Thomason v. Outback Steakhouse of Florida L L C et al
| Louisiana Western District Court | |
| Judge: | Robert R Summerhays |
| Referred: | Joseph H L Perez-Montes |
| Case #: | 1:17-cv-01541 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1441 Notice of Removal |
| Case Filed: | Nov 22, 2017 |
| Terminated: | Feb 21, 2020 |
| Last checked: Monday May 21, 2018 3:54 AM CDT |
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Defendant
Bloomin Brands Inc
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Represented By
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Defendant
Outback Steakhouse of Florida L L C
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Represented By
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Plaintiff
Gladys Thomason
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Represented By
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| Docket last updated: 02/27/2024 11:59 PM CST |
| Friday, February 21, 2020 | ||
| 43 | 43
1
pgs
order
Order on Report and Recommendations Order on Motion for Summary Judgment
Fri 02/21 9:06 AM
JUDGMENT adopting38 Report and Recommendations.; granting15 Motion for Summary Judgment. Signed by Judge Robert R Summerhays on 2/20/2020. (crt,Jordan, P) |
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| 42 | 42
3
pgs
order
Memorandum Ruling
Fri 02/21 8:39 AM
MEMORANDUM RULING re38 REPORT AND RECOMMENDATIONS re15 MOTION for Summary Judgment filed by Outback Steakhouse of Florida L L C, Bloomin Brands Inc. Signed by Judge Robert R Summerhays on 2/20/2020. (crt,Jordan, P) |
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| Wednesday, July 10, 2019 | ||
| 41 | 41
order
Minute Entry/Order Reassigning Case
Wed 07/10 11:34 AM
ELECTRONIC MINUTE ENTRY issued by the Clerk. In accordance with Standing Order 1.62, this matter is hereby reassigned. Case reassigned to Judge Robert R Summerhays. Unassigned District Judge no longer assigned to case. Any pending motions and deadlines or hearings previously set before Unassigned District Judge are hereby reset before Judge Summerhays. All future filings should bear the name of the new judge assignment. Signed by Chief Judge S Maurice Hicks, Jr on 7/10/2019. (crt,Whidden, C) |
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utility
Motions Transferred
Wed 07/10 11:35 AM
Motions Transferred regarding15 MOTION for Summary Judgment ,38 REPORT AND RECOMMENDATIONS re15 MOTION for Summary Judgment filed by Outback Steakhouse of Florida L L C, Bloomin Brands Inc. Motions referred to Judge Robert R Summerhays. (crt,Whidden, C) |
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| Friday, June 14, 2019 | ||
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utility
Motions Transferred
Fri 06/14 3:56 PM
Motions Transferred regarding15 MOTION for Summary Judgment ,38 REPORT AND RECOMMENDATIONS re15 MOTION for Summary Judgment filed by Outback Steakhouse of Florida L L C, Bloomin Brands Inc. Motions referred to Judge Robert G James. (crt,Roaix, G) |
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| Tuesday, June 11, 2019 | ||
| 40 | 40
respoth
Response to Objection to Report and Recommendations
Tue 06/11 10:53 AM
RESPONSE TO OBJECTION to38 Report and Recommendations by Bloomin Brands Inc, Outback Steakhouse of Florida L L C. (aty,Nodier, Matthew) |
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| Tuesday, May 28, 2019 | ||
| 39 | 39
respoth
Objection to Report and Recommendations
Tue 05/28 4:48 PM
OBJECTION to38 Report and Recommendations by Gladys Thomason. Response to Objection to R&R due by 6/11/2019 (aty,Ledet, Eugene) |
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| Tuesday, May 14, 2019 | ||
| 38 | 38
motion
Report and Recommendations
Tue 05/14 4:38 PM
REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED that15 MOTION for Summary Judgment be DISMISSED WITH PREJUDICE. Objections to R&R due by 5/28/2019. Signed by Magistrate Judge Joseph H L Perez-Montes on 5/14/2019. (crt,Tice, Y)(c) |
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| Thursday, April 04, 2019 | ||
| 37 | 37
order
