Venable Fabricators Inc v. Hypertherm Inc
| Louisiana Western District Court | |
| Judge: | Elizabeth E Foote |
| Referred: | Carol B Whitehurst |
| Case #: | 6:16-cv-01750 |
| Nature of Suit | 380 Torts - Personal Property - Other Personal Property Damage |
| Cause | 28:1332 Diversity-(Citizenship) |
| Case Filed: | Dec 22, 2016 |
| Terminated: | Oct 26, 2017 |
| Last checked: Tuesday Jun 20, 2017 4:33 AM CDT |
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Defendant
Hypertherm Inc
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Represented By
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Plaintiff
Kurt Venable
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Represented By
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Plaintiff
Venable Fabricators Inc
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Represented By
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Third Party Defendant
Larry Prather Chumney, II
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Third Party Defendant
L P C I I L L C
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Third Party Plaintiff
Hypertherm Inc
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Represented By
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| Docket last updated: 08/08/2023 11:59 PM CDT |
| Friday, December 29, 2017 | ||
| 34 | 34
motion
Dismiss
Fri 12/29 10:48 AM
STIPULATION of Dismissal with Prejudice by Venable Fabricators Inc, Kurt Venable, Hypertherm Inc, Larry Prather Chumney, II, L P C I I L L C. Motions referred to Magistrate Judge Carol B Whitehurst.(aty,Dozier, Gilbert) Modified on 12/29/2017 to modify docket text and add filers (Whidden, C) |
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Att: 1
Proposed order
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| Thursday, October 26, 2017 | ||
| 33 | 33
order
Judgment - Dismissal (30,60,90 day)
Fri 10/27 8:22 AM
60 DAY JUDGMENT OF DISMISSAL: IT IS ORDERED that this action is DISMISSED without costs and without prejudice to the right, upon good cause shown within sixty (60) days, to reopen the action if settlement is not consummated. Signed by Magistrate Judge Carol B Whitehurst on 10/26/2017. (crt,Chicola, C) |
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utility
Case Assigned/Reassigned
Mon 10/30 1:44 PM
CASE Reassigned to Judge Elizabeth E Foote. Unassigned District Judge no longer assigned to the case. Administrative entry due to judgment of dismissal and for statistical purposes. (crt,Whidden, C) |
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| Tuesday, October 10, 2017 | ||
| 32 | 32
notice
Notice of Motion Setting
Tue 10/10 10:10 AM
NOTICE of Motion Setting with oral argument regarding:29 MOTION to Dismiss For Failure to State a Claim24 Third Party Complaint against Larry Prather Chumney II, Individually. Motions referred to Magistrate Judge Carol B Whitehurst. Motion day set for 12/20/2017 10:00 AM in Lafayette, Courtroom 6 before Magistrate Judge Carol B Whitehurst. (crt,Crick, S) |
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| Monday, October 09, 2017 | ||
| 31 | 31
misc
Corporate Disclosure Statement
Mon 10/09 12:23 PM
CORPORATE DISCLOSURE STATEMENT by L P C I I L L C. (aty,Craig, Rufus) |
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| 30 | 30
answer
Answer to Third Party Complaint
Mon 10/09 12:12 PM
ANSWER to24 Third Party Complaint by L P C I I L L C.(Attorney Rufus Holt Craig, Jr added to party L P C I I L L C(pty:3pd))(aty,Craig, Rufus) |
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| 29 | 29
motion
Dismiss for Failure to State a Claim
Mon 10/09 12:09 PM
MOTION to Dismiss For Failure to State a Claim third party complaint against Larry Prather Chumney II, individually by Larry Prather Chumney, II. Motions referred to Magistrate Judge Carol B Whitehurst.(Attorney Rufus Holt Craig, Jr added to party Larry Prather Chumney, II(pty:3pd))(aty,Craig, Rufus) |
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Att: 1
Memorandum / Brief Memorandum in support,
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Att: 2
Exhibit Invoices, Correspondence, and Contract
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| Monday, October 02, 2017 | ||
| 28 | 28
order
Minute Entry/Order Reassigning Case
Thu 10/05 11:49 AM
ELECTRONIC MINUTE ENTRY issued by the Clerk. Case reassigned to Unassigned District Judge. Judge Rebecca F Doherty no longer assigned to case. All pending motions are referred to the assigned magistrate judge for processing. All deadlines and hearings remain as set pending further review by the court. All future filings should bear the name of the new judge assignment. Approved by Chief Judge Dee D Drell on 10/02/2017.(crt,Putch, A) |
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| Friday, July 14, 2017 | ||
| 27 | 27
service
Summons Returned Executed
