CFM Disaster Recovery Services, LLC et al v. Southstar Financial, LLC
| CFM Disaster Recovery Services, LLC, FCA Construction, LLC, FCA Electrical Services, LLC, FCA Equipment, LLC, FCA Mechanical, LLC, FCA Plumbing, LLC, FCA Roofing, LLC and Albert Walter Courcelle, III |
| Southstar Financial LLC |
| 2:2023cv06139 |
| November 30, 2023 |
| US District Court for the District of South Carolina |
| David C Norton |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 29, 2024. A more recent docket listing may be available from PACER.
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Filing 52
Minute Entry. Proceedings held before Honorable David C Norton: Motion Hearing held on 1/12/2024 re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Southstar Financial LLC, #31 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief filed by Albert Walter Courcelle, III, FCA Plumbing, LLC, FCA Equipment, LLC, FCA Electrical Services, LLC, FCA Mechanical, LLC, CFM Disaster Recovery Services, LLC, FCA Roofing, LLC, FCA Construction, LLC. Witness, exhibits, and arguments (Motion for TRO) presented. Parties to consider mediation. The Court will issue an order. Court Reporter Karen Martin. (ccau, )
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Filing 51
Minute Entry. Proceedings held before Honorable David C Norton: Motion Hearing held on 1/11/2024 re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Southstar Financial LLC, #31 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief filed by Albert Walter Courcelle, III, FCA Plumbing, LLC, FCA Equipment, LLC, FCA Electrical Services, LLC, FCA Mechanical, LLC, CFM Disaster Recovery Services, LLC, FCA Roofing, LLC, FCA Construction, LLC. Arguments, witnesses and exhibits presented. Hearing will conclude Friday, 1/12/2024 at 10:30 am. Court Reporter Karen Martin. (ccau, )
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Filing 50
REPLY to Response to Motion re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by CFM Disaster Recovery Services, LLC. (Ellard, Ryan)
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Filing 49
REPLY to Response to Motion re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Supplemental Brief) Response filed by Southstar Financial LLC. (Cooper, Lindsey)
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Filing 48
NOTICE OF RESCHEDULED HEARING Motion Hearing set for 1/9/2024 at 10:00 AM cancelled and rescheduled to: Motion Hearing set for 1/11/2024 10:00 AM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable David C Norton. (hcor, )
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Filing 47
REPLY to Response to Motion re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Southstar Financial LLC. (Tierney, Nicholas)
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Filing 46
REPLY to Response to Motion re #31 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief Response filed by CFM Disaster Recovery Services, LLC, Albert Walter Courcelle, III, FCA Construction, LLC, FCA Electrical Services, LLC, FCA Equipment, LLC, FCA Mechanical, LLC, FCA Plumbing, LLC, FCA Roofing, LLC. (Ellard, Ryan)
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Filing 45
RESPONSE in Opposition re #31 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief Response filed by Southstar Financial LLC.Reply to Response to Motion due by 1/3/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Cooper, Lindsey)
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Filing 44
Plaintiffs' ANSWER to Counterclaim #35 by CFM Disaster Recovery Services, LLC, Albert Walter Courcelle, III, FCA Construction, LLC, FCA Electrical Services, LLC, FCA Equipment, LLC, FCA Mechanical, LLC, FCA Plumbing, LLC, FCA Roofing, LLC.(Ellard, Ryan)
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Filing 43
RESPONSE in Opposition re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by CFM Disaster Recovery Services, LLC, Albert Walter Courcelle, III, FCA Construction, LLC, FCA Electrical Services, LLC, FCA Equipment, LLC, FCA Mechanical, LLC, FCA Plumbing, LLC, FCA Roofing, LLC.Reply to Response to Motion due by 1/3/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ellard, Ryan)
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Filing 42
NOTICE of Hearing on Motions #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #31 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief : Motion Hearing set for 1/9/2024 at 10:00 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. (gray)
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Filing 41
ORDER granting #39 Motion to Appear Pro Hac Vice as to Loretta Mince for plaintiffs, CFM Disaster Recovery Services, L.L.C., FCA Construction L.L.C., FCA Electrical Services, L.L.C., FCA Equipment, L.L.C., FCA Mechanical L.L.C., FCA Plumbing, L.L.C., FCA Roofing, L.L.C. and Albert Walter Courcelle, III. Signed by Honorable David C Norton on 12/19/2023. (gray)
