RLB Contracting, Inc.
| RLB Contracting, Inc. |
| Joseph Sigle, Mark Butler and Linda Butler |
| 3:2013cv00016 |
| December 28, 2012 |
| US District Court for the Southern District of Texas |
| Galveston Office |
| Calhoun |
| Gregg Costa, US District Judge |
| John R Froeschner |
| Marine |
| Civil Miscellaneous Case |
| Plaintiff |
Docket Report
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Filing 61
Order of USCA PER CURIAM re: #58 Notice of Appeal ; USCA No. 14-40326. The District Court's Dismissal of RLB's complaint as time-barred is AFFIRMED, filed.(ltrevino, 3)
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Filing 60
Order of USCA; judgment issued as mandate 1/21/15 re: #58 Notice of Appeal ; USCA No. 14-40326. the judgment of the District Court is affirmed., filed. (Attachments: #1 USCA Letter)(ltrevino, 3)
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| Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #58 Notice of Appeal USCA No. 14-40326, filed.(ltrevino, 3) |
| Filing 59 Notice of the Filing of an Appeal. DKT13 transcript order form was not mailed to appellant. Fee status: Paid. The following Notice of Appeal and related motions are pending in the District Court: #58 Notice of Appeal, filed. (Attachments: #1 Notice of Appeal, #2 Final Judgment, #3 Docket Sheet)(ltrevino, 3) |
| Filing 58 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #57 Final Judgment by RLB Contracting, Inc. (Filing fee $ 505, receipt number 0541-12941193), filed.(Toy, David) |
| Filing 57 FINAL JUDGMENT. Case terminated on 2/28/14(Signed by Judge Gregg Costa) Parties notified.(arrivera, 3) |
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Filing 56
ORDER ADOPTING REPORT AND RECOMMENDATIONS re: approving #48 Report and Recommendations, #22 MOTION to Dismiss, #8 MOTION to Dismiss Limitation Proceeding (Signed by Judge Gregg Costa) Parties notified.(arrivera, 3)
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| Filing 55 RESPONSE in Opposition to #22 MOTION to Dismiss, #8 MOTION to Dismiss Limitation Proceeding, filed by RLB Contracting, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Spagnoletti, Francis) |
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Filing 54
ORDER converting Motion to Dismiss to Motion for Summary Judgment Responses or additional briefing deadline 2/18/2014.(Signed by Judge Gregg Costa) Parties notified.(ccarnew, 3)
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| Filing 53 Joint Response to Petitioner RLB Contracting, Inc's Objections to #48 Report and Recommendations, filed by Mark Butler. (Attachments: #1 Proposed Order (Daniel, Franklin) Modified on 1/16/2014 (lusmith, 3). |
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Filing 52
ORDER granting in part and denying in part as moot #50 Motion to Quash and for Protection. By agreement of the Parties, the deposition of Randy Boyd, now scheduled for January 8, 2014, pursuant to this Courts Order, is ORDERED to be taken on January 21, 2014, beginning at 10:00 a.m.; only Parties and their attorneys MAY attend.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
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| Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE CONFERENCE re: #50 Motion to Quash and for Protection held on 1/8/2014. Appearances: Franklin Baldwin Daniel, David S Toy, Francis I Spagnoletti., filed.(sanderson, 3)***Motion is gr'd in part & depo of Randy Boyd reset to 1/21/14 @ 10:00 p/agmt of Parties. Order to follow |
| Filing 51 CERTIFICATE of Conference re: #50 MOTION to Quash Deposition of Randy Boyd by RLB Contracting, Inc., filed.(Toy, David) |
| Filing 50 MOTION to Quash Deposition of Randy BoydMotions referred to John R Froeschner. by RLB Contracting, Inc., filed. Motion Docket Date 1/27/2014. (Attachments: #1 Exhibit One, #2 Proposed Order)(Toy, David) |
| Filing 49 OBJECTIONS to #48 Report and Recommendations, filed by RLB Contracting, Inc.. (Spagnoletti, Francis) |
