| Orders |
Description |
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05/02/08[#12946]
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Ruling on United States' Motion to Dismiss
Lafarge North America Inc.s Third-Party Complaints
7730
and Motion to Dismiss, Motion for Summary Judgment in the Robinson
matter
10378 and
he Robinson Motion for Summary Judgment Adjudication Concerning
Defendant United States Second Affirmative Defense of Immunity Under
33 U.S.C. § 702 was denied as there are questions of fact
10337
finding that the United States' motions were denied in so far as the
United States is not immune for damages caused by defalcations that
are extrinsic to the Lake Pontchartrain and Vicinity Hurricane
Protection Project. The plaintiffs' motion was denied as there are
questions of material fact. |
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02/29/08[#11474] |
Order granting the Motion to Expedite (Doc.
11382); granting in part and denying in part the Motion for
Extension of Deadlines (Doc. 11381) -
Granted insofar as the deadline for the production of documents is
extended from February 29, 2008 to March 20, 2008 and the deadline for
Fact and Witness Lists is extended from March 20, 2008 to March 31,
2008. |
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02/27/08[#11439] |
Order that Liaison Counsel shall contact Judge Africk's Chambers
directly to set a conference to begin settlement discussions.
Counsel shall effect such a call no later than February 29, 2008. |
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02/22/08[#11357]
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Order and Reasons denying Mr. Ashton O'Dwyer's Motion for
Disqualification or Recusal of Judge Duval From Victims of Katrina
Litigation for Personal bias, Prejudice and Partiality (Doc.
10910) and ordering him to provide a copy of the Court's Order and
Reasons to each of his named clients and to file into the record a
sworn affidavit certifying that he has complied with this order. |
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02/04/08[#11099] |
Notice from the United States Court of Appeals for the Fifth Circuit
granting leave to appeal this Court’s decision of November 14, 2007
denying remand of the Road Home suit based on the provisions of the
MMTJA (See Doc. 8319 and entry for 11/14/07). The appeal was granted
under 28 U.S.C. § 1453 and established an expedited briefing schedule
with a deadline of April 4, 2008 under the statute for the 5th
Circuit to rendered its opinion. (Doc. 11099) |
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01/30/08 [#10984] |
Order and Reasons denying in part and granting in part the United
States’ Motion to Dismiss Counts I-II and V-VII of the Superseding
Master Consolidated Class Action Complaint and to Strike the Remaining
Counts (Doc. 6380) finding that the United States Corps of Engineers
is immune from suit for the damages caused by the breaches of the
floodwalls at the 17th Street, Orleans Avenue and London
Avenue canals based on the immunity granted by § 702c of the Flood
Control Act of 1928. The allegations concerning the Industrial Canal
are to be lodged in the Master Complaint concerning MRGO. |
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01/23/08[#10837] |
Minutes from Court proceedings wherein the Court denied Motions to
Dismiss filed by the Sewerage and Water Board of New Orleans
(Doc. 9910, 10037,
10039, 10041,
10043, 10115) and by the Board of
Commissioners of the East Jefferson Levee District (Doc. 10201). They
sought to dismiss the subject cases as being prescribed by virtue of
filing these suits after the prescriptive date in spite of the pendency of timely filed class actions. (Doc. 10837) . A written order
was entered on February 11, 2008. (Doc. 11153). Transcript for reasons
can be found at Doc. 11247. |
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12/27/07[#9858] |
Order and Opinion granting in part and denying in part the Public Belt
Railroad Commission for the City of New Orleans’ Motion to Dismiss the
Claims of the Plaintiffs Pursuant to F.R.C.P. Rule 12(b)(6) (Doc.
3609, 3360 and
3029) which concerned flooding. The only claim which
survived this motion concerned the Public Belt Railroad negligence in
connection with a September 10, 2004 train derailment which damaged
part of the flood protection system. (Doc. 9858) |
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12/27/07[#9856] |
Order and Opinion granting CSX Transportation, Inc.’s Motion to Dismiss
(Doc. 3621) allegations contained in the Superseding Master
Consolidated Class Action Complaint concerning flooding which
occurred due to the allegedly faulty design of a railroad crossing at
or near the Industrial Canal’s flood protection structures. |
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12/27/07[#9855] |
Order dismissing as moot A previously filed motion by CSX
Transportation, Inc. (Doc. 3099) which was superseded with the filing
of the Master Consolidated Class Action Complaint. |
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11/27/07[#9237] |
Order and Reasons denying Washington Group International, Inc.’s
Motion to Dismiss (Doc. 4140) in which it sought dismissal from the MRGO Master Consolidated Class Action Complaint in which plaintiffs
alleged that it performed certain work pursuant to a contract with the
Army Corps of engineers which caused the collapse of a flood wall
which protected the Lower Ninth Ward and St. Bernard Parish. |
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11/26/07[#9227] |
Minute Entry concerning a status conference which was held concerning
the course of action the Court should take in light of the decision
rendered by the Fourth Circuit Court of Appeal for the State of
Louisiana in Joseph Sher v. Lafayette Ins. Co., et al., 2007
CA-0757, November 19, 2007. Recognizing that it is direct conflict
with the Fifth Circuit’s decision reversing this court on certain
insurance coverage issues and that said issue is one which will
ultimately be decided by the Louisiana Supreme Court, the Court denied
the entry of final judgment on the Fifth Circuit ruling (Docs.
