Catalano v. USAA Casualty Insurance Company
| Louisiana Eastern District Court | |
| Judge: | Brandon S Long |
| Referred: | Janis Van Meerveld |
| Case #: | 2:23-cv-05415 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Insurance Contract |
| Case Filed: | Sep 20, 2023 |
| Terminated: | Dec 20, 2024 |
| Case in other court: | 24th JDC For The Parish Of Jefferson, 844087 |
| Last checked: Monday Mar 18, 2024 3:28 AM CDT |
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Defendant
USAA Casualty Insurance Company
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Represented By
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Defendant
Storm Damage Solutions LLC
749 Eagle Point Drive
Saint Augustine, FL 32092 |
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Interested Party
Hurricane Ida Program Administrator
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Represented By
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Plaintiff
Jennifer Catalano
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Represented By
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| Docket last updated: 39 minutes ago |
| Wednesday, January 15, 2025 | ||
| 46 | 46
21
pgs
order
Order
Wed 01/15 10:54 AM
HURRICANE IDA CLAIMS: ORDER Regarding Settlement of Former MMA Cases. Signed by Chief Judge Nannette Jolivette Brown on 12/19/2024.(lag) |
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| Monday, December 23, 2024 | ||
| 45 | 45
misc
Correction of Docket Entry by Clerk
Mon 12/23 10:37 AM
Correction of Docket Entry by Clerk re44 Stipulation of Dismissal: Document contains incorrect Section Judge. All future pleadings must reflect Section O, District Judge Brandon S. Long. (meb) |
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| Friday, December 20, 2024 | ||
| 44 | 44
misc
Stipulation of Dismissal
Fri 12/20 12:20 PM
STIPULATION of Dismissal With Prejudice by Jennifer Catalano (Smith, Mekel) |
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| 43 | 43
1
pgs
order
Order
Fri 12/20 11:09 AM
HURRICANE IDA CLAIMS: ORDERED that defendant/insurers, through counsel, immediately determine whether any of their settled Hurricane Ida cases remain on the docket of this Court and immediately file a Notice of Settlement in said case so that it can be dismissed by the District Judge. This process shall be completed in no more than 21 days of this Order. Signed by Chief Judge Nannette Jolivette Brown on 12/18/2024.(lag) |
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| Thursday, October 03, 2024 | ||
| 42 | 42
motion
Dismiss Case
Thu 10/03 10:55 AM
EXPARTE/CONSENT Joint MOTION to Dismiss Case with prejudice by USAA Casualty Insurance Company, Jennifer Catalano.(Schroeder, Roy) Modified text/filers on 10/3/2024 (meb) |
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Att: 1
Proposed Order
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| Tuesday, August 20, 2024 | ||
| 41 | 41
2
pgs
order
Order on Motion to Dismiss/Failure to State a Claim Order on Motion for Leave to File
Wed 08/21 11:53 AM
ORDER: IT IS ORDERED that USAA's17 motion to dismiss is GRANTED. Plaintiff's claims pursuant to LA. STAT. ANN. § 22:1961, et seq.; LA. STAT. ANN. § 51:1401, et seq.; and LA. CIV. CODE ANN. ARTS. 1997 and 1998 are dismissed with prejudice. IT IS FURTHER ORDERED that Plaintiff's24 motion for leave to amend is DENIED as moot. Signed by Judge Brandon S. Long on 08/20/2024. (js) |
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| Friday, June 21, 2024 | ||
| 40 | 40
2
pgs
order
Order
Fri 06/21 9:02 AM
HURRICANE IDA CLAIMS - ORDER re Motions to Compel and Payment of Mediation Fees. Signed by Chief Judge Nannette Jolivette Brown on 06/17/2024.(lag) |
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| Wednesday, April 24, 2024 | ||
| 39 | 39
misc
Correction of Docket Entry by Clerk
Wed 04/24 9:14 AM
Correction of Docket Entry by Clerk re36 MOTION to Vacate28 Order on Motion for Entry of Default. Filing attorney selected incorrect submission date. Correct date is 5/15/2024. Clerk took corrective action. (js) |
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| Tuesday, April 23, 2024 | ||
| 38 | 38
respm
Response/Memorandum in Opposition to Motion
Tue 04/23 3:51 PM
RESPONSE/MEMORANDUM in Opposition filed by Jennifer Catalano re34 MOTION to Dismiss for Lack of Jurisdiction . (Smith, Mekel) |
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| 37 | 37
respm
Response/Memorandum in Opposition to Motion
Tue 04/23 2:38 PM
RESPONSE/MEMORANDUM in Opposition filed by Storm Damage Solutions LLC re32 MOTION to Strike30 Answer to Amended Complaint . (Bivalacqua, Salvador) |
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| 36 | 36
motion
Vacate
Tue 04/23 2:33 PM
MOTION to Vacate28 Order on Motion for Entry of Default by Storm Damage Solutions LLC. Motion(s) will be submitted on 5/1/2024.(Bivalacqua, Salvador) |
