Thomas et al v. Allstate Vehicle and Property Insurance Company
| Austin Z Thomas, Alyssa Szestopalow and Austin Thomas |
| Allstate Vehicle and Property Insurance Company |
| 3:2022cv00275 |
| April 29, 2022 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Brian A Jackson |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Defendant |
Docket Report
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This docket was last retrieved on June 27, 2022. A more recent docket listing may be available from PACER.
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| Filing 18 Notice to Counsel: In light of the attached correspondence to the court advising of a private mediation set for 8/3/2022, the Scheduling Conference is reset for 8/25/2022 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 8/11/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
| Filing 17 ANSWER to #1 Complaint and to #13 Amended Complaint, with Jury Demand by Allstate Vehicle and Property Insurance Company.(Simmons, Matthew) Modified on 6/21/2022 to remove duplicate text (JEG). |
| Filing 16 SUMMONS Returned Executed by Austin Thomas, Alyssa Szestopalow. Allstate Vehicle and Property Insurance Company served on 6/2/2022, answer due 6/23/2022. (Taylor, Jordan) |
| Filing 15 Summons Issued as to Allstate Vehicle and Property Insurance Company. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (JEG) |
| Filing 14 Summons Submitted as to Allstate Vehicle and Property Ins. Co. (Taylor, Jordan) |
| Filing 13 FIRST AMENDED COMPLAINT against Allstate Vehicle and Property Insurance Company, filed by Austin Thomas, Alyssa Szestopalow.(LLH) |
Filing 12
ORDER granting #11 Motion for Leave to File First Amended Complaint, filed by Plaintiffs Austin Thomas and Alyssa Szestopalow pursuant to Fed. R. Civ. P. 15(a). The Clerk of Court is instructed to docket the [11-2] First Amended Complaint, which will become Plaintiffs' operative complaint in this matter. Signed by Magistrate Judge Erin Wilder-Doomes on 05/31/2022. (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 MOTION to Amend . This motion is now pending before the USMJ. (JEG) |
| Filing 11 MOTION to Amend by Alyssa Szestopalow, Austin Thomas. (Attachments: #1 Proposed Pleading; Order, #2 Proposed Pleading; Complaint)(Taylor, Jordan) |
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Filing 10
ORDER denying #9 Motion for Leave to File First Amended Complaint, filed by Plaintiffs Austin Thomas and Alyssa Szestopalow. Although the Motion now attaches a comprehensive proposed amended Complaint, because subject matter jurisdiction is based on diversity, proper information regarding the citizenship of all parties is necessary. Neither the original Complaint, nor the proposed amended Complaint, adequately allege the citizenship of Defendant Allstate Vehicle and Property Insurance Company. Stating that Allstate is a foreign insurance company domiciled in the State of Illinois, is insufficient because Plaintiffs do not expressly allege Allstates place of incorporation or principal place of business as required by 28 U.S.C. 1332(c)(1). See also Getty Oil, Div. of Texaco v. Ins. Co. of North America, 841 F.2d 1254, 1259 (5th. Cir. 1988. The denial is without prejudice to reurging a Motion for Leave to Amend, which attaches a proposed, comprehensive Amended Complaint that includes all of Plaintiffs numbered allegations, as revised, supplemented, and/or amended, and which properly alleges the citizenship of Defendant Allstate Vehicle and Property Insurance Company. Signed by Magistrate Judge Erin Wilder-Doomes on 05/27/2022. (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: #9 First MOTION to Amend Complaint. This motion is now pending before the USMJ. (NLT) |
| Filing 9 First MOTION to Amend Complaint by Alyssa Szestopalow, Austin Thomas. (Attachments: #1 Proposed Pleading; Order, #2 Proposed Pleading; Amended Complaint)(Taylor, Jordan) |
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Filing 8
ORDER denying #7 MOTION for Leave to File First Amended Complaint, filed by Plaintiffs Alyssa Szestopalow and Austin Thomas. Although the Motion is timely under Fed. R. Civ. Proc. 15(a), the proposed First Amended Complaint is not comprehensive. The denial is without prejudice to reurging a motion for leave to file an amended complaint with an attached proposed amended complaint that includes all Plaintiffs' 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 5/24/2022. (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: #7 MOTION for Leave to File Amended Complaint. This motion is now pending before the USMJ. (JEG) |
| Filing 7 MOTION for Leave to File Amended Complaint filed by Austin Thomas, Alyssa Szestopalow. (Attachments: #1 Proposed Order, #2 Proposed Pleading- Amending Pleading)(Taylor, Jordan) Modified event on 5/23/2022 to reflect Motion (JEG). |
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Filing 6
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 7/21/2022 at 11:30 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 7/7/2022. Signed by Magistrate Judge Erin Wilder-Doomes on 5/12/2022. (BLR)
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| Filing 5 SUMMONS Returned Executed by Austin Thomas, Alyssa Szestopalow. Allstate Vehicle and Property Insurance Company served on 5/6/2022, answer due 5/27/2022. (Taylor, Jordan) |
| Filing 4 Summons Issued as to Allstate Vehicle and Property Insurance Company. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (JEG) |
| Filing 3 Summons Submitted as to Allstate Vehicle and Property Ins. Co. (Taylor, Jordan) |
| Filing 2 Letter to Attorney Jordan Zachary Taylor regarding Hannah E. Mayeaux who is Co-Counsel for party Austin Thomas and Alyssa Szestopalow. Attorney is not admitted to practice in LAMD. (EDC) |
| Case Reassigned to Judge John W. deGravelles. Judge Brian A. Jackson no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (LLH) |
| Filing 1 COMPLAINT against Allstate Vehicle and Property Insurance Company ( Filing fee $ 402 receipt number ALAMDC-2422921.), filed by Austin Z Thomas, Alyssa Szestopalow. (Attachments: #1 Attachment Civil Cover Sheet)(Taylor, Jordan) |
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