Martin v. Allstate Insurance Company
| Audrey Martin |
| Allstate Insurance Company |
| Hurricane Ida Program Administrator |
| 2:2022cv02918 |
| August 26, 2022 |
| US District Court for the Eastern District of Louisiana |
| Jane Triche Milazzo |
| Karen Wells Roby |
| Wendy B Vitter |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Both |
Docket Report
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| Filing 18 Statement of Corporate Disclosure by Allstate Insurance Company identifying Corporate Parent The Allstate Corporation, Corporate Parent Allstate Insurance Holdings LLC for Allstate Insurance Company (Kaul, Christopher) |
| Filing 17 ANSWER to #14 Amended Complaint with Jury Demand by Allstate Insurance Company.Attorney Christopher W. Kaul added to party Allstate Insurance Company(pty:dft).(Kaul, Christopher) |
| Filing 16 SUMMONS Returned Executed; Allstate Insurance Company served on 9/28/2022, answer due 10/19/2022. (Vosbein, Cate) |
Filing 15
HURRICANE IDA CLAIMS - INTERIM PROTECTIVE ORDER. Signed by Magistrate Judge Michael North on 09/14/22.(my)
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| Filing 14 AMENDED COMPLAINT with Jury Demand against Allstate Insurance Company filed by Audrey Martin.(Vosbein, Cate) |
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Filing 13
ORDER: IT IS HEREBY ORDERED that Plaintiff's (third) #12 Amended Complaint and Request for Jury Trial be STRICKEN from the record for failure to comply with the Courts August 30, 2022 #7 Order, the Court's September 1, 2022 #9 Order, and the Court's September 7, 2022 #11 Order. IT IS FURTHER ORDERED that plaintiff, Audrey Martin, shall have until Tuesday, September 13, 2022 to file a comprehensive amended complaint, without further leave of Court, properly setting forth the citizenship particulars of all of the parties, as required to establish that the Court has diversity jurisdiction over this case under 28 U.S.C. 1332(a). The comprehensive amended pleading shall include all of Plaintiff's numbered allegations, as revised, supplemented, and/or amended, which will become the operative complaint in this matter without reference to any other document in the record. Failure to comply with this Order may result in dismissal of the Complaint. Signed by Judge Wendy B Vitter on 9/12/22.(cg) Modified text on 9/13/2022 (mmv).
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| Filing 12 *STRICKEN* AMENDED COMPLAINT with Jury Demand against Allstate Insurance Company filed by Audrey Martin.(Vosbein, Cate) Modified on 9/12/2022 (cg). |
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Filing 11
ORDER: Before the Court is Plaintiff's Second Amended Complaint and Request for Jury Trial (R. Doc. 10), filed by Audrey Martin pursuant to this Court's August 30, 2022 and September 1, 2022 Orders (R. Docs. 7 & 9). The Second Amended Complaint, however, fails to properly allege the citizenship of the parties for purposes of diversity jurisdiction, 28 U.S.C. 1332(a), for the same reasons set forth in the Court's two prior Orders. Specifically, Plaintiff has repeatedly failed to allege what FORM of entity the defendant, Allstate Insurance Company, is, alleging only that it is "a private foreign insurance company." IT IS HEREBY ORDERED that the Second Amended Complaint (R. Doc. 10) is STRICKEN from the record for failure to comply with the Courts August 30, 2022 and September 1, 2022 Orders (R. Docs. 7 & 9). IT IS FURTHER ORDERED that plaintiff, Audrey Martin, shall have two (2)days from the date of this Order to file a comprehensive amended complaint, without further leave of Court, properly setting forth the citizenship particulars of all of the parties, as required to establish that the Court has diversity jurisdiction over this case under 28 U.S.C. 1332(a). Failure to comply with this Order may result in dismissal of the Complaint. Signed by Judge Wendy B Vitter on 9/7/22.(cg)
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| Filing 10 *STRICKEN* Second AMENDED COMPLAINT with Jury Demand against Allstate Insurance Company filed by Audrey Martin.(Vosbein, Cate) Modified on 9/7/2022 (cg). |
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Filing 9
ORDER - Before the Court is Plaintiff's First Amended Complaint and Request for Jury Trial (R. Doc. 8), filed by Audrey Martin pursuant to this Court's August 30, 2022 Order. (R. Doc. 7). The First Amended Complaint, however, fails to properly allege the citizenship of the parties for purposes of diversity jurisdiction, 28 U.S.C. 1332(a), for the same reasons set forth in the Court's prior Order. Accordingly, IT IS HEREBY ORDERED that the First Amended Complaint (R. Doc. 8) be STRICKEN from the record for failure to comply with the Court's August 30, 2022 Order (R. Doc. 7). IT IS FURTHER ORDERED that plaintiff, Audrey Martin, shall have five (5) days from the date of this Order to file a comprehensive amended complaint, without further leave of Court, properly setting forth the citizenship particulars of all of the parties, as required to establish that the Court has diversity jurisdiction over this case under 28 U.S.C. 1332(a). Failure to comply with this Order may result in dismissal of the Complaint. Signed by Judge Wendy B Vitter on 9/1/22.(cg)
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| Filing 8 *STRICKEN* AMENDED COMPLAINT with Jury Demand against Allstate Insurance Company filed by Audrey Martin.(Vosbein, Cate) Modified text on 8/31/2022 (mmv). Modified on 9/7/2022 (cg). |
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Filing 7
ORDER: IT IS HEREBY ORDERED that plaintiff, Audrey Martin, shall have seven (7) days from the date of this Order to file a comprehensive amended complaint, without further leave of Court, properly setting forth the citizenship particulars of all of the parties, as required to establish that the Court has diversity jurisdiction over this case under 28 U.S.C. 1332(a) as set forth in document. The comprehensive amended pleading shall include all of Plaintiff's numbered allegations, as revised, supplemented, and/or amended, which will become the operative complaint in this matter without reference to any other document in the record. Failure to comply with this Order may result in dismissal of the Complaint. Signed by Judge Wendy B Vitter on 8/30/2022.(mmv)
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Filing 6
HURRICANE IDA CLAIMS - CASE MANAGEMENT ORDER NO. 1. Signed by Chief Judge Nannette Jolivette Brown on 8/26/22.(mmm) (Main Document 6 replaced on 8/31/2022 to correct Exhibit A) (my).
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| Filing 5 Summons Issued as to Allstate Insurance Company. (mmm) |
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Filing 4
ORDER OF RECUSAL - Judge Jane Triche Milazzo recused. Case reassigned to Judge Wendy B Vitter. Signed by Judge Jane Triche Milazzo on 8/29/2022. (NEF: Section D) (sa)
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Filing 3
ORDER REASSIGNING CASE. Case reassigned to Judge Jane Triche Milazzo. Judge Lance M Africk no longer assigned to case. Signed by Judge Lance M Africk on 8/26/2022.(blg)
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| Filing 2 Initial Case Assignment to Judge Lance M Africk and Magistrate Judge Karen Wells Roby. (ess) |
| Filing 1 COMPLAINT with jury demand against Allstate Insurance Company (Filing fee $ 402 receipt number ALAEDC-9516124) filed by Audrey Martin. (Attachments: #1 Civil Cover Sheet, #2 Summons)Attorney Cate Biggs Vosbein added to party Audrey Martin(pty:pla).(Vosbein, Cate) |
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