Louisiana Eastern District Court
Judge:Eldon E Fallon
Referred: Karen Wells Roby
Case #: 2:24-cv-00342
Nature of Suit330 Torts - Personal Injury - Federal Employers’ Liability
Cause45:51 Railways: Fed. Employer's Liability Act
Case Filed:Feb 07, 2024
Last checked: Tuesday Aug 06, 2024 3:31 AM CDT
Defendant
New Orleans Public Belt Railroad Commission for the Port of New Orleans
Represented By
Rosalie Margaret Haug
Chaffe Mccall Llp (new Orleans)
contact info
Jean-Paul Abadie Escudier
Board Of Commissioners For The Port Of New Orleans
contact info
Brent A. Talbot
Chaffe Mccall, LLP
contact info
Michelle West Scelson
Port Of New Orleans
contact info
Defendant
New Orleans Public Belt Railroad Corporation
Defendant
Public Belt Railroad Commission for the City of New Orleans
Plaintiff
Elmo Lee, Jr.
Represented By
Blake G. Arata, Jr.
Rome, Arata, Baxley & Stelly, LLC
contact info
Mary Alison Barnes
Rome, Arata, Baxley & Stelly, LLC
contact info
William Chad Stelly
Rome, Arata, Baxley, & Stelly
contact info

GPO May 30 2024
ORDER AND REASONS granting 7 Motion to Dismiss for Failure to State a Claim. Signed by Judge Eldon E. Fallon on 5/30/2024. (my)

Docket last updated: 4 hours ago
Tuesday, May 06, 2025
32 32 motion Partial Summary Judgment Tue 05/06 6:46 PM
MOTION for Partial Summary Judgment on Liability by Elmo Lee, Jr.. Motion(s) will be submitted on 5/21/2025.(Stelly, William)
Related: [-]
Att: 1 Exhibit A Depo of Plaintiff portions,
Att: 2 Exhibit B Plaintiff's Statement,
Att: 3 Exhibit C Depo of Mackie portions,
Att: 4 Exhibit D Photos,
Att: 5 Exhibit E Depo of Wise portions,
Att: 6 Statement of Contested/Uncontested Facts,
Att: 7 Memorandum in Support,
Att: 8 Notice of Submission
Tuesday, April 29, 2025
31 31 notice Notice of Appearance Tue 04/29 5:59 PM
NOTICE of Appearance by Mary Alison Barnes on behalf of Elmo Lee, Jr.. (Barnes, Mary)
Related: [-]
Friday, April 25, 2025
30 30 23 pgs order Order on Motion to Compel Fri 04/25 3:33 PM
ORDER: IT IS ORDERED that the Plaintiff's17 Motion to Compel is GRANTED IN PART and DENIED IN PART. IT IS GRANTED to the extent that Plaintiff Elmer Lee Jr.'s request to compel Defendant to provide amended verifications and further responses to Interrogatory Nos. 1, 2, 9, 11, 12, 14, 25, and 27 and Request for Production Nos. 27 and 57 is GRANTED. IT IS FURTHER ORDERED that Defendant New Orleans Public Belt Railroad Commission for the Port of New Orleans shall produce these amended verifications and supplemental responses to Plaintiff's counsel by no later close of business on Friday, April 25, 2025. IT IS DENIED to the extent that Plaintiff Elmer Lee Jr.'s request to compel Defendant New Orleans Public Belt Railroad Commission for the Port of New Orleans to provide further responses to Interrogatory Nos. 5 and 6 and Request for Production Nos. 5, 6, 8, 28, 34, 56, 58, 60, and 62 is DENIED. Signed by Magistrate Judge Karen Wells Roby on 4/25/2025. (pp)
Related: [-]
Tuesday, April 22, 2025
29 29 minutes Motion Hearing Fri 04/25 3:31 PM
Minute Entry for proceedings held before Magistrate Judge Karen Wells Roby: Motion Hearing held on 4/22/2025 re17 MOTION to Compel Responses to Interrogatories and Requests for Production . (Court Reporter Toni Tusa.) (pp)