Minute Entry 1 - Terminate Hearings
Thu 04/04 9:53 AM
ELECTRONIC MINUTE ENTRY: The Pretrial Conference currently set for 4/9/2019 is CANCELLED and continued without date. Signed by Magistrate Judge Joseph H L Perez-Montes on 4/4/2019. (crt,Tice, Y) |
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| Thursday, March 28, 2019 | ||
| 36 | 36
order
Minute Entry ~Util - Set Hearings
Thu 03/28 11:49 AM
ELECTRONIC MINUTE ENTRY: The Pretrial Conference is RESET for 4/9/2019 at 11:00 AM in Alexandria, Federal Building, 3rd floor Courthouse, before Magistrate Judge Joseph H L Perez-Montes. Signed by Magistrate Judge Joseph H L Perez-Montes on 3/28/2019. (crt,Tice, Y) |
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| 35 | 35
order
Minute Entry/Order Reassigning Case
Thu 03/28 9:53 AM
ELECTRONIC MINUTE ENTRY issued by the Clerk. In accordance with Standing Order 1.62, this matter is hereby reassigned. Case reassigned to Unassigned District Judge. Judge Dee D Drell no longer assigned to case. All future filings should bear the name of the new judge assignment.(crt,Whidden, C) |
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utility
Motions Transferred
Thu 03/28 9:53 AM
Motions Transferred regarding15 MOTION for Summary Judgment. Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Whidden, C) |
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| Wednesday, March 27, 2019 | ||
| 34 | 34
1
pgs
order
Order of Recusal
Wed 03/27 11:26 AM
ORDER OF RECUSAL. Referred to Chief Judge for reassignment. Signed by Judge Dee D Drell on 3/27/2019. (crt,Crick, S) |
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| Monday, January 14, 2019 | ||
| 33 | 33
minutes
Telephone Conference
Tue 01/15 11:48 AM
MINUTES for proceedings held before Magistrate Judge Joseph H L Perez-Montes: TELEPHONE CONFERENCE held on 1/14/2019. (crt,Tice, Y) |
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| Wednesday, December 12, 2018 | ||
| 32 | 32
order
Minute Entry ~Util - Set Hearings
Wed 12/12 5:02 PM
ELECTRONIC MINUTE ENTRY: The Telephone Conference is RESET for 1/14/2019 at 1:30 PM before Magistrate Judge Joseph H L Perez-Montes. Counsel for the Plaintiff shall initiate a conference call to include all counsel of record and all pro se parties, and shall then call the chambers of Magistrate Judge Perez-Montes at (318) 473-7510. Only attorneys enrolled as counsel of record may participate in the conference. Signed by Magistrate Judge Joseph H L Perez-Montes on 12/12/2018. (crt,Tice, Y) |
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| Friday, November 30, 2018 | ||
| 31 | 31
order
Order on Motion for Miscellaneous Relief
Fri 11/30 11:52 AM
ELECTRONIC ORDER granting30 Motion to Stay Deadlines. The deadlines set forth in Doc. 13 are hereby STAYED pending a ruling on the Motion for Summary Judgment (Doc. 15). If the Motion for Summary Judgment is denied, within 15 days of that ruling, the parties will file a joint revised plan of work for consideration by the undersigned. Signed by Magistrate Judge Joseph H L Perez-Montes on 11/30/2018. (jud,Perez-Montes, Joseph) |
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| Thursday, November 29, 2018 | ||
| 30 | 30
motion
Miscellaneous Relief
Thu 11/29 9:17 AM
Unopposed MOTION to Modify Scheduling Order re13 Plan of Work by Outback Steakhouse of Florida L L C, Bloomin Brands Inc. Motions referred to Joseph H L Perez-Montes.(aty,Nodier, Matthew) Modified on 11/29/2018 to create docket entry relationship and add filer. (Crick, S) |
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Att: 1
Memorandum / Brief,
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Att: 2
Proposed order
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| Friday, October 26, 2018 | ||
| 29 | 29
order
Minute Entry ~Util - Set Hearings
Fri 10/26 8:38 AM
ELECTRONIC MINUTE ENTRY: A Telephone Status Conference is set for 12/14/2018 03:00 PM before Magistrate Judge Joseph H L Perez-Montes. Counsel for the Plaintiff shall initiate a conference call to include all counsel of record and all pro se parties, and shall then call the chambers of Magistrate Judge Perez-Montes at (318) 473-7510. Only attorneys enrolled as counsel of record may participate in the conference. Signed by Magistrate Judge Joseph H L Perez-Montes on 10/26/2018. (crt,Roaix, G) |
