Cortez v. Lamorak Insurance Company et al
| Louisiana Eastern District Court | |
| Judge: | Sarah S Vance |
| Referred: | Janis Van Meerveld |
| Case #: | 2:20-cv-02389 |
| Nature of Suit | 368 Torts - Personal Injury - Asbestos Personal Injury Product Liability |
| Cause | 28:1441 Petition for Removal- Personal Injury |
| Case Filed: | Aug 31, 2020 |
| Re-opened: | Sep 20, 2021 |
| Terminated: | Nov 08, 2022 |
| Case in other court: | Civil District Court for the Parish of Orleans, 20-05403 |
| Last checked: Saturday Feb 27, 2021 3:11 AM CST |
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Cross Claimant
Albert L. Bossier, Jr.
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Cross Claimant
Albert L Bossier, Jr
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Cross Claimant
Huntington Ingalls Incorporated
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Cross Claimant
Hopeman Brothers Inc
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Cross Defendant
United States Fidelity and Guaranty Company
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Cross Defendant
Goodrich Corporation
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Cross Defendant
Houston General Insurance Company
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Cross Defendant
Bayer CropScience, Inc.
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Cross Defendant
International Paper Company
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Cross Defendant
Axiall Corporation DE
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Cross Defendant
Liberty Mutual Insurance Company
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Cross Defendant
Vulcan Materials Company
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Cross Defendant
Louisiana Insurance Guaranty Association
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Cross Defendant
Eagle, Inc.
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Cross Defendant
McCarty Corporation
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Cross Defendant
Occidental Chemical Corporation
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Cross Defendant
Pharmacia LLC
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Cross Defendant
Anco Insulations Inc
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Cross Defendant
Riley Power, Inc.
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Cross Defendant
Uniroyal Inc
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Cross Defendant
Shell Oil Company
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Cross Defendant
Taylor-Seidenbach, Inc.
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Cross Defendant
Union Carbide Corporation
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Cross Defendant
Travelers Indemnity Company
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Cross Defendant
General Electric Company
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Cross Defendant
BASF Corporation
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Cross Defendant
Bayer CropScience
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Cross Defendant
Uniroyal Holding, Inc.
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Cross Defendant
Berkshire Hathaway Specialty Insurance Company
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Cross Defendant
Trinity Industries, Inc.
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Cross Defendant
Insulations LLC
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Cross Defendant
CBS Corporation
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Cross Defendant
CF Industries Nitrogen, LLC
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Cross Defendant
Hopeman Brothers Inc
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Cross Defendant
Cajun Company
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Cross Defendant
Continental Insurance Company
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Cross Defendant
United States Fidelity & Guaranty Company
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Cross Defendant
Entergy Louisiana, L.L.C.
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Cross Defendant
Eagle Inc.
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Cross Defendant
Manville Personal Injury Settlement Trust
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Cross Defendant
First State Insurance Company
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Cross Defendant
Foster Wheeler LLC
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Defendant
ViacomCBS Inc
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Defendant
Uniroyal Holding, Inc.
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Defendant
Pharmacia LLC
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Defendant
Union Carbide Corporation
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Defendant
Entergy Louisiana, L.L.C.
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Defendant
Legacy Vulcan, LLC
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Defendant
Uniroyal Inc
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Defendant
Hopeman Brothers Inc
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Defendant
United States Fidelity & Guaranty Company
Farmington, CT 06032
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Defendant
Axiall Corporation DE
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Defendant
Taylor-Seidenbach, Inc.
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Defendant
Vulcan Materials Company
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Defendant
General Electric Company
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Defendant
Anco Insulations Inc
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Defendant
BASF Corporation
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Defendant
Bayer CropScience, Inc.
Successor to Rhone Poulenc AG Company Corporation Service Company 80 State Street
Albany, NY 12207 |
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Defendant
Berkshire Hathaway Specialty Insurance Company
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Defendant
Albert L. Bossier, Jr.
