Case docket: Walton v. E S & H, INC.

Case details

Court:	laed
Docket #:	2:11-cv-01819
Case Name:	Walton v. E S & H, INC.
PACER case #:	147065
Date filed:	2011-07-27
Date terminated:	2013-11-05
Assigned to:	Judge Kurt D. Engelhardt
Referred to:	Magistrate Judge Joseph C. Wilkinson, Jr
Case Cause:	00:0000 Cause Code Unknown
Nature of Suit:	340 Marine
Jury Demand:	Both
Jurisdiction:	Federal Question

Parties

Represented Party	Attorney & Contact Info
Tyrone Walton Plaintiff	Berney Leopold Strauss Strauss & King 406 Magazine Street Suite 300 New Orleans, LA 70130 (504) 523-0033 Email: berneylstrauss@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Rhett Emerson King Strauss & King 406 Magazine Street Suite 300 New Orleans, LA 70130 (504) 523-0033 Email: rhettking@straussandking.com ATTORNEY TO BE NOTICED
Argonaut Insurance Company Intervenor	Sidney Jay Hardy McCranie, Sistrunk, Anzelmo, Hardy (New Orleans) 909 Poydras Street Suite 1000 New Orleans, LA 70112 504-846-8407 Fax: 800-977-8810 Email: shardy@mcsalaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED George S. McCall Sedgwick, Detert, Moran & Arnold (Dallas) 1717 Main Street Suite 5400 Dallas, TX 75201 469-227-8200 Email: george.mccall@sedgwicklaw.com PRO HAC VICE ATTORNEY TO BE NOTICED Joseph Baker Guilbeau Juge, Napolitano, Guilbeau, Ruli, Frieman & Whiteley 3320 W. Esplanade Ave. North Metairie, LA 70002 504-831-7270 Fax: 504-831-7284 Email: jguilbeau@wcdefense.com TERMINATED: 07/23/2012 Lisa M. Henderson Sedgwick, Detert, Moran & Arnold (Dallas) 1717 Main Street Suite 5400 Dallas, TX 75201 469-227-8200 Email: lisa.henderson@sedgwicklaw.com PRO HAC VICE ATTORNEY TO BE NOTICED
Markel American Insurance Company Intervenor Plaintiff	Gerald A. Melchiode Galloway, Johnson, Tompkins, Burr & Smith (New Orleans) One Shell Square 701 Poydras St. 40th Floor New Orleans, LA 70139 504-525-6802 Email: jmelchiode@gjtbs.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Benjamin R. Grau Galloway, Johnson, Tompkins, Burr & Smith (New Orleans) One Shell Square 701 Poydras St. 40th Floor New Orleans, LA 70139 504-525-6802 Email: bgrau@gjtbs.com ATTORNEY TO BE NOTICED Jeffery Bryan Struckhoff Galloway, Johnson, Tompkins, Burr & Smith (New Orleans) One Shell Square 701 Poydras St. 40th Floor New Orleans, LA 70139 504-52506802 Email: jstruckhoff@gjtbs.com ATTORNEY TO BE NOTICED Jennifer Cooper Thomas Casler, Bordelon & Lawler 2450 Severn Ave. Suite 200 Metairie, LA 70001 504-434-3111 Email: jenny_c_thomas@progressive.com ATTORNEY TO BE NOTICED
E S & H, INC. Defendant	Robert Seth Reich Reich, Album & Plunkett, LLC Two Lakeway Center 3850 N. Causeway Blvd. Suite 1000 Metairie, LA 70002 (504) 830-3999 Email: rreich@rapllclaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Christy L. Johnson Brown Sims, PC (New Orleans) 650 Poydras St. Poydras Center, Suite 2200 New Orleans, LA 70130 504-569-1007 Email: cjohnson@brownsims.com ATTORNEY TO BE NOTICED
Florida Marine, LLC Defendant TERMINATED: 05/04/2012	Anthony John Staines Staines & Eppling (Metairie) 3500 N. Causeway Blvd. Suite 820 Metairie, LA 70002 504-838-0019 Email: tony@staines-eppling.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason R. Kenney Staines & Eppling (Metairie) 3500 N. Causeway Blvd. Suite 820 Metairie, LA 70002 504-838-0019 Email: jason@staines-eppling.com ATTORNEY TO BE NOTICED Ashley E. Boyd Staines & Eppling (Metairie) 3500 N. Causeway Blvd. Suite 820 Metairie, LA 70002 504-838-0019 Email: ashley@staines-eppling.com ATTORNEY TO BE NOTICED
McGee's Landing, Inc. Defendant	John William Waters , Jr. Bienvenu, Foster, Ryan & O'Bannon 1010 Common St. Suite 2200 New Orleans, LA 70112-2401 504-581-2146/504-310-1500 Email: jwaters@bfrob.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Kristin Grace Mosely-Jones Bienvenu, Foster, Ryan & O'Bannon 1010 Common St. Suite 2200 New Orleans, LA 70112-2401 504-310-1500 Email: kmosely@bfrob.com ATTORNEY TO BE NOTICED
Markel American Insurance Company Defendant	Gerald A. Melchiode (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Benjamin R. Grau (See above for address) ATTORNEY TO BE NOTICED Jeffery Bryan Struckhoff (See above for address) ATTORNEY TO BE NOTICED Jennifer Cooper Thomas (See above for address) ATTORNEY TO BE NOTICED
Tyrone Walton Intervenor Defendant
Gary Parker Intervenor Defendant Dr. TERMINATED: 07/25/2013
McGee's Landing, Inc. Intervenor Defendant	John William Waters , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeremy Ashley Hebert Becker & Associates 910 Harding St. Lafayette, LA 70503 337-233-1987 Email: jeremy@lawbecker.com ATTORNEY TO BE NOTICED
ES&H, Inc. Intervenor Defendant	Robert Seth Reich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Christy L. Johnson (See above for address) ATTORNEY TO BE NOTICED
Florida Marine, LLC Intervenor Defendant	Anthony John Staines (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason R. Kenney (See above for address) ATTORNEY TO BE NOTICED Ashley E. Boyd (See above for address) ATTORNEY TO BE NOTICED
Florida Marine, LLC Counter Claimant	Anthony John Staines (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason R. Kenney (See above for address) ATTORNEY TO BE NOTICED Ashley E. Boyd (See above for address) ATTORNEY TO BE NOTICED
E S & H, INC. Third Party Plaintiff	Robert Seth Reich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Christy L. Johnson (See above for address) ATTORNEY TO BE NOTICED
McGee's Landing Third Party Defendant TERMINATED: 08/24/2012	John William Waters , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kristin Grace Mosely-Jones (See above for address) ATTORNEY TO BE NOTICED
Florida Marine, LLC Third Party Defendant	Anthony John Staines (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason R. Kenney (See above for address) ATTORNEY TO BE NOTICED Ashley E. Boyd (See above for address) ATTORNEY TO BE NOTICED
Florida Marine, LLC Cross Claimant	Anthony John Staines (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason R. Kenney (See above for address) ATTORNEY TO BE NOTICED Ashley E. Boyd (See above for address) ATTORNEY TO BE NOTICED
McGee's Landing Cross Defendant TERMINATED: 08/24/2012	John William Waters , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kristin Grace Mosely-Jones (See above for address) ATTORNEY TO BE NOTICED
Florida Marine, LLC Counter Claimant	Anthony John Staines (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason R. Kenney (See above for address) ATTORNEY TO BE NOTICED Ashley E. Boyd (See above for address) ATTORNEY TO BE NOTICED
Markel American Insurance Company Counter Defendant	Gerald A. Melchiode (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Benjamin R. Grau (See above for address) ATTORNEY TO BE NOTICED Jeffery Bryan Struckhoff (See above for address) ATTORNEY TO BE NOTICED Jennifer Cooper Thomas (See above for address) ATTORNEY TO BE NOTICED
McGee's Landing, Inc. Third Party Plaintiff	John William Waters , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeremy Ashley Hebert (See above for address) ATTORNEY TO BE NOTICED
