Turner v. GoAuto Insurance Company
| Robert Mark Turner and GoAuto Insurance Company |
| 3:2021cv00557 |
| September 29, 2021 |
| US District Court for the Middle District of Louisiana |
| Richard L Bourgeois |
| Brian A Jackson |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on January 28, 2022. A more recent docket listing may be available from PACER.
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| Filing 41 RESPONSE in Opposition to #26 MOTION for Summary Judgment filed by GoAuto Insurance Company. (Attachments: #1 Response to Statement of Material Facts)(Burge, Jason) |
Filing 40
REPORT AND RECOMMENDATIONS regarding #8 MOTION to Remand, #10 MOTION to Strike the Declaration of Jason Burge and the Attached Exhibits A-H, #11 MOTION to Strike Declaration of Kerry Berry and #12 Emergency MOTION Motion for Sua Sponte Remand . It is the recommendation of the Magistrate Judge that Plaintiff's #8 Motion to Remand be GRANTED, and the action be REMANDED to the 19th Judicial District Court for East Baton Rouge Parish, Louisiana. IT IS FURTHER RECOMMENDED that the parties be ordered to bear their own costs. IT IS FURTHER RECOMMENDED that Plaintiff's #10 Motion to Strike the Declaration of Jason Bruge and Attached Exhibits A-H, Plaintiff's #11 Motion to Strike Declaration of Kerry Berry, and Plaintiff's #12 Motion for Judicial Notice and Sua Sponte Remand be DENIED AS MOOT. Objections to R&R due by 12/8/2021. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/24/2021. (SWE)
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Filing 39
ORDER denying #34 MOTION for Leave to File Plaintiffs Reply Memorandum. As previously ordered (R. Doc. 28), no further briefing is allowed or necessary. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/18/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
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Filing 38
ORDER denying #32 MOTION for Leave to file Reply. As previously ordered (R. Doc. 28), no further briefing is allowed or necessary. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/18/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
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Filing 37
ORDER granting #35 Motion to Strike 31 Reply to Response to Motion. The Clerk's office shall strike the improperly filed Reply (R. Doc. 31). Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/18/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
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Filing 36
ORDER granting #33 Motion to Strike 30 Reply to Response to Motion. The Clerk's office shall strike the improperly filed Reply (R. Doc. 30). Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/18/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
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| MOTION(S) REFERRED: #34 MOTION for Leave to File Plaintiffs Reply Memorandum (in support of the Motion to Remand Doc. 8) , #35 MOTION to Strike an Incorrectly Filed Document 31 Reply to Response to Motion Plaintiff's Reply Memorandum in Support of Motion to Remand. This motion is now pending before the USMJ. (ELW) |
| Filing 35 MOTION to Strike an Incorrectly Filed Document 31 Reply to Response to Motion Plaintiff's Reply Memorandum in Support of Motion to Remand by Robert Mark Turner. (Sweeney, Neil) |
| Filing 34 MOTION for Leave to File Plaintiffs Reply Memorandum (in support of the Motion to Remand Doc. 8) by Robert Mark Turner. (Attachments: #1 Order - Plaintiffs Motion for Leave to File Plaintiffs Reply Memorandum (in support of the Motion to Remand Doc. 8), #2 Memorandum in Support Plaintiffs Reply Memorandum (in support of the Motion to Remand (Doc. 8))(Sweeney, Neil) Modified on 11/17/2021 to edit the text (NLT). |
| MOTION(S) REFERRED: #32 MOTION for Leave to Motion for Leave to File Plaintiff's Reply Memorandum Concerning Motions to Strike Declarations and Exhibits , #33 MOTION to Strike 30 Reply to Response to Motion, Plaintiff's Reply Memorandum Concerning Motions to Strike Declarations and Exhibits. This motion is now pending before the USMJ. (ELW) |