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| Monday, August 27, 2018 | ||
| 28 | 28
respm
Reply to Response to Motion
Mon 08/27 11:05 PM
REPLY to Response to Motion re15 MOTION for Summary Judgment filed by Outback Steakhouse of Florida L L C.(aty,Nodier, Matthew) |
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Att: 1
Exhibit Deposition of Gladys Thomason,
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Att: 2
Exhibit Deposition of C.G. Thomason,
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Att: 3
Exhibit Deposition of Ryan Welch
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| Tuesday, August 21, 2018 | ||
| 27 | 27
23
pgs
respm
Memorandum in Opposition to Motion
Tue 08/21 9:28 AM
MEMORANDUM in Opposition re15 MOTION for Summary Judgment filed by Gladys Thomason.(aty,Ledet, Eugene) Modified on 8/21/2018 to modify docket text. (Crick, S) |
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Att: 1
Statement of material facts,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F
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| Friday, August 17, 2018 | ||
| 26 | 26
minutes
Telephone Conference ~Util - Set Motion and R&R Deadlines/Hearings Order on Motion for Extension (Other)
Fri 08/17 4:44 PM
MINUTES for proceedings held before Magistrate Judge Joseph H L Perez-Montes: TELEPHONE CONFERENCE held on 8/17/2018 granting 25 Motion for Extension. Plaintiff's deadline to submit Memorandum in Opposition to Defendant's MSJ is 08/21/2018. (Court Reporter: LCR, Alexandria - 3rd Floor) (crt,Tice, Y) |
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| 25 | 25
motion
Extension (Other)
Fri 08/17 4:40 PM
Plaintiff's Oral MOTION FOR ONE DAY EXTENSION to file Memorandum in Opposition to Defendant's Motion for Summary Judgment. Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Tice, Y) |
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| 24 | 24
order
Minute Entry
Fri 08/17 1:15 PM
ELECTRONIC MINUTE ENTRY: For the telephone conference on 8/17/2018, each party is to call our AT&T conference number at 877-336-1829. When you are prompted for an access code, enter 2670431. You will be placed on hold and will not hear anything except silence. However, the Clerk will join the call shortly thereafter. Signed by Magistrate Judge Joseph H L Perez-Montes on 8/17/2018. (crt,Tice, Y) |
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| Thursday, August 16, 2018 | ||
| 23 | 23
order
Minute Entry ~Util - Set Hearings
Thu 08/16 11:10 AM
ELECTRONIC MINUTE ENTRY: A Telephone Conference is set for 8/17/2018 at 1:30 PM, by phone, before Magistrate Judge Joseph H L Perez-Montes. Signed by Magistrate Judge Joseph H L Perez-Montes on 8/16/2018. (crt,Tice, Y) |
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| Tuesday, July 17, 2018 | ||
| 22 | 22
minutes
Telephone Conference Order on Motion to Quash
Mon 07/23 4:17 PM
MINUTES for proceedings held before Magistrate Judge Joseph H L Perez-Montes: TELEPHONE CONFERENCE held on 7/17/2018 granting in part and denying in part 21 Motion to Quash. (Court Reporter: LCR, Alexandria - 3rd Floor) (crt,Tice, Y) |
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| 21 | 21
motion
Quash
Mon 07/23 4:15 PM
DEFENDANTS' ORAL MOTION for Partial Quashal. Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Tice, Y) |
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| Monday, July 09, 2018 | ||
| 20 | 20
order
Minute Entry ~Util - Set Hearings
Mon 07/09 10:39 AM
ELECTRONIC MINUTE ENTRY: A Status Conference is set for 7/17/2018 at 8:30 AM before Magistrate Judge Joseph H L Perez-Montes. Each party is to call our AT&T conference number at 877-336-1829. When you are prompted for an access code, enter 2670431. You will be placed on hold and will not hear anything except silence. However, the Clerk will join the call shortly thereafter. Signed by Magistrate Judge Joseph H L Perez-Montes on 7/9/2018. (crt,Tice, Y) |
