Guillory v. Lopez et al

Louisiana Western District Court
Judge:	David C Joseph
Referred:	David J Ayo
Case #:	6:23-cv-00545
Nature of Suit	350 Torts - Personal Injury - Motor Vehicle
Cause	28:1441 Notice of Removal

Case Filed:	Apr 26, 2023
Terminated:	Jun 11, 2024
Case in other court:	15th JDC, Acadia Parish, 202310242

Docket
Parties (5)

Last checked: Monday Oct 23, 2023 3:33 AM CDT

Defendant Jorge Lopez
Defendant J T Xpress Transport Corp
Defendant Prime Property & Casualty Insurance Inc	Represented By J Geoffrey Ormsby Smith & Fawer (no) contact info McDonald G Provosty Smith & Fawer (no) contact info
Defendant Jorge Luis Carrera
Plaintiff Keith J Guillory	Represented By Charles Stanislaus Feucht Law Office Of Stan Feucht contact info

Docket last updated: 12 hours ago

Monday, August 12, 2024
43		43 1 pgs order Order on Motion to Dismiss/Joint or Voluntary Mon 08/12 8:25 AM ORDER:Granting42 Voluntary Motion to Dismiss. Signed by Judge David C Joseph on 8/12/2024. (crt,LaCombe, L) Related: [-]
Friday, August 09, 2024
42		42 motion Dismiss/Joint or Voluntary Fri 08/09 10:23 AM JOINT/VOLUNTARY MOTION to Dismiss, styled as STIPULATION of Dismissal by Prime Property & Casualty Insurance Inc, Keith J Guillory.(aty,Provosty, McDonald) Modified to add filer on 8/9/2024 (Thomas, T) Related: [-]
		Att: 1 Proposed order Judgment
		utility Set Motion and R&R Deadlines/Hearings Fri 08/09 10:48 AM Set/Reset Deadlines as to42 Motion to Dismiss/Joint or Voluntary, styled as Stipulation of Dismissal. Motion Ripe Deadline set for 8/9/2024. (crt,Thomas, T) Related: [-]
Tuesday, June 11, 2024
41		41 1 pgs order Judgment - Dismissal (30,60,90 day) Tue 06/11 7:51 AM 60 DAY JUDGMENT OF DISMISSAL. IT IS ORDERED that this action is DISMISSED, without prejudice to the right, upon good cause shown within sixty (60) days of the signing of this Order, to reopen the action if settlement is not consummated. The Clerk is now requested to close this case. Signed by Judge David C Joseph on 6/11/2024. (crt,LaCombe, L) Related: [-]
Monday, June 10, 2024
40		40 2 pgs notice Notice of Settlement Mon 06/10 9:20 AM NOTICE of Settlement by J T Xpress Transport Corp, Jorge Lopez (aty,Bash, Lottie) Related: [-]
Tuesday, June 04, 2024
39		39 order Order Tue 06/04 9:38 AM ELECTRONIC ORDER - IT is ORDERED that the parties submit briefing on whether a direct action may be brought against an insurer alone in light of La. R.S. 1269(b)(1)(c) by June 20, 2024. Signed by Magistrate Judge David J Ayo on 6/4/2024. (crt,Kallam, M) Related: [-]
		utility Set/Reset Deadlines Tue 06/04 2:32 PM Set/Reset Deadlines: Compliance Deadline set for 6/20/2024. (crt,Chicola, C) Related: [-]
Thursday, May 16, 2024
38		38 1 pgs minutes Status Conference Mon 06/03 10:49 AM MINUTES for proceedings held before Magistrate Judge David J Ayo: TELEPHONE STATUS CONFERENCE held on 5/16/2024. The Court informed the parties that it would issue an Order with a briefing schedule on the issue of whether a direct action may be brought against the insurer alone in light of La. R.S. 1269(b)(1)(c). Once this issue is fully briefed, the Court will issue a ruling in due course. (crt,Chicola, C) Related: [-]
Tuesday, May 14, 2024