| Filing 33 MOTION to Strike 30 Reply to Response to Motion, Plaintiff's Reply Memorandum Concerning Motions to Strike Declarations and Exhibits by Robert Mark Turner. (Sweeney, Neil) |
| Filing 32 MOTION for Leave to Motion for Leave to File Plaintiff's Reply Memorandum Concerning Motions to Strike Declarations and Exhibits by Robert Mark Turner. (Attachments: #1 Order for Motion for Leave to File Plaintiff's Reply Memorandum Concerning Motions to Strike Declarations and Exhibits, #2 Memorandum in Support Plaintiff's Reply Memorandum Concerning Motions to Strike Declarations and Exhibits)(Sweeney, Neil) |
| Filing 31 STRICKEN FROM THE RECORD REPLY in Support of #8 MOTION to Remand Plaintiff's Reply Memorandum in Support of Motion to Remand filed by Robert Mark Turner. (Sweeney, Neil) Modified on 11/19/2021 to remove document as it has been stricken by Order # 37 (LLH). |
| Filing 30 STRICKEN FROM THE RECORD REPLY in Support of #11 MOTION to Strike Declaration of Kerry Berry, #10 MOTION to Strike the Declaration of Jason Burge and the Attached Exhibits A-H Plaintiff's Reply Memorandum Concerning Motions to Strike Declarations and Exhibits filed by Robert Mark Turner. (Sweeney, Neil) Modified on 11/19/2021 to remove document as per Order #36 (LLH). |
| Filing 29 SUPPLEMENTAL REPLY to #22 REPLY Memorandum Concerning judicial Notice, Sua Sponte remand, and the #15 Courts Order, filed by Robert Mark Turner. (LLH) |
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Filing 28
ORDER granting #27 MOTION for Leave to Leave to File Supplemental Reply. The Clerk's Office shall enter the Supplemental Reply (R. Doc 27-1) into the record. Plaintiff's pending motions pertaining to the propriety of removal (R. Docs. 8, 10, 11, 12) that have been referred to the undersigned for resolution are fully briefed. No further briefing will be allowed with respect to these motions. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/8/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
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| MOTION(S) REFERRED: #27 MOTION for Leave to File a Supplemental Reply to GoAuto's Memorandum in Response to GoAuto's Memorandum in Response to Court Order of October 13, 2021 (Doc. 15) relating to Operative Petition and Minimal Diversity . This motion is now pending before the USMJ. (NLT) |
| Filing 27 MOTION for Leave to File a Supplemental Reply to GoAuto's Memorandum in Response to GoAuto's Memorandum in Response to Court Order of October 13, 2021 (Doc. 15) relating to Operative Petition and Minimal Diversity by Robert Mark Turner. (Attachments: #1 Plaintiff's Supplemental Reply to GoAuto's Memorandum in Response to Court Order of October 13, 2021 (Doc. 15) relating to Operative Petition and Minimal Diversity (Doc. 16))(Sweeney, Neil) |
| Filing 26 MOTION for Summary Judgment by Robert Mark Turner. (Attachments: #1 Memorandum in Support of Motion for Summary Judgment, #2 Statement of Undisputed Facts Statement of Material Facts, #3 Exhibit A - Defendant's Objections to Requests for Admissions)(Sweeney, Neil) |
| Filing 25 MEMORANDUM in Opposition to #12 Emergency MOTION Motion for Sua Sponte Remand filed by GoAuto Insurance Company. (Burge, Jason) |
| Filing 24 MEMORANDUM in Opposition to #11 MOTION to Strike Declaration of Kerry Berry, #10 MOTION to Strike the Declaration of Jason Burge and the Attached Exhibits A-H filed by GoAuto Insurance Company. (Burge, Jason) |
| Filing 23 MEMORANDUM in Opposition to #8 MOTION to Remand filed by GoAuto Insurance Company. (Burge, Jason) |
| Filing 22 REPLY Memorandum Concerning judicial Notice, Sua Sponte remand, and the #15 Courts Order filed by Robert Mark Turner. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(LLH) Modified on 10/25/2021 to edit the text (NLT). |
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Filing 21
ORDER granting #19 MOTION for Leave to File Reply Memorandum and Exhibits filed by Robert Mark Turner. The Clerks Office shall enter the Reply (R. Doc. 19-1) and the attached exhibits into the record. As stated in the Courts October 13, 2021 Order, briefing on any other issues raised in the Motion to Remand or other motions filed by Plaintiff shall be due within the times set forth in this courts local rules. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 10/21/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
