Apollo Energy, LLC v. Certain Underwriters at Lloyd's, London
| Louisiana Middle District Court | |
| Judge: | John W Degravelles |
| Referred: | Richard L Bourgeois, Jr |
| Case #: | 3:17-cv-01741 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1441 Notice of Removal-Insurance Contract |
| Case Filed: | Dec 07, 2017 |
| Terminated: | May 01, 2019 |
| Last checked: Tuesday Jun 05, 2018 3:42 AM CDT |
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Defendant
Certain Underwriters at Lloyd's, London
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Represented By
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Plaintiff
Apollo Energy, LLC
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Represented By
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GPO
Jul 26 2018
RULING AND ORDER: The 7 MOTION to Dismiss for Failure to State a Claim filed by Certain Underwriters at Lloyd's, London is DENIED with respect to the grounds for dismissal expressly addressed therein. Further, leave to amend is GRANTED in light of the new theory raised in opposition to the Motion but not adequately pled in the operative Petition. Within 30 days of this Ruling and Order, Plaintiff shall file an Amended Complaint consistent with this order and setting forth all of Plaintiffs claims. The Amended Complaint shall be complete in and of itself and shall not refer back to the original Petition. Failure to timely file an Amended Complaint may result in the dismissal of this action. Signed by Judge John W. deGravelles on 7/26/2018. (SWE) |
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GPO
May 01 2019
RULING AND ORDER: The Motion to Dismiss for Failure to State a Claim (Doc. 18) filed by Underwriters at Lloyd's of London, specifically QBE Marine & Energy, is GRANTED, and all claims by Plaintiff Apollo Energy, LLC, are DISMISSED WITH PREJUDICE. Signed by Judge John W. deGravelles on 5/1/2019. (KAH) |
| Docket last updated: 12 hours ago |
| Wednesday, May 01, 2019 | ||
| 25 | 25
order
Judgment
Wed 05/01 3:28 PM
JUDGMENT is hereby rendered in favor of QBE against Apollo, and that all of Apollos claims are hereby DISMISSED WITHPREJUDICE. Signed by Judge John W. deGravelles on 5/1/2019. (KAH) |
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| 24 | 24
order
Ruling
Wed 05/01 3:16 PM
RULING AND ORDER: The Motion to Dismiss for Failure to State a Claim (Doc. 18) filed by Underwriters at Lloyd's of London, specifically QBE Marine & Energy, is GRANTED, and all claims by Plaintiff Apollo Energy, LLC, are DISMISSED WITH PREJUDICE. Signed by Judge John W. deGravelles on 5/1/2019. (KAH) |
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| Monday, April 29, 2019 | ||
| 23 | 23
order
Order on Motion to Extend Discovery Deadlines
Mon 04/29 11:28 AM
ORDER granting22 Motion to Extend Discovery Deadlines and new deadlines will be established during a telephone scheduling conference to be scheduled by the Court. Signed by Judge John W. deGravelles on 04/29/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) |
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utility
Motions No Longer Referred
Mon 04/29 9:49 AM
Motions No Longer Referred:22 Unopposed MOTION for Extension of Discovery Deadlines and other Deadlines . This motion is now pending before the USDJ. (KAH) |
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| Monday, April 22, 2019 | ||
| 22 | 22
motion
Extension of Discovery Deadlines
Mon 04/22 9:40 AM
Unopposed MOTION for Extension of Discovery Deadlines and other Deadlines by Apollo Energy, LLC.(Schexnaydre, David) |
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Att: 1
Proposed Pleading; Proposed Order
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utility
Motion(s) Referred
Mon 04/22 1:36 PM
MOTION(S) REFERRED:22 Unopposed MOTION for Extension of Discovery Deadlines and other Deadlines . This motion is now pending before the USMJ. (KAH) |
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| Thursday, October 11, 2018 | ||
| 21 | 21
support
Reply to Response to Motion
Thu 10/11 3:56 PM
REPLY to18 MOTION to Dismiss for Failure to State a Claim ,20 Memorandum in Opposition to Motion filed by Certain Underwriters at Lloyd's, London. (Hinton, Ashley) |
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| Thursday, September 27, 2018 | ||
| 20 | 20
6
pgs
respm
Memorandum in Opposition to Motion
Thu 09/27 10:35 AM
MEMORANDUM in Opposition to18 MOTION to Dismiss for Failure to State a Claim filed by Apollo Energy, LLC.(Schexnaydre, David) |
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Att: 1
Exhibit Affidavit
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| Monday, September 10, 2018 | ||
| 19 | 19
notice
Notice of Briefing Schedule - Response to Motion Deadlines (JWD)
Mon 09/10 9:31 AM
NOTICE of Briefing Schedule on18 MOTION to Dismiss for Failure to State a Claim : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) |
