Houston Specialty Insurance Company v. Freightz Transportation, Inc. et al

Filing 34

SUA SPONTE ORDER Setting Oral Argument for 21 Motion to Transfer. Hearing set for 7/16/2015 at 02:00 PM in Courtroom 2 before Chief Judge Brian A. Jackson. At oral argument, Plaintiff's counsel must be prepared to discuss efforts to serve Defendant Clinical Health Systems, Inc. with the amended complaint in this matter, pursuant to the 10 telephone scheduling conference held on 1/29/2015 before the Magistrate Judge. Signed by Chief Judge Brian A. Jackson on 6/30/2015. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
HOUSTON SPECIALTY INSURANCE
COMPANY, as subrogee for MARQUIS
MEDICAL, LLC

CIVIL ACTION

VERSUS
FREIGHTZ TRANSPORTATION,
INC., ET AL.

NO.: 14-00576-BAJ-SCR

SUA SPONTE ORDER SETTING ORAL ARGUMENT
Before the Court is the Motion to Transfer Pursuant to 28 U.S.C. §
1404(a) (Doc. 21) filed by Defendant Freightz Transportation, Inc. (“Freightz”).
Finding that the briefings submitted do not contain sufficient facts or arguments
regarding the issue of whether the claims of Plaintiff Houston Specialty Insurance
Company against Freightz should be severed from the claims against other
Defendants, the Court hereby sua sponte orders oral argument to sharpen the issue
and assist in a just determination.
Accordingly,
IT IS ORDERED that oral argument on the Motion to Transfer (Doc. 21) is
SET for Thursday, July 16, 2015 at 2:00 p.m. in Courtroom 2. Argument shall be
strictly limited to the issue of severance—whether the claims against Defendants
YRC Worldwide, Inc., Clinical Health Systems, Inc., and unknown insurance
companies should be severed from the claims against Freightz in the Court’s
forthcoming ruling on Freightz’s motion to transfer. Counsel is advised to come

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prepared to address the relevance of Bridas S.A.P.I.C. v. Gov't of Turkmenistan, 345
F.3d 347 (5th Cir. 2003) and whether principles of contract or agency law should be
called upon to bind a nonsignatory to the underlying agreement. No briefings shall
be accepted in advance of oral argument.
IT IS FURTHER ORDERED that, at oral argument, Plaintiff’s counsel
must be prepared to discuss efforts to serve Defendant Clinical Health Systems, Inc.
with the amended complaint in this matter, pursuant to the telephone scheduling
conference held on January 29, 2015 before the Magistrate Judge. (See Doc. 10).
Baton Rouge, Louisiana, this 22nd day of June, 2015.

_____________________________________
BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

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