Woods v. Hooper et al
| Kennedy L. Woods |
| South East Carriers, Inc., Stephen K. Hooper, Travelers Indemnity Company, Travelers Indemnity Company of Connecticut and Travelers Insurance Company |
| 3:2019cv00749 |
| November 1, 2019 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Erin Wilder-Doomes |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on December 23, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 NOTICE of Compliance by Stephen K. Hooper, South East Carriers, Inc., Travelers Indemnity Company of Connecticut (Attachments: #1 Affidavit (Certificate of Entire State Court Record), #2 Attachment Certified State Court Record)(Remondet, Michael) |
| Filing 15 ANSWER to #6 Amended Complaint and Original Complaint by Stephen K. Hooper, South East Carriers, Inc., Travelers Indemnity Company of Connecticut.(Remondet, Michael) |
| Filing 14 NOTICE of Compliance by Kennedy L. Woods to #10 Response by Defendants (Ward, Aub) |
| Filing 13 SEALED Exhibits to #10 Defendant's Memorandum in Response. (NLT) |
Filing 12
ORDER granting #11 SEALED MOTION for Leave to File Ex Parte Motion to File Medical Records Under Seal and SEALED Ex Parte Motion to File Medical Records Under Seal. Signed by Magistrate Judge Erin Wilder-Doomes on 11/20/2019. (NLT)
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| Filing 11 SEALED MOTION for Leave to File Ex Parte Motion to File Medical Records Under Seal by Stephen K. Hooper, South East Carriers, Inc., Travelers Indemnity Company of Connecticut. (Attachments: #1 Proposed Pleading; Ex Parte Motion to File Medical Records Under Seal, #2 Proposed Pleading; Proposed Order, #3 Exhibit A - Medical Records)(Remondet, Michael) |
| Filing 10 MEMORANDUM to 5 Order and #3 Notice and Order filed by Stephen K. Hooper, South East Carriers, Inc., Travelers Indemnity Company of Connecticut. (Remondet, Michael) Modified on 11/20/2019 to edit the text (KAH). |
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Filing 9
ORDER: Defendants' #8 Ex Parte Motion to Extend Deadline to Respond to Notice and Order [Doc 3] and Order [Doc 5] and for Limited Discovery on Issue of Jurisdictional Amount (the "Motion") is DENIED. This Court previously ordered Defendants to file a memorandum and supporting evidence concerning whether the amount in controversy requirement of 28 U.S.C. 1332 is met. R. Doc. 3. By the instant Motion, Defendants assert that they cannot "properly respond" to the Courts order because "[t]he parties have not yet conducted discovery" and therefore Defendants "are not yet in possession of Plaintiff's medical records or other evidence relevant to the amount in controversy." R. Doc. 8, p. 1. The Fifth Circuit has repeatedly stated that "protective" removals are disfavored and has established timing rules that would have allowed Defendants to engage in discovery regarding the amount in controversy prior to removal. See, Chapman v. Powermatic, Inc., 969 F.2d 160, 162 (5th Cir. 1992); Mumfrey v. Powermatic, Inc., 719 F.3d 392, 400 (5th Cir. 2013) (the rule remains that the thirty-day clock is not triggered unless the initial pleading 'affirmatively reveals on its face' that the plaintiff's sought damages exceeding the jurisdictional amount."); Bonvillian v. National Liability & Fire Ins. Co., Civil No. 6:16-1708, 2017 WL 892311, at * 3 (W.D. La. Feb. 1, 2017) ("[i]f the removing defendant does not have facts sufficient to support removal when the original petition is received, it is the removing defendant's responsibility to discover those facts before effecting removal. That is precisely why the 'other paper' removal rule exists, to ensure that removals will not be filed before their factual basis can be proven [by the removing defendant] by a preponderance of the evidence.'"). Signed by Magistrate Judge Erin Wilder-Doomes on 11/18/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 8 Ex Parte MOTION to Extend Deadline to Respond to Notice and Order (Docs 3 and 5) and for Limited Discovery on Issue of Jurisdictional Amount by Stephen K. Hooper, South East Carriers, Inc., Travelers Indemnity Company of Connecticut. (Attachments: #1 Affidavit -Local Rule 7(e) Certificate, #2 Proposed Pleading; Order)(Remondet, Michael) Modified on 11/15/2019 to edit text. (EDC). |
| Filing 7 AMENDED NOTICE OF REMOVAL against Kennedy L. Woods, filed by Travelers Indemnity Company of Connecticut, South East Carriers, Inc., Stephen K. Hooper. (Attachments: #1 Attachment Civil Cover Sheet, #2 Affidavit (Verification), #3 Proposed Pleading; Order, #4 Exhibit A - Petition for Damages (original and amended), #5 Exhibit B - Notice of Filing Amended Notice of Removal)(Remondet, Michael) |
| MOTION(S) REFERRED: #8 Ex Parte MOTION for Extension of Time to File Deadline to Respond to Notice and Order (Docs 3 and 5)Ex Parte MOTION for Discovery (Limited) on Issue of Jurisdictional Amount. This motion is now pending before the USMJ. (EDC) |
| Filing 6 FIRST AMENDED AND SUPPLEMENTAL COMPLAINT against All Defendants, filed by Kennedy L. Woods.(Ward, Aub) Modified on 11/14/2019 to edit the docket text (SWE). |
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Filing 5
ORDER: IT IS HEREBY ORDERED that the 4 Amended Complaint is STRICKEN from the record. In light of the representations in the 4 Amended Complaint, Plaintiff is ORDERED to file, within three (3) days of this Order, a comprehensive amended complaint that: (1) asserts claims against Stephen K. Hooper and deletes all references to Stephen Brooks; and (2) substitutes Travelers Indemnity Company of Connecticut in the place of Travelers Casualty Company. IT IS FURTHER ORDERED that defendants' November 19, 2019 comprehensive Amended Notice of Removal shall include adequate citizenship allegations regarding Travelers Indemnity Company of Connecticut. Signed by Magistrate Judge Erin Wilder-Doomes on 11/13/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 4 STRICKEN FROM THE RECORD AMENDED COMPLAINT against All Defendants, filed by Kennedy L. Woods.(Ward, Aub) Modified on 11/15/2019 to remove the document as it has been stricken in accordance with record document 5 (KAH). |
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Filing 3
NOTICE AND ORDER: By 11/12/2019, Plaintiff shall file an Amended Petition for Damages. By 11/19/2019 Stephen K. Hooper, South East Carriers, Inc. and Travelers Indemnity Company shall file an Amended Notice of Removal. On or before 11/19/2019 Hooper, South East and Travelers Insurance Company shall file a memorandum and supporting evidence concerning amount in controversy. On or before 12/2/2019 Plaintiff shall file either Notice regarding jurisdictional requirements or Motion to Remand. Signed by Magistrate Judge Erin Wilder-Doomes on 11/6/2019. (SWE)
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Filing 2
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 1/23/2020 at 01:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 1/9/2020. Signed by Magistrate Judge Erin Wilder-Doomes on 11/05/2019. (ELW)
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| Filing 1 NOTICE OF REMOVAL from 19th JDC, EBR Parish, Case Number 688365. (Filing fee $ 400 receipt number ALAMDC-2026089), filed by Travelers Indemnity Company, South East Carriers, Inc., Stephen K. Hooper. (Attachments: #1 Attachment Civil Cover Sheet, #2 Affidavit /Verification, #3 Proposed Pleading; Order, #4 Exhibit A - Petition for Damages, #5 Exhibit B - Notice of Filing Notice of Removal)(Remondet, Michael) |
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