| Filing 48 REPORT AND RECOMMENDATIONS re #22 MOTION to Dismiss Limitation Proceeding, #8 MOTION to Dismiss Limitation Proceeding be DISMISSED as time-barred; Objections to R&R due by 1/3/2014(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3) |
| Filing 47 NOTICE to Take Deposition of Second by Mark Butler, filed. (Daniel, Franklin) |
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Filing 46
ORDER granting #44 Motion to Quash and for Protection and the deposition of Randy Boyd now scheduled for December 5, 2013, is QUASHED.It is further ORDERED that the deposition of Randy Boyd SHALL be taken on January 8, 2014, beginning at 10:00 a.m..(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
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| Filing 45 RESPONSE to #44 MOTION to Quash Deposition of Randy Boyd filed by Mark Butler. (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5)(Daniel, Franklin) |
| Filing 44 MOTION to Quash Deposition of Randy BoydMotions referred to John R Froeschner. by RLB Contracting, Inc., filed. Motion Docket Date 12/26/2013. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proposed Order)(Toy, David) |
| Filing 43 Mail Returned Undeliverable as to attorney Walter P Fontenot as to Joseph Sigle re: #42 Order on Motion to Substitute Attorney,, filed. (hler, 4) |
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Filing 42
ORDER granting #41 Motion to Substitute Attorneys Francis "Frank" Spagnoletti, David S Toy and Megan A Whitlock as counsel for Petitioner RLB Contracting....**** Attorney P. Wayne Pickering terminated.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
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| Filing 41 Unopposed MOTION to Substitute Attorney Francis I. Spagnoletti, David S. Toy, Megan A. Whitlock in place of P. Wayne Pickering, R. Andrew ShultzMotions referred to John R Froeschner. by RLB Contracting, Inc., filed. Motion Docket Date 10/28/2013. (Attachments: #1 Proposed Order)(Toy, David) |
| Filing 40 NOTICE of Appearance by Francis Spagnoletti, David S. Toy and Megan A. Whitlock on behalf of RLB Contracting, Inc., filed. (Pickering, P.) |
| Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 9/11/2013. Appearances:Frank Spagnoletti. David Toy. Darwin John Seidel, Franklin Baldwin Daniel, P. Wayne Pickering., filed.(sanderson, 3)*** Status of pending motions discussed with Court. Parties to revert back to Court by end of day with update or Court will consider pending motions ripe for consideration. |
| Filing 39 NOTICE of Setting. Parties notified....*** Telephone Status Conference set for 9/11/2013 at 10:00 AM before Magistrate Judge John R Froeschner, filed. (sanderson, ) ***The Parties should call the Courts conference line at (409) 763-7881, at the designated time. |
| Filing 38 Letter from Mediator, Louis P Selig re: case has not settled but will reconvene mediation in about 30 days, filed. (sanderson, ) |
| Filing 37 Mail Returned Undeliverable as to attorney Walter P Fontenot as to Joseph Sigle re: #36 Order,, filed. (ccarnew, ) |
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Filing 36
ORDER that, with the consent of the Parties, the Court will DEFER the entry of a Docket Control Order and addressing the pending Motion to Dismiss until after mediation has been completed. It is further ORDERED that the Parties SHALL promptly advise the Court of the outcome of the mediation. Miscellaneous Review (Internal Use Only) due by 5/8/2013(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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| Filing 35 JOINT DISCOVERY/CASE MANAGEMENT PLAN by RLB Contracting, Inc., filed.(Pickering, P. Wayne) |
| Filing 34 Proof of Service by RLB Contracting, Inc., filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Pickering, P. Wayne) |
| Filing 33 Joint CERTIFICATE OF INTERESTED PARTIES by Mark Butler, filed.(Daniel, Franklin) |
| Filing 32 ANSWER to #1 Complaint,, with Jury Demand by Mark Butler, filed.(Daniel, Franklin) |
