Sampson Jr et al v. United Services Automobile Association

6:19-cv-00896 | Louisiana Western District Court

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Division Lafayette
Judge Judge James D Cain, Jr
Filed July 12, 2019
Terminated May 24, 2024
Case Flags CLOSED
Magistrate Magistrate Judge Carol B Whitehurst
Nature of Suit 380 Property Damage - Other
Cause 28:1332 Diversity-Property Damage
Jury Demand Both
Last Updated: 1 day, 9 hours ago Show Interactive Timeline
Filing Date # Docket Text
5/22/2024
  • Motion to Dismiss (Demurrer)
Joint STIPULATION of Dismissal by Lovely M Feagins, Connie Nichols, Arthur Sampson, Jr, U S A A Casualty Insurance Co, U S A A General Indemnity Co, United Services Automobile Association . (aty,St Pe, Kenneth) Modified filers on 5/22/2024 (Chavis, J). (Entered: 05/22/2024)
5/22/2024ELECTRONICALLY FILED IN ERROR - COUNSEL REQUESTED TO RE-FILE -Joint STIPULATION of Dismissal by Arthur Sampson, Jr, Lovely M Feagins, U S A A General Indemnity Co, United Services Automobile Association . (aty,St Pe, Kenneth) Modified filers on 5/22/2024 (Chavis, J). Modified to reflect filed in error on 5/22/2024 (Chavis, J). (Entered: 05/22/2024)
3/7/2024MINUTES AND ORDER for proceedings held before Magistrate Judge Carol B Whitehurst: Telephone Status Conference held on 3/7/2024. IT IS ORDERED that a jury trial is set for February 10, 2025, in Lafayette. A pretrial conference is set for January 29, 2025, at 2:00 p.m. in chambers with Judge Cain. A scheduling order will be issued. (crt,Jordan, P) (Entered: 03/07/2024)
3/7/2024Addendum to Scheduling Order for Jury Trial Jury Trial set for 2/10/2025 09:00 AM in Lake Charles, Courtroom 4 before Judge James D Cain Jr. Pretrial Conference set for 1/29/2025 02:30 PM in chambers before Judge James D Cain Jr. Plaintiffs Expert Info/Reports due by 10/15/2024. Defendants Expert Info/Reports due by 10/28/2024. Amended Pleadings due by 10/15/2024. Dispositive Motions due by 11/12/2024. Daubert Motions due by 12/12/2024. Motions in Limine due by 12/12/2024. Compel discovery 12/12/2024. Deadline for filing motion for protective order is 1/13/2025. Pretrial statements due by 1/13/2025. Jury Charges/Verdict Form due by 1/27/2025. Electronic Exhibits due by 2/3/2025. Real Time glossary due by 2/3/2025. Signed by Magistrate Judge Carol B Whitehurst on 3/7/2024. (crt,Jordan, P) (Entered: 03/07/2024)
2/27/2024
  • OrderGranted
ORDER granting 134 Motion for Hearing.... Telephone Status Conference set for 3/7/2024 02:30 PM by phone before Magistrate Judge Carol B Whitehurst. Counsel for the parties shall call in to the conference by dialing (877) 336-1839 and entering Access Code 2869540.. Signed by Magistrate Judge Carol B Whitehurst on 2/27/2024. (crt,Jordan, P) (Entered: 02/27/2024)
2/26/2024
  • Motion
MOTION for Hearing re 133 Motion Hearing, Status Conference by Lovely M Feagins, Arthut Sampson Jr. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 2/26/2024. (Attachments: # 1 Proposed order)(aty,Murray, Stephen) Modified filers on 2/26/2024 (Chavis, J). (Entered: 02/26/2024)
12/12/2023MINUTES AND ORDER for proceedings held before Magistrate Judge Carol B Whitehurst: A video status conference held on 12/12/2023. IT IS ORDERED that Plaintiffs shall file their renewed motion for class certification by February 26, 2024. Defendants shall file oppositions within sixty (60) days of service of Plaintiffs' motion. (crt,Jordan, P) (Entered: 12/12/2023)
11/6/2023132
  • OrderGranted
ELECTRONIC ORDER granting 130 Motion for Hearing. A video conference is set for 12/12/2023 at 10:00 AM by video conference before Magistrate Judge Carol B Whitehurst. Instructions for joining the conference shall be emailed to all counsel. Signed by Magistrate Judge Carol B Whitehurst on 11/6/2023. (crt,Coreil, H) (Entered: 11/06/2023)
10/30/2023
  • Motion for Judgment
USCA JUDGMENT/MANDATE (certified copy) as to 125 Notice of Appeal that the judgment of the District Court is VACATED, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court. (USCA #22-30351)

IT IS FURTHER ORDERED that appellees pay to appellants the costs on appeal to be taxed by the Clerk of this Court.

(crt,WalkerSld, B) (Entered: 10/30/2023)
10/25/2023
  • Motion
MOTION for Hearing Status Conference by All Plaintiffs. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 10/25/2023. (Attachments: # 1 Proposed Order)(aty,Murray, Stephen) Modified docket text on 10/25/2023 (Chavis, J). (Entered: 10/25/2023)
8/23/2022MEMORANDUM MORDER of USCA as to 125 Notice of Appeal that the opposed motion of CCC Intelligent Solutions, Incorporated, to file an amicus curiae brief in support of appellants is GRANTED. (crt,WalkerSld, B) (Entered: 08/23/2022)
7/12/2022FORWARDED APPEAL RECORD per Request and USCA Order Doc # 128 to Kevin Patrick Zimmerman on behalf of U S A A Casualty Insurance Co, U S A A General Indemnity Co, United Services Automobile Association regarding 125 Notice of Appeal. Record sent on (1) disc via USPS. (crt,WalkerSld, B) Modified text on 7/12/2022 (WalkerSld, B). (Entered: 07/12/2022)
7/12/2022REQUEST For Record on Appeal by U S A A Casualty Insurance Co, U S A A General Indemnity Co, United Services Automobile Association re 125 Notice of Appeal. Sealed Pleadings requested as ordered by USCA. (aty,Zimmerman, Kevin) (Entered: 07/12/2022)
7/12/2022FORWARDED APPEAL RECORD per Request and USCA Order Doc # 128 to Stephen B Murray on behalf of Lovely M Feagins, Connie Nichols, Arthur Sampson, Jr regarding 125 Notice of Appeal. Record sent on (1) disc via USPS. (crt,WalkerSld, B) (Entered: 07/12/2022)
7/12/2022REQUEST For Record on Appeal by Lovely M Feagins, Connie Nichols, Arthur Sampson, Jr re 125 Notice of Appeal. Sealed Pleadings requested as ordered by USCA. (aty,Murray, Stephen) (Entered: 07/12/2022)
7/12/2022
  • Order
MEMORANDUM ORDER of USCA as to 125 Notice of Appeal Unless the court granted access to one or more specific documents ONLY, it is ordered, counsel for Lovely M. Feagins, United Services Automobile Association, Arthur Sampson, USAA General Indemnity Company may obtain all ex parte documents filed on behalf of Lovely M. Feagins, United Services Automobile Association, Arthur Sampson, USAA General Indemnity Company, and all other non ex parte documents in the record. (crt,WalkerSld, B) (Entered: 07/12/2022)
7/6/2022ELECTRONICALLY CERTIFIED Record on Appeal to US Court of Appeals re 125 Notice of Appeal is now available to Appellate Counsel via the 5th Circuit Court of Appeals website. See Instructions for Access and Use of the Electronic Record Download Feature of CM/ECF by clicking here. (USCA #22-30351)

If you do not have access to the Electronic Download Feature of CM/ECF, please submit your request for the certified record on appeal to the District Court.