37		37 order Order Tue 05/14 2:40 PM ELECTRONIC ORDER - IT IS ORDERED that the hearing with oral argument set on Thursday, May 16, 2024 at 11:00 a.m. is CANCELLED and RESET as a telephone status conference on the same date and at the same time - Thursday, May 16, 2024 at 11:00 a.m. The participants will join the teleconference by dialing 888-684-8852 and entering access code 5910394. Signed by Magistrate Judge David J Ayo on 5/14/2024. (crt,Kallam, M) Related: [-]
		utility Set/Reset Hearings Tue 05/14 4:08 PM ALERT: Set/Reset Hearings: Please note a change to: Hearing Location. Status Conference set for 5/16/2024 11:00 AM by phone before Magistrate Judge David J Ayo. (crt,Chicola, C) Related: [-]
Thursday, May 02, 2024
36		36 respm Supplemental Memorandum in Support of Motion Thu 05/02 2:59 PM SUPPLEMENTAL MEMORANDUM in Support re30 MOTION to Dismiss Due to Insufficiency of Service of Process Pursuant to FRCP 12(b)(5) filed by J T Xpress Transport Corp, Jorge Lopez.(crt,Thomas, T) Related: [-]
		Att: 1 Exhibit C-Affidavit of Jorge Martinez (signed Spanish version),
		Att: 2 Exhibit C(1)-Driver's License of Jorge Martinez,
		Att: 3 Exhibit D-Affidavit of Jorge Martinez (unsigned English version)
35		35 1 pgs order Order on Motion for Leave to File Thu 05/02 2:51 PM ORDER granting34 Motion for Leave to File. Signed by Magistrate Judge David J Ayo on 5/2/2024. (crt,Thomas, T) Related: [-]
Wednesday, May 01, 2024
34		34 2 pgs motion Leave to File Document Wed 05/01 5:06 PM MOTION for Leave to File SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION TO DETERMINE SUFFICIENCY OF SERVICE OF PROCESS BY JORGE LOPEZ AND JT XPRESS TRANSPORT CORP. with consent by J T Xpress Transport Corp, Jorge Lopez. Motions referred to David J Ayo. Motion Ripe Deadline set for 5/1/2024.(aty,Bash, Lottie) Related: [-]
		Att: 1 Proposed order,
		Att: 2 3 pgs Memorandum / Brief,
		Att: 3 Exhibit C-Affidavit of Jorge Martinez (signed Spanish version),
		Att: 4 Exhibit C(1)-Driver's License of Jorge Martinez,
		Att: 5 Exhibit D-Affidavit of Jorge Martinez (unsigned English version)
Tuesday, April 16, 2024
33		33 1 pgs order Order on Motion to Dismiss Tue 04/16 1:25 PM ORDER: It is hereby ORDERED that18 Motion to Dismiss is DENIED AS MOOT. ORDERED that30 Motion to Determine Sufficiency of Service of Process shall come before the undersigned for hearing with oral argument on Thursday, May 16, 2024 at 11:00 a.m. in Courtroom 7. At least one counsel of record for each party shall appear and participate in oral argument. No further pre-hearing briefs are required. Signed by Magistrate Judge David J Ayo on 4/16/2024. (crt,Chicola, C) Modified to add docket entry relationship on 4/16/2024 (Chicola, C) Related: [-]
		utility Set Motion and R&R Deadlines/Hearings Tue 04/16 1:26 PM Set/Reset Deadlines as to30 MOTION to Dismiss Plaintiff's Claims against Jorge Lopez and JT Xpress Transport Corp. Motion set for 5/16/2024 11:00 AM in Lafayette, Courtroom 7 before Magistrate Judge David J Ayo. (crt,Chicola, C) Related: [-]
Monday, February 12, 2024
32		32 1 pgs notice Notice of Motion Setting Tue 02/13 9:43 AM NOTICE of Motion Setting regarding:30 MOTION to Dismiss Plaintiff's Claims against Jorge Lopez and JT Xpress Transport Corp.. Motions referred to Magistrate Judge David J Ayo. (crt,Chavis, J) Related: [-]
