Berard v. Swire Pacific Offshore et al
| Corey Berard |
| Swire Pacific Offshore, Exxon Mobil Corporation, Transocean Ltd, Transocean Offshore (U.S.A) Inc., Transocean Offshore Deepwater Drilling USA, Inc., GSF Leasing Services, GmbH, Mobil Equatorial Guinea, Inc., Transocean Inc, Triton Nautilus Asset Leasing GmbH and Sedco Forex International, Inc. |
| American Longshore Mutual Association, Ltd. (ALMA) |
| 4:2023cv04780 |
| December 21, 2023 |
| US District Court for the Southern District of Texas |
| Charles Eskridge |
| Marine |
| 28 U.S.C. § 1333 Admiralty |
| Both |
Docket Report
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This docket was last retrieved on February 16, 2024. A more recent docket listing may be available from PACER.
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| Filing 104 CERTIFICATE OF INTERESTED PARTIES by Mobil Equatorial Guinea, Inc., filed.(Baughman, Jonathan) |
| Filing 103 Unopposed MOTION for Chehardy, Sherman, Williams, Recile & Hayes to Withdraw as Attorney by Mobil Equatorial Guinea, Inc., filed. Motion Docket Date 3/8/2024. (Attachments: #1 Proposed Order Order Granting Unopposed Motion to Withdraw and Substitute Counsel)(Baughman, Jonathan) |
| Filing 102 CERTIFICATE OF INTERESTED PARTIES by Corey Berard, filed.(Post, Kristi) |
| Filing 101 MOTION to Appear Pro Hac Vice for Frank J. Torres (Fee Paid: $100, receipt number ATXSDC-31127440) by American Longshore Mutual Association, Ltd. (ALMA), filed. Motion Docket Date 2/20/2024. (Attachments: #1 Proposed Order, #2 Exhibit A - Certificates of Good Standing, #3 Exhibit B - Affidavit of Frank J. Torres)(Soule, Scott) |
Filing 100
SCHEDULING and DOCKET CONTROL ORDER. Amended Pleadings due by 07/02/2024. Joinder of Parties due by 05/31/2024. Plaintiff Expert Report due by 01/03/2025. Deft Expert Report due by 02/04/2025. Discovery due by 03/21/2025. Mediation due by 06/06/2025. Dispositive Motion Filing due by 04/22/2025. Non-Dispositive Motion Filing due by 04/22/2025. Joint Pretrial Order due by 07/08/2025. Docket Call set for 08/19/2025 at 1:30 PM before Judge Charles Eskridge. (Signed by Judge Charles Eskridge) Parties notified. (jennellegonzalez) Modified on 1/30/2024 (AmyCooper, 4). Modified on 1/30/2024 (AmyCooper, 4). (Entered: 01/30/2024)
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Filing 99
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/1/2024 at 02:30 PM in Courtroom 9F before Judge Charles Eskridge(Signed by Judge Charles Eskridge) (Attachments: #1 Attachments) Parties notified.(JennelleGonzalez, 4)
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| Filing 98 Case electronically transferred in from Louisiana Middle. Case Number 3:22-cv-00169. (LisaTien, 4) |
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Filing 97
GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019. (LLH)
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Filing 96
RULING AND ORDER Transferring Case to the Southern District of Texas, as written. Signed by Judge Brian A. Jackson on 12/19/2023. (LLH)
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| Filing 95 MOTION for Status Conference by Mobil Equatorial Guinea, Inc. (Attachments: #1 Proposed Pleading; Order)(Buras, Daniel) |
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Filing 93
ORDER granting #82 Motion for Leave to File Documents Under Seal. Signed by Judge Brian A. Jackson on 11/22/2023. (LLH)
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Filing 92
Protective Order : Motion For Protective Order #84 be and is hereby GRANTED, subject to the modifications set forth herein. Signed by Judge Brian A. Jackson on 11/22/2023. (ELW)
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Filing 91