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Att: 1
Memorandum in Support,
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Att: 2
Notice of Submission
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| Wednesday, April 17, 2024 | ||
| 35 | 35
1
pgs
order
Order on Motion to Expedite
Wed 04/17 1:41 PM
ORDER: IT IS ORDERED that the33 motion of Defendant Storm Damage Solutions, LLC to expedite the Court's consideration of its pending motion to dismiss is DENIED. The submission dates for the motion to dismiss by Defendant Storm Damage Solutions, LLC and the motion to strike Defendant Storm Damage Solutions, LLC's answer by Plaintiff Jennifer Catalano remain May 1, 2024. Signed by Judge Brandon S. Long on 04/17/2024. (js) |
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| Monday, April 08, 2024 | ||
| 34 | 34
motion
Dismiss/Lack of Jurisdiction
Mon 04/08 4:31 PM
MOTION to Dismiss for Lack of Jurisdiction by Storm Damage Solutions LLC. Motion(s) will be submitted on 5/1/2024.(Bivalacqua, Salvador) |
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Att: 1
Memorandum in Support,
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Att: 2
Notice of Submission
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| 33 | 33
motion
Expedite
Mon 04/08 4:25 PM
EXPARTE/CONSENT MOTION to Expedite Consideration of Motion to Dismiss Pursuant to Rule 12(b)(1) by Storm Damage Solutions LLC.(Bivalacqua, Salvador) |
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Att: 1
Proposed Order
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| Wednesday, April 03, 2024 | ||
| 32 | 32
motion
Strike
Wed 04/03 2:12 PM
MOTION to Strike30 Answer to Amended Complaint by Jennifer Catalano. Motion(s) will be submitted on 5/1/2024.(Smith, Mekel) |
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Att: 1
Memorandum in Support,
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Att: 2
Proposed Order,
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Att: 3
Notice of Submission
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| Wednesday, March 27, 2024 | ||
| 31 | 31
misc
Correction of Docket Entry by Clerk
Wed 03/27 1:21 PM
Correction of Docket Entry by Clerk re30 Answer to Amended Complaint. Document contains incorrect Section Judge. All future pleadings must reflect Section O, Judge Brandon S. Long. (js) |
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| Tuesday, March 26, 2024 | ||
| 30 | 30
answer
Answer to Amended Complaint
Tue 03/26 4:18 PM
ANSWER to15 Amended Complaint by Storm Damage Solutions LLC.Attorney Salvador I Bivalacqua added to party Storm Damage Solutions LLC(pty:dft).(Bivalacqua, Salvador) |
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| Monday, March 18, 2024 | ||
| 29 | 29
motion
Default Judgment
Mon 03/18 11:53 AM
MOTION for Default Judgment as to Storm Damage Solutions LLD D/B/A Smart Tarp by Jennifer Catalano. Motion(s) will be submitted on 3/18/2024.(Smith, Mekel) |
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Att: 1
Memorandum in Support,
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Att: 2
Proposed Order,
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Att: 3
Exhibit Dec of Mekel Smith,
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Att: 4
Exhibit Proof of Delivery,
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Att: 5
Exhibit Tarp Invoice,
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Att: 6
Exhibit Gurtler Inv & Report,
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Att: 7
Exhibit Bulava Inv & Report,
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Att: 8
Exhibit DML Shed Invoice,
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Att: 9
Exhibit Side Pocket,
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Att: 10
Exhibit DML Shed Invoice 2,
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Att: 11
Exhibit DML Shed Invoice 3,
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Att: 12
Exhibit McDonald Invoice,
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Att: 13
Exhibit Painting Receipts
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| Friday, March 01, 2024 | ||
| 28 | 28
1
pgs
order
Order on Motion for Entry of Default
Fri 03/01 5:06 PM
ORDER granting27 Motion for Entry of Default as to Storm Damage Solutions LLC. Signed by Clerk on 03/01/2024. (js) |
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| Wednesday, February 21, 2024 | ||
| 27 | 27
motion
Entry of Default
Wed 02/21 4:33 PM
EXPARTE/CONSENT MOTION for Entry of Default as to Storm Damage Solutions, LLC DBA Smart Tarp by Jennifer Catalano.(Smith, Mekel) |
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Att: 1
Proposed Order Clerk's Order,
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Att: 2
Exhibit Declaration
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| Monday, February 19, 2024 | ||