Mike Huval Insurance Agency, L.L.C. Third Party Defendant	Charles M. Kreamer Allen & Gooch (Lafayette) 2000 Kaliste Saloom Rd., Suite 400 P. O. Box 81129 Lafayette, LA 70598-1129 337-291-1000 Email: charleskreamer@allengooch.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
McGee's Landing, Inc. Counter Claimant	John William Waters , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeremy Ashley Hebert (See above for address) ATTORNEY TO BE NOTICED
Markel American Insurance Company Counter Defendant	Gerald A. Melchiode (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Benjamin R. Grau (See above for address) ATTORNEY TO BE NOTICED Jeffery Bryan Struckhoff (See above for address) ATTORNEY TO BE NOTICED Jennifer Cooper Thomas (See above for address) ATTORNEY TO BE NOTICED

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
2011-07-27	1	0		COMPLAINT against E S & H, INC. (Filing fee $ 350 receipt number 053L-3128330) filed by Tyrone Walton. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(King, Rhett) (Main Document 1 replaced on 7/28/2011) (cab). (Entered: 07/27/2011)	2015-03-29 21:32:40	210f58e582287010153713f75f30d9c635ade1ab
	1	1	Civil Cover Sheet
	1	2	Summons
2011-07-27	2	0		*ERROR: COMPLAINT ATTACHED TO DOC. #1* COMPLAINT against E S & H, INC. (Fee previously paid) filed by Tyrone Walton.(King, Rhett) Modified on 7/28/2011 (cab). (Entered: 07/27/2011)
2011-07-28	3	0		Initial Case Assignment to Judge Kurt D. Engelhardt and Magistrate Judge Joseph C. Wilkinson, Jr. (mmf, ) (Entered: 07/28/2011)
2011-07-28	4	0		Summons Issued as to E S & H, INC.. (cab) (Entered: 07/28/2011)
2011-08-18	5	0		ANSWER to 1 Complaint with Jury Demand by E S & H, INC..(Reich, Robert) (Entered: 08/18/2011)
2011-08-24	6	0		NOTICE - Scheduling Conference set for 9/22/2011 11:15 AM before courtroom deputy by telephone, by Clerk.(cab) (Entered: 08/24/2011)
2011-09-15	7	0		EXPARTE/CONSENT MOTION for Leave to File Third Party Complaint by E S & H, INC.. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Third Party Complaint, # 3 Rule 37.a1 Certificate)(Reich, Robert) (Entered: 09/15/2011)
2011-09-16	8	0		ORDER granting 7 Motion for Leave to File Third Party Complaint. Signed by Judge Kurt D. Engelhardt on 9/16/2011. (cab) (Entered: 09/19/2011)
2011-09-16	9	0		THIRD PARTY COMPLAINT with Jury Demand against McGee's Landing, Florida Marine, LLC filed by E S & H, INC..(cab) (Entered: 09/19/2011)
2011-09-19	10	0		Summons Issued as to Florida Marine, LLC, McGee's Landing on the Third Party Complaint. (Attachments: # 1 Summons)(cab) (Entered: 09/19/2011)
2011-09-21	11	0		SUMMONS Returned Executed; Florida Marine, LLC served on 9/21/2011, answer due 10/12/2011. (Reich, Robert) (Entered: 09/21/2011)
2011-09-23	12	0		NOTICE - Scheduling Conference set for 10/27/2011 11:15 AM before courtroom deputy by telephone, by Clerk.(cab) (Entered: 09/23/2011)
2011-09-23	13	0		SUMMONS Returned Executed; McGee's Landing served on 9/22/2011, answer due 10/13/2011. (Reich, Robert) (Entered: 09/23/2011)
2011-10-05	14	0		Statement of Corporate Disclosure by E S & H, INC. (Reich, Robert) (Entered: 10/05/2011)
2011-10-18	15	0		ANSWER to 9 Third Party Complaint with Jury Demand by McGee's Landing.(Waters, John) (Entered: 10/18/2011)
2011-10-18	16	0		Statement of Corporate Disclosure by McGee's Landing (Waters, John) (Entered: 10/18/2011)
2011-11-01	17	0		SCHEDULING ORDER: Final Pretrial Conference set for 7/12/2012 09:00 AM before Judge Kurt D. Engelhardt. Jury Trial set for 7/23/2012 08:30 AM before Judge Kurt D. Engelhardt. Signed by Judge Kurt D. Engelhardt on 10/28/2011. (Attachments: # 1 Pretrial Notice Form) (NEF: Magistrate Judge Wilkinson)(cab) (Entered: 11/01/2011)
2011-11-03	18	0		ANSWER to 9 Third Party Complaint and, CROSSCLAIM against McGee's Landing by Florida Marine, LLC.(Boyd, Ashley) (Entered: 11/03/2011)
2011-11-03	19	0		ANSWER to 1 Complaint by Florida Marine, LLC.(Boyd, Ashley) (Entered: 11/03/2011)
2011-11-04	20	0		Correction of Docket Entry by Clerk re 18 Answer to Third Party Complaint, Crossclaim, 19 Answer to Complaint ; Document contains incorrect Section. All future pleadings must reflect Section "N". (cab) (Entered: 11/04/2011)
2011-11-08	21	0		Statement of Corporate Disclosure by Florida Marine, LLC (Boyd, Ashley) (Entered: 11/08/2011)
2011-11-28	22	0		MOTION for Leave to File Intervention by Argonaut Insurance Company. Motion(s) referred to Joseph C. Wilkinson, Jr.. Motion set for 12/28/2011 11:00 AM before Magistrate Judge Joseph C. Wilkinson Jr.. (Attachments: # 1 Memorandum in Support, # 2 Certificate, # 3 Notice of Submission, # 4 Proposed Pleading Complaint of Intervention)(Guilbeau, Joseph) Modified on 11/29/2011 to edit text (cab). Modified on 12/19/2011 to edit text (cab). (Entered: 11/28/2011)
2011-11-29	23	0		Correction of Docket Entry by Clerk re 22 MOTION for Leave to File Intervention ; Document contains incorrect Section. All future pleadings must reflect Section "N". (cab) (Entered: 11/29/2011)
2011-12-15	24	0		*DEFICIENT* MOTION for Leave to File Complaint of Intervention by Markel American Insurance Company. Motion(s) referred to Joseph C. Wilkinson, Jr. Motion set for 1/4/2012 11:00 AM before Magistrate Judge Joseph C. Wilkinson Jr.. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading, # 3 Notice of Submission)(Grau, Benjamin) Modified on 12/16/2011 (cab). (Entered: 12/15/2011)
2011-12-16	25	0		MOTION for Leave to File Complaint of Intervention by Markel American Insurance Company. Motion(s) referred to Joseph C. Wilkinson, Jr. Motion set for 1/4/2012 11:00 AM before Magistrate Judge Joseph C. Wilkinson Jr.. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading, # 3 Notice of Submission, # 4 Local Rule 7.6 Certificate)(Grau, Benjamin) (Entered: 12/16/2011)
2011-12-28	26	0		ORDER granting 22 Motion for Leave to File. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (car, ) (Entered: 12/28/2011)
2011-12-28	27	0		Intervenor COMPLAINT filed by Argonaut Insurance Company.(car, ) (Entered: 12/28/2011)
2012-01-04	28	0		ORDER granting 25 Motion for Leave to File. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (car, ) (Entered: 01/04/2012)
2012-01-04	29	0		Intervenor COMPLAINT filed by Markel American Insurance Company.(car, ) (Entered: 01/04/2012)
2012-01-05	30	0		ANSWER to 27 Intervenor Complaint with Jury Demand by ES&H, Inc..(Reich, Robert) Modified on 1/6/2012 to edit text (cab). (Entered: 01/05/2012)
2012-01-06	31	0		ANSWER to 29 Intervenor Complaint with Jury Demand by ES&H, Inc..(Reich, Robert) (Entered: 01/06/2012)
2012-01-19	32	0		ANSWER to 29 Intervenor Complaint of Markel American Insurance Company, COUNTERCLAIM against Markel American Insurance Company by Florida Marine, LLC, Florida Marine.(Boyd, Ashley) Modified on 1/23/2012 to edit text (cab). (Entered: 01/19/2012)
2012-01-23	33	0		*DEFICIENT* Request of Summons Issued as to Gary Parker filed by Markel American Insurance Company re 29 Intervenor Complaint. (Cooper, Jennifer) Modified on 1/24/2012 (cab). (Entered: 01/23/2012)
2012-01-25	34	0		Request of Summons Issued as to Gary Parker filed by Markel American Insurance Company re 29 Intervenor Complaint. (Attachments: # 1 Summons)(Cooper, Jennifer) (Entered: 01/25/2012)
