltap, ) |
| Filing 32 MOTION to Withdraw as Attorney by Southern Dredging Co Inc. Response to Motion due by 8/10/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Muller, Douglas) |
| Filing 31 Local Rule 26.01 Answers to Interrogatories by Southern Dredging Co Inc.(Muller, Douglas) |
| Filing 30 NOTICE of Appearance by Douglas Manning Muller on behalf of Southern Dredging Co Inc (Muller, Douglas) |
| Filing 29 NOTICE OF TRANSFER (sshe, ) |
| Filing 28 Case transferred in from District of Louisiana Western; Case Number 6:20-cv-00395. Original file certified copy of transfer order and docket sheet received. |
| CASE TRANSFERRED OUT ELECTRONICALLY from Western District of Louisiana to District of South Carolina. Case Terminated. All future pleadings should be filed with the newly assigned court. (crt,Thomas, T) [Transferred from Louisiana Western on 7/9/2021.] |
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Filing 27
ORDER mooting #18 Motion to Dismiss for Lack of Jurisdiction; granting #18 Motion to Transfer Case; granting #26 Motion to Transfer Case. Signed by Judge James D Cain, Jr on 6/24/2021. (crt,Thomas, T) [Transferred from Louisiana Western on 7/9/2021.]
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| Set/Reset Deadlines as to #26 MOTION to Transfer Case . Motion Ripe Deadline set for 6/23/2021. (crt,Thomas, T) [Transferred from Louisiana Western on 7/9/2021.] |
| Filing 26 MOTION to Transfer Case by Robert Allen. Motions referred to Patrick J Hanna. (Attachments: #1 Proposed order)(aty,Moroux, Jerome) [Transferred from Louisiana Western on 7/9/2021.] |
| Motions Transferred regarding #26 MOTION to Transfer Case . Motions referred to Judge James D Cain, Jr. (crt,Thomas, T) [Transferred from Louisiana Western on 7/9/2021.] |
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Filing 25
ELECTRONIC ORDER granting #24 Motion for Extension. Response to the Motion to Dismiss [doc. 18] due by June 23, 2021. Reply due by June 30 2021. Signed by Judge James D Cain, Jr on 6/10/2021. (crt,Higgins, M) [Transferred from Louisiana Western on 7/9/2021.]
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| Filing 24 MOTION for Extension of Briefing Deadlines with consent by Robert Allen. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 6/9/2021. (Attachments: #1 Proposed order)(aty,Moroux, Jerome) [Transferred from Louisiana Western on 7/9/2021.] |
| Motions Transferred regarding #24 MOTION for Extension of Briefing Deadlines with consent . Motions referred to Judge James D Cain, Jr. (crt,Taylor, L) [Transferred from Louisiana Western on 7/9/2021.] |
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Filing 23
ORDER granting #22 Motion to Enroll as Counsel. Added as counsel Alexandra M Lamothe for Southern Dredging Co Inc. Signed by Magistrate Judge Patrick J Hanna on 6/2/2021. (crt,Alexander, E) [Transferred from Louisiana Western on 7/9/2021.]
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| Filing 22 MOTION for Alexandra M. Lamothe to Enroll as Counsel by Southern Dredging Co Inc. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 6/1/2021. (Attachments: #1 Proposed order to Enroll)(aty,Schwartz, William) [Transferred from Louisiana Western on 7/9/2021.] |
| Filing 21 NOTICE of Motion Setting without oral argument regarding: #18 MOTION to Dismiss for Lack of Jurisdiction or Alternatively MOTION to Transfer Case . Motion day set for 6/30/2021 before Judge James D Cain Jr. (crt,Thomas, T) [Transferred from Louisiana Western on 7/9/2021.] |