| 26 | 26
respm
Reply to Response to Motion
Mon 02/19 4:13 PM
REPLY to Response to Motion filed by Jennifer Catalano re24 Motion for Leave to Amend Complaint for Partial Dismissal of Claims Plaintiff's Reply to Defendant, USAA's, Response to Plaintiff's Motion for Leave to Amend Complaint for Partial Dismissal of Claims .(Smith, Mekel) |
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Att: 1
Exhibit Declaration Exhibit A,
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Att: 2
Exhibit Exhibit 1,
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Att: 3
Exhibit Exhibit 2,
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Att: 4
Exhibit Exhibit 3,
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Att: 5
Exhibit Exhibit 4,
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Att: 6
Exhibit Exhibit 5,
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Att: 7
Exhibit Exhibit 6
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| Wednesday, February 14, 2024 | ||
| 25 | 25
respm
Response to Motion
Wed 02/14 11:03 PM
RESPONSE to Motion filed by USAA Casualty Insurance Company re24 Motion for Leave to Amend Complaint for Partial Dismissal of Claims . (Schroeder, Roy) |
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| Monday, February 05, 2024 | ||
| 24 | 24
motion
Amend/Correct
Mon 02/05 4:05 PM
MOTION to Amend/Correct For Leave to Amend Complaint for Partial Dismissal of Claims by Jennifer Catalano. Motion(s) will be submitted on 2/21/2024.(Dugan, James) |
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Att: 1
Memorandum in Support,
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Att: 2
Proposed Order,
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Att: 3
Notice of Submission
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| Saturday, January 27, 2024 | ||
| 23 | 23
motion
Dismiss
Sat 01/27 3:24 PM
MOTION to Dismiss Partial Dismissal of Claims by Jennifer Catalano. Motion(s) will be submitted on 2/21/2024.(Smith, Mekel) |
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Att: 1
Proposed Order,
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Att: 2
Notice of Submission
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| Thursday, January 25, 2024 | ||
| 22 | 22
service
Summons Returned Executed
Thu 01/25 1:06 PM
SUMMONS Returned Executed; Storm Damage Solutions LLC served on 1/25/2024, answer due 2/15/2024. (Plymale, Douglas) |
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| Thursday, January 11, 2024 | ||
| 21 | 21
minutes
~Util - Set/Reset Motion and R&R Deadlines/Hearings Order ~Util - Terminate Motions
Thu 01/11 10:40 AM
ORDER: IT IS ORDERED that the unopposed motion of Plaintiff Jennifer Catalano to extend the deadline to respond to Defendant USAA Casualty Insurance Company's Federal Rule of Civil Procedure 12(b)(6) motion to dismiss is GRANTED. The submission date on the motion to dismiss is continued to February 7, 2024, and Plaintiff's response to the motion to dismiss is due on January 30, 2024. In accordance with Local Civil Rule 7.2, no oral argument or hearing will be conducted on the February 7, 2024 submission date unless the Court enters a separate order specifically setting the motion to dismiss for oral argument or hearing. Signed by Judge Brandon S. Long on 01/11/2024.(js) |
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| Thursday, December 28, 2023 | ||
| 20 | 20
motion
Extension of Time to File Response/Reply
Thu 12/28 3:36 PM
EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to17 MOTION to Dismiss for Failure to State a Claim by Jennifer Catalano. Motion(s) referred to Janis van Meerveld.(Smith, Mekel) |
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Att: 1
Proposed Order Motion for Extension of Time
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| 19 | 19
28
pgs
order
Order Transferring Case
Thu 12/28 9:56 AM
ORDER TRANSFERRING CASE. Case transferred to Judge Brandon S. Long. Chief Judge Nannette Jolivette Brown no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown on 12/27/2023.(lag) |
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| Monday, December 18, 2023 | ||
| 18 | 18
30+
pgs
order
Order
Mon 12/18 4:08 PM
HURRICANE IDA CLAIMS Fourth Amendment to CMO No. 1. Signed by Chief Judge Nannette Jolivette Brown on 12/12/2023.(lag) |
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| Monday, December 11, 2023 | ||
| 17 | 17
motion
Dismiss/Failure to State a Claim/FRCP12(b)(6)
Mon 12/11 8:02 PM
MOTION to Dismiss for Failure to State a Claim by USAA Casualty Insurance Company. Motion(s) will be submitted on 1/10/2024.(Schroeder, Roy) |
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Att: 1
Notice of Submission,
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Att: 2
Memorandum in Support
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| Monday, November 27, 2023 | ||
