Bibbins v. Dover Bay Specialty Insurance Company, et al
| Alicia Bibbins and Morris Bart, LLC |
| Dover Bay Specialty Insurance Company and Member First Mortgage, LLC |
| Hurricane Ida Program Administrator |
| 2:2023cv03312 |
| August 10, 2023 |
| US District Court for the Eastern District of Louisiana |
| Janis van Meerveld |
| Wendy B Vitter |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Defendant |
Docket Report
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| Document Text |
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| Filing 18 Amended Exhibit A to Hurricane Ida Case Management Order. (lag) |
| Filing 17 HURRICANE IDA CLAIMS Third Amendment to CMO No. 1. Signed by Chief Judge Nannette Jolivette Brown on 09/14/2023.(lag) |
| Filing 16 HURRICANE IDA CLAIMS Second Amendment to CMO No. 1. Signed by Chief Judge Nannette Jolivette Brown on 09/12/2023.(lag) |
| Filing 15 ANSWER to #1 Notice of Removal,, with Jury Demand by Dover Bay Specialty Insurance Company.(Tamporello, Marie) |
| Filing 14 Rule 7.1 Disclosure Statement/Statement of Corporate Disclosure by Dover Bay Specialty Insurance Company identifying Corporate Parent State Farm Mutual Automobile Insurance Company for Dover Bay Specialty Insurance Company (Tamporello, Marie) Modified text on 8/25/2023 (mmv). |
| Filing 13 Second Amended Notice of Removal by Dover Bay Specialty Insurance Company re #12 Order . (Tamporello, Marie) Modified text on 8/25/2023 (mmv). |
Filing 12
ORDER - Before the Court is an Amended Notice of Removal, filed by Dover Bay Specialty Insurance Company ("Dover Bay"), pursuant to the Court's August 14, 2023 Order. While the Amended Notice of Removal sufficiently alleges the amoun in controversy and the citizenship of the Plaintiffs and Dover Bay, it still fails to adequately allege the citizenship of Member First Mortgage, LLC ("MFM"). Accordingly, IT IS HEREBY ORDERED that the Amended Notice of Removal #10 be STRICKEN from the record for failure to comply with the Court's August 14, 2023 Order.IT IS FURTHER ORDERED that defendant, Dover Bay Specialty Insurance Company, shall have five (5) days from the date of this Order to file a an amended disclosure statement pursuant to Fed. R. Civ. P. 7.1(a)(2) and to file a comprehensive amended notice of removal, without further leave of Court, properly setting forth the citizenship particulars of all of the parties. Signed by Judge Wendy B Vitter on 8/22/23.(cg)
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| Filing 11 Statement of Corporate Disclosure by Dover Bay Specialty Insurance Company identifying Corporate Parent State Farm Mutual Automobile Insurance Company for Dover Bay Specialty Insurance Company (Tamporello, Marie) |
| Filing 10 *STRICKEN* Amended Notice of Removal by Dover Bay Specialty Insurance Company filed pursuant to Order, rec. doc. 8. (Attachments: #1 Exhibit H - Dover FCU Locations, #2 Exhibit I - Credit Union Registrations)(Tamporello, Marie) Modified text/event on 8/21/2023 (mmv). Modified on 8/22/2023 (cg). |
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Filing 9
TEXT ORDER (No PDF Document Attached) GRANTING #7 Motion to Enroll as Counsel of Record. Foerstner G. Meyer and the firm of Graham, Arceneaux & Allen, LLC are hereby enrolled as counsel of record for defendant, Member First Mortgage, LLC. Signed by Judge Wendy B Vitter on 8/15/23. (fml)
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Filing 8
ORDER - On August 10, 2023, defendant, Dover Bay Specialty Insurance Company ("Dover Bay"), filed a Notice of Removal, asserting that this Court has subject matter jurisdiction over Plaintiffs' Hurricane Ida claims based upon 28 U.S.C. 1332, diversity jurisdiction. While Dover Bay has alleged sufficient facts regarding the amount in controversy and has adequately alleged the citizenship of the plaintiffs, Alicia Bibbins and Morris Bart, LLC, it has failed to adequately allege its own citizenship and the citizenship of defendant, Member First Mortgage, LLC. IT IS FURTHER ORDERED that defendant, Dover Bay Specialty Insurance Company, shall have seven (7) days from the date of this Order to file a disclosure statement pursuant to Fed. R. Civ. P. 7.1(a)(2) and to file a comprehensive amended notice of removal, 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).. Signed by Judge Wendy B Vitter on 8/14/23.(cg)
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| Filing 7 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Member First Mortgage, LLC. (Attachments: #1 Proposed Order)(Meyer, Foerstner) |
| Filing 6 Notice of Compliance to R.D. 4 and Local Rule 3.2 by Dover Bay Specialty Insurance Company re #4 Directive pursuant to 28 U.S.C. 1447(b). (Attachments: #1 Exhibit 1 - State Court Record)(Tamporello, Marie) Modified text on 8/14/2023 (mmv). |
| Filing 5 **DEFICIENT** NOTICE of Appearance by Foerstner Graham Meyer on behalf of Member First Mortgage, LLC. Attorney Foerstner Graham Meyer added to party Member First Mortgage, LLC(pty:dft).(Meyer, Foerstner) Modified on 8/14/2023 (mmv). |
| Filing 4 DIRECTIVE PURSUANT TO 28 U.S.C. 1447(b) re #1 Notice of Removal. By Clerk.(mmv) |
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Filing 3
HURRICANE IDA CLAIMS AMENDED CASE MANAGEMENT ORDER NO. 1 with Addendum. Signed by Chief Judge Nannette Jolivette Brown on 10/25/2022.(mmv)
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| Filing 2 Initial Case Assignment to Judge Wendy B Vitter and Magistrate Judge Janis van Meerveld. (mb) |
| Filing 1 NOTICE OF REMOVAL from 24th JDC, Jefferson Parish, case number 842-447 Div B (Filing fee $ 402 receipt number ALAEDC-10076585) filed by Dover Bay Specialty Insurance Company. (Attachments: #1 Exhibit A - State Court Petition, #2 Exhibit B - Plaintiff's Estimate, #3 Exhibit C - Dover Bay Estimate, #4 Exhibit D - Certificate of Service, #5 Exhibit E - State Court Record, #6 Exhibit F - Service Correspondence, #7 Exhibit G - Payment Letter and Claim Payments, #8 Civil Cover Sheet)Attorney Marie Elizabeth Evans Tamporello added to party Dover Bay Specialty Insurance Company(pty:dft).(Tamporello, Marie) Modified text on 8/11/2023 (mmv). |
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