Butler v. Georgia-Pacific L L C et al
| Louisiana Western District Court | |
| Judge: | Patricia Minaldi |
| Referred: | Kathleen Kay |
| Case #: | 2:14-cv-00476 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Mar 03, 2014 |
| Terminated: | Jul 07, 2015 |
| Last checked: Tuesday Dec 09, 2014 9:07 PM CST |
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Defendant
Georgia-Pacific Woods Products South L L C
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Represented By
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Defendant
International Paper Co
thru C T Corp System 8550 United Plaza Blvd
Baton Rouge, LA 70809 |
Represented By
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Defendant
Alvey J Witmer, III
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Represented By
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Plaintiff
Roger D Butler
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Represented By
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Plaintiff
Santana Butler
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Georgia-Pacific L L C
Terminated: 03/03/2014
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Defendant
Trey Whitmere
Terminated: 03/03/2014
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| Docket last updated: 12 hours ago |
| Tuesday, February 16, 2016 | ||
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appeal
Appeal Record Returned
Tue 02/16 1:52 PM
APPEAL RECORD RETURNED from USCA re 41 Notice of Appeal: Consisting of 1 brown folder containing memory stick exhibit. (crt,WalkerSld, B) |
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| Tuesday, December 08, 2015 | ||
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appeal
Appeal Remark
Tue 12/08 11:41 AM
APPEAL REMARK re41 Notice of Appeal: USCA request via email for exhibits from District Court for 2:14-cv-0476. ROA due on 12/14/2015. (crt,WalkerSld, B) |
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appeal
Appeal Remark
Tue 12/08 11:43 AM
APPEAL REMARK re41 Notice of Appeal: Clerk forwarded via UPS mail Exhibit filed as a manual attachment on 5/7/15 (Consisting of 1 brown folder: containing memory stick exhibit) to the 5th Circuit Court of Appeals upon their expedited request on 12/14/2015. (crt,WalkerSld, B) |
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| Thursday, August 13, 2015 | ||
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appeal
USCA Case Number
Thu 08/13 8:12 AM
USCA Case Number 15-30674 for41 Notice of Appeal filed by Roger D Butler. (crt,WalkerSld, B) |
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appeal
Appeal Record Sent to USCA
Thu 08/13 2:45 PM
ELECTRONICALLY CERTIFIED Record on Appeal to US Court of Appeals re41 Notice of Appeal. In addition to this electronic record, the record will include 1 Container of Non-Electronic Exhibits. To obtain the Record on Appeal, please log into CM/ECF and select Request for Record on Appeal event under the Appeal Documents category. (crt,WalkerSld, B) |
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appeal
Request for Record on Appeal
Thu 08/13 3:11 PM
REQUEST For Record on Appeal by Roger D Butler. re41 Notice of Appeal (aty,DeRosier, James) |
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appeal
Appeal Record Sent to Attorney
Thu 08/13 3:23 PM
FORWARDED APPEAL RECORD to James F DeRosier on behalf of Roger D Butler regarding41 Notice of Appeal. Record sent via E-mail. (crt,WalkerSld, B) |
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| Friday, August 07, 2015 | ||
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appeal
~Util - Set/Reset Appeal Deadlines
Fri 08/07 10:23 AM
Set Deadline for Clerk re41 Notice of Appeal : Certify Appeal Record by Clerk to COA 8/24/2015. (crt,WalkerSld, B) |
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| Tuesday, July 28, 2015 | ||
| 41 | 41
appeal
Notice of Appeal
Tue 07/28 3:11 PM
NOTICE OF APPEAL as to40 Order on Motion for Summary Judgment, by Roger D Butler. (Filing fee $505, receipt number 0536-2855303) Appeal Record due by Clerk to COA 8/12/2015. (aty,DeRosier, James) |
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| Tuesday, July 07, 2015 | ||
| 40 | 40
order
Order on Motion for Summary Judgment
Tue 07/07 4:33 PM
JUDGMENT granting31 Motion for Summary Judgment; IT IS FURTHER ORDERED that as there are no remaining causes of action alleged, this matter be and hereby is DISMISSED, WITH PREJUDICE. Signed by Judge Patricia Minaldi on 7/2/2015. (crt,FinnSld, P) |