Fri 07/14 9:51 AM
SUMMONS Returned Executed by Hypertherm Inc. Larry Prather Chumney, II served on 6/19/2017, answer due 7/10/2017. (aty,Russo, Gary) |
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| 26 | 26
service
Summons Returned Executed
Fri 07/14 9:50 AM
SUMMONS Returned Executed by Hypertherm Inc. L P C I I L L C served on 6/20/2017, answer due 7/11/2017. (aty,Russo, Gary) |
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| Tuesday, June 13, 2017 | ||
| 25 | 25
service
Summons Issued - All (Form Included)
Tue 06/13 4:01 PM
SUMMONS ISSUED as to Larry Prather Chumney, II, L P C I I L L C (crt,Crick, S) |
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| 24 | 24
cmp
Third Party Complaint
Tue 06/13 3:57 PM
THIRD PARTY COMPLAINT against Larry Prather Chumney, II, L P C I I L L C filed by Hypertherm Inc.(crt,Crick, S) |
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| 23 | 23
order
Order on Motion for Leave to File
Tue 06/13 3:41 PM
ORDER granting21 Motion for Leave to File Third Party Complaint. Signed by Judge Rebecca F Doherty on 6/13/2017. (crt,Crick, S) |
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| Monday, June 12, 2017 | ||
| 22 | 22
order
Order Allowing Rule 26 Report
Mon 06/12 9:23 AM
ORDER: Having reviewed the17 Rule 26(f) Report, it is determined to be complete. Signed by Magistrate Judge Carol B Whitehurst on 6/12/2017. (crt,Chicola, C) |
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| Friday, June 09, 2017 | ||
| 21 | 21
motion
Leave to File Document
Fri 06/09 1:22 PM
MOTION for Leave to File Third party Complaint with consent by Hypertherm Inc.(aty,Russo, Gary) |
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Att: 1
Exhibit Third Party Complaint,
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Att: 2
Proposed order
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| Thursday, June 08, 2017 | ||
| 20 | 20
notice
Notice of Deficiency
Thu 06/08 9:52 AM
NOTICE of Deficiency to Gary J Russo on behalf of Hypertherm Inc regarding19 MOTION for Leave to File Third Party Complaint with consent sought but not yet obtained . Reason: No statement of consent in motion. (crt,Crick, S) |
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| Wednesday, June 07, 2017 | ||
| 19 | 19
motion
Leave to File Document
Wed 06/07 5:33 PM
MOTION for Leave to File Third Party Complaint with consent sought but not yet obtained by Hypertherm Inc.(aty,Russo, Gary) |
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Att: 1
Proposed pleading Third Party Complaint,
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Att: 2
Proposed order
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| Friday, June 02, 2017 | ||
| 18 | 18
order
Jurisdictional Review Finding
Fri 06/02 10:17 AM
ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, and in light of Plaintiff's allegations under the Louisiana Rehibition Act, La. C.C. arts. 2531 and 2545, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1332. Signed by Magistrate Judge Carol B Whitehurst on 6/2/2017. (crt,Hays, F) |
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| Wednesday, May 31, 2017 | ||
| 17 | 17
misc
Rule 26(f) Report
Wed 05/31 2:12 PM
RULE 26(f) Report by All Plaintiffs and Defendant . (aty,Dozier, Gilbert) |
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| Thursday, May 11, 2017 | ||
| 16 | 16
answer
Answer to Amended Complaint
Thu 05/11 2:45 PM
ANSWER to4 First Amended and Restated Complaint and14 Second Amended and Restated Complaint by Hypertherm Inc.(aty,Russo, Gary) Modified on 5/11/2017 to modify docket text and remove extra event. (Crick, S) |
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| Thursday, April 20, 2017 | ||
| 15 | 15
misc
Corporate Disclosure Statement
Thu 04/20 9:14 AM
CORPORATE DISCLOSURE STATEMENT by Hypertherm Inc. (aty,Russo, Gary) |
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| Monday, April 17, 2017 | ||
| 14 | 14
cmp
Amended Complaint
Mon 04/17 3:31 PM
SECOND AMENDED AND RESTATED COMPLAINT against Hypertherm Inc filed by Venable Fabricators Inc, Kurt Venable.(crt,Chicola, C) |
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| 13 | 13
order
Order on Motion to Amend/Correct
Mon 04/17 3:27 PM
ORDER granting12 Motion for Leave to File Second Amended and Restated Complaint. Signed by Magistrate Judge Carol B Whitehurst on 4/17/2017. (crt,Chicola, C) |
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| Thursday, April 13, 2017 | ||
| 12 | 12
motion
Amend/Correct
Thu 04/13 1:06 PM
MOTION for Leave to File Second Amended and Restated Complaint re:1 Complaint with consent sought but not yet obtained by Kurt Venable, Venable Fabricators Inc. Motions referred to Carol B Whitehurst.(aty,Dozier, Gilbert) Modified on 4/13/2017 to modify docket text and modify docket entry relationship.(Crick, S) |
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Att: 1