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Defendant
CBS Corporation
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Defendant
CF Industries Nitrogen, LLC
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Defendant
Cajun Company
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Defendant
Continental Insurance Company
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Defendant
Eagle, Inc.
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Defendant
First State Insurance Company
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Defendant
Foster Wheeler LLC
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Defendant
Travelers Indemnity Company
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Defendant
Goodrich Corporation
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Defendant
Houston General Insurance Company
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Defendant
Huntington Ingalls Incorporated
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Defendant
Texaco Inc
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Defendant
Shell Oil Company
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Defendant
Riley Power, Inc.
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Defendant
Occidental Chemical Corporation
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Defendant
McCarty Corporation
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Defendant
Louisiana Insurance Guaranty Association
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Defendant
Liberty Mutual Insurance Company
6575 Snowdrift Road Suite 101
Allentown, PA 18106 |
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Defendant
Lamorak Insurance Company
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Defendant
International Paper Company
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Plaintiff
Callen J. Cortez
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Third Party Defendant
Albert L Bossier, Jr
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Third Party Defendant
Liberty Mutual Insurance Company
as insurer of Wayne Manufacturing Co. 6575 Snowdrift Road Suite 101
Allentown, PA 18106 |
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Third Party Defendant
Manville Personal Injury Trust
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Third Party Defendant
Insulations LLC
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Third Party Defendant
Trinity Industries, Inc.
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Third Party Plaintiff
Albert L Bossier, Jr
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Third Party Plaintiff
Huntington Ingalls Incorporated
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| TERMINATED PARTIES | |
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Cross Defendant
Texaco Inc
Terminated: 12/22/2020
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GPO
Nov 23 2020
ORDER AND REASONS denying 15 Motion to Remand to State Court. Signed by Judge Sarah S. Vance on 11/23/2020. (cwa) |
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GPO
May 20 2021
ORDER AND REASONS granting 228 to Enforce Stay and Notice of Liquidation and Statutory Stay. For the reasons stated herein, this matter is STAYED and ADMINISTRATIVELY CLOSED until September 12, 2021. Signed by Judge Sarah S. Vance on 5/20/2021. (mm) |
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GPO
Feb 07 2022
ORDER AND REASONS DENYING Louisiana Insurance Guaranty Association's 327 Motion for Summary Judgment, as set forth in document. Signed by Judge Sarah S. Vance on 12/7/2022. (jls) |
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GPO
Apr 04 2022
ORDER AND REASONS granting in part and denying in part 386 Motion for Summary Judgment. The Court grants the motion as to plaintiff's tort claims against Avondale in its capacity as plaintiff's employer, as well as his intentional-tort claims against Avondale. The Court denies the motion as to plaintiff's claims against Avondale in its capacity as his brother Daniels employer.The Court thus DISMISSES all of plaintiff's claims against Avondale, except his take-home-exposure claims brought against Avondale in its capacity as Daniel Cortez's employer. Signed by Judge Sarah S. Vance on 4/4/2022. (lw) |
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GPO
Apr 06 2022
