McKinney Salvage LLC v. Southwest Materials Inc
| Louisiana Western District Court | |
| Judge: | James D Cain, Jr |
| Referred: | Thomas P Leblanc |
| Case #: | 2:23-cv-00626 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1333 Admiralty |
| Case Filed: | May 10, 2023 |
| Terminated: | Jul 25, 2024 |
| Last checked: Friday Nov 10, 2023 9:22 AM CST |
|
Claimant
McKinney Salvage L L C
|
Represented By
|
|
Defendant
Southwest Materials Inc
|
Represented By
|
| Docket last updated: 4 hours ago |
| Tuesday, August 27, 2024 | ||
| 22 | 22
1
pgs
order
Order on Motion for Consent Judgment
Tue 08/27 11:20 AM
JUDGMENT granting21 Motion for Consent Judgment. IT IS ORDERED, ADJUDGED, AND DECREED that judgment is hereby entered in favor of Plaintiff, McKinney Salvage, LLC, and against Defendant, Southwest Materials, Inc. inthe amount of $200,000.00. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this is a final judgment. By stipulation of the Parties, this final judgment is not appealable. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that all costs are taxed against the party who incurred them. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that all other or further relief requested in this civil action that is not granted herein is denied. Signed by Judge James D Cain, Jr on 8/27/2024. (crt,Stewart, T) |
|
| Monday, August 26, 2024 | ||
| 21 | 21
motion
Consent Judgment
Mon 08/26 10:58 AM
Joint MOTION for Consent Judgment by Southwest Materials Inc, McKinney Salvage LLC. Motion Ripe Deadline set for 8/26/2024.(aty,Bruchhaus, David) Modified filers on 8/26/2024 (Chavis, J) |
|
|
Att: 1
Proposed order Proposed Judgment
|
||
| Thursday, July 25, 2024 | ||
| 20 | 20
order
Judgment - Dismissal (30,60,90 day)
Thu 07/25 11:53 AM
60 DAY JUDGMENT OF DISMISSAL. Signed by Judge James D Cain, Jr on 7/25/2024. (crt,Stewart, T) |
|
| Wednesday, July 17, 2024 | ||
| 19 | 19
order
Order ~Util - Set Scheduling Order Deadlines
Wed 07/17 10:02 AM
ELECTRONIC ORDER The Pretrial Conference is RESET for 7/30/2024 at 11:00 AM in chambers before Judge James D Cain Jr. Signed by Judge James D Cain, Jr on 7/17/2024. (crt,Fontenot, S) |
|
| Tuesday, June 25, 2024 | ||
| 18 | 18
minutes
Status Conference
Tue 06/25 10:47 AM
MINUTES for proceedings held before Magistrate Judge Thomas P LeBlanc: A STATUS CONFERENCE was held on 6/25/2024. Participating by telephone were: Andre J. Mouledoux for plaintiff and David P. Bruchhaus and Lenzi Cecilia Hebert for defendant. Counsel announced they are ready for trial, subject to defendant obtaining two additional depositions. The parties have agreed to coordinate those depositions in a timely manner. The parties anticipate the length of trial to be 2 to 3 days. Defendant is currently pursuing claims against its insurer related to this matter, and all parties expressed interest in participating in a magistrate judge settlement conference following resolution of defendant's claims against its insurer. The parties were urged to contact chambers should they elect to pursue a settlement conference. (jud,LeBlanc, Thomas P) |
|
| Wednesday, April 17, 2024 | ||
| 17 | 17
1
pgs
order
Order on Motion for Partial Summary Judgment
Wed 04/17 1:45 PM