31		31 4 pgs respm Memorandum in Opposition to Motion Mon 02/12 6:47 PM MEMORANDUM in Opposition re18 MOTION to Dismiss Due to Insufficiency of Service of Process Pursuant to FRCP 12(b)(5) filed by Keith J Guillory. (aty,Feucht, Charles) Related: [-]
30		30 2 pgs motion Dismiss Mon 02/12 5:16 PM MOTION to Dismiss Plaintiff's Claims against Jorge Lopez and JT Xpress Transport Corp. by J T Xpress Transport Corp, Jorge Lopez.(Attorney Lottie L Bash added to party Jorge Lopez(pty:dft))(aty,Bash, Lottie) Related: [-]
		Att: 1 Memorandum / Brief,
		Att: 2 Proposed order,
		Att: 3 Proposed order,
		Att: 4 Exhibit A- 2022 Annual Report,
		Att: 5 Exhibit B- 2022 Amended Annual Report
		utility Motions Transferred Tue 02/13 9:46 AM Motions Transferred regarding30 MOTION to Dismiss Plaintiff's Claims against Jorge Lopez and JT Xpress Transport Corp.. Motions referred to Magistrate Judge David J Ayo. (crt,Chavis, J) Related: [-]
Friday, January 12, 2024
29		29 misc Corporate Disclosure Statement Fri 01/12 9:06 AM CORPORATE DISCLOSURE STATEMENT by J T Xpress Transport Corp. (aty,Hoffmann, Franklin) Related: [-]
Thursday, January 11, 2024
28		28 misc Diversity Jurisdiction Disclosure Statement Thu 01/11 3:06 PM DIVERSITY JURISDICTION DISCLOSURE STATEMENT by J T Xpress Transport Corp.(aty,Hoffmann, Franklin) Related: [-]
		Att: 1 Exhibit A - Articles of Dissolution,
		Att: 2 Exhibit B - Articles of Incorporation,
		Att: 3 Exhibit C - Annual Report,
		Att: 4 Exhibit D - Amended Annual Report,
		Att: 5 Exhibit E - Letter to Jorge Lopez
Monday, December 04, 2023
27		27 service Affidavit of Service Mon 12/04 11:43 AM AFFIDAVIT of Service via Louisiana Long-arm Statute for Petition for Damages and Amended Petition for Damages served on Jorge Luis Carrera on 10/05/2023, filed by Keith J Guillory. Jorge Luis Carrera answer due 10/26/2023.(aty,Feucht, Charles) Modified on 12/4/2023 to add answer due date (Miletello, A) Related: [-]
		Att: 1 Exhibit from SOS,
		Att: 2 Exhibit Letter to SOS
Friday, November 17, 2023
26		26 1 pgs order Order on Motion for Extension (Other) Order on Motion for Extension of Time to File Response/Reply Mon 11/20 7:52 AM ORDER granting25 MOTION for Extension of Time to File Diversity Jurisdiction Disclosure Statement, Jurisdiction Disclosure Statement, and Plaintiffs Opposition to the Motion for Insufficiency of Service with consent MOTION for Extension of Time to File Response/Reply as to18 MOTION to Dismiss Due to Insufficiency of Service of Process Pursuant to FRCP 12(b)(5) with consent . IT IS FURTHER ORDERED that the requirement that JT Xpress Transport Corp. to prepare and file a Diversity Jurisdiction Disclosure Statement and Jurisdiction Disclosure Statement be and is hereby extended until 1/12/2024. IT IS FURTHER ORDERED that the deadline for Plaintiff to file an opposition to the18 Motion to Dismiss Due to Insufficiency of Service of Process pursuant to FRCP 12(b)(5) be and is hereby extended until 2/13/2024. Signed by Magistrate Judge David J Ayo on 11/17/2023. (crt,Chicola, C) Related: [-]
		utility Set/Reset Deadlines Thu 11/30 8:42 AM Set/Reset Deadlines: Corporate Disclosure Statement due by 1/12/2024. Diversity Jurisdiction Disclosure Statement due by 1/12/2024. (crt,Mitchell, P) Related: [-]