2012-01-27	35	0		Summons Issued as to Gary Parker on the Intervenor Complaint. (cab) (Entered: 01/26/2012)
2012-01-26	36	0		Request of Summons Issued as to Tyrone Walton filed by Markel American Insurance Company re 29 Intervenor Complaint. (Attachments: # 1 Summons)(Cooper, Jennifer) (Entered: 01/26/2012)
2012-01-26	37	0		Request of Summons Issued as to McGee's Landing filed by Markel American Insurance Company re 29 Intervenor Complaint. (Attachments: # 1 Summons)(Cooper, Jennifer) (Entered: 01/26/2012)
2012-01-27	38	0		Summons Issued as to Tyrone Walton on the Intervenor Complaint. (cab) (Entered: 01/27/2012)
2012-01-27	39	0		Summons Issued as to McGee's Landing, Inc. on the Intervenor Complaint. (cab) (Entered: 01/27/2012)
2012-01-27	40	0		ANSWER to 18 Crossclaim by McGee's Landing. (Attachments: # 1 Exhibit Charter Agreement, # 2 Exhibit Incident Report)(Mosely-Jones, Kristin) Modified on 1/30/2012 to edit text (cab). (Entered: 01/27/2012)
2012-02-09	41	0		ORDER - Settlement Conference set for 5/2/2012 03:00 PM before Magistrate Judge Joseph C. Wilkinson Jr. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (NEF - J. Engelhardt)(car, ) (Entered: 02/09/2012)
2012-02-09	42	0		ANSWER to 32 Florida Marine's Counterclaim by Markel American Insurance Company.(Cooper, Jennifer) Modified on 2/10/2012 to edit text (cab). (Entered: 02/09/2012)
2012-02-15	43	0		Statement of Corporate Disclosure by Markel American Insurance Company identifying Corporate Parent Markel Corporation for Markel American Insurance Company (Cooper, Jennifer) Modified on 2/16/2012 (cab). (Entered: 02/15/2012)
2012-02-28	44	0		SUMMONS Returned Executed; Gary Parker served on 1/31/2012, answer due 2/22/2012. (Cooper, Jennifer) (Entered: 02/28/2012)
2012-02-28	45	0		SUMMONS Returned Executed; Tyrone Walton served on 1/31/2012, answer due 2/22/2012. (Cooper, Jennifer) (Entered: 02/28/2012)
2012-02-29	46	0		SUMMONS Returned Executed; McGee's Landing served on 2/23/2012, answer due 3/15/2012. (Cooper, Jennifer) (Entered: 02/29/2012)
2012-04-05	47	0		MOTION for Summary Judgment by Florida Marine, LLC. Motion set for 5/2/2012 09:30 AM before Judge Kurt D. Engelhardt. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Statement of Contested/Uncontested Facts, # 9 Notice of Submission)(Boyd, Ashley) (Entered: 04/05/2012)
2012-04-05	48	0		*DEFICIENT* EXPARTE/CONSENT MOTION for Leave to File First Supplemental Answer by Florida Marine, LLC. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Proposed Pleading, # 4 Appendix To Proposed Pleading)(Boyd, Ashley) Modified on 4/6/2012 (cab). (Entered: 04/05/2012)
2012-04-09	49	0		MOTION for Leave to File First Supplemental Answer to Third-Party Complaint and Cross-Claim by Florida Marine, LLC. Motion(s) referred to Joseph C. Wilkinson, Jr.. Motion set for 5/2/2012 11:00 AM before Magistrate Judge Joseph C. Wilkinson Jr.. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission, # 4 Proposed Pleading, # 5 Exhibit A)(Boyd, Ashley) Modified on 4/10/2012 to edit text (cab). (Entered: 04/09/2012)
2012-04-10	50	0		Correction of Docket Entry by Clerk re 49 MOTION for Leave to File First Supplemental Answer to Third-Party Complaint and Cross-Claim; Filing attorney should have selected 'No' at the question 'Is this an Exparte/Consent Motion Y/N?. This motion needs to be Noticed for Submission. This motion has been set for 5/2/2012 11:00 AM before Magistrate Judge Joseph C. Wilkinson Jr.. (cab) (Entered: 04/10/2012)
2012-04-12	51	0		EXPARTE/CONSENT MOTION to Continue Trial by Tyrone Walton. (Attachments: # 1 Proposed Order)(King, Rhett) Modified text on 4/13/2012 (gec, ). (Entered: 04/12/2012)
2012-04-12	52	0		EXPARTE/CONSENT MOTION for Leave to File First Amended and Supplemental Complaint by Tyrone Walton. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading First Amended and Supplemental Complaint, # 3 Summons, # 4 Summons)(King, Rhett) (Entered: 04/12/2012)
2012-04-12	53	0		EXPARTE/CONSENT MOTION to Dismiss Party Without Prejudice by Tyrone Walton. (Attachments: # 1 Proposed Order)(King, Rhett) (Entered: 04/12/2012)
2012-04-13	54	0		Correction of Docket Entry by Clerk re 51 MOTION to Continue, 52 MOTION for Leave to File, 53 MOTION to Dismiss Party . Documents contain incorrect Section. All future pleadings must reflect Section "N" . (gec, ) Modified text on 4/13/2012 (gec, ). (Entered: 04/13/2012)
2012-04-21	55	0		Witness and Exhibit List by McGee's Landing. (Waters, John) (Entered: 04/21/2012)
2012-04-23	56	0		Witness and Exhibit List by Argonaut Insurance Company. (Guilbeau, Joseph) (Entered: 04/23/2012)
2012-04-23	57	0		Witness and Exhibit List by Markel American Insurance Company. (Cooper, Jennifer) (Entered: 04/23/2012)
2012-04-24	58	0		EXPARTE/CONSENT MOTION to Dismiss Party Florida Marine by Tyrone Walton and E S & H, INC.. (Attachments: # 1 Proposed Order)(King, Rhett) Modified on 4/25/2012 to edit text (cab). (Entered: 04/24/2012)
2012-04-24	59	0		ORDER - IT IS ORDERED that Plaintiff's Motion for Leave to File First Amended and Supplemental Complaint 52 and Plaintiff's Motion to Dismiss Defendant E S & H, Inc. without prejudice 53 are GRANTED. IT IS FURTHER ORDERED that Plaintiff's Motion to Continue Trial 51 is GRANTED. The Court finds, based on representations of counsel, that the delay is justified and not interposed for dilatory purposes. The Courtroom Deputy is instructed to promptly schedule a telephone conference with all counsel for purposes of scheduling a new trial date and deadlines. Signed by Judge Kurt D. Engelhardt on 4/24/2012.(cab) (Entered: 04/24/2012)
2012-04-24	60	0		First AMENDED and SUPPLEMENTAL COMPLAINT with Jury Demand against McGee's Landing, Inc. and Markel American Insurance Company filed by Tyrone Walton.(cab) (Entered: 04/24/2012)
2012-04-25	61	0		Summons Issued as to Markel American Insurance Company and McGee's Landing, Inc. on the First Amended and Supplemental Complaint. (Attachments: # 1 Summons)(cab) (Entered: 04/25/2012)
2012-05-02	62	0		ORDER postponing the 5/2/12 Settlement Conference. Signed by Magistrate Judge Joseph C. Wilkinson, Jr.(NEF J. Engelhardt)(car, ) (Entered: 05/02/2012)
2012-05-02	63	0		ANSWER to 60 First Amended and Supplemental Complaint with Jury Demand by Markel American Insurance Company.(Cooper, Jennifer) Modified on 5/3/2012 to edit text (cab). (Entered: 05/02/2012)
2012-05-02	64	0		ORDER granting 49 Motion for Leave to File. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (car, ) (Entered: 05/03/2012)
2012-05-02	65	0		Suppl ANSWER to 9 Third Party Complaint and Crossclaim, by Florida Marine, LLC.(car, ) (Attachment(s) added on 5/3/2012: # 1 Exhibit A) (car, ). (Entered: 05/03/2012)
2012-05-04	66	0		ORDER granting 58 Motion to Dismiss Party, Florida Marine, LLC. Signed by Judge Kurt D. Engelhardt on 5/3/2012. (cab) (Entered: 05/04/2012)
2012-05-24	67	0		NOTICE - Scheduling Conference set for 6/14/2012 11:00 AM before courtroom deputy by telephone, by Clerk.(cab) (Entered: 05/24/2012)
2012-06-12	68	0		ANSWER to 60 First Amended and Supplemental Complaint with Jury Demand by McGee's Landing, Inc..(Waters, John) Modified on 6/13/2012 to edit text (cab). (Entered: 06/12/2012)