| Filing 31 Joint REPLY to Response to #22 MOTION to Dismiss, #9 MOTION for Walter P. Fontenot to Appear Pro Hac Vice, #8 MOTION to Dismiss Limitation Proceeding, filed by Mark Butler. (Daniel, Franklin) |
| Filing 30 Joint RESPONSE in Opposition to #22 MOTION to Dismiss, #8 MOTION to Dismiss Limitation Proceeding, filed by RLB Contracting, Inc.. (Attachments: #1 Affidavit Affidavit of Wayne Pickering in Support of Petitioner RLB's Joint Response to All Motions to Dismiss Limitation of Liability Action, #2 Exhibit Exhibit A to Affidavit, #3 Exhibit Exhibit B to Affidavit, #4 Exhibit Exhibit C to Affidavit, #5 Proposed Order)(Pickering, P. Wayne) |
| Filing 29 Mail Returned Undeliverable as to attorney Walter P Fontenot as to Joseph Sigle re: #16 Order, filed. (glyons) |
| Filing 28 Answer to the Claims of Mark Butler, Individually and as Heir to the Estate of Sammi Butler and Joseph Sigle, Individually and on Behalf of Blake Sigle, a minor child by RLB Contracting, Inc., filed.(Pickering, P. Wayne) |
| Filing 27 Answer to the Claims of Linda Butler, Individually and as Next Friend of Sammi Butler and as Heir to the Estate of Sammi Butler by RLB Contracting, Inc., filed.(Pickering, P. Wayne) |
| Filing 26 Amended CERTIFICATE OF INTERESTED PARTIES by RLB Contracting, Inc., filed.(Pickering, P. Wayne) |
| Filing 25 CERTIFICATE OF INTERESTED PARTIES by Linda Butler, filed.(Seidel, Darwin) |
| Filing 24 CLAIM filed by Linda Butler.(Seidel, Darwin) |
| Filing 23 ANSWER to #1 Complaint,, with Jury Demand by Linda Butler, filed.(Seidel, Darwin) |
| Filing 22 MOTION to Dismiss Motions referred to John R Froeschner. by Linda Butler, filed. Motion Docket Date 2/26/2013. (Attachments: #1 Proposed Order)(Seidel, Darwin) |
| Filing 21 Mail Returned Undeliverable as to attorney Walter P Fontenot re: #16 Order, Terminate Deadlines, filed. Address corrected and document re-noticed. (mlothmann, ) |
| Filing 20 NOTICE to Claimants of Complaint and Petition for Exoneration from or Limitation of Liability issued pursant to #17 Order of Court as to RLB Contracting, Inc. as owner of the Dredge "JONATHAN KING BOYD", filed. (sanderson, ) |
| Filing 19 MONITION issued pursuant to #17 Order of Court as to RLB Contracting, Inc., as owner of the Dredge "JONATHAN KING BOYD", filed.(sanderson, ) |
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Filing 18
ORDER that Claimant Linda Butler SHALL file her Answer or Motion to Dismiss the Complaint of RLB on or before February 5, 2013. ORDERED that response adn reply deadlines are EXTENDED re: #8 MOTION to Dismiss Limitation Proceeding ; Responses due by 2/15/2013. Replies, if any, due by 2/22/2013(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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Filing 17
ORDER Directing Claimants to File and Make Proof of Claims, Directing the Issuance of Monition and Restraining Prosecution of Claims.(Signed by Judge Gregg Costa) Parties notified.(arrivera, )
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| Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 1/24/2013. Appearances:DJ Seidel f/Claimant Linda Butler. Franklin Baldwin Daniel f/Claimant Mark Butler, P. Wayne Pickering f/Pltf., filed.(sanderson, )****Case discussed with Court. Claimant Linda Butler's Answer extended til 2/5/13. Responses and replies to M/Dism extended. Order to follow. |
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Filing 16
ORDER that Responses and Replies, if any, SHALL be filed re: #8 MOTION to Dismiss Limitation Proceeding ; Responses due by 2/8/2013. Claimants' Replies, if a ny, due by 2/15/2013. It is further ORDERED that the Initial Scheduling Conference now set for April 24, 2013, at 10:00 a.m., before the District Court, is CANCELLED....***** Deadlines terminated: Initial Scheduling Conference set for 4/24/2013 at 10:00 AM before Judge Gregg Costa is CANCELLED.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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Filing 15