JUDGMENT in accordance with the16 Memorandum Ruling, IT IS ORDERED, ADJUDGED, and DECREED that the Motion for Partial Summary Judgment12 filed by the Plaintiff, McKinney Salvage LLC, is hereby GRANTED. Signed by Judge James D Cain, Jr on 4/17/2024. (crt,Stewart, T) |
|
| 16 | 16
10
pgs
order
Memorandum Ruling
Wed 04/17 1:44 PM
MEMORANDUM RULING re12 MOTION for Partial Summary Judgment filed by McKinney Salvage L L C. Signed by Judge James D Cain, Jr on 4/17/2024. (crt,Stewart, T) |
|
| Friday, March 22, 2024 | ||
| 15 | 15
respm
Reply to Response to Motion
Fri 03/22 2:54 PM
REPLY to Response to Motion re12 MOTION for Partial Summary Judgment filed by McKinney Salvage L L C. (aty,Mouledoux, Andre) |
|
| Monday, March 18, 2024 | ||
| 14 | 14
18
pgs
respm
Memorandum in Opposition to Motion
Mon 03/18 8:31 PM
MEMORANDUM in Opposition re12 MOTION for Partial Summary Judgment filed by Southwest Materials Inc.(aty,Bruchhaus, David) |
|
|
Att: 1
Statement of material facts Stmt of Contested Material Facts,
|
||
|
Att: 2
Affidavit Affidavit of Chad Alcock w. Refs,
|
||
|
Att: 3
Exhibit SW v. XL Joint Rule 26(f) Report,
|
||
|
Att: 4
Exhibit SW v. XL - SW Resp. to Int. 4 & 5,
|
||
|
Att: 5
Exhibit Deposition of Fred Budwine,
|
||
|
Att: 6
Exhibit SW v. XL - SW Resp. to RFP 1,
|
||
|
Att: 7
Exhibit Email w. McKinney Proposal and chain Responses,
|
||
|
Att: 8
Exhibit Doc.12-2 (McKinney v. SW),
|
||
|
Att: 9
Affidavit Affidavit of Jordan Himel w. Refs,
|
||
|
Att: 10
Exhibit SW v. XL - SW Resp. to RFP 23,
|
||
|
Att: 11
Exhibit SW v. XL - SW Resp. to RFP 15,
|
||
|
Att: 12
Exhibit Doc. 7 Joint Rule 26(f) Report (McKinney v. SW),
|
||
|
Att: 13
Exhibit Petition filed by SW against XL Specialty,
|
||
|
Att: 14
Exhibit SW v. XL Scheduling Order,
|
||
|
Att: 15
Exhibit 07.03.21 Alcock Email hiring Budwine,
|
||
|
Att: 16
Exhibit SW Resp. to McKinney RFAs
|
||
| Tuesday, February 27, 2024 | ||
| 13 | 13
notice
Notice of Motion Setting
Tue 02/27 4:15 PM
NOTICE of Motion Setting with oral argument regarding:12 MOTION for Partial Summary Judgment . Motions referred to Judge James D Cain, Jr. Motion day set for 4/24/2024 before Judge James D Cain Jr. (crt,Chavis, J) |
|
| 12 | 12
motion
Partial Summary Judgment
Tue 02/27 3:43 PM
MOTION for Partial Summary Judgment by McKinney Salvage L L C.(aty,Mouledoux, Andre) |
|
|
Att: 1
Memorandum / Brief,
|
||
|
Att: 2
Exhibit "A",
|
||
|
Att: 3
Exhibit "B",
|
||
|
Att: 4
Statement of material facts,
|
||
|
Att: 5
Proposed pleading Notice of Submission
|
||
| Tuesday, January 23, 2024 | ||
| 11 | 11
order
Minute Entry ~Util - Set Deadlines
Tue 01/23 1:18 PM
ELECTRONIC MINUTE ENTRY: Pretrial statements are due by 7/29/2024.(crt,Jones, P) |
|
| Tuesday, January 09, 2024 | ||
| 10 | 10
order
Scheduling Order - Cain/Kay
Tue 01/09 5:23 PM
ELECTRONIC SCHEDULING ORDER Governing Pretrial Procedure:Bench Trial set for 9/3/2024 09:00 AM in Lake Charles, Courtroom 4 before Judge James D Cain Jr. Pretrial Conference set for 7/31/2024 11:30 AM in chambers before Judge James D Cain Jr. Magistrate Judge Status Conference set for 6/25/2024 10:30 AM by telephone before Magistrate Judge Thomas P LeBlanc. Plaintiffs Expert Info/Reports due by 5/6/2024. Defendants Expert Info/Reports due by 5/21/2024. Amended Pleadings due by 5/6/2024. Dispositive Motions due by 6/5/2024. Daubert Motions due by 7/5/2024. Motions in Limine due by 7/5/2024. Compel discovery 7/5/2024. Deadline for filing motion for protective order is 8/6/2024. Pretrial statements due by 8/6/2024. Electronic Exhibits due by 8/27/2024. Real Time glossary due by 8/27/2024.Signed by Magistrate Judge Thomas P LeBlanc on 1/9/2024.(crt,Montanio, V) |
