LAED CM/ECF - Live https://ecf.laed.uscourts.gov/cgi-bin/DktRpt.pl?5283945088590...

CLOSED

U. S. District Court
Eastern District of Louisiana (New Orleans)
CIVIL DOCKET FOR CASE #: 2:09-cv-06523-LMA-DEK

Chisesi Brothers Meat Packing Company, Inc et al v. Date Filed: 09/25/2009

Westchester Surplus Lines Insurance Company Date Terminated: 09/24/2010
Assigned to: Judge Lance M Africk Jury Demand: None
Referred to: Magistrate Judge Daniel E. Knowles, III Nature of Suit: 110 Insurance
Case in other court: 24th JDC, Parish of Jefferson, 677-366 Jurisdiction: Diversity
"A"
Cause: 28:1332 Diversity-Insurance Contract
Plaintiff
Chisesi Brothers Meat Packing represented by Timothy S. Madden
Company, Inc King, Krebs & Jurgens, PLLC (New
Orleans)
Place St. Charles
201 St. Charles Ave.
45th Floor
New Orleans, LA 70170
504-582-3800
Email: tmadden@klb-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Monica J. Manzella
King, Krebs & Jurgens, PLLC (New
Orleans)
Place St. Charles
201 St. Charles Ave.
45th Floor
New Orleans, LA 70170
504-582-3800
Fax: 504-585-7775
Email: mwaldron@kingkrebs.com
ATTORNEY TO BE NOTICED

Plaintiff
Chisesi Meat Packing Company, LLC represented by Timothy S. Madden
(See above for address)
LEAD ATTORNEY

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ATTORNEY TO BE NOTICED

Monica J. Manzella
(See above for address)
ATTORNEY TO BE NOTICED

V.
Defendant
Westchester Surplus Lines Insurance represented by Leah Nunn Engelhardt
Company Preis & Roy, PLC (New Orleans)
Pan American Life Center
601 Poydras St.
Suite 1700
New Orleans, LA 70130
504-581-6062
Email: lne@preisroy.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ezra Lavi Finkle

Preis & Roy, PLC (New Orleans)
Pan American Life Center
601 Poydras St.
Suite 1700
New Orleans, LA 70130
504-581-6062
Email: elf@preisroy.com
ATTORNEY TO BE NOTICED

Joseph E. Lee , III

Preis & Roy, PLC (New Orleans)
Pan American Life Center
601 Poydras St.
Suite 1700
New Orleans, LA 70130
504-581-6062
Email: jel@preisroy.com
TERMINATED: 09/01/2010

L. Lane Roy
Preis & Roy, PLC (New Orleans)
Pan American Life Center
601 Poydras St.

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Suite 1700
New Orleans, LA 70130
337-237-6062
Email: llr@preisroy.com
ATTORNEY TO BE NOTICED

Michael B. North
Preis & Roy, PLC (New Orleans)
Pan American Life Center
601 Poydras St.
Suite 1700
New Orleans, LA 70130
504-581-6062
Email: MBN@preisroy.com
ATTORNEY TO BE NOTICED

Rachel Ann Meese

Lugenbuhl, Wheaton, Peck, Rankin &
Hubbard (New Orleans)
60l Poydras St.
Suite 2775
New Orleans, LA 70130
504-568-1990
Email: rmeese@preisroy.com
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

09/25/2009 1 NOTICE OF REMOVAL from 24th JDC, Parish of Jefferson, case number
677-366 "A". ( Filing fee $ 350 ) filed by Westchester Surplus Lines Insurance
Company. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, #
4 Verification)(tsf, ) (Entered: 09/28/2009)
09/28/2009 2 NOTICE OF COMPLIANCE by Westchester Surplus Lines Insurance Company
re 1 Notice of Removal. (tsf, ) (Entered: 09/28/2009)
01/28/2010 3 NOTICE: Scheduling Conference set for 2/19/2010 09:45 AM before courtroom
deputy by telephone, by Clerk.(pms, ) (Entered: 01/28/2010)
02/17/2010 4 EXPARTE/CONSENT Joint MOTION to Stay Proceedings by Chisesi Brothers
Meat Packing Company, Inc, Chisesi Meat Packing Company, LLC.
(Attachments: # 1 Proposed Order)(Madden, Timothy) (Entered: 02/17/2010)
02/19/2010 5 SCHEDULING ORDER: Final Pretrial Conference set for 10/1/2010 10:30 AM
before Judge Lance M Africk. Status Conference set for 3/26/2010 10:00 AM
before Judge Lance M Africk. Jury Trial set for 10/25/2010 08:30 AM before

