MEMORANDUM RULING - After an independent review of the record, including the objections filed herein, this Court ADOPTS the magistrate judges recommendation, with the following clarifications, and the instant matter is REMANDED to the 16th Judicial District Court for the Parish of Iberia, Louisiana. Plaintiffs filed a Motion to Strike All Filings by Non-Party National Railroad Passenger Corporation d/b/a Amtrak 42 , which is herein DENIED AS MOOT, and defendants filed a Motion for Leave to F ile a Reply Brief 44 , which is herein GRANTED. Defendants have also filed a Motion for Order Permitting Interlocutory Appeal 33 , which is DENIED. Thus, after consideration of the objections filed herein and a de novo review of the record, this Court ADOPTS the magistrate judges recommendation, and the instant matter is REMANDED to the 16th Judicial District Court for the Parish of Iberia, Louisiana.Because this Court lacks subject matter jurisdiction over the instant matter, the defendants Motion for Order Permitting Interlocutory Appeal 33 is DENIED. Signed by Judge Rebecca F Doherty on 1/19/17. (crt,Guidry, C) Modified on 1/23/2017 to correct date filed (Guidry, C).
REPORT AND RECOMMENDATIONS re 10 MOTION to Remand filed by Brian Schmidt, Dustin Daigle, George Keith Day, Steven LeBlanc, III, Monic Porrier, Jody Day, Rechelle Potier. Based on the applicable jurisprudence as well as the record of this action, the Court will recommend that Plaintiffs' Motion To Remand [Rec. Doc. 10] be granted and this case be remanded to the Sixteenth Judicial District Court, Iberia Parish, Louisiana. Objections to R&R due by 12/8/2016. Signed by Magistrate Judge Carol B Whitehurst on 11/21/2016. (crt,Chicola, C)
REPLY MEMORANDUM FURTHER SUPPORTING DEFENDANTS' OBJECTIONS TO REPORT AND RECOMMENDATION - Reply Memorandum in further support of their objections to the November 21, 2016 24 REPORT AND RECOMMENDATIONS filed by 2FEB2EC, National Railroad Passenger Corp, B750FF1. (crt,Guidry, C)
MEMORANDUM RULING - After an independent review of the record, including the objections filed herein, this Court ADOPTS the magistrate judges recommendation, with the following clarifications, and the instant matter is REMANDED to the 16th Judicial District Court for the Parish of Iberia, Louisiana. Plaintiffs filed a Motion to Strike All Filings by Non-Party National Railroad Passenger Corporation d/b/a Amtrak 42 , which is herein DENIED AS MOOT, and defendants filed a Motion for Leave to File a Reply Brief 44 , which is herein GRANTED. Defendants have also filed a Motion for Order Permitting Interlocutory Appeal 33 , which is DENIED. Thus, after consideration of the objections filed herein and a de novo review of the record, this Court ADOPTS the magistrate judges recommendation, and the instant matter is REMANDED to the 16th Judicial District Court for the Parish of Iberia, Louisiana.Because this Court lacks subject matter jurisdiction over the instant matter, the defendants Motion for Order Permitting Interlocutory Appeal 33 is DENIED. Signed by Judge Rebecca F Doherty on 1/19/17. (crt,Guidry, C) Modified on 1/23/2017 to correct date filed (Guidry, C).
MEMORANDUM in Opposition re 42 MOTION to Strike All Filings by Non-Party National Railroad Passenger Corporation d/b/a Amtrak with Certificate filed by 2FEB2EC, National Railroad Passenger Corp, B750FF1. (aty,McElligott, John)
PROPOSED PLEADING re: 46 MOTION for Leave to File Supplement & Provide Additional Authorities in Support of Their Response & Resistance to DOTD's Objection to Magistrate's 24 Report & Recommendation. (Attachments: # 1 Proposed order)(aty,Scott, James) Modified on 1/18/2017 to edit text (FinnSld, P).
MOTION for Leave to File Supplemental Response to Objections to 24 Report and Recommendation filed by 88D3785. (aty,Scott, James) Modified on 1/18/2017 to capture correct event and indicate See Document 47 for Proposed Pleading (FinnSld, P).