After obtaining permission from COA for sealed/restricted filings, please request access via the District Courts CM/ECF system. (crt,WalkerSld, B) (Entered: 07/06/2022)
6/24/2022127APPEAL REMARK re 125 Notice of Appeal: NOA $505.00 filing fee for USCA #22-30351 paid to the Fifth Circuit Court of Appeals (Rec no. 470501003790). (crt,WalkerSld, B) (Entered: 06/24/2022)
6/23/2022Set Deadline for Clerk re 125 Notice of Appeal: Certify Appeal Record (22-30351) by Clerk to COA 7/8/2022. (crt,WalkerSld, B) (Entered: 06/24/2022)
6/23/2022TRANSCRIPT REQUEST by U S A A Casualty Insurance Co, U S A A General Indemnity Co, United Services Automobile Association for proceedings held on April 27, 2022 before Judge James D Cain Jr to Court Reporter: Court Reporter Deidre Juranka. (aty,Ieyoub, Christopher) (Entered: 06/23/2022)
6/10/2022NOTICE of Appeal Transcript Order Requirement regarding 125 Notice of Appeal. Pursuant to FRAP 10(b), the Appellant must file the transcript order form regardless of whether transcripts are necessary. Access the 5th Circuit site by clicking here. Hover over the Forms Fees & Guides tab, Forms, Court Reporter Forms, Transcript Order Form.

In following the instructions on the form, please note manual notification to the court reporter and the 5th Circuit Court of Appeals is STILL REQUIRED. (crt,WalkerSld, B) (Entered: 06/10/2022)
6/10/2022USCA Case Number 22-30351 for 125 Notice of Appeal. (crt,WalkerSld, B) (Entered: 06/10/2022)
6/10/2022125NOTICE OF APPEAL as to 124 Order on Sealed Motion. ADMINISTRATIVE ENTRY: NOA event created to reflect document number association and Notice of Appeal. (USCA #22-30351) (crt,WalkerSld, B) (Entered: 06/10/2022)
6/10/2022NOTICE of USCA Memorandum Order that Petitioners opposed motion for leave to appeal under Fed. R. Civ. P. 23(f) is GRANTED. (USCA #22-90023) (crt,WalkerSld, B) (Entered: 06/10/2022)
5/3/2022
  • OrderGranted
ORDER granting 94 Sealed Motion. Signed by Judge James D Cain, Jr on 5/3/2022. (crt,Chavis, J) (Entered: 05/04/2022)
5/3/2022
  • Order
MEMORANDUM RULING re 94 SEALED MOTION filed by Lovely M Feagins, Arthur Sampson, Jr. For the reasons set forth above, the Motion for Class Certification will be GRANTED. Signed by Judge James D Cain, Jr on 5/3/2022. (crt,Chavis, J) (Entered: 05/04/2022)
5/2/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings for Motion Hearing held on 4/27/2022 before Judge James D Cain Jr. Court Reporter/Transcriber DD Juranka, Telephone number (337)214-6669. Total pages: 90. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter. Redaction Request due 5/26/2022. Redacted Transcript Deadline set for 6/6/2022. Release of Transcript Restriction set for 8/4/2022. (crt,Juranka, D) (Entered: 05/02/2022)
4/27/2022MINUTES for proceedings held before Judge James D Cain, Jr: MISCELLANEOUS HEARING on Class Certification held on 4/27/2022. The matter was taken under advisement. (Court Reporter: DD Juranka) (crt,Benoit, T) (Entered: 04/28/2022)
4/22/2022SEALED DOCUMENT: Exhibit AE by U S A A Casualty Insurance Co, U S A A General Indemnity Co, United Services Automobile Association re 116 Notice (Other). (Attachments: # 1 Exhibit AF, # 2 Exhibit AG, # 3 Exhibit AH)(crt,Jones, P) (Entered: 04/22/2022)
4/22/2022
  • Motion to SealGranted
ORDER granting 118 Motion to Seal Additional Record Exhibits Under Seal. Signed by Magistrate Judge Carol B Whitehurst on 4/22/2022. (crt,Jones, P) (Entered: 04/22/2022)
4/21/2022
  • Motion to Seal
Joint MOTION to Seal Attached Document Additional Record Exhibits by U S A A Casualty Insurance Co, U S A A General Indemnity Co, United Services Automobile Association. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 4/21/2022. (Attachments: # 1 Proposed order, # 2 Exhibit Ex AE - Sealed, # 3 Exhibit Ex AF - Sealed, # 4 Exhibit Ex AG - Sealed, # 5 Exhibit Ex AH - Sealed)(aty,Ieyoub, Christopher) (Entered: 04/21/2022)
4/11/2022
  • Reply
REPLY to Response to Motion re 104 SEALED MOTION filed by U S A A Casualty Insurance Co, U S A A General Indemnity Co, United Services Automobile Association. (Attachments: # 1 Exhibit AB, # 2 Exhibit AC, # 3 Exhibit AD)(aty,Robertson, Peyton) Modified on 4/12/2022 to edit text (Jones, P). (Entered: 04/11/2022)
4/5/2022JOINT NOTICE of Regarding Class Certification Hearing by U S A A Casualty Insurance Co, U S A A General Indemnity Co, United Services Automobile Association, Lovely M Feagins, Arthur Sampson Jr re 105 Notice of Motion Setting (aty,Ieyoub, Christopher) Modified on 4/6/2022 to edit text and add filers (Jones, P). (Entered: 04/05/2022)
3/30/2022
  • Motion to Extend Time to File ResponseGranted
ORDER granting 112 Motion for Extension of Time to File Response/Reply re 104 SEALED MOTION. Replies due by 4/11/2022. Signed by Judge James D Cain, Jr on 3/30/2022. (crt,Jones, P) (Entered: 03/31/2022)
3/30/2022SEALED DOCUMENT: Opposition by Lovely M Feagins, Arthur Sampson, Jr re 104 SEALED MOTION. (Attachments: # 1 Statement of material facts, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17)(crt,Jones, P) (Entered: 03/31/2022)
3/30/2022
  • Motion to SealGranted
ORDER granting 111 Motion to Seal Attached Document. Signed by Judge James D Cain, Jr on 3/30/2022. (crt,Jones, P) (Entered: 03/31/2022)
3/30/2022NOTICE of Corrective Action: Clerk inadvertently docketed into this case instead of being in the court's Test database. Please disregard any NEF received which linked to #94 Motion. Apologies for the confusion and inconvenience. The erroneous entries have been removed from the case. (crt,Reeves, T) (Entered: 03/30/2022)
3/29/2022Motions Transferred regarding 112 MOTION for Extension of Time to File Response/Reply . Motions referred to Judge James D Cain, Jr. (crt,Jones, P) (Entered: 03/29/2022)
3/29/2022
  • Motion to Extend Time to File Response
MOTION for Extension of Time to File Response/Reply to 104 MSJ by U S A A Casualty Insurance Co, U S A A General Indemnity Co, United Services Automobile Association. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 3/29/2022. (Attachments: # 1 Proposed order)(aty,Ieyoub, Christopher) Modified on 3/29/2022 to edit text (Jones, P). (Entered: 03/29/2022)
3/28/2022Motions Transferred regarding 111 MOTION to Seal Attached Document . Motions referred to Judge James D Cain, Jr. (crt,Jones, P) (Entered: 03/29/2022)
3/28/2022
  • Motion to Seal