#039;s employment with Avondale, are DISMISSED as stated herein. Signed by Judge Sarah S. Vance on 4/6/2022. (mm)ORDER AND REASONS granting in part and denying in part 481 Motion for Summary Judgment. Plaintiff's claims against Certain London Market Insurers in their capacity as insurers of Avondale executive officers during the period of plaintiff& |
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GPO
Apr 18 2022
ORDER AND REASONS granting 504 Motion for Summary Judgment for the reasons stated herein. Signed by Judge Sarah S. Vance on 4/18/2022. (mm) |
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GPO
May 03 2022
OMNIBUS ORDER AND REASONS: The Court GRANTS LIGA's 525 Motion in Limine to exclude hearsay regarding Calise Cortez's work at Nine Mile Point, and GRANTS Entergy's 389 Motion for Summary Judgment. The Court GRANTS First State's 410 Motion for Summary Judgment, GRANTS USF&G's 445 Motion for Summary Judgment, GRANTS Berkshire's 416 Motion for Summary Judgment, and GRANTS Insulations, LLC's 523 Motion for Summary Judgment. The Court GRANTS IN PART and DENIES IN PART GE's 496 Motion for Summary Judgment. The Court DENIES Foster Wheeler's 497 Motion for Summary Judgment. Signed by Judge Sarah S. Vance on 5/3/2022. (cwa) |
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GPO
May 11 2022
ORDER AND REASONS denying as moot 319 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court for the reasons stated herein. Signed by Judge Sarah S. Vance on 5/11/2022. (mm) |
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GPO
May 11 2022
ORDER AND REASONS GRANTING 414 Motion for Summary Judgment. Plaintiff's claims for punitive damages against USF&G are hereby DISMISSED. Signed by Judge Sarah S. Vance on 5/11/2022. (pp) |
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GPO
May 12 2022
ORDER AND REASONS denying 1002 Motion for Reconsideration re 886 Order and Reasons, 890 Order and Reasons. Any motion hereafter filed in violation of the Court's order closing motion practice will be denied as untimely. Signed by Judge Sarah S. Vance on 5/12/2022. (mm) |
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GPO
May 19 2022
ORDER AND REASONS granting 430 Motion for Summary Judgment; granting 905 Motion to Dismiss; granting 991 Motion to Dismiss as set forth in document. Signed by Judge Sarah S. Vance on 5/19/2022. (lw) |
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GPO
May 19 2022
ORDER AND REASONS granting 405 Motion for Summary Judgment; dismisses as moot 538 Motion for Partial Summary Judgment; dismisses as moot 554 Motion for Partial Summary Judgment as set forth in document. Signed by Judge Sarah S. Vance on 5/19/2022. (lw) |
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GPO
Jul 08 2022
ORDER AND REASONS granting in part and denying in part 499 Motion for Partial Summary Judgment Regarding Turbines for the reasons stated herein. Signed by Judge Sarah S. Vance on 7/8/2022. (mm) |
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GPO
Jul 13 2022
ORDER AND REASONS granting in part and denying in part 500 Motion for Partial Summary Judgment for the reasons stated herein. Signed by Judge Sarah S. Vance on 7/13/2022. (mm) |
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GPO
Jul 18 2022
ORDER AND REASONS granting in part and denying in part 510 Motion in Limine in Limine to Preclude Factual Testimony By Danny Joyce Not Based Upon Personal Knowledge for the reasons stated herein. Signed by Judge Sarah S. Vance on 7/18/2022. (mm) |
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GPO
Jul 18 2022
ORDER AND REASONS denying 1047 Motion for Reconsideration of Order in Relation to Time Limits for Trial as stated herein. Signed by Judge Sarah S. Vance on 7/18/2022. (mm) |
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GPO
Jul 20 2022
ORDER AND REASONS denying 438 Motion in Limine to Exclude the Duplicative and Cumulative Testimony of Dr. Landreneau and Dr. Kraus. Signed by Judge Sarah S. Vance on 7/20/2022. (mm) |
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GPO
Jul 20 2022
ORDER AND REASONS granting in part and denying in part 447 Motion in Limine to Exclude Certain Testimony of Gerard L. Baril, MS, CIH for the reasons stated herein. Signed by Judge Sarah S. Vance on 7/20/2022. (mm) |
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GPO
Jul 25 2022
