Case details

Court: laed
Docket #: 2:08-cv-04325
Case Name: Patton v. Shaw Services, LLC
PACER case #: 128012
Date filed: 2008-09-08
Date terminated: 2010-03-25
Assigned to: Judge Carl Barbier
Referred to: Magistrate Judge Sally Shushan
Case Cause: 31:3729 False Claims Act
Nature of Suit: 890 Other Statutory Actions
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
John Patton
Plaintiff
ex rel United States		 
John Courtney Wilson
J. Courtney Wilson, Attorney at Law
1510 Veterans Blvd.
Metairie, LA 70005
(504)832-0585 or 782-8432
Email: cwilson@courtlaw.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Shaw Services, LLC
Defendant
 
Michael Fredrick Weiner
Michael F. Weiner, Attorney at Law
510 N. Jefferson Ave.
Covington, LA 70433
985-875-7710
Email: mweiner@mfweiner.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sandra S. Varnado
Baker Donelson Bearman Caldwell & Berkowitz (Mandeville)
#3 Sanctuary Blvd.
Suite 201
Mandeville, LA 70471
985-819-8414
Email: svarnado@bakerdonelson.com
ATTORNEY TO BE NOTICED
United States of America
Movant
 
Sharon Denise Smith
U. S. Attorney's Office (New Orleans)
650 Poydras St.
Suite 1600
New Orleans, LA 70130
504-680-3000
Email: sharon.d.smith@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-09-08 1 0 COMPLAINT with Jury Demand against Shaw Services, LLC filed by John Patton. (Attachments: # 1 Civil Cover Sheet)(sek, ) (Entered: 09/09/2008)
2009-06-29 6 0 NOTICE OF ELECTION TO DECLINE INTERVENTION by United States of America. (sek, ) (Entered: 07/09/2009)
2009-07-08 7 0 ORDERED that complaint be unsealed & served upon defendant by relator; all other contents of the Court's file in this action remain under seal, except for this order & the Government's Notice of Election to Decline Intervention; the seal be lifted as to all other matters occurring after the date of this order; parties shall serve all pleadings upon the USA; should the relator or defendant move for dismissal or settlement or case otherwise discontinued, the Court will solicit the written consent of USA re same. Signed by Judge Carl Barbier on 7/7/09.(sek, ) (Entered: 07/09/2009)
2009-07-09 8 0 Summons Issued as to Shaw Services, LLC. (sek, ) (Entered: 07/09/2009)
2009-07-09 9 0 Letter to Attorney, John Courtney Wilson from EDLA dated 7/9/09 re service of summons. (sek, ) (Entered: 07/09/2009)
2009-09-08 10 0 NOTICE: Docket Call set for 12/16/2009 09:30 AM before Judge Carl Barbier, by Clerk.(mmm, ) (Entered: 09/08/2009)
2009-10-19 11 0 EXPARTE/CONSENT MOTION for Extension of Time to Answer Complaint by Shaw Services, LLC. (Attachments: # 1 Proposed Order)(Varnado, Sandra) (Entered: 10/19/2009)
2009-10-21 12 0 ORDER granting 11 Motion for Extension of Time to Answer re 1 Complaint as to Shaw Services, LLC answer due 11/10/2009. Signed by Judge Carl Barbier on 10/20/2009. (mmm, ) (Entered: 10/21/2009)
2009-11-10 13 0 MOTION to Dismiss Retaliation Claim or Alternatively, Motion for Partial Summary Judgment on Retaliation Claim by Shaw Services, LLC. Motion Hearing set for 11/25/2009 09:30 AM before Judge Carl Barbier. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit B-1, # 5 Exhibit B-2, # 6 Exhibit B-3, # 7 Exhibit B-4, # 8 Exhibit B-5, # 9 Exhibit C, # 10 Statement of Contested/Uncontested Facts, # 11 Notice of Hearing)(Varnado, Sandra) Modified on 11/12/2009 to correct hearing time (sek, ). (Entered: 11/10/2009)
