GHEBREAB v. BW PTI HOLDINGS, INC. F/K/A GLOUCESTER ENGINEERING CORPORATION
| TIRHAS KIDANE GHEBREAB |
| BW PTI HOLDINGS, INC. F/K/A GLOUCESTER ENGINEERING CORPORATION |
| 1:2023cv00373 |
| March 3, 2023 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Matthew P Brookman |
| M Kendra Klump |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Filing 17 MOTION for Extension of Time to File Reply to May 8, 2023 re #15 MOTION to Stay re #13 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim , filed by Plaintiff TIRHAS KIDANE GHEBREAB. (Attachments: #1 Text of Proposed Order)(Lenkowsky, Adam) |
| Filing 16 RESPONSE in Opposition re #15 MOTION to Stay re #13 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim , filed by Defendant BW PTI HOLDINGS, INC. F/K/A GLOUCESTER ENGINEERING CORPORATION. (Attachments: #1 Text of Proposed Order)(DeLaney, Kathleen) |
| Filing 15 MOTION to Stay re #13 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim , filed by Plaintiff TIRHAS KIDANE GHEBREAB. (Attachments: #1 Text of Proposed Order)(Lenkowsky, Adam) |
| Filing 14 BRIEF/MEMORANDUM in Support re #13 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim , filed by Defendant BW PTI HOLDINGS, INC. F/K/A GLOUCESTER ENGINEERING CORPORATION. (Attachments: #1 Exhibit A - Declaration of Charles Miller)(DeLaney, Kathleen) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, filed by Defendant BW PTI HOLDINGS, INC. F/K/A GLOUCESTER ENGINEERING CORPORATION. (Attachments: #1 Text of Proposed Order)(DeLaney, Kathleen) |
| Filing 12 NOTICE of Reassignment of Case to Judge Matthew P. Brookman. Judge Sarah Evans Barker is no longer assigned to this case. Please include the new case number, 1-23-cv-373-MPB-MKK, on all future filings in this matter. (CKM) |
| Filing 11 NOTICE Regarding Amended Notice of Removal, filed by Plaintiff TIRHAS KIDANE GHEBREAB, re #10 Notice (Other). (Lenkowsky, Adam) |
| Filing 10 NOTICE of Removal (Amended), filed by Defendant BW PTI HOLDINGS, INC. F/K/A GLOUCESTER ENGINEERING CORPORATION, re #9 Order. (Attachments: #1 Exhibit 1 - State Court Docket (Complaint, Appearance of Adam Lenkowsky, Summons to BW PTI Holdings, Inc., Summons to Gloucester Engineering, Affidavit of Service and Exhibit A, Appearance of Kathleen DeLaney and Alexander Pantos, Notice of Initial Enlargement of Time, and Notice of Removal to State Court), #2 Exhibit 2 - Operative Complaint, #3 Exhibit 3 - Notice of Removal to State Court, #4 Exhibit 4 - Civil Cover Sheet) (DeLaney, Kathleen) |
Filing 9
ORDER - Defendant has removed this matter to this Court on the basis of diversity jurisdiction. The Court notes the following issue with the jurisdictional allegations in Defendant's Notice of Removal. Defendant does not properly allege the amount in controversy. The amount in controversy must exceed "$75,000, exclusive of interest and costs." 28 U.S.C. 1332. The "exclusive of interest and costs" language must be included in the amount in controversy allegation. the Court ORDERS Defendant to file an Amended Notice of Removal within fourteen (14) days of the date of this entry, which addresses the issue outlined in this Order by properly alleging a basis for diversity jurisdiction. Plaintiff is reminded of her obligation to file a statement within thirty days of Defendant's filing of the Amended Notice of Removal pursuant to Local Rule 81-1. Signed by Judge Sarah Evans Barker on 3/9/2023. *** SEE LOCAL RULE 81-1 IN ORDER *** (CKM)
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| Filing 8 NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant BW PTI HOLDINGS, INC. F/K/A GLOUCESTER ENGINEERING CORPORATION. (Pantos, Alexander) |
| Filing 7 NOTICE of Appearance by Adam Lenkowsky on behalf of Plaintiff TIRHAS KIDANE GHEBREAB. (Lenkowsky, Adam) |
| Filing 6 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DJH) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 4 Rule 7.1 Disclosure Statement by BW PTI HOLDINGS, INC. F/K/A GLOUCESTER ENGINEERING CORPORATION. (DeLaney, Kathleen) |
| Filing 3 NOTICE of Appearance by Alexander James Pantos on behalf of Defendant BW PTI HOLDINGS, INC. F/K/A GLOUCESTER ENGINEERING CORPORATION. (Pantos, Alexander) |
| Filing 2 NOTICE of Appearance by Kathleen Ann DeLaney on behalf of Defendant BW PTI HOLDINGS, INC. F/K/A GLOUCESTER ENGINEERING CORPORATION. (DeLaney, Kathleen) |
| Filing 1 NOTICE OF REMOVAL from Marion Superior Court 12, case number 49D12-2301-CT-003373, filed by BW PTI HOLDINGS, INC. F/K/A GLOUCESTER ENGINEERING CORPORATION. (Filing fee $402, receipt number AINSDC-7529150) (Attachments: #1 Exhibit 1 - State Court Docket (Complaint, Appearance of Adam Lenkowsky, Summons to BW PTI Holdings, Inc., Summons to Gloucester Engineering, Affidavit of Service and Exhibit A, Appearance of Kathleen DeLaney and Alexander Pantos, and Notice of Initial Enlargement of Time), #2 Exhibit 2 - Operative Complaint, #3 Exhibit 3 - Notice of Removal to State Court, #4 Civil Cover Sheet)(DeLaney, Kathleen) |
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