Related: [-]
Tuesday, April 15, 2025
28 28 minutes ~Util - Set/Reset Motion and R&R Deadlines/Hearings Order Tue 04/15 4:47 PM
ORDER: IT IS ORDERED that the Court's27 Order on Defendants'26 Unopposed Motion for Expedited Consideration is hereby REVOKED AND RESCINDED. IT IS FURTHER ORDERED that oral argument on Plaintiff's17 Motion to Compel is hereby RESET for April 22, 2025, at 2:00pm. IT IS FURTHER ORDERED that Defendants' Unopposed Motion for Expedited Consideration is DENIED AS MOOT. Signed by Magistrate Judge Karen Wells Roby on 4/15/2025.(pp)
Related: [-]
27 27 2 pgs order Order on Motion to Expedite Tue 04/15 2:06 PM
ORDER: IT IS ORDERED that the Defendant's Unopposed26 Motion for Expedited Consideration is GRANTED, and the request to continue is DENIED because the matter was improperly filed, as explained above. Signed by Magistrate Judge Karen Wells Roby on 4/15/2025. (pp)
Related: [-]
Monday, April 14, 2025
26 26 motion Expedite Mon 04/14 4:56 PM
EXPARTE/CONSENT MOTION to Expedite Consideration of Motion to Continue and Reset Oral Argument by New Orleans Public Belt Railroad Commission for the Port of New Orleans. Motion(s) referred to Karen Wells Roby.(Talbot, Brent)
Related: [-]
Att: 1 Proposed Order,
Att: 2 Proposed Pleading,
Att: 3 Proposed Order
25 25 respm Reply to Response to Motion Mon 04/14 12:35 PM
REPLY to Response to Motion filed by Elmo Lee, Jr. re17 MOTION to Compel Responses to Interrogatories and Requests for Production . (Stelly, William)
Related: [-]
Thursday, April 10, 2025
24 24 minutes ~Util - Set/Reset Motion and R&R Deadlines/Hearings Order Thu 04/10 4:20 PM
ORDER: IT IS ORDERED that Plaintiff's17 Motion to Compel shall be heard by oral argument on April 16, 2025, at 11:00 a.m. Signed by Magistrate Judge Karen Wells Roby on 4/10/2025.(pp)
Related: [-]
Tuesday, April 08, 2025
23 23 respm Response/Memorandum in Opposition to Motion Tue 04/08 8:13 PM
RESPONSE/MEMORANDUM in Opposition filed by New Orleans Public Belt Railroad Commission for the Port of New Orleans re17 MOTION to Compel Responses to Interrogatories and Requests for Production .(Haug, Rosalie)
Related: [-]
Att: 1 Exhibit 1 - NOPB's 1st Supplemental Responses to Requests for Production,
Att: 2 Exhibit 2 - NOPB's 2d Supplemental Responses to Requests for Production,
Att: 3 Exhibit 3 - NOPB's 3d Supplemental Responses to Requests for Production,
Att: 4 Exhibit 4 - NOPB's 4th Supplemental Responses to Requests for Production,
Att: 5 Exhibit 5 - NOPB's 5th Supplemental Responses to Requests for Production,
Att: 6 Exhibit 6 - NOPB's 6th Supplemental Responses to Requests for Production,
Att: 7 Exhibit 7 - NOPB's 7th Supplemental Responses to Requests for Production,
Att: 8 Exhibit 8 - NOPB's 8th Supplemental Responses to Requests for Production,
Att: 9 Exhibit 9 - NOPB's 1st Supplemental Answers to Interrogatories,
Att: 10 Exhibit 10 - NOPB's Interrogatory Verifications
22 22 trial Exhibit List Tue 04/08 12:29 AM
Amended Exhibit List by Elmo Lee, Jr.. (Stelly, William)
Related: [-]
21 21 trial Witness List Tue 04/08 12:11 AM
Amended Witness List by Elmo Lee, Jr.. (Stelly, William)
Related: [-]
