Ayala v. Gabriel Building Supply et al

Federal Civil Lawsuit Louisiana Eastern District Court, Case No. 2:12-cv-00577-JTM-ALC
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Summary

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Parties
No Logo Patricia Hamaker Ayala, Plaintiff

Represented by American Technical Resources

Name Phone Fax E-Mail
Space Fred E. Salley +1 985 867 8830 fsalley@charter.net
v.
No Logo Enerco Corp., Defendant
No Logo Enerco Group, Inc., Defendant
Officially listed as "Enerco Group, Incorporated"

Represented by Blue Williams LLP

Name Phone Fax E-Mail
Space Paul Darren Palermo +1 504 831 4091 +1 504 837 1182 ppalermo@bluewilliams.com
Space Craig Vincent Sweeney +1 504 831 4091 +1 504 837 1182 csweeney@bluewilliams.com
No Logo Gabriel Building and Supply Company, Inc., Defendant

Represented by Seale, Smith, Zuber & Barnette

Name Phone Fax E-Mail
Space Lawrence R. Anderson, Jr. +1 225 924 1600 +1 225 924 6100 lranderson@sszblaw.com
Space William C. Kaufman, III +1 225 924 1600 wckaufman@sszblaw.com
No Logo Gabriel Building Supply, Defendant
No Logo Mr. Heater Corp., Defendant
No Logo Mr. Heater, Inc., Defendant
No Logo Unidentified Parties, Defendant
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 365 - Personal Injury: Product Liability
Timeline
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Legal Document (Payment Possibly Required) 192 Filed: 10/1/2014, Entered: None Return of Exhibit
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Legal Document (Payment Possibly Required) 191 Filed: 6/26/2014, Entered: None
Appeal Record Returned (original exhibits and/or non-electronic documents) from U.S. Court of Appeals: 157 Notice of Appeal, 185 Amended Notice of Appeal. The electronic copy of the record has been recycled. (my) (Entered: 06/27/2014)
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Blank 190 Filed: 6/26/2014, Entered: None
USCA JUDGMENT issued as mandate on 6/19/2014 as to 185 Amended Notice of Appeal filed by Patricia Hamaker Ayala, 157 Notice of Appeal filed by Patricia Hamaker Ayala. ORDERED that the judgment of the district court dismissing Ayala's products liability claims is AFFIRMED. The imposition of sanctions against Ayala's counsel is REVERSED. By USCA judge name: King, Southwick, and Graves. (my) (Entered: 06/27/2014)
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Legal Document (Payment Possibly Required) 189 Filed: 1/8/2014, Entered: None Court Filing
APPEAL TRANSCRIPT of Evidentiary Hearing held on July 19, 2013 before Magistrate Judge Alma L. Chasez. Court Reporter/Recorder Rebecca S. Gonzalez, Telephone number 504-589-7724. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 4/8/2014. (rsg) (Entered: 01/08/2014)
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Legal Document (Payment Possibly Required) 188 Filed: 12/23/2013, Entered: None
USCA Appeal Fee paid as to Patricia Hamaker Ayala (Filing fee $ 505 receipt number 053L-4275282) re 185 Amended Notice of Appeal filed by Patricia Hamaker Ayala (Salley, Fred) (Entered: 12/23/2013)
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Legal Document (Payment Possibly Required) 187 Filed: 12/2/2013, Entered: None
DESIGNATION of Record on Appeal by Enerco Group, Incorporated, Mr. Heater Corp. re 185 Amended Notice of Appeal (Palermo, Paul) (Entered: 12/02/2013)
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Legal Document (Payment Possibly Required) 186 Filed: 11/27/2013, Entered: None
DESIGNATION of Record on Appeal by All Plaintiffs re 185 Amended Notice of Appeal (Salley, Fred) (Entered: 11/27/2013)
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Legal Document (Payment Possibly Required) 185 Filed: 11/27/2013, Entered: None
AMENDED NOTICE OF APPEAL by All Plaintiffs as to 182 Order Adopting Report and Recommendations, . (Fee previously paid) (Salley, Fred) (Entered: 11/27/2013)
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Legal Document (Payment Possibly Required) 184 Filed: 11/25/2013, Entered: None
Certified and Transmitted Record on Appeal to US Court of Appeals re 157 Notice of Appeal. USCA Case Number 13-30188. (my, ) (Entered: 11/25/2013)
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Legal Document (Payment Possibly Required) 183 Filed: 11/18/2013, Entered: None
Certified and Transmitted Record on Appeal to US Court of Appeals re 157 Notice of Appeal. USCA Case Number 12-30532. (my, ) (Entered: 11/18/2013)
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Legal Document (Payment Possibly Required) 182 Filed: 10/30/2013, Entered: None Court Filing
ORDER ADOPTING REPORT AND RECOMMENDATIONS 173 . IT IS ORDERED that defendants' motion is granted and that Mr. Heater is awarded attorneys' fees and costs in the amount of $5,045.00. Signed by Judge Jane Triche Milazzo on 10/29/13.(ecm, ) (Entered: 10/30/2013)
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Legal Document (Payment Possibly Required) 181 Filed: 10/21/2013, Entered: None
Supplemental Memorandum by Patricia Hamaker Ayala, in Support of 174 OBJECTION to 173 Report and Recommendations.(ecm, ) (Entered: 10/21/2013)
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Legal Document (Payment Possibly Required) 180 Filed: 10/21/2013, Entered: None Court Filing
ORDER granting 178 Motion for Leave to File Supplemental Memorandum in Support of Objections to Magistrate's Recommendations. Signed by Judge Jane Triche Milazzo. (ecm, ) (Entered: 10/21/2013)
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Legal Document (Payment Possibly Required) 179 Filed: 10/21/2013, Entered: None
Correction of Docket Entry by Clerk re 178 RESPONSE/MEMORANDUM in Support of Motion. **Filing attorney selected incorrect event. Correct event is MOTION for Leave to File. Clerk took corrective action by changing the event.** (my, ) (Entered: 10/21/2013)
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Legal Document (Payment Possibly Required) 178 Filed: 10/20/2013, Entered: None
EXPARTE/CONSENT MOTION for Leave to File Supplemenal Memorandum filed by Patricia Hamaker Ayala . (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Salley, Fred) Modified on 10/21/2013 (my, ). (Entered: 10/20/2013)
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Legal Document (Payment Possibly Required) 177 Filed: 10/15/2013, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by Enerco Group, Incorporated, Mr. Heater Corp. re 174 OBJECTION to 173 Report and Recommendations . (Palermo, Paul) (Entered: 10/15/2013)
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Legal Document (Payment Possibly Required) 176 Filed: 10/9/2013, Entered: None
Correction of Docket Entry by Clerk re 174 MOTION TO APPEAL/REVIEW 173 Report and Recommendations ; Filing attorney selected incorrect event. Correct event is Objection to Report and Recommendation. Clerk took corrective action by changing the event and terminating this entry as a Motion relief. No further action necessary. (ecm, ) (Entered: 10/09/2013)
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Legal Document (Payment Possibly Required) 175 Filed: 10/9/2013, Entered: None
Correction of Docket Entry by Clerk re 174 MOTION for APPEAL/REVIEW OF MAGISTRATE JUDGE DECISION to District Court re 173 Report and Recommendations . **Filing attorney selected incorrect time. Correct time is 10:00 AM. Clerk took corrective action. ALSO The title of the attached Notice should only reflect Notice of Submission instead of Notice of Hearing on the actual document, pursuant to the Local Rules.** (my, ) (Entered: 10/09/2013)
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Legal Document (Payment Possibly Required) 174 Filed: 10/8/2013, Entered: None
OBJECTION to 173 Report and Recommendations by Patricia Hamaker Ayala. (Attachments: # 1 Notice of Submission, # 2 Proposed Order, # 3 Memorandum in Support)(Salley, Fred) Modified on 10/9/2013 (my, ). Modified on 10/9/2013 (ecm, ). (Entered: 10/08/2013)
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Legal Document (Payment Possibly Required) 173 Filed: 9/25/2013, Entered: None Court Filing
REPORT AND RECOMMENDATIONS re Attorney Fees and Costs; Objections to R&R due by 10/9/2013. Signed by Magistrate Judge Alma L. Chasez on 9/24/2013.(lag, ) (Entered: 09/25/2013)
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Legal Document (Payment Possibly Required) 172 Filed: 7/19/2013, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Evidentiary Hearing held on 7/19/2013. Matter is taken under submission. (Court Reporter Rebecca Gonzalez.) (Attachments: # 1 Exhibit List, # 2 Notice of Removal of Exhibits, # 3 Certification of Exhibits) (lag, ) (Entered: 07/24/2013)
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Legal Document (Payment Possibly Required) 171 Filed: 7/1/2013, Entered: None
Witness List by Enerco Group, Incorporated, Mr. Heater Corp.. (Palermo, Paul) (Entered: 07/01/2013)
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Legal Document (Payment Possibly Required) 170 Filed: 6/26/2013, Entered: None
Witness and Exhibit List by All Plaintiffs. (Salley, Fred) (Entered: 06/26/2013)
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Legal Document (Payment Possibly Required) 169 Filed: 6/14/2013, Entered: None Court Filing
APPEAL TRANSCRIPT of Motion Hearing held on May 2, 2013 before Judge Jane Milazzo. Court Reporter/Recorder Jodi Simcox, Telephone number 504-589-7780. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 9/12/2013. (rsg) (Entered: 06/14/2013)