2012-06-14	69	0		SCHEDULING ORDER: Final Pretrial Conference set for 2/21/2013 11:00 AM before Judge Kurt D. Engelhardt. Jury Trial set for 3/4/2013 08:30 AM before Judge Kurt D. Engelhardt. Signed by Judge Kurt D. Engelhardt on 6/14/2012. (Attachments: # 1 Pretrial Notice Form) (NEF: Magistrate Judge Wilkinson)(cab) (Entered: 06/14/2012)
2012-06-22	70	0		EXPARTE/CONSENT MOTION to Enroll Jeffrey B. Struckhoff as Additional Counsel of Record by Markel American Insurance Company. (Attachments: # 1 Proposed Order)(Grau, Benjamin) Modified on 6/25/2012 to edit text (cab). (Entered: 06/22/2012)
2012-06-25	71	0		Correction of Docket Entry by Clerk re 70 MOTION to Enroll Jeffrey B. Struckhoff as Additional Counsel of Record ; Filing attorney should have selected Yes at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text to reflect 'Exparte'. (cab) (Entered: 06/25/2012)
2012-06-25	72	0		ORDER granting 70 Motion to Enroll Attorney Jeffery Bryan Struckhoff as Additional Counsel of Record for Markel American Insurance Company. Signed by Judge Kurt D. Engelhardt on 6/25/2012. (cab) (Entered: 06/25/2012)
2012-07-19	73	0		EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Sidney J. Hardy to be substituted in place of Joseph B. Guilbeau by Argonaut Insurance Company. (Attachments: # 1 Proposed Pleading Order)(Hardy, Sidney) (Entered: 07/19/2012)
2012-07-23	74	0		ORDER granting 73 Motion to Substitute Attorney Sidney J. Hardy in place of Attorney Joseph Baker Guilbeau. Signed by Judge Kurt D. Engelhardt on 7/20/2012. (cab) (Entered: 07/23/2012)
2012-08-22	75	0		EXPARTE/CONSENT MOTION to Dismiss Party McGee's Landing, Inc. by Florida Marine, LLC. (Attachments: # 1 Proposed Order)(Staines, Anthony) (Entered: 08/22/2012)
2012-08-24	76	0		ORDER granting 75 Motion to Dismiss Party, McGee's Landing as Third Party Defendant and Cross Defendant. Signed by Judge Kurt D. Engelhardt on 8/23/2012. (cab) (Entered: 08/24/2012)
2012-10-19	77	0		STRICKEN: NOTICE to Take Deposition of Tyrone Walton by McGee's Landing, Inc.(Waters, John) Modified on 10/22/2012 (mmm). (Entered: 10/19/2012)
2012-10-22	78	0		Correction of Docket Entry by Clerk re 77 Notice to Take Deposition. Document has been stricken pursuant to Rule 5(d) of the FRCP. (mmm) (Entered: 10/22/2012)
2012-10-30	79	0		EXPARTE/CONSENT MOTION for Entry of Default as to Gary Parker by Markel American Insurance Company. (Attachments: # 1 Affidavit re Entry of Default, # 2 Summons, # 3 Proposed Order Entry of Default)(Struckhoff, Jeffery) (Attachment 1 replaced on 10/31/2012) (cab). (Entered: 10/30/2012)
2012-11-01	80	0		ORDER granting 79 Motion for Entry of Default as to defendant-in-intervention, Gary Parker. Signed by Deputy Clerk, Cherie Bourgeois on 11/1/2012. (cab) (Entered: 11/01/2012)
2012-11-05	81	0		DEFICIENT: EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 053L-3717113) by Argonaut Insurance Company. (Attachments: # 1 Affidavit, # 2 Appendix Good Standing Certificate, # 3 Proposed Order )(Hardy, Sidney) Modified on 11/6/2012 (mmm). (Entered: 11/05/2012)
2012-11-05	82	0		DEFICIENT: EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 053L-3717127) by Argonaut Insurance Company. (Attachments: # 1 Affidavit, # 2 Appendix Good Standing Certificate, # 3 Proposed Order)(Hardy, Sidney) Modified on 11/6/2012 (mmm). (Entered: 11/05/2012)
2012-11-06	83	0		DEFICIENT: EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Fee previously paid) by Argonaut Insurance Company. (Attachments: # 1 Affidavit, # 2 Appendix Certificate of Good Standing, # 3 Proposed Pleading)(Hardy, Sidney) Modified on 11/7/2012 (mmm). (Entered: 11/06/2012)
2012-11-06	84	0		DEFICIENT: EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Fee previously paid) by Argonaut Insurance Company. (Attachments: # 1 Affidavit, # 2 Appendix Certificate of Good Standing, # 3 Proposed Pleading)(Hardy, Sidney) Modified on 11/7/2012 (mmm). (Entered: 11/06/2012)
2012-11-23	85	0		Witness and Exhibit List by Markel American Insurance Company. (Struckhoff, Jeffery) (Entered: 11/23/2012)
2012-11-26	86	0		Witness and Exhibit List by Tyrone Walton. (King, Rhett) (Entered: 11/26/2012)
2012-11-27	87	0		Correction of Docket Entry by Clerk re 86 Witness and Exhibit List. Document contains incorrect Section. All future pleadings must reflect Section N. (mmm) (Entered: 11/27/2012)
2012-11-27	88	0		Witness and Exhibit List by Argonaut Insurance Company. (Hardy, Sidney) (Entered: 11/27/2012)
2012-12-04	89	0		EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Fee previously paid) by Argonaut Insurance Company. (Attachments: # 1 Affidavit, # 2 Appendix Certificate of Good Standing, # 3 Proposed Order)(Hardy, Sidney) (Entered: 12/04/2012)
2012-12-04	90	0		EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Fee previously paid) by Argonaut Insurance Company. (Attachments: # 1 Affidavit, # 2 Appendix Certificate of Good Standing, # 3 Proposed Order)(Hardy, Sidney) (Entered: 12/04/2012)
2012-12-04	91	0		ORDER granting 89 Motion to Appear Pro Hac Vice as to Lisa M. Henderson. Signed by Judge Kurt D. Engelhardt on 12/4/2012. (cab) (Entered: 12/04/2012)
2012-12-04	92	0		ORDER granting 90 Motion to Appear Pro Hac Vice as to George S. McCall. Signed by Judge Kurt D. Engelhardt on 12/4/2012. (cab) (Entered: 12/04/2012)
2012-12-12	93	0		ANSWER to 29 Intervenor Complaint with Jury Demand , THIRD PARTY COMPLAINT with Jury Demand against Mike Huval Insurance Agency, L.L.C., COUNTERCLAIM with Jury Demand against Markel American Insurance Company by McGee's Landing, Inc..(Hebert, Jeremy) (Entered: 12/12/2012)
2012-12-13	94	0		Summons Submitted for Issuance (Hebert, Jeremy) (Entered: 12/13/2012)
2012-12-14	95	0		Summons Issued as to Mike Huval Insurance Agency, L.L.C. (mmm) (Entered: 12/14/2012)
2013-01-02	96	0		ANSWER to 93 Answer to Intervenor Complaint, Third Party Complaint, Counterclaim,,, with Jury Demand by Markel American Insurance Company.(Struckhoff, Jeffery) (Entered: 01/02/2013)
2013-01-03	97	0		SUMMONS Returned Executed; Mike Huval Insurance Agency, L.L.C. served on 12/19/2012, answer due 1/9/2013. (Hebert, Jeremy) (Entered: 01/03/2013)
2013-01-07	98	0		EXPARTE/CONSENT MOTION for Extension of Time to Answer re 93 Third Party Complaint by Mike Huval Insurance Agency, L.L.C. (Attachments: # 1 Proposed Order)(Kreamer, Charles) (Entered: 01/07/2013)
2013-01-09	99	0		ORDER granting 98 Motion for Extension of Time to Answer re 93 Third Party Complaint, as to Mike Huval Insurance Agency, L.L.C.; answer due 1/31/2013. Signed by Judge Kurt D. Engelhardt on 1/9/2013. (cab) (Entered: 01/09/2013)
2013-01-23	100	0		ORDER - Counsel are reminded that the Court's June 14, 2012 Order 69 required them to contact the assigned magistrate judge's office to schedule a settlement conference that could be held on or before February 7, 2013. Therefore, counsel shall advise the Court, within seven (7) days, if the assigned magistrate judge can accommodate the parties and schedule a settlement conference by February 7, 2012, or before the February 21, 2013 pretrial conference date, and if so, the date of such conference, as stated within document. Signed by Judge Kurt D. Engelhardt on 1/23/2013.(cab) (Entered: 01/23/2013)