2009-11-10 14 0 MOTION to Dismiss False Claims Act Claim/Motion for Summary Judgment by Shaw Services, LLC. Motion Hearing set for 11/25/2009 09:30 AM before Judge Carl Barbier. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing)(Varnado, Sandra) Modified on 2/23/2010 per Order filed 2/23/2010 (mmm, ). (Entered: 11/10/2009)
2009-11-12 15 0 Correction of Docket Entry by Clerk re 13 MOTION to Dismiss Retaliation Claim or Alternatively, Motion for Partial Summary Judgment on Retaliation Claim; Filing attorney selected incorrect hearing time. Correct hearing time is 9:30 A.M.; Clerk took corrective action. (sek, ) (Entered: 11/12/2009)
2009-11-12 16 0 EXPARTE/CONSENT MOTION for Leave to File Exhibit by Shaw Services, LLC. (Attachments: # 1 Exhibit C-1, # 2 Proposed Order)(Varnado, Sandra) (Entered: 11/12/2009)
2009-11-13 17 0 ORDER granting 16 Motion for Leave to File Exhibit C-1. Exhibit C-1, attached to Doc.16, is deemed part of 13 Motion to Dismiss Retaliation Claim. Signed by Judge Carl Barbier on 11/13/2009. (mmm, ) (Entered: 11/13/2009)
2009-11-16 18 0 EXPARTE/CONSENT MOTION to Continue Defendant's Motion to Dismiss False Acts Count by John Patton. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Wilson, John) (Entered: 11/16/2009)
2009-11-16 19 0 EXPARTE/CONSENT MOTION to Continue Motion to Dismiss Retaliation Claim by John Patton. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Wilson, John) (Entered: 11/16/2009)
2009-11-17 20 0 ORDER continuing hearing on 14 MOTION to Dismiss False Claims Act Claim : Motion Hearing RESET for 1/20/2010 09:30 AM before Judge Carl Barbier. Signed by Judge Carl Barbier on 11/17/09.(sek, ) (Entered: 11/17/2009)
2009-11-17 21 0 ORDER continuing hearing on 13 MOTION to Dismiss Retaliation Claim or Alternatively, Motion for Partial Summary Judgment on Retaliation Claim : Motion Hearing RESET for 1/20/2010 09:30 AM before Judge Carl Barbier. Signed by Judge Carl Barbier on 11/17/09.(sek, ) (Entered: 11/17/2009)
2009-12-14 22 0 ORDERED that the call docket be cancelled, to be reset at a later date, if necessary. Signed by Judge Carl Barbier.(sek, ) (Entered: 12/14/2009)
2010-01-12 23 0 RESPONSE/MEMORANDUM in Opposition filed by John Patton re 13 MOTION to Dismiss False Claims Act Claim/MOTION for Partial Summary Judgment. (Wilson, John) (Additional attachment(s) added on 1/19/2010: # 1 Statement of Contested/Uncontested Facts) (sek, ). Modified on 1/19/2010 to correct image & text(sek, ). (Entered: 01/12/2010)
2010-01-19 24 0 Correction of Docket Entry by Clerk re 23 Response/Memorandum in Opposition to Motion to dismiss/Motion for Partial Summary Judgment; DOCUMENT NO LONGER DEEMED DEFICIENT; Filing attorney incorrectly linked document to document _14__. Clerk properly linked document to document _13__. IMAGE & TEXT corrected. (sek, ) (Entered: 01/19/2010)
2010-01-20 25 0 EXPARTE/CONSENT MOTION to Continue Motion to Dismiss FCA Count by John Patton. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Wilson, John) Modified text on 1/20/2010 (sek, ). (Entered: 01/20/2010)