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Filing 40
ORDER granting #38 Motion to Appear Pro Hac Vice as to Michael Dodson for plaintiffs, CFM Disaster Recovery Services, L.L.C., FCA Construction L.L.C., FCA Electrical Services, L.L.C., FCA Equipment, L.L.C., FCA Mechanical L.L.C., FCA Plumbing, L.L.C., FCA Roofing, L.L.C. and Albert Walter Courcelle, III. Signed by Honorable David C Norton on 12/19/2023. (gray)
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Filing 39
MOTION to Appear Pro Hac Vice by Loretta G. Mince ( Filing fee $ 350 receipt number ASCDC-11486769) by CFM Disaster Recovery Services, LLC, Albert Walter Courcelle, III, FCA Construction, LLC, FCA Electrical Services, LLC, FCA Equipment, LLC, FCA Mechanical, LLC, FCA Plumbing, LLC, FCA Roofing, LLC. Response to Motion due by 1/3/2024. 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 Application for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Ellard, Ryan)
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Filing 38
MOTION to Appear Pro Hac Vice by Michael R. Dodson ( Filing fee $ 350 receipt number ASCDC-11486724) by CFM Disaster Recovery Services, LLC, Albert Walter Courcelle, III, FCA Construction, LLC, FCA Electrical Services, LLC, FCA Equipment, LLC, FCA Mechanical, LLC, FCA Plumbing, LLC, FCA Roofing, LLC. Response to Motion due by 1/3/2024. 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 Application and Affidavit for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Ellard, Ryan)
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Filing 37
NOTICE of Appearance by Nicholas Paul Tierney on behalf of Southstar Financial LLC (Tierney, Nicholas)
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Filing 36
NOTICE of Appearance by Margarete Linsay Boyce on behalf of Southstar Financial LLC (Boyce, Margarete)
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Filing 35
ANSWER to #6 Amended Complaint, Affirmative Defenses, COUNTERCLAIM against All Plaintiffs by Southstar Financial LLC. (Attachments: #1 Exhibit Exhibits 1-3)(Cooper, Lindsey)
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Filing 34
Plaintiffs' Local Rule 26.01 Answers to Interrogatories by CFM Disaster Recovery Services, LLC, Albert Walter Courcelle, III, FCA Construction, LLC, FCA Electrical Services, LLC, FCA Equipment, LLC, FCA Mechanical, LLC, FCA Plumbing, LLC, FCA Roofing, LLC.(Ellard, Ryan)
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Filing 33
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Southstar Financial LLC. Response to Motion due by 12/27/2023. 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 Memo in Support Memo in Support of Motion to Dismiss)Proposed order is being emailed to chambers with copy to opposing counsel.(Cooper, Lindsey)
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Filing 32
Local Rule 26.01 Answers to Interrogatories by Southstar Financial LLC.(Cooper, Lindsey)
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Filing 31
MOTION for Temporary Restraining Order and Preliminary Injunctive Relief by CFM Disaster Recovery Services, LLC, Albert Walter Courcelle, III, FCA Construction, LLC, FCA Electrical Services, LLC, FCA Equipment, LLC, FCA Mechanical, LLC, FCA Plumbing, LLC, FCA Roofing, LLC. Response to Motion due by 12/27/2023. 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 Memo in Support of Motion for Temporary Restraining Order and Preliminary Injunctive Relief, #2 Exhibit 1, Declaration of A. Courcelle, #3 Exhibit 2, August 29, 2023 email to L. Cooper with lawsuit attached, #4 Exhibit 3, August 31, 2023 Notice of Default, #5 Exhibit 4, Factoring Agreement, #6 Exhibit 5, September 25, 2023 emails re Payoff, #7 Exhibit 6, September 29, 2023 email from L. Cooper, #8 Exhibit 7, November 20, 2023 emails, #9 Exhibit 8, Woodward Voicemail, #10 Exhibit 9, November 17, 2023 email from N. Tierney)Proposed order is being emailed to chambers with copy to opposing counsel.(Ellard, Ryan)
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Filing 30
***DOCUMENT MAILED #29 Notice Other placed in U.S. Mail from Charleston Clerks Office to Michael Ryan Dodson,Fishman Haygood, LLP, 201 St. Charles Ave., Suite 4600, 46th Floor, New Orleans, LA 70170-4600 and Mary Ellen King, Thompson, Coe, Cousins & Irons, L.L.P.Insurance, 2801 Via Fortuna, Suite 300, Austin, TX 78746. (hcor, )
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Filing 29
NOTICE of Transfer. (hcor, )
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Filing 28
Case transferred in from District of Louisiana Eastern; Case Number 2:23-cv-04847. Original file certified copy of transfer order and docket sheet received.
