INDIANA COMPENSATION RATING BUREAU v. EXECUTIVE RISK INDEMNITY, INC. et al
| INDIANA COMPENSATION RATING BUREAU |
| Enterprise Risk Indemnity, Inc., CHUBB LTD. and EXECUTIVE RISK INDEMNITY, INC. |
| 1:2019cv04502 |
| November 7, 2019 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Jane Magnus-Stinson |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 Transfer Letter to the Clerk of the Marion County Court. Copies of case documents and docket enclosed. (JDC) |
Filing 8
CLOSED REMANDED/CLOSED JUDGMENT - Defendant Executive Risk Indemnity, Inc. ("ERII") removed this matter to this Court on November 8, 2019, alleging that the Court had diversity jurisdiction. [Filing No. 1.] Subsequently, the Court entered an Order directing ERII to file an Amended Notice of Removal which properly addressed several jurisdictional issues that the Court outlined. [Filing No. 5.] In response, ERII filed a Notice of Withdrawal of Notice of Removal in which it stated that, after further examination, it determined that Plaintiff Indiana Compensation Rating Bureau and Defendant ERII are both citizens of the same state, so there is not complete diversity of citizenship among the parties. [Filing No. 7.] Therefore, ERII notified the Court that it is withdrawing the Notice of Removal. [Filing No. 7 at 3.] Based upon the lack of diversity of citizenship, the Court finds that remand is appropriate, and ORDERS that this matter be REMANDED to the Superior Court of Marion County, Indiana. Signed by Judge Jane Magnus-Stinson on 12/13/2019. (JDC)
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| Filing 7 NOTICE of Withdrawal of Notice of Removal and Report to the Court Concerning Dkt. 5, filed by Defendant EXECUTIVE RISK INDEMNITY, INC., re #1 Notice of Removal. (Attachments: #1 Exhibit ICRB Members List) (Kamplain, Bruce) |
| Filing 6 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, E. Scott Treadway hereby notifies the Clerk of the court of changed contact information. (Treadway, E.) |
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Filing 5
ORDER - The Court ORDERS ERII to file an Amended Notice of Removal by November 25, 2019, which addresses the issues outlined in this Order and properly alleges a basis for this Court's diversity jurisdiction. Plaintiff is reminded of its obligation to file a statement within thirty days of Defendant's filing of the Amended Notice of Removal pursuant to Local Rule 81-1, which provides: Within 30 days after the filing of the notice of removal, every plaintiff who has not filed a motion to remand must file a statement responding to the notice of removal's allegations as to the citizenship of the parties and the amount in controversy. If the plaintiff lacks sufficient information upon which to form a belief about those allegations despite meeting and conferring in good faith with the removing party about them, the plaintiff may so state. The parties are advised that, to the extent the Amended Notice of Removal and the Local Rule 81-1 Statement reflect anything other than total agreement regarding any jurisdictional allegations, the Court will require the parties to conduct whatever investigation is necessary and file a joint jurisdictional statement confirming that all parties are in agreement with the underlying jurisdictional allegations before the litigation moves forward. (See Order). Signed by Judge Jane Magnus-Stinson on 11/14/2019.(JDH)
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| Filing 4 PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (JDH) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 2 NOTICE of Appearance by Bruce L. Kamplain on behalf of Defendant EXECUTIVE RISK INDEMNITY, INC.. (Kamplain, Bruce) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of Marion County, case number 49D03-1910-PL-041930, filed by EXECUTIVE RISK INDEMNITY, INC.. (Filing fee $400, receipt number 0756-5714965) (Attachments: #1 State Court Record (Exhibit 1 - State Court Action docket sheet, Exhibit 2 - Complaint, Exhibit 3 - Appearance of E. Scott Treadway and Raymond Biederman, for Plaintiff, Exhibit 4 - Summons to defendant, ERII, Exhibit 5 - Summons to defendant, Chubb Ltd., Exhibit 6 - Appearance off Bruce L. Kamplain, for defendant, ERII, Exhibit 7 - Defendant, ERII, notice of agreement to enlarge time to respond to Plaintiffs Complaint, Exhibit 8 - Plaintiffs motion for pre-trial conference, Exhibit 9 - Order setting pre-trial conference.), #2 Exhibit 10 - Additional copy of the operative complaint, #3 Exhibit 11 - ICRB Notice of Removal filed in Marion County Litigation, #4 Civil Cover Sheet, #5 Corporate Disclosure Statement)(Kamplain, Bruce) Modified on 11/12/2019 (duplicate wording removed) (DJH). |
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