Gathe v. Capitol Preferred Insurance Company, Inc. et al
| Tyrone Gathe |
| Capitol Preferred Insurance Company, Inc., Southern Fidelity Insurance Company and Southern Fidelity Insurance Company, Inc. |
| 3:2022cv00224 |
| April 5, 2022 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 14 ANSWER to #13 Amended Complaint by Southern Fidelity Insurance Company, Inc..(Hill, Michael) |
| Filing 13 FIRST AMENDED COMPLAINT against Capitol Preferred Insurance Company, Inc., Southern Fidelity Insurance Company, Inc., filed by Tyrone Gathe.(LLH) |
Filing 12
ORDER granting #11 Ex Parte MOTION for Leave to File First Amended Complaint, filed by Plaintiff Tyrone Gathe, as the proposed First Amended Complaint for Damages properly identifies the citizenship of all parties in response to the Courts 6 Order. The Clerk of Court is instructed to docket the [11-1] First Amended Complaint for Damages into the record, which will become the operative complaint in this matter. Signed by Magistrate Judge Erin Wilder-Doomes on 5/10/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
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| MOTION(S) REFERRED: #11 Ex Parte MOTION for Leave to File First Amended Complaint . This motion is now pending before the USMJ. (JEG) |
| Filing 11 Ex Parte MOTION for Leave to File First Amended Complaint by Tyrone Gathe. (Attachments: #1 Proposed Pleading, #2 Proposed Pleading)(Houghtaling, Brian) |
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Filing 10
ORDER granting #8 Motion for Extension of Time to File Responsive Pleadings pursuant to Local Civil Rule 7(a). Southern Fidelity Insurance Company responsive pleading due 5/25/2022. Signed by Magistrate Judge Erin Wilder-Doomes on 5/4/2022. (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: #8 MOTION for Extension of Time to File Answer . This motion is now pending before the USMJ. (JEG) |
| Filing 9 Corporate Disclosure Statement by Southern Fidelity Insurance Company identifying Corporate Parent Gulf & Atlantic Insurance Companies, Inc. for Southern Fidelity Insurance Company.. (Hill, Michael) |
| Filing 8 MOTION for Extension of Time to File Answer by Southern Fidelity Insurance Company. (Attachments: #1 Proposed Pleading; Order)(Hill, Michael) |
| Filing 7 Notice to Counsel: In light of the #4 , #5 Summons Returned Executed and the Court's Notice and Order (R. Doc. 6), the Scheduling Conference is reset for 7/21/2022 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 7/7/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
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Filing 6
NOTICE AND ORDER: Plaintiff Tyrone Gathe filed his #1 Complaint for Damages on April 5, 2022, alleging that the basis for subject matter jurisdiction in this case is diversity of citizenship under 28 U.S.C. 1332. The Complaint affirmatively alleges an amount in controversy in excess of $75,000, exclusive of interest and costs. R. Doc. 1, para. 4. However, the Complaint does not adequately allege the citizenship of Plaintiff or Defendants Capitol Preferred Insurance Company, Inc. and Southern Fidelity Insurance Company. The citizenship of an individual, such as Plaintiff, is determined by the individual's domicile, not residency or property ownership. Mas v. Perry, 489 F.2d 1396, 1399 (5th Cir. 1974). The citizenship of a corporation, which Defendants appear to be, is determined by place of incorporation and principal place of business, and both must be affirmatively alleged. See Getty Oil, Div. of Texaco v. Ins. Co. of North America, 841 F.2d 1254, 1259 (5th Cir. 1988). Accordingly, by no later than May 9, 2022, Plaintiff is ORDERED to file a motion for leave to file an amended Complaint that properly alleges the citizenship of each party, and that includes all of Plaintiff's numbered allegations, as revised, supplemented, and/or amended. The amended Complaint will become the operative Complaint in this matter without reference to any other document in the record if the motion for leave to amend is granted. Signed by Magistrate Judge Erin Wilder-Doomes on 5/2/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 5 SUMMONS Returned Executed by Tyrone Gathe. Southern Fidelity Insurance Company served on 4/13/2022, answer due 5/4/2022. (Houghtaling, Brian) |
| Filing 4 SUMMONS Returned Executed by Tyrone Gathe. Capitol Preferred Insurance Company, Inc. served on 4/13/2022, answer due 5/4/2022. (Houghtaling, Brian) |
| Filing 3 Summons Issued as to Capitol Preferred Insurance Company, Inc., Southern Fidelity Insurance Company. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (NLT) |
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Filing 2
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 5/26/2022 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 5/12/2022. Signed by Magistrate Judge Erin Wilder-Doomes on 4/6/2022. (BLR)
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| Filing 1 COMPLAINT against Capitol Preferred Insurance Company, Inc., Southern Fidelity Insurance Company ( Filing fee $ 402 receipt number ALAMDC-2413665.), filed by Tyrone Gathe. (Attachments: #1 Attachment Civil Cover Sheet, #2 Attachment Summons, #3 Attachment Summons)(Houghtaling, Brian) |
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