ORDER granting #90 Motion to Enroll Additional Attorney. Added attorney Tiffany L. Delery-Davis for Exxon Mobil Corporation. Signed by Magistrate Judge Erin Wilder-Doomes on 11/20/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #90 Ex Parte MOTION to Enroll Tiffany Delery Davis as Additional Attorney . This motion is now pending before the USMJ. (ELW) |
| Filing 90 Ex Parte MOTION to Enroll Tiffany Delery Davis as Additional Attorney by Exxon Mobil Corporation (Attachments: #1 Proposed Pleading; Order)(Buras, Daniel) |
| Motions No Longer Referred: #84 MOTION for Protective Order . This motion is now pending before the USDJ. (BLR) |
| MOTION(S) REFERRED: #84 MOTION for Protective Order . This motion is now pending before the USMJ. (ELW) |
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Filing 89
ORDER : The #85 Motion for Extension of Time to File Response is hereby TERMINATED AS MOOT. Signed by Judge Brian A. Jackson on 08/29/2023. (ELW)
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Filing 88
ORDER granting #87 Ex Parte MOTION to Substitute. The clerk is direct to replace R. Doc. 86-1 with 87-1. Signed by Magistrate Judge Erin Wilder-Doomes on 8/29/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 87 Ex Parte MOTION to Substitute Doc. 86-1 by Mobil Equatorial Guinea, Inc. (Attachments: #1 Attachment Exhibit A - Company Profile of Delmar Systems, #2 Proposed Pleading; Order)(Buras, Daniel) Modified on 9/1/2023 to add linkage to document 86. (JEG). |
| MOTION(S) REFERRED: #87 Ex Parte MOTION to Substitute Doc. 86-1 . This motion is now pending before the USMJ. (BLR) |
| Filing 86 REPLY in Support of #73 Ex Parte MOTION to Dismiss Plaintiff's Third Amended Complaint filed by Mobil Equatorial Guinea, Inc.. (Attachments: #1 Exhibit Change Order No. 01)(Buras, Daniel) Modified on 8/29/2023 to replace document per Order #88 . (LLH). |
| Filing 85 Ex Parte MOTION for Extension of Time to File Response to #84 MOTION for Protective Order by Mobil Equatorial Guinea, Inc. (Attachments: #1 Proposed Pleading; Proposed Order for Extension of Time)(Buras, Daniel) |
| Filing 84 MOTION for Protective Order by Mobil Equatorial Guinea, Inc. (Attachments: #1 Attachment Memorandum in Support, #2 Attachment Rule to Show Cause, #3 Proposed Pleading; Proposed Protective Order, #4 Exhibit Exhibit A to Proposed Order)(Buras, Daniel) |
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Filing 83
ORDER: MEGI's motion for a protective order, if any, shall be filed on or before August 25, 2023. MEGI's failure to timely file its motion will result in Plaintiff's opposition to MEGI's motion to dismiss being filed conventionally, in the public record. Signed by Judge Brian A. Jackson on 8/23/2023. (EDC)
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| Filing 94 SEALED MEMORANDUM in Opposition to #73 Ex Parte MOTION to Dismiss Plaintiff's Third Amended Complaint filed by Corey Berard. (Attachments: #1 Exhibit Change Order No. 1)(LLH) |
| Filing 82 MOTION for Leave to File Memorandum in Opposition to Motion to Dismiss and Exhibit A Under Seal by Corey Berard (Attachments: #1 Proposed Pleading; Order, #2 Proposed Pleading; Memorandum in Opposition, #3 Proposed Pleading; Exh. A)(Post, Kristi) Modified on 11/22/2023 to edit text (LLH). |
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Filing 81
RULING AND ORDER denying #80 SEALED Motion for Leave to File Memorandum in Opposition to Motion to Dismiss and Exhibit A Under Seal. Signed by Judge Brian A. Jackson on 08/15/2023. (NLT)
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| Filing 80 SEALED MOTION for Leave to File Memorandum in Opposition to Motion to Dismiss and Exhibit A Under Seal by Corey Berard (Attachments: #1 Proposed Pleading; Order, #2 Proposed Pleading; Memo in Opposition, #3 Exhibit Exhibit A)(Post, Kristi) |
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Filing 79