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Judge Lance M Africk.. Signed by Clerk for Judge Lance M Africk. (NEF - MJ
Knowles) (Attachments: # 1 Pretrial Notice Form)(car, ) (Entered: 02/19/2010)
02/22/2010 6 ORDER denying 4 Motion to Stay. Signed by Judge Lance M Africk. (car, )
(Entered: 02/22/2010)
02/25/2010 7 ORDER - Status Conference set for 3/26/2010 10:00 AM before Judge Lance M
Africk.. Signed by Judge Lance M Africk.(car, ) (Entered: 02/25/2010)
02/26/2010 8 ANSWER to Complaint by Westchester Surplus Lines Insurance Company.
(Engelhardt, Leah) (Entered: 02/26/2010)
02/26/2010 9 Statement of Corporate Disclosure by Westchester Surplus Lines Insurance
Company identifying Corporate Parents ACE US Holdings Inc., ACE Group
Holdings Inc., ACE Limited for Westchester Surplus Lines Insurance Company
(Engelhardt, Leah) Modified on 3/1/2010 (car, ). (Entered: 02/26/2010)
03/01/2010 10 Correction of Docket Entry by Clerk re 9 Statement of Corporate Disclosure -
Filing attorney did not enter ACE Group Holdings Inc and ACE US Holdings
Inc as corporate parent(s)/affiliate at the prompt 'Search for a corporate parent or
other affiliate'. Clerk took corrective action. (car, ) (Entered: 03/01/2010)
03/18/2010 11 STATUS REPORT by Chisesi Brothers Meat Packing Company, Inc, Chisesi
Meat Packing Company, LLC (Madden, Timothy) (Entered: 03/18/2010)
03/18/2010 12 STATUS REPORT by Westchester Surplus Lines Insurance Company
(Engelhardt, Leah) (Entered: 03/18/2010)
03/18/2010 13 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by
Westchester Surplus Lines Insurance Company. (Attachments: # 1 Proposed
Order)(Engelhardt, Leah) (Entered: 03/18/2010)
03/26/2010 14 Minute Entry for proceedings held before Judge Lance M Africk: Status
Conference held on 3/26/2010. (car, ) (Entered: 03/26/2010)
03/31/2010 15 ORDER granting 13 Motion to Enroll as Counsel of Record for Attorney L.
Lane Roy for Westchester Surplus Lines Insurance Company. Signed by Judge
Lance M Africk. (car, ) (Entered: 04/01/2010)
05/27/2010 16 ***ERROR per filing atty, re-entered as doc #17***EXPARTE/CONSENT
MOTION to Substitute Attorney. Attorney Michael B. North to be substituted in
place of Joseph E. Lee, III by Westchester Surplus Lines Insurance Company.
(Attachments: # 1 Proposed Order)(Engelhardt, Leah) Modified on 6/1/2010
(car, ). (Entered: 05/27/2010)
05/28/2010 17 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by
Westchester Surplus Lines Insurance Company. (Attachments: # 1 Proposed
Order)(Engelhardt, Leah) (Entered: 05/28/2010)

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06/02/2010 18 ORDER granting 17 Motion to Enroll as Counsel of Record for Attorney