2013-01-25	101	0		ORDER: As ordered by Judge Engelhardt, Record Doc. No. 69, a Settlement Conference is set in this case on FEBRUARY 6, 2013 at 3:30 p.m. before the undersigned. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 1/25/13.(tbl) [NEF: Hon. Kurt D. Engelhardt] (Entered: 01/25/2013)
2013-01-30	102	0		MOTION to Strike 93 Third Party Complaint, by Mike Huval Insurance Agency, L.L.C. Motion set for 2/20/2013 09:30 AM before Judge Kurt D. Engelhardt. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Kreamer, Charles) Modified text on 1/30/2013 (mmm). (Entered: 01/30/2013)
2013-02-06	103	0		Minute Entry for proceedings held before Magistrate Judge Joseph C. Wilkinson, Jr: A settlement conference was conducted on this date before the undersignedmagistrate judge. No settlement was reached. (tbl) (Entered: 02/07/2013)
2013-02-13	104	0		EXPARTE/CONSENT Joint MOTION to Continue the March 4, 2013 trial date by McGee's Landing, Inc. and Tyrone Walton. (Attachments: # 1 Proposed Order)(Waters, John) Modified text/filers on 2/13/2013 (mmm). (Entered: 02/13/2013)
2013-02-13	105	0		Correction of Docket Entry by Clerk re 104 Joint MOTION to Continue the March 4, 2013 trial date. Document's signature line is either incomplete or blank. All future documents must reflect either an original signature or an electronic signature of the filing attorney following the format 's/ (attorney name)'. No further action is necessary. Filing attorney did not select Tyrone Walton as a filer(s). Clerk added filer. (mmm) (Entered: 02/13/2013)
2013-02-13	106	0		RESPONSE/MEMORANDUM in Opposition filed by McGee's Landing, Inc. re 102 MOTION to Strike 93 Answer to Intervenor Complaint, Third Party Complaint, Counterclaim,,, . (Hebert, Jeremy) (Entered: 02/13/2013)
2013-02-14	107	0		ORDER granting in part and denying in part 102 Motion to Strike Third Party Complaint and denying 104 Motion to Continue Trial, as stated within document. Signed by Judge Kurt D. Engelhardt on 2/14/2013. (cbs) (Entered: 02/14/2013)
2013-02-15	108	0		NOTICE - Scheduling Conference set for 2/20/2013 10:30 AM before courtroom deputy by telephone, by Clerk.(cbs) (Entered: 02/15/2013)
2013-02-19	109	0		Return of Service of Subpoena to Testify at Trial served on Neil Baum, M.D. on Feb. 15, 2013 by Tyrone Walton.(King, Rhett) (Entered: 02/19/2013)
2013-02-19	110	0		Return of Service of Subpoena to Testify at Trial served on Nicole Y. Cosse, M.D. on Feb. 18, 2013 by Tyrone Walton.(King, Rhett) (Entered: 02/19/2013)
2013-02-19	111	0		Return of Service of Subpoena to Testify at Trial served on Thomas J. Meunier, Jr., LPC LRC on Feb. 18, 2013 by Tyrone Walton.(King, Rhett) (Entered: 02/19/2013)
2013-02-19	112	0		Return of Service of Subpoena to Testify at Trial served on Bradley Barthlomew, M.D. on Feb. 18, 2013 by Tyrone Walton.(King, Rhett) (Entered: 02/19/2013)
2013-02-19	113	0		Return of Service of Subpoena to Testify at Trial served on G. Randolph Rice, PhD on Feb. 18, 2013 by Tyrone Walton.(King, Rhett) (Entered: 02/19/2013)
2013-02-19	114	0		Return of Service of Subpoena to Testify at Trial served on Cathleen Davis on Feb. 18, 2013 by Tyrone Walton.(King, Rhett) (Entered: 02/19/2013)
2013-02-19	115	0		MOTION in Limine to by Tyrone Walton. Motion set for 3/4/2013 09:00 AM before Judge Kurt D. Engelhardt. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission)(King, Rhett) (Entered: 02/19/2013)
2013-02-20	116	0		SCHEDULING ORDER for the Severed Claims (asserted in Rec. Docs. 29 and 93): Final Pretrial Conference set for 9/5/2013 10:30 AM before Judge Kurt D. Engelhardt. Jury Trial set for 9/16/2013 08:30 AM before Judge Kurt D. Engelhardt. Signed by Judge Kurt D. Engelhardt on 2/20/2013. (Attachments: # 1 Pretrial Notice Form) (NEF: Magistrate Judge Wilkinson)(cbs) (Entered: 02/20/2013)
2013-02-21	117	0		Minute Entry for proceedings held before Judge Kurt D. Engelhardt: Final Pretrial Conference held on 2/21/2013. (cbs) (Entered: 02/21/2013)
2013-02-21	118	0		JOINT PRETRIAL ORDER. Signed by Judge Kurt D. Engelhardt on 2/21/2013.(cbs) (Entered: 02/21/2013)
2013-02-21	119	0		ORDER - The final pre-trial conference was held in this matter on February 21, 2013. Trial in this matter presently is scheduled to commence on Monday, March 4, 2013, at 8:30 a.m., with a jury. Trial is anticipated to require three (3) days. IT IS ORDERED that final trial preparation shall proceed in accordance with the following deadlines, as stated within document. Signed by Judge Kurt D. Engelhardt on 2/21/2013.(cbs) (Entered: 02/21/2013)
2013-02-23	120	0		Memorandum by Tyrone Walton In Support of Plaintiff's Objections to Defendant's Proposed Exhibits (King, Rhett) (Entered: 02/23/2013)
2013-02-23	121	0		Supplemental Memorandum by Tyrone Walton to 115 MOTION in Limine to (King, Rhett) (Entered: 02/23/2013)
2013-02-25	122	0		MOTION in Limine to by McGee's Landing, Inc.. Motion set for 3/20/2013 09:30 AM before Judge Kurt D. Engelhardt. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission)(Mosely-Jones, Kristin) (Entered: 02/25/2013)
2013-02-25	123	0		Return of Service of Trial Subpoena to Nancy Favaloro served on Nancy Favaloro on 02/21/2013 by McGee's Landing, Inc. (Waters, John) Modified date on 2/26/2013 (mmm). (Entered: 02/25/2013)
2013-02-25	124	0		Return of Service of Trial Subpoena to Robert A. Steiner, M.D. served on Robert A. Steiner, M.D. on 02/21/2013 by McGee's Landing, Inc..(Waters, John) Modified date on 2/26/2013 (mmm). (Entered: 02/25/2013)
2013-02-25	125	0		Proposed Jury Verdict Form by All Plaintiffs. (King, Rhett) (Entered: 02/25/2013)
2013-02-25	126	0		Proposed Voir Dire by Tyrone Walton. (King, Rhett) (Entered: 02/25/2013)
2013-02-25	127	0		Proposed Jury Instructions by Tyrone Walton. (King, Rhett) (Entered: 02/25/2013)
2013-02-26	128	0		Proposed Jury Instructions by McGee's Landing, Inc.. (Waters, John) (Entered: 02/26/2013)
2013-02-26	129	0		RESPONSE/MEMORANDUM in Opposition filed by McGee's Landing, Inc. re 115 MOTION in Limine to Exclude Evidence of Plaintiff's Convictions. (Waters, John) (Entered: 02/26/2013)
2013-02-26	130	0		Correction of Docket Entry by Clerk re 123 , 124 Return of Service (Non Summons & Complaint): Filing attorney entered incorrect service date. Correct service date is 2/21/2013. Clerk took corrective action. (mmm) (Entered: 02/26/2013)
2013-02-26	131	0		RESPONSE/MEMORANDUM in Opposition filed by Tyrone Walton re 122 MOTION in Limine . (King, Rhett) (Main Document 131 replaced on 2/27/2013) (mmm). (Additional attachment(s) added on 2/27/2013: # 1 Exhibit) (mmm). Modified event, separated main document from exhibit on 2/27/2013 (mmm). (Entered: 02/26/2013)
2013-02-26	132	0		Response in Opposition to Plaintiff's Proposed Jury Charge by McGee's Landing, Inc.. (Waters, John) Modified on 10/29/2013 to edit text (cbs). (Entered: 02/26/2013)
2013-02-26	133	0		DEFICIENT: Proposed Jury Instructions by Tyrone Walton. (King, Rhett) Modified on 2/27/2013 (mmm). (Entered: 02/26/2013)