ORDER : The #78 Ex Parte MOTION to Substitute Doc. 73 for Page Size is GRANTED. MEGIs proposed corrected pleading, Doc. 78-1, shall be SUBSTITUTED for nonconforming Doc. 73. Signed by Judge Brian A. Jackson on 08/14/2023. (ELW)
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| Filing 78 Ex Parte MOTION to Substitute Doc. 73 for Page Size by Mobil Equatorial Guinea, Inc. (Attachments: #1 Attachment Doc 73 Motion to Dismiss corrected to 8.5x11, #2 Proposed Pleading; Proposed Order Granting Motion to Substitute)(Buras, Daniel) |
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Filing 77
ORDER : The #76 Ex Parte MOTION to Strike an Incorrectly Filed Document Rec. No. 75 is GRANTED. Signed by Judge Brian A. Jackson on 8/8/2023. (ELW)
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| Filing 76 Ex Parte MOTION to Strike an Incorrectly Filed Document Rec. No. 75 by Mobil Equatorial Guinea, Inc. (Attachments: #1 Proposed Pleading; Proposed Order Motion to Strike Doc 75)(Buras, Daniel) |
| Motions No Longer Referred: 75 Ex Parte MOTION to Substitute Rec. Doc 73 for page size. This motion is now pending before the USDJ. (ELW) |
| MOTION(S) REFERRED: 75 Ex Parte MOTION to Substitute Rec. Doc 73 for page size. This motion is now pending before the USMJ. (ELW) |
| Motions No Longer Referred: #73 Ex Parte MOTION to Dismiss Plaintiff's Third Amended Complaint. This motion is now pending before the USDJ. (BLR) |
| Filing 75 STRICKEN FROM THE RECORD Ex Parte MOTION to Substitute Rec. Doc 73 for page size Modified on 8/8/2023 STRICKEN in accordance with record document 77 (ELW). Modified on 8/14/2023 to remove documents (ELW). |
| Filing 74 Certificate of Interested Persons by Mobil Equatorial Guinea, Inc. identifying Affiliate/Interested Person Mobil Equatorial Guinea, Inc. for Mobil Equatorial Guinea, Inc... (Buras, Daniel) |
| Filing 73 Ex Parte MOTION to Dismiss Plaintiff's Third Amended Complaint by Mobil Equatorial Guinea, Inc. (Attachments: #1 Attachment Memo in Support of MEGI's Rule 12 MTD 3rd Complaint, #2 Exhibit 1 MEGI's Responses to P's Jurisdictional Discovery, #3 Exhibit 2 Declaration submitted by MEGI, #4 Proposed Pleading; Proposed Order)(Buras, Daniel) (Main Document 73 replaced on 8/14/2023) (ELW). Modified on 8/14/2023 to replace with proper document (ELW). |
| MOTION(S) REFERRED: #73 Ex Parte MOTION to Dismiss Plaintiff's Third Amended Complaint. This motion is now pending before the USMJ. (ELW) |
| Filing 72 THIRD AMENDED COMPLAINT against Mobil Equatorial Guinea, Inc., Sedco Forex International, Inc., Transocean, Inc., Triton Nautilus Asset Leasing GmbH, filed by Corey Berard.(LLH) |
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Filing 71
ORDER: The #70 Unopposed Motion for Leave to File Third Amended Complaint, filed by Plaintiff Corey Berard pursuant to the Court's #65 Ruling and Order, is GRANTED. The Clerk of Court is instructed to docket Plaintiff's [70-2] Third Amended Complaint, which will become Plaintiff's operative complaint in this case. Signed by Magistrate Judge Erin Wilder-Doomes on 7/10/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #70 MOTION for Leave to File Third Amended Complaint . This motion is now pending before the USMJ. (ELW) |
| Filing 70 MOTION for Leave to File Third Amended Complaint by Corey Berard (Attachments: #1 Order, #2 Proposed Pleading; Third Amended Complaint)(Post, Kristi) |
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Filing 69