| 16 | 16
service
Summons Issued
Mon 11/27 2:29 PM
Summons Issued as to Storm Damage Solutions LLC. (mp) |
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| 15 | 15
cmp
Amended Complaint
Mon 11/27 2:26 PM
FIRST AMENDED COMPLAINT with Jury Demand against USAA Casualty Insurance Company, Storm Damage Solutions LLC filed by Jennifer Catalano.(mp) |
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| 14 | 14
2
pgs
order
Order on Motion for Leave to File
Mon 11/27 2:24 PM
ORDER granting12 Motion for Leave to File First Amended Complaint. Signed by Chief Judge Nannette Jolivette Brown on November 27, 2023. (mp) |
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| Friday, November 24, 2023 | ||
| 13 | 13
misc
Correction of Docket Entry by Clerk
Fri 11/24 10:25 AM
Correction of Docket Entry by Clerk re12 MOTION for Leave to File . Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action. (cs) |
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| Wednesday, November 22, 2023 | ||
| 12 | 12
motion
Leave to File Document
Wed 11/22 2:24 PM
EXPARTE/CONSENT MOTION for Leave to File by Jennifer Catalano. Motion(s) referred to Janis van Meerveld.(Dugan, James) |
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Att: 1
Memorandum in Support,
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Att: 2
Proposed Pleading,
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Att: 3
Exhibit Amended Complaint
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| Friday, November 17, 2023 | ||
| 11 | 11
answer
Answer to Complaint - Notice of Removal
Fri 11/17 7:07 PM
ANSWER to1 Notice of Removal,, with Jury Demand by USAA Casualty Insurance Company.(Schroeder, Roy) |
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| Thursday, November 16, 2023 | ||
| 10 | 10
cmp
Amended Complaint
Thu 11/16 2:15 PM
DEFICIENT: First AMENDED COMPLAINT with Jury Demand against USAA Casualty Insurance Company, Storm Damage Solutions, LLC, d/b/a Smart-Tarp filed by Jennifer Catalano.(Dugan, James) Modified on 11/16/2023 (mp) |
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Att: 1
Summons
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| Thursday, October 12, 2023 | ||
| 9 | 9
misc
ADI event
Thu 10/12 4:59 PM
Amended Exhibit A to Hurricane Ida Case Management Order. (lag) |
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| Tuesday, October 10, 2023 | ||
| 8 | 8
misc
ADI event
Tue 10/10 2:37 PM
Amended Exhibit A to Hurricane Ida Case Management Order. (lag) |
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| Wednesday, October 04, 2023 | ||
| 7 | 7
notice
Notice of Compliance
Wed 10/04 12:53 PM
Notice of Compliance by USAA Casualty Insurance Company re1 Notice of Removal. (Schroeder, Roy) Modified link on 10/4/2023 (mp) |
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| Tuesday, October 03, 2023 | ||
| 6 | 6
30+
pgs
order
Order
Tue 10/03 11:54 AM
HURRICANE IDA CLAIMS Third Amendment to CMO No. 1. Signed by Chief Judge Nannette Jolivette Brown on 09/14/2023.(lag) |
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| Thursday, September 21, 2023 | ||
| 5 | 5
30+
pgs
order
Order
Thu 09/21 9:06 AM
HURRICANE IDA CASES Second Amendment to CMO No. 1. Signed by Chief Judge Nannette Jolivette Brown on 9/12/2023.(mp) |
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| 4 | 4
30+
pgs
order
Order
Thu 09/21 8:47 AM
HURRICANE IDA CLAIMS AMENDED CASE MANAGEMENT ORDER NO. 1 with Addendum. Signed by Chief Judge Nannette Jolivette Brown on 10/25/2022.(mp) |
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| 3 | 3
1
pgs
order
Order
Thu 09/21 8:46 AM
DIRECTIVE of the Clerk regarding compliance with 28:1447(b) re1 Notice of Removal.(mp) |
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| 2 | 2
misc
Initial Case Assignment
Thu 09/21 7:59 AM
Initial Case Assignment to Chief Judge Nannette Jolivette Brown and Magistrate Judge Janis van Meerveld. (cc) |
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| Wednesday, September 20, 2023 | ||
| 1 | 1
notice
Notice of Removal
Wed 09/20 5:41 PM
NOTICE OF REMOVAL with jury demand from 24th JDC For The Parish Of Jefferson, case number 844087 (Filing fee $ 402 receipt number ALAEDC-10165666) filed by USAA Casualty Insurance Company.Attorney Roy L. Schroeder added to party USAA Casualty Insurance Company(pty:dft).(Schroeder, Roy) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit A - State Court Petition,
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Att: 3
Exhibit B - State Cour Summons And Service Return,
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Att: 4
Exhibit C - Dec Page,
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Att: 5
Exhibit D - Plaintiff Demand And Estimate,
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Att: 6
Exhibit E - Notice Of Filing
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