RESPONSE Joinder in National Railroad Passenger Corp's Reply attached to 44 Motion for Leave to File Reply Memorandum Further Supporting Defendants' 32 Objection to Report and Recommendations by B N S F Railway Co. (aty,Hightower, Thomas) Modified on 1/11/2017 to edit text and create link to proper pleading. (Putch, A)
MOTION for Leave to File Reply Memorandum further Supporting Objections to 24 Report and Recommendation with consent by 2FEB2EC, National Railroad Passenger Corp, B750FF1. (Attachments: # 1 Exhibit, # 2 Proposed order, # 3 Proposed pleading)(aty,McElligott, John) Modified on 1/6/2017 to create link. (Putch, A)
NOTICE of Motion Setting without oral argument regarding 42 MOTION to Strike All Filings by Non-Party National Railroad Passenger Corporation d/b/a Amtrak. Motion 16D52EF or 88D3785 set for 2/24/2017 before Judge Rebecca F Doherty. (crt,Putch, A)
MOTION to Strike All Filings by Non-Party National Railroad Passenger Corporation d/b/a Amtrak by 88D3785, 1C0C460, C1609F0, FEDAE81, 29D9B89, 16D52EF, 12E7A16. (Attachments: # 1 Memorandum / Brief)(aty,Scott, James) Modified on 1/3/2017 to edit filers. (Putch, A)
NOTICE of Deficiency to James Felix Scott, III on behalf of C1609F0, 88D378552EF2EF, FEDAE81, 29D9B89 regarding 40 MOTION to Strike All Filings by Non-Party National Railroad Passenger Corporation d/b/a Amtrak. Reason: This motion requires a memorandum in support. Please see LR7.4 for more specific information. (crt,Putch, A)
DEFICIENT MOTION to Strike All Filings by Non-Party National Railroad Passenger Corporation d/b/a Amtrak by 88D3785, 1C0C460, C1609F0, FEDAE81, 29D9B89, 16D52EF, 12E7A16. (aty,Scott, James) Modified on 12/29/2016 to reflect as deficient. (Putch, A) Modified on 1/3/2017 to edit filers and to remove "?" as pleading refiled in it entirety as 42 Motion to Strike. (Putch, A)
RESPONSE to Motion re 24 REPORT AND RECOMMENDATIONS re 10 MOTION to Remand filed by 88D3785, 1C0C460, C1609F0, FEDAE81, 29D9B89, 16D52EF, 12E7A16. (aty,Scott, James) Modified on 12/29/2016 to edit text. (Putch, A) Modified on 1/3/2017 to capture all filers. (Putch, A)
RESPONSE to Objections to 24 REPORT AND RECOMMENDATIONS re 10 MOTION to Remand , 33 MOTION for Leave to Appeal an Order of Remand filed by 88D3785, 1C0C460, C1609F0, FEDAE81, 29D9B89, 16D52EF, 12E7A16. (aty,Scott, James) Modified on 12/29/2016 to edit text. (Putch, A) Modified on 1/3/2017 to capture all filers. (Putch, A)
ORDER - IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff's Unopposed Motion for Extension of Time 36 is hereby GRANTED. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiffs are granted an extension through December 29, 2016 to file its Response to National Railroad Passenger Corporation ("Amtrak"), 2FEB2EC and B750FF1 Objections to Report and Recommendation 31 ; Amtrak, 2FEB2EC and B750FF1 Motion for Order Permitting Interlocutory Appeal From Any Remand Order, Pursuant to 28 U.S.C. Section 1982(b) 33 ; and BNSF Railway Company's ("BNSF") Joinder in Amtrak's Memorandum Supporting Defendants' Objections to Report and Recommendation Regarding Plaintiff's Motion to Remand Action And, Alternatively, Supporting Motion for Order Permitting Interlocutory Appeal From Any Remand Order, Pursuant to 28 U.S.C. Section 1292(b) 32 . Responses due by 12/29/2016. Signed by Judge Rebecca F Doherty on 12/22/16. (crt,Guidry, C)
UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Leave to Appeal an Order of Remand with consent by 88D3785, 1C0C460, C1609F0, FEDAE81, 29D9B89, 16D52EF, 12E7A16. Motions referred to Carol B Whitehurst. (Attachments: # 1 Proposed order)(aty,Scott, James) Modified on 12/21/2016 to edit filers. (Putch, A) Modified on 1/3/2017 to capture all filers. (Putch, A)
RESPONSE TO OBJECTION to 24 REPORT AND RECOMMENDATIONS re 10 MOTION to Remand filed by 1C0C460, C1609F0, 88D3785, FEDAE81, 29D9B89, 16D52EF, 12E7A16. (aty,Scott, James) Modified on 12/21/2016 to edit text and filers. (Putch, A)
ORDER granting 28 Motion for Extension of Time to File Response/Reply re 24 REPORT AND RECOMMENDATIONS re 10 MOTION to Remand filed by 1C0C460, C1609F0, 88D3785, FEDAE81, 29D9B89, 16D52EF, 12E7A16. Objections to R&R due by 12/8/2016. Signed by Judge Rebecca F Doherty on 12/9/16. (crt,Guidry, C)
OBJECTION to 24 Report and Recommendations by B N S F Railway Co. Response to Objection to R&R due by 12/22/2016. ADMINISTRATIVE ENTRY to capture Response deadline as this document was electronically filed in error as 32 Memorandum. (crt,Putch, A) Modified on 12/9/2016 to add document number. (Putch, A)
OBJECTION to 24 Report and Recommendations by 2FEB2EC, National Railroad Passenger Corp, B750FF1. Response to Objection to R&R due by 12/22/2016. ADMINISTRATIVE ENTRY to capture Response deadline as this document was electronically filed in error as 31 Reply to Response.(crt,Putch, A) Modified on 12/9/2016 to add document number. (Putch, A)
MOTION for Leave to Appeal an Order of Remand by 2FEB2EC, National Railroad Passenger Corp, B750FF1. (Attachments: # 1 Memorandum / Brief, # 2 Table of Authorities, # 3 Table of Contents)(aty,McElligott, John) Modified on 12/9/2016 to edit text. (Putch, A)
ORDER granting 26 Motion for Extension of Time to File Response/Reply re 24 REPORT AND RECOMMENDATIONS re 10 MOTION to Remand filed by 1C0C460, C1609F0, 88D3785, FEDAE81, 29D9B89, 16D52EF, 12E7A16 Objections to R&R due by 12/8/2016. Signed by Judge Rebecca F Doherty on 12/6/16. (crt,Guidry, C)
OBJECTION to 24 Report and Recommendations by LA Dept of Transportation & Development. Response to Objection to R&R due by 12/20/2016 (aty,Grubbs, Julius)
MOTION for Extension of Time to File Response/Reply regarding 24 Report and Recommendations with consent by B N S F Railway Co. Motions referred to Carol B Whitehurst. (Attachments: # 1 Proposed order, # 2 Certificate of Consent)(aty,Hightower, Thomas) Modified on 12/6/2016 to capture proper motion event. (Putch, A)
MOTION for Extension of Time to File Response/Reply regarding 24 Report and Recommendations with consent by 2FEB2EC, National Railroad Passenger Corp, B750FF1. (Attachments: # 1 Certificate of Consent, # 2 Proposed order)(aty,Felder, Robert) Modified on 12/2/2016 to capture proper motion event. (Putch, A)
REPORT AND RECOMMENDATIONS re 10 MOTION to Remand filed by 1C0C460, C1609F0, 88D3785, FEDAE81, 29D9B89, 16D52EF, 12E7A16. Based on the applicable jurisprudence as well as the record of this action, the Court will recommend that Plaintiffs' Motion To Remand [Rec. Doc. 10] be granted and this case be remanded to the Sixteenth Judicial District Court, Iberia Parish, Louisiana. Objections to R&R due by 12/8/2016. Signed by Magistrate Judge Carol B Whitehurst on 11/21/2016. (crt,Chicola, C)