Proposed order,
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Att: 2
Memorandum / Brief,
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Att: 3
Proposed pleading
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| Wednesday, April 12, 2017 | ||
| 11 | 11
order
Scheduling Order - Doherty
Wed 04/12 11:30 AM
SCHEDULING ORDER: Bench Trial set for 6/4/2018 09:30 AM in Lafayette, Courtroom 2 before Judge Rebecca F Doherty. Pretrial Conference set for 5/23/2018 03:30 PM in Chambers before Judge Rebecca F Doherty. Initial Disclosures exchanged by 5/3/2017. Rule 26 Conference between parties to take place before 5/17/2017. Rule 26 Report due by 5/31/2017. Joinder of Parties and Amendment of Pleadings due by 6/7/2017. Discovery deadline 10/10/2017. Rule 26 Report - PHASE II due by 11/16/2017. Plaintiffs Expert Info/Reports due by 11/16/2017. Defendants Expert Info/Reports due by 12/26/2017. Expert Depositions due by 2/12/2018. Dispositive Motions due by 2/22/2018. Affirmation of Settlement Negotiations due 4/25/2018. Motions in Limine due by 4/25/2018. Conference/Meeting of counsel to prepare pretrial order to be held by 5/11/2018. Pretrial Order due by 5/14/2018. Signed by direction of the Court s/Christine Guidry on 4/12/2017. (crt,Guidry, C) |
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| Thursday, April 06, 2017 | ||
| 10 | 10
notice
Notice of Deficiency
Thu 04/06 4:47 PM
NOTICE of Deficiency to Gilbert H Dozier on behalf of Kurt Venable, Venable Fabricators Inc regarding8 Amended Complaint. Reason: Leave of court is required for the filing of this pleading. (crt,Crick, S) |
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| 9 | 9
notice
Notice of Corporate Disclosure Statement Requirement (Form Included)
Thu 04/06 4:31 PM
NOTICE of Corporate Disclosure Statement Requirement re:7 Answer to Complaint sent to Gary J Russo on behalf of Hypertherm Inc. Corporate Disclosure Statement due by 4/20/2017. (crt,Crick, S) |
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| 8 | 8
cmp
Amended Complaint
Thu 04/06 3:32 PM
DEFICIENT ? SECOND Amended and Restated Complaint against Hypertherm Inc re1 Complaint filed by Venable Fabricators Inc, Kurt Venable.(aty,Dozier, Gilbert) Modified on 4/6/2017 to modify docket text, create docket entry relationship and indicate deficient status. (Crick, S) |
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| 7 | 7
answer
Answer to Complaint
Thu 04/06 3:21 PM
ANSWER to1 Complaint, by Hypertherm Inc.(Attorney Gary J Russo added to party Hypertherm Inc(pty:dft))(aty,Russo, Gary) |
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| Wednesday, January 04, 2017 | ||
| 6 | 6
service
Summons Returned Executed
Wed 01/04 11:13 AM
SUMMONS Returned Executed by Venable Fabricators Inc, Kurt Venable. Hypertherm Inc served on 1/3/2017, answer due 1/24/2017. (aty,Dozier, Gilbert) |
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| Monday, January 02, 2017 | ||
| 5 | 5
misc
Corporate Disclosure Statement
Mon 01/02 2:16 PM
CORPORATE DISCLOSURE STATEMENT by Venable Fabricators Inc. (aty,Dozier, Gilbert) |
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| 4 | 4
cmp
Amended Complaint
Mon 01/02 11:50 AM
AMENDED COMPLAINT against Hypertherm Inc filed by Venable Fabricators Inc, Kurt Venable.(Attorney Gilbert H Dozier added to party Kurt Venable(pty:pla))(aty,Dozier, Gilbert) |
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service
Request for Issuance of Summons
Mon 01/02 4:50 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Hypertherm Inc, requested by Venable Fabricators Inc, Kurt Venable. (aty,Dozier, Gilbert) |
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| Friday, December 23, 2016 | ||
| 3 | 3
notice
Notice of Corporate Disclosure Statement Requirement (Form Included)
Fri 12/23 11:16 AM
NOTICE of Corporate Disclosure Statement Requirement re:1 Complaint, sent to Gilbert H Dozier on behalf of Venable Fabricators Inc. Corporate Disclosure Statement due by 1/6/2017. (crt,Crick, S) |
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| 2 | 2
service
Summons Issued - All (Form Included)
Fri 12/23 11:14 AM
SUMMONS ISSUED as to Hypertherm Inc (crt,Crick, S) |
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| Thursday, December 22, 2016 | ||
| 1 | 1
cmp
Complaint
Thu 12/22 2:34 PM
COMPLAINT against HYPERTHERM, INC. (Filing fee $400, receipt number 0536-3248872) filed by VENABLE FABRICATORS, INC..(Attorney Gilbert H Dozier added to party VENABLE FABRICATORS, INC.(pty:selreq))(aty,Dozier, Gilbert) |
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Att: 1
Civil cover sheet
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utility
Case Assigned/Reassigned
Fri 12/23 11:12 AM
CASE Assigned to Judge Rebecca F Doherty and Magistrate Judge Carol B Whitehurst. (crt,Crick, S) |
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