SCHEDULING ORDER: In accordance with FRCP 16(b), the following discovery deadlines are established. Discovery due by 9/15/2023. Plaintiff`s Expert Witness List due by 8/1/2023. Defendant`s Expert Witness List due by 9/1/2023. Plaintiff`s Expert Reports due by 9/15/2023. Defendant`s Expert Reports due by 9/30/2023. Discovery from Experts due by 10/30/2023. Motions shall be filed by 11/15/2023. Proposed Pretrial Order due by 3/26/2024. Pretrial Conference set for 3/21/2024 at 03:00 PM in chambers before Judge Brian A. Jackson. Motions In Limine shall be filed by 4/3/2024. A Request for a Settlement Conference shall be made by 12/15/2023. Affidavit of Settlement Efforts due by 4/17/2024. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 5/8/2024. Jury Trial set for 5/20/2024 through 5/24/2024 at 08:30 AM in Courtroom 2 before Judge Brian A. Jackson. Signed by Magistrate Judge Erin Wilder-Doomes on 05/16/2023. (ELW)
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| Filing 68 PARTIAL JUDGMENT : Swire Pacific Offshore Operations (Pte) Ltd.s Motion To Dismiss (Doc. 49) be and is hereby GRANTED, and that Plaintiffs claims against Swire Pacific Offshore Operations (Pte) Ltd. be and are hereby DISMISSED WITHOUT PREJUDICE for lack of personal jurisdiction. Signed by Judge Brian A. Jackson on 05/04/2023. (ELW) |
| Filing 67 PARTIAL JUDGMENT : Exxon Mobile Corporations Rule 12 Motion To Dismiss (Doc. 33) be and is hereby GRANTED, and that Plaintiffs claims against Exxon Mobile Corporation be and are hereby DISMISSED WITH PREJUDICE. Signed by Judge Brian A. Jackson on 05/04/2023. (ELW) |
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Filing 66
RULING and ORDER : The #33 Motion to Dismiss is GRANTED. Plaintiffs claims against Exxon be and are hereby DISMISSED WITH PREJUDICE.Separately, the Court shall issue a partial judgment dismissing Exxon fromthis action. Signed by Judge Brian A. Jackson on 05/03/2023. (ELW)
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Filing 65
RULING and ORDER : The Rule 12 Motion To Dismiss #48 be and is hereby GRANTED IN PART, and that Plaintiffs claims under the LHWCA and the law and statutes of the State of Louisiana be and are hereby DISMISSED WITH PREJUDICE as untimely. In all other respects, MEGs Motion is DENIED, without prejudice to Megs right to reassert its arguments regarding personal jurisdiction upon conclusion of the limited jurisdictional discovery set forth below. Swires Motion To Dismiss #49 be and is hereby GRANTED. Plaintiffs claims against Swire will be dismissed without prejudice for lack of personal jurisdiction. The #55 Motion for Discovery be and is hereby GRANTED IN PART. Plaintiff shall be permitted to propound limited jurisdictional discovery on MEG, as set forth below. In all other respects, Plaintiffs Motion is DENIED. Within 14 days of the date of this Order,Plaintiff shall propound discovery on MEG aimed to establish MEGs contacts withthe State of Louisiana, consistent with the limits set forth herein. Defendants shall respond to Plaintiffs jurisdictional discovery within 30 days of receipt. Plaintiff shall file an amended complaint,if any, within 21 days of receipt of MEGs response(s) to Plaintiffs jurisdictional discovery requests. Separately, the Court shall issue a partial judgment dismissing Swire from this action. Signed by Judge Brian A. Jackson on 5/3/2023. (ELW) Modified on 5/4/2023to edit text (ELW)
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| Filing 64 Minute Entry for proceedings held before Magistrate Judge Erin Wilder-Doomes: Telephone Conference held on 1/9/2023. The telephone conference was scheduled to discuss issues raised in the parties' Status Report-chiefly, the "issues surrounding the correct identities of the defendant parties." This issue was discussed, and counsel for the parties confirmed that certain defendants have filed Motions to Dismiss which are pending before the District Judge. The parties also discussed participation in discovery during the pendency of the Motions to Dismiss, and Plaintiff's counsel indicated that Plaintiff is amendable to a stipulation that participation in discovery prior to the resolution of the Motions to Dismiss will not be construed as a waiver of any arguments raised in those motions, including any argument related to personal jurisdiction and/or venue. Lastly, the undersigned advised that a Scheduling Order, based on the submission of the parties, will be entered. (BLR) Modified to edit text on 2/28/2023 (BLR). |