ORDER granting #9 Motion to Appear Pro Hac Vice of Attorney Walter P Fontenot for claimant Joe Sible, Individually and o/b/o BS, a minor child.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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Filing 14
ORDER REFERRING CASE to Magistrate Judge John R Froeschner.(Signed by Judge Gregg Costa) Parties notified.(dwilkerson, )
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Filing 13
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/24/2013 at 10:00 AM in Sixth Floor Courtroom before Judge Gregg Costa(Signed by Judge Gregg Costa) Parties notified.(dwilkerson, )
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Filing 12
ORDER granting #7 Unopposed MOTION to Transfer Case to Galveston Division. (Signed by Judge Kenneth M. Hoyt) Parties notified.(bthomas)
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| Intradistrict Transfer to the Galveston Division, filed. (bthomas) |
| Case transferred in from Houston Division on 01/18/2013; Case Number 4:12-cv-3750. Case assigned to Judge Gregg Costa.(bthomas) |
| Filing 11 CERTIFICATE OF INTERESTED PARTIES by Mark Butler, filed.(Daniel, Franklin) |
| Filing 10 ANSWER to #1 Complaint,, with Jury Demand, CLAIMS by Mark Butler, Joseph Sigle, filed.(Daniel, Franklin) Modified on 1/22/2013 (ltien, ). |
| Filing 9 MOTION for Walter P. Fontenot to Appear Pro Hac Vice by Mark Butler, filed. Motion Docket Date 2/8/2013. (Daniel, Franklin) |
| Filing 8 MOTION to Dismiss Limitation Proceeding by Mark Butler, filed. Motion Docket Date 2/8/2013. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Proposed Order Proposed Order on Mtn. to Dismiss)(Daniel, Franklin) |
| Filing 7 Unopposed MOTION to Transfer Case to Galveston Division by RLB Contracting, Inc., filed. Motion Docket Date 2/7/2013. (Attachments: #1 Proposed Order)(Pickering, P. Wayne) |
| Filing 6 CERTIFICATE OF INTERESTED PARTIES by In the matter of the Complaint and Petition of RLB Contracting, Inc. as Owner of the Dredge "Jonathan King Boyd" and its Engine, Tackle, and Gear for Exoneration or Limitation of Liability, filed.(Pickering, P. Wayne) |
| Filing 5 PROPOSED Order Directing Claimants to File and Make Proof of Claims, Directing the Issuance of Monition, and Restraining Prosecution of Claims by In the matter of the Complaint and Petition of RLB Contracting, Inc. as Owner of the Dredge "Jonathan King Boyd" and its Engine, Tackle, and Gear for Exoneration or Limitation of Liability, filed.(Pickering, P. Wayne) Modified on 1/24/2013 (sanderson, ). |
| Filing 4 PROPOSED NOTICE to Claimants of Complaint and Petition for Exoneration from or Limitation of Liability by In the matter of the Complaint and Petition of RLB Contracting, Inc. as Owner of the Dredge "Jonathan King Boyd" and its Engine, Tackle, and Gear for Exoneration or Limitation of Liability, filed. (Pickering, P. Wayne) Modified on 1/25/2013 (sanderson, ). |
| Filing 3 PROPOSED Monition by In the matter of the Complaint and Petition of RLB Contracting, Inc. as Owner of the Dredge "Jonathan King Boyd" and its Engine, Tackle, and Gear for Exoneration or Limitation of Liability, filed.(Pickering, P. Wayne) Modified on 1/25/2013 (sanderson, ). |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 4/1/2013 at 08:30 AM by telephone before Judge Kenneth M. Hoyt(Signed by Judge Kenneth M. Hoyt) Parties notified. (wbostic)
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| Filing 1 COMPLAINT against In the matter of the Complaint and Petition of RLB Contracting, Inc. as Owner of the Dredge "Jonathan King Boyd" and its Engine, Tackle, and Gear for Exoneration or Limitation of Liability (Filing fee $ 350 receipt number 0541-10785788) filed by In the matter of the Complaint and Petition of RLB Contracting, Inc. as Owner of the Dredge "Jonathan King Boyd" and its Engine, Tackle, and Gear for Exoneration or Limitation of Liability. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Pickering, P. Wayne) |
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