Butler v. Progressive Security Insurance Company et al
Plaintiff: truman butler
Defendant: United Financial Casualty Company and Progressive Security Insurance Company
Case Number: 2:2021cv00414
Filed: February 25, 2021
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Donna Phillips Currault
Referring Judge: Wendy B Vitter
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 9, 2021 Opinion or Order Filing 23 SCHEDULING ORDER: Final Pretrial Conference set for 1/7/2022 11:00 AM before Judge Wendy B Vitter. Status Conference set for 5/19/2021 03:00 PM before Judge Wendy B Vitter. Jury Trial set for 1/24/2022 09:00 AM before Judge Wendy B Vitter. All discovery must be completed by 11/8/2021. Signed by Judge Wendy B Vitter on 4/9/2021. (Attachments: #1 Pretrial Notice Form)(jeg)
March 31, 2021 Filing 22 RESPONSE/MEMORANDUM in Opposition filed by United Financial Casualty Company re #17 MOTION to Remand to State Court . (Attachments: #1 Exhibit)(Willem, Dianna)
March 24, 2021 Opinion or Order Filing 21 ORDER: IT IS HEREBY ORDERED that the Court's March 16, 2021 Order (R. Doc. 15), requesting a second memorandum regarding the amount in controversy in this case, has been satisfied. Signed by Judge Wendy B Vitter on 3/24/2021.(jeg)
March 23, 2021 Filing 20 Second Supplemental Memorandum Concerning Subject Matter Jurisdiction under 28 USC 1332(a) by United Financial Casualty Company re #15 Order (Attachments: #1 Exhibit)(Willem, Dianna) Modified text on 3/24/2021 (jeg).
March 18, 2021 Filing 18 Correction of Docket Entry by Clerk re #17 MOTION to Remand to State Court. **1.Filing attorney selected incorrect submission date. Correct date is 4/6/2021. Clerk took corrective action. 2.Main Document filed on incorrect sized paper. Local Rule 10.1E states 'All papers drafted for filing in this court shall be on 8-1/2 by 11 inch paper. Clerk has reduced images. No further action needed.** (jeg)
March 17, 2021 Filing 17 MOTION to Remand to State Court by Truman Butler. Motion(s) will be submitted on 4/6/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Johnson, Willie) (Main Document 17 replaced on 3/18/2021) (jeg). Modified text/submission date on 3/18/2021 (jeg). Responses due by 3/29/2021 (mmv).
March 16, 2021 Opinion or Order Filing 15 ORDER: IT IS HEREBY ORDERED that United Financial Casualty Company shall have seven (7) days from the date of this Order to file another memorandum with supporting evidence concerning subject matter jurisdiction under 28 U.S.C. 1332(a). The supplemental memorandum shall be limited to ten (10) pages and shall specifically address whether the amount in controversy is satisfied in this case, including the amount of medical expenses incurred as of the date of removal and any future recommended medical treatment, including any recommendation for surgery. Once the Court has reviewed the supplemental memorandum, the Court will either allow the case to proceed if jurisdiction is present or take further action if jurisdiction is lacking. Signed by Judge Wendy B Vitter on 3/16/2021.(mmv)
March 16, 2021 Filing 14 NOTICE of Hearing. A call-in scheduling conference is set for 4/9/2021 10:30 AM before case manager by telephone. By Clerk. Please follow the instructions provided in the notice.(mmv)
March 11, 2021 Filing 12 Correction of Docket Entry by Clerk re #11 Memorandum. **Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary.** (jeg)
March 10, 2021 Filing 11 Memorandum by United Financial Casualty Company re #8 Order (Willem, Dianna)
March 9, 2021 Filing 10 Correction of Docket Entry by Clerk re #9 Notice of Compliance. **Filing attorney selected incorrect filer. Correct filer is United Financial Casualty Company. Clerk took corrective action. No further action necessary.** (jeg)
March 5, 2021 Filing 9 Notice of Compliance List of Parties Still Remaining in this Action by United Financial Casualty Company re #5 Directive. Attorney Brian Thomas Hill added to party Progressive Security Insurance Company(pty:dft).(Hill, Brian) Modified text/filer on 3/9/2021 (jeg).