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Legal Document (Payment Possibly Required) 168 Filed: 5/23/2013, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Status Conference held on 5/23/2013. Evidentiary Hearing set for 7/19/2013 01:00 PM before Magistrate Judge Alma L. Chasez. (lag, ) (Entered: 05/28/2013)
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Legal Document (Payment Possibly Required) 167 Filed: 5/22/2013, Entered: None Court Filing
APPEAL TRANSCRIPT of Motion Hearing held on November 7, 2012 before Judge Jane Milazzo. Court Reporter/Recorder Cathy Pepper, Telephone number 504-589-7779. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 8/20/2013. (rsg) (Entered: 05/22/2013)
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Legal Document (Payment Possibly Required) 166 Filed: 5/22/2013, Entered: None Court Filing
APPEAL TRANSCRIPT of Motion Hearing held on April 24, 2013 before Judge Jane Milazzo. Court Reporter/Recorder Cathy Pepper, Telephone number 504-589-7779. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 8/20/2013. (rsg) (Entered: 05/22/2013)
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Legal Document (Payment Possibly Required) 165 Filed: 5/16/2013, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re 159 MOTION for Hearing re 81 Order, for A Determination of Defendants' Attorneys' Fees and Costs . (Salley, Fred) (Entered: 05/16/2013)
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Legal Document (Payment Possibly Required) 164 Filed: 5/13/2013, Entered: None
APPEAL TRANSCRIPT REQUEST by All Plaintiffs re 157 Notice of Appeal. (Salley, Fred) (Entered: 05/13/2013)
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Legal Document (Payment Possibly Required) 163 Filed: 5/13/2013, Entered: None
APPEAL TRANSCRIPT REQUEST by All Plaintiffs re 157 Notice of Appeal. (Salley, Fred) (Entered: 05/13/2013)
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Legal Document (Payment Possibly Required) 162 Filed: 5/8/2013, Entered: None
MEMORANDUM IN SUPPORT filed by Enerco Group, Incorporated, Mr. Heater Corp. re 159 MOTION for Hearing re 81 Order, for A Determination of Defendants' Attorneys' Fees and Costs . (Attachments: # 1 Exhibit A, # 2 Affidavit)(Palermo, Paul) Modified text on 5/8/2013 (my, ). (Entered: 05/08/2013)
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Legal Document (Payment Possibly Required) 160 Filed: 5/2/2013, Entered: None Court Filing
ORDER granting 159 MOTION for Hearing re 81 Order, for A Determination of Defendants' Attorneys' Fees and Costs; Motion hearing set for 5/23/2013 03:00 PM before Magistrate Judge Alma L. Chasez in person. Signed by Magistrate Judge Alma L. Chasez.(lag, ) (Entered: 05/02/2013)
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Legal Document (Payment Possibly Required) 159 Filed: 4/30/2013, Entered: None
EXPARTE/CONSENT MOTION for Hearing re 81 Order, for A Determination of Defendants' Attorneys' Fees and Costs by Enerco Group, Incorporated, Mr. Heater Corp.. Motion(s) referred to Alma L. Chasez. (Attachments: # 1 Proposed Order)(Palermo, Paul) (Entered: 04/30/2013)
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Legal Document (Payment Possibly Required) 158 Filed: 4/29/2013, Entered: None
DESIGNATION of Record on Appeal by All Plaintiffs re 157 Notice of Appeal (Salley, Fred) (Entered: 04/29/2013)
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Legal Document (Payment Possibly Required) 157 Filed: 4/29/2013, Entered: None
NOTICE OF APPEAL by All Plaintiffs as to 156 Judgment, 81 ORDER AND REASONS granting 50 MOTION for Sanctions. (Filing fee $ 455, receipt number 053L-3938676.) (Salley, Fred) Modified on 4/29/2013 (my, ). (Entered: 04/29/2013)
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Blank 156 Filed: 4/29/2013, Entered: None Court Filing
JUDGMENT entered in favor of Enerco Group, Incorporated, Mr. Heater, Inc. All of Plaintiff's claims are hereby DISMISSED. Signed by Judge Jane Triche Milazzo.(ecm, ) (Entered: 04/29/2013)
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Legal Document (Payment Possibly Required) 155 Filed: 4/25/2013, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Settlement Conference held on 4/25/2013. (lag, ) (Entered: 04/26/2013)
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Blank 154 Filed: 4/27/2013, Entered: None Court Filing
ORDER AND REASONS granting 96 , 124 Motions for Partial Summary Judgment; denying as moot 97 , 111 , 126 , 140 , 141 , 142 , 143 , 144 , 145 Motions in Limine. Plaintiff's claims are DISMISSED. Signed by Judge Jane Triche Milazzo. (ecm, )
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Blank 154 Filed: 4/26/2013, Entered: None Court Filing
ORDER AND REASONS granting 96 , 124 Motions for Partial Summary Judgment; denying as moot 97 , 111 , 126 , 140 , 141 , 142 , 143 , 144 , 145 Motions in Limine. Plaintiff's claims are DISMISSED. Signed by Judge Jane Triche Milazzo. (ecm, ) (Entered: 04/26/2013)
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Legal Document (Payment Possibly Required) 153 Filed: 4/24/2013, Entered: None Court Filing
Minute Entry for proceedings held before Judge Jane Triche Milazzo: Motion Hearing held on 4/24/2013. Defendants' 96 MOTION for Judgment on the Pleadings or in the Alternative Motion for Partial Summary Judgment, and 124 MOTION for Partial Summary Judgment were argued by Counsel. Order and Reasons to follow. The Pre-Trial Conference set for April 25, 2013 at 2:30 p.m. is hereby CONTINUED and RESET for Tuesday, April 30, 2013 at 2:30 p.m. The 97 , 111 MOTIONS in Limine & Defendants' 126 MOTION to Exclude or Limit the Testimony of A.J. McPhate will be taken up at the Pre-Trial Conference.(Court Reporter Cathy Pepper.) (ecm, ) (Entered: 04/24/2013)
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Legal Document (Payment Possibly Required) 152 Filed: 4/23/2013, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re 140 MOTION in Limine to Exclude Irrelevant and Duplicative Exemplar Heaters and Replacement Parts, 142 MOTION in Limine to Exclude Testimony of Plaintiff's Expert McPhate Criticizing the Opinions of Defendants' Experts, 141 MOTION in Limine to Exclude Testimony of the Confidential Nature of Enerco and Mr. Heater's Manufacture and Assembly Documents, 143 MOTION in Limine to Exclude Testimony Regarding "Applicable ANSI Standards" and Information from Canadian Safety Inspection, Inc., 145 MOTION in Limine to Exclude Testimony of "Whoosh" Sound Alledgedly Made or Heard by Decedent, 144 MOTION in Limine to Exclude Evidence or Testimony of Other Accidents Involving Enerco and/or Mr. Heater Products . (Salley, Fred) (Entered: 04/23/2013)
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Legal Document (Payment Possibly Required) 151 Filed: 4/23/2013, Entered: None
REPLY to Response to Motion filed by Enerco Group, Incorporated, Mr. Heater, Inc. re 124 MOTION for Partial Summary Judgment . (Attachments: # 1 Exhibit A)(ecm, ) (Entered: 04/23/2013)
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Legal Document (Payment Possibly Required) 150 Filed: 4/23/2013, Entered: None Court Filing
ORDER granting 147 Motion for Leave to File Reply Memorandum. Signed by Judge Jane Triche Milazzo. (ecm, ) (Entered: 04/23/2013)
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Legal Document (Payment Possibly Required) 149 Filed: 4/23/2013, Entered: None Court Filing
ORDER Resetting Oral Argument on 96 MOTION for Judgment on the Pleadings or in the Alternative Motion for Partial Summary Judgment, 97 MOTION in Limine to Exclude Testimony of "Fire Suddenly Exploding" from the Subject Heater Unit, 111 MOTION in Limine to Exclude Way Johnston, 124 MOTION for Partial Summary Judgment , 126 MOTION to Exclude or Limit the Testimony of A.J. McPhate: Motion Hearing with Oral Argument is RESET to begin at 9:00 A.M. on 4/24/2013 before Judge Jane Triche Milazzo. Signed by Judge Jane Triche Milazzo on 4/22/13.(ecm, ) (Entered: 04/23/2013)
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Legal Document (Payment Possibly Required) 148 Filed: 4/23/2013, Entered: None Court Filing
ORDER: Settlement Conference RESET for 4/25/2013 04:30 PM before Magistrate Judge Alma L. Chasez. Signed by Magistrate Judge Alma L. Chasez on 4/22/2013.(lag, ) (Entered: 04/23/2013)
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Legal Document (Payment Possibly Required) 147 Filed: 4/22/2013, Entered: None
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Enerco Group, Incorporated, Mr. Heater Corp.. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit A)(Palermo, Paul) (Entered: 04/22/2013)
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Legal Document (Payment Possibly Required) 146 Filed: 4/22/2013, Entered: None
Joint Proposed Pretrial Order by All Plaintiffs (Salley, Fred) Modified text on 4/22/2013 (my, ). (Entered: 04/22/2013)
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Legal Document (Payment Possibly Required) 145 Filed: 4/18/2013, Entered: None
MOTION in Limine to Exclude Testimony of "Whoosh" Sound Alledgedly Made or Heard by Decedent by Enerco Group, Incorporated, Mr. Heater Corp.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit N)(Palermo, Paul) (Entered: 04/18/2013)