Tuesday, November 14, 2023
		utility Motions Transferred Tue 11/14 8:51 AM Motions Transferred regarding25 MOTION for Extension of Time to File Diversity Jurisdiction Disclosure Statement, Jurisdiction Disclosure Statement, and Plaintiffs Opposition to the Motion for Insufficiency of Service with consent MOTION for Extension of Time to File Response/Reply as to18 MOTION to Dismiss Due to Insufficiency of Service of Process Pursuant to FRCP 12(b)(5) with consent . Motions referred to Judge David C Joseph. (crt,Thomas, T) Related: [-]
		utility Motions Transferred Tue 11/14 12:36 PM Motions Transferred:25 MOTION for Extension of Time to File Diversity Jurisdiction Disclosure Statement, Jurisdiction Disclosure Statement, and Plaintiffs Opposition to the Motion for Insufficiency of Service with consent, MOTION for Extension of Time to File Response/Reply as to18 MOTION to Dismiss Due to Insufficiency of Service of Process Pursuant to FRCP 12(b)(5) with consent. Motion referred to Magistrate Judge David J Ayo. (crt,LaCombe, L) Related: [-]
Monday, November 13, 2023
25		25 motion Extension (Other) Extension of Time to File Response/Reply to Motion Mon 11/13 3:09 PM MOTION for Extension of Time to File Diversity Jurisdiction Disclosure Statement, Jurisdiction Disclosure Statement, and Plaintiffs Opposition to the Motion for Insufficiency of Service with consent , MOTION for Extension of Time to File Response/Reply as to18 MOTION to Dismiss Due to Insufficiency of Service of Process Pursuant to FRCP 12(b)(5) with consent (Motion Ripe Deadline set for 11/13/2023.) by J T Xpress Transport Corp. Motions referred to David J Ayo.(aty,Hoffmann, Franklin) Related: [-]
		Att: 1 Proposed order
Monday, November 06, 2023
24		24 service Affidavit of Service Mon 11/06 4:06 PM AFFIDAVIT of Service for Petition for Damages served on JT Xpress Transport Corp. on 11/03/2023, filed by Keith J Guillory.(aty,Feucht, Charles) Related: [-]
		Att: 1 Affidavit Service on Jorge Lopez
Thursday, November 02, 2023
23		23 2 pgs misc Diversity Jurisdiction Disclosure Statement Thu 11/02 9:59 AM DIVERSITY JURISDICTION DISCLOSURE STATEMENT by Keith J Guillory. (aty,Feucht, Charles) Related: [-]
Wednesday, November 01, 2023
22		22 notice Notice of Motion Setting Wed 11/01 10:02 AM NOTICE of Motion Setting regarding:18 MOTION to Dismiss Due to Insufficiency of Service of Process Pursuant to FRCP 12(b)(5). Motions referred to Magistrate Judge David J Ayo. (crt,Chicola, C) Related: [-]
Tuesday, October 31, 2023
		utility Motions Transferred Tue 10/31 4:29 PM Motions Transferred regarding18 MOTION to Dismiss Due to Insufficiency of Service of Process Pursuant to FRCP 12(b)(5). Motions referred to Magistrate Judge David J Ayo. (crt,LaCombe, L) Related: [-]
Monday, October 30, 2023
21		21 notice Notice of Diversity Jurisdiction Disclosure Statement Requirement (Form Included) Mon 10/30 9:08 AM NOTICE of Diversity Jurisdiction Disclosure Statement Requirement re:18 Motion to Dismiss, sent to Franklin Andrew Hoffmann on behalf of J T Xpress Transport Corp. Diversity Jurisdiction Disclosure Statement due by 11/13/2023. (crt,Thomas, T) Related: [-]