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| Tuesday, May 29, 2018 | ||
| 19 | 19
minutes
Telephone Conference ~Util - Set Motion and R&R Deadlines/Hearings Order on Motion for Extension (Other)
Thu 06/07 9:09 AM
MINUTES for proceedings held before Magistrate Judge Joseph H L Perez-Montes: TELEPHONE CONFERENCE held on 5/29/2018 granting 18 Motion for Extension. Set Deadlines Hearing as to 18 MOTION FOR EXTENSION of For response to Defendant's Motion for Summary Judgment with opposition. Plaintiff's Response due by 7/30/2018. Plaintiff's Memorandum in opposition to Defendant's MSJ is 8/20/2018. Defendant's Reply is due by 8/27/2018. (Court Reporter: LCR, Alexandria - 3rd Floor) (crt,Tice, Y) |
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| 18 | 18
motion
Extension (Other)
Thu 06/07 8:59 AM
ORAL MOTION FOR EXTENSION For Response to Defendant's Motion for Summary Judgment with opposition by Gladys Thomason. Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Tice, Y) |
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| Friday, May 25, 2018 | ||
| 17 | 17
order
Minute Entry ~Util - Set Hearings
Fri 05/25 3:39 PM
ELECTRONIC MINUTE ENTRY: A Telephone Conference is set for 5/29/2018 at 1:30 PM before Magistrate Judge Joseph H L Perez-Montes. Each party is to call our AT&T conference number at 877-336-1829. When you are prompted for an access code, enter 2670431. You will be placed on hold and will not hear anything except silence. However, the Clerk will join the call shortly thereafter. Signed by Magistrate Judge Joseph H L Perez-Montes on 5/25/2018. (crt,Tice, Y) |
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| Monday, May 14, 2018 | ||
| 16 | 16
notice
Notice of Motion Setting
Mon 05/14 5:04 PM
NOTICE of Motion Setting without oral argument regarding:15 MOTION for Summary Judgment . Motions referred to Judge Dee D Drell. Motion day set for 6/15/2018 before Judge Dee D Drell. (crt,Crick, S) |
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| 15 | 15
motion
Summary Judgment
Mon 05/14 11:27 AM
MOTION for Summary Judgment by Bloomin Brands Inc, Outback Steakhouse of Florida L L C.(aty,Nodier, Matthew) |
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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
Exhibit B,
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Att: 5
Statement of material facts
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| Wednesday, February 14, 2018 | ||
| 14 | 14
order
Case Management Order - Judge Drell
Wed 02/14 3:16 PM
CASE MANAGEMENT ORDER NO 2 - for cases assigned to Judge Dee D Drell sent to counsel of record. Signed by Judge Dee D Drell on 2/14/2018. (crt,Tice, Y) |
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| 13 | 13
order
Plan of Work
Wed 02/14 3:16 PM
PLAN OF WORK filed by All Parties. Discovery deadline 12/10/2018. Dispositive Motions due by 2/1/2019. Joinder of Parties due by 10/8/2018. Amended Pleadings due by 10/8/2018. Final Date for Expert Employment 10/8/2018. Exchange of Expert Reports due by 11/1/2018. Expert Depositions due by 12/10/2018. Initial Disclosures exchanged by 2/4/2018. Signed by Magistrate Judge Joseph H L Perez-Montes on 2/14/2018. (crt,Tice, Y) |
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| 12 | 12
1
pgs
order
Order on Proposed Plan of Work
Wed 02/14 3:12 PM
ORDER granting9 Proposed Plan of Work. Pretrial Conference is set for 4/18/2019 at 3:00 PM, in Chambers, before Judge Dee D Drell. Signed by Magistrate Judge Joseph H L Perez-Montes on 2/14/2018. (crt,Tice, Y) |
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| 11 | 11
minutes
Status Conference
Wed 02/14 2:28 PM
MINUTES for proceedings held before Magistrate Judge Joseph H L Perez-Montes: STATUS CONFERENCE held on 2/14/2018. (Court Reporter: LCR, Alexandria - 3rd Floor) (crt,Tice, Y) |
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| Tuesday, January 30, 2018 | ||
| 10 | 10
order
Minute Entry ~Util - Set Hearings
Tue 01/30 12:58 PM