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Legal Document (Payment Possibly Required) 144 Filed: 4/18/2013, Entered: None
MOTION in Limine to Exclude Evidence or Testimony of Other Accidents Involving Enerco and/or Mr. Heater Products by Enerco Group, Incorporated, Mr. Heater Corp.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A)(Palermo, Paul) (Entered: 04/18/2013)
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Legal Document (Payment Possibly Required) 143 Filed: 4/18/2013, Entered: None
MOTION in Limine to Exclude Testimony Regarding "Applicable ANSI Standards" and Information from Canadian Safety Inspection, Inc. by Enerco Group, Incorporated, Mr. Heater Corp.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B)(Palermo, Paul) (Entered: 04/18/2013)
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Legal Document (Payment Possibly Required) 142 Filed: 4/18/2013, Entered: None
MOTION in Limine to Exclude Testimony of Plaintiff's Expert McPhate Criticizing the Opinions of Defendants' Experts by Enerco Group, Incorporated, Mr. Heater Corp.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B)(Palermo, Paul) (Entered: 04/18/2013)
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Legal Document (Payment Possibly Required) 141 Filed: 4/18/2013, Entered: None
MOTION in Limine to Exclude Testimony of the Confidential Nature of Enerco and Mr. Heater's Manufacture and Assembly Documents by Enerco Group, Incorporated, Mr. Heater Corp.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A)(Palermo, Paul) (Entered: 04/18/2013)
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Legal Document (Payment Possibly Required) 140 Filed: 4/18/2013, Entered: None
MOTION in Limine to Exclude Irrelevant and Duplicative Exemplar Heaters and Replacement Parts by Enerco Group, Incorporated, Mr. Heater Corp.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B)(Palermo, Paul) (Entered: 04/18/2013)
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Legal Document (Payment Possibly Required) 139 Filed: 4/16/2013, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re 126 MOTION to Exclude or Limit the Testimony of A.J. McPhate . (Salley, Fred) (Entered: 04/16/2013)
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Legal Document (Payment Possibly Required) 138 Filed: 4/16/2013, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re 124 MOTION for Partial Summary Judgment . (Attachments: # 1 Statement of Contested/Uncontested Facts)(Salley, Fred) (Entered: 04/16/2013)
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Legal Document (Payment Possibly Required) 137 Filed: 4/11/2013, Entered: None Court Filing
Minute Order. Proceedings held before Magistrate Judge Alma L. Chasez: Motion Hearing held on 4/11/2013 re 131 MOTION to Compel Plaintiff to Pre-Mark Exhibits to be Used at Video Trial Deposition of Decdent's Health Care Providers filed by Enerco Group, Incorporated, Mr. Heater Corp.; ORDERED: If plaintiff's counsel intends to question the decedent's healthcare providers on any of the approximately two hundred fifty documents that are currently in his possession, he is to identify those documents to defense counsel thirty minutes prior to the depositions. Counsel for defendants shall do likewise. (sek, ) (Entered: 04/11/2013)
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Legal Document (Payment Possibly Required) 136 Filed: 4/9/2013, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re 131 MOTION to Compel Plaintiff to Pre-Mark Exhibits to be Used at Video Trial Deposition of Decdent's Health Care Providers . (Salley, Fred) (Entered: 04/09/2013)
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Legal Document (Payment Possibly Required) 135 Filed: 4/3/2013, Entered: None Court Filing
ORDER granting 132 MOTION to Expedite Hearing on 131 MOTION to Compel Plaintiff to Pre-Mark Exhibits to be Used at Video Trial Deposition of Decdent's Health Care Providers : Motion set for 4/10/2013 11:00 AM before Magistrate Judge Alma L. Chasez via telephone. Signed by Magistrate Judge Alma L. Chasez on 4/3/2013.(lag, ) (Entered: 04/03/2013)
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Legal Document (Payment Possibly Required) 134 Filed: 4/3/2013, Entered: None Court Filing
Correction of Docket Entry by Clerk re 131 MOTION to Compel Plaintiff to Pre-Mark Exhibits to be Used at Video Trial Deposition of Decdent's Health Care Providers. **Motion set for 4/24/2013 11:00 am before Magistrate Judge Alma L. Chasez.** (my, ) (Entered: 04/03/2013)
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Legal Document (Payment Possibly Required) 133 Filed: 4/3/2013, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re 132 MOTION to Expedite Hearing on Motion to Compel . (Salley, Fred) Modified text on 4/3/2013 (my, ). (Entered: 04/03/2013)
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Legal Document (Payment Possibly Required) 132 Filed: 4/2/2013, Entered: None Court Filing
EXPARTE/CONSENT MOTION to Expedite Hearing on Motion to Compel by Enerco Group, Incorporated, Mr. Heater Corp. Motion(s) referred to Magistrate Judge Alma L. Chasez. (Attachments: # 1 Proposed Order)(Palermo, Paul) Modified on 4/3/2013 (my, ). (Entered: 04/02/2013)
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Legal Document (Payment Possibly Required) 131 Filed: 4/2/2013, Entered: None
MOTION to Compel Plaintiff to Pre-Mark Exhibits to be Used at Video Trial Deposition of Decdent's Health Care Providers by Enerco Group, Incorporated, Mr. Heater Corp. Motion(s) referred to Magistrate Alma L. Chasez. Motion set for 4/24/2013 11:00 AM before Magistrate Alma L. Chasez. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Certification of Rule 37.1 Compliance, # 4 Notice of Submission)(Palermo, Paul) Modified on 4/3/2013 (my, ). (Entered: 04/02/2013)
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Legal Document (Payment Possibly Required) 130 Filed: 4/2/2013, Entered: None
Amended Witness and Exhibit List by All Plaintiffs. (Salley, Fred) (Entered: 04/02/2013)
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Legal Document (Payment Possibly Required) 129 Filed: 3/28/2013, Entered: None Court Filing
ORDER Setting Hearing on 96 MOTION for Judgment on the Pleadings or in the Alternative Motion for Partial Summary Judgment, 97 MOTION in Limine to Exclude Testimony of "Fire Suddenly Exploding" from the Subject Heater Unit, 111 MOTION in Limine to Exclude Way Johnston, 124 MOTION for Partial Summary Judgment , 126 MOTION to Exclude or Limit the Testimony of A.J. McPhate: Motion Hearing with Oral Argument is set for 4/24/2013 10:30 AM before Judge Jane Triche Milazzo. Signed by Judge Jane Triche Milazzo.(ecm, ) (Entered: 03/28/2013)
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Legal Document (Payment Possibly Required) 128 Filed: 3/27/2013, Entered: None Court Filing
NOTICE TO COUNSEL to deilver 2 hard copies of their 126 MOTION to Exclude or Limit the Testimony of A.J. McPhate, 124 MOTION for Partial Summary Judgment , along with all exhibits and attachments, to the chambers of Judge Jane Triche Milazzo, Rm C206 by 4:00 on Thursday, March 28, 2013. (ecm, ) (Entered: 03/27/2013)
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Legal Document (Payment Possibly Required) 127 Filed: 3/26/2013, Entered: None
Request/Statement of Oral Argument by Enerco Group, Incorporated, Mr. Heater Corp. regarding 126 MOTION to Exclude or Limit the Testimony of A.J. McPhate (Palermo, Paul) (Entered: 03/26/2013)
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Legal Document (Payment Possibly Required) 126 Filed: 3/26/2013, Entered: None Court Filing
MOTION to Exclude or Limit the Testimony of A.J. McPhate by Enerco Group, Incorporated, Mr. Heater Corp.. Motion set for 4/10/2013 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Notice of Submission, # 2 Memorandum in Support, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(Palermo, Paul) (Entered: 03/26/2013)
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Legal Document (Payment Possibly Required) 125 Filed: 3/26/2013, Entered: None
Request/Statement of Oral Argument by Enerco Group, Incorporated, Mr. Heater Corp. regarding 124 MOTION for Partial Summary Judgment (Palermo, Paul) (Entered: 03/26/2013)
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Legal Document (Payment Possibly Required) 124 Filed: 3/26/2013, Entered: None Court Filing
MOTION for Partial Summary Judgment by Enerco Group, Incorporated, Mr. Heater Corp.. Motion set for 4/10/2013 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Notice of Submission, # 3 Memorandum in Support, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D)(Palermo, Paul) (Entered: 03/26/2013)
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Legal Document (Payment Possibly Required) 123 Filed: 3/26/2013, Entered: None
REPLY to Response to Motion filed by Patricia Hamaker Ayala re 111 MOTION in Limine to Exclude Way Johnston. (ecm, ) (Entered: 03/26/2013)
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Legal Document (Payment Possibly Required) 122 Filed: 3/26/2013, Entered: None Court Filing
ORDER granting 119 Motion for Leave to File Supplemental Memorandum. Signed by Judge Jane Triche Milazzo. (ecm, ) (Entered: 03/26/2013)
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Legal Document (Payment Possibly Required) 121 Filed: 3/26/2013, Entered: None
