Caceres v. Preload L L C (2:21-cv-03834), Louisiana Western District Court

Caceres v. Preload L L C

Louisiana Western District Court
Judge:	James D Cain, Jr
Referred:	Kathleen Kay
Case #:	2:21-cv-03834
Nature of Suit	360 Torts - Personal Injury - Other Personal Injury
Cause	28:1332 Diversity-Personal Injury

Case Filed:	Nov 01, 2021
Terminated:	Apr 24, 2023
Case in other court:	14th Judicial District Court, 21-04001

Last checked: Saturday Apr 30, 2022 4:55 AM CDT

Defendant Preload L L C	Represented By Ben L Mayeaux Neuner Pate contact info Kevin P Merchant Neuner Pate contact info
Plaintiff Edilberto Caceres	Represented By Catherine Barrett Rice Broussard & Williamson contact info Steven Broussard Broussard & Williamson contact info Rachel K Couvillion Broussard & Williamson contact info Aaron James Broussard Broussard & Williamson contact info Jason Ryan Bell Broussard & Williamson contact info Michael J Williamson Broussard & Williamson contact info

Docket last updated: 04/29/2024 11:59 PM CDT

Monday, December 11, 2023
33		33 appeal USCA Judgment Tue 12/12 1:24 PM USCA JUDGMENT/MANDATE (certified copy) as to32 Notice of Appeal, filed by Edilberto Caceres that the judgment of the District Court is AFFIRMED. (USCA 23-30354 IT IS FURTHER ORDERED that Appellant pay to Appellee the costs on appeal to be taxed by the Clerk of this Court. (crt,WalkerSld, B) Related: [-]
Tuesday, June 13, 2023
		appeal Appeal Record Certified to USCA Tue 06/13 2:00 PM ELECTRONICALLY CERTIFIED Record on Appeal to US Court of Appeals re32 Notice of Appeal, is now available to Appellate Counsel via the 5th Circuit Court of Appeals website. See Instructions for Access and Use of the Electronic Record Download Feature of CM/ECF by clicking[LINK:here] . (USCA 23-30354 If you do not have access to the Electronic Download Feature of CM/ECF, please submit your request for the certified record on appeal to the District Court. (crt,WalkerSld, B) Related: [-]
Thursday, June 01, 2023
		appeal USCA Case Number Thu 06/01 11:47 AM USCA Case Number 23-30354 for32 Notice of Appeal, filed by Edilberto Caceres. (crt,WalkerSld, B) Related: [-]
		appeal ~Util - Set/Reset Appeal Deadlines Thu 06/01 11:50 AM Set Deadline for Clerk re32 Notice of Appeal: Certify Appeal Record 23-30354 by Clerk to COA 6/16/2023. (crt,WalkerSld, B) Related: [-]
Monday, May 22, 2023
32		32 appeal Notice of Appeal Mon 05/22 2:01 PM NOTICE OF APPEAL as to30 Memorandum Ruling,31 Order on Motion for Partial Summary Judgment,, Order on Motion for Hearing,, Order on Motion for Summary Judgment, by Edilberto Caceres. (Filing fee $505, receipt number ALAWDC-5566388)(aty,Khouri, Jennifer) Related: [-]
		Att: 1 Exhibit Judgment,
		Att: 2 Exhibit Memorandum Ruling
Monday, April 24, 2023
31		31 1 pgs order Order on Motion for Partial Summary Judgment Order on Motion for Hearing Order on Motion for Summary Judgment Mon 04/24 11:29 AM JUDGMENT in accordance with the30 Memorandum Ruling, IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiffs Motion for Partial Summary Judgment with Request for Oral Argument (Doc. 22) be DENIED and Defendant Preload, LLCs Cross-Motion for Summary Judgment (Doc. 24) be GRANTED. IT IS FURTHER ORDERED that all remaining claims in this matter be DISMISSED WITH PREJUDICE. Signed by Judge James D Cain, Jr on 4/24/2023. (crt,Stewart, T) Related: [-]
30		30 10 pgs order Memorandum Ruling Mon 04/24 11:26 AM MEMORANDUM RULING re22 MOTION for Partial Summary Judgment, MOTION for Oral Argument filed by Edilberto Caceres,24 CROSS MOTION for Summary Judgment filed by Preload L L C. Signed by Judge James D Cain, Jr on 4/24/2023. (crt,Stewart, T) Related: [-]
Friday, March 24, 2023