MOTION to Seal Attached Document by Lovely M Feagins, Arthur Sampson, Jr. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 3/28/2022. (Attachments: # 1 Proposed order, # 2 Proposed Memorandum / Brief, # 3 Proposed Statement of material facts, # 4 Proposed Exhibit 1, # 5 Proposed Exhibit 2, # 6 Proposed Exhibit 3, # 7 Proposed Exhibit 4, # 8 Proposed Exhibit 5, # 9 Proposed Exhibit 6, # 10 Proposed Exhibit 7, # 11 Proposed Exhibit 8, # 12 Proposed Exhibit 9, # 13 Proposed Exhibit 10, # 14 Proposed Exhibit 11, # 15 Proposed Exhibit 12, # 16 Proposed Exhibit 13, # 17 Proposed Exhibit 14, # 18 Proposed Exhibit 15, # 19 Proposed Exhibit 16, # 20 Proposed Exhibit 17)(aty,Whaley, John) Modified on 3/29/2022 to indicate proposed docs (Jones, P). (Entered: 03/28/2022)
3/21/2022
  • Reply
SEALED DOCUMENT: Reply Memorandum in Support by Lovely M Feagins, Arthur Sampson, Jr re 94 SEALED MOTION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(crt,Jones, P) (Entered: 03/21/2022)
3/21/2022
  • Motion to SealGranted
ORDER granting 108 Motion to Seal Attached Document. Signed by Judge James D Cain, Jr on 3/21/2022. (crt,Jones, P) (Entered: 03/21/2022)
3/17/2022Motions Transferred regarding 108 MOTION to Seal Attached Document . Motions referred to Judge James D Cain, Jr. (crt,Jones, P) (Entered: 03/17/2022)
3/17/2022
  • Motion to Seal
MOTION to Seal Attached Document by Lovely M Feagins, Connie Nichols, Arthur Sampson, Jr. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 3/17/2022. (Attachments: # 1 Proposed order, # 2 Proposed pleading, # 3 Exhibit 1 of Proposed Pleading, # 4 Exhibit 2 of Proposed Pleading, # 5 Exhibit 3 of Proposed Pleading, # 6 Exhibit 4 of Proposed Pleading)(aty,St Pe, Kenneth) Modified on 3/17/2022 to edit text (Jones, P). (Entered: 03/17/2022)
3/17/2022107
  • Motion to FileGranted
ELECTRONIC ORDER granting 106 Motion for Leave to File Excess Pages. Signed by Judge James D Cain, Jr on 3/17/2022. (crt,Petrofes, T) (Entered: 03/17/2022)
3/17/2022
  • Motion to File
Unopposed MOTION for Leave to File Excess Pages by Lovely M Feagins, Connie Nichols, Arthur Sampson, Jr. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 3/17/2022. (Attachments: # 1 Proposed order)(aty,St Pe, Kenneth) (Entered: 03/17/2022)
3/8/2022NOTICE of Motion Setting without oral argument regarding: 104 SEALED MOTION for Summary Judgment. Motions referred to Judge James D Cain, Jr. Motion day set for 4/27/2022 before Judge James D Cain Jr. (crt,Crick, S) (Entered: 03/08/2022)
3/7/2022
  • Motion for Summary Judgment
SEALED MOTION for Summary Judgment by U S A A General Indemnity Co, United Services Automobile Association. Motions referred to Magistrate Judge Carol B Whitehurst. Motion Ripe Deadline set for 3/7/2022. (Attachments: # 1 Memorandum / Brief, # 2 Statement of material facts, # 3 Exhibit Z, # 4 Exhibit AA)(crt,Crick, S) (Entered: 03/08/2022)
3/7/2022
  • Motion to SealGranted
ORDER granting 100 Motion to Seal Attached Document. Signed by Judge James D Cain, Jr on 3/7/2022. (crt,Crick, S) (Entered: 03/08/2022)
3/7/2022
  • Motion for Class Certification
SEALED DOCUMENT: Response in Opposition to 94 Motion for Class Certification by U S A A Casualty Insurance Co, U S A A General Indemnity Co, United Services Automobile Association re 94 SEALED MOTION for Class Certification. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(crt,Crick, S) (Entered: 03/08/2022)
3/7/2022
  • Motion to SealGranted
ORDER granting 99 Motion to Seal Attached Document. Signed by Judge James D Cain, Jr on 3/7/2022. (crt,Crick, S) (Entered: 03/08/2022)
3/3/2022Motions Transferred regarding 100 MOTION to Seal Attached Document , 99 MOTION to Seal Attached Document . Motions referred to Judge James D Cain, Jr. (crt,Jones, P) (Entered: 03/03/2022)
3/3/2022
  • Motion to Seal
MOTION to Seal Attached Document by U S A A Casualty Insurance Co, U S A A General Indemnity Co, United Services Automobile Association. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 3/3/2022. (Attachments: # 1 Proposed order, # 2 Proposed pleading (Sealed) Motion for Summary Judgment, # 3 Proposed Memorandum / Brief, # 4 Proposed Statement of material facts, # 5 Proposed Exhibit Z, # 6 Proposed Exhibit AA)(aty,Ieyoub, Christopher) Modified on 3/3/2022 to edit text (Jones, P). (Entered: 03/03/2022)
3/3/2022
  • Motion to Seal
MOTION to Seal Attached Document by U S A A Casualty Insurance Co, U S A A General Indemnity Co, United Services Automobile Association. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 3/3/2022. (Attachments: # 1 Proposed order, # 2 Proposed pleading (Sealed) Opposition to Class Cert, # 3 Proposed Exhibit A, # 4 Proposed Exhibit B, # 5 Proposed Exhibit C, # 6 Proposed Exhibit D, # 7 Proposed Exhibit E, # 8 Proposed Exhibit F, # 9 Proposed Exhibit G, # 10 Proposed Exhibit H, # 11 Proposed Exhibit I, # 12 Proposed Exhibit J, # 13 Proposed Exhibit K, # 14 Proposed Exhibit L, # 15 Proposed Exhibit M, # 16 Proposed Exhibit N, # 17 Proposed Exhibit O, # 18 Proposed Exhibit P, # 19 Proposed Exhibit Q, # 20 Proposed Exhibit R, # 21 Exhibit S, # 22 Proposed Exhibit T, # 23 Proposed Exhibit U, # 24 Proposed Exhibit V, # 25 Proposed Exhibit W, # 26 Propsoed Exhibit X, # 27 Proposed Exhibit Y)(aty,Ieyoub, Christopher) Modified on 3/3/2022 to edit text (Jones, P). (Entered: 03/03/2022)
2/22/2022
  • Motion to FileGranted
ORDER granting 97 Motion for Leave to File Excess Pages. Signed by Judge James D Cain, Jr on 2/22/2022. (crt,Jones, P) (Entered: 02/22/2022)
2/18/2022Motions Transferred regarding 97 MOTION for Leave to File Excess Pages . Motions referred to Judge James D Cain, Jr. (crt,Reeves, T) (Entered: 02/18/2022)
2/18/2022
  • Motion to File
MOTION for Leave to File Excess Pages by U S A A Casualty Insurance Co, U S A A General Indemnity Co, United Services Automobile Association. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 2/18/2022. (Attachments: # 1 Proposed order)(aty,Ieyoub, Christopher) (Entered: 02/18/2022)
2/4/2022NOTICE of Corrective Action regarding 95 Notice of Motion Setting,. Action taken: Terminated 95 Notice of Motion Setting. Issued in error. (crt,Crick, S) (Entered: 02/04/2022)
2/3/2022SEALED DOCUMENT: Exhibit 12-USAA_GIC_00015244 by Lovely M Feagins, Connie Nichols, Arthur Sampson, Jr re 94 SEALED MOTION, Motions Transferred. (aty,St Pe, Kenneth) (Entered: 02/03/2022)
2/3/2022NOTICE of Motion Setting without oral argument regarding: 94 SEALED MOTION. Motions referred to Judge James D Cain, Jr. Motion day set for 3/30/2022 before Judge James D Cain Jr. (crt,Crick, S) Modified on 2/4/2022 to indicate issued in error. (Crick, S). Modified on 4/1/2022 to remove text regarding issued in error as sealed exhibit has been submitted. (Crick, S). (Entered: 02/03/2022)
2/2/2022
  • Motion for Class Certification