| Filing 20 CORRECTIVE DOCUMENT entitled Memorandum with requested Table of Contents/Authorities filed by Southern Dredging Co Inc regarding #19 Notice of Deficiency, #18 MOTION to Dismiss for Lack of Jurisdiction or Alternatively MOTION to Transfer Case . (Attachments: #1 Exhibit 1, Marine report of Injury, #2 Exhibit 2, Daily Report, #3 Exhibit 3, Certificate of Existence, #4 Exhibit 4, Deposition of Kimberly Richmond, #5 Exhibit 5, Sec. Of State online business, #6 Exhibit 6, So. Dredging webpage application, #7 Exhibit 7, online application of Allen, #8 Exhibit 8, employment file of Allen, #9 Exhibit 9, Allen responses to Admissions, #10 Exhibit 10, So. Dredging Answers to Interr/Responses to RFPD, #11 Proposed order)(aty,Schwartz, William) (Thomas, T). Modified on 5/27/2021 (Thomas, T). [Transferred from Louisiana Western on 7/9/2021.] |
| Filing 19 NOTICE of Deficiency to William B Schwartz on behalf of Southern Dredging Co Inc regarding #18 MOTION to Dismiss for Lack of Jurisdiction or Alternatively MOTION to Transfer Case . Reason: A table of contents and table of cases, statutes and other authorities is required for a brief which exceeds ten pages. Please see LR7.8 for specific requirements regarding table of contents. (crt,Thomas, T) [Transferred from Louisiana Western on 7/9/2021.] |
| Filing 18 MOTION to Dismiss for Lack of Jurisdiction or Alternatively, MOTION to Transfer Case by Southern Dredging Co Inc. Motions referred to Patrick J Hanna. (Attachments: #1 Memorandum / Brief In support, #2 Exhibit Marine Report of Injury, #3 Exhibit Daily Report, #4 Exhibit Certificate of Existence, #5 Exhibit Deposition of Kimberly Richmond, #6 Exhibit Sec. of State So. Carolina, #7 Exhibit So. Dredging web application, #8 Exhibit On line application of Allen, #9 Exhibit Employment file of Allen, #10 Exhibit Allen Response to Req for Admissions, #11 Exhibit Southern Answers to Interrogs/Response to RFPD, #12 Proposed Order of Dismissal and/or Transfer)(aty,Schwartz, William) Modified to indicate table of contents filed within doc #20 on 5/27/2021 (Thomas, T). [Transferred from Louisiana Western on 7/9/2021.] |
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Filing 17
SCHEDULING ORDER Governing Pretrial Procedure: Bench Trial set for 10/12/2021 10:00 AM in Lafayette, Courtroom 4 before Judge James D Cain Jr. Pretrial Conference set for 9/28/2021 09:00 AM in chambers before Judge James D Cain Jr. Plaintiffs Expert Info/Reports due by 6/14/2021. Defendants Expert Info/Reports due by 6/29/2021. Amended Pleadings due by 6/14/2021. Dispositive Motions due by 7/14/2021. Daubert Motions due by 8/13/2021. Motions in Limine due by 8/13/2021. Compel discovery 8/13/2021. Deadline for filing motion for protective order is 9/14/2021. Pretrial statements due by 9/14/2021. Electronic Exhibits due by 10/5/2021. Real Time glossary due by 10/5/2021. Signed by Magistrate Judge Patrick J Hanna on 3/10/2021. (crt,Alexander, E) [Transferred from Louisiana Western on 7/9/2021.]
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Filing 16
ORDER: IT IS ORDERED that bench trial of this matter is hereby CONTINUED from June 14, 2021 until TUESDAY, OCTOBER 12, 2021 before Judge Cain in Lafayette, Louisiana. A pretrial conference is SET for TUESDAY, SEPTEMBER 28, 2021 at 9:00 a.m. in chambers with Judge Cain in Lafayette, Louisiana. Signed by Magistrate Judge Patrick J Hanna on 3/10/2021. (crt,Alexander, E) [Transferred from Louisiana Western on 7/9/2021.]
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Filing 15
MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: TELEPHONE STATUS CONFERENCE held on 3/10/2021. The court GRANTED the 14 joint oral motion of the parties for a continuance of the bench trial of this case, previously set for June 12, 2021. A separate order will issue continuing the trial and directing issuance of a new scheduling order. Signed by Magistrate Judge Patrick J Hanna on 3/10/2021. (crt,Alexander, E) [Transferred from Louisiana Western on 7/9/2021.]