| Filing 63 NOTICE of TELEPHONE CONFERENCE: The Scheduling Conference set for 1/5/2023 is CONVERTED to a Telephone Conference and is rescheduled to 1/9/2023 at 01:00 PM before Magistrate Judge Erin Wilder-Doomes. Counsel participating in the Conference shall call 877-336-1839 using access code 9565780 five minutes prior to conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) |
| Filing 62 STATUS REPORT by Corey Berard. (Post, Kristi) |
| *** Add Interested Person by Sedco Forex International, Inc., Transocean, Inc., Triton Nautilus Asset Leasing GmbH identifying Affiliate/Interested Person Transocean Inc. for Transocean, Inc.; Affiliate/Interested Person Sedco Forex International, Inc. for Sedco Forex International, Inc. ; Affiliate/Interested Person Triton Nautilus Asset Leasing GmbH for Triton Nautilus Asset Leasing GmbH. (Breaud, Alan) |
| Filing 61 Certificate of Interested Persons by Sedco Forex International, Inc., Transocean, Inc., Triton Nautilus Asset Leasing GmbH (Breaud, Alan) Modified on 12/16/2022 to flatten and replace document (LLH). |
| Filing 60 NOTICE OF DEFICIENCY with LR 7.1 as to #59 Answer to Amended Complaint. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. OR Failure to add interested persons to CM/ECF upon filing of Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall add all interested persons listed on the certificate using the event Add Interested Person located under Notices in the CM/ECF system. (LLH) |
| Filing 59 ANSWER to #32 Second Amended Complaint by Sedco Forex International, Inc., Transocean, Inc., Triton Nautilus Asset Leasing GmbH.(Breaud, Alan) Modified on 12/14/2022 to edit text (LLH). |
| Filing 58 MEMORANDUM in Opposition to #55 MOTION for Discovery (Limited Jurisdictional) filed by Swire Pacific Offshore. (Walsh, Tarryn) |
| Filing 57 Reply MEMORANDUM in Support of #49 MOTION to Dismiss filed by Swire Pacific Offshore. (Walsh, Tarryn) Modified on 11/29/2022 to edit the text (NLT). |
| Motions No Longer Referred: #55 MOTION for Discovery (Limited Jurisdictional). This motion is now pending before the USDJ. (BLR) |
| MOTION(S) REFERRED: #55 MOTION for Discovery (Limited Jurisdictional). This motion is now pending before the USMJ. (NLT) |
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Filing 56
ORDER granting #53 Motion to Strike Incorrectly Filed Document Doc. 51. Signed by Judge Brian A. Jackson on 11/4/2022. (ELW)
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| Filing 55 MOTION for Discovery (Limited Jurisdictional) by Corey Berard (Attachments: #1 Proposed Pleading; Memorandum in Support, #2 Proposed Pleading; Order)(Post, Kristi) |
| Filing 54 MEMORANDUM in Opposition to #48 MOTION to Dismiss filed by Corey Berard. (Attachments: #1 Exhibit Contract)(Post, Kristi) |
| Filing 53 MOTION to Strike an Incorrectly Filed Document Doc. 51 by Corey Berard (Attachments: #1 Proposed Pleading; Proposed Order)(Post, Kristi) |
| Filing 52 MEMORANDUM in Opposition to #49 MOTION to Dismiss filed by Corey Berard. (Attachments: #1 Exhibit Photo of Vessel)(Post, Kristi) |
| Filing 51 STRICKEN FROM THE RECORD MEMORANDUM in Opposition to #48 MOTION to Dismiss filed by Corey Berard. (Attachments: # 1 Exhibit Drilling Contract Excerpts)(Post, Kristi) Modified on 11/4/2022 STRICKEN as ordered (ELW). |
| Filing 50 Entered in Error by Case Administrator. There is no document (ELW) Modified on 10/18/2022 to edit text (ELW). |
| Filing 49 MOTION to Dismiss by Swire Pacific Offshore (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit "A" Declaration of James Fortnum)(Walsh, Tarryn) |