8051
and 9073) and denied the defendants’ Joint Motion To: (1) Modify the
Court’s May 1, 2006 Consolidation Order; and (2) Deconsolidate and/or
Sever Cases Within the Insurance Umbrella (Doc. 7759). |
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10/12/07 [#8389] |
Order and Reasons granting a Motion for Judgment on the Pleadings
(Doc. 5522) filed by the Board of Commissioners for the Port of New
Orleans to dismiss claims brought in the Levee cases on the part of
the Dock Board with respect to the levee and/or flood gate failures
along the Inner Harbor Navigation Canal. |
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11/14/07[#9314] |
Minutes from proceedings where Court orally order denied Motion to
Remand the Road Home suit which had been removed based on CAFA and the
MMTJA. The transcript is found as Doc. 9066. The written order denying
same linked here was entered on December 3, 2007. |
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08/29/07 [#7350] |
Order and Reasons granting the Untied States' Motion to Strike
Admiralty Claims [Doc. 5855] recognizing
that all claims against the United States brought by plaintiffs shall
be pursued under the Federal Tort Claim Act as the allegations of the
complaint do not support admiralty jurisdiction under the Admiralty
Extension Act. |
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07/02/07 [#6194] |
Court denied United States' motion for Certificate of Appealability [Doc.
2994] |
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06/29/07 [#6175] |
Order and Reasons Concerning Various Engineers' and Contractors'
Motions to Dismiss, including finding that the 17th Street Canal, the
Orleans Avenue Canal, and the London Avenue Canal are not navigable
waterways giving rise to admiralty jurisdiction . |
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03/15/07 [# 3408] |
Robinson Case Mangaement Order No. 1 for Robinson, et al. v. the
United States, et al., C.A. No. 06-2286. |
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03/09/07 [# 3365] |
Order and Reasons concerning Motions to Dismiss the Dredging
Defendants in Reed C. A No. 06-2152 and Ackerson,
06-4066 and the United States in Reed , C.A. No. 06-2152 . |
03/01/07 [3299]
04/17/07 [#3783]
04/17/07 [#3776]
04/26/07 [#3989] 05/23/07 [#5250]
05/29/07 [#5392] 06/13/07 [#5558] |
Case Management Order No. 4 entered. See Current Developments for
explanation. Amendment #1 (Granting Doc. 3419 filed
04/15/07)
Amendment #2 (Granting Doc. 3427 filed 03/16/07)
Amendment #3 (Granting Doc. 3582 filed 03/28/07)
Amendment #4 (Granting Doc. 5148 filed 05/22/07)
Amendment #5 (Granting Doc. 5190 filed 05/23/07)
Amendment #6 (Granting Doc. 5543 filed 06/12/07) |
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02/02/07 [#2994] |
Order and Reasons denying Motion to Dismiss filed by
the United States in Robinson. |
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12/29/06 [#2423] |
Order and Reasons denying Motion to Dismiss filed by the Orleans Levee
District and the Sewerage and Water Board (Doc.
573) |
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12/29/06 [#2422] |
Order and Reasons denying Sewerage and Water Board's Motions to
Dismiss (Doc. 563) |
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12/08/06 [#2142] |
Motion for Summary Judgment for Contractors based on peremption was
granted on December 8, 2006 |
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12/08/06 [#2148] |
Motion for Summary Judgment for Engineers based on peremption was
granted on December 8, 2006 |
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10/27/06 [#1469] |
Minutes of 10/27 a.m. Oral Argument on Army Corps of Engineers
Immunity for Damages Caused by MRGO |
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10/27/06 [#1554] |
Minutes of 10/27 p.m. Oral Argument on Insurance Coverage--Water
Damage Exclusion (Chehardy, Xavier, and Humphreys) |
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09/22/06 [#1231] |
Order and Reasons - Motion to Dismiss defendant State of Louisiana (O'Dwyer,
Kirsch, Tauzin) |
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09/13/06 [#1133] |
Order and Reasons - Motion to Dismiss defendant City of new Orleans |
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08/28/06 [#1029] |
Order setting 10/27 oral argument and Opposition Deadlines |
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08/28/06 [#1027] |
Order re Vanderbrook supplemental briefing |
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08/25/06 [#1232] |
Minutes of 8/25 oral argument on Peremption Motions with Respect to
the 17th St. Canal and Vanderbrook |
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08/09/06 [#888] |
Order and Reasons - Motion to Remand re: Laurendine |
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07/19/06 [#789] |
Judgment - Motion to Dismiss re: O’Dwyer 05-4181 |
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07/19/06 [#788] |
Order and Reasons - Motion to dismiss re: O’Dwyer 05-4181 |
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06/28/06 [#702] |
Minutes of 6/28 Oral Argument - Motion to Sever and Proceed Separatey
by Allstate |
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06/28/06 [#722] |
Transcript of 6/28 Oral Argument - Motion to Sever and Proceed
Separatey by Allstate |
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06/13/06 [#551] |
Order and Reasons denying Motion for Reconsideration of Magistrate
Judge’s Order re: Leave to File 12th Amending Complaint in O'Dwyer
05-4181 |
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06/02/06 [#476] |
Order and Reasons granting Motion to Sever/Remand Orleans Levee
District -- Harvey 05-4568 |
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06/01/06 [#469] |
Order and Reasons granting Motion to Sever/Remand Orleans Levee
District -- Vanderbrook |
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05/24/06 [#479] |
5th Circuit order denying Petition for mandamus re: recusal |
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05/10/06 [#316] |
Order correcting typographical error in Document 285 |
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05/10/06 [#320] |
Order and Reasons affirming Document 71, Magistrate Judge’s Order re
Leave to File 12th Amending Complaint in O'Dwyer 05-4181 |
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05/04/06 [#285] |
Order and Reasons denying Motion to Disqualify Judge Duval |
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04/19/06 [#198] |
Minutes of 4/19 oral argument including Motion to Recuse Judge Duval
(Docs. 61 and Docs. 63) |
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03/28/06 [#56] |
Order denying Motion to Disqualify District and Magistrate Judges en
banc |