REPLY to Response to Motion filed by Enerco Group, Incorporated, Mr. Heater Corp. re 96 MOTION for Judgment on the Pleadings or in the Alternative Motion for Partial Summary Judgment. (Attachments: # 1 Exhibit A)(ecm, ) (Entered: 03/26/2013)
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Legal Document (Payment Possibly Required) 120 Filed: 3/26/2013, Entered: None Court Filing
ORDER granting 118 Motion for Leave to File Reply Memorandum. Signed by Judge Jane Triche Milazzo. (ecm, ) (Entered: 03/26/2013)
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Legal Document (Payment Possibly Required) 119 Filed: 3/25/2013, Entered: None
EXPARTE/CONSENT MOTION for Leave to File Supplemental Memo by Patricia Hamaker Ayala. (Attachments: # 1 Notice of Submission, # 2 Proposed Order, # 3 Exhibit)(Salley, Fred) (Entered: 03/25/2013)
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Legal Document (Payment Possibly Required) 118 Filed: 3/25/2013, Entered: None
EXPARTE/CONSENT MOTION for Leave to File to File Reply Memorandum by Enerco Group, Incorporated, Mr. Heater Corp.. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit A)(Palermo, Paul) (Entered: 03/25/2013)
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Legal Document (Payment Possibly Required) 117 Filed: 3/20/2013, Entered: None Court Filing
ORDER granting 116 Motion for Leave to File the attached and proffered Excerpts of Professor McPhate's deposition testimony to Plaintiffs' previously filed opposition memorandum. Signed by Judge Jane Triche Milazzo. (ecm, ) (Entered: 03/20/2013)
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Legal Document (Payment Possibly Required) 116 Filed: 3/19/2013, Entered: None
EXPARTE/CONSENT MOTION for Leave to File McPhate excerpts by Patricia Hamaker Ayala. (Attachments: # 1 Notice of Submission, # 2 Proposed Order, # 3 Exhibit)(Salley, Fred) (Entered: 03/19/2013)
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Legal Document (Payment Possibly Required) 115 Filed: 3/19/2013, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by Enerco Group, Incorporated, Mr. Heater Corp. re 111 MOTION in Limine to Exclude Way Johnston . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Palermo, Paul) (Entered: 03/19/2013)
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Legal Document (Payment Possibly Required) 114 Filed: 3/15/2013, Entered: None Court Filing
ORDER: Settlement Conference set for 4/24/2013 03:30 PM before Magistrate Judge Alma L. Chasez. Signed by Magistrate Judge Alma L. Chasez.(lag, ) (Entered: 03/15/2013)
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Legal Document (Payment Possibly Required) 113 Filed: 3/13/2013, Entered: None
Correction of Docket Entry by Clerk re 110 Response/Memorandum in Opposition to Motion. **Exhibits 1-5 filed sideways. Clerk has corrected images. Please adjust scanner for future filings. No further action necessary.** (my, ) (Entered: 03/13/2013)
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Legal Document (Payment Possibly Required) 112 Filed: 3/12/2013, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by Patricia Hamaker Ayala re 96 MOTION for Judgment on the Pleadings or in the Alternative Motion for Partial Summary Judgment . (Salley, Fred) (Entered: 03/12/2013)
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Legal Document (Payment Possibly Required) 111 Filed: 3/12/2013, Entered: None Court Filing
MOTION in Limine to Exclude Way Johnston by Patricia Hamaker Ayala. Motion set for 3/27/2013 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Proposed Order, # 2 Memorandum in Support, # 3 Notice of Submission, # 4 Exhibit)(Salley, Fred) (Entered: 03/12/2013)
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Legal Document (Payment Possibly Required) 110 Filed: 3/12/2013, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by Patricia Hamaker Ayala re 97 MOTION in Limine to Exclude Testimony of "Fire Suddenly Exploding" from the Subject Heater Unit . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Affidavit)(Salley, Fred) (Attachment 1 replaced on 3/13/2013) (my, ). (Attachment 2 replaced on 3/13/2013) (my, ). (Attachment 3 replaced on 3/13/2013) (my, ). (Attachment 4 replaced on 3/13/2013) (my, ). (Attachment 5 replaced on 3/13/2013) (my, ). (Additional attachment(s) added on 3/20/2013: # 7 Excerpts of Professor McPhate's sworn testimony) (ecm, ). (Entered: 03/12/2013)
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Legal Document (Payment Possibly Required) 109 Filed: 3/12/2013, Entered: None Court Filing
ORDER granting 108 Motion for Extension of Deadlines. The hearing date for dispositive motions has been reset to April 10, 2013. Signed by Judge Jane Triche Milazzo. (ecm, ) (Entered: 03/12/2013)
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Legal Document (Payment Possibly Required) 108 Filed: 3/11/2013, Entered: None
EXPARTE/CONSENT MOTION Extension of Deadlines Reset Dispositive Motions Deadline by Enerco Group, Incorporated, Mr. Heater, Inc.. (Attachments: # 1 Proposed Order)(Palermo, Paul) Modified on 3/11/2013 (my, ). (Entered: 03/11/2013)
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Legal Document (Payment Possibly Required) 107 Filed: 3/7/2013, Entered: None Court Filing
Minute Order. Proceedings held before Judge Jane Triche Milazzo: Status Conference held on 3/7/2013. ORDER granting 87 Motion for Judgment on the Pleadings. FURTHER ORDERED that Plaintiff shall resubmit the supplemental disclosures which Defendants did not receive by Friday, March 8, 2013, at 4:30 p.m. FURTHER ORDERED that the parties shall schedule a settlement conference with the Magistrate Judge assigned to this case in accordance with this Court's Scheduling Order. (NEF: Judge Chasez) (ecm, ) (Entered: 03/08/2013)
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Legal Document (Payment Possibly Required) 106 Filed: 3/5/2013, Entered: None
Witness and Exhibit List by All Plaintiffs. (Salley, Fred) (Entered: 03/05/2013)
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Legal Document (Payment Possibly Required) 105 Filed: 3/1/2013, Entered: None
Witness and Exhibit List by Enerco Group, Incorporated, Mr. Heater Corp.. (Palermo, Paul) (Entered: 03/01/2013)
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Legal Document (Payment Possibly Required) 104 Filed: 3/1/2013, Entered: None Court Filing
ORDER granting 102 MOTION to Expedite Submission of 100 MOTION to Continue filed by Patricia Hamaker Ayala. The Motion to Continue is GRANTED. The submission dates of 96 MOTION for Judgment on the Pleadings or in the Alternative Motion for Partial Summary Judgment, and 97 MOTION in Limine to Exclude Testimony of 'Fire Suddenly Exploding' from the Subject Heater Unit are CONTINUED AND RESET for 3/27/2013 10:00 AM before Judge Jane Triche Milazzo. Signed by Judge Jane Triche Milazzo.(ecm, ) (Entered: 03/01/2013)
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Legal Document (Payment Possibly Required) 103 Filed: 3/1/2013, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by Enerco Group, Incorporated, Mr. Heater Corp. re 100 MOTION to Continue . (Palermo, Paul) (Entered: 03/01/2013)
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Legal Document (Payment Possibly Required) 102 Filed: 2/28/2013, Entered: None
EXPARTE/CONSENT MOTION to Expedite Hearing by Patricia Hamaker Ayala. (Attachments: # 1 Proposed Order)(Salley, Fred) (Entered: 02/28/2013)
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Legal Document (Payment Possibly Required) 101 Filed: 2/28/2013, Entered: None
Correction of Docket Entry by Clerk re 100 MOTION to Continue. **Filing attorney should have selected 'No' at the question 'Is this an Exparte/Consent Motion Y/N? Motions that are set for hearing are not Exparte. Clerk has removed 'Exparte'. ALSO For expedited consideration, a separate ex-parte motion and proposed order should be filed.** (my, ) (Entered: 02/28/2013)
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Legal Document (Payment Possibly Required) 100 Filed: 2/28/2013, Entered: None
Motion to Continue Defense Motions set for 3/13/2013 Docs 96, 97 by Patricia Hamaker Ayala. Motion set for 3/27/2013 10:00 am. (Attachments: # 1 Notice of Submission, # 2 Memorandum in Support, # 3 Proposed Order)(Salley, Fred) Modified texton 2/28/2013 (my, ). (Entered: 02/28/2013)
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Legal Document (Payment Possibly Required) 99 Filed: 2/27/2013, Entered: None
Correction of Docket Entry by Clerk re 96 MOTION for Judgment on the Pleadings or in the Alternative Motion for Partial Summary Judgment. **Filing attorney attached a Request/Statement for Oral Argument to this motion instead of filing it as a separate entry. Clerk took corrective action by separating the request and docketing it as a separate entry. All future requests for oral argument must be filed separately.** (my, ) (Entered: 02/27/2013)
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Legal Document (Payment Possibly Required) 98 Filed: 2/26/2013, Entered: None
Request/Statement of Oral Argument by Enerco Group, Incorporated, Mr. Heater, Inc. regarding 96 MOTION for Judgment on the Pleadings or in the Alternative Motion for Partial Summary Judgment. (my, ) (Entered: 02/27/2013)
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Legal Document (Payment Possibly Required) 97 Filed: 2/26/2013, Entered: None Court Filing
