Izaguirre v. Frog Legs, L.L.C., et al
| Jose Izaguirre |
| Frog Legs, L.L.C. doing business as Boudreaux and Thibodeaux |
| 3:2022cv00361 |
| June 3, 2022 |
| US District Court for the Middle District of Louisiana |
| Brian A Jackson |
| Erin Wilder-Doomes |
| P.I.: Other |
| 28 U.S.C. ยง 1346 Tort Claim |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 22, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 SUMMONS Returned Executed by Jose Izaguirre. Jose Izaguirre served on 6/8/2022, answer due 6/29/2022. (DeMarcay, Lawrence) |
Filing 10
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 9/15/2022 at 02:30 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 9/1/2022. Signed by Magistrate Judge Erin Wilder-Doomes on 6/13/2022. (BLR)
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| Filