This case was last updated from U.S. District Courts on 02/15/2021 at 10:44:16 (UTC).

Soignet v. Ross

Case Summary

On 12/17/2020 Soignet filed a Personal Injury - Assault/Battery/Defamation lawsuit against Ross. This case was filed in U.S. District Courts, Louisiana Eastern District. The Judges overseeing this case are Carl Barbier and Dana Douglas. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:20-CV-03418

  • Filing Date:

    12/17/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Assault/Battery/Defamation

  • Courthouse:

    Louisiana Eastern District

Judge Details

Presiding Judge

Carl Barbier

Referral Judge

Dana Douglas

 

Party Details

Plaintiff

Elmo Andrew Soignet, III

Defendant

Ricky Ross

Attorney/Law Firm Details

Plaintiff Attorneys

Monica Gaudioso

Attorney at Carrington Coleman Sloman & Blumenthal

901 Main St, Suite 5500

Dallas, TX 75202

Thomas Patrick Henican

Attorney at Riess LeMieux, LLC

1100 Poydras Street, Suite 1100

New Orleans, LA 70163

Cathy L. Altman

Attorney at Cathy L. Altman, Attorney at Law

200 Crescent Ct., Suite 1500

Dallas, TX 75201

Defendant Attorneys

Ryan G Cole

Attorney at Spencer Fane LLP

2200 Ross Avenue, Ste 4800 West

Dallas, TX 75201

Jack Kenneth Whitehead, Jr.

Attorney at Whitehead Law Firm

11909 Bricksome Ave., Suite W-3

Baton Rouge, LA 70816

John G Browning

Attorney at Spencer Fane LLP

5700 Granite Parkway, Suite 650

Plano, TX 75024

 

Court Documents

#40

(#40) ORDER granting #39 Motion to Withdraw as Attorney. Attorney Cathy L. Altman and Monica Gaudioso terminated. Signed by Judge Carl Barbier on 01/08/2021. (ko) (Entered: 01/08/2021)

39 #1

Proposed Order

#39

(#39) EXPARTE/CONSENT MOTION to Withdraw Cathy L. Altman and Monica E. Gaudioso as Attorney of Record by Elmo Andrew Soignet, III. (Attachments: #1 Proposed Order)(Henican, Thomas) (Entered: 01/07/2021)

#38

(#38) ORDER granting #37 Motion to Withdraw as Attorney. IT IS FURTHER ORDERED that John G. Browning and Ryan G. Cole are hereby withdrawn as counsel of record for Defendant, Ricky Ross. Signed by Judge Carl Barbier on 12/22/20. (cg) (Entered: 12/22/2020)

37 #1

Proposed Order

#37

(#37) EXPARTE/CONSENT MOTION to Withdraw John G. Browning and Ryan G. Cole as Attorney for Defendant by Ricky Ross. (Whitehead, Jack) Modified on 12/21/2020 (cg). (Main Document 37 replaced on 12/21/2020) (cg). (Additional attachment(s) added on 12/21/2020: #1 Proposed Order) (cg). (Entered: 12/21/2020)

36 #1

*Restricted*

#36

(#36) Case transferred in from District of Texas Northern; Case Number 3:20-cv-02418. Electronic file certified copy of transfer order and docket sheet received (sa) (Entered: 12/17/2020)

#35

(#35) Memorandum Opinion and Order - The Court GRANTS IN PART and DENIES IN PART the Motion to Strike. After considering the Motion to Dismiss, responsive briefing, Complaint, and applicable law, the Court GRANTS the Motion to Dismiss for lack of personal jurisdiction and TRANSFERS this case to the Eastern District of Louisiana in lieu of dismissal pursuant to 28 U.S.C. 1406(a). (Ordered by Judge Ed Kinkeade on 12/16/2020) (chmb) [Transferred from txnd on 12/17/2020.] (Entered: 12/16/2020)

#34

(#34) SECOND AMENDED NOTICE OF REMOVAL DOCUMENT by Ricky Ross. Amendment to #8 Amended Document, #1 Notice of Removal. Second Amended Notice of Removal. (Cole, Ryan) Modified text on 12/11/2020 (axm). [Transferred from txnd on 12/17/2020.] (Entered: 12/10/2020)

#8

(#34) SECOND AMENDED NOTICE OF REMOVAL DOCUMENT by Ricky Ross. Amendment to #8 Amended Document, #1 Notice of Removal. Second Amended Notice of Removal. (Cole, Ryan) Modified text on 12/11/2020 (axm). [Transferred from txnd on 12/17/2020.] (Entered: 12/10/2020)

7 #1

Exhibit(s)

#7

(#7) Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11114401) filed by Ricky Ross (Attachments: #1 Exhibit(s))Attorney Jack K. Whitehead, Jr added to party Ricky Ross(pty:dft) (Whitehead, Jack) [Transferred from txnd on 12/17/2020.] (Entered: 08/26/2020)

#6

(#6) ORDER: This case was removed from State Court on August 21, 2020. It has come to the Courts attention that Plaintiff's counsel, Thomas P Henican, is not admitted to practice in the United States District Court for the Northern District of Texas. Therefore, within 21 days from the date of this order, counsel for Plaintiff must either become admitted to practice in this District (See LR 83.7), or move the Court to be admitted Pro Hac Vice (See LR 83.9(b)).Further, this Court requires Local Counsel. Within 21 days from the date of this order, counsel for Plaintiff must also designate local counsel pursuant to Local Civil Rule 83.10(a). Failure to comply with this Order may result in dismissal of this case without prejudice and without further notice. (Ordered by Judge Ed Kinkeade on 8/25/2020) (chmb) [Transferred from txnd on 12/17/2020.] (Entered: 08/25/2020)

#4

(#4) ORDER: Federal courts are vested with subject-matter jurisdiction over all civil actions "arising under the Constitution, laws, or treaties of the United States," or where the case in controversy exceeds $75,000 and is between citizens of different states, or between citizens of a state and citizens or subjects of a foreign state. 28 U.S.C. 1331, 1332(a)(1)(2) (2012). Defendant is ORDERED to amend his Removal within ten (10) days from the date this Order is signed. Failure to properly establish diversity jurisdiction will result in remand to state court without further notice. See FED. R. CIV. P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action."). (Ordered by Judge Ed Kinkeade on 8/24/2020) (chmb) [Transferred from txnd on 12/17/2020.] (Entered: 08/25/2020)

#3

(#3) New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from txnd on 12/17/2020.] (Entered: 08/21/2020)

#2

(#2) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ricky Ross. (Browning, John) [Transferred from txnd on 12/17/2020.] (Entered: 08/21/2020)

#1

(#34) SECOND AMENDED NOTICE OF REMOVAL DOCUMENT by Ricky Ross. Amendment to #8 Amended Document, #1 Notice of Removal. Second Amended Notice of Removal. (Cole, Ryan) Modified text on 12/11/2020 (axm). [Transferred from txnd on 12/17/2020.] (Entered: 12/10/2020)

30 More Documents Available

 

Docket Entries

  • 01/08/2021
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  • Docket(#40) ORDER granting #39 Motion to Withdraw as Attorney. Attorney Cathy L. Altman and Monica Gaudioso terminated. Signed by Judge Carl Barbier on 01/08/2021. (ko) (Entered: 01/08/2021)

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  • 01/07/2021
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  • Docket(#39) EXPARTE/CONSENT MOTION to Withdraw Cathy L. Altman and Monica E. Gaudioso as Attorney of Record by Elmo Andrew Soignet, III. (Attachments: #1 Proposed Order)(Henican, Thomas) (Entered: 01/07/2021)

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  • 12/22/2020
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  • Docket(#38) ORDER granting #37 Motion to Withdraw as Attorney. IT IS FURTHER ORDERED that John G. Browning and Ryan G. Cole are hereby withdrawn as counsel of record for Defendant, Ricky Ross. Signed by Judge Carl Barbier on 12/22/20. (cg) (Entered: 12/22/2020)

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  • 12/21/2020
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  • Docket(#37) EXPARTE/CONSENT MOTION to Withdraw John G. Browning and Ryan G. Cole as Attorney for Defendant by Ricky Ross. (Whitehead, Jack) Modified on 12/21/2020 (cg). (Main Document 37 replaced on 12/21/2020) (cg). (Additional attachment(s) added on 12/21/2020: #1 Proposed Order) (cg). (Entered: 12/21/2020)

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  • 12/17/2020
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  • Docket(#36) Case transferred in from District of Texas Northern; Case Number 3:20-cv-02418. Electronic file certified copy of transfer order and docket sheet received (sa) (Entered: 12/17/2020)

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  • 12/16/2020
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  • Docket(#35) Memorandum Opinion and Order - The Court GRANTS IN PART and DENIES IN PART the Motion to Strike. After considering the Motion to Dismiss, responsive briefing, Complaint, and applicable law, the Court GRANTS the Motion to Dismiss for lack of personal jurisdiction and TRANSFERS this case to the Eastern District of Louisiana in lieu of dismissal pursuant to 28 U.S.C. 1406(a). (Ordered by Judge Ed Kinkeade on 12/16/2020) (chmb) [Transferred from txnd on 12/17/2020.] (Entered: 12/16/2020)

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  • 12/10/2020
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  • Docket(#34) SECOND AMENDED NOTICE OF REMOVAL DOCUMENT by Ricky Ross. Amendment to #8 Amended Document, #1 Notice of Removal. Second Amended Notice of Removal. (Cole, Ryan) Modified text on 12/11/2020 (axm). [Transferred from txnd on 12/17/2020.] (Entered: 12/10/2020)

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  • 12/04/2020
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  • Docket(#33) ORDER: Before the Court are Defendant's Motion to Dismiss the Complaint, or in the Alternative, to Transfer Venue (Doc. No. #9 ) and Defendant's Motion to Strike Paragraph 6 of Plaintiff's Declaration (Doc. No. #23 ). Upon review of the record, it is unclear to the Court whether it has subject-matter jurisdiction over this case. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 23031 (1990); see also Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999) ("[S]ubject-matter delineations must be policed by the courts on their own initiative even at the highest level."). The Court cannot determine whether it has subject-matter jurisdiction. Defendant is ORDERED to amend his Amended Notice of Removal by Thursday, December 10, 2020 at 5:00 p.m. This is the final opportunity to amend the Notice of Removal as this is the second time the Court has requested proof of Plaintiff's citizenship. Failure to properly establish diversity jurisdiction will result in remand to state court without further notice. See FED. R. CIV. P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action."). (Ordered by Judge Ed Kinkeade on 12/4/2020) (chmb) [Transferred from txnd on 12/17/2020.] (Entered: 12/04/2020)

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  • 11/02/2020
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  • Docket(#32) Brief/Memorandum in Support filed by Ricky Ross re #31 Reply in Support of Motion to Strike (Cole, Ryan) [Transferred from txnd on 12/17/2020.] (Entered: 11/02/2020)

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  • 11/02/2020
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  • Docket(#31) REPLY filed by Ricky Ross re: #23 MOTION to Strike #20 Appendix in Support Paragraph 6 (Cole, Ryan) [Transferred from txnd on 12/17/2020.] (Entered: 11/02/2020)

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22 More Docket Entries
  • 08/27/2020
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  • Docket(#8) AMENDED DOCUMENT by Ricky Ross. Amendment to #1 Notice of Removal,,,,. Amended Notice of Removal. (Browning, John) [Transferred from txnd on 12/17/2020.] (Entered: 08/27/2020)

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  • 08/26/2020
  • Docket***Clerk's Notice of delivery: (see NEF for details) Docket No:4, 5, 6. NEF Wed Aug 26 09:17:36 CDT 2020 (crt) [Transferred from txnd on 12/17/2020.] (Entered: 08/26/2020)

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  • 08/26/2020
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  • Docket(#7) Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11114401) filed by Ricky Ross (Attachments: #1 Exhibit(s))Attorney Jack K. Whitehead, Jr added to party Ricky Ross(pty:dft) (Whitehead, Jack) [Transferred from txnd on 12/17/2020.] (Entered: 08/26/2020)

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  • 08/25/2020
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  • Docket(#6) ORDER: This case was removed from State Court on August 21, 2020. It has come to the Courts attention that Plaintiff's counsel, Thomas P Henican, is not admitted to practice in the United States District Court for the Northern District of Texas. Therefore, within 21 days from the date of this order, counsel for Plaintiff must either become admitted to practice in this District (See LR 83.7), or move the Court to be admitted Pro Hac Vice (See LR 83.9(b)).Further, this Court requires Local Counsel. Within 21 days from the date of this order, counsel for Plaintiff must also designate local counsel pursuant to Local Civil Rule 83.10(a). Failure to comply with this Order may result in dismissal of this case without prejudice and without further notice. (Ordered by Judge Ed Kinkeade on 8/25/2020) (chmb) [Transferred from txnd on 12/17/2020.] (Entered: 08/25/2020)

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  • 08/25/2020
  • Docket(#5) ELECTRONIC ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in this district. Accordingly, within twenty days of this date, Defendant, Ricky Ross, shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so may result defendant's pleadings being stricken and default taken against that defendant without further notice. (Ordered by Judge Ed Kinkeade on 8/25/2020) (chmb) [Transferred from txnd on 12/17/2020.] (Entered: 08/25/2020)

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  • 08/24/2020
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  • Docket(#4) ORDER: Federal courts are vested with subject-matter jurisdiction over all civil actions "arising under the Constitution, laws, or treaties of the United States," or where the case in controversy exceeds $75,000 and is between citizens of different states, or between citizens of a state and citizens or subjects of a foreign state. 28 U.S.C. 1331, 1332(a)(1)(2) (2012). Defendant is ORDERED to amend his Removal within ten (10) days from the date this Order is signed. Failure to properly establish diversity jurisdiction will result in remand to state court without further notice. See FED. R. CIV. P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action."). (Ordered by Judge Ed Kinkeade on 8/24/2020) (chmb) [Transferred from txnd on 12/17/2020.] (Entered: 08/25/2020)

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  • 08/21/2020
  • Docket***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Fri Aug 21 16:07:34 CDT 2020 (crt) [Transferred from txnd on 12/17/2020.] (Entered: 08/21/2020)

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  • 08/21/2020
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  • Docket(#3) New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from txnd on 12/17/2020.] (Entered: 08/21/2020)

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  • 08/21/2020
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  • Docket(#2) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ricky Ross. (Browning, John) [Transferred from txnd on 12/17/2020.] (Entered: 08/21/2020)

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  • 08/21/2020
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  • Docket(#1) NOTICE OF REMOVAL WITH JURY DEMAND filed by Ricky Ross. (Filing fee $400; receipt number 0539-11101642) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Browning, John) [Transferred from txnd on 12/17/2020.] (Entered: 08/21/2020)

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