March 2, 2021 Opinion or Order Filing 8 ORDER: IT IS HEREBY ORDERED that United Financial Casualty Company shall have ten (10) days from the date of this Order to file a memorandum and supporting evidence concerning subject matter jurisdiction under 28 U.S.C. 1332(a). The supplemental memorandum shall be limited to ten (10) pages and shall specifically address whether the amount in controversy is satisfied in this case. Once the Court has reviewed the supplemental memorandum, the Court will either allow the case to proceed if jurisdiction is present or take further action if jurisdiction is lacking. Signed by Judge Wendy B Vitter on 3/2/2021.(mmv)
March 2, 2021 Filing 7 Correction of Docket Entry by Clerk re #1 Notice of Removal. Exhibits on incorrect sized paper. Local Rule 10.1E states 'All papers drafted for filing in this court shall be on 8-1/2 by 11 inch paper. Clerk has reduced images. No further action needed. (bm)
March 1, 2021 Filing 6 Correction of Docket Entry by Clerk re #1 Notice of Removal. Statement of Corporate Disclosure and Notice of Partial Compliance with 28:1447(b) should be filed as a separate docket entries instead of an attachment to the Notice of Removal. Clerk took corrective action by separating these attachment(s) and docketing them as separate entries. (bm)
March 1, 2021 Filing 5 Directive of the Clerk regarding compliance with 28:1447(b) re: #1 Notice of Removal filed by United Financial Casualty Company. By the Clerk. (bm)
March 1, 2021 Filing 4 Notice of Partial Compliance with 28:1447(b): List of Documents by United Financial Casualty Company re #1 Notice of Removal. (bm)
March 1, 2021 Filing 3 Statement of Corporate Disclosure by United Financial Casualty Company (bm)
February 26, 2021 Filing 2 Initial Case Assignment to Judge Wendy B Vitter and Magistrate Judge Donna Phillips Currault. (go)
February 25, 2021 Filing 1 NOTICE OF REMOVAL with jury demand from Orleans Parish Civil District Court, case number 2020-1914 (Filing fee $ 402 receipt number ALAEDC-8752638) filed by United Financial Casualty Company. (Attachments: #1 Exhibit A -Petition for DamageNOTICE OF REMOVAL with jury demand from Orleans Parish Civil District Court, case number 2020-1914 (Filing fee $ 402 receipt number ALAEDC-8752638) filed by United Financial Casualty Company. (Attachments: #1 Exhibit A -Petition for Damages, #2 Exhibit B - Email w PMTD, #3 Exhibit C - PMTD, #4 Exhibit D - Correspondence to PL atty, #5 Civil Cover Sheet, #6 Corporate Disclosure, #7 State Court Pleadings, #8 State Court Pleadings, #9 State Court Pleadings, #10s, #2 Exhibit B - Email w PMTD, #3 Exhibit C - PMTD, #4 Exhibit D - Correspondence to PL atty, #5 Civil Cover Sheet, #6 Corporate Disclosure, #7 State Court Pleadings, #8 State Court Pleadings, #9 State Court Pleadings, #10 State Court Pleadings, #11 State Court Pleadings, #12 State Court Pleadings, #13 Notice of Removal, #14 Verification)Attorney Dianna Duffy Willem added to party United Financial Casualty Company(pty:dft).(Willem, Dianna) (Attachment 1 re State Court Pleadings, #11 State Court Pleadings, #12 State Court Pleadings, #13 Notice of Removal, #14 Verification)Attorney Dianna Duffy Willem added to party United Financial Casualty Company(pty:dft).(Willem, Dianna) (Attachment 1 replaced on 3/2/2021) (bm). (Attachment 3 replaced on 3/2/2021) (bm). (Attachment 8 replaced on 3/2/2021) (bm). (Attachment 9 replaced on 3/2/2021) (bm). (Attachment 10 replaced on 3/2/2021) (bm). (Attachment 11 replaced on 3/2/2021) (bm). (Attachment 12 replaced on 3/2/2021) (bm).

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Plaintiff: truman butler
Represented By: Willie G. Johnson, Jr.
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Defendant: United Financial Casualty Company
Represented By: Dianna Duffy Willem
Represented By: Brian Thomas Hill
Represented By: Jairo F. Sanchez
Represented By: Charles V. Giordano
Represented By: Michael E. Escudier
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Defendant: Progressive Security Insurance Company
Represented By: Dianna Duffy Willem
Represented By: Jairo F. Sanchez
Represented By: Charles V. Giordano
Represented By: Michael E. Escudier
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