20		20 notice Notice of Corporate Disclosure Statement Requirement (Form Included) Mon 10/30 9:07 AM NOTICE of Corporate Disclosure Statement Requirement re:18 Motion to Dismiss, sent to Franklin Andrew Hoffmann on behalf of J T Xpress Transport Corp. Corporate Disclosure Statement due by 11/13/2023. (crt,Thomas, T) Related: [-]
19		19 notice Notice of Motion Setting Mon 10/30 9:05 AM NOTICE of Motion Setting regarding:18 MOTION to Dismiss Due to Insufficiency of Service of Process Pursuant to FRCP 12(b)(5). Motions referred to Judge David C Joseph. (crt,Thomas, T) Related: [-]
Friday, October 27, 2023
18		18 motion Dismiss Fri 10/27 11:04 AM MOTION to Dismiss Due to Insufficiency of Service of Process Pursuant to FRCP 12(b)(5) by J T Xpress Transport Corp.(Attorney Franklin Andrew Hoffmann added to party J T Xpress Transport Corp(pty:dft))(aty,Hoffmann, Franklin) Related: [-]
		Att: 1 Memorandum / Brief,
		Att: 2 Exhibit A - Affidavit of James McKay
Friday, September 22, 2023
17		17 answer Answer to Amended Complaint Fri 09/22 3:45 PM ANSWER to15 Amended Complaint with Jury Demand by Prime Property & Casualty Insurance Inc.(aty,Ormsby, J) Related: [-]
Tuesday, September 05, 2023
16		16 service Summons Issued - All (Form Included) Tue 09/05 10:40 AM SUMMONS ISSUED as to Jorge Luis Carrera. (crt,Thomas, T) Related: [-]
Friday, September 01, 2023
15		15 cmp Amended Complaint Tue 09/05 10:37 AM AMENDED COMPLAINT against J T Xpress Transport Corp, Prime Property & Casualty Insurance Inc, Jorge Luis Carrera filed by Keith J Guillory.(crt,Thomas, T) Modified to correct file date on 9/5/2023 (Thomas, T) Related: [-]
14		14 1 pgs order Order on Motion to Amend/Correct Tue 09/05 10:34 AM ORDER granting13 Motion to Amend/Correct. Signed by Magistrate Judge David J Ayo on 9/1/2023. (crt,Thomas, T) Related: [-]
Tuesday, August 29, 2023
13		13 3 pgs motion Amend/Correct Tue 08/29 11:52 AM Unopposed MOTION to Amend/Correct Complaint filed within1 Notice of Removal, with consent by Keith J Guillory. Motions referred to David J Ayo. Motion Ripe Deadline set for 8/29/2023.(aty,Feucht, Charles) Modified on 8/29/2023 (Thomas, T) Related: [-]
		Att: 1 1 pgs Proposed order,
		Att: 2 Proposed pleading 1st Supp and Amended Petition
Friday, August 04, 2023
12		12 service Affidavit of Service Fri 08/04 11:32 AM AFFIDAVIT of Service for Petition for Damages served on JT Xpress Transport Corp. on 07/10/2023, filed by Keith J Guillory. Answer due 7/21/23.(aty,Feucht, Charles) Modified to add answer due date on 8/4/2023 (Thomas, T) Related: [-]
		Att: 1 Exhibit Long Arm Letter and Petition,
		Att: 2 Exhibit Return Receipt
Thursday, July 27, 2023
11		11 service Summons Issued - All (Form Included) Thu 07/27 11:51 AM SUMMONS ISSUED as to J T Xpress Transport Corp, Jorge Lopez. (crt,Thomas, T) Related: [-]
		service Request for Issuance of Summons Thu 07/27 11:26 AM REQUEST FOR ISSUANCE OF SUMMONS as to J T Xpress Transport Corp, Jorge Lopez, requested by Keith J Guillory. (aty,Feucht, Charles) Related: [-]
Friday, June 02, 2023
10		10 answer Answer to Complaint Fri 06/02 6:02 PM ANSWER to Complaint with Jury Demand by Prime Property Casualty Insurance Inc.(aty,Provosty, McDonald) Related: [-]
9		9 misc Diversity Jurisdiction Disclosure Statement Fri 06/02 5:54 PM DIVERSITY JURISDICTION DISCLOSURE STATEMENT by Prime Property Casualty Insurance Inc. (aty,Provosty, McDonald) Related: [-]