Monday, April 07, 2025
20 20 trial Witness List Tue 04/08 12:00 AM
Witness List by Elmo Lee, Jr.. (Stelly, William)
Related: [-]
19 19 trial Exhibit List Mon 04/07 11:58 PM
Exhibit List by Elmo Lee, Jr.. (Stelly, William)
Related: [-]
18 18 trial Witness and Exhibit List Mon 04/07 8:18 PM
Witness and Exhibit List by New Orleans Public Belt Railroad Commission for the Port of New Orleans. (Haug, Rosalie)
Related: [-]
Tuesday, April 01, 2025
17 17 motion Compel Tue 04/01 11:54 AM
MOTION to Compel Responses to Interrogatories and Requests for Production by Elmo Lee, Jr.. Motion(s) referred to Karen Wells Roby. Motion(s) will be submitted on 4/16/2025.(Stelly, William)
Related: [-]
Att: 1 Notice of Submission,
Att: 2 Rule 37.1 Certification,
Att: 3 Memorandum in Support,
Att: 4 Exhibit 1 - Plaintiff's Discovery Requests,
Att: 5 Exhibit 2 - Defendant's Discovery Responses,
Att: 6 Exhibit 3 Deficiency Letter,
Att: 7 Exhibit 4 Response to Deficiency Letter,
Att: 8 Exhibit 5 Supplemental Discovery Responses
Monday, March 31, 2025
16 16 motion Compel Mon 03/31 7:38 PM
MOTION to Compel Responses to Interrogatories and Requests for Production by Elmo Lee, Jr.. Motion(s) referred to Karen Wells Roby. Motion(s) will be submitted on 4/16/2025.(Stelly, William)
Related: [-]
Att: 1 Notice of Submission,
Att: 2 Rule 37.1 Certification,
Att: 3 Memorandum in Support,
Att: 4 Exhibit 1 - Plaintiff's Discovery Requests,
Att: 5 Exhibit 2 - Defendant's Discovery Responses,
Att: 6 Exhibit 3 Deficiency Letter,
Att: 7 Exhibit 4 Response to Deficiency Letter,
Att: 8 Exhibit 5 Supplemental Discovery Responses
Monday, January 27, 2025
15 15 minutes Settlement Conference ~Util - Set/Reset Hearings Tue 01/28 1:01 PM
Minute Entry for proceedings held before Magistrate Judge Karen Wells Roby: Settlement Conference held on 1/27/2025. The parties were unable to reach a settlement. However, negotiations are ongoing. IT IS ORDERED that another Settlement Conference is set before Magistrate Judge Roby on May 13, 2025, at 2:00 pm. (lb)(NEF Sec L)
Related: [-]
Monday, November 04, 2024
14 14 2 pgs order Order Set Hearings Mon 11/04 12:14 PM
SETTLEMENT CONFERENCE ORDER: All lead counsel are ORDERED TO APPEAR on JANUARY 27, 2025, at 2:00 PM before Magistrate Judge Karen Wells Roby. Signed by Magistrate Judge Karen Wells Roby on 11/1/2024.(pp)
Related: [-]
Wednesday, October 16, 2024
13 13 minutes Status Conference Thu 10/17 2:16 PM
Minute Entry for proceedings held before Judge Eldon E. Fallon: Telephone Status Conference held on 10/16/2024. (my)
Related: [-]
Thursday, September 05, 2024
12 12 order Scheduling Order Thu 09/05 11:46 AM
SCHEDULING ORDER: Final Pretrial Conference set for 6/6/2025 09:00 AM before Judge Eldon E. Fallon. Telephone Status Conference set for 10/16/2024 03:30 PM before Judge Eldon E. Fallon. Jury Trial set for 6/23/2025 08:30 AM before Judge Eldon E. Fallon. All discovery must be completed by 5/7/2025. Signed by Judge Eldon E. Fallon.(gla)
Related: [-]
Att: 1 Pretrial Notice Form
Monday, August 05, 2024
11 11 2 pgs order Order ~Util - Set/Reset Hearings Mon 08/05 12:11 PM
NOTICE: Scheduling Conference set for 9/5/2024 10:30 AM before case manager by telephone. By Clerk.(gla)