| Filing 48 MOTION to Dismiss by Mobil Equatorial Guinea, Inc. (Attachments: #1 Memorandum in Support Memo In Support, #2 Exhibit Ex. A - MEGI Declaration, #3 Proposed Order proposed Order)(Buras, Daniel) |
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Filing 47
ORDER : The #13 Motion to Dismiss is TERMINATED AS MOOT, without prejudice to Swire Operations' right to resubmit its motion addressed to the superseding allegations set forth in Plaintiff's SAC. The #18 Rule 12 Motion To Dismiss likewise is hereby TERMINATED AS MOOT. The Court will consider Exxon' s arguments as set forth in Exxon' s superseding R #33 Rule 12 Motion to Dismiss. Signed by Judge Brian A. Jackson on 10/3/2022. (LLH)
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| Filing 46 MEMORANDUM in Opposition to #33 MOTION to Dismiss filed by Corey Berard. (Post, Kristi) |
| Filing 45 SUMMONS Returned Executed by Corey Berard. Mobil Equatorial Guinea, Inc. served on 9/22/2022, answer due 10/13/2022. (Post, Kristi) |
| Filing 44 COMPLAINT of Intervention against, filed by American Longshore Mutual Association, Ltd. (ALMA).(NLT) |
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Filing 43
NOTICE AND ORDER: IT IS ORDERED that the #37 Motion for Leave to File Complaint in Intervention, filed by American Longshore Mutual Association, Ltd. (ALMA), is GRANTED. ALMA alleges that it seeks to intervene in this action to recover amounts it has paid or will pay to Plaintiff Corey Berard under the Louisiana Workers Compensation Act. As such, ALMA is an intervenor of right under Fed. R. Civ. Proc. 24(a). Further, the intervention of ALMA does not destroy this Courts subject matter jurisdiction, which is based in admiralty under 28 U.S.C. 1333. The Clerk of Court is instructed to docket the [37-3] Complaint in Intervention. Signed by Magistrate Judge Erin Wilder-Doomes on 9/20/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 42 Summons Issued as to Mobil Equatorial Guinea, Inc.. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (ELW) |
| Filing 41 Summons Submitted as to Mobil Equatorial Guinea Inc. (Post, Kristi) |
| Filing 40 WAIVER OF SERVICE Returned Executed by Corey Berard. Triton Nautilus Asset Leasing GmbH waiver sent on 9/12/2022, answer due 11/14/2022. (Post, Kristi) |
| Filing 39 Exhibit(s) to #33 MOTION to Dismiss by Exxon Mobil Corporation. (Attachments: #1 Exhibit Ex. A - Declaration of Exxon Representative)(Buras, Daniel) |
| MOTION(S) REFERRED: #37 MOTION for Leave to File Complaint for Intervention . This motion is now pending before the USMJ. (EDC) |
| Filing 38 Notice of Deficiency with Administrative Procedure III(A)(1) as to #33 Motion to Dismiss. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. (ELW) |
| Filing 37 MOTION for Leave to File Complaint for Intervention by American Longshore Mutual Association, Ltd. (ALMA) (Torres, Frank) (Main Document 37 replaced on 9/14/2022) (EDC). (Additional attachment(s) added on 9/14/2022: #1 Memorandum in Support, #2 Order, #3 Proposed Pleading;) (EDC). Modified on 9/14/2022 to separate documents. (EDC). |
| Filing 36 Notice to Counsel: Scheduling Conference set for 1/5/2023 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 12/22/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
| Filing 35 WAIVER OF SERVICE Returned Executed by Corey Berard. Transocean, Inc. waiver sent on 9/12/2022, answer due 11/14/2022. (Post, Kristi) |
| Filing 34 WAIVER OF SERVICE Returned Executed by Corey Berard. Sedco Forex International, Inc. waiver sent on 9/12/2022, answer due 11/14/2022. (Post, Kristi) |
| Filing 33 MOTION to Dismiss by Exxon Mobil Corporation (Attachments: #1 Memorandum in Support, #2 Exhibit Ex. A, #3 Proposed Order)(Buras, Daniel) |
| Filing 32 SECOND AMENDED COMPLAINT against Exxon Mobil Corporation, Mobil Equatorial Guinea, Inc., Swire Pacific Offshore, Transocean, Inc., Triton Nautilus Asset Leasing GmbH, Sedco Forex International, Inc., filed by Corey Berard.(LLH) |