SEALED MOTION for Class Certification by Lovely M Feagins, Arthur Sampson, Jr. Motions referred to Magistrate Judge Carol B Whitehurst. (Attachments: # 1 Memorandum / Brief, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33)(crt,Crick, S) Modified on 2/3/2022 to indicate SEALED Exhibit for Attachment #13 submitted as separate document. See 96 SEALED EXHIBIT. (Crick, S). (Entered: 02/03/2022)
2/2/2022
  • Motion to SealGranted
ORDER granting 92 Motion to Seal Attached Document. Signed by Judge James D Cain, Jr on 2/2/2022. (crt,Crick, S) (Entered: 02/03/2022)
1/27/2022Motions Transferred regarding 92 MOTION to Seal Attached Document. Motions referred to Judge James D Cain, Jr. (crt,Reeves, T) (Entered: 01/27/2022)
1/27/2022
  • Motion to Seal
MOTION to Seal Attached Document by Lovely M Feagins, Connie Nichols, Arthur Sampson, Jr. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 1/27/2022. (Attachments: # 1 Proposed order, # 2 Proposed pleading, # 3 Proposed pleading, # 4 Proposed exhibit, # 5 Proposed exhibit, # 6 Proposed exhibit, # 7 Proposed exhibit, # 8 Proposed exhibit, # 9 Proposed exhibit, # 10 Proposed exhibit, # 11 Proposed exhibit, # 12 Proposed exhibit, # 13 Proposed exhibit, # 14 Proposed exhibit, # 15 Proposed exhibit, # 16 Proposed exhibit, # 17 Proposed exhibit, # 18 Proposed exhibit, # 19 Proposed exhibit, # 20 Proposed exhibit, # 21 Proposed exhibit, # 22 Proposed exhibit, # 23 Proposed exhibit, # 24 Proposed exhibit, # 25 Proposed exhibit, # 26 Proposed exhibit, # 27 Proposed exhibit, # 28 Proposed exhibit, # 29 Proposed exhibit, # 30 Proposed exhibit, # 31 Proposed exhibit, # 32 Proposed exhibit, # 33 Proposed exhibit, # 34 Proposed exhibit, # 35 Proposed exhibit, # 36 Proposed exhibit)(aty,St Pe, Kenneth) Modified on 2/3/2022 to indicate Proposed SEALED Exhibit for Attachment #15 submitted as separate document. See 96 SEALED EXHIBIT. (Crick, S). (Entered: 01/27/2022)
11/18/2021
  • OrderGranted
ORDER granting 90 Joint/Voluntary Motion to Dismiss Connie Nichols, without prejudice. Signed by Judge James D Cain, Jr on 11/18/2021. (crt,Jones, P) (Entered: 11/18/2021)
11/17/2021VOLUNTARY MOTION to Dismiss Claim of Connie Nichols by Connie Nichols. Motion Ripe Deadline set for 11/17/2021. (Attachments: # 1 Proposed order)(aty,St Pe, Kenneth) Modified on 11/17/2021 to edit text (Jones, P). (Entered: 11/17/2021)
11/5/2021
  • OrderGranted
ORDER granting 88 Motion to Enroll as Counsel. Added as counsel Ruston James Pritchard for Lovely M Feagins, for Connie Nichols, Arthur Sampson, Jr. Signed by Magistrate Judge Carol B Whitehurst on 11/5/2021. (crt,Jones, P) (Entered: 11/05/2021)
11/4/2021
  • Motion
MOTION for Ruston Pritchard to Enroll as Counsel by Lovely M Feagins, Connie Nichols, Arthur Sampson, Jr. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 11/4/2021. (Attachments: # 1 Proposed order)(aty,Murray, Stephen) (Entered: 11/04/2021)
10/22/2021MINUTES for proceedings held before Judge James D Cain, Jr: STATUS CONFERENCE held on 10/21/2021, Class Certification Hearing set for 4/27/2022 at 10:00 AM in Lafayette, Courtroom 4 before Judge James D Cain Jr. (crt,Benoit, T) (Entered: 10/22/2021)
10/7/202186ELECTRONIC MINUTE ENTRY:A District Judge Status Conference is set for 10/21/2021 at 02:00 PM by phone before Judge James D Cain Jr. to set a class certification hearing. The parties are to call at 877-873-8018 Access Code 4800394. Signed by Judge James D Cain, Jr on 10/7/2021. (crt,Petrofes, T) (Entered: 10/07/2021)
10/4/2021 STIPULATION by Lovely M Feagins, Connie Nichols, Arthur Sampson, Jr, United Services Automobile Association, U S A A General Indemnity Co, U S A A Casualty Insurance Co. (aty,St Pe, Kenneth) Modified on 10/4/2021 to add filers (Jones, P). (Entered: 10/04/2021)
6/4/2021CORPORATE DISCLOSURE STATEMENT by United Services Automobile Association. (aty,Ieyoub, Christopher) (Entered: 06/04/2021)
6/4/2021
  • Answer
ANSWER to 80 Amended Complaint, with jury demand by U S A A General Indemnity Co, United Services Automobile Association.(aty,Ieyoub, Christopher) Modified on 6/4/2021 to edit text (Jones, P). (Entered: 06/04/2021)
6/1/2021RULE 16(b) CERTIFICATION SCHEDULING ORDER: Parties to complete fact discovery related to Class Certification: 7/23/2021; Plaintiffs' expert reports for Class Certification will be served: 9/20/2021; Defendants' expert reports for Class Certification will be served: 11/8/2021; Expert discovery, including depositions, for Class Certification will begin on 11/8/2021; Expert discovery, including depositions for Class Certification will conclude by: 12/6/2021; Plaintiffs' Motion for Class Certification and Daubert Motions on experts related to Class Certification: 1/27/2022; Defendants' Opposition to Class Certification Motion and any other reply or Duabert motions on Class Certification experts, if applicable, will be filed by: 3/3/2022; Plaintiffs' Reply in Support of Class Certification Motion and any other reply or Daubert Motions on Class Certification experts, if applicable, due no later than 3/17/2022. Hearing on Class Certification TBD. Signed by Magistrate Judge Carol B Whitehurst on 6/1/2021. (crt,Chicola, C) (Entered: 06/01/2021)
5/28/2021
  • Motion
Joint MOTION for Extension of Scheduling Order Deadlines with consent by U S A A Casualty Insurance Co, U S A A General Indemnity Co, United Services Automobile Association, Lovely M Feagins, Connie Nichols, Arthur Sampson Jr. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 5/28/2021. (Attachments: # 1 Proposed order)(aty,Ieyoub, Christopher) Modified on 6/1/2021 to add filers (Jones, P). (Entered: 05/28/2021)
5/21/2021
  • Complaint
SECOND AMENDED COMPLAINT against U S A A General Indemnity Co, United Services Automobile Association with Jury Demand filed by Arthur Sampson, Jr, Connie Nichols, Lovely M Feagins.(Attorney Kenneth D St Pe added to party Lovely M Feagins(pty:pla))(crt,Jones, P) Modified on 6/2/2021 to indicate second amended (Jones, P). (Entered: 05/21/2021)
5/21/2021
  • Motion to Amend ComplaintGranted
ORDER granting 74 Motion to Amend Complaint. Signed by Magistrate Judge Carol B Whitehurst on 5/21/2021. (crt,Jones, P) (Entered: 05/21/2021)
5/21/2021
  • Motion to Appear Pro Hac ViceGranted
ORDER granting 77 Motion to Appear Pro Hac Vice for appearance of Kevin P Zimmerman for U S A A Casualty Insurance Co. Signed by Magistrate Judge Carol B Whitehurst on 5/21/2021. (crt,Jones, P) (Entered: 05/21/2021)
5/20/2021NOTICE of Corrective Action regarding 76 (FILED-IN-ERROR) Notice of Motion Setting,. Action taken: Modified to reflect Filed in Error. (crt,Chicola, C) (Entered: 05/20/2021)
5/20/2021
  • Motion to Appear Pro Hac Vice