2010-01-20 26 0 Correction of Docket Entry by Clerk re 25 MOTION for Extension of Deadlines file by John Patton; Filing attorney selected incorrect event. Correct event is MOTION TO CONTINUE. Clerk took corrective action by either re-docketing the event or changing the event. (sek, ) (Entered: 01/20/2010)
2010-01-21 27 0 ORDER granting 25 MOTION to Continue Hearing. Motion Hearing as to 14 MOTION to Dismiss False Claims Act Claim reset without oral argument for 2/3/2010. The Court will not continue this motion again. Signed by Judge Carl Barbier on 1/21/2010.(mmm, ) (Entered: 01/21/2010)
2010-01-21 28 0 EXPARTE MOTION for Leave to File Reply Brief by Shaw Services, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Varnado, Sandra) Modified on 1/22/2010 to correct text(mmm, ). (Entered: 01/21/2010)
2010-01-22 29 0 Correction of Docket Entry by Clerk re 28 MOTION for Leave to File Reply Brief. Filing attorney should have changed 'N' to 'Y' at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text to reflect 'Exparte'. (mmm, ) (Entered: 01/22/2010)
2010-01-22 30 0 ORDER granting 28 Motion for Leave to File Reply Brief. Signed by Judge Carl Barbier on 1/22/2010. (mmm, ) (Entered: 01/22/2010)
2010-01-22 31 0 REPLY to Response to Motion filed by Shaw Services, LLC re 13 MOTION to Dismiss Retaliation Claim or Alternatively, Motion for Partial Summary Judgment on Retaliation Claim. (mmm, ) (Entered: 01/22/2010)
2010-02-01 32 0 RESPONSE/MEMORANDUM in Opposition filed by John Patton re 14 MOTION to Dismiss False Claims Act Claim. (Attachments: # 1 Affidavit Plaintiff Declaration, p. 1, # 2 Affidavit Plaintiff's Declaration, p. 2, # 3 Exhibit Amer Concrete Inst p. 1, # 4 Exhibit Amer Conc Inst p. 2, # 5 Exhibit Design p. 1, # 6 Exhibit Design p. 2, # 7 Exhibit Design p. 3)(Wilson, John) (Entered: 02/01/2010)
2010-02-04 33 0 EXPARTE/CONSENT MOTION for Leave to File Reply Brief in Opposition to Motion to Dismiss False Claims Act Count of John Patton by Shaw Services, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Reply Brief)(Varnado, Sandra) (Entered: 02/04/2010)
2010-02-05 34 0 ORDER granting 33 Motion for Leave to File Reply Brief. Signed by Judge Carl Barbier on 2/5/2010. (mmm, ) (Entered: 02/08/2010)
2010-02-05 35 0 REPLY to Response to Motion filed by Shaw Services, LLC re 14 MOTION to Dismiss False Claims Act Claim. (mmm, ) (Entered: 02/08/2010)
2010-02-23 36 0 ORDER re 14 MOTION to Dismiss False Claims Act Claims. The parties have an additional 14 days from the date of this order to supplement their briefing for Defendant's Motion to Dismiss False Claims Act Claims which is hereby converted into a Motion for Summary Judgment. Signed by Judge Carl Barbier on 2/22/2010.(mmm, ) (Entered: 02/23/2010)
2010-03-04 37 0 DEFICIENT: EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to Order, Record Doc 36 by John Patton. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Wilson, John) Modified on 3/5/2010 (mmm, ). (Entered: 03/04/2010)
2010-03-08 38 0 DEFICIENT: EXPARTE/CONSENT Amended MOTION for Extension of Time to File Response/Reply as to Notice of Deficient Filing,, 36 Order, by John Patton. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Wilson, John) Modified on 3/8/2010 (sek, ). (Entered: 03/08/2010)
2010-03-08 39 0 Supplemental Memorandum by Shaw Services, LLC in Support of 14 Motion to Dismiss (Converted to Motion for Summary Judgment) (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, Part 1, # 6 Exhibit A-4, Part 2)(Varnado, Sandra) Modified on 3/9/2010 to add link(mmm, ). (Entered: 03/08/2010)