|
| 9 | 9
minutes
Scheduling Conference
Tue 01/09 5:14 PM
MINUTES for proceedings held before Magistrate Judge Thomas P LeBlanc: SCHEDULING CONFERENCE held on 1/9/2024. Participating were: Andre J. Mouledoux, for plaintiff, and David P. Bruchhaus, for defendant. Bench Trial set for 9/3/2024 09:00 AM in Lake Charles, Courtroom 4 before Judge James D Cain Jr. Pretrial Conference set for 7/31/2024 11:30 AM in chambers before Judge James D Cain Jr. Magistrate Judge Status Conference set for 6/25/2024 10:30 AM by telephone before Magistrate Judge Thomas P LeBlanc. Counsel are to call into the Chambers Teleconference Line at 877-336-1274, Access Code 7066014, to participate in the MJSC. See separately docketed Scheduling Order and document linked thereto for additional deadlines and explanations of those deadlines. (crt,Montanio, V) |
|
| 8 | 8
order
_ADI Minute Entry Reassigning Case (ADI ONLY)
Tue 01/09 12:13 PM
ELECTRONIC MINUTE ENTRY issued by the Clerk. Case reassigned to Magistrate Judge Thomas P LeBlanc. Magistrate Judge Kathleen Kay no longer assigned to case. All future filings should bear the name of the new judge assignment. Approved by Judge Terry A Doughty on 1/9/2024. (crt,Kiper, C) |
|
| Thursday, December 21, 2023 | ||
| 7 | 7
misc
Rule 26(f) Report
Thu 12/21 10:21 AM
Joint RULE 26(f) Report by McKinney Salvage L L C and by Southwest Materials, Inc . (aty,Mouledoux, Andre) Modified filers on 12/21/2023 (Chavis, J) |
|
| Monday, October 16, 2023 | ||
| 6 | 6
1
pgs
order
Order Setting Scheduling Conference
Mon 10/16 4:29 PM
ORDER: Scheduling Conference set for 1/9/2024 at 03:30 PM by telephone before Magistrate Judge Kathleen Kay. (Attachment: #1 Attachment to scheduling conference order)(crt,Stewart, T) |
|
| Friday, June 23, 2023 | ||
| 5 | 5
answer
Answer to Complaint
Fri 06/23 8:31 AM
ANSWER to1 Complaint, by Southwest Materials Inc.(aty,Bruchhaus, David) |
|
| Friday, June 16, 2023 | ||
| 4 | 4
service
Waiver of Service Executed
Fri 06/16 3:04 PM
WAIVER OF SERVICE Returned Executed by Southwest Materials Inc. Southwest Materials Inc waiver sent on 5/16/2023, answer due 7/17/2023. (Attorney David P Bruchhaus added to party Southwest Materials Inc(pty:dft)) (aty,Bruchhaus, David) |
|
| Tuesday, May 16, 2023 | ||
| 3 | 3
misc
Corporate Disclosure Statement
Tue 05/16 1:55 PM
CORPORATE DISCLOSURE STATEMENT by McKinney Salvage L L C. (aty,Mouledoux, Andre) |
|
| 2 | 2
service
Summons Issued - All (Form Included)
Tue 05/16 11:19 AM
SUMMONS ISSUED as to Southwest Materials Inc. (crt,Chavis, J) |
|
|
transfer
Divisional Transfer
Tue 05/16 11:10 AM
DIVISIONAL TRANSFER of Old Case Number 6:23-cv-626 from Lafayette Division to Lake Charles Division. New Case Number 2:23-cv-0626. Case assigned to Judge James D Cain, Jr and Magistrate Judge Kathleen Kay. (crt,Chavis, J) |
||
| Wednesday, May 10, 2023 | ||
| 1 | 1
COMPLAINT against Southwest Materials, Inc. (Filing fee $402, receipt number ALAWDC-5554294) filed by McKinney Salvage, LLC.(Attorney Andre J Mouledoux added to party McKinney Salvage, LLC(pty:pla))(aty,Mouledoux, Andre)
|
|
|
Att: 1
Civil cover sheet,
|
||
|
Att: 2
Exhibit "A" Invoice
|
||