2013-02-27	134	0		Correction of Docket Entry by Clerk re 131 Memorandum. Filing attorney selected incorrect event. Correct event is RESPONSE/MEMORANDUM in Opposition to Motion. Clerk took corrective action by either re-docketing the event or changing the event. Also, multiple PDF's were incorrectly filed as one. The exhibit should have been filed as attachment(s) to the Response. All future filings should be entered this way. Clerk took corrective action. (mmm) (Entered: 02/27/2013)
2013-02-27	135	0		Return of Service of Trial Subpoena served on Curtis Joseph Allemond on 02/18/2013 by McGee's Landing, Inc..(Waters, John) (Entered: 02/27/2013)
2013-02-27	136	0		Return of Service of Trial Subpoena served on Erroll Girourd on 02/18/2013 by McGee's Landing, Inc..(Waters, John) (Entered: 02/27/2013)
2013-02-27	137	0		ORDER - Considering Plaintiff's Motion in Limine 115 ; IT IS ORDERED that the motion is hereby GRANTED IN PART, in that it is granted as unopposed as to collateral source and inability to pay a judgment, and REFERRED TO TRIAL in part, in that the admissibility of evidence of plaintiff's past convictions and gunshot wound is referred to trial, as stated within document. Signed by Judge Kurt D. Engelhardt on 2/27/2013. (cbs) (Entered: 02/27/2013)
2013-02-27	138	0		ORDER - Considering McGee's Landing's Motion in Limine 122 ; IT IS ORDERED that the motion is hereby GRANTED for substantially the same reasons stated in McGee's supporting memorandum (Rec. Doc. 122-1). Signed by Judge Kurt D. Engelhardt on 2/27/2013. (cbs) (Entered: 02/27/2013)
2013-02-27	139	0		MOTION to Dismiss for Failure to State a Claim by Mike Huval Insurance Agency, L.L.C. Motion set for 3/20/2013 09:30 AM before Judge Kurt D. Engelhardt. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Notice of Submission)(Kreamer, Charles) Modified text on 2/27/2013 (mmm). (Entered: 02/27/2013)
2013-02-27	140	0		Correction of Docket Entry by Clerk re 139 MOTION to Dismiss for Failure to State a Claim. Attachment has duplicate description. For attachment, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk removed duplicate text. (mmm) (Entered: 02/27/2013)
2013-02-27	141	0		Response/Reply by Tyrone Walton to 132 Proposed Jury Instructions (King, Rhett) (Entered: 02/27/2013)
2013-02-27	142	0		Response/Reply by Tyrone Walton to 128 Proposed Jury Instructions (King, Rhett) (Entered: 02/27/2013)
2013-02-28	143	0		Response/Reply by McGee's Landing, Inc. to 120 Memorandum (Attachments: # 1 Exhibit A - Glendale records)(Waters, John) (Entered: 02/28/2013)
2013-02-28	144	0		Return of Service of Trial Subpoena served on Dr. Christopher E. Cenac, Sr. on 02/26/2013 by McGee's Landing, Inc..(Waters, John) (Entered: 02/28/2013)
2013-03-01	145	0		Minute Entry for proceedings held before Judge Kurt D. Engelhardt: Settlement Conference held on 3/1/2013. (cbs) (Entered: 03/01/2013)
2013-03-04	146	0		Minute Entry for proceedings held before Judge Kurt D. Engelhardt: Telephone Conference held on 3/4/2013. (caa, ) (Entered: 03/06/2013)
2013-03-07	147	0		ORDER - The Court has been advised by counsel that a firm settlement in principle has been reached among Tyrone Walton, McGee's Landing, Inc., Markel American Insurance Company, and Mike Huval Insurance Agency, LLC, contingent upon resolution of the worker's compensation claims. Accordingly, on this basis, IT IS ORDERED that this matter is hereby removed from the Court's trial docket without prejudice to the claims or defenses of any party. If the worker's compensation claims are not resolved within 45 days from the entry of this Order, the Court will promptly restore this action to the trial docket. IT IS FURTHER ORDERED that the pending motion in limine 115 is DENIED WITHOUT PREJUDICE, and may be re-urged if this matter proceeds to trial. The submission date on the Motion to Dismiss filed by Mike Huval Insurance Agency, LLC 139 , presently set for March 20, 2013, is hereby CONTINUED to May 1, 2013. Signed by Judge Kurt D. Engelhardt on 3/7/2013.(cbs) (Entered: 03/07/2013)
2013-04-23	148	0		ORDER - At the request of plaintiffs' counsel and with the consent of counsel for movant; IT IS ORDERED that the submission date on the Motion to Dismiss 139 , filed by Mike Huval Insurance Agency, LLC, presently set for May 1, 2013, is hereby CONTINUED to May 15, 2013. Signed by Judge Kurt D. Engelhardt on 4/23/2013.(cbs) (Entered: 04/23/2013)
2013-05-07	149	0		ORDER - At the request of plaintiffs' counsel and with the consent of counsel for movant; IT IS ORDERED that the submission date on the Motion to Dismiss 139 , filed by Mike Huval Insurance Agency, LLC, presently set for May 15, 2013, is hereby CONTINUED to May 29, 2013. Signed by Judge Kurt D. Engelhardt on 5/7/2013.(cbs) (Entered: 05/07/2013)
2013-05-21	150	0		MEMORANDUM in Opposition filed by McGee's Landing re 139 MOTION to Dismiss for Failure to State a Claim . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hebert, Jeremy) Modified on 5/22/2013 to edit text (cbs). (Attachment 2 replaced on 5/22/2013) (cbs). (Entered: 05/21/2013)
2013-05-22	151	0		Correction of Docket Entry by Clerk re 150 Response/Memorandum in Opposition to Motion; The incorrect document was attached as "Exhibit B" when initially filed; Clerk has attached the corrected "Exhibit B." (cbs) (Entered: 05/22/2013)
2013-05-23	152	0		EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss by Mike Huval Insurance Agency, L.L.C.. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Reply Memorandum)(Kreamer, Charles) (Entered: 05/23/2013)
2013-05-28	153	0		ORDER granting 152 Motion for Leave to File Reply Memorandum in Support of Motion to Dismiss. Signed by Judge Kurt D. Engelhardt on 5/28/2013. (cbs) (Entered: 05/28/2013)
2013-05-28	154	0		REPLY MEMORANDUM in Support filed by Mike Huval Insurance Agency, L.L.C. re 139 MOTION to Dismiss for Failure to State a Claim . (cbs) (Entered: 05/28/2013)
2013-05-28	155	0		EXPARTE/CONSENT MOTION to Continue Trial and Hearing by McGee's Landing, Inc.. (Attachments: # 1 Proposed Order)(Hebert, Jeremy) (Entered: 05/28/2013)
2013-05-29	156	0		ORDERED that if a firm settlement of the entire matter is not reached and reduced to writing or transcript by 4:00 p.m. on Monday, June 10, 2013, the Court will issue an Order forthwith restoring the personal injury claims to the trial docket and setting the entire matter (including the severed coverage and broker claims) for trial on Monday, November 4,2013, with a pretrial conference on Thursday, October 24, 2013. Pretrial deadlines for the coverage and brokerage claims shall be reset. Any counsel with conflicts on the week of November 4, should substitute or enroll additional counsel. IT IS FURTHER ORDERED that the submission date on the Motion to Dismiss 139 , filed by Mike Huval Insurance Agency, LLC, presently set for May 29, 2013, is hereby CONTINUED to June 12, 2013. Signed by Judge Kurt D. Engelhardt on 5/29/2013.(cbs) (Entered: 05/29/2013)
2013-06-12	157	0		SCHEDULING ORDER: Final Pretrial Conference set for 10/24/2013 09:30 AM before Judge Kurt D. Engelhardt. Jury Trial set for 11/4/2013 08:30 AM before Judge Kurt D. Engelhardt. Signed by Judge Kurt D. Engelhardt on 6/12/2013. (Attachments: # 1 Pretrial Notice Form) (NEF: Magistrate Judge Wilkinson)(cbs) (Entered: 06/12/2013)