29		29 respm Reply to Response to Motion Fri 03/24 2:11 PM REPLY to Response to Motion re24 CROSS MOTION for Summary Judgment filed by Preload L L C. (aty,Mayeaux, Ben) Related: [-]
Monday, March 20, 2023
28		28 27 pgs respm Memorandum in Opposition to Motion Mon 03/20 3:11 PM MEMORANDUM in Opposition re24 CROSS MOTION for Summary Judgment filed by Edilberto Caceres.(aty,Khouri, Jennifer) Related: [-]
		Att: 1 Statement of material facts,
		Att: 2 Exhibit David Jeter Deposition,
		Att: 3 Exhibit Raymond Harvey Deposition,
		Att: 4 Exhibit Corporate Deposition Transcript,
		Att: 5 Exhibit Chris Herrington Original Report and Affidavit,
		Att: 6 Exhibit Dr. Tu Original Report and Affidavit,
		Att: 7 Exhibit Jaime Pena Deposition,
		Att: 8 Exhibit Jamal Harvey Deposition,
		Att: 9 Exhibit Jeffrey Neblett Deposition,
		Att: 10 Exhibit Jose Alvarez Deposition,
		Att: 11 Exhibit Chris Herrington Jan 16 Affidavit,
		Att: 12 Exhibit Affidavit of Dr. Jeui-Feng Tu,
		Att: 13 Exhibit Ruling (filed 2-17-22 by Court),
		Att: 14 Exhibit Memorandum Ruling
Wednesday, March 08, 2023
27		27 respm Reply to Response to Motion Wed 03/08 1:45 PM REPLY to Response to Motion re22 MOTION for Partial Summary Judgment, MOTION for Oral Argument filed by Edilberto Caceres. (aty,Khouri, Jennifer) Related: [-]
Wednesday, March 01, 2023
26		26 9 pgs respm Memorandum in Opposition to Motion Wed 03/01 11:08 AM MEMORANDUM in Opposition re22 MOTION for Partial Summary Judgment, MOTION for Oral Argument filed by Preload L L C.(aty,Mayeaux, Ben) Related: [-]
		Att: 1 Defendant's Response to Plaintiff's Statement of Uncontested Facts
Tuesday, February 28, 2023
25		25 notice Notice of Motion Setting Tue 02/28 1:25 PM NOTICE of Motion Setting without oral argument regarding:24 CROSS MOTION for Summary Judgment . Motion day set for 4/26/2023 before Judge James D Cain Jr. (crt,Thomas, T) Related: [-]
24		24 motion Summary Judgment Tue 02/28 11:45 AM CROSS MOTION for Summary Judgment by Preload L L C.(aty,Mayeaux, Ben) Modified on 2/28/2023 (Thomas, T) Related: [-]
		Att: 1 Memorandum in Support of Defendant's Cross-Motion for Summary Judgment,
		Att: 2 Statement of Uncontested Facts,
		Att: 3 Exhibit A - Memorandum Ruling,
		Att: 4 Exhibit B - Deposition of David Jeter,
		Att: 5 Exhibit C - Deposition of Raymond Harvey,
		Att: 6 Exhibit D - Deposition of Jeffery Wayne Neblett,
		Att: 7 Exhibit E - Deposition of Blake Peters,
		Att: 8 Exhibit F - Deposition of Jamal Harvey,
		Att: 9 Exhibit G - Deposition of Jaime Pena,
		Att: 10 Exhibit H - Deposition of Jose Luis Alavarez Alcala
Friday, February 17, 2023
23		23 notice Notice of Motion Setting Fri 02/17 12:10 PM NOTICE of Motion Setting without oral argument regarding:22 MOTION for Partial Summary Judgment, MOTION for Oral Argument. Motions referred to Judge James D Cain, Jr. Motion day set for 3/29/2023 before Judge James D Cain Jr. (crt,Miletello, A) Related: [-]
Thursday, February 16, 2023
22		22 motion Partial Summary Judgment Thu 02/16 1:54 PM MOTION for Partial Summary Judgment by Edilberto Caceres.(aty,Khouri, Jennifer) Related: [-]
		Att: 1 Memorandum / Brief In Support of Motion for Partial Summary Judgment,
		Att: 2 Statement of material facts Statement of Uncontested Facts in Support of Motion for Partial Summary Judgment,
		Att: 3 Exhibit David Jeter Deposition,
		Att: 4 Exhibit Raymond Harvey Deposition,
		Att: 5 Exhibit Corporate Deposition Transcript,
		Att: 6 Exhibit Chris Herrington Original Report and Affidavit,
		Att: 7 Exhibit Dr. Tu Original Report and Affidavit,
		Att: 8 Exhibit Jaime Pena Deposition,
		Att: 9 Exhibit Jamal Harvey Deposition,
		Att: 10 Exhibit Jeffery Neblett Deposition,