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| 39 | 39
5
pgs
order
Memorandum Ruling
Tue 07/07 4:29 PM
MEMORANDUM RULING GRANTING31 MOTION for Summary Judgment filed by International Paper Co, Alvey J Witmer, III. Signed by Judge Patricia Minaldi on 7/2/2015. (crt,FinnSld, P) |
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| Monday, June 08, 2015 | ||
| 38 | 38
order
Order on Motion for Partial Summary Judgment
Tue 06/09 10:08 AM
JUDGMENT granting27 Motion for Partial Summary Judgment; IT IS FURTHER ORDERED that Santana Butler's claims against the defendants in this matter be and hereby are DISMISSED, WITH PREJUDICE, each party to bear its own costs and leaving intact the claims of Roger D. Butler. Signed by Judge Patricia Minaldi on 6/6/2015. (crt,FinnSld, P) |
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| 37 | 37
order
Memorandum Ruling
Tue 06/09 10:07 AM
MEMORANDUM RULING GRANTING27 MOTION for Partial Summary Judgment filed by International Paper Co, Alvey J Witmer, III. Signed by Judge Patricia Minaldi on 6/6/2015. (crt,FinnSld, P) |
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| Tuesday, May 19, 2015 | ||
| 36 | 36
respm
Reply to Response to Motion
Tue 05/19 10:44 AM
REPLY to Response to Motion re31 MOTION for Summary Judgment filed by International Paper Co, Alvey J Witmer, III. (aty,Williamson, Michael) |
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| Friday, May 08, 2015 | ||
| 35 | 35
motion
Hearing
Fri 05/08 9:26 AM
MOTION for Hearing re31 MOTION for Summary Judgment by International Paper Co, Alvey J Witmer, III. Motions referred to Kathleen Kay.(aty,Williamson, Michael) |
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Att: 1
Memorandum / Brief,
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Att: 2
Proposed order
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utility
Motions Transferred
Fri 05/08 10:55 AM
Motions Transferred regarding35 MOTION for Hearing re31 MOTION for Summary Judgment. Motions referred to Patricia Minaldi. (crt,Dauterive, C) |
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| Thursday, May 07, 2015 | ||
| 34 | 34
utility
Manual Attachment Received
Thu 05/07 11:20 AM
MANUAL ATTACHMENT received from James F DeRosier on behalf of Roger D Butler, Santana Butler regarding33 Response to Motion,. The original manual attachments will be maintained in the division of the presiding judge, until expiration of appeal delays. (crt,FinnSld, P) |
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| 33 | 33
respm
Response to Motion
Thu 05/07 10:32 AM
RESPONSE to Motion re31 MOTION for Summary Judgment filed by Roger D Butler, Santana Butler.(aty,DeRosier, James) |
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Att: 1
Exhibit,
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Att: 2
Affidavit,
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Att: 3
Exhibit,
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Att: 4
Notice of manual attachment,
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Att: 5
Exhibit,
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Att: 6
Statement of material facts,
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Att: 7
Statement of material facts
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| Monday, April 20, 2015 | ||
| 32 | 32
notice
Notice of Motion Setting (without date)
Mon 04/20 9:58 AM
NOTICE of Motion Setting regarding31 MOTION for Summary Judgment. Motions referred to Patricia Minaldi. (crt,Dauterive, C) |
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| Friday, April 17, 2015 | ||
| 31 | 31
motion
Summary Judgment
Fri 04/17 4:30 PM
MOTION for Summary Judgment by International Paper Co, Alvey J Witmer, III.(aty,Williamson, Michael) |
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Att: 1
Proposed order,
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Att: 2
Memorandum / Brief,
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Att: 3
Exhibit A,
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Att: 4
Statement of material facts
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| Thursday, April 09, 2015 | ||
| 30 | 30
misc
Letter
Thu 04/09 3:09 PM
LETTER from James F. DeRosier to Hon. Patricia Minaldi advising that plaintiffs will not oppose the Motion for Partial Summary Judgment27 filed by International Paper Co., d/b/a Temple Inland and Alvey J. Witmer on 3/26/15 (crt,FinnSld, P) |