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| Friday, September 07, 2018 | ||
| 18 | 18
motion
Dismiss for Failure to State a Claim
Fri 09/07 4:56 PM
MOTION to Dismiss for Failure to State a Claim by Certain Underwriters at Lloyd's, London.(Stevens, Gregory) |
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Att: 1
Memorandum in Support,
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Att: 2
Exhibit 1 - Redacted Policy,
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Att: 3
Proposed Pleading; Order
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| Friday, August 17, 2018 | ||
| 17 | 17
cmp
Amended Complaint
Fri 08/17 12:45 PM
FIRST AMENDED COMPLAINT for Declaration of Coverage, Bad Faith and Damages against Certain Underwriters at Lloyd's, London, filed by Apollo Energy, LLC.(Schexnaydre, David) Modified on 8/17/2018 to edit text. (EDC) |
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Att: 1
Exhibit Insuring Provision, Pollution Exclusion, and Seepage and Pollution Buyback Endorsements
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| Thursday, July 26, 2018 | ||
| 16 | 16
order
Ruling ~Util - Set Deadlines
Thu 07/26 9:01 AM
RULING AND ORDER: The7 MOTION to Dismiss for Failure to State a Claim filed by Certain Underwriters at Lloyd's, London is DENIED with respect to the grounds for dismissal expressly addressed therein. Further, leave to amend is GRANTED in light of the new theory raised in opposition to the Motion but not adequately pled in the operative Petition. Within 30 days of this Ruling and Order, Plaintiff shall file an Amended Complaint consistent with this order and setting forth all of Plaintiffs claims. The Amended Complaint shall be complete in and of itself and shall not refer back to the original Petition. Failure to timely file an Amended Complaint may result in the dismissal of this action. Signed by Judge John W. deGravelles on 7/26/2018. (SWE) |
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| Friday, February 16, 2018 | ||
| 15 | 15
support
Reply to Response to Motion
Fri 02/16 2:03 PM
REPLY Memorandum to12 Memorandum in Opposition to Motion;7 MOTION to Dismiss for Failure to State a Claim filed by Certain Underwriters at Lloyd's, London. (ELW) |
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| Thursday, February 15, 2018 | ||
| 14 | 14
order
Order on Motion for Leave to File
Thu 02/15 11:18 AM
ORDER granting13 Consent MOTION for Leave to File Defendant's Reply Memorandum in Response to Plaintiff's Opposition to Motion to Dismiss filed by Certain Underwriters at Lloyd's, London. Signed by Judge John W. deGravelles on 2/15/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) |
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| Wednesday, February 14, 2018 | ||
| 13 | 13
motion
Leave to File Document
Wed 02/14 3:32 PM
Consent MOTION for Leave to File Defendant's Reply Memorandum in Response to Plaintiff's Opposition to Motion to Dismiss by Certain Underwriters at Lloyd's, London.(Stevens, Gregory) |
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Att: 1
Proposed Pleading; Order,
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Att: 2
Proposed Pleading; Reply Memorandum in Response to Plaintiff's Opposition to Motion to Dismiss
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| Thursday, February 08, 2018 | ||
| 12 | 12
7
pgs
respm
Memorandum in Opposition to Motion
Thu 02/08 11:43 PM
MEMORANDUM in Opposition to7 MOTION to Dismiss for Failure to State a Claim filed by Apollo Energy, LLC. (Schexnaydre, David) |
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| Monday, February 05, 2018 | ||
| 11 | 11
order
Scheduling Order
Mon 02/05 10:43 AM
SCHEDULING ORDER: The scheduling conference presently set for February 8, 2018 is CANCELLED. In accordance with FRCP 16(b), the following discovery deadlines are established: Amended Pleadings due by 3/9/2018. Exchanging initial disclosures required by F.R.C.P. 26(a)(1): 10 days after a decision on the pending Motion to Dismiss for Failure to State a Claim. Discovery due by 7/16/2018. Plaintiff`s Expert Witness List due by 8/15/2018. Defendant`s Expert Witness List due by 8/31/2018. Plaintiff`s Expert Reports due by 10/1/2018. Defendant`s Expert Reports due by 10/22/2018. Plaintiff(s) rebuttal: November 12, 2018. Discovery from Experts due by 11/30/2018. Motions shall be filed by 12/31/2018. Proposed Pretrial Order due by 4/22/2019. Pretrial Conference set for 5/9/2019 at 01:30 PM in chambers before Judge John W. deGravelles. Motions In Limine shall be filed by 5/20/2019. Affidavit of Settlement Efforts due by 6/10/2019. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 7/5/2019. Jury Trial set for 7/22/2019 at 09:00 AM in Courtroom 1 before Judge John W. deGravelles. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 2/5/2018. (JSL) |
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| Thursday, January 25, 2018 | ||