MOTION in Limine to Exclude Testimony of "Fire Suddenly Exploding" from the Subject Heater Unit by Enerco Group, Incorporated, Mr. Heater Corp.. Motion set for 3/13/2013 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E)(Palermo, Paul) (Entered: 02/26/2013)
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Legal Document (Payment Possibly Required) 96 Filed: 2/26/2013, Entered: None Court Filing
MOTION for Judgment on the Pleadings or in the Alternative Motion for Partial Summary Judgment by Enerco Group, Incorporated, Mr. Heater Corp.. Motion set for 3/13/2013 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Memorandum in Support, # 2 Statement of Contested/Uncontested Facts, # 3 Notice of Submission, # 4 Request for Oral Argument, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D)(Palermo, Paul) (Entered: 02/26/2013)
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Legal Document (Payment Possibly Required) 95 Filed: 2/21/2013, Entered: None Court Filing
ORDER setting In-Chambers Status Conference for 3/7/2013 03:30 PM before Judge Jane Triche Milazzo to discuss Defendants' 87 MOTION for Judgment on the Pleadings , and upcoming trial deadlines. Signed by Judge Jane Triche Milazzo.(ecm, ) (Entered: 02/21/2013)
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Legal Document (Payment Possibly Required) 94 Filed: 2/21/2013, Entered: None Court Filing
ORDER granting 89 Motion to Substitute Law Firms. Signed by Judge Jane Triche Milazzo. (ecm, ) (Entered: 02/21/2013)
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Legal Document (Payment Possibly Required) 93 Filed: 2/21/2013, Entered: None
REPLY to Response to Motion filed by Enerco Group, Incorporated, Mr. Heater, Inc. re 87 MOTION for Judgment on the Pleadings . (ecm, ) (Entered: 02/21/2013)
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Legal Document (Payment Possibly Required) 92 Filed: 2/21/2013, Entered: None Court Filing
ORDER granting 90 Motion for Leave to File Reply Memorandum. Signed by Judge Jane Triche Milazzo. (ecm, ) (Entered: 02/21/2013)
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Legal Document (Payment Possibly Required) 91 Filed: 2/21/2013, Entered: None Court Filing
Correction of Docket Entry by Clerk re 89 MOTION to Substitute Law Firm of Record. **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.** (my, ) (Entered: 02/21/2013)
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Legal Document (Payment Possibly Required) 90 Filed: 2/20/2013, Entered: None
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Enerco Group, Incorporated, Mr. Heater Corp.. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Palermo, Paul) (Entered: 02/20/2013)
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Legal Document (Payment Possibly Required) 89 Filed: 2/20/2013, Entered: None
EXPARTE/CONSENT MOTION to Substitute Law Firm of Record by Enerco Group, Incorporated, Mr. Heater Corp. (Attachments: # 1 Proposed Order)(Palermo, Paul) Modified on 2/21/2013 (my, ). (Entered: 02/20/2013)
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Legal Document (Payment Possibly Required) 88 Filed: 2/19/2013, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by Patricia Hamaker Ayala re 87 MOTION for Judgment on the Pleadings . (Salley, Fred) (Entered: 02/19/2013)
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Legal Document (Payment Possibly Required) 87 Filed: 2/11/2013, Entered: None Court Filing
MOTION for Judgment on the Pleadings by Enerco Group, Incorporated, Mr. Heater Corp.. Motion set for 2/27/2013 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Notice of Submission, # 2 Memorandum in Support)(Palermo, Paul) (Entered: 02/11/2013)
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Legal Document (Payment Possibly Required) 86 Filed: 1/4/2013, Entered: None Court Filing
SCHEDULING ORDER: Final Pretrial Conference set for 4/25/2013 02:30 PM before Judge Jane Triche Milazzo. Jury Trial set for 5/20/2013 08:30 AM before Judge Jane Triche Milazzo.. Signed by Case Manager for Judge Jane Triche Milazzo. (Attachments: # 1 Pretrial Notice Form)(ecm, ) (Entered: 01/04/2013)
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Legal Document (Payment Possibly Required) 85 Filed: 12/11/2012, Entered: None Court Filing
ORDER granting 84 MOTION to Continue Trial Date and Reset Certain Deadlines filed by Enerco Group, Incorporated, Mr. Heater, Inc. Scheduling Conference set for 1/4/2013 10:00 AM before courtroom deputy by telephone. The Case Manager will initiate the call. Signed by Judge Jane Triche Milazzo.(ecm, ) (Entered: 12/11/2012)
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Legal Document (Payment Possibly Required) 84 Filed: 12/10/2012, Entered: None
EXPARTE/CONSENT MOTION to Continue Trial Date and Reset Certain Deadlines by Enerco Group, Incorporated, Mr. Heater, Inc.. (Attachments: # 1 Proposed Order, # 2 Exhibit A)(Palermo, Paul) (Entered: 12/10/2012)
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Legal Document (Payment Possibly Required) 83 Filed: 12/7/2012, Entered: None Court Filing
PROTECTIVE ORDER. Signed by Magistrate Judge Alma L. Chasez.(lag, ) (Entered: 12/07/2012)
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Legal Document (Payment Possibly Required) 82 Filed: 12/5/2012, Entered: None Court Filing
Minute Order. Proceedings held before Magistrate Judge Alma L. Chasez: Motion Hearing held on 12/5/2012 re 73 MOTION for Extension of Deadlines for Expert's Reports, 77 MOTION for Protective Order, 76 MOTION to Expedite. (lag, ) (Entered: 12/07/2012)
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Blank 81 Filed: 12/6/2012, Entered: None Court Filing
ORDER AND REASONS granting 50 MOTION for Sanctions filed by Mr. Heater, Inc. The parties are ordered to the Magistrate Judge assigned to this case for the purpose of determining the quantum of costs and attorney's fees associated with the Instant Motion. Signed by Judge Jane Triche Milazzo. (NEF: Judge Chasez)(ecm, )
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Blank 81 Filed: 12/5/2012, Entered: None Court Filing
ORDER AND REASONS granting 50 MOTION for Sanctions filed by Mr. Heater, Inc. The parties are ordered to the Magistrate Judge assigned to this case for the purpose of determining the quantum of costs and attorney's fees associated with the Instant Motion. Signed by Judge Jane Triche Milazzo. (NEF: Judge Chasez)(ecm, ) (Entered: 12/05/2012)
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Legal Document (Payment Possibly Required) 80 Filed: 12/5/2012, Entered: None
RESPONSE to Motion filed by Enerco Group, Incorporated, Mr. Heater, Inc. re 77 MOTION for Protective Order . (Attachments: # 1 Exhibit A)(Palermo, Paul) (Entered: 12/05/2012)
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Legal Document (Payment Possibly Required) 79 Filed: 12/5/2012, Entered: None Court Filing
Minute Entry for proceedings held before Judge Jane Triche Milazzo: Show Cause Hearing held on 12/5/2012. Mr. Fred Salley appears for the record. Orders and Reasons to follow. (Court Reporter Jodi Simcox.) (ecm, ) (Entered: 12/05/2012)
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Legal Document (Payment Possibly Required) 78 Filed: 12/5/2012, Entered: None
Correction of Docket Entry by Clerk re 76 MOTION to Expedite . **Motion for Protective Order and supporting documents should be filed as a separate docket entry instead of an attachment to the Motion to Expedite. Clerk took corrective action by separating these attachments and docketing it as a separate entry. ALSO The title of the attached Notice should reflect Notice of Submission instead of Notice of Hearing on the actual document, pursuant to the Local Rules. No further action necessary.** (my, ) (Entered: 12/05/2012)
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Legal Document (Payment Possibly Required) 77 Filed: 12/4/2012, Entered: None
EXPARTE/CONSENT MOTION for Protective Order by Patricia Hamaker Ayala. Motion(s) referred to Alma L. Chasez. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Protective Order)(my, ) (Entered: 12/05/2012)
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Legal Document (Payment Possibly Required) 76 Filed: 12/4/2012, Entered: None
EXPARTE/CONSENT MOTION to Expedite by Patricia Hamaker Ayala. Motion(s) referred to Alma L. Chasez. (Attachments: # 1 Proposed Order, # 2 Notice of Submission, # 3 Exhibit, # 4 Memorandum in Support, # 5 Proposed Order Attachment)(Salley, Fred) (Entered: 12/04/2012)
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Legal Document (Payment Possibly Required) 75 Filed: 12/3/2012, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by Enerco Group, Incorporated, Mr. Heater, Inc. re 73 MOTION for Extension of Deadlines for Expert's Reports . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Palermo, Paul) Modified on 12/3/2012 (my, ). (Entered: 12/03/2012)
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Legal Document (Payment Possibly Required) 74 Filed: 12/3/2012, Entered: None Court Filing
Correction of Docket Entry by Clerk re 73 MOTION for Extension of Deadlines for Expert's Reports. **Filing attorney should have 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 magistrate judge. Clerk took corrective action.** (my, ) (Entered: 12/03/2012)
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Legal Document (Payment Possibly Required) 73 Filed: 11/30/2012, Entered: None Court Filing