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| Monday, April 06, 2015 | ||
| 29 | 29
misc
Response to Order to Show Cause
Mon 04/06 4:41 PM
RESPONSE TO ORDER TO SHOW CAUSE by Santana Butler. (aty,DeRosier, James) |
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notice
Notice of Corrective Action
Tue 04/07 4:18 PM
NOTICE of Corrective Action to James F DeRosier on behalf of Roger D Butler and Santana Butler regarding document filed in error as29 Response to Order to Show Cause. Action taken: Modified docket entry to correctly identify as29 LETTER from James F DeRosier to Judge Minaldi re27 MOTION for Partial Summary Judgment; advising that plaintiffs Roger D Butler and Santana Butler will not oppose the Motion and will not be filing a response. (crt,Dauterive, C) |
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| Thursday, March 26, 2015 | ||
| 28 | 28
notice
Notice of Motion Setting (without date)
Thu 03/26 3:17 PM
NOTICE of Motion Setting regarding27 MOTION for Partial Summary Judgment. Motions referred to Patricia Minaldi. (crt,Dauterive, C) |
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| 27 | 27
motion
Partial Summary Judgment
Thu 03/26 2:52 PM
MOTION for Partial Summary Judgment by International Paper Co, Alvey J Witmer, III.(aty,Williamson, Michael) |
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Att: 1
Proposed order,
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Att: 2
Memorandum / Brief,
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Att: 3
Exhibit A,
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Att: 4
Statement of material facts
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| Thursday, October 30, 2014 | ||
| 26 | 26
ANSWER to25 Amended Complaint with Jury Demand by International Paper Co, Alvey J Witmer, III.(aty,Williamson, Michael)
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| Thursday, October 02, 2014 | ||
| 24 | 24
ELECTRONIC SCHEDULING ORDER Governing Pretrial Procedure: Jury Trial set for 9/28/2015 10:00 AM in Lake Charles, Courtroom 4 before Judge Patricia Minaldi. Pretrial Conference set for 8/28/2015 10:00 AM in Chambers before Magistrate Judge Kathleen Kay. Dispositive Motions due by 6/30/2015. Plaintiffs Expert Info/Reports due by 7/15/2015. Defendants Expert Info/Reports due by 7/30/2015. Daubert Motions due by 8/14/2015. Motions in Limine due by 8/14/2015. Compel discovery 8/14/2015. All other motions due by 8/31/2015. Deadline for filing motion for protective order is 8/31/2015. Pretrial statements due by 8/31/2015. Exhibit List due by 8/31/2015. Real Time glossary due by 9/18/2015. Electronic Exhibits due by 9/21/2015.. Signed by Magistrate Judge Kathleen Kay on 10/2/104.(jud,Kay, Kathleen)
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Att: 1
Attachments to scheduling order Addendum to Electronic Scheduling Order
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| 23 | 23 MINUTES for proceedings held before Magistrate Judge Kathleen Kay: SCHEDULING CONFERENCE held on 10/2/2014. Participating by telephone: James F. DeRosier for plaintiff and Michael J. Williamson for defendants. Jury Trial is set for 9/28/2015 at 10:00 AM in Lake Charles, Courtroom 4 before Judge Patricia Minaldi. Pretrial Conference is set for 8/28/2015 at 10:00 AM in Chambers before Magistrate Judge Kathleen Kay. See Electronic Scheduling Order and its addendum docketed separately for additional deadlines and explanations of those deadlines. (jud,Kay, Kathleen) | |
| Tuesday, September 30, 2014 | ||
| 25 | 25
SECOND SUPPLEMENTAL AND AMENDED COMPLAINT against International Paper Co, Alvey J Witmer, III filed by Roger D Butler, Santana Butler.(crt,Keifer, K)
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Att: 1
Exhibit
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| 22 | 22 ELECTRONIC ORDER granting21 Motion to Amend/Correct. Signed by Magistrate Judge Kathleen Kay on 9/30/2014. (jud,Kay, Kathleen) | |
| Monday, September 29, 2014 | ||
| 21 | 21
MOTION for Leave to File Complainants' Second Supplemental and Amended Complaint filed by Roger D Butler, Santana Butler regarding19 Amended Document with consent. (aty,DeRosier, James) Modified to add filer and text, reflect document as motion, and link to complaint on 9/29/2014 (Dunford, T). Modified on 9/30/2014 to change motion event (Williams, L).
