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Moore v. Home Depot USA, Inc.

United States District Court, M.D. Louisiana

June 4, 2018

STEVEN MOORE AND RENEE MOORE
v.
HOME DEPOT USA, INC., ET AL.

          ORDER

          RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE.

         Before the Court is Commercial Coolants, Inc. d/b/a Design Air Systems' (“Commercial Coolants”) Motion for Leave of Court to File Counterclaim, Crossclaims, and Third-Party Complaint (R. Doc. 144) filed on April 30, 2018. Plaintiffs oppose the motion. (R. Doc. 148). Commercial Coolants filed a Reply. (R. Doc. 156).

         I. Background

         On or about November 2, 2016, Steven Moore and Renee Moore (“Plaintiffs”) initiated this action in the 19th Judicial District Court, East Baton Rouge, Louisiana, naming as defendants Home Depot and Entergy Louisiana, LLC (“Entergy”). (R. Doc. 1-2 at 1-5). Plaintiffs allege that Mr. Moore suffered certain physical injuries when his commercial truck came into contact with low hanging electrical lines at a Home Depot facility. The action was removed on December 1, 2016. (R. Doc. 1).

         On January 31, 2017, the Court issued a Scheduling Order setting various deadlines in this action, including the deadline to join other parties or to amend the pleadings by April 3, 2017, and a trial date of January 14, 2019. (R. Do. 16).

         On April 5, 2017, the Court entered Entergy's First Supplemental and Amending Third Party Demand into the record, which named additional third-party defendants, including Commercial Coolants. (R. Doc. 37).

         On April 11, 2017, the Court extended the deadline to join other parties and to amend the pleadings to July 3, 2017. (R. Doc. 39).

         On May 17, 2017, Commercial Coolants made its first appearance. (R. Doc. 47).

         On May 22, 2017, the Court entered Plaintiffs' Amended Complaint into the record, which named Commercial Coolants as a defendant. (R. Doc. 50).

         On June 2, 2017, Commercial Coolants filed a motion to dismiss the third-party demand brought by Entergy. (R. Doc. 54).

         On July 25, 2017, Commercial Coolants filed a motion to dismiss the Plaintiffs' claims. (R. Doc. 71).

         On November 8, 2017, the district judge denied both of the motions to dismiss filed by Commercial Coolants. (R. Doc. 100).

         On November 21, 2017, Commercial Coolants answered Plaintiffs' Amended Complaint. (R. Doc. 101).

         On April 16, 2018, the Court extended, among other things, the deadline to complete non-expert discovery to July 2, 2018, and the deadline to file ...


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