EXPARTE/CONSENT MOTION for Extension of Deadlines for Expert's Reports by Patricia Hamaker Ayala. Motion(s) referred to Magistrate Judge Alma L. Chasez. (Attachments: # 1 Proposed Order)(Salley, Fred) Modified on 12/3/2012 (my, ). (Entered: 11/30/2012)
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Legal Document (Payment Possibly Required) 72 Filed: 11/28/2012, Entered: None Court Filing
Minute Order. Proceedings held before Magistrate Judge Alma L. Chasez: Motion Hearing held on 11/28/2012 re 58 MOTION to Compel Discovery filed by Patricia Hamaker Ayala. (lag, ) (Entered: 11/29/2012)
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Legal Document (Payment Possibly Required) 71 Filed: 11/29/2012, Entered: None
Supplemental Memorandum filed by All Plaintiffs, in Support of 58 MOTION to Compel Discovery. (lag, ) (Entered: 11/29/2012)
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Legal Document (Payment Possibly Required) 70 Filed: 11/29/2012, Entered: None Court Filing
ORDER granting 69 Motion for Leave to File supplemental memo. Signed by Magistrate Judge Alma L. Chasez. (lag, ) (Entered: 11/29/2012)
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Legal Document (Payment Possibly Required) 69 Filed: 11/27/2012, Entered: None
EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum by Patricia Hamaker Ayala. Motion(s) referred to Alma L. Chasez. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Salley, Fred) (Entered: 11/27/2012)
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Legal Document (Payment Possibly Required) 68 Filed: 11/22/2012, Entered: None
RESPONSE TO ORDER TO SHOW CAUSE re 61 Order and Reasons by All Plaintiffs (Salley, Fred) Modified on 11/23/2012 (my, ). (Entered: 11/22/2012)
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Legal Document (Payment Possibly Required) 67 Filed: 11/20/2012, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by Enerco Group, Incorporated, Mr. Heater, Inc. re 58 MOTION to Compel Discovery . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Palermo, Paul) (Entered: 11/20/2012)
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Legal Document (Payment Possibly Required) 66 Filed: 11/15/2012, Entered: None
Supplemental Memorandum filed by Patricia Hamaker Ayala, in Opposition of 50 MOTION Enjoin State Court Proceedings MOTION for Sanctions , and in response to the Court's Order dated November 7, 2012. (ecm, ) (Entered: 11/15/2012)
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Legal Document (Payment Possibly Required) 65 Filed: 11/15/2012, Entered: None Court Filing
ORDER granting 63 Motion for Leave to File Supplemental Memorandum in Opposition to Defendants' injunction request. Signed by Judge Jane Triche Milazzo. (ecm, ) (Entered: 11/15/2012)
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Legal Document (Payment Possibly Required) 64 Filed: 11/15/2012, Entered: None
Correction of Docket Entry by Clerk re 63 MOTION for Leave to File Supplemental Memorandum. **Filing attorney did not select category 'Proposed Pleading' when attaching document for which leave to file is being requested. Clerk took corrective action.** (my, ) (Entered: 11/15/2012)
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Legal Document (Payment Possibly Required) 63 Filed: 11/14/2012, Entered: None
EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum by Patricia Hamaker Ayala. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Salley, Fred) Modified on 11/15/2012 (my, ). (Entered: 11/14/2012)
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Legal Document (Payment Possibly Required) 62 Filed: 11/9/2012, Entered: None Court Filing
ORDER Setting Oral Argument on 58 MOTION to Compel Discovery : Motion set for 11/28/2012 11:00 AM before Magistrate Judge Alma L. Chasez via telephone. Signed by Magistrate Judge Alma L. Chasez on 11/8/2012.(lag, ) (Entered: 11/09/2012)
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Legal Document (Payment Possibly Required) 61 Filed: 11/7/2012, Entered: None Court Filing
ORDER AND REASONS granting in part and denying in part 50 MOTION to Enjoin State Court Proceedings , MOTION for Sanctions filed by Mr. Heater, Inc. The Court hereby orders Plaintiff's counsel to return for a hearing before this Court on December 5, 2012 at 10:00 a.m., to show cause why sanctions should not be imposed. Plaintiff's counsel is further required to submit a written memorandum in support of his position by November 20, 2012. Signed by Judge Jane Triche Milazzo.(ecm, ) (Entered: 11/07/2012)
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Legal Document (Payment Possibly Required) 60 Filed: 11/7/2012, Entered: None Court Filing
Minute Entry for proceedings held before Judge Jane Triche Milazzo: Motion Hearing held on 11/7/2012 granting in part and denying in part Defendant's 50 MOTION Enjoin State Court Proceedings , MOTION for Sanctions . Plaintiff's Counsel is ORDERED to appear for a Show Cause Hearing set for 12/5/2012 10:00 AM before Judge Jane Triche Milazzo. FURTHER ORDERED that Mr. Salley file a Memorandum in Support of his position by November 20, 2012.(Court Reporter Cathy Pepper.) (ecm, ) (Entered: 11/07/2012)
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Legal Document (Payment Possibly Required) 59 Filed: 11/6/2012, Entered: None
**DEFICIENT**RESPONSE/MEMORANDUM in Opposition filed by Patricia Hamaker Ayala re 50 MOTION Enjoin State Court Proceedings MOTION for Sanctions . (Salley, Fred) Modified on 11/7/2012 (my, ). . (Entered: 11/06/2012)
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Legal Document (Payment Possibly Required) 58 Filed: 11/6/2012, Entered: None Court Filing
MOTION to Compel Discovery by Patricia Hamaker Ayala. Motion(s) referred to Alma L. Chasez. Motion set for 11/28/2012 11:00 AM before Magistrate Judge Alma L. Chasez. (Attachments: # 1 Notice of Submission, # 2 Exhibit, # 3 Memorandum in Support, # 4 Exhibit, # 5 Proposed Order)(Salley, Fred) (Entered: 11/06/2012)
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Legal Document (Payment Possibly Required) 57 Filed: 11/5/2012, Entered: None
REPLY to Response to Motion filed by Mr. Heater, Inc. re 50 MOTION Enjoin State Court Proceedings MOTION for Sanctions . (ecm, ) (Entered: 11/05/2012)
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Legal Document (Payment Possibly Required) 56 Filed: 11/5/2012, Entered: None Court Filing
ORDER granting 54 Motion for Leave to File Reply Memorandum. Signed by Judge Jane Triche Milazzo. (ecm, ) (Entered: 11/05/2012)
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Legal Document (Payment Possibly Required) 55 Filed: 11/2/2012, Entered: None
Correction of Docket Entry by Clerk re 54 MOTION for Leave to File Reply Memorandum. **Filing attorney did not select category 'Proposed Pleading' when attaching document for which leave to file is being requested. Clerk took corrective action.** (my, ) (Entered: 11/02/2012)
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Legal Document (Payment Possibly Required) 54 Filed: 11/2/2012, Entered: None
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Mr. Heater, Inc.. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Palermo, Paul) Modified on 11/2/2012 (my, ). (Entered: 11/02/2012)
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Legal Document (Payment Possibly Required) 53 Filed: 10/30/2012, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re 50 MOTION Enjoin State Court Proceedings MOTION for Sanctions . (Salley, Fred) (Entered: 10/30/2012)
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Legal Document (Payment Possibly Required) 52 Filed: 10/30/2012, Entered: None Court Filing
ORDER Setting/Resetting Hearing on 50 MOTION Enjoin State Court Proceedings MOTION for Sanctions : Motion Hearing with Oral Argument is set for 11/7/2012 10:00 AM before Judge Jane Triche Milazzo. The submission date of November 7, 2012, shall remain the same. Any opposition to this Motion shall be filed in the record by Tuesday, October 30, 2012. The Court further requires that any reply to the opposition be filed by Friday, November 2, 2012, at 5:00 p.m. and that any sur reply be filed by Monday, November 7, 2012, at 5:00 p.m. Signed by Judge Jane Triche Milazzo on 10/29/12.(ecm, ) (Entered: 10/30/2012)
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Legal Document (Payment Possibly Required) 51 Filed: 10/23/2012, Entered: None
Request/Statement of Oral Argument by Mr. Heater, Inc. regarding 50 MOTION Enjoin State Court Proceedings MOTION for Sanctions (Palermo, Paul) (Entered: 10/23/2012)
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Legal Document (Payment Possibly Required) 50 Filed: 10/23/2012, Entered: None Court Filing
MOTION Enjoin State Court Proceedings , MOTION for Sanctions by Mr. Heater, Inc.. Motion set for 11/7/2012 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Notice of Submission)(Palermo, Paul) (Entered: 10/23/2012)
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Legal Document (Payment Possibly Required) 49 Filed: 7/17/2012, Entered: None Court Filing
SCHEDULING ORDER: Final Pretrial Conference set for 3/7/2013 03:00 PM before Judge Jane Triche Milazzo. Jury Trial set for 3/18/2013 08:30 AM before Judge Jane Triche Milazzo. Signed by Judge Jane Triche Milazzo. (Attachments: # 1 Pretrial Notice Form)(ecm, ) (Entered: 07/17/2012)