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| Filing 14 JOINT ORAL MOTION to Continue Bench Trial by Robert Allen, Southern Dredging Co Inc. Motions referred to Magistrate Judge Patrick J Hanna. Motion Ripe Deadline set for 3/10/2021. (crt,Alexander, E) [Transferred from Louisiana Western on 7/9/2021.] |
| Filing 13 NOTICE of Corrective Action regarding (14 in 6:20-cv-00105-JDC-CBW, 41 in 6:19-cv-01270-JDC-CBW, 12 in 6:20-cv-00395-JDC-PJH) Notice. Action taken: Please disregard the Notice issued this date regarding suspension of proceedings and deadlines. This notice applies to Lake Charles Division cases only. (crt,Whidden, C) [Transferred from Louisiana Western on 7/9/2021.] |
| Filing 12 NOTICE REGARDING HURRICANE LAURA: The Lake Charles area sustained extensive damage due to Hurricane Laura, including the Edwin F. Hunter, Jr. Courthouse. All proceedings and deadlines due within the next 30 days before Judge Cain are suspended. All proceedings and deadlines due before Magistrate Judge Kay remain as previously set. The court will advise of resettings in due course on a per-case basis via CM/ECF. Parties are encouraged to electronically file for relief or extensions, but if unable to do so, to call chambers and leave a message. Your message will be responded to promptly. (crt,Dunford, T) [Transferred from Louisiana Western on 7/9/2021.] |
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Filing 11
SCHEDULING ORDER Governing Pretrial Procedure: Bench Trial set for 6/14/2021 10:00 AM in Lake Charles, Courtroom 3 before Judge James D Cain Jr. Pretrial Conference set for 5/25/2021 01:30 PM in chambers before Judge James D Cain Jr. Plaintiffs Expert Info/Reports due by 2/16/2021. Defendants Expert Info/Reports due by 3/1/2021. Amended Pleadings due by 2/16/2021. Dispositive Motions due by 3/16/2021. Daubert Motions due by 4/15/2021. Motions in Limine due by 4/15/2021. Compel discovery 4/15/2021. Deadline for filing motion for protective order is 5/17/2021. Pretrial statements due by 5/17/2021. Electronic Exhibits due by 6/7/2021. Real Time glossary due by 6/7/2021. Signed by Magistrate Judge Patrick J Hanna on 9/1/2020. (crt,Alexander, E) [Transferred from Louisiana Western on 7/9/2021.]
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Filing 10
ORDER: IT IS ORDERED that the bench trial of this matter is SET for June 14, 2021 before Judge Cain in Courtroom 3, Lake Charles courthouse. IT IS FURTHER ORDERED that the pretrial conference is set for May 25, 2021 at 1:30 p.m. in Judge Cain's chambers. Signed by Magistrate Judge Patrick J Hanna on 8/10/2020. (crt,Alexander, E) [Transferred from Louisiana Western on 7/9/2021.]
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| Filing 9 MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: SCHEDULING CONFERENCE held on 8/10/2020. Bench Trial set for 6/14/2021 10:00 AM in Lake Charles, Courtroom 3 before Judge James D Cain Jr. Pretrial Conference set for 5/25/2021 01:30 PM in chambers before Judge James D Cain Jr. (crt,Alexander, E) [Transferred from Louisiana Western on 7/9/2021.] |
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Filing 8
ELECTRONIC ORDER: IT IS ORDERED that a Scheduling Conference is set for 8/10/2020 at 10:00 AM by phone before Magistrate Judge Patrick J Hanna. Counsel shall call in to the conference by dialing 888-684-8852 and using access code 5910394. Signed by Magistrate Judge Patrick J Hanna on 7/24/2020. (crt,Nations, S) [Transferred from Louisiana Western on 7/9/2021.]
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| Filing 7 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 1333. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Patrick J Hanna on 7/24/2020. (crt,Nations, S) [Transferred from Louisiana Western on 7/9/2021.] |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by Southern Dredging Co Inc. (aty,Schwartz, William) [Transferred from Louisiana Western on 7/9/2021.] |
| Filing 5 NOTICE of Corporate Disclosure Statement Requirement re: #4 Answer to Complaint, sent to William B Schwartz on behalf of Southern Dredging Co Inc. Corporate Disclosure Statement due by 6/10/2020. (crt,Thomas, T) [Transferred from Louisiana Western on 7/9/2021.] |
| Filing 4 Defendant, Southern Dredging Co., Inc.'s ANSWER to #1 Complaint, of Plaintiff, Robert Allen by Southern Dredging Co Inc.(Attorney William B Schwartz added to party Southern Dredging Co Inc(pty:dft))(aty,Schwartz, William) [Transferred from Louisiana Western on 7/9/2021.] |
| Filing 3 SUMMONS Returned Executed by Robert Allen. Southern Dredging Co Inc served on 4/13/2020, answer due 5/4/2020. (aty,Moroux, Jerome) [Transferred from Louisiana Western on 7/9/2021.] |
| Filing 2 SUMMONS ISSUED as to Southern Dredging Co Inc. (crt,Thomas, T) [Transferred from Louisiana Western on 7/9/2021.] |
| Filing 1 COMPLAINT against A B C Insurance Co, Southern Dredging Co Inc. (Filing fee $400, receipt number ALAWDC-4221858) filed by Robert Allen. (Attachments: #1 Civil cover sheet)(Attorney Jerome Harold Moroux added to party Robert Allen(pty:pla))(aty,Moroux, Jerome) Modified to edit docket text on 3/27/2020 (Thomas, T). [Transferred from Louisiana Western on 7/9/2021.] |
| CASE Assigned to Judge James D Cain, Jr and Magistrate Judge Patrick J Hanna. (crt,Thomas, T) [Transferred from Louisiana Western on 7/9/2021.] |
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