Horton v. Fisher et al
| Dwight Horton |
| St. Paul Fire & Marine Insurance, Transport Risk Solutions Risk Retention Group, LLC, Travelers Insurance Company, KLLM Transport Services, LLC, Rickey Dean Fisher and Transport Risk Solutions Risk Retention Group, Inc. |
| 3:2019cv00272 |
| May 3, 2019 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Erin Wilder-Doomes |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.
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Filing 17
NOTICE AND ORDER: IT IS ORDERED that the #15 Motion to Substitute Notice of Removal filed by Defendants KLLM Transport Services, LLC and Transport Risk Solutions Risk Retention Group, Inc. is GRANTED, as the proposed Amended Notice of Removal properly pleads the citizenship of all parties and the record reflects that there is complete diversity of citizenship among the parties and the amount in controversy is met. Accordingly, the clerk is directed to substitute the [15-2] Amended Notice of Removal in the place of R. Doc. #1 , which shall become the operative notice of removal in this matter. Signed by Magistrate Judge Erin Wilder-Doomes on 6/20/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 16 STATUS REPORT by Dwight Horton. (Hill, Dathan) |
| MOTION(S) REFERRED: #15 MOTION to Substitute Notice of Removal . This motion is now pending before the USMJ. (KMW) |
| Filing 15 MOTION to Substitute Notice of Removal by KLLM Transport Services, LLC, Transport Risk Solutions Risk Retention Group, Inc.. (Attachments: #1 proposed order, #2 Proposed Pleading;, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Truitt, Jack) (Attachment 5 replaced on 6/19/2019 to correct page orientation) (KMW). |
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Filing 14
NOTICE AND ORDER: The #10 Joint Motion to Substitute Party, filed jointly by Plaintiff Dwight Horton and Removing Defendants Transport Risk Solutions Risk Retention Group, Inc. and KLLM Transport Services, LLC asserts that, pursuant to additional investigation into the citizenship of defendants, the parties have learned that the correct entity defendant is "Transport Risk Solutions Risk Retention Group, Inc.," ("Transport Risk Inc.") a C- corporation with its place of incorporation and principal place of business in South Carolina and thus diverse from Plaintiff, a Louisiana citizen, rather than the named defendant "Transport Risk Solutions Risk Retention Group, LLC," ("Transport Risk LLC"), who the parties agree is a "mistakenly named defendant." The parties thus jointly request to substitute Transport Risk Inc. in the place of Transport Risk LLC. The Court finds that the foregoing asserts good grounds in support of the substitution of Transport Risk Inc. as the proper party defendant, who is alleged to be diverse from plaintiff as set forth above, and therefore the #10 Joint Motion to Substitute is GRANTED. The clerk is directed to substitute Transport Risk Solutions Risk Retention Group, Inc. as the proper party defendant in this matter, including the case caption, in the place of Transport Risk Solutions Risk Retention Group, LLC. Review of the docket reflects that Removing Defendants have not complied with that portion of the Court's #9 May 24, 2019 Order to re-file a Motion to Substitute Notice of Removal to adequate plead the citizenship of Defendant KLLM Transport Services, LLC, and in particular, the domicile of the trustee, so that the Court can determine if complete diversity of citizenship exists. Accordingly, by no later than June 20, 2019, Removing Defendants are ORDERED to file a Motion to Substitute their Notice of Removal with a proposed pleading that is a comprehensive amended Notice of Removal, which adequately alleges the citizenship of all parties to establish that the Court has diversity jurisdiction over the case and which will become the operative Notice of Removal in this matter without reference to any other document in the record Signed by Magistrate Judge Erin Wilder-Doomes on 6/13/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 13 Notice to Counsel: In light of the #12 Consent to Removal, the June 28, 2019 Show Cause Hearing is CANCELED. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
| Set/Reset Deadlines: Amended Pleadings due by 6/20/2019. (SWE) |
| Filing 12 Consent to Removal by Dwight Horton (Hill, Dathan) |
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Filing 11