Michael B. North for Westchester Surplus Lines Insurance Company. Signed by
Judge Lance M Africk. (car, ) (Entered: 06/02/2010)
07/02/2010 20 ORDER Status Conference set for 7/9/2010 09:15 AM before Judge Lance M
Africk with respect to filing motion for summary judgment. Signed by Judge
Lance M Africk on 7/2/2010.(rll, ) (Entered: 07/02/2010)
07/09/2010 21 Minute Entry for proceedings held before Judge Lance M Africk: Status
Conference held on 7/9/2010. ORDER setting deadlines herein. (car, ) (Entered:
07/09/2010)
08/02/2010 22 EXPARTE/CONSENT MOTION to Dismiss (Partial) by Chisesi Brothers Meat
Packing Company, Inc, Chisesi Meat Packing Company, LLC. (Attachments: #
1 Proposed Order)(Madden, Timothy) (Entered: 08/02/2010)
08/06/2010 23 ORDER granting 22 Motion to Dismiss bad faith claims. Signed by Judge
Lance M Africk. (car, ) (Entered: 08/09/2010)
08/19/2010 24 ORDER: Settlement Conference set for 9/14/2010 02:30 PM before Magistrate
Judge Daniel E. Knowles III. FURTHER ORDERED that a representative of
each party with full authority be present at the settlement conference. Signed by
Magistrate Judge Daniel E. Knowles, III.(sek, ) (Entered: 08/19/2010)
08/24/2010 25 MOTION in Limine to Exclude Testimony from Sidney J. Chaisson Jr. by
Westchester Surplus Lines Insurance Company. Motion Hearing set for 9/8/2010
09:00 AM before Judge Lance M Africk. (Attachments: # 1 Memorandum in
Support, # 2 Proposed Order, # 3 Notice of Hearing, # 4 Exhibit A)(Engelhardt,
Leah) (Entered: 08/24/2010)
08/31/2010 26 RESPONSE/MEMORANDUM in Opposition filed by Chisesi Brothers Meat
Packing Company, Inc, Chisesi Meat Packing Company, LLC re 25 MOTION in
Limine to Exclude Testimony from Sidney J. Chaisson Jr.. (Attachments: # 1
Exhibit A, # 2 Exhibit B)(Madden, Timothy) (Entered: 08/31/2010)
09/01/2010 27 EXPARTE/CONSENT MOTION to Withdraw Joseph E. Lee, III as Attorney by
Westchester Surplus Lines Insurance Company. (Attachments: # 1 Proposed
Order)(Engelhardt, Leah) (Entered: 09/01/2010)
09/01/2010 28 EXPARTE/CONSENT MOTION for Extension of Deadlines by Chisesi
Brothers Meat Packing Company, Inc, Chisesi Meat Packing Company, LLC,
Westchester Surplus Lines Insurance Company. (Attachments: # 1
Memorandum in Support of Joint Motion to Extend, # 2 Proposed Order)
(Engelhardt, Leah) (Entered: 09/01/2010)
09/02/2010 29 ORDER granting 27 Motion to Withdraw as Attorney. Attorney Joseph E. Lee,
III terminated. Signed by Judge Lance M Africk on 9/1/2010. (caa, ) (Entered:
09/02/2010)

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09/02/2010 30 ORDER granting 28 Motion for Extension of Deadlines. Signed by Judge Lance
M Africk on 9/1/2010. (caa, ) (Entered: 09/02/2010)
09/03/2010 31 EXPARTE/CONSENT MOTION for Leave to File A Reply Memorandum to
Plaintiffs' Memorandum in Opposition to Defendant's Motion in Limine by
Westchester Surplus Lines Insurance Company. (Attachments: # 1
Memorandum, # 2 Proposed Order, # 3 Proposed Reply Memorandum, # 4
Proposed Exhibit A, # 5 Proposed Exhibit B)(Engelhardt, Leah) (Entered:
09/03/2010)
09/07/2010 32 ORDER granting 31 Motion for Leave to File. Signed by Judge Lance M
Africk. (car, ) (Entered: 09/07/2010)
09/07/2010 33 REPLY to Response to Motion filed by Westchester Surplus Lines Insurance
Company re 25 MOTION in Limine to Exclude Testimony from Sidney J.
Chaisson Jr.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(car, ) (Entered:
09/07/2010)
09/09/2010 34 ORDER denying dft's 25 Motion in Limine to exclude Chaisson's expert
testimony. Signed by Judge Lance M Africk on 9/9/10. (bbc, ) Modified on
9/9/2010 to edit doc type (bbc, ). (Entered: 09/09/2010)
09/13/2010 35 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Rachel A.
Meese by Westchester Surplus Lines Insurance Company. (Attachments: # 1
Proposed Order)(Engelhardt, Leah) (Entered: 09/13/2010)
09/14/2010 36 ORDER granting 35 Motion to Enroll as Counsel of Record for Attorney Rachel
Ann Meese for Westchester Surplus Lines Insurance Company. Signed by Judge
Lance M Africk on 9/13/2010. (caa, ) (Entered: 09/14/2010)
09/14/2010 37 Minute Entry for proceedings held before Magistrate Judge Daniel E. Knowles,
III: Settlement Conference held on 9/14/2010. Settlement can not be reached at
this time. Settlement negotiations will continue by telephone. (sek, ) (Entered:
09/15/2010)
09/23/2010 38 Minute Entry for proceedings held before Magistrate Judge Daniel E. Knowles,
III: Settlement Conference held on 9/23/2010. Following further discussions
among the parties, this case has settled. (sek, ) (Entered: 09/23/2010)
09/24/2010 39 ORDER re case settlement. Signed by Judge Lance M Africk.(car, ) (Entered:
09/24/2010)
09/24/2010 40 ORDER DISMISSING CASE. Signed by Judge Lance M Africk.(car, )
(Entered: 09/24/2010)

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