ORDER re 10 MOTION to Remand filed by 1C0C460, C1609F0, 88D3785, FEDAE81, 29D9B89, 16D52EF, 12E7A16: The November 16, 2016 hearing with oral argument is hereby canceled and the Court will issue a ruling in the near future. Signed by Magistrate Judge Carol B Whitehurst on 11/09/2016. (crt,Williams, L)
MOTION for Leave to File Reply re 10 MOTION to Remand filed by 88D3785, 1C0C460, C1609F0, FEDAE81, 29D9B89, 16D52EF, 12E7A16. (Attachments: # 1 Proposed order Granting Leave to File Reply to BNSF & Amtrak Response, # 2 Proposed Reply to BNSF & Amtrak Response to Pls Mtn for Remand)(aty,Scott, James) Modified on 10/31/2016 to more accurately identify the pleading submitted. (Putch, A) Modified on 1/3/2017 to capture all filers. (Putch, A)
MOTION for Leave to File REPLY to Response to 10 MOTION to Remand filed by 88D3785, 1C0C460, C1609F0, FEDAE81, 29D9B89, 16D52EF, 12E7A16. (Attachments: # 1 Proposed order, # 2 Proposed pleading, # 3 Proposed exhibit A, # 4 Proposed exhibit B, # 5 Proposed exhibit C, # 6 Proposed exhibit D)(aty,Scott, James) Modified on 10/21/2016 (FinnSld, P). Modified on 10/21/2016 to correct event and edit text (FinnSld, P). Modified on 1/3/2017 to capture all filers. (Putch, A)
ORDER granting 14 Motion to Appear Pro Hac Vice for appearance of Douglas W Poole for B N S F Railway Co. Signed by Magistrate Judge Carol B Whitehurst on 10/19/2016. (crt,Chicola, C)
MOTION for Douglas W. Poole to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-3197176) by B N S F Railway Co. Motions referred to Carol B Whitehurst. (Attachments: # 1 Certificate of good standing)(aty,Hightower, Thomas) Modified on 10/18/2016 to create link to 15 Proposed Order. (Putch, A)
NOTICE of Motion Setting with oral argument regarding: 10 MOTION to Remand. Motion 16D52EF or 88D3785 set for 11/16/2016 10:00 AM in Lafayette, Courtroom 6 before Magistrate Judge Carol B Whitehurst. (crt,Whidden, C)
MOTION to Remand by 88D378552EF2EF, 1C0C460, 29D9B89, C1609F0, 12E7A16, FEDAE81. Motions referred to Carol B Whitehurst. (Attachments: # 1 Memo in Support Motion to Remand, # 2 Exhibit 1)(aty,Scott, James) Modified on 9/29/2016 to add filers and modify docket text (Whidden, C).
CORPORATE DISCLOSURE STATEMENT by B N S F Railway Co identifying Corporate Parent Burlington Northern & Santa Fe Railway Co for B N S F Railway Co. (aty,Hightower, Thomas)
CORPORATE DISCLOSURE STATEMENT by National Railroad Passenger Corp identifying Other Affiliate Chicago Union Station Company, Other Affiliate Passenger Railroad Insurance Ltd., Other Affiliate Penn State Leasing, LLC, Other Affiliate Washington Terminal Co. for National Railroad Passenger Corp. (aty,Gideon, Kyle) Modified on 9/13/2016 to add other affiliates. (Putch, A)
NOTICE of Corporate Disclosure Statement Requirement re: 1 Notice of Removal sent to John E McElligott, Jr, Kyle L Gideon, Robert Douglas Felder on behalf of National Railroad Passenger Corporation ("Amtrak"). Corporate Disclosure Statement due by 9/15/2016. (crt,Thigpen, M)
NOTICE of Removal from 16th JDC, Case Number 128692-C with Jury Demand; (Filing fee $400, receipt number 0536-3164499) filed by National Railroad Passenger Corporation ("Amtrak"). (Attachments: # 1 Exhibit A & B, # 2 Affidavit, # 3 Civil cover sheet)(Attorney John E McElligott, Jr added to party National Railroad Passenger Corporation ("Amtrak")(pty:selreq))(aty,McElligott, John)
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