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| Filing 20 ANSWER to Complaint with Jury Demand to First Amended Complaint [Doc. 1-28] by GoAuto Insurance Company.(Burge, Jason) |
| Filing 19 MOTION for Leave to File Reply Memorandum and Exhibits filed by Robert Mark Turner. (Attachments: #1 Concerning judicial Notice, Sua Sponte remand, and the Courts Order, doc. 15, #2 Exhibit Certified Copy of Court Minutes, #3 Exhibit screen shot of Clerk's docket report, #4 Exhibit The Order, #5 Exhibit docket report showing Notice of Filing was sent to GoAuto only, #6 Exhibit Declaration of Andrea Ehrhardt (origin and authenticity of Exhibits))(Sweeney, Neil) Modified on 10/20/2021 to edit the text and replace Attachments 2 and 4 to correct the page orientation (NLT). |
| MOTION(S) REFERRED: #19 MOTION for Leave to File Reply Memorandum and Exhibits. This motion is now pending before the USMJ. (NLT) |
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Filing 18
ORDER granting #17 SEALED Motion for Leave to File Under Seal. The Clerk's Office shall file the attached exhibits under seal. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 10/19/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
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| Filing 17 SEALED MOTION for Leave to File Exhibits to GoAuto Response to Court Order (Rec. Doc. 15) Under Seal by All Defendants. (Attachments: #1 Exhibit Kerry Berry Declaration, #2 Exhibit Jason Burge Declaration, #3 Exhibit A to Jason Burge Declaration, #4 Exhibit B to Jason Burge Declaration, #5 Exhibit C to Jason Burge Declaration, #6 Proposed Order)(Burge, Jason) Modified on 10/18/2021 to edit text (LLH). |
| Filing 16 Memorandum in RESPONSE to #15 Court Order of 10/13/2021 Relating to Operation Petition and Minimal Diversity filed by GoAuto Insurance Company. (Attachments: #1 Exhibit 1 - Notice of Filing Second Supp & Amending Petition, #2 Exhibit 2 - Email and letter serving Second Supp & Amending Petition, #3 Exhibit Kerry Berry Declaration, #4 Exhibit Jason Burge Declaration, #5 Exhibit Ex A to Burge Declaration, #6 Exhibit Ex B to Burge Declaration, #7 Exhibit Ex C to Burge Declaration)(Burge, Jason) Modified on 10/18/2021 to edit the text (NLT). (Additional attachment(s) added on 10/19/2021: #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit) . Modified on 10/19/2021 to add sealed exhibits per Order #18 (LLH). |
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Filing 15
ORDER: Plaintiff's #13 Motion for Expedited Consideration is GRANTED IN PART as provided by the terms of this Order. IT IS FURTHER ORDERED that on or before 10/18/2021, Defendant shall file a memorandum as set forth herein. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 10/13/2021. (SWE)
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Filing 14
ORDER granting #9 Motion to Strike Incorrectly Filed 7 Motion to Remand and Exhibit A. Signed by Judge Brian A. Jackson on 10/12/2021. (LLH)
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| MOTION(S) REFERRED: 7 MOTION to Remand , #9 MOTION to Strike an Incorrectly Filed Document 7 MOTION to Remand , #8 MOTION to Remand . This motion is now pending before the USMJ. (NLT) |
| MOTION(S) REFERRED: 7 MOTION to Remand, #13 Emergency MOTION for Expedited Hearing on #12 Emergency MOTION Motion for Sua Sponte Remand, #8 MOTION to Remand, #9 MOTION to Strike an Incorrectly Filed Document 7 MOTION to Remand, #12 Emergency MOTION Motion for Sua Sponte Remand, #11 MOTION to Strike Declaration of Kerry Berry, #8 MOTION to Remand , #10 MOTION to Strike #1 Notice of Removal. These motions are now pending before the USMJ. (ELW) |
| Filing 13 MOTION for Expedited Hearing on #12 Emergency MOTION Motion for Sua Sponte Remand and, alternatively #8 MOTION to Remand by Robert Mark Turner. (Attachments: #1 Memorandum in Support, #2 Exhibit)(Sweeney, Neil) Modified on 10/13/2021 to edit text (ELW). |
