Narayani Hotel, LLC v. AmGUARD Insurance Company
| Narayani Hotel, LLC |
| AmGUARD Insurance Company |
| 3:2022cv00345 |
| May 26, 2022 |
| US District Court for the Middle District of Louisiana |
| Brian A Jackson |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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Filing 14
ORDER granting #13 Motion to Enroll Additional Attorney. Added attorney John William Houghtaling, II for Narayani Hotel, LLC. Signed by Magistrate Judge Erin Wilder-Doomes on 7/21/2022. (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: #13 MOTION to Enroll John W. Houghtaling, II as Additional Attorney . This motion is now pending before the USMJ. (BLR) |
| Filing 13 MOTION to Enroll John W. Houghtaling, II as Additional Attorney by Narayani Hotel, LLC (Attachments: #1 Proposed Order)(Robert, Austin) |
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Filing 12
ORDER granting #11 Motion to Enroll Counsel of Record. Added attorney John W. Joyce, Laurence D. LeSueur, Jr., Christine M. Calogero, Chloe Marie Chetta and Lance William Waters for AmGUARD Insurance Company. Signed by Magistrate Judge Erin Wilder-Doomes on 7/11/2022. (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: #11 MOTION to Enroll John W. Joyce, Laurence D. LeSueur, Jr., Christine M. Calogero, Chloe M. Chetta, and Lance W. Waters as Attorney (s) of Record. This motion is now pending before the USMJ. (JEG) |
| Filing 11 MOTION to Enroll John W. Joyce, Laurence D. LeSueur, Jr., Christine M. Calogero, Chloe M. Chetta, and Lance W. Waters as Attorney (s) of Record by AmGUARD Insurance Company (Attachments: #1 Proposed Order)(Joyce, John) |
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Filing 10
ORDER granting #8 Motion to Withdraw the Appearance of John W. Houghtaling II as counsel of record for Plaintiff Narayani Hotel, L.L.C. John W. Houghtaling II shall be terminated as counsel of record for Plaintiff. Skye S. Fantaci, Kevin R. Sloan, Jennifer Perez, and Austin T. Robert shall remain as counsel for Plaintiff from the law firm Gauthier, Murphy & Houghtaling, LLC. Signed by Magistrate Judge Erin Wilder-Doomes on 7/1/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
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| Filing 9 WAIVER OF SERVICE Returned Executed by Narayani Hotel, LLC. AmGUARD Insurance Company waiver sent on 6/24/2022, answer due 8/23/2022. (Robert, Austin) |
| MOTION(S) REFERRED: #8 MOTION for John W. Houghtaling, II to Withdraw as Attorney . This motion is now pending before the USMJ. (JEG) |
| Filing 8 MOTION for John W. Houghtaling, II to Withdraw as Attorney by Narayani Hotel, LLC (Attachments: #1 Proposed Order)(Houghtaling, John) |
| Filing 7 AMENDED COMPLAINT against AmGUARD Insurance Company, filed by Narayani Hotel, LLC.(LLH) |
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Filing 6
ORDER: Before the Court is a #5 Moton for Leave to File First Amended Complaint, filed by Plaintiff Narayani Hotel, L.L.C. The Motion was filed in response to the Courts 4 Notice and Order requiring clarification as to the parties citizenship as subject matter jurisdiction is alleged under 28 U.S.C. 1332. As the proposed amended complaint properly alleges the citizenship of all parties, the Motion is GRANTED. The Clerk of Court is instructed to file the [5-2] Amended Complaint for Declaratory Judgment and Damages, which will become Plaintiffs operative complaint in this matter. Signed by Magistrate Judge Erin Wilder-Doomes on 06/06/2022. (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: #5 Ex Parte MOTION for Leave to File Amended Complaint . This motion is now pending before the USMJ. (JEG) |
| Filing 5 Ex Parte MOTION for Leave to File Amended Complaint by Narayani Hotel, LLC. (Attachments: #1 Attachment Proposed Order, #2 Proposed Pleading;, #3 Attachment)(Robert, Austin) |
| Filing 4 NOTICE AND ORDER: IT IS ORDERED that by no later than 6/3/22 Plaintiff Narayani Hotel, L.L.C. shall file a Motion for Leave to Amend the #1 Complaint, 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 Plaintiff and Defendant AmGuard Insurance Company. To properly allege the citizenship of a limited liability company, such as Plaintiff, a party must identify each of the members of a limited liability company and allege the citizenship of each member in accordance with the requirements of 28 U.S.C. 1332(a) and (c). Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008). The same requirement applies to any member of a limited liability company which is also a limited liability company. See Turner Bros. Crane and Rigging, LLC v. Kingboard Chemical Holding Ltd., No. 06-88, 2007 WL 2848154, at *4 (M.D. La. 9/24/07). General allegations that do not specifically identify each member are insufficient. Truxillo v. American Zurich Ins. Co., No. 16-369, 2016 WL 6987127, at *6 (M.D. La. Oct. 24, 2016) (citation omitted). The allegation that Plaintiff is a limited liability company domiciled in Louisiana whose members are all citizens of Louisiana is insufficient because it does not specifically identify the members of Plaintiff or allege the citizenship of each as required. Relatedly, it is not clear whether the allegation that AmGuard is a foreign insurer domiciled in Pennsylvania with a principal place of business in Pennsylvania is intended to indicate that Defendants place of incorporation is Pennsylvania as required by 28 U.S.C. 1332(c). The case will be allowed to proceed if the parties' citizenships are adequately established as the amount in controversy appears to be met. R. Doc. 1, para. 5. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD) |
| Filing 3 Summons Issued as to AmGUARD Insurance Company. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (JEG) |
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Filing 2
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 9/15/2022 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 9/1/2022. Signed by Magistrate Judge Erin Wilder-Doomes on 5/26/2022. (BLR)
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| Filing 1 COMPLAINT against AmGUARD Insurance Company ( Filing fee $ 402 receipt number ALAMDC-2433158.), filed by Narayani Hotel, LLC. (Attachments: #1 Attachment- Civil Cover Sheet, #2 Attachment- Summons)(Robert, Austin) Modified on 5/27/2022 to reflect attachment descriptions (JEG). |
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