2013-06-26	158	0		EXPARTE/CONSENT MOTION to Continue Pretrial Conference by McGee's Landing, Inc.. (Attachments: # 1 Proposed Order)(Waters, John) (Entered: 06/26/2013)
2013-07-10	159	0		ORDER granting 158 Motion to Continue Pretrial Conference. Final Pretrial Conference reset for 10/17/2013 09:30 AM before Judge Kurt D. Engelhardt. Signed by Judge Kurt D. Engelhardt on 7/10/2013. (cbs) (Entered: 07/10/2013)
2013-07-11	160	0		ORDER AND NOTICE - Considering that both sides have submitted materials outside the pleadings in connection with the Motion to Dismiss (Rec. Doc. 139), filed by Mike Huval Insurance Agency, LLC; The Court hereby gives notice pursuant to Federal Rule of Civil Procedure 12(d) that it will consider these materials and treat the motion as one for summary judgment under Rule 56. IT IS ORDERED that any party wishing to present further material pertinent to the motion shall do so not later than Friday, July 19, 2013. Signed by Judge Kurt D. Engelhardt on 7/11/2013.(cbs) (Entered: 07/11/2013)
2013-07-19	161	0		DEFICIENT: EXPARTE/CONSENT MOTION to Exclude Evidence by Mike Huval Insurance Agency, L.L.C. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Proposed Order)(Kreamer, Charles) Modified on 7/22/2013 (mmm). (Entered: 07/19/2013)
2013-07-22	162	0		DEFICIENT: MOTION to Exclude Evidence by Mike Huval Insurance Agency, L.L.C. Motion set for 8/14/2013 09:30 AM before Judge Kurt D. Engelhardt. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Notice of Submission)(Kreamer, Charles) Modified on 7/23/2013 (mmm). (Entered: 07/22/2013)
2013-07-24	163	0		ORDER and REASONS - IT IS ORDERED that the Motion to Dismiss 139 , filed by Mike Huval Insurance Agency, LLC., is hereby GRANTED, and the claims of McGee's Landing, Inc. against Mike Huval Insurance Agency, LLC, relating to the claims of Tyrone Walton are hereby DISMISSED, as stated within document. Signed by Judge Kurt D. Engelhardt on 7/24/2013. (cbs) (Entered: 07/24/2013)
2013-07-24	164	0		EXPARTE/CONSENT MOTION to Dismiss Party Gary Parker by Markel American Insurance Company. (Attachments: # 1 Proposed Order)(Struckhoff, Jeffery) (Entered: 07/24/2013)
2013-07-25	165	0		ORDER granting 164 Motion to Dismiss Intervenor Gary Parker (Dr.), with prejudice. Signed by Judge Kurt D. Engelhardt on 7/25/2013. (cbs) (Entered: 07/25/2013)
2013-07-26	166	0		Witness and Exhibit List by Markel American Insurance Company. (Struckhoff, Jeffery) (Entered: 07/26/2013)
2013-07-26	167	0		Witness and Exhibit List by Tyrone Walton. (King, Rhett) (Entered: 07/26/2013)
2013-07-27	168	0		Witness and Exhibit List by McGee's Landing, Inc.. (Waters, John) (Entered: 07/27/2013)
2013-07-30	169	0		Witness and Exhibit List by Argonaut Insurance Company. (Hardy, Sidney) (Entered: 07/30/2013)
2013-08-20	170	0		MOTION for Summary Judgment by Tyrone Walton. Motion set for 9/4/2013 09:30 AM before Judge Kurt D. Engelhardt. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Statement of Contested/Uncontested Facts, # 8 Notice of Submission)(King, Rhett) (Entered: 08/20/2013)
2013-08-21	171	0		MOTION for Summary Judgment by McGee's Landing, Inc.. Motion set for 9/18/2013 09:30 AM before Judge Kurt D. Engelhardt. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Statement of Contested/Uncontested Facts, # 10 Notice of Submission, # 11 Proposed Order)(Hebert, Jeremy) Modified on 8/22/2013 to edit text (cbs). (Entered: 08/21/2013)
2013-08-22	172	0		Correction of Docket Entry by Clerk re 171 MOTION for Summary Judgment ; Filing attorney should have selected 'No' at the question 'Is this an Exparte/Consent Motion Y/N?'. This motion should have been noticed for submission. Clerk noticed this motion for submission on 9/18/2013 at 09:30 AM before Judge Kurt D. Engelhardt. No further action is necessary. (cbs) (Entered: 08/22/2013)
2013-08-22	173	0		EXPARTE/CONSENT MOTION to Expedite Hearing by McGee's Landing, Inc.. (Attachments: # 1 Proposed Order)(Hebert, Jeremy) (Entered: 08/22/2013)
2013-08-26	174	0		ORDER granting 173 MOTION to Expedite Hearing on 171 MOTION for Summary Judgment . Motion reset for 9/4/2013, as stated within document. Signed by Judge Kurt D. Engelhardt on 8/23/2013.(cbs) (Entered: 08/26/2013)
2013-08-27	175	0		MEMORANDUM in Opposition filed by Markel American Insurance Company re 170 MOTION for Summary Judgment , 171 MOTION for Summary Judgment . (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Table of Exhibits, # 3 Ex. 1, # 4 Ex. 1-A, # 5 Ex. 1-B, # 6 Ex. 1-C, # 7 Ex. 1-D, # 8 Ex. 1-E, # 9 Ex. 1-F, # 10 Ex. 1-G, # 11 Ex. 1-H, # 12 Ex. 2, # 13 Ex. 3, # 14 Ex. 4, # 15 Ex. 5, # 16 Ex. 6, # 17 Ex. 7)(Grau, Benjamin) Modified on 8/28/2013 to edit text (cbs). (Entered: 08/27/2013)
2013-08-30	176	0		EXPARTE/CONSENT First MOTION for Leave to File Reply Memorandum by McGee's Landing, Inc. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Reply Memorandum of McGee's Landing, Inc., # 3 Exhibit NOAA Booklet Chart - Intracoastal Waterway: New Orleans to Calcasieu River, # 4 Exhibit Exhibit B - Deposition of David Allemond, # 5 Exhibit Exhibit D - Deposition of Mike Huval, # 6 Exhibit NOAA Booklet Chart - Intracoastal Waterway: Dauphin Island to Dog Keys Pass)(Hebert, Jeremy) (Entered: 08/30/2013)
2013-08-30	177	0		EXPARTE MOTION for Leave to File Document, by Tyrone Walton re 170 MOTION for Summary Judgment Motion for Leave to File Reply Memorandum. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(King, Rhett) Modified text/event on 9/3/2013 (mmm). (Entered: 08/30/2013)
2013-09-03	178	0		Correction of Docket Entry by Clerk re 177 REPLY. Filing attorney selected incorrect event. Correct event is MOTION for Leave to File Document. Clerk took corrective action by either re-docketing the event or changing the event. (mmm) (Entered: 09/03/2013)
2013-09-03	179	0		ORDER granting 176 Motion for Leave to File Reply Memorandum. Signed by Judge Kurt D. Engelhardt on 9/3/2013. (cbs) (Entered: 09/03/2013)
2013-09-03	180	0		REPLY MEMORANDUM in Support filed by McGee's Landing, Inc. re 171 MOTION for Summary Judgment . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(cbs) (Entered: 09/03/2013)
2013-09-03	181	0		ORDER granting 177 Motion for Leave to File Reply Memorandum in Support of Motion for Summary Judgment. Signed by Judge Kurt D. Engelhardt on 9/3/2013. (cbs) (Entered: 09/04/2013)
2013-09-03	182	0		REPLY MEMORANDUM in Support filed by Tyrone Walton re 170 MOTION for Summary Judgment . (cbs) (Entered: 09/04/2013)
2013-09-09	183	0		ERROR: DOCUMENT STRICKEN. Request for Subpoenas. 1 subpoenas issued by McGee's Landing, Inc. (Attachments: # 1 Exhibit)(Hebert, Jeremy) Modified on 9/10/2013 (mmm). (Entered: 09/09/2013)
2013-09-09	184	0		ORDER. As ordered by Judge Engelhardt, Record Doc. No. 157, a Settlement Conference is set in this case on SEPTEMBER 17, 2013 at 2:00 p.m. before me. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 9/9/13.(tbl) [NEF: Hon. Kurt D. Engelhardt] (Entered: 09/09/2013)