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Legal Document (Payment Possibly Required) 48 Filed: 6/21/2012, Entered: None Court Filing
NOTICE RESETTING PRELIMINARY CONFERENCE: Scheduling Conference set for 7/17/2012 01:30 PM before courtroom deputy by telephone. Signed by Case Manager for Judge Jane Triche Milazzo.(ecm, ) (Entered: 06/21/2012)
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Blank 47 Filed: 6/8/2012, Entered: None Court Filing
ORDER AND REASONS denying 27 Motion for Entry of Judgment under Rule 54(b); denying 31 Motion for Reconsideration of Court's May 3, 2012 Order, or in the Alternative, For Certification of Court's May 3, 2012 Order for Interlocutory Appeal, as set forth in document. Signed by Judge Jane Triche Milazzo. (ecm, ) (Entered: 06/08/2012)
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Legal Document (Payment Possibly Required) 46 Filed: 6/6/2012, Entered: None
Sur-Reply Memorandum filed by Enerco Group, Incorporated, Mr. Heater, Inc., in Opposition of 31 MOTION for Reconsideration re 24 Order on Motion to Remand. (ecm, ) (Entered: 06/06/2012)
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Legal Document (Payment Possibly Required) 45 Filed: 6/6/2012, Entered: None Court Filing
ORDER granting 43 Motion for Leave to File Sur-Reply Memorandum. Signed by Judge Jane Triche Milazzo. (ecm, ) (Entered: 06/06/2012)
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Legal Document (Payment Possibly Required) 44 Filed: 6/6/2012, Entered: None
Correction of Docket Entry by Clerk re 43 MOTION for Leave to File Sur-Reply Memorandum. **Proposed Order subsequently provided.** (my, ) (Entered: 06/06/2012)
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Legal Document (Payment Possibly Required) 43 Filed: 6/5/2012, Entered: None
EXPARTE/CONSENT MOTION for Leave to File Sur-Reply Memorandum by Enerco Group, Incorporated, Mr. Heater, Inc.. (Attachments: # 1 Proposed Pleading)(Palermo, Paul) (Additional attachment(s) added on 6/6/2012: # 2 Proposed Order) (my, ). (Entered: 06/05/2012)
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Legal Document (Payment Possibly Required) 42 Filed: 6/4/2012, Entered: None
REPLY to Response to Motion filed by Patricia Hamaker Ayala re 31 MOTION for Reconsideration re 24 Order on Motion to Remand, ; MOTION for Certificate of Appealability . (ecm, ) (Entered: 06/04/2012)
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Legal Document (Payment Possibly Required) 41 Filed: 6/4/2012, Entered: None Court Filing
ORDER granting 39 Motion for Leave to File Reply Memorandum. Signed by Judge Jane Triche Milazzo. (ecm, ) (Entered: 06/04/2012)
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Legal Document (Payment Possibly Required) 40 Filed: 6/4/2012, Entered: None
Correction of Docket Entry by Clerk re 39 Supplemental Memorandum.**Filing attorney selected incorrect event. Correct event is Motion for Leave to File. Clerk took corrective action by changing the event.** (my, ) (Entered: 06/04/2012)
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Legal Document (Payment Possibly Required) 39 Filed: 6/1/2012, Entered: None
EXPARTE/CONSENT Motion for Leave to File Supplemental Memorandum filed by Patricia Hamaker Ayala(Attachments: # 1 Proposed Order, # 2Proposed Pleading)(Salley, Fred) Modified event on 6/4/2012 (my, ). (Entered: 06/01/2012)
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Legal Document (Payment Possibly Required) 38 Filed: 5/30/2012, Entered: None
NOTICE re 35 , 37 Requests of Oral Argument for 27 MOTION for Entry of Judgment under Rule 54(b); 31 MOTION for Reconsideration re 24 Order on Motion to Remand. Counsel should not appear for oral argument until ordered to do so. (ecm, ) (Entered: 05/30/2012)
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Legal Document (Payment Possibly Required) 37 Filed: 5/29/2012, Entered: None
Request/Statement of Oral Argument by Gabriel Building and Supply Company, Inc. regarding 31 MOTION for Reconsideration re 24 Order on Motion to Remand, ; MOTION for Certificate of Appealability , 27 MOTION for Entry of Judgment under Rule 54(b) Request for Oral Argument. (Kaufman, William) (Entered: 05/29/2012)
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Legal Document (Payment Possibly Required) 36 Filed: 5/29/2012, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by Gabriel Building and Supply Company, Inc. re 31 MOTION for Reconsideration re 24 Order on Motion to Remand, ; MOTION for Certificate of Appealability . (Kaufman, William) Modified text on 5/29/2012 (mm, ). (Entered: 05/29/2012)
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Legal Document (Payment Possibly Required) 35 Filed: 5/29/2012, Entered: None
Request/Statement of Oral Argument by Enerco Group, Incorporated, Mr. Heater, Inc. regarding 31 MOTION for Reconsideration re 24 Order on Motion to Remand, ; MOTION for Certificate of Appealability (Palermo, Paul) (Entered: 05/29/2012)
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Legal Document (Payment Possibly Required) 34 Filed: 5/29/2012, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by Enerco Group, Incorporated, Mr. Heater, Inc. re 31 MOTION for Reconsideration re 24 Order on Motion to Remand, ; MOTION for Certificate of Appealability . (Palermo, Paul) (Entered: 05/29/2012)
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Legal Document (Payment Possibly Required) 33 Filed: 5/28/2012, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by Patricia Hamaker Ayala re 27 MOTION for Entry of Judgment under Rule 54(b) . (Salley, Fred) (Entered: 05/28/2012)
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Legal Document (Payment Possibly Required) 32 Filed: 5/14/2012, Entered: None Court Filing
Correction of Docket Entry by Clerk re 31 MOTION for Reconsideration re 24 Order on Motion to Remand; MOTION for Certificate of Appealability .** 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. ALSO The title of the attached Notice should reflect Notice of Submission instead of Notice of Hearing on the actual document, pursuant to the Local Rules.** (mm, ) (Entered: 05/14/2012)
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Legal Document (Payment Possibly Required) 31 Filed: 5/13/2012, Entered: None Court Filing
MOTION for Reconsideration re 24 Order on Motion to Remand; MOTION for Certificate of Appealability by Patricia Hamaker Ayala. Motion set for 6/6/2012 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Proposed Order, # 2 Notice of Submission, # 3 Memorandum in Support)(Salley, Fred) Modified text on 5/14/2012 (mm, ). (Entered: 05/13/2012)
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Legal Document (Payment Possibly Required) 30 Filed: 5/10/2012, Entered: None
ANSWER to 5 Amended Complaint with Jury Demand by Enerco Group, Incorporated, Mr. Heater, Inc..(Palermo, Paul) (Entered: 05/10/2012)
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Legal Document (Payment Possibly Required) 29 Filed: 5/10/2012, Entered: None
Correction of Docket Entry by Clerk re 26 MOTION entry of final judgment . **Attorney filed in error-Refiled as Rec Doc 27.** (mm, ) (Entered: 05/10/2012)
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Legal Document (Payment Possibly Required) 28 Filed: 5/10/2012, Entered: None
Correction of Docket Entry by Clerk re 27 Motion. **Filing attorney selected incorrect event. Correct event is MOTION for Entry of Judgment under Rule 54(b). Clerk took corrective action by changing the event. ALSO Proposed Order should not be filed with Motion-if filing should be a separate attachment to Motion. ALSO The title of the attached Notice should reflect Notice of Submission instead of Notice of Hearing on the actual document, pursuant to the Local Rules. ALSO Attachments have duplicate description. For attachment, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action. ** (mm, ) (Entered: 05/10/2012)
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Legal Document (Payment Possibly Required) 27 Filed: 5/9/2012, Entered: None Court Filing
MOTION for Entry of Judgment under Rule 54(b) by Gabriel Building and Supply Company, Inc.. Motion set for 6/6/2012 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Memorandum in Support # 2 Notice of Submission)(Kaufman, William) Modified event on 5/10/2012 (mm, ). (Entered: 05/09/2012)
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Legal Document (Payment Possibly Required) 26 Filed: 5/9/2012, Entered: None Court Filing
**ATTORNEY FILED IN ERROR-ATTORNEY REFILED AS REC DOC 27** MOTION entry of final judgment by Gabriel Building and Supply Company, Inc.. Motion set for 6/6/2012 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Memorandum in Support Memorandum Supporting Motion for Final Judgment on Behalf of Defendant Gabriel Building and Supply Company, Inc.)(Kaufman, William) Modified on 5/10/2012 (mm, ). (Entered: 05/09/2012)
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Legal Document (Payment Possibly Required) 25 Filed: 5/9/2012, Entered: None Court Filing
PRELIMINARY CONFERENCE NOTICE: Scheduling Conference set for 6/21/2012 01:00 PM before courtroom deputy by telephone. Signed by Judge Jane Triche Milazzo.(ecm, ) (Entered: 05/09/2012)
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Blank 24 Filed: 5/4/2012, Entered: None Court Filing