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Filing 27
ORDER AND REASONS - IT IS ORDERED that #11 MOTION to Transfer Venue is GRANTED, as set forth herein. This matter is TRANSFERRED to the United States District Court, for the District of South Carolina, Charleston Division. Signed by Judge Jane Triche Milazzo on 11/30/2023.(sa) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 26
TEXT ORDER (No PDF Document Attached) re 23 Text Order, IT IS ORDERED that the oral argument on Defendant's Motion to Transfer is CANCELED. Defendant's Motion shall be decided on the briefs. Signed by Judge Jane Triche Milazzo.(egs) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 25
ORDER DENYING #24 Motion for Leave to File Supplemental Opposition. Signed by Judge Jane Triche Milazzo on 11/9/2023. (sa) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 24
EXPARTE/CONSENT MOTION for Leave to File Reply filed by All Plaintiffs. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit A_Declaration of Albert Walter Courcelle, III with Ex 1 & Ex 2)(Dodson, Michael) Modified on 11/9/2023 (sa). [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 23
TEXT ORDER (No PDF Document Attached) re #14 Order Setting/Resetting Hearing on Motion. IT IS ORDERED that, at the request of the parties, the oral argument on Defendant's Motion to Transfer Case Venue set for 10/19/2023 is RESET for 11/16/2023 at 9:30a.m. Signed by Judge Jane Triche Milazzo.(egs) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 22
ORDER denying #16 Motion Set Deadline for Sur-Reply and Allow Live Testimony. Signed by Judge Jane Triche Milazzo on 10/13/2023. (am) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 21
REPLY to Response to Motion filed by Southstar Financial, LLC re #11 MOTION to Transfer Case Venue. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(sa) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 20
ORDER GRANTING #19 Motion for Leave to File Reply Memorandum. Signed by Judge Jane Triche Milazzo on 10/12/2023. (sa) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 19
EXPARTE/CONSENT MOTION for Leave to File Defendant's Reply in Support of Motion to Transfer Venue by Southstar Financial, LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - TX Court Order, #3 Exhibit 2 - Declaration of Todd Culbreth, #4 Exhibit 3 - Declaration of Lori Wolff, #5 Proposed Order)(King, Mary Ellen) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 18
ORDER: IT IS HEREBY ORDERED that the Motion #17 is GRANTED and that any response to the Motion shall be filed on or before October 12, 2023. Signed by Judge Jane Triche Milazzo on 10/11/2023. (am) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 17
EXPARTE/CONSENT MOTION to Expedite Consideration of Motion to Set Deadline for Sur-Reply and Allow Live Testimony by CFM Disaster Recovery Services, LLC, Albert Walter Courcelle, III, FCA Construction, LLC, FCA Electrical Services, LLC, FCA Equipment, LLC, FCA Mechanical, LLC, FCA Plumbing, LLC, FCA Roofing, LLC. (Attachments: #1 Proposed Order)(Dodson, Michael) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 16
MOTION Set Deadline for Sur-Reply and Allow Live Testimony by CFM Disaster Recovery Services, LLC, Albert Walter Courcelle, III, FCA Construction, LLC, FCA Electrical Services, LLC, FCA Equipment, LLC, FCA Mechanical, LLC, FCA Plumbing, LLC, FCA Roofing, LLC. Motion(s) will be submitted on 10/25/2023. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Dodson, Michael) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 15
**DEFICIENT**RESPONSE/MEMORANDUM in Support filed by Southstar Financial, LLC re #11 MOTION to Transfer Case Venue . (Attachments: #1 Exhibit 1 - TX Court Order, #2 Exhibit 2 - Declaration of Todd Culbreth, #3 Exhibit 3 - Declaration of Lori Wolff)(King, Mary Ellen) Modified on 10/11/2023 (am). [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 14
ORDER Setting/Resetting Hearing on #11 MOTION to Transfer Case Venue : Motion Hearing with Oral Argument set for 10/19/2023 10:30 AM before Judge Jane Triche Milazzo. Signed by Judge Jane Triche Milazzo on 10/04/2023.(am) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 13