2013-09-10	185	0		Correction of Docket Entry by Clerk re 183 Request for Subpoenas. Document has been stricken pursuant to Rule 5(d) of the FRCP. (mmm) (Entered: 09/10/2013)
2013-09-17	186	0		Minute Entry for proceedings held before Magistrate Judge Joseph C. Wilkinson, Jr: A settlement conference was conducted on this date before the undersignedmagistrate judge. No settlement was reached. (tbl) (Entered: 09/18/2013)
2013-09-23	187	0		MOTION to Amend/Correct Witness List by Tyrone Walton. Motion set for 10/16/2013 09:30 AM before Judge Kurt D. Engelhardt. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission)(King, Rhett) (Entered: 09/23/2013)
2013-09-24	188	0		DEFICIENT: Supplemental Memorandum filed by Tyrone Walton, in Support of 187 MOTION to Amend/Correct Witness List . (Attachments: # 1 Proposed Order)(King, Rhett) Modified on 9/25/2013 (mmm). (Entered: 09/24/2013)
2013-09-25	189	0		EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum in Support of Motion to Amend Witness List by Tyrone Walton. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(King, Rhett) (Entered: 09/25/2013)
2013-10-02	190	0		RESPONSE/MEMORANDUM in Opposition filed by McGee's Landing, Inc. re 187 MOTION to Amend/Correct Witness List . (Attachments: # 1 Exhibit 1 - Chronology, # 2 Exhibit 2 Plaintiff's answers to ES&H's interrogatories, # 3 Exhibit 2 - Plaintiff's answers to Fla Marine's interrogatories, # 4 Exhibit 4 - ISI's list of employees)(Waters, John) (Entered: 10/02/2013)
2013-10-02	191	0		RESPONSE/MEMORANDUM in Opposition filed by Markel American Insurance Company re 187 MOTION to Amend/Correct Witness List . (Grau, Benjamin) (Entered: 10/02/2013)
2013-10-03	192	0		EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Amend Witness List by Tyrone Walton. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(King, Rhett) (Entered: 10/03/2013)
2013-10-04	193	0		ORDER granting 192 Motion for Leave to File Reply Memorandum in Support of Motion to Amend Witness List. Signed by Judge Kurt D. Engelhardt on 10/4/2013. (cbs) (Entered: 10/04/2013)
2013-10-04	194	0		REPLY MEMORANDUM in Support filed by Tyrone Walton re 187 MOTION to Amend/Correct Witness List. (cbs) (Entered: 10/04/2013)
2013-10-04	195	0		ORDER granting 189 Motion for Leave to File Supplemental Memorandum in Support of Motion to Amend Witness List. Signed by Judge Kurt D. Engelhardt on 10/4/2013. (cbs) (Entered: 10/04/2013)
2013-10-04	196	0		Supplemental Memorandum filed by Tyrone Walton, in Support of 187 MOTION to Amend/Correct Witness List. (cbs) (Entered: 10/04/2013)
2013-10-10	197	0		ORDER and REASONS - IT IS ORDERED that the following motions are hereby GRANTED: (1) Motion for Summary Judgment, filed by plaintiff 170 ; and (2) Motion for Summary Judgment on Behalf of McGee's Landing, Inc. 171 , as stated within document. Signed by Judge Kurt D. Engelhardt on 10/10/2013. (cbs) (Entered: 10/10/2013)
2013-10-15	198	0		PRETRIAL MEMORANDUM by Tyrone Walton, Markel American Insurance Co. (Grau, Benjamin) Modified on 10/16/2013 (mmm). (Entered: 10/15/2013)
2013-10-16	199	0		Correction of Docket Entry by Clerk re 198 Pretrial Memorandum. Filing attorney did not enter additional filer(s) in the blank text box on the docket text screen. For future filings of joint motions, additional filers must be added in this manner. Clerk added filer(s). (mmm) (Entered: 10/16/2013)
2013-10-16	200	0		ORDER - Due to a conflict in the Court's docket, IT IS ORDERED that the pre-trial conference presently scheduled on Thursday, October 17, 2013 at 9:30 a.m. is rescheduled for 9:00 a.m. on the same date. Signed by Judge Kurt D. Engelhardt on 10/16/2013.(cbs) (Entered: 10/16/2013)
2013-10-16	201	0		ORDER and REASONS - Before the Court is plaintiff's Motion for Leave to Amend Witness List 187 . Accordingly, for the reasons stated within document and those stated in Rec. Docs. 190 and 191; IT IS ORDERED that the motion is DENIED. Signed by Judge Kurt D. Engelhardt on 10/16/2013. (cbs) (Entered: 10/16/2013)
2013-10-17	202	0		Minute Entry for proceedings held before Judge Kurt D. Engelhardt: Final Pretrial Conference held on 10/17/2013. (cbs) (Entered: 10/17/2013)
2013-10-17	203	0		ORDER - A final pre-trial conference was held in this matter on October 17, 2013. Participating were: (1) Rhett King and Berney Strauss for plaintiff; (2) Ben Grau for Markel American Insurance Company; (3) Sid Hardy for the intervenor, Argonaut Insurance Company; and (4) John Waters for defendant, McGee's Landing, Inc.. Trial in this matter presently is scheduled to commence on Monday, November 4, 2013, at 8:30 a.m., with a jury. Trial is anticipated to require three (3) days. Pretrial submissions have been completed. However, should Markel deem it necessary to submit additional proposed jury instructions, it shall do so not later than October 22, 2013, and plaintiff may respond thereto by October 25, 2013. Signed by Judge Kurt D. Engelhardt on 10/17/2013.(cbs) (Entered: 10/17/2013)
2013-10-17	204	0		JOINT PRETRIAL ORDER. Signed by Judge Kurt D. Engelhardt on 10/17/2013.(cbs) (Entered: 10/17/2013)
2013-10-23	205	0		Proposed Jury Instructions by Markel American Insurance Company. (Grau, Benjamin) (Entered: 10/23/2013)
2013-10-31	206	0		PRETRIAL MEMORANDUM by McGee's Landing, Inc.. (Waters, John) (Entered: 10/31/2013)
2013-11-01	207	0		STIPULATION by Argonaut Insurance Company as to Lien (Hardy, Sidney) (Entered: 11/01/2013)
2013-11-03	208	0		Return of Service of trial subpoena served on Wilton Sampey, 8/13/2013, by McGee's Landing, Inc. (Waters, John) Modified event on 11/4/2013 (mmm). (Entered: 11/03/2013)
2013-11-04	209	0		Correction of Docket Entry by Clerk re 208 Certificate of Service. Filing attorney selected incorrect event. Correct event is Return of Service (Non-Summons & Complaint). Clerk took corrective action.(mmm) (Entered: 11/04/2013)
2013-11-04	210	0		Minute Entry for proceedings held before Judge Kurt D. Engelhardt: Jury Trial began on 11/4/2013. Court informed that the case had settled and counsel for the parties dictated the settlement into the record, as stated within document. (Court Reporter Arlene Movahed.) (cbs) (Entered: 11/04/2013)
2013-11-05	211	0		ORDER - Considering the settlement agreed upon among the parties on November 4, 2013; IT IS ORDERED that within thirty (30) days the parties shall pay to the Clerk of this Court costs associated with empaneling the jury in the following amounts: (1) the plaintiff, Tyrone Walton, shall pay $718.67; (2) the intervenor, Argonaut Insurance Company, shall pay $718.67; and (3) and the defendants, McGee's Landing, Inc. and Markel American Insurance Company, collectively shall pay $718.67. Signed by Judge Kurt D. Engelhardt on 11/5/2013. (NEF: Jury)(cbs) (Entered: 11/05/2013)	2015-03-29 21:34:54	f9aef6f796dec2ef3aa22b035de2abffb8fdfdb4
2013-11-05	212	0		THIRTY DAY ORDER DISMISSING CASE. Signed by Judge Kurt D. Engelhardt on 11/5/2013.(cbs) (Entered: 11/05/2013)	2015-03-29 21:37:13	f4da1b430aa996dd772bb8e5a0e3169bb4831025
2013-11-06	213	0		NOTICE of Assessment of Jury Costs. Signed by Marianne Judice, Jury Administrator on 11/5/2013.(cbs) (NEF: Financial) (Entered: 11/06/2013)