Rippel et al v. Shelter Mutual Insurance Company
| Jeffrey Rippel, David Rippel and Brian Rippel |
| Shelter Mutual Insurance Company |
| 3:2022cv00142 |
| February 28, 2022 |
| US District Court for the Middle District of Louisiana |
| Brian A Jackson |
| Erin Wilder-Doomes |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Petition for Removal |
| Defendant |
Docket Report
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This docket was last retrieved on April 28, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 Joint STATUS REPORT by All Plaintiffs. (Honeycutt, D.) |
| Filing 6 ANSWER to Complaint with Jury Demand by Shelter Mutual Insurance Company.(Couvillion, Blake) |
| Filing 7 AMENDED NOTICE OF REMOVAL against Shelter Mutual Insurance Company, filed by Shelter Mutual Insurance Company. (Attachments: #1 Attachment, #2 Attachment)(LLH) |
Filing 5
ORDER GRANTING the #4 the Motion for Leave to File Amended Notice of Removal filed by Defendant Shelter Mutual Insurance Company, which seeks leave to file an amended Notice of Removal that complies with the Court's 2 Order and adequately alleges the citizenship of Plaintiffs Jeffery, David, and Brian Rippel. The Clerk of Court is ordered to docket the Amended Notice of Removal at R. Doc. 4-1 into the record of this matter, which shall become the operative Amended Notice of Removal. Signed by Magistrate Judge Erin Wilder-Doomes on 3/11/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #4 MOTION for Leave to Amended Notice of Removal . This motion is now pending before the USMJ. (EDC) |
| Filing 4 MOTION for Leave to File Amended Notice of Removal by Shelter Mutual Insurance Company. (Attachments: #1 Attachment, #2 Exhibit, #3 Exhibit, #4 Proposed Pleading;)(Couvillion, Blake) Modified on 3/11/2022 to edit the text (NLT). |
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Filing 3
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 5/12/2022 at 09:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 4/28/2022. Signed by Magistrate Judge Erin Wilder-Doomes on 3/8/2022. (BLR)
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Filing 2
NOTICE AND ORDER: Review of the #1 Notice of Removal indicates that the basis for subject matter jurisdiction in this case is diversity of citizenship under 28 U.S.C. 1332. R Doc. 1, para. 2. Defendant Shelter Mutual Insurance Company has properly alleged its citizenship as Missouri (place of incorporation and principal place of business). Shelter has also alleged an amount in controversy in excess of $75,000, exclusive of interest and costs, in light of Plaintiffs' petition, which seeks wrongful death and survival damages from Shelter arising from the death of its insured, Gail Rippel, in a motor vehicle accident. R. Doc. 1-4, paras. 5-8 and see R. Doc. 1, para. 5. However, Shelter has failed to properly allege the citizenship of Plaintiffs, the heirs of decedent. The citizenship of an individual is determined by the individual's domicile, not residency. Mas v. Perry, 489 F.2d 1396, 1399 (5th Cir. 1974). Accordingly, by no later than March 14, 2022, Shelter is ORDERED to file a motion for leave to file an amended notice of removal that properly alleges the citizenship of each Plaintiff and that includes all of Shelter's numbered allegations, as revised, supplemented, and/or amended, such that it will become the operative notice of removal in this matter without reference to any other document in the record if the motion for leave is granted. Signed by Magistrate Judge Erin Wilder-Doomes on 3/7/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 1 NOTICE OF REMOVAL from 21ST JDC, Case Number 172855 Division D. (Filing fee $ 402 receipt number ALAMDC-2400693), filed by Shelter Mutual Insurance Company. (Attachments: #1 Attachment, #2 Attachment, #3 Attachment, #4 Exhibit, #5 Exhibit)(Couvillion, Blake) |
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