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| Motions Transferred regarding21 MOTION for Leave to File. Motions referred to Kathleen Kay. (crt,Dunford, T) | ||
| Friday, September 26, 2014 | ||
| 20 | 20
NOTICE of Deficiency to James F DeRosier on behalf of Roger D Butler, Santana Butler regarding19 Amended Complaint. Reason: Leave of court is required for the filing of this amended pleading. (crt,Dauterive, C)
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| Thursday, September 25, 2014 | ||
| 19 | 19
PROPOSED AMENDED COMPLAINT by Roger D Butler and Santana Butler. Amendment to10 Amended Complaint .(aty,DeRosier, James) Modified on 9/26/2014 to add filer, reflect deficient status and pleading as "Proposed" (Dauterive, C). Modified to remove deficiency notation on 9/29/2014 (Dunford, T).
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Att: 1
Exhibit
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| Tuesday, September 16, 2014 | ||
| 18 | 18
LETTER STATUS REPORT by Georgia-Pacific Woods Products South L L C, International Paper Co, Alvey J Witmer, III. (aty,Williamson, Michael)
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| Thursday, September 04, 2014 | ||
| 17 | 17 MINUTES for proceedings held before Magistrate Judge Kathleen Kay: SCHEDULING CONFERENCE held on 9/4/2014. Participating by telphone: James F. DeRosier for plaintiff and Justin L. Bailey for defendant. Both parties agree that the issue of whether defendant is statutory employer of plaintiff could be dispositive of all matters pending but whether it is an issue has yet to be resolved. Accordingly this Scheduling Conference is TERMINATED and a new Scheduling Conference is set for 10/2/2014 at 09:30 AM in by phone before Magistrate Judge Kathleen Kay. Should a Motion for Summary Judgment be filed by either party on the statutory employer issue before the time of the next Scheduling Conference, then that conference will be terminated and reset by the court. (jud,Kay, Kathleen) | |
| Wednesday, August 27, 2014 | ||
| 16 | 16
RULE 26(f) Report by All Parties. (aty,DeRosier, James) Modified on 8/28/2014 to edit text and add filers (Dauterive, C).
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| Monday, July 28, 2014 | ||
| 15 | 15
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 9/4/2014 @ 11:00 AM by phone before Magistrate Judge Kathleen Kay.(crt,Benoit, J)
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Att: 1
Attachments to scheduling order
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| Monday, May 12, 2014 | ||
| 14 | 14
CORRECTIVE DOCUMENT entitled Certificate of Service filed by International Paper Co regarding12 Answer to Amended Complaint, .(aty,Walker, Frank)
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Att: 1
Certificate of Service
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| Monday, May 05, 2014 | ||
| 13 | 13
NOTICE of Deficiency to Frank M Walker, Jr on behalf of International Paper Co, Alvey J Witmer, III regarding12 Answer to Amended Complaint. Reason: This document is not accompanied by a certificate of service as required by Fed.R.Civ.P. 5(d). (crt,Dauterive, C)
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| Thursday, May 01, 2014 | ||
| 12 | 12
ANSWER to10 Amended Complaint by International Paper Co, Alvey J Witmer, III.(Attorney Frank M Walker, Jr added to party Alvey J Witmer, III(pty:dft))(aty,Walker, Frank) Modified on 5/5/2014 to reflect deficient staus (Dauterive, C). Modified on 5/13/2014 to remove deficient status; see14 Corrective Document (Dauterive, C).