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that Plaintiff Dwight Horton is ordered to appear through counsel and show cause on June 28, 2019 at 11:00 a.m. in Courtroom 5 before Magistrate Judge Erin Wilder-Doomes why sanctions should not be imposed for failure to comply with the Courts #3 May 9, 2019 Order, ordering Plaintiff to either file a Notice that Plaintiff does not dispute that Defendants have established the jurisdictional requirements of 28 U.S.C. 1332 or a Motion to Remand. In lieu of appearing for the show cause hearing, Plaintiff shall comply with the #3 Order by no later than June 25, 2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 10 Joint MOTION for Leave to Substitute Party by KLLM Transport Services, LLC, Transport Risk Solutions Risk Retention Group, LLC. (Attachments: #1 Order)(Truitt, Jack) |
| MOTION(S) REFERRED: #10 Joint MOTION for Leave to Substitute Party . This motion is now pending before the USMJ. (KMW) |
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Filing 9
NOTICE AND ORDER: The #5 MOTION to Substitute Notice of Removal is DENIED WITHOUT PREJUDICE to defendants' re-filing a Motion to Substitute that corrects the deficiencies set forth herein. Signed by Magistrate Judge Erin Wilder-Doomes on 5/24/2019. (SWE)
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Filing 8
IT IS ORDERED that the #6 Motion to Substitute Motion to Substitute Notice of Removal filed by Defendants KLLM Transport Services, LLC and Transport Risk Solutions Risk Retention Group, LLC is HEREBY GRANTED. The clerk is directed to substitute R. Doc. [6-2] in the place of pages 1 and 2 of R. Doc. #5 . Signed by Magistrate Judge Erin Wilder-Doomes on 5/21/2019. This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 7 MEMORANDUM in Support of Amount in Controversy #3 Order. filed by KLLM Transport Services, LLC, Transport Risk Solutions Risk Retention Group, LLC. (Attachments: #1 Exhibit)(Truitt, Jack) Modified on 5/21/2019 o edit text (ELW). |
| MOTION(S) REFERRED: #6 MOTION to Substitute Motion to Substitute Notice of Removal . This motion is now pending before the USMJ. (EDC) |
| Filing 6 MOTION to Substitute Motion to Substitute Notice of Removal by KLLM Transport Services, LLC, Transport Risk Solutions Risk Retention Group, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading;)(Truitt, Jack) |
| MOTION(S) REFERRED: #5 MOTION to Substitute Notice of Removal . This motion is now pending before the USMJ. (KAH) |
| Filing 5 MOTION to Substitute Notice of Removal by KLLM Transport Services, LLC, Transport Risk Solutions Risk Retention Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Truitt, Jack) (Main Document 5 replaced on 5/22/2019 in accordance with RD 8) (SWE). |
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Filing 4
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 7/11/2019 at 03:00 PM in chambers. Status Report due by 6/27/2019. Signed by Magistrate Judge Erin Wilder-Doomes on 5/9/2019. (SWE)
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Filing 3
NOTICE AND ORDER: On or before May 16, 2019, Defendants KLLM Transport Services, LLC and Transport Risk Solutions Risk Retention Group, LLC shall file a motion to substitute their Notice of Removal with a proposed pleading that is a comprehensive amended Notice of Removal, which adequately alleges the citizenship of all parties to establish that the Court has diversity jurisdiction over the case and which will become the operative Notice of Removal in this matter without reference to any other document in the record. On or before May 23,2019, Removing Defendants shall file a memorandum and supporting evidence concerning whether the amount in controversy requirement of 28 U.S.C. Section 1332 is met. On or before June 6, 2019, Plaintiff, Dwight Horton shall file either (1) a Notice stating that Plaintiff does not dispute that Removing Defendants have established the jurisdictional requirements of 28 U.S.C. Section 1332; or (2) a Motion to Remand. The case will be allowed to proceed if jurisdiction is adequately established. Signed by Magistrate Judge Erin Wilder-Doomes on 5/9/2019. (EDC)
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| Filing 2 Letter to Attorney Jack E Truitt regarding Nancy N Butcher who is Co-Counsel for party Transport Risk Solutions Risk Retention Group, LLC and KLLM Transport Services, LLC. Attorney is not admitted to practice in LAMD. (NLT) |
| Filing 1 NOTICE OF REMOVAL from 18th Judicial District Court, Case Number 78494. (ALAMDC-1936561, Fee $400), filed by Transport Risk Solutions Risk Retention Group, LLC, KLLM Transport Services, LLC. (Attachments: #1 Attachment Civil Cover Sheet, #2 Affidavit, #3 Attachment Certificate of Service, #4 Exhibit "A" State Court Record, #5 Exhibit "B" Citations, #6 Exhibit "C" Discovery Responses of Plaintiff)(Truitt, Jack) Modified on 5/6/2019 to edit the text to include the receipt number and to replace attachment 6 to correct the page orientation. (NLT). (Main Document 1 replaced on 6/24/2019) (ELW). Modified on 6/24/2019 as granted by rec doc #17 (ELW). |
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