MOTION for Kevin P. Zimmerman to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4678773) by U S A A Casualty Insurance Co, U S A A General Indemnity Co, United Services Automobile Association. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 5/20/2021. (Attachments: # 1 Proposed order, # 2 Certificate of good standing, # 3 Exhibit Declaration, # 4 Affidavit)(aty,Ieyoub, Christopher) (Entered: 05/20/2021)
5/20/2021(FILED-IN-ERROR) NOTICE of Motion Setting without oral argument regarding: 74 MOTION to Amend Complaint with opposition . Motions referred to Magistrate Judge Carol B Whitehurst. Motion day set for 7/21/2021 before Magistrate Judge Carol B Whitehurst. (crt,Chicola, C) Modified to reflect filed in error on 5/20/2021 (Chicola, C). (Entered: 05/20/2021)
5/19/2021
  • Motion to Extend TimeGranted
ORDER granting 73 Motion for Extension of Time to Answer re 64 Amended Complaint. U S A A Casualty Insurance Co, U S A A General Indemnity Co and United Services Automobile Association answer due 6/1/2021. Signed by Magistrate Judge Carol B Whitehurst on 5/19/2021. (crt,Chicola, C) (Entered: 05/19/2021)
5/18/2021Set/Reset Deadlines as to 74 MOTION to Amend Complaint with opposition . Motion Ripe Deadline set for 5/18/2021. (crt,Chicola, C) (Entered: 05/20/2021)
5/18/2021
  • Motion to Amend Complaint
MOTION to Amend Complaint with opposition by Connie Nichols, Arthur Sampson, Jr. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 5/18/2021. (Attachments: # 1 Proposed order, # 2 Proposed pleading, # 3 Certificate of Service)(aty,St Pe, Kenneth) Modified text on 5/18/2021 (Dunford, T). Modified on 5/19/2021 to edit text (Jones, P). (Entered: 05/18/2021)
5/17/2021
  • Motion to Extend Time to Answer
Unopposed MOTION for Extension of Time to File Answer re 64 Amended Complaint with consent of Plaintiffs by U S A A Casualty Insurance Co, U S A A General Indemnity Co, United Services Automobile Association. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 5/17/2021. (Attachments: # 1 Proposed order)(aty,Ieyoub, Christopher) (Entered: 05/17/2021)
5/6/2021
  • Order
ORDER: IT IS ORDERED that the current 44 Rule 16(b) Class Certification Scheduling Order is hereby VACATED. IT IS FURTHER ORDERED that the parties shall submit a new proposed scheduling order by May 30, 2021. Compliance Deadline set for 5/30/2021. Signed by Magistrate Judge Carol B Whitehurst on 5/6/2021. (crt,Alexander, E) (Entered: 05/06/2021)
5/5/2021MINUTES for proceedings held before Magistrate Judge Carol B Whitehurst: TELEPHONE STATUS CONFERENCE held on 5/5/2021. Following discussion of pending deadlines, the parties agreed to vacate the current scheduling order. Signed by Magistrate Judge Carol B Whitehurst on 5/6/2021. (crt,Alexander, E) (Entered: 05/06/2021)
5/4/2021 Set/Reset Hearings: Status Conference set for 5/5/2021 11:30 AM by phone before Magistrate Judge Carol B Whitehurst. (crt,Chicola, C) (Entered: 05/04/2021)
5/4/202170
  • Order
ELECTRONIC ORDER - A telephone status conference is hereby SET for May 5, 2021 at 11:30 a.m. Counsel shall access the call by dialing 877-336-1839, access code 2869540. Signed by Magistrate Judge Carol B Whitehurst on 5/4/2021. (crt,Coreil, H) (Entered: 05/04/2021)
4/27/2021WAIVER OF SERVICE Returned Executed by Arthur Sampson, Jr, Connie Nichols. United Services Automobile Association waiver sent on 4/19/2021, answer due 6/18/2021. (aty,St Pe, Kenneth) (Entered: 04/27/2021)
4/27/2021WAIVER OF SERVICE Returned Executed by Arthur Sampson, Jr, Connie Nichols. U S A A General Indemnity Co waiver sent on 4/19/2021, answer due 6/18/2021. (aty,St Pe, Kenneth) (Entered: 04/27/2021)
4/21/2021
  • Motion to Extend TimeGranted
ORDER granting 66 Motion for Extension of Time to Answer re 64 Amended Complaint U S A A Casualty Insurance Co, U S A A General Indemnity Co and United Services Automobile Association answer due 5/18/2021. Signed by Magistrate Judge Carol B Whitehurst on 4/21/2021. (crt,Chicola, C) (Entered: 04/21/2021)
4/20/2021
  • Motion to Extend Time to Answer
MOTION for Extension of Time to File Answer re 64 Amended Complaint with consent by U S A A Casualty Insurance Co, U S A A General Indemnity Co, United Services Automobile Association. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 4/20/2021. (Attachments: # 1 Proposed order)(Attorney Christopher P Ieyoub added to party U S A A General Indemnity Co(pty:dft), United Services Automobile Association(pty:dft))(aty,Ieyoub, Christopher) Modified on 4/20/2021 to create docket entry relationship and modify docket text (Miletello, A). (Entered: 04/20/2021)
4/15/2021SUMMONS ISSUED as to U S A A General Indemnity Co, United Services Automobile Association. (crt,Jones, P) (Entered: 04/15/2021)
4/13/2021
  • Complaint
FIRST AMENDED COMPLAINT against U S A A Casualty Insurance Co, United Services Automobile Association, U S A A General Indemnity Co with Jury Demand filed by Arthur Sampson, Jr, Connie Nichols.(crt,Jones, P) Modified on 6/2/2021 to indicate first amended (Jones, P). (Entered: 04/15/2021)
4/13/2021
  • Motion to Amend ComplaintGranted
MEMORANDUM ORDER granting 45 Motion to Amend Complaint. Signed by Magistrate Judge Carol B Whitehurst on 4/13/2021. (crt,Jones, P) (Entered: 04/15/2021)
4/13/2021
  • Motion to CompelGranted
ORDER granting 53 Motion to Compel. Plaintiffs are permitted to take the Rule 30(b)(6) deposition of Defendant's designated corporate representative with technical knowledge of maintenance and storage of specifically sought data. The parties shall confer within 10 days to establish the scope of the Rule 30(b)(6) deposition, which should be narrowly tailored to specific data points. The Rule 30(b)(6) deposition shall be complete by May 13, 2021. Signed by Magistrate Judge Carol B Whitehurst on 4/13/2021. (crt,Chicola, C) (Entered: 04/14/2021)
4/13/2021MINUTES for proceedings held before Magistrate Judge Carol B Whitehurst: TELEPHONE MOTION HEARING held on 4/13/2021 re 45 MOTION to Amend Complaint filed by Arthur Sampson, Jr, Connie Nichols, 53 MOTION to Compel USAA Tech/Data Witness Testimony and To Extend Plaintiffs' Discovery Deadline for Same filed by Arthur Sampson, Jr, Connie Nichols. (crt,Chicola, C) (Entered: 04/14/2021)
4/6/2021
  • Motion to Compel
MEMORANDUM in Opposition re 53 MOTION to Compel USAA Tech/Data Witness Testimony and To Extend Plaintiffs' Discovery Deadline for Same filed by U S A A Casualty Insurance Co. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(aty,Ieyoub, Christopher) (Entered: 04/06/2021)