Related: [-]
Wednesday, June 12, 2024
10 10 misc Statement of Corporate Disclosure Wed 06/12 1:06 PM
Statement of Corporate Disclosure by New Orleans Public Belt Railroad Commission for the Port of New Orleans (Haug, Rosalie)
Related: [-]
Thursday, May 30, 2024
9 9 4 pgs order Order on Motion to Dismiss/Failure to State a Claim Fri 05/31 9:33 AM
ORDER AND REASONS granting7 Motion to Dismiss for Failure to State a Claim. Signed by Judge Eldon E. Fallon on 5/30/2024. (my)
Related: [-]
Thursday, May 16, 2024
8 8 answer Answer to Complaint Thu 05/16 5:21 PM
ANSWER to1 Complaint,, with Jury Demand by New Orleans Public Belt Railroad Commission for the Port of New Orleans.(Haug, Rosalie)
Related: [-]
7 7 motion Dismiss/Failure to State a Claim/FRCP12(b)(6) Thu 05/16 5:12 PM
MOTION to Dismiss for Failure to State a Claim by New Orleans Public Belt Railroad Commission for the Port of New Orleans. Motion(s) will be submitted on 6/5/2024.(Haug, Rosalie)
Related: [-]
Att: 1 Memorandum in Support,
Att: 2 Exhibit 1,
Att: 3 Exhibit 2,
Att: 4 Exhibit 3,
Att: 5 Exhibit 4,
Att: 6 Exhibit 5,
Att: 7 Notice of Submission
Monday, April 29, 2024
6 6 1 pgs order Order on Motion for Extension of Time to Answer Mon 04/29 2:57 PM
ORDER granting5 Motion for Extension of Time to Answer1 Complaint, as to New Orleans Public Belt Railroad Commission for the Port of New Orleans answer due 5/16/2024. Signed by Judge Eldon E. Fallon on 4/29/2024. (my)
Related: [-]
Thursday, April 25, 2024
5 5 motion Extension of Time to Answer Thu 04/25 4:55 PM
EXPARTE/CONSENT MOTION for Extension of Time to Answer re1 Complaint,, by New Orleans Public Belt Railroad Commission for the Port of New Orleans.Attorney Rosalie Margaret Haug added to party New Orleans Public Belt Railroad Commission for the Port of New Orleans(pty:dft).(Haug, Rosalie)
Related: [-]
Att: 1 Proposed Order
Thursday, February 08, 2024
4 4 service Summons Issued Thu 02/08 2:40 PM
Summons Issued as to New Orleans Public Belt Railroad Commission for the Port of New Orleans, New Orleans Public Belt Railroad Corporation, Public Belt Railroad Commission for the City of New Orleans.(gla)
Related: [-]
Att: 1 Summons,
Att: 2 Summons
3 3 misc Correction of Docket Entry by Clerk Thu 02/08 2:29 PM
Correction of Docket Entry by Clerk re1 Complaint; Filing attorney did not properly format the pdf of summons. The pdf should not have the purple boxes nor the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk has taken corrective action. (gla)
Related: [-]
Wednesday, February 07, 2024
2 2 misc Initial Case Assignment Wed 02/07 4:41 PM
Initial Case Assignment to Judge Eldon E. Fallon and Magistrate Judge Karen Wells Roby. (meb)
Related: [-]
1 1 cmp Complaint Wed 02/07 4:26 PM
COMPLAINT with jury demand against New Orleans Public Belt Railroad Commission for the Port of New Orleans, New Orleans Public Belt Railroad Corporation, Public Belt Railroad Commission for the City of New Orleans (Filing fee $ 405 receipt number ALAEDC-10394709) filed by Elmo Lee, Jr..Attorney William Chad Stelly added to party Elmo Lee, Jr.(pty:pla).(Stelly, William)
Related: [-]
Att: 1 Civil Cover Sheet,
Att: 2 Summons,
Att: 3 Summons,
Att: 4 Summons