ELECTRONIC MINUTE ENTRY: A Status Conference is set for 2/14/2018 at 1:30 PM in Alexandria, 3rd floor before Magistrate Judge Joseph H L Perez-Montes. Counsel shall be prepared to discuss the proposed Plan of Work, pretrial procedures, anticipated discovery issues, dispositive motions, and settlement prospects. Counsel shall arrive ten minutes before the status conference to meet with the Courtroom Deputy. Signed by Magistrate Judge Joseph H L Perez-Montes on 1/30/2018. (crt,Tice, Y) |
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| Monday, January 08, 2018 | ||
| 9 | 9
motion
Proposed Plan of Work
Mon 01/08 1:09 PM
PROPOSED Plan of Work by Gladys Thomason, Outback Steakhouse of Florida L L C, Bloomin Brands Inc. Motions referred to Magistrate Judge Joseph H L Perez-Montes.(aty,Ledet, Eugene) Modified on 1/8/2018 to add filers.(Crick, S) |
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Att: 1
Proposed order
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| Tuesday, November 28, 2017 | ||
| 8 | 8
1
pgs
order
Order on Motion to Withdraw as Attorney
Wed 11/29 11:16 AM
ORDER granting6 Motion to Withdraw as Attorney. Attorney Managan Lee McKay (Managan Johnson) terminated. Signed by Magistrate Judge Joseph H L Perez-Montes on 11/28/2017. (crt,Crick, S) |
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| Monday, November 27, 2017 | ||
| 7 | 7
misc
Corporate Disclosure Statement
Mon 11/27 3:05 PM
CORPORATE DISCLOSURE STATEMENT by Bloomin Brands Inc, Outback Steakhouse of Florida L L C. (aty,Nodier, Matthew) |
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| 6 | 6
motion
Withdraw as Attorney
Mon 11/27 3:00 PM
MOTION to Withdraw Managan Johnson as Attorney by Bloomin Brands Inc, Outback Steakhouse of Florida L L C. Motions referred to Magistrate Judge Joseph H L Perez-Montes.(aty,Nodier, Matthew) |
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Att: 1
Proposed order
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| 5 | 5
order
Removal Order
Mon 11/27 1:41 PM
REMOVAL ORDER forwarded to all counsel of record. Signed by Magistrate Judge Joseph H L Perez-Montes on 11/27/2017. (crt,Tice, Y) |
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| 4 | 4
order
Case Management Order - Judge Drell ~Util - Set Deadlines
Mon 11/27 11:11 AM
CASE MANAGEMENT ORDER No. 1 for cases assigned to Judge Dee D Drell sent to counsel of record. (Plan of Work - Compliance Deadline set for 1/21/2018.)(crt,Roaix, G) |
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| 3 | 3
order
Jurisdictional Review Finding
Mon 11/27 10:58 AM
ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1332. This finding is preliminary in nature, and may be reconsidered sua sponte or upon appropriate motion. Signed by Magistrate Judge Joseph H L Perez-Montes on 11/27/2017. (jud,Perez-Montes, Joseph) |
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| Wednesday, November 22, 2017 | ||
| 2 | 2
misc
Proposed Order (Court User Only/Public Entry No NEF)
Wed 11/22 3:05 PM
PROPOSED REMOVAL ORDER referred to Magistrate Judge Joseph H L Perez-Montes. (Public entry, but no electronic notice). (crt,Putch, A) |
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| 1 | 1
cmp
Notice of Removal
Wed 11/22 9:24 AM
NOTICE of Removal from 9th JDC Rapides Parish, Case Number 259,208 (Filing fee $400, receipt number 0536-3521815) filed by Bloomin' Brands, Inc., Outback Steakhouse of Florida, LLC.(Attorney Matthew C Nodier added to party Bloomin' Brands Inc, Outback Steakhouse of Florida L L C(pty:dft))(aty,Nodier, Matthew) Modified on 11/22/2017 (Putch, A) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E
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utility
Case Assigned/Reassigned
Wed 11/22 2:58 PM
CASE Assigned to Judge Dee D Drell and Magistrate Judge Joseph H L Perez-Montes. (crt,Putch, A) |
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answer
Answer to Complaint
Wed 11/22 3:02 PM
ANSWER to Complaint with Jury Demand by Bloomin Brands Inc, Outback Steakhouse of Florida L L C filed in Case #259,208, 9th JDC, Rapides Parish. ADMINISTRATIVE ENTRY as pleading filed within pdf of attachment to1 Notice of Removal.(crt,Putch, A) |
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