4/5/2021Reset Deadlines as to 45 MOTION to Amend Complaint and 53 MOTION to Compel USAA Tech/Data Witness Testimony and To Extend Plaintiffs' Discovery Deadline for Same. Telephone Hearing set for 4/13/2021 10:00 AM before Magistrate Judge Carol B Whitehurst. (crt,Alexander, E) (Entered: 04/06/2021)
4/5/202159ELECTRONIC MINUTE ENTRY: - Counsel shall be prepared to discuss Plaintiffs' Motion to Amend Complaint (Rec. Doc. 45), as well as Plaintiffs' Motion to Compel (Rec. Doc. 53), at the telephone hearing on April 13, 2021 at 10:00 a.m. Call in: 877-336-1839, access code 2869540. Signed by Magistrate Judge Carol B Whitehurst on 4/5/2021. (crt,Coreil, H) (Entered: 04/05/2021)
3/30/202158
  • Motion to Compel
ELECTRONIC ORDER - At Plaintiff's request, Plaintiff's Motion to Compel against CCC (Rec. Doc. 52) is hereby DENIED AS MOOT. Plaintiff's Motion to Compel against USAA (Rec. Doc. 53) remains pending, with all set deadlines and the telephone hearing set for April 13, 2021 at 10:00 a.m. Signed by Magistrate Judge Carol B Whitehurst on 3/30/2021. (crt,Coreil, H) (Entered: 03/30/2021)
3/29/2021
  • Motion to SealGranted
ORDER granting 55 Motion to Seal Previously Filed Document re: 53 MOTION to Compel USAA Tech/Data Witness Testimony and To Extend Plaintiffs' Discovery Deadline for Same. Signed by Magistrate Judge Carol B Whitehurst on 3/29/2021. (crt,Jones, P) (Entered: 03/29/2021)
3/26/2021
  • Motion to Amend Complaint
RESPONSE to Motion re 45 MOTION to Amend Complaint filed by U S A A Casualty Insurance Co. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(aty,Ieyoub, Christopher) (Entered: 03/26/2021)
3/25/2021
  • Motion to Seal
MOTION to Seal Previously Filed Document re: 53 MOTION to Compel USAA Tech/Data Witness Testimony and To Extend Plaintiffs' Discovery Deadline for Same by Connie Nichols, Arthur Sampson, Jr. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 3/25/2021. (Attachments: # 1 Proposed order)(aty,St Pe, Kenneth) (Entered: 03/25/2021)
3/24/2021Set/Reset Deadlines as to 52 MOTION to Compel Discovery, 53 MOTION to Compel USAA Tech/Data Witness Testimony and To Extend Plaintiffs' Discovery Deadline for Same. Responses due by 4/6/2021. Motion set for 4/13/2021 10:00 AM by phone before Magistrate Judge Carol B Whitehurst. (crt,Chicola, C) (Entered: 03/24/2021)
3/24/202154
  • Order
ELECTRONIC ORDER - IT IS ORDERED that oppositions to Plaintiffs' Motions to Compel (Rec. Doc. 52 and 53) shall be filed by April 6, 2021. IT IS FURTHER ORDERED that a telephone hearing on the Motions is SET for April 13, 2021 at 10:00 a.m. Counsel shall access the call by dialing 877-336-1839, access code 2869540. Signed by Magistrate Judge Carol B Whitehurst on 3/24/2021. (crt,Coreil, H) (Entered: 03/24/2021)
3/23/2021
  • Motion to Compel
MOTION to Compel USAA Tech/Data Witness Testimony and To Extend Plaintiffs' Discovery Deadline for Same by Connie Nichols, Arthur Sampson, Jr. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 3/23/2021. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit)(aty,St Pe, Kenneth) Modified on 3/29/2021 to indicate Sealed Exhibits per 57 Order (Jones, P). (Entered: 03/23/2021)
3/23/2021
  • Motion to Compel Discovery
MOTION to Compel Discovery by Connie Nichols, Arthur Sampson, Jr. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 3/23/2021. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order, # 3 Exhibit A, # 4 Exhibit B)(aty,St Pe, Kenneth) Modified on 3/23/2021 to edit text (Jones, P). (Entered: 03/23/2021)
3/22/2021
  • Answer
AMENDED ANSWER to 1 Complaint with Jury Demand by U S A A Casualty Insurance Co.(crt,Jones, P) (Entered: 03/22/2021)
3/22/2021
  • Motion to Amend AnswerGranted
ORDER granting 49 Motion to Amend Answer. Signed by Magistrate Judge Carol B Whitehurst on 3/22/2021. (crt,Jones, P) (Entered: 03/22/2021)
3/19/2021
  • Motion to Amend Answer
MOTION to Amend Answer with consent by U S A A Casualty Insurance Co. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 3/19/2021. (Attachments: # 1 Proposed order, # 2 Exhibit A - Proposed Pleading)(aty,Ieyoub, Christopher) Modified on 3/19/2021 to edit text (Jones, P). (Entered: 03/19/2021)
3/12/2021
  • Motion to Extend Time to File ResponseGranted
ORDER granting 47 Motion for Extension of Time to File Response/Reply re 45 MOTION to Amend Complaint. Responses due by 3/26/2021. Signed by Magistrate Judge Carol B Whitehurst on 3/12/2021. (crt,Chicola, C) (Entered: 03/12/2021)
3/11/2021
  • Motion to Extend Time to File Response
MOTION for Extension of Time to File Response/Reply with consent by U S A A Casualty Insurance Co. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 3/11/2021. (Attachments: # 1 Proposed order)(aty,Ieyoub, Christopher) (Entered: 03/11/2021)
2/26/2021NOTICE of Motion Setting without oral argument regarding: 45 MOTION to Amend Complaint. Motions referred to Magistrate Judge Carol B Whitehurst. Motion day set for 4/21/2021 before Magistrate Judge Carol B Whitehurst. (crt,Jones, P) (Entered: 02/26/2021)
2/26/2021
  • Motion to Amend Complaint
MOTION to Amend Complaint by Arthur Sampson, Jr, Connie Nichols. (Attachments: # 1 Proposed order, # 2 Proposed pleading, # 3 Certificate of Opposition)(aty,St Pe, Kenneth) Modified on 2/26/2021 to capture more accurate event and edit text(Jones, P). (Entered: 02/26/2021)
11/17/2020(**VACATED**) RULE 16(b) CLASS CERTIFICATION SCHEDULING ORDER granting 43 Motion to Continue Defendants Expert Info/Reports due by 7/8/2021. Plaintiffs Expert Info/Reports due by 5/20/2021. (See pdf for all deadlines) Signed by Magistrate Judge Carol B Whitehurst on 11/17/2020. (crt,Jones, P) Modified on 5/6/2021 to reflect vacated. See 72 Order. (Alexander, E) (Entered: 11/17/2020)
11/16/2020
  • Motion to Continue
Joint MOTION to Continue Rule 16(b) Class Certification Scheduling Deadlines with consent by Connie Nichols, Arthur Sampson, Jr, U S A A Casualty Insurance Co. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 11/16/2020. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order)(aty,St Pe, Kenneth) Modified on 11/16/2020 to add filer (Jones, P). (Entered: 11/16/2020)
6/24/2020CONFIDENTIALITY AND PROTECTIVE ORDER re: 40 PROPOSED ORDER. Signed by Magistrate Judge Carol B Whitehurst on 6/24/2020. (crt,Jones, P) (Entered: 06/24/2020)
6/24/2020AGREED ORDER re: 39 PROPOSED ORDER Establishing Protocol for Production of Electronically Stored Information. Signed by Magistrate Judge Carol B Whitehurst on 6/24/2020. (crt,Jones, P) (Entered: 06/24/2020)
6/22/2020Motions Transferred regarding 39 PROPOSED Order, 40 PROPOSED CONFIDENTIALITY AND PROTECTIVE ORDER. Motions referred to Magistrate Judge Carol B Whitehurst. (crt,Jones, P) (Entered: 06/23/2020)