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Filing 31
ORDER granting #30 Unopposed MOTION for Leave to File Second Amended Complaint filed by Corey Berard. The clerk is directed to file R. Doc. 30-2 as plaintiff's operative complaint. Signed by Magistrate Judge Erin Wilder-Doomes on 8/18/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #30 Unopposed MOTION for Leave to File Second Amended Complaint . This motion is now pending before the USMJ. (BLR) |
| Filing 30 Unopposed MOTION for Leave to File Second Amended Complaint by Corey Berard (Attachments: #1 Proposed Order, #2 Proposed Pleading;)(Post, Kristi) |
| Filing 29 R. Doc. 29 no longer exists. Docketed in error by courtroom deputy. (BLR) Modified to edit text on 7/22/2022 (BLR). |
| Filing 28 Minute Entry/Show Cause Hearing Report and Order for proceedings held before Magistrate Judge Erin Wilder-Doomes. Show Cause Hearing held on 7/19/2022. Plaintiff proposes to amend to name the correct entities but seeks to obtain confirmation from counsel for the Transocean Defendants and GSF Leasing Services, GmbH, that service will be waived. Plaintiff was given until August 17, 2022 to file an appropriate motion. Plaintiff Corey Berard shall file any motion for leave to amend his complaint to name the correct owner, operator and vessel by no later than August 17, 2022. Brief due by 8/17/2022. (ELW) |
| Filing 27 RESPONSE to #25 Order to Show Cause,, filed by Corey Berard. (Post, Kristi) |
| Filing 26 Notice to Counsel: The Scheduling Conference is set for 7/14/2022 is CANCELED in light of the pending motions, each of which raises a threshold issue of personal jurisdiction. Case will be reevaluated in 120 days. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
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Filing 25
ORDER TO SHOW CAUSE: Through counsel plaintiff Corey Berard shall show cause as to why claims against the Transocean Defendants and Defendant GSF Leasing Services, GmbH should not be dismissed under Local Civil Rules 41(b)(1)(B) as those parties have not filed responsive pleadings and no default has been taken. Show Cause Hearing before the Magistrate Judge set for 7/19/2022 at 02:30 PM by video before Magistrate Judge Erin Wilder-Doomes. Participant instructions attached. Show Cause Response due by 7/15/2022. Signed by Magistrate Judge Erin Wilder-Doomes on 7/11/2022. (BLR) Modified to edit text on 7/11/2022 (BLR).
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| Filing 24 STATUS REPORT by All Plaintiffs. (Post, Kristi) |
| Filing 23 REPLY in Support of #13 MOTION to Dismiss filed by Swire Pacific Offshore. (Walsh, Tarryn) |
| Filing 22 MEMORANDUM in Opposition to #18 Rule 12 MOTION to Dismiss, #13 MOTION to Dismiss filed by Corey Berard. (Post, Kristi) |
| Filing 21 SUMMONS Returned Executed by Corey Berard. Swire Pacific Offshore served on 3/18/2022, answer due 4/8/2022. (Attachments: #1 Attachment Service letter, #2 Attachment FedEx receipt, #3 Attachment Detailed tracking)(Post, Kristi) |
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Filing 20
ORDER granting #19 Motion for Extension of Time to File opposition to Swire Pacific Offshore Operations (Pte.) Ltd.s. Motion to Dismiss (Doc. 13) be and is hereby EXTENDED. Brief due by 6/9/2022. Signed by Judge Brian A. Jackson on 06/06/2022. (ELW)
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| Filing 19 MOTION to Enlarge of Time to File Opposition to #13 Motion to Dismiss by Corey Berard. (Attachments: #1 Proposed Pleading; Order, #2 Attachment Rule 7(e) Certificate of No Opposition)(Post, Kristi) Modified on 5/26/2022 to edit text and create linkage (ELW). |
| Filing 18 Rule 12 MOTION to Dismiss by Exxon Mobil Corporation. (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit A, #3 Attachment proposed order)(Buras, Daniel) Modified on 5/24/2022 to edit the event type (NLT). |