		Att: 11 Exhibit Jose Alvarez Deposition,
		Att: 12 Exhibit Chris Herrington Jan 16 Affidavit,
		Att: 13 Exhibit Affidavit of Dr. Jeui-Feng Tu,
		Att: 14 Exhibit Ruling (filed 2.17.22 by Court),
		Att: 15 Exhibit Harvey Order and Reasons
Thursday, July 07, 2022
21		21 order Scheduling Order - Cain/Kay Thu 07/07 10:21 AM ELECTRONIC SCHEDULING ORDER Governing Pretrial Procedure: Jury Trial set for 7/17/2023 09:00 AM in Lake Charles, Courtroom 4 before Judge James D Cain Jr. Pretrial Conference set for 6/28/2023 10:00 AM in chambers before Judge James D Cain Jr. Magistrate Judge Status Conference set for 4/25/2023 01:30 PM in by phone before Magistrate Judge Kathleen Kay. Plaintiffs Expert Info/Reports due by 3/20/2023. Defendants Expert Info/Reports due by 4/3/2023. Amended Pleadings due by 3/20/2023. Dispositive Motions due by 4/18/2023. Daubert Motions due by 5/18/2023. Motions in Limine due by 5/18/2023. Compel discovery 5/18/2023. Deadline for filing motion for protective order is 6/20/2023. Pretrial statements due by 6/20/2023. Jury Charges/Verdict Form due by 7/3/2023. Electronic Exhibits due by 7/10/2023. Real Time glossary due by 7/10/2023.. Signed by Magistrate Judge Kathleen Kay on 7/7/2022. (jud,Kay, Kathleen) Related: [-]
20		20 minutes Scheduling Conference Thu 07/07 10:19 AM MINUTES for proceedings held before Magistrate Judge Kathleen Kay: SCHEDULING CONFERENCE held on 7/7/2022. Participating by telephone: Catherine Barrett Rice for plaintiff and Ben L. Mayeaux for defendant. A Jury Trial is set for 7/17/2023 at 09:00 AM in Lake Charles, Courtroom 4 before Judge James D Cain Jr. A Pretrial Conference is set for 6/28/2023 at 10:00 AM in chambers before Judge James D Cain Jr. A Magistrate Judge Status Conference is set for 4/25/2023 at 01:30 PM by telephone before Magistrate Judge Kathleen Kay. Counsel are to call into Chambers Teleconference Line at 877-336-1274, Access Code 7066014, to participate in the MJSC.See separately docketed Electronic Scheduling Order and the addendum linked thereto for additional deadlines and explanations of those deadlines. (jud,Kay, Kathleen) Related: [-]
Thursday, June 09, 2022
19		19 order Order ~Util - Set Hearings Thu 06/09 10:51 AM ELECTRONIC ORDER. The time of the 7/7/2022 Scheduling Conference previously set by17 Order is CHANGED from 4:00 PM to 10:00 AM by telephone before Magistrate Judge Kathleen Kay. Counsel are to call into the Chambers Teleconference Line at 877-336-1274, Access Code 7066014. Signed by Magistrate Judge Kathleen Kay on 6/9/2022. (jud,Kay, Kathleen) Modified on 6/9/2022 to correct date of scheduling conference (Jones, P) Related: [-]
Tuesday, May 24, 2022
18		18 misc Rule 26(f) Report Tue 05/24 9:58 AM Joint RULE 26(f) Report by Edilberto Caceres, Preload L L C . (aty,David, Jennifer) Modified on 5/24/2022 to add filer (Jones, P) Related: [-]
Wednesday, March 30, 2022
17		17 1 pgs order Order Setting Scheduling Conference Wed 03/30 9:06 AM ORDER: Scheduling Conference set for 7/7/2022 at 04:00 PM by telephone before Magistrate Judge Kathleen Kay. (Attachment: #1 Attachment to scheduling conference order)(crt,Benoit, T) Related: [-]
Monday, February 14, 2022
16		16 order Order on Motion to Enroll as Counsel Mon 02/14 11:37 AM ELECTRONIC ORDER granting15 Motion to Enroll as Counsel. Added as counsel Catherine Barrett Rice for Edilberto Caceres. Signed by Magistrate Judge Kathleen Kay on 2/14/2022. (jud,Kay, Kathleen) Related: [-]
Thursday, February 10, 2022
15		15 motion Enroll as Counsel Thu 02/10 10:47 AM MOTION for Catherine Barrett Rice and Jennifer A. David to Enroll as Counsel by Edilberto Caceres. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 2/10/2022.(aty,Broussard, Aaron) Related: [-]