ORDER AND REASONS: For the reasons stated herein, the Court GRANTS defendants' 495 motion for partial summary judgment as to plaintiffs' intentional-tort and fraud claims. The Court DISMISSES AS MOOT defendants' 495 motion as to plaintiffs' punitive-damages claims. Plaintiffs' claims for intentional-tort and fraud against Westinghouse, Foster Wheeler, and General Electric are hereby DISMISSED. Signed by Judge Sarah S. Vance on 7/25/2022.(mm) |
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GPO
Jul 27 2022
ORDER AND REASONS denying 459 Motion for Partial Summary Judgment. Signed by Judge Sarah S. Vance on 7/27/2022. (mm) |
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GPO
Jul 28 2022
ORDER AND REASONS granting in part and denying in part 502 Motion for Summary Judgment as stated herein. Signed by Judge Sarah S. Vance on 7/28/2022. (mm) |
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GPO
Aug 03 2022
ORDER AND REASONS denying 433 Motion for Summary Judgment. Signed by Judge Sarah S. Vance on 8/3/2022. (mm) |
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GPO
Aug 09 2022
ORDER AND REASONS granting in part and denying in part 434 Motion for Summary Judgment for the reasons stated herein. Signed by Judge Sarah S. Vance on 8/9/2022. (mm) |
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GPO
Aug 10 2022
ORDER AND REASONS granting 498 Motion for Partial Summary Judgment for the reasons set forth in document. Plaintiffs' claims for intentional-tort and alter ego liability are hereby DISMISSED. Signed by Judge Sarah S. Vance on 8/10/2022. (mm) |
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GPO
Aug 16 2022
ORDER AND REASONS granting 493 Motion for Partial Summary Judgment. Signed by Judge Sarah S. Vance on 8/16/2022. (mm) |
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GPO
Aug 23 2022
ORDER AND REASONS denying 491 Motion in Limine to Exclude the Testimony of Plaintiff's Expert, Gerard L. Baril for the reasons stated herein. Signed by Judge Sarah S. Vance on 8/23/2022. (mm) |
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GPO
Aug 29 2022
ORDER AND REASONS granting in part and denying in part 494 Motion for Partial Summary Judgment for the reasons set forth in document. Signed by Judge Sarah S. Vance on 8/29/2022. (mm) |
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GPO
Sep 09 2022
ORDER AND REASONS denying 469 Motion for Summary Judgment for the reasons set forth in document. Signed by Judge Sarah S. Vance on 9/9/2022. (mm) |
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GPO
Sep 29 2022
ORDER AND REASONS granting in part and denying in part 632 Motion in Limine to Exclude the Testimony of Dr. Samuel Forman for the reasons stated herein. Signed by Judge Sarah S. Vance on 9/29/2022. (mm) |
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GPO
Oct 04 2022
ORDER AND REASONS denying 555 Motion for Summary Judgment for the reasons set forth in document. Signed by Judge Sarah S. Vance on 10/4/2022. (mm) |
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GPO
Oct 07 2022
ORDER and REASONS re 1114 Motion for Partial Summary Judgment on plaintiffs' wrongful death claims for loss of income and expenses. The Court GRANTS defendants' motion for partial summary judgment, as stated herein. Signed by Judge Sarah S. Vance on 10/7/2022. (cbs) |
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GPO
Oct 12 2022
ORDER AND REASONS denying 509 Motion in Limine to Limit Testimony of Dr. Brent Finley for the reasons set forth in document. Signed by Judge Sarah S. Vance on 10/12/2022. (mm) |
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GPO
Oct 14 2022
ORDER and REASONS granting 528 Motion to Strike certain expert witnesses, as stated herein. Signed by Judge Sarah S. Vance on 10/14/2022. (cbs) |
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GPO
Oct 24 2022
ORDER AND REASONS granting in part and denying in part 929 Motion in Limine for the reasons set forth in document. Signed by Judge Sarah S. Vance on 10/24/2022. (mm) |
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GPO
Oct 24 2022
ORDER and REASONS granting 889 Motion to Quash Plaintiffs' trial subpoena, as stated herein. Signed by Judge Sarah S. Vance on 10/24/2022. (cbs) |
| Docket last updated: 7 hours ago |
| Wednesday, April 17, 2024 | ||
| 1336 | 1336
appeal
USCA Order
Wed 04/17 3:05 PM
ORDER of USCA as to1330 Notice of Appeal. Under Fed. R. App. P. 42(b), the appeal is dismissed as of April 17, 2024, pursuant to appellant's motion.(cs) |
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Att: 1
USCA Transmittal Letter
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