Cole v. Great West Casualty Company et al
| Gerald Cole |
| Great West Casualty Company, Scott Julius, Julius Trucking, GoAuto Insurance Company and George Cole |
| 3:2022cv00314 |
| May 16, 2022 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Brian A Jackson |
| Scott D Johnson |
| Erin Wilder-Doomes |
| Motor Vehicle |
| 28 U.S.C. § 1446 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on July 5, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 Certificate of Interested Parties by Great West Casualty Company, Scott Julius, Julius Trucking identifying Other Affiliate Rebecca A Cunard, Other Affiliate Great West Casualty Company, Other Affiliate Raven Fielding, Other Affiliate George Cole, Other Affiliate Julius Trucking, Other Affiliate Gerald Cole, Other Affiliate Duplass Law Firm, Other Affiliate Daniel S. Foley, Other Affiliate Julius Scott for Great West Casualty Company, Julius Trucking, Scott Julius. (JEG) |
| Filing 12 ANSWER to Complaint with Jury Demand by Scott Julius, Julius Trucking. (Attachments: #1 Attachment Certificate of Interested Persons)(Fielding, Raven) |
Filing 11
ORDER REASSIGNING CASE. Case reassigned to Judge Brian A. Jackson and Magistrate Judge Scott D. Johnson for all further proceedings. Judge John W. deGravelles, Magistrate Judge Erin Wilder-Doomes no longer assigned to case. Signed by Judge John W. deGravelles on 6/6/2022. (JEG)
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Filing 10
ORDER: IT IS ORDERED that the #6 Motion for Leave to File Documents Under Seal by All Defendants is GRANTED for good cause, as the documents to be filed under seal consist of Plaintiff's medical records. The Clerk of Court is directed to docket the medical records at R. Doc. 6-2 UNDER SEAL as part of Exhibit B at R. Doc. 9-2 attached to the #9 Amended Notice of Removal. 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.) (BLR)
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| Filing 9 AMENDED NOTICE OF REMOVAL, filed by Julius Trucking, Scott Julius, Great West Casualty Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(LLH) ( #7 Medical Records) . Modified on 5/25/2022 to add sealed medical records per Order #10 (LLH). |
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Filing 8
ORDER granting #5 MOTION for Leave to File Revised/Amended Notice of Removal, filed by Defendants Great West Casualty Co., Scott Julius and Julius Trucking. The Motion was filed in compliance with the Courts 4 Notice and Order to provide amended citizenship allegations, and includes as an exhibit the signed state court order dismissing George Cole and GoAuto Insurance Company from the suit prior to removal. The Clerk of Court is directed to docket the [5-2] Amended/Revised Notice of Removal, with attached exhibits at R. Docs. 5-3 through 5-8, which will become the operative Notice of Removal in this matter. Signed by Magistrate Judge Erin Wilder-Doomes on 5/23/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
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Filing 7
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 9/1/2022 at 01:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 8/18/2022. Signed by Magistrate Judge Erin Wilder-Doomes on 5/19/2022. (BLR)
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| Filing 6 MOTION for Leave to File Documents Under Seal by All Defendants. (Attachments: #1 Proposed Pleading, #2 Exhibit B - Redacted Meds under seal)(Fielding, Raven) |
| Filing 5 MOTION for Leave to File Revised/Amended Notice of Removal by All Defendants. (Attachments: #1 Proposed Pleading; Proposed Order, #2 Proposed Pleading; Revised/Amended Notice of Removal, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)(Fielding, Raven) |
| MOTION(S) REFERRED: #5 MOTION for Leave to File Revised/Amended Notice of Removal , #6 MOTION for Leave to File DocumentsS Under Seal . These motions are now pending before the USMJ. (BLR) |
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Filing 4
NOTICE AND ORDER: Defendants Julius Trucking, Scott Julius, Great West Casualty Company filed their #1 Notice of Removal on May 16, 2022, alleging that the basis for subject matter jurisdiction in this case is diversity of citizenship under 28 U.S.C. 1332. The Notice of Removal alleges an amount in controversy in excess of $75,000, exclusive of interest and costs based upon the Plaintiff's past medical expenses ($24,655), estimated future medical expenses ($99,634) and recommendation for knee surgery. R. 1, para. 8. The Notice of Removal properly alleges the citizenship of Defendants, i.e., (Great West, Nebraska; Julius Trucking and Scott Julius, South Dakota) However, the Notice of Removal does not adequately allege the citizenship of Plaintiff, as it relies on the allegations of the Petition asserting Plaintiffs residency. R. Doc. 1, para. 14. The citizenship of an individual, such as Plaintiff, 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 May 24, 2022, Defendants are ORDERED to file a motion for leave to file an amended Notice of Removal that properly alleges the citizenship of each party, and that includes all of Defendants numbered allegations, as revised, supplemented, and/or amended. The amended Notice of Removal will become the operative Notice of Removal in this matter without reference to any other document in the record if the motion for leave to amend is granted. IT IS FURTHER ORDERED that as an exhibit to the motion for leave to file the amended Notice of Removal, Defendants shall file the signed state court order dismissing the alleged non-diverse defendant George Cole, as well as GoAuto Insurance Company. Signed by Magistrate Judge Erin Wilder-Doomes on 5/17/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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Filing 3
ORDER denying #2 SEALED Motion for Leave to File Documents Under Seal, filed by Defendant Great West Casualty Company, Scott Julius and Julius Trucking. While good cause may exist, as the Motion represents that the purpose of filing the documents under seal is to protect Plaintiff's privacy, the Motion does not comply with the Court's Administrative Procedures for Filing Electronic Documents, II(A), which requires that the proposed sealed document(s) be attached to a motion for leave to file under seal. The denial is without prejudice to reurging a motion that attaches the documents Defendants seek to have docketed under seal. Signed by Magistrate Judge Erin Wilder-Doomes on 05/17/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
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| Filing 2 SEALED MOTION for Leave to File Redacted Medical Records of Gerald Cole Under Seal by All Defendants. (Attachments: #1 Proposed Pleading;)(Fielding, Raven) |
| Filing 1 NOTICE OF REMOVAL from East Baton Rouge Parish, Case Number 716834. (Filing fee $ 402 receipt number ALAMDC-2428713), filed by Julius Trucking, Scott Julius, Great West Casualty Company. (Attachments: #1 Proposed Pleading; Notice of Removal, #2 Attachment Certificate of Service, #3 Attachment Notice of Compliance, #4 Attachment Conformed State Court Notice of Filing Removal, #5 Exhibit A - Original Petition, #6 Exhibit B - Filed Under Seal, #7 Exhibit C - Motion and Order Partial Judgment of Dismissal George Cole, #8 Exhibit D - Emails from PA to DC re: MTD George Cole)(Fielding, Raven) (Main Document 1 and Attachment 1 replaced on 5/17/2022) (EDC). Modified on 5/17/2022 to correct page orientation. (EDC). |
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