6/22/2020Set/Reset Deadlines as to 40 PROPOSED CONFIDENTIALITY AND PROTECTIVE ORDER, 39 PROPOSED Order. Motion Ripe Deadline set for 6/22/2020. (crt,Jones, P) (Entered: 06/23/2020)
6/22/2020PROPOSED CONFIDENTIALITY AND PROTECTIVE ORDER by U S A A Casualty Insurance Co. (aty,Ieyoub, Christopher) Modified on 6/23/2020 to capture event with gavel (Jones, P). (Entered: 06/22/2020)
6/22/2020
  • Motion
PROPOSED ORDER Agreed Order Establishing Protocol for Production of Electronically Stored Information by U S A A Casualty Insurance Co. (aty,Ieyoub, Christopher) Modified on 6/23/2020 to capture event to set gavel (Jones, P). (Entered: 06/22/2020)
3/25/2020CORPORATE DISCLOSURE STATEMENT by U S A A Casualty Insurance Co, United Services Automobile Association, indicating United Services Automobile Association as a corporate parent for U S A A. (aty,Ieyoub, Christopher) Modified on 3/25/2020 to add corporate parent (Jones, P). Modified on 6/4/2021 to add filer and edit text (Jones, P). (Entered: 03/25/2020)
3/25/2020NOTICE of Corporate Disclosure Statement Requirement re: 36 Answer to Complaint, sent to Andrea C Wiltrout, Christopher P Ieyoub, Rodger L Eckelberry, Jordan A Sinclair, Mathew G Drocton on behalf of U S A A Casualty Insurance Co. Corporate Disclosure Statement due by 4/8/2020. (crt,Jones, P) (Entered: 03/25/2020)
3/25/2020
  • Answer
ANSWER to 1 Complaint, with Jury Demand by U S A A Casualty Insurance Co.(aty,Ieyoub, Christopher) (Entered: 03/25/2020)
3/18/2020 STIPULATION Joint Rule 16(b) Class Certifictaion Scheduling Order by U S A A Casualty Insurance Co, Connie Nichols, Arthur Sampson Jr. (aty,Ieyoub, Christopher) Modified on 3/18/2020 to add filers (Jones, P). (Entered: 03/18/2020)
3/12/2020
  • Motion to Appear Pro Hac ViceGranted
ORDER granting 33 Motion to Appear Pro Hac Vice for appearance of Andrea C Wiltrout for U S A A Casualty Insurance Co. Signed by Magistrate Judge Carol B Whitehurst on 3/12/2020. (crt,Alexander, E) (Entered: 03/12/2020)
3/12/2020
  • Motion to Appear Pro Hac Vice
MOTION for Andrea C. Wiltrout to Appear Pro Hac Vice ( Admission fee: $105, receipt number ALAWDC-4207449) by U S A A Casualty Insurance Co. Motions referred to Carol B Whitehurst. (Attachments: # 1 Proposed order, # 2 Certificate in Good Standing, # 3 Declaration, # 4 Affidavit)(aty,Ieyoub, Christopher) Modified on 3/12/2020 to edit text (Jones, P). (Entered: 03/12/2020)
3/2/2020
  • Motion to Extend TimeGranted
ORDER granting 30 Motion for Extension of Time to Answer re 1 Complaint. Signed by Magistrate Judge Carol B Whitehurst on 3/2/2020. (crt,Alexander, E) (Entered: 03/02/2020)
3/2/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings for Motion Hearing held on 2/18/2020 before Judge James D Cain Jr. Court Reporter/Transcriber DD Juranka, Telephone number (337)214-6669. Total pages: 42. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter.. Redaction Request due 3/26/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/4/2020. (crt,Juranka, D) (Entered: 03/02/2020)
2/28/2020Set/Reset Deadlines as to 30 MOTION for Extension of Time to File Answer. Motion Ripe Deadline set for 2/28/2020. (crt,Dunford, T) (Entered: 02/28/2020)
2/28/2020
  • Motion to Extend Time to Answer
MOTION for Extension of Time to File Answer with consent by U S A A Casualty Insurance Co. Motions referred to Carol B Whitehurst. (Attachments: # 1 Exhibit Rule 7.9 Certificate, # 2 Proposed order)(aty,Ieyoub, Christopher) (Entered: 02/28/2020)
2/19/2020
  • Motion for Judgment
JUDGMENT in accordance with the 28 Memorandum Ruling, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the 7 Motion to Dismiss be DENIED. Signed by Judge James D Cain, Jr on 2/19/2020. (crt,Benoit, T) (Entered: 02/19/2020)
2/19/2020
  • Motion to Dismiss for Failure to State a Claim
MEMORANDUM RULING re 7 MOTION to Dismiss For Failure to State a Claim Pursuant to FRCP Rule 12(b)(6) filed by U S A A Casualty Insurance Co. Signed by Judge James D Cain, Jr on 2/19/2020. (crt,Benoit, T) (Entered: 02/19/2020)
2/18/2020MINUTES for proceedings held before Judge James D Cain, Jr: STATUS CONFERENCE held on 2/18/2020. (crt,Benoit, T) (Entered: 02/18/2020)
2/18/2020MINUTES for proceedings held before Judge James D Cain, Jr: MOTION HEARING held on 2/18/2020 re 7 MOTION to Dismiss For Failure to State a Claim Pursuant to FRCP Rule 12(b)(6) filed by U S A A Casualty Insurance Co. The matter was taken under advisement. (Court Reporter: DD Juranka) (crt,Benoit, T) (Main Document 26 replaced on 2/18/2020) (Benoit, T). (Entered: 02/18/2020)
2/18/202025
  • Order
ELECTRONIC ORDER: A District Judge Status Conference is set for 2/18/2020 at 11:00 AM in chambers before Judge James D. Cain, Jr., immediately following this morning's hearing on the pending motion to dismiss. Signed by Judge James D. Cain, Jr. on 2/18/2020. (crt,Higgins, M) (Entered: 02/18/2020)
2/17/202024
  • Motion to ContinueGranted
ELECTRONIC ORDER granting 23 Motion to Continue or Attend By Telephone. The hearing set for tomorrow will take place as scheduled and Mr. Eckelberry is permitted to appear by telephone. The deputy clerk will call Mr. Eckelberry's office at the beginning of the hearing. Because the courthouse is closed today, counsel should contact chambers or the clerk's office tomorrow morning with any questions. Signed by Judge James D. Cain, Jr. on 2/17/2020. (crt,Higgins, M) (Entered: 02/17/2020)
2/17/2020
  • Motion to Continue Hearing
MOTION to Continue February 18 Hearing or in the alternative, allow Rodger Eckelberry to attend by telephone with consent by U S A A Casualty Insurance Co. Motions referred to Carol B Whitehurst. (Attachments: # 1 Proposed order)(aty,Ieyoub, Christopher) (Entered: 02/17/2020)
2/4/202022
  • Order
ELECTRONIC ORDER, Set Deadlines/Hearing as to 7 MOTION to Dismiss: A hearing on the pending Motion to Dismiss is set for 2/18/2020 at 10:00 AM in Lake Charles, Courtroom 4 before Judge James D. Cain, Jr. Signed by Judge James D. Cain, Jr. on 2/4/2020. (crt,Higgins, M) (Entered: 02/04/2020)
11/8/2019
  • Motion to Appear Pro Hac ViceGranted
ORDER granting 20 Motion to Appear Pro Hac Vice for appearance of Mathew G Drocton for U S A A Casualty Insurance Co. Signed by Magistrate Judge Carol B Whitehurst on 11/8/2019. (crt,Chicola, C) (Entered: 11/12/2019)
11/8/2019
  • Motion to Appear Pro Hac Vice
MOTION for Mathew G. Drocton to Appear Pro Hac Vice ( Admission fee: $105, receipt number ALAWDC-4100689) by U S A A Casualty Insurance Co. Motions referred to Carol B Whitehurst. (Attachments: # 1 Proposed order, # 2 Exhibit Declaration, # 3 Certificate of good standing, # 4 Affidavit)(aty,Ieyoub, Christopher) (Entered: 11/08/2019)