8		8 misc Corporate Disclosure Statement Fri 06/02 5:52 PM CORPORATE DISCLOSURE STATEMENT by Prime Property Casualty Insurance Inc identifying Corporate Parent Prime Holdings Insurance Services, Inc, Other Affiliate Prime Plaza Associates, LLC, Other Affiliate Prime Insurance Company, Other Affiliate Prime Property & Casualty Insurance, Inc. for Prime Property Casualty Insurance Inc. (aty,Provosty, McDonald) Related: [-]
Monday, May 15, 2023
7		7 notice Notice of Corporate Disclosure-2nd NOTICE (Form Included) Mon 05/15 9:33 AM SECOND NOTICE of Corporate Disclosure Statement Requirement, re:3 Notice of Corporate Disclosure Statement Requirement, sent to McDonald G Provosty on behalf of Prime Property Casualty Insurance Inc. Show Cause Response due by 5/30/2023. (crt,Mitchell, P) Related: [-]
Tuesday, May 02, 2023
6		6 order Removal Order Tue 05/02 1:47 PM REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge David J Ayo on 5/2/2023. (crt,Chicola, C) Related: [-]
Thursday, April 27, 2023
5		5 2 pgs misc Civil Cover Sheet Thu 04/27 11:03 AM CIVIL COVER SHEET by Prime Property Casualty Insurance Inc. (aty,Provosty, McDonald) (Main Document 5 modified to nonfillable form and replaced on 4/27/2023) (Thomas, T) Related: [-]
4		4 notice Notice of Diversity Jurisdiction Disclosure Statement Requirement (Form Included) Thu 04/27 9:49 AM NOTICE of Diversity Jurisdiction Disclosure Statement Requirement re:1 Notice of Removal, sent to McDonald G Provosty on behalf of Prime Property Casualty Insurance Inc. Diversity Jurisdiction Disclosure Statement due by 5/11/2023. (crt,Thomas, T) Related: [-]
3		3 notice Notice of Corporate Disclosure Statement Requirement (Form Included) Thu 04/27 9:48 AM NOTICE of Corporate Disclosure Statement Requirement re:1 Notice of Removal, sent to McDonald G Provosty on behalf of Prime Property Casualty Insurance Inc. Corporate Disclosure Statement due by 5/11/2023. (crt,Thomas, T) Related: [-]
2		2 motion Proposed Order (Court User Only/Public Entry No NEF) Thu 04/27 9:32 AM PROPOSED REMOVAL ORDER Referred to Magistrate Judge David J Ayo. Motion Ripe Deadline set for 4/27/2023. (crt,Thomas, T) Related: [-]
Wednesday, April 26, 2023
1		1 7 pgs cmp Notice of Removal Wed 04/26 6:06 PM NOTICE of Removal from 15th JDC Acadia Parish, Case Number 202310242 (Filing fee $402, receipt number ALAWDC-5539139) filed by Prime Property Casualty Insurance, Inc..(Attorney McDonald G Provosty added to party Prime Property Casualty Insurance, Inc.(pty:dft))(aty,Provosty, McDonald) Related: [-]
		Att: 1 7 pgs Exhibit Petition for Damages,
		Att: 2 Exhibit Service on Prime,
		Att: 3 Exhibit 15th JDC state records,
		Att: 4 Exhibit Notice of Filing Notice of Removal,
		Att: 5 2 pgs Exhibit List
		service State Court Service Returned Executed (Removal Cases) Thu 04/27 8:49 AM STATE COURT Service Returned Executed. Prime Property Casualty Insurance Inc answer due 5/3/2023. ADMINISTRATIVE ENTRY: The PDF image can be found within Attachment #2 of document1 Notice of Removal. (crt,Thomas, T) Related: [-]
		utility Case Assigned/Reassigned Thu 04/27 9:05 AM CASE Assigned to Judge David C Joseph and Magistrate Judge David J Ayo. (crt,Thomas, T) Related: [-]

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