Request/Statement of Oral Argument by All Plaintiffs regarding #11 MOTION to Transfer Case Venue (Attachments: #1 Proposed Order)(Dodson, Michael) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 12
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #11 MOTION to Transfer Case Venue . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Dodson, Michael) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 11
MOTION to Transfer Case Venue by Southstar Financial, LLC. Motion(s) will be submitted on 10/11/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Factoring Agreement, #3 Exhibit 2 - Construction Addendum, #4 Exhibit 3 - Attestation, #5 Exhibit 4 - Guaranty, #6 Notice of Submission)(King, Mary Ellen) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 10
Statement of Corporate Disclosure by Southstar Financial, LLC identifying Corporate Parent SouthStar Capital, LLC for Southstar Financial, LLC (King, Mary Ellen) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 9
**DEFICIENT** MOTION to Transfer Case Venue by Southstar Financial, LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Factoring Agreement, #3 Exhibit 2 - Construction Addendum, #4 Exhibit 3 - Attestation, #5 Exhibit 4 - Guaranty)Attorney Mary Ellen King added to party Southstar Financial, LLC(pty:dft).(King, Mary Ellen) Modified text on 9/22/2023 (am). [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 8
AFFIDAVIT of Service by Michael R. Dodson of First Amended Complaint served on SouthStar Financial, LLC thru its agent Lindsey W. Cooper & signed by J. Ackie on September 6, 2023. (Attachments: #1 Exhibit A & B FedEx Confirmation Amended Complaint)(Dodson, Michael) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 7
SUMMONS Returned Executed; Southstar Financial, LLC served on 8/31/2023, answer due 9/21/2023. (Attachments: #1 Exhibit A_Federal Express Confirmation)(Dodson, Michael) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 6
First AMENDED COMPLAINT with Jury Demand against Southstar Financial, LLC filed by FCA Plumbing, LLC, FCA Electrical Services, LLC, FCA Roofing, LLC, FCA Construction, LLC, Albert Walter Courcelle, III, CFM Disaster Recovery Services, LLC, FCA Equipment, LLC, FCA Mechanical, LLC.(Dodson, Michael) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 5
ORDER AND REASONS - The Court finds that Plaintiffs have failed to adequately allege diversity of citizenship. Plaintiffs are GRANTED LEAVE TO AMEND their Complaint within 20 days from the entry of this Order. Failure to file timely an amended complaint will result in dismissal for lack of subject matter jurisdiction. Signed by Judge Jane Triche Milazzo on 8/30/2023.(sa) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 4
Summons Issued as to Southstar Financial, LLC. (sa) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 3
Request of Summons Issued as to Southstar Financial, LLC re: #1 Complaint. (Dodson, Michael) Modified on 8/30/2023 (sa). [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 2
Initial Case Assignment to Judge Jane Triche Milazzo and Magistrate Judge Michael North. (mb) [Transferred from Louisiana Eastern on 12/4/2023.]
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Filing 1
COMPLAINT with jury demand against Southstar Financial, LLC (Filing fee $ 402 receipt number ALAEDC-10118357) filed by FCA Plumbing, LLC, FCA Electrical Services, LLC, FCA Roofing, LLC, FCA Construction, LLC, Albert Walter Courcelle, III, CFM Disaster Recovery Services, LLC, FCA Equipment, LLC, FCA Mechanical, LLC. (Attachments: #1 Civil Cover Sheet)Attorney Michael Ryan Dodson added to party CFM Disaster Recovery Services, LLC(pty:pla), Attorney Michael Ryan Dodson added to party Albert Walter Courcelle, III(pty:pla), Attorney Michael Ryan Dodson added to party FCA Construction, LLC(pty:pla), Attorney Michael Ryan Dodson added to party FCA Electrical Services, LLC(pty:pla), Attorney Michael Ryan Dodson added to party FCA Equipment, LLC(pty:pla), Attorney Michael Ryan Dodson added to party FCA Mechanical, LLC(pty:pla), Attorney Michael Ryan Dodson added to party FCA Plumbing, LLC(pty:pla), Attorney Michael Ryan Dodson added to party FCA Roofing, LLC(pty:pla).(Dodson, Michael)[Transferred from Louisiana Eastern on 12/4/2023.]
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