10/28/2019
  • Motion to Appear Pro Hac ViceGranted
ORDER granting 11 Motion to Appear Pro Hac Vice for appearance of Jordan A Sinclair for U S A A Casualty Insurance Co. Signed by Magistrate Judge Carol B Whitehurst on 10/28/2019. (crt,Chicola, C) (Entered: 10/28/2019)
10/28/2019
  • Motion to Appear Pro Hac ViceGranted
ORDER granting 10 Motion to Appear Pro Hac Vice for appearance of Rodger L Eckelberry for U S A A Casualty Insurance Co. Signed by Magistrate Judge Carol B Whitehurst on 10/28/2019. (crt,Chicola, C) (Entered: 10/28/2019)
10/25/2019CORRECTIVE DOCUMENT entitled Certificate of Good Standing - JAS filed by U S A A Casualty Insurance Co resolving 11 Notice of deficiency. (aty,Ieyoub, Christopher) Modified text on 10/25/2019 (Dunford, T). (Entered: 10/25/2019)
10/25/2019CORRECTIVE DOCUMENT entitled Certificate of Good Standing - RLE filed by U S A A Casualty Insurance Co resolving 10 Motion to appear pro hac vice. (aty,Ieyoub, Christopher) Modified text on 10/25/2019 (Dunford, T). (Entered: 10/25/2019)
10/16/2019
  • Motion to Dismiss for Failure to State a Claim
REPLY to Response to Motion re 7 MOTION to Dismiss For Failure to State a Claim Pursuant to FRCP Rule 12(b)(6) filed by U S A A Casualty Insurance Co. (aty,Ieyoub, Christopher) (Entered: 10/16/2019)
10/8/2019
  • Motion to Extend Time to File ResponseGranted
ORDER granting 13 Motion for Extension of Time to File Response/Reply re 7 MOTION to Dismiss For Failure to State a Claim Pursuant to FRCP Rule 12(b)(6). Replies due by 10/16/2019. Signed by Judge James D Cain, Jr on 10/8/2019. (crt,Jones, P) (Entered: 10/08/2019)
10/7/2019Motions Transferred regarding 13 MOTION for Extension of Time to File Response/Reply with consent . Motions referred to Judge James D Cain, Jr. (crt,Jones, P) (Entered: 10/08/2019)
10/7/2019
  • Motion to Extend Time to File Response
MOTION for Extension of Time to File Response/Reply with consent by U S A A Casualty Insurance Co. Motions referred to Carol B Whitehurst. (Attachments: # 1 Proposed order, # 2 Exhibit Rule 7.9 Certificate)(aty,Ieyoub, Christopher) (Entered: 10/07/2019)
10/7/2019NOTICE of Deficiency to Christopher P Ieyoub on behalf of U S A A Casualty Insurance Co regarding 11 MOTION for Jordan A. Sinclair to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-4067858), 10 MOTION for Rodger L. Eckelberry to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-4067847). Reason: The above item requires a certificate of good standing. Please refer to LR83.2.6 for more specific requirements. (crt,Bunting, M) (Entered: 10/07/2019)
10/4/2019
  • Motion to Appear Pro Hac Vice
MOTION for Jordan A. Sinclair to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-4067858) by U S A A Casualty Insurance Co. Motions referred to Carol B Whitehurst. (Attachments: # 1 Proposed order, # 2 Exhibit A - Declaration, # 3 Exhibit B - Affidavit)(aty,Ieyoub, Christopher) Modified to reflect deficient status on 10/7/2019 (Bunting, M). Modified on 10/25/2019 to remove deficiency notice and link to 17 (Dunford, T). (Entered: 10/04/2019)
10/4/2019
  • Motion to Appear Pro Hac Vice
MOTION for Rodger L. Eckelberry to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-4067847) by U S A A Casualty Insurance Co. Motions referred to Carol B Whitehurst. (Attachments: # 1 Proposed order, # 2 Exhibit A - Declaration, # 3 Exhibit B - Affidavit)(aty,Ieyoub, Christopher) Modified to reflect deficient status on 10/7/2019 (Bunting, M). Modified to remove deficient status and link to 16 on 10/25/2019 (Dunford, T). (Entered: 10/04/2019)
10/2/2019
  • Motion to Dismiss for Failure to State a Claim
MEMORANDUM in Opposition re 7 MOTION to Dismiss For Failure to State a Claim Pursuant to FRCP Rule 12(b)(6) filed by Connie Nichols, Arthur Sampson, Jr. (aty,Murray, Stephen) (Entered: 10/02/2019)
9/12/2019NOTICE of Motion Setting without oral argument regarding: 7 MOTION to Dismiss For Failure to State a Claim Pursuant to FRCP Rule 12(b)(6). Motion day set for 10/30/2019 before Judge James D Cain Jr. (crt,Reeves, T) (Entered: 09/12/2019)
9/11/2019
  • Motion to Dismiss for Failure to State a Claim
MOTION to Dismiss For Failure to State a Claim Pursuant to FRCP Rule 12(b)(6) by U S A A Casualty Insurance Co. (Attachments: # 1 Memorandum / Brief, # 2 Exhibit A-Sampson Certified Policy, # 3 Exhibit B-Sampson CCC Report, # 4 Exhibit C-Nichols Certified Policy, # 5 Exhibit D-Nichols CCC Report, # 6 Exhibit E-Kelley Blue Book, # 7 Exhibit F-NADA)(Attorney Christopher P Ieyoub added to party U S A A Casualty Insurance Co(pty:dft))(aty,Ieyoub, Christopher) (Entered: 09/11/2019)
8/29/2019
  • OrderGranted
ORDER granting 4 Motion for Extension of Motion to Suspend LR 23.1 Ninety Day Class Certification and is hereby suspended. Signed by Magistrate Judge Carol B Whitehurst on 8/29/2019. (crt,JonesSld, P) (Entered: 08/29/2019)
8/29/2019WAIVER OF SERVICE Returned Executed by Arthur Sampson, Jr, Connie Nichols. U S A A Casualty Insurance Co waiver sent on 7/18/2019, answer due 9/16/2019. (aty,St Pe, Kenneth) (Entered: 08/29/2019)
8/28/2019
  • Motion
MOTION FOR EXTENSION of Motion to Suspend LR 23.1 Ninety Day Class Certification Deadline with consent by Connie Nichols, Arthur Sampson, Jr. Motions referred to Carol B Whitehurst. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order)(aty,St Pe, Kenneth) (Entered: 08/28/2019)
7/12/2019SUMMONS ISSUED as to U S A A Casualty Insurance Co (crt,JonesSld, P) (Entered: 07/12/2019)
7/12/2019CASE Assigned to Judge James D Cain, Jr and Magistrate Judge Carol B Whitehurst. (crt,JonesSld, P) (Entered: 07/12/2019)
7/12/2019CORRECTIVE DOCUMENT entitled Complaint for Property Damages, Penalties, Attorney's Fees and For Class Certification filed by Connie Nichols, Arthur Sampson, Jr. regarding 1 Complaint, correcting caption to indicate proper defendant. (Attachments: # 1 Civil cover sheet)(aty,St Pe, Kenneth) Modified on 7/12/2019 to edit text (JonesSld, P). (Entered: 07/12/2019)
7/12/2019
  • Complaint
COMPLAINT For Property Damages, Penalties, Attorney's Fees and For Class Certification against U S A A Casualty Insurance Co with Jury Demand SEE Corrective Document 2 for corrected caption and Civil Cover Sheet with correctly named defendant (Filing fee $400, receipt number 0536-3995765) filed by Arthur Sampson, Jr., Connie Nichols. (Attachments: # 1 Civil cover sheet)(Attorney Kenneth D St Pe added to party Connie Nichols and Arthur Sampson, Jr.(pty:pla))(aty,St Pe, Kenneth) Modified on 7/12/2019 to edit text and add document relation for corrected caption (JonesSld, P). (Entered: 07/12/2019)