		Att: 1 Proposed order
Tuesday, December 28, 2021
14		14 answer Answer to Complaint Tue 12/28 9:59 AM ANSWER to Complaint by Preload L L C.(aty,Mayeaux, Ben) Related: [-]
Thursday, December 16, 2021
13		13 1 pgs order Order on Motion to Dismiss for Failure to State a Claim Thu 12/16 3:18 PM JUDGMENT denying8 Motion to Dismiss for Failure to State a Claim. Signed by Judge James D Cain, Jr on 12/16/2021. (crt,Crawford, A) Related: [-]
12		12 7 pgs order Memorandum Ruling Thu 12/16 3:12 PM MEMORANDUM RULING re8 MOTION to Dismiss For Failure to State a Claim filed by Preload L L C. Signed by Judge James D Cain, Jr on 12/16/2021. (crt,Crawford, A) Related: [-]
Tuesday, November 30, 2021
11		11 respm Reply to Response to Motion Tue 11/30 10:18 AM REPLY to Response to Motion re8 MOTION to Dismiss For Failure to State a Claim filed by Preload L L C. (aty,Mayeaux, Ben) Related: [-]
Monday, November 29, 2021
10		10 13 pgs respm Memorandum in Opposition to Motion Mon 11/29 3:16 PM MEMORANDUM in Opposition re8 MOTION to Dismiss For Failure to State a Claim filed by Edilberto Caceres. (aty,Broussard, Aaron) Modified docket text on 11/29/2021 (Miletello, A) Related: [-]
Monday, November 08, 2021
9		9 notice Notice of Motion Setting Mon 11/08 3:31 PM NOTICE of Motion Setting without oral argument regarding:8 MOTION to Dismiss For Failure to State a Claim. Motions referred to Judge James D Cain, Jr. Motion day set for 12/29/2021 before Judge James D Cain Jr. (crt,Jones, P) Related: [-]
8		8 motion Dismiss for Failure to State a Claim Mon 11/08 8:56 AM MOTION to Dismiss For Failure to State a Claim by Preload L L C.(aty,Mayeaux, Ben) Modified on 11/8/2021 to edit text (Jones, P) Related: [-]
		Att: 1 Memorandum / Brief
Thursday, November 04, 2021
7		7 misc Amended Document (NOT Motion) Thu 11/04 11:58 AM AMENDED NOTICE OF REMOVAL by Preload L L C. Amended Notice of Removal .(aty,Mayeaux, Ben) Modified on 11/4/2021 to edit text (Jones, P) Related: [-]
		Att: 1 Exhibit,
		Att: 2 Exhibit,
		Att: 3 Exhibit
6		6 misc Response to Removal Order Thu 11/04 11:53 AM RESPONSE TO REMOVAL ORDER by Preload L L C .(aty,Mayeaux, Ben) Related: [-]
		Att: 1 Exhibit
Wednesday, November 03, 2021
5		5 order Removal Order Wed 11/03 2:38 PM REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Kathleen Kay on 11/3/2021. (crt,LaCombe, L) Related: [-]
Tuesday, November 02, 2021
4		4 misc Corporate Disclosure Statement Tue 11/02 10:05 AM CORPORATE DISCLOSURE STATEMENT by Preload L L C. (aty,Mayeaux, Ben) Related: [-]
3		3 motion Proposed Order (Court User Only/Public Entry No NEF) Tue 11/02 9:31 AM PROPOSED REMOVAL ORDER Referred to Magistrate Judge Kathleen Kay. Motion Ripe Deadline set for 11/2/2021. (crt,Jones, P) Related: [-]
2		2 notice Notice of Corporate Disclosure Statement Requirement (Form Included) Tue 11/02 9:27 AM NOTICE of Corporate Disclosure Statement Requirement re:1 Notice of Removal, sent to Kevin P Merchant, Ben L Mayeaux on behalf of Preload L L C. Corporate Disclosure Statement due by 11/16/2021. (crt,Jones, P) Related: [-]
Monday, November 01, 2021
1		1 cmp Notice of Removal Mon 11/01 4:56 PM NOTICE of Removal from 14th JDC, Calcasieu Parish, Case Number 2021-4001 (Filing fee $402, receipt number ALAWDC-4879465) filed by Preload, LLC.(Attorney Ben L Mayeaux added to party Preload, LLC(pty:dft))(aty,Mayeaux, Ben) Related: [-]
		Att: 1 Civil cover sheet,
		Att: 2 Exhibit,
		Att: 3 Exhibit,
		Att: 4 Exhibit
		utility Case Assigned/Reassigned Tue 11/02 9:24 AM CASE Assigned to Judge James D Cain, Jr and Magistrate Judge Kathleen Kay. (crt,Jones, P) Related: [-]

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