ORDER AND REASONS denying 6 Motion to Remand. The Court finds no reasonable basis to predict that a state court would allow Plaintiff to recover against Gabriel. Plaintiff's claims against Gabriel Building Supply are dismissed without prejudice. Signed by Judge Jane Triche Milazzo on 5/3/12. (ecm, ) (Entered: 05/04/2012)
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Legal Document (Payment Possibly Required) 23 Filed: 5/2/2012, Entered: None Court Filing
Minute Entry for proceedings held before Judge Jane Triche Milazzo: Motion Hearing held on 5/2/2012 re 6 MOTION to Remand to State Court, and MOTION for Attorney Fees and Costs filed by Patricia Hamaker Ayala. Plaintiff's Motion to Remand is taken under submission by the Court. (Court Reporter Jodi Simcox.) (ecm, ) (Entered: 05/02/2012)
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Legal Document (Payment Possibly Required) 22 Filed: 4/24/2012, Entered: None
Sur-Reply Memorandum filed by Enerco Group, Incorporated, Mr. Heater, Inc., in Opposition of 6 MOTION to Remand to State Court, and MOTION for Attorney Fees and Costs. (mm, ) (Entered: 04/24/2012)
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Legal Document (Payment Possibly Required) 21 Filed: 4/24/2012, Entered: None Court Filing
ORDER granting 20 Motion for Leave to File Sur-Reply Memorandum.Signed by Judge Jane Triche Milazzo on 4/24/2012. (mm, ) (Entered: 04/24/2012)
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Legal Document (Payment Possibly Required) 20 Filed: 4/24/2012, Entered: None
EXPARTE/CONSENT MOTION for Leave to File Sur-Reply Memorandum by Enerco Group, Incorporated, Mr. Heater, Inc.. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Palermo, Paul) (Entered: 04/24/2012)
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Legal Document (Payment Possibly Required) 19 Filed: 4/23/2012, Entered: None
REPLY to Response to Motion filed by Patricia Hamaker Ayala re 6 MOTION to Remand to State Court, and MOTION for Attorney Fees and Costs. (mm, ) (Entered: 04/23/2012)
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Legal Document (Payment Possibly Required) 18 Filed: 4/23/2012, Entered: None Court Filing
ORDER granting 14 Motion for Leave to File Response Memorandum. Signed by Judge Jane Triche Milazzo on 4/23/2012. (mm, ) (Entered: 04/23/2012)
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Legal Document (Payment Possibly Required) 17 Filed: 4/20/2012, Entered: None
Correction of Docket Entry by Clerk re 14 Supplemental Memorandum. **Filing attorney selected incorrect event. Correct event is Motion for Leave to File. Clerk took corrective action by changing the event. ALSO Main Document must be the motion with the Proposed Pleading and Proposed Order as attachments to the Motion. Clerk corrected the ordering of documents. ALSO Attachment was improperly described. Filing attorney incorrectly selected Notice of Submission instead of a more correct description. Clerk took corrective action.** (mm, ) (Entered: 04/20/2012)
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Legal Document (Payment Possibly Required) 16 Filed: 4/20/2012, Entered: None
ANSWER to 1 Notice of Removal, with Jury Demand (Specifically Doc 1.2 - Petition in Tort, Strict and Products Liability) by Enerco Group, Incorporated, Mr. Heater, Inc..(Palermo, Paul) (Entered: 04/20/2012)
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Legal Document (Payment Possibly Required) 15 Filed: 4/20/2012, Entered: None Court Filing
ORDER Resetting Hearing on 6 MOTION to Remand to State Court, and MOTION for Attorney Fees and Costs : Motion Hearing with Oral Argument reset for 5/2/2012 10:00 AM before Judge Jane Triche Milazzo.Signed by Judge Jane Triche Milazzo on 4/19/2012.(mm, ) (Entered: 04/20/2012)
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Legal Document (Payment Possibly Required) 14 Filed: 4/19/2012, Entered: None
EXPARTE/CONSENT Motion for Leave to File Supplemental Memorandum filed by All Plaintiffs. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Salley, Fred) Modified text on 4/20/2012 (mm, ). (Main Document 14 replaced on 4/20/2012) (mm, ). (Attachment 1 replaced on 4/20/2012) (mm, ). (Entered: 04/19/2012)
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Legal Document (Payment Possibly Required) 13 Filed: 4/17/2012, Entered: None
Request/Statement of Oral Argument by Enerco Group, Incorporated, Mr. Heater, Inc. regarding 6 MOTION to Remand to State Court, and MOTION for Attorney Fees and Costs (Palermo, Paul) (Entered: 04/17/2012)
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Legal Document (Payment Possibly Required) 12 Filed: 4/17/2012, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by Enerco Group, Incorporated, Mr. Heater, Inc. re 6 MOTION to Remand to State Court, and MOTION for Attorney Fees and Costs. (Palermo, Paul) (Entered: 04/17/2012)
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Legal Document (Payment Possibly Required) 11 Filed: 4/16/2012, Entered: None
Correction of Docket Entry by Clerk re 9 Response/Memorandum in Opposition to Motion, 10 Request/Statement of Oral Argument** Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary.** (mm, ) (Entered: 04/16/2012)
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Legal Document (Payment Possibly Required) 10 Filed: 4/16/2012, Entered: None
Request/Statement of Oral Argument by Gabriel Building Supply regarding 6 MOTION to Remand to State Court, and MOTION for Attorney Fees and Costs (Anderson, Lawrence) (Entered: 04/16/2012)
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Legal Document (Payment Possibly Required) 9 Filed: 4/16/2012, Entered: None
RESPONSE/MEMORANDUM in Opposition filed by Gabriel Building Supply re 6 MOTION to Remand to State Court, and MOTION for Attorney Fees and Costs. (Anderson, Lawrence) (Entered: 04/16/2012)
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Legal Document (Payment Possibly Required) 8 Filed: 4/4/2012, Entered: None
Statement of Corporate Disclosure by Enerco Group, Incorporated, Mr. Heater, Inc. (Palermo, Paul) (Entered: 04/04/2012)
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Legal Document (Payment Possibly Required) 7 Filed: 3/29/2012, Entered: None
Correction of Docket Entry by Clerk re 6 MOTION to Remand to State Court, and MOTION for Attorney Fees and Costs; Filing attorney selected incorrect hearing date. Next available hearing date is 4/25/12. Clerk took corrective action. (ecm, ) (Entered: 03/29/2012)
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Legal Document (Payment Possibly Required) 6 Filed: 3/28/2012, Entered: None Court Filing
MOTION to Remand to State Court, and MOTION for Attorney Fees and Costs by Patricia Hamaker Ayala. Motion set for 4/25/2012 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Proposed Order, # 2 Notice of Submission, # 3 Memorandum in Support)(Salley, Fred) Modified on 3/29/2012 (ecm, ). (Entered: 03/28/2012)
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Legal Document (Payment Possibly Required) 5 Filed: 3/28/2012, Entered: None
First AMENDED COMPLAINT with Jury Demand against All Defendants filed by Patricia Hamaker Ayala.(Salley, Fred) Modified text on 3/29/2012 (ecm, ). (Entered: 03/28/2012)
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Legal Document (Payment Possibly Required) 4 Filed: 3/6/2012, Entered: None
Notice of Compliance by Enerco Group, Incorporated, Mr. Heater, Inc. re 3 Order. (Attachments: # 1 Exhibit State Court Record)(Palermo, Paul) (Entered: 03/06/2012)
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Legal Document (Payment Possibly Required) 3 Filed: 3/5/2012, Entered: None
Directive by the Clerk regarding compliance with 28:1447(b) re 1 Notice of Removal, filed by Mr. Heater, Inc., Enerco Group, Incorporated. (ecm, ) (Entered: 03/05/2012)
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Legal Document (Payment Possibly Required) 2 Filed: 3/2/2012, Entered: None Court Filing
Initial Case Assignment to Judge Jane Triche Milazzo and Magistrate Judge Alma L. Chasez. (cl, ) (Entered: 03/02/2012)
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Blank 1 Filed: 3/2/2012, Entered: None
NOTICE OF REMOVAL from 21st Judicial District Court, Parish of Tangipahoa, case number 2012-0000344 Div.'H' (Filing fee $ 350 receipt number 053L-3411101) filed by Enerco Group, Incorporated, Mr. Heater, Inc. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Palermo, Paul) Modified filers on 3/5/2012 (ecm, ). (Entered: 03/02/2012)
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Blank 47 Filed: 6/9/2012, Entered: None Court Filing
ORDER AND REASONS denying 27 Motion for Entry of Judgment under Rule 54(b); denying 31 Motion for Reconsideration of Court's May 3, 2012 Order, or in the Alternative, For Certification of Court's May 3, 2012 Order for Interlocutory Appeal, as set forth in document. Signed by Judge Jane Triche Milazzo. (ecm, )
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Blank 24 Filed: 5/5/2012, Entered: None Court Filing
ORDER AND REASONS denying 6 Motion to Remand. The Court finds no reasonable basis to predict that a state court would allow Plaintiff to recover against Gabriel. Plaintiff's claims against Gabriel Building Supply are dismissed without prejudice. Signed by Judge Jane Triche Milazzo on 5/3/12. (ecm, )
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