| 10 | 10
misc
Status Report
Thu 01/25 4:41 PM
Joint STATUS REPORT by Apollo Energy, LLC. (Schexnaydre, David) |
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| Tuesday, January 09, 2018 | ||
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utility
Set/Reset Motion and R&R Related Deadlines/Hearings
Tue 01/09 9:18 AM
Set/Reset Deadlines as to7 MOTION to Dismiss for Failure to State a Claim . Replies due by 2/9/2018. (KDC) |
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| Friday, January 05, 2018 | ||
| 9 | 9
order
Order Reassigning Case to Judge John W. deGravelles from Judge James J. Brady
Fri 01/05 3:58 PM
NOTICE: Pursuant to General Order 2017-11, this case is reassigned from Judge James J. Brady to Judge John E. deGravelles. Signed by Chief Judge Brian A. Jackson on 12/21/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(NLT ADI, ) |
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| 8 | 8
notice
Notice to Parties - Response to Motion Deadlines (JJB) Text Only
Fri 01/05 3:28 PM
NOTICE on7 MOTION to Dismiss for Failure to State a Claim :. Opposition, limited to 10 pages, to the motion shall be filed on or before 1/26/2018. The mover may file a reply brief, limited to 5 pages, within 14 days of the filing of the opposition.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) |
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| Thursday, January 04, 2018 | ||
| 7 | 7
motion
Dismiss for Failure to State a Claim
Thu 01/04 5:53 PM
MOTION to Dismiss for Failure to State a Claim by Certain Underwriters at Lloyd's, London.(Stevens, Gregory) |
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Att: 1
Memorandum in Support,
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Att: 2
Proposed Pleading;
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| Tuesday, January 02, 2018 | ||
| 6 | 6
cmp
Amended Notice of Removal
Tue 01/02 2:17 PM
AMENDED NOTICE OF REMOVAL , as per Rec. Doc. 5, against Apollo Energy, LLC, filed by Certain Underwriters at Lloyd's, London.(Stevens, Gregory) |
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| Thursday, December 21, 2017 | ||
| 5 | 5
2
pgs
order
Order
Thu 12/21 5:41 PM
ORDER: IT IS ORDERED, pursuant to 28 U.S.C. §1653, that, on or before January 2, 2018, the defendant shall file an amended notice of removal providing the citizenship of plaintiff Apollo Energy, L.L.C., by setting forth all citizenship particulars required to sustain federal diversity jurisdiction. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 12/21/2017. (JSL) |
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| Tuesday, December 19, 2017 | ||
| 4 | 4
order
90 Day Conference Order
Tue 12/19 12:08 PM
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 2/8/2018 at 11:00 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Status Report due by 1/25/2018. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 12/19/2017. (JSL) |
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| Thursday, December 14, 2017 | ||
| 3 | 3
order
Order on Motion for Extension of Time
Thu 12/14 1:38 PM
ORDER granting2 Motion for Extension of Time to File Responsive Pleadings. Defendant granted extension of time until 1/4/2018 within which to file responsive pleadings. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 12/14/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) |
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utility
Set/Reset Deadlines
Thu 12/14 1:53 PM
Set/Reset Deadlines (Court Use Only) (SGO) |
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| Wednesday, December 13, 2017 | ||
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utility
Motion(s) Referred
Wed 12/13 10:59 AM
MOTION(S) REFERRED:2 Unopposed MOTION for Extension of Time To File Responsive Pleadings, with Consent. This motion is now pending before the USMJ. (SGO) |
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| Tuesday, December 12, 2017 | ||
| 2 | 2
motion
Extension of Time
Tue 12/12 4:56 PM
Unopposed MOTION for Extension of Time To File Responsive Pleadings, with Consent by Certain Underwriters at Lloyd's, London.(Stevens, Gregory) |
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Att: 1
Exhibit Proposed Order
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| Thursday, December 07, 2017 | ||
| 1 | 1
cmp
Notice of Removal (Complete Case Opening First)
Thu 12/07 5:12 PM
NOTICE OF REMOVAL from 18th Judicial District Court, Case Number 77,399. (Filing fee $ 400 receipt number 053N-1685383), filed by Certain Underwriters at Lloyd's of London, specifically QBE Marine & Energy Syndicate 1036, the sole subscribing syndicate to Policy No. 16CGLN10685.(Stevens, Gregory) |
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Att: 1
Exhibit Civil Cover Sheet,
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Att: 2
Exhibit "A" - State Court Record
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