Kristof v. Amica Mutual Insurance Company et al
| Matthew Nathan Kristof |
| Amica Mutual Insurance Company and Braiden J Beam |
| 3:2018cv00999 |
| November 6, 2018 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Erin Wilder-Doomes |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 |
| Defendant |
Docket Report
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Filing 13
ORDER TO SHOW CAUSE: On December 7, 2018, Plaintiff was ordered to file either: (1) a memorandum and supporting evidence concerning whether the amount in controversy requirement of 28 U.S.C. 1332 is met; or (2) a Motion to Remand within ten (10) days. R. Doc. 12. Plaintiff failed to timely file either. IT IS HEREBY ORDERED that counsel for Plaintiff shall personally appear on January 14, 2019 at 10:00 a.m. before the Magistrate Judge at the Russell B. Long Federal Building and Courthouse, 777 Florida Street, Courtroom Number 5, in Baton Rouge, Louisiana and SHOW CAUSE why sanctions should not be imposed for failure to comply with the December 7, 2018 Notice. Alternatively, Plaintiff may file either: (1) a memorandum and supporting evidence concerning whether the amount in controversy requirement of 28 U.S.C. 1332 is met; or (2) a Motion to Remand by no later than 12:00 p.m. on January 10, 2019. Signed by Magistrate Judge Erin Wilder-Doomes on 1/2/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 12 NOTICE: In light of the #11 Memorandum in Support that the Amount in Controversy Requirement of 28 U.S.C. 1332 is Met, and further to this Court's November 14, 2018 Notice and Order, Plaintiff shall file either: (1) a memorandum and supporting evidence concerning whether the amount in controversy requirement of 28 U.S.C. 1332 is met; or (2) a Motion to Remand within ten (10) days. See, R. Doc. 5. The show cause hearing set for December 19, 2018 is CANCELED. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
| Set/Reset Deadlines: Memorandum or Motion to Remand shall be filed by 12/17/2018. (LLH) |
| Filing 11 MEMORANDUM in Support That The Amount in Controversy Requirement of 28 U.S.C. 1332 is Met, filed by Amica Mutual Insurance Company. (Attachments: #1 Exhibit Exh1- Petition for Damages)(Kelly, Hilliard) Modified on 12/7/2018 to edit text (LLH). |
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Filing 10
NOTICE AND ORDER: Counsel for Amica Mutual Insurance Company shall personally appear on 12/19/2018 at 10:30 AM and SHOW CAUSE why sanctions should not be imposed for failure to comply with a court order. Alternatively, Amica Mutual Insurance Company may file either: (1) a memorandum and supporting evidence concerning whether the amount in controversy requirement of 28 U.S.C. 1332 is met; or (2) a Notice stating that Amica rests on its position regarding the amount in controversy as set forth in the Supplemental Notice of Removal by no later than 12:00 p.m. on 12/14/2018. Signed by Magistrate Judge Erin Wilder-Doomes on 12/04/2018. (NLT) Modified on 12/4/2018 to edit the text (NLT).
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| Filing 9 Supplemental NOTICE OF REMOVAL against Amica Mutual Insurance Company, Braiden J Beam, filed by Amica Mutual Insurance Company. (Attachments: #1 Exhibit 1 - Petition, #2 Exhibit 2 - Corp Summary, #3 Exhibit 3 - Citation for Amica, #4 Exhibit 4 - Notice of Filing Notice of Removal, #5 Exhibit 5 - Affidavit of Braiden Beam, #6 Exhibit 6 - Police Report, #7 Exhibit 7 - Voter Registration)(NLT) |
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Filing 8
ORDER: The #7 Motion to Supplement Notice of Removal is GRANTED. The clerk is directed to file the Supplemental Notice of Removal (R. Doc. 7-1) and its accompanying exhibits (R. Docs. 7-2 - 7-8) into the record. Signed by Magistrate Judge Erin Wilder-Doomes on 11/20/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 7 MOTION to Supplement Notice of Removal by Amica Mutual Insurance Company. (Attachments: #1 Proposed Pleading; Supplemental Notice of Removal, #2 Exhibit Exh 1- Petition, #3 Exhibit Exh 2- Corp Summary, #4 Exhibit Exh 3- Citation for Amica, #5 Exhibit Exh 4- Notice of Filing Notice of Removal, #6 Exhibit Exh 5-Affidavit of Braiden Beam, #7 Exhibit Exh 6- Police report, #8 Exhibit Exh 7- Voter registration)(Kelly, Hilliard) Modified on 11/19/2018 to edit text (SGO). Modified on 11/19/2018 to rotate pages in attachment 6 (SGO). |
| MOTION(S) REFERRED: #7 MOTION to Supplement Notice of Removal. This motion is now pending before the USMJ. (SGO) |
| Set/Reset Deadlines: Brief due by 12/6/2018. Motions shall be filed by 12/6/2018. (LLH) |
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Filing 6
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 1/24/2019 at 10:30 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 1/10/2019.. Signed by Magistrate Judge Erin Wilder-Doomes on 11/14/2018. (NLT)
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Filing 5
NOTICE AND ORDER: Amica Mutual Insurance Company shall file, within seven (7) days a Motion to Substitute its Notice of Removal with a comprehensive Notice of Removal that adequately alleges Plaintiffs citizenship. No further leave of court is required to file the Motion to Substitute. Further, Amica Mutual Insurance Company shall file a memorandum and supporting evidence concerning whether the amount in controversy requirement of 28 U.S.C. 1332 is met, within ten (10) days. Plaintiff shall file either: (1) a memorandum and supporting evidence concerning whether the amount in controversy requirement of 28 U.S.C. 1332 is met; or (2) a Motion to Remand within ten (10) days after the filing of the Defendants memorandum regarding subject matter jurisdiction. Signed by Magistrate Judge Erin Wilder-Doomes on 11/14/2018.(NLT)
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| Filing 4 NOTICE of Filing Certified Copy of State Court Record by Amica Mutual Insurance Company re #1 Notice of Removal, (Attachments: #1 Exhibit certified state pleadings)(Kelly, Hilliard) (Attachment 1 replaced on 11/14/2018 to correct the page orientation ) (NLT). |
| Filing 3 Defendant's ANSWER to Complaint with Jury Demand by Amica Mutual Insurance Company.(Kelly, Hilliard) |
| Filing 2 Letter to Attorney Jeffrey Scott Loeb regarding Rachael Fajoni who is Co-Counsel for party Amica Mutual Insurance Company. Attorney is not admitted to practice in LAMD. (EDC) |
| Filing 1 NOTICE OF REMOVAL from 19th Judicial District, Case Number 674479. (Filing fee $ 400 receipt number ALAMDC-1857927), filed by Amica Mutual Insurance Company. (Attachments: #1 civil cover sheet, #2 Exhibit Exh 1- Petition, #3 Exhibit Exh 2- Corp Summary, #4 Exhibit Exh 3- Citation for Amica, #5 Exhibit Exh 4- Notice of Filing Notice of Removal, #6 Exhibit Exh 5-Affidavit of Braiden Beam)(Kelly, Hilliard) |
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