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| Thursday, March 27, 2014 | ||
| 11 | 11
SUMMONS ISSUED as to Alvey J Witmer, III. (crt,Whidden, C)
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| Wednesday, March 26, 2014 | ||
| 10 | 10
FIRST SUPPLEMENTAL AND AMENDED COMPLAINT against International Paper Co, Alvey J Witmer, III filed by Roger D Butler, Santana Butler.(crt,Whidden, C)
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| 9 | 9 ELECTRONIC ORDER granting8 Motion to Amend/Correct. Signed by Magistrate Judge Kathleen Kay on 3/26/2014. (jud,Kay, Kathleen) | |
| Monday, March 24, 2014 | ||
| 8 | 8
Unopposed MOTION to Amend/Correct Complaint with consent by Roger D Butler. Motions referred to Kathleen Kay.(aty,DeRosier, James) Modified on 3/25/2014 to edit text and indicate Proposed Order included within pdf of main document (Dauterive, C).
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Att: 1
Proposed pleading
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| Friday, March 21, 2014 | ||
| 7 | 7
CORPORATE DISCLOSURE STATEMENT by International Paper Co identifying Corporate Parent/Other Affiliate T I N Inc and Temple-Inland Inc for International Paper Co. (aty,Walker, Frank) Modified on 3/24/2014 to correct Corporate Parent/Other Affiliate (Dauterive, C).
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| 6 | 6
SECOND NOTICE of Corporate Disclosure Statement Requirement, re:2 Notice of Corporate Disclosure Statement Requirement, sent to Michael J Williamson, Frank M Walker, Jr on behalf of Georgia-Pacific Woods Products South L L C, International Paper Co. Show Cause Response due by 4/4/2014. (crt,Mitchell, Pam)
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| Tuesday, March 18, 2014 | ||
| 5 | 5
ORDER granting4 Motion to Appear Pro Hac Vice for appearance of Justin L Bailey for International Paper Co. Signed by Magistrate Judge Kathleen Kay on 03/18/2014. (crt,Yocum, M)
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| Friday, March 14, 2014 | ||
| 4 | 4
Proposed MOTION for Justin L. Bailey to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-2472226) by International Paper Co. Motions referred to Kathleen Kay.(aty,Walker, Frank)
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Att: 1
Certificate of good standing,
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Att: 2
Certificate of Service,
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Att: 3
Proposed order
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| Wednesday, March 05, 2014 | ||
| 3 | 3
REMOVAL ORDER forwarded to all counsel of record. Signed by Magistrate Judge Kathleen Kay on March 5, 2014. (crt,Benoit, T)
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| Tuesday, March 04, 2014 | ||
| 2 | 2
NOTICE of Corporate Disclosure Statement Requirement re:1 Notice of Removal sent to Michael J Williamson, Frank M Walker, Jr on behalf of Georgia-Pacific Woods Products South L L C, International Paper Co. Corporate Disclosure Statement due by 3/18/2014. (crt,Thigpen, M)
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| Monday, March 03, 2014 | ||
| 1 | 1
NOTICE of Removal from 14th JDC Calcasieu Parish, Case Number 2013-005560 with Jury Demand; (Filing fee $400, receipt number 0536-2462237) filed by International Paper Company.(Attorney Frank M Walker, Jr added to party International Paper Company(pty:dft))(aty,Walker, Frank)
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Att: 1
Notice of Removal,
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Att: 2
Affidavit,
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Att: 3
Certificate of Filing in State Court Proceedings and Notice of Filing to Adverse Parties,
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Att: 4
Certificate of Proceedings,
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Att: 5
Certificate of Service,
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Att: 6
Affidavit of Witmer,
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Att: 7
State Court - Suit Record
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| ANSWER to Complaint with Jury Demand by Georgia-Pacific Woods Products South L L C, International Paper Co. ADMINISTRATIVE ENTRY: (THE PDF IMAGE CAN BE FOUND IN ATTACHMENT #7 OF DOCUMENT1 NOTICE OF REMOVAL).(crt,Thigpen, M) | ||
| CASE Assigned to Judge Patricia Minaldi and Magistrate Judge Kathleen Kay. (crt,Thigpen, M) | ||