| Filing 12 Motion for Judicial Notice and Sua Sponte Remand by Robert Mark Turner. (Attachments: #1 Memorandum in Support of Sua Sponte Remand, #2 Exhibit Second Amended Petition)(Sweeney, Neil) Modified on 10/13/2021 to edit text (ELW). |
| Filing 11 MOTION to Strike Declaration of Kerry Berry by Robert Mark Turner. (Attachments: #1 Memorandum in Support)(Sweeney, Neil) |
| Filing 10 MOTION to Strike the Declaration of Jason Burge and the Attached Exhibits A-H by Robert Mark Turner. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Sweeney, Neil) Modified on 10/13/2021 to edit text (ELW). |
| Filing 9 MOTION to Strike an Incorrectly Filed Document 7 MOTION to Remand by Robert Mark Turner. (Sweeney, Neil) |
| Filing 8 MOTION to Remand by Robert Mark Turner. (Attachments: #1 Memorandum in Support, #2 Exhibit)(Sweeney, Neil) (Attachment 2 replaced on 10/13/2021) (ELW). Modified on 10/13/2021 to correct page orientation (ELW). |
| Filing 7 STRICKEN FROM THE RECORD MOTION to Remand by Robert Mark Turner. (Attachments: # 1 Exhibit)(Sweeney, Neil) Modified on 10/13/2021 to remove document as it has been stricken by Order #14 (LLH). |
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Filing 6
ORDER granting #5 Motion to Enroll Additional Attorney. Added attorney Danielle Teutonico for GoAuto Insurance Company. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 10/8/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
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| MOTION(S) REFERRED: #5 MOTION to Enroll Danielle Teutonico as Additional Attorney . This motion is now pending before the USMJ. (ELW) |
| Filing 5 MOTION to Enroll Danielle Teutonico as Additional Attorney by GoAuto Insurance Company. (Burge, Jason) |
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Filing 4
ORDER granting #2 SEALED Motion for Leave to File Under Seal. The Clerk of Court shall file Exh. A to the Berry Declaration Under Seal. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 9/30/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
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| Filing 3 Letter to Attorney Jason W. Burge regarding Danielle C. Teutonico who is Co-Counsel for party GoAuto Insurance Company. Attorney is not admitted to practice in LAMD. (LLH) |
| Filing 2 SEALED MOTION for Leave to File Exhibit to Kerry Berry Affidavit Under Seal by GoAuto Insurance Company. (Attachments: #1 Exhibit to Kerry Berry Affidavit)(Burge, Jason) |
| Filing 1 NOTICE OF REMOVAL from 19TH Judicial District Court, Case Number C 678933. (Filing fee $ 402 receipt number ALAMDC-2346834), filed by GoAuto Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Affidavit of Kerry Berry, #3 Exhibit to Affidavit of Kerry Berry, #4 Affidavit of Jason Burge, #5 Exhibit A to Affidavit of Jason Burge, #6 Exhibit B to Affidavit of Jason Burge, #7 Exhibit C A to Affidavit of Jason Burge, #8 Exhibit D to Affidavit of Jason Burge, #9 Exhibit E to Affidavit of Jason Burge, #10 Exhibit F to Affidavit of Jason Burge, #11 Exhibit G to Affidavit of Jason Burge, #12 Exhibit H to Affidavit of Jason Burge, #13 Exhibit A to Notice of Removal, #14 Exhibit A to Notice of Removal, #15 Exhibit A to Notice of Removal, #16 Exhibit A to Notice of Removal, #17 Exhibit A to Notice of Removal, #18 Exhibit A to Notice of Removal, #19 Exhibit A to Notice of Removal, #20 Exhibit A to Notice of Removal, #21 Exhibit A to Notice of Removal, #22 Exhibit A to Notice of Removal, #23 Exhibit A to Notice of Removal, #24 Exhibit A to Notice of Removal, #25 Exhibit A to Notice of Removal, #26 Exhibit A to Notice of Removal, #27 Exhibit B to Notice of Removal, #28 Exhibit C to Notice of Removal, #29 Exhibit D to Notice of Removal, #30 Exhibit E to Notice of Removal)(Burge, Jason) Modified on 9/30/2021 to rotate and replace exhibits 13, 15, 16, and 18 (LLH). ( #31 Sealed Exhibit A) (LLH). Modified on 10/1/2021 to add Sealed Exhibit per Order #4 (LLH). |
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| Defendant: Robert Mark Turner | |
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| Defendant: GoAuto Insurance Company | |
| Represented By: | Jason W. Burge |
| Represented By: | Danielle Teutonico |
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