Cushman v. LeBeouf Bros. Towing, L.L.C.
| Louisiana Eastern District Court | |
| Judge: | Wendy B Vitter |
| Referred: | Karen Wells Roby |
| Case #: | 2:23-cv-01244 |
| Nature of Suit | 340 Torts - Personal Injury - Marine |
| Cause | 46:30104 Marine Personal Injury |
| Case Filed: | Apr 13, 2023 |
| Terminated: | Feb 16, 2024 |
| Last checked: Friday Oct 13, 2023 3:03 PM CDT |
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Defendant
LeBeouf Bros. Towing, L.L.C.
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Represented By
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Plaintiff
Ben Cushman
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Represented By
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| Docket last updated: 6 hours ago |
| Friday, February 16, 2024 | ||
| 35 | 35
1
pgs
order
Order Dismissing Case
Fri 02/16 12:55 PM
ORDER DISMISSING CASE: IT IS HEREBY ORDERED that this action is DISMISSED without costs and WITHOUT PREJUDICE to the right, upon good cause shown, to reopen the action if settlement is not consummated within a reasonable time. The Court thanks the parties and the Magistrate Judge for their early and successful efforts in amicably resolving this matter. The Court retains jurisdiction to enforce the compromise agreed upon by the parties. Signed by Judge Wendy B Vitter on 2/16/2024.(mmv) |
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| Thursday, February 15, 2024 | ||
| 34 | 34
minutes
Settlement Conference
Fri 02/16 11:33 AM
Minute Entry for proceedings held before Magistrate Judge Karen Wells Roby: Settlement Conference held on 2/15/2024. Negotiations were successful and a settlement was reached. The District Judge's staff has been notified to enter a dismissal with a retention of jurisdiction for settlement enforcement purposes.(Court Reporter Alexis Vice.) (pp)(NEF:Section D) |
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| Thursday, February 08, 2024 | ||
| 33 | 33
order
Order on Motion to Withdraw as Attorney
Thu 02/08 10:22 AM
TEXT ORDER (No PDF Document Attached) GRANTING32 Motion to Withdraw as Counsel of Record. Attorney Carter Lee Sayers terminated. Signed by Judge Wendy B Vitter on 2/8/24. (fml) |
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| Wednesday, February 07, 2024 | ||
| 32 | 32
motion
Withdraw as Attorney
Wed 02/07 3:47 PM
EXPARTE/CONSENT MOTION to Withdraw Carter L. Sayers as Attorney by LeBeouf Bros. Towing, L.L.C..(Crawford, Todd) |
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Att: 1
Proposed Order
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| Tuesday, January 30, 2024 | ||
| 31 | 31
1
pgs
order
Order on Motion for Miscellaneous Relief
Tue 01/30 2:37 PM
ORDER GRANTING27 Motion for Court-Ordered Production. IT IS FURTHER ORDERED that A Better Way Counseling LLC shall produce all records pertaining to Benjamin Cushman no later than 14 days from the signing of this order. Signed by Magistrate Judge Karen Wells Roby on 1/30/2024. (pp) |
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| Thursday, January 18, 2024 | ||
| 30 | 30
respm
Response to Motion
Thu 01/18 1:05 PM
RESPONSE to Motion filed by Ben Cushman re27 MOTION for Court-Ordered Production . (Sterbcow, Paul) |
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| Thursday, January 11, 2024 | ||
| 29 | 29
trial
Witness List
Thu 01/11 5:10 PM
Witness List by LeBeouf Bros. Towing, L.L.C.. (Crawford, Todd) |
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| 28 | 28
trial
Exhibit List
Thu 01/11 5:09 PM
Exhibit List by LeBeouf Bros. Towing, L.L.C.. (Crawford, Todd) |
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| 27 | 27
motion
Miscellaneous Relief
Thu 01/11 10:08 AM
MOTION for Court-Ordered Production by LeBeouf Bros. Towing, L.L.C.. Motion(s) referred to Karen Wells Roby. Motion(s) will be submitted on 1/31/2024.(Crawford, Todd) |
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Att: 1
Memorandum in Support,
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Att: 2
Notice of Submission
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| Friday, December 29, 2023 | ||
| 26 | 26
trial
Witness List
Fri 12/29 10:47 AM
Witness List by Ben Cushman. (Ibert, Jessica) |
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| 25 | 25
trial
Exhibit List
Fri 12/29 10:46 AM
Exhibit List by Ben Cushman. (Ibert, Jessica) |
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| Wednesday, December 27, 2023 | ||
| 24 | 24
minutes
Status Conference
Wed 12/27 1:00 PM