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Filing 17
ORDER granting #14 Ex Parte Unopposed Second Motion for Extension of Time to Plead for good cause shown. Exxon Mobil Corporation responsive pleadings due 5/19/2022. Signed by Magistrate Judge Erin Wilder-Doomes on 5/9/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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Filing 16
ORDER granting #15 Ex Parte MOTION to Substitute. The clerk is directed to replace R. Doc. 14 with R. Doc. 15-2. Signed by Magistrate Judge Erin Wilder-Doomes on 4/9/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #14 Second MOTION for Extension of Time to File Answer , #15 Ex Parte MOTION to Substitute Pleading R. Doc. 14 . This motion is now pending before the USMJ. (ELW) |
| Filing 15 Ex Parte MOTION to Substitute Pleading R. Doc. 14 by Exxon Mobil Corporation. (Attachments: #1 Attachment proposed order, #2 Proposed Pleading;)(Buras, Daniel) |
| Filing 14 Second MOTION for Extension of Time to File Answer by Exxon Mobil Corporation. (Attachments: #1 Attachment proposed order)(Buras, Daniel) Modified on 5/9/2022 to replace document as per Order #16 (LLH). |
| Filing 13 MOTION to Dismiss by Swire Pacific Offshore. (Attachments: #1 Memorandum in Support, #2 Exhibit "A" Declaration of James Fortnum)(Tompkins, Peter) |
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Filing 12
ORDER granting #11 Ex Parte Motion for Extension of Time Plead for good cause shown. Exxon Mobil Corporation responsive pleadings due 5/9/2022. Signed by Magistrate Judge Erin Wilder-Doomes on 4/8/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #11 Ex Parte MOTION for Extension of Time to File Answer . This motion is now pending before the USMJ. (BLR) |
| Filing 11 Ex Parte MOTION for Extension of Time to File Answer by Exxon Mobil Corporation. (Attachments: #1 Attachment)(Buras, Daniel) |
| Filing 10 Notice to Counsel: In light of the #9 Waiver of Service filed, the Scheduling Conference is reset for 7/14/2022 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report is now due by 6/30/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Corey Berard. GSF Leasing Services, GmbH waiver sent on 3/29/2022, answer due 5/31/2022. (Post, Kristi) |
| Filing 8 AMENDED COMPLAINT against All Defendants, filed by Corey Berard.(Post, Kristi) |
| Filing 7 SUMMONS Returned Executed by Corey Berard. Transocean LTD served on 3/18/2022, answer due 4/8/2022. (Post, Kristi) |
| Filing 6 SUMMONS Returned Executed by Corey Berard. Transocean Offshore USA, Inc served on 3/18/2022, answer due 4/8/2022. (Post, Kristi) |
| Filing 5 SUMMONS Returned Executed by Corey Berard. Transocean Offshore Deepwater Drilling USA, Inc. served on 3/18/2022, answer due 4/8/2022. (Post, Kristi) |
| Filing 4 SUMMONS Returned Executed by Corey Berard. Exxon Mobil Corporation served on 3/18/2022, answer due 4/8/2022. (Post, Kristi) |
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Filing 3
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 5/26/2022 at 02:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 5/12/2022. Signed by Magistrate Judge Erin Wilder-Doomes on 3/15/2022. (BLR)
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| Filing 2 Summons Issued as to All Defendants. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (ELW) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ALAMDC-2404385.), filed by Corey Berard. (Attachments: #1 Attachment Civil Cover Sheet, #2 Attachment Summons - Swire, #3 Attachment Summons - Exxon, #4 Attachment Summons - Transocean Ltd., #5 Attachment Summons - Transocean Offshore Deepwater, #6 Attachment Summons - Transocean Offshore)(Post, Kristi) |
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