2010-03-08 40 0 DEFICIENT: Supplemental Memorandum filed by John Patton, in Opposition of 13 MOTION to Dismiss Retaliation Claim or Alternatively, Motion for Partial Summary Judgment on Retaliation Claim. (Attachments: # 1 Affidavit of Ladd Ehlinger, # 2 Exhibit CV of Ladd Ehlinger, # 3 Exhibit 5 year project list of Ehlinger, # 4 Exhibit Other projects of Ehlinger, # 5 Exhibit Fee schedule of Ehlinger)(Wilson, John) Modified on 3/9/2010 (mmm, ). (Entered: 03/08/2010)
2010-03-08 41 0 DEFICIENT: EXPARTE/CONSENT MOTION for Extension of Time to File Exhibits to Ehlinger affidavit by John Patton. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Wilson, John) Modified on 3/9/2010 (mmm, ). (Entered: 03/08/2010)
2010-03-09 42 0 Correction of Docket Entry by Clerk re 39 Supplemental Memorandum. Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' OR by selecting a related document on other appropriate screen. Clerk took corrective action by linking document 39 to document 14. (mmm, ) (Entered: 03/09/2010)
2010-03-09 43 0 EXPARTE/CONSENT MOTION for Leave to File Exhibits to Ehlinger affidavit (A-J) by John Patton. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit to Affidavit of Erlinger)(Wilson, John) (Entered: 03/09/2010)
2010-03-10 44 0 ORDER granting 43 Motion for Leave to File Exhibits. Signed by Judge Carl Barbier on 3/10/2010. (mmm, ) (Entered: 03/10/2010)
2010-03-23 45 0 ORDER AND REASONS granting 13 Motion to Dismiss Retaliation Claim or Alternatively, Motion for Partial Summary Judgment; and granting 14 Motion to Dismiss False Claims Act Claim. Signed by Judge Carl Barbier on 3/23/2010. (mmm, ) (Entered: 03/23/2010)
2010-03-25 46 0 JUDGMENT entered in favor of Shaw Services, LLC against John Patton. Signed by Judge Carl Barbier on 3/25/2010.(mmm, ) (Entered: 03/25/2010)
2010-04-21 47 0 NOTICE OF APPEAL by John Patton as to 46 Judgment. (Filing fee $ 455, receipt number 053L-2402212.) (Wilson, John) (Entered: 04/21/2010)
2010-04-22 48 0 Correction of Docket Entry by Clerk re 47 Notice of Appeal. Document does not contain Magistrate Judge. All future pleadings must reflect Magistrate Judge (1) Sally Shushan. (mmm, ) (Entered: 04/22/2010)
2010-04-27 50 0 Certified and Transmitted Record on Appeal to US Court of Appeals re 47 Notice of Appeal. USCA Case Number 10-30376. (mmm, ) (Entered: 04/28/2010)
2010-05-03 51 0 APPEAL TRANSCRIPT REQUEST by John Patton re 47 Notice of Appeal: Transcript is unnecessary for appeal purposes. (mmm, ) (Entered: 05/04/2010)
2010-05-18 52 0 Appeal Record on Loan re 47 Notice of Appeal - 1 Volume of Original Record. (sek, ) (Entered: 05/20/2010)
2011-04-11 53 0 USCA JUDGMENT issued as mandate on 4/8/2011 as to 47 Notice of Appeal filed by John Patton. USCA judge name: KING, DAVIS, SOUTHWICK. ORDERED: The Judgment of the District Court is Affirmed. FURTHER ORDERED: Plaintiff-appellant pay to defendant-appellee the costs on appeal to be taxed by USCA Clerk. (Attachments: # 1 Opinion)(mmm, ) (Entered: 04/12/2011)
2011-04-08 54 0 Appeal Record Returned (original exhibits and/or non-electronic documents) from U.S. Court of Appeals: 47 Notice of Appeal (mmm, ) (Entered: 04/12/2011)