Minute Entry for proceedings held before Judge Wendy B Vitter: Telephone Status Conference held on 12/27/2023. IT IS HEREBY ORDERED that counsel for LeBeouf Bros. Towing, LLC shall provide pictures of the third barge at issue to counsel for Ben Cushman by Monday, January 1, 2024. IT IS FURTHER ORDERED that the15 Scheduling Order, as20 amended, is further AMENDED with respect to the following deadlines as set forth in document. All other deadlines in the15 Scheduling Order, as20 amended, remain in effect. (mmv) |
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| Wednesday, December 20, 2023 | ||
| 23 | 23
order
Order on Motion for Miscellaneous Relief
Wed 12/20 11:00 AM
TEXT ORDER (No PDF Document Attached) GRANTING22 Unopposed Motion for Telephone Status Conference. A telephone status conference is scheduled for Wednesday, December 27, 2023 at 9:30 a.m. (CST). Dial-in information will be emailed to counsel of record. Signed by Judge Wendy B Vitter on 12/20/23. (fml) |
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| Tuesday, December 19, 2023 | ||
| 22 | 22
motion
Miscellaneous Relief
Tue 12/19 7:16 PM
EXPARTE/CONSENT MOTION Request for Status Conference by Ben Cushman.(Ibert, Jessica) |
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Att: 1
Memorandum in Support,
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Att: 2
Proposed Order
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| Tuesday, November 28, 2023 | ||
| 21 | 21
2
pgs
order
Order Set Hearings
Tue 11/28 3:50 PM
SETTLEMENT CONFERENCE ORDER: All lead counsel are ORDERED TO APPEAR on February 15, 2024, at 2:00 PM before before Magistrate Judge Karen Wells Roby. Signed by Magistrate Judge Karen Wells Roby on 11/27/2023.(lb) |
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| Tuesday, November 21, 2023 | ||
| 20 | 20
4
pgs
order
Order
Tue 11/21 5:03 PM
AMENDED TELEPHONE STATUS CONFERENCE REPORT AND ORDER: ORDERED that the Telephone Status Conference Report and Order (R. Doc. 19) is hereby STRICKEN from the record. FURTHER ORDERED that Plaintiff's unopposed oral motion to continue certain deadlines in the Scheduling Order is GRANTED as modified. The Court's Scheduling Order (R. Doc. 15) is hereby AMENDED as set forth in document. Signed by Judge Wendy B Vitter on 11/21/2023.(my) |
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| Monday, November 20, 2023 | ||
| 19 | 19
minutes
Status Conference
Mon 11/20 3:41 PM
Minute Entry for proceedings held before Judge Wendy B Vitter: Telephone Status Conference held on 11/20/2023. IT IS HEREBY ORDERED that Plaintiff's unopposed oral motion to continue certain deadlines in the Scheduling Order is GRANTED as modified. The Court's Scheduling Order (R. Doc. 15) is hereby AMENDED. (cs) |
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| Monday, November 06, 2023 | ||
| 18 | 18
order
Order on Motion for Miscellaneous Relief
Mon 11/06 11:31 AM
TEXT ORDER (No PDF Document Attached) granting17 Motion. IT IS HEREBY ORDERED that a Telephone Status Conference be held in this matter on Monday, November 20, 2023 at 10:00 a.m. Dial-in information will be provided to counsel of record. Signed by Judge Wendy B Vitter on 11/6/2023. (ctc) |
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| Friday, November 03, 2023 | ||
| 17 | 17
motion
Miscellaneous Relief
Fri 11/03 3:50 PM
EXPARTE/CONSENT Joint MOTION for Status Conference by LeBeouf Bros. Towing, L.L.C. and by Ben Cushman.(Ibert, Jessica) Modified text on 11/3/2023 (mmv) |
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Att: 1
Memorandum in Support,
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Att: 2
Proposed Order
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| Monday, August 21, 2023 | ||
| 16 | 16
minutes
Status Conference
Mon 08/21 4:58 PM
Minute Entry for proceedings held before Judge Wendy B Vitter: Telephone Status Conference held on 8/21/2023. During the conference, the Court discussed with counsel the status of the case. The deadlines set forth in the Court's15 Scheduling Order remain in effect. (mmv) |
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| Thursday, July 27, 2023 | ||
| 15 | 15
order
Scheduling Order
Thu 07/27 3:53 PM
SCHEDULING ORDER:Jury Trial set for 4/15/2024 09:00 AM before Judge Wendy B Vitter. Final Pretrial Conference set for 3/28/2024 02:00 PM before Judge Wendy B Vitter. Telephone Status Conference set for 8/21/2023 03:00 PM before Judge Wendy B Vitter. All discovery must be completed by 1/29/2024. Signed by Judge Wendy B Vitter on 7/27/23.(cg) |
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Att: 1
Rule 7.1 Disclosure Form,
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Att: 2
Pretrial Notice Form
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| Wednesday, July 19, 2023 | ||
| 14 | 14
1
pgs
order
Order ~Util - Set/Reset Hearings
Wed 07/19 12:18 PM
RE-NOTICE OF HEARING **time change**: Due to a conflict on the Court's calendar, the call-in scheduling conference set for 7/27/2023 will now begin at 03:30 PM before case manager by telephone. By Clerk. Please follow the dial-in instructions provided in this notice.(mmv) |
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| Wednesday, July 05, 2023 | ||
| 13 | 13
misc
Statement of Corporate Disclosure
Wed 07/05 12:26 PM
Statement of Corporate Disclosure by LeBeouf Bros. Towing, L.L.C. (Crawford, Todd) |
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| Wednesday, June 21, 2023 | ||
| 12 | 12
1
pgs
order
Order ~Util - Set/Reset Hearings
Wed 06/21 4:08 PM
NOTICE OF HEARING. A call-in scheduling conference is set for 7/27/2023 09:30 AM before case manager by telephone. By Clerk. Please follow the dial-in instructions provided in this notice.(mmv) |
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| Tuesday, May 09, 2023 | ||
| 11 | 11
answer
Answer to Amended Complaint Answer to Complaint
Tue 05/09 4:04 PM
ANSWER to5 Amended Complaint,1 Complaint, with Jury Demand , ANSWER to5 Amended Complaint,1 Complaint, with Jury Demand by LeBeouf Bros. Towing, L.L.C..Attorney Todd Gregory Crawford added to party LeBeouf Bros. Towing, L.L.C.(pty:dft).(Crawford, Todd) |
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| Tuesday, April 25, 2023 | ||
| 10 | 10
notice
Notice (Other)
Tue 04/25 11:23 AM
NOTICE to Visiting Attorney Admitted Pro Hac Vice re 9 Text Order on Motion to Appear Pro Hac Vice. (mmv) |
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| 9 | 9
order
Order on Motion to Appear Pro Hac Vice
Tue 04/25 10:45 AM
TEXT ORDER (No PDF Document Attached) GRANTING8 Motion to Appear Pro Hac Vice. Desi V. Tobias is permitted to appear as a visiting attorney for and on behalf of plaintiff, Ben Cushman. Signed by Judge Wendy B Vitter on 4/25/23. (fmm) |
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| Monday, April 24, 2023 | ||
| 8 | 8
motion
Appear Pro Hac Vice
Mon 04/24 10:20 AM
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-9906716) by Ben Cushman.(Ibert, Jessica) |
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Att: 1
Certificate of Good Standing,
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Att: 2
Affidavit of Out-of-State Atty,
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Att: 3
Proposed Order,
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Att: 4
Consent to E-Filing Form
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| Friday, April 21, 2023 | ||
| 7 | 7
service
Summons Returned Executed
Fri 04/21 12:59 PM
SUMMONS Returned Executed; LeBeouf Bros. Towing, L.L.C. served on 4/18/2023, answer due 5/9/2023. (Ibert, Jessica) |
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| Friday, April 14, 2023 | ||
| 6 | 6
service
Summons Issued
Fri 04/14 2:14 PM
Summons Issued as to LeBeouf Bros. Towing, L.L.C. (mmv) |
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| 5 | 5
cmp
Amended Complaint
Fri 04/14 1:55 PM
AMENDED COMPLAINT with Jury Demand against LeBeouf Bros. Towing, L.L.C. filed by Ben Cushman.(Ibert, Jessica) |
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Att: 1
Summons
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| 4 | 4
1
pgs
order
Order
Fri 04/14 9:29 AM
ORDER: IT IS HEREBY ORDERED that the Seaman's3 Amended Complaint for Damages Under the Jones Act, Etc. be STRICKEN from the record because it is not a comprehensive pleading and, instead, refers to deletions, substitutions and/or additions to the original1 Complaint for Damages. IT IS FURTHER ORDERED that plaintiff, Ben Cushman, shall have five (5) days from the date of this Order to file a comprehensive amended complaint, without further leave of Court, that includes all of Plaintiff's numbered allegations, as revised, supplemented, and/or amended, and which will become the operative complaint in this matter without reference to any other document in the record. Signed by Judge Wendy B Vitter on 4/14/2023.(mmv) |
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| Thursday, April 13, 2023 | ||
| 3 | 3
cmp
Amended Complaint
Thu 04/13 2:27 PM
AMENDED COMPLAINT with Jury Demand against LeBeouf Bros. Towing, L.L.C. filed by Ben Cushman.(Ibert, Jessica) |
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Att: 1
Summons
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| 2 | 2
misc
Initial Case Assignment
Thu 04/13 12:06 PM
Initial Case Assignment to Judge Wendy B Vitter and Magistrate Judge Karen Wells Roby. (cc) |
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| 1 | 1
cmp
Complaint
Thu 04/13 11:33 AM
COMPLAINT against LeBeouf Bros. Towing, L.L.C. (Filing fee $ 402 receipt number ALAEDC-9893409) filed by Ben Cushman.Attorney Jessica Lynne Ibert added to party Ben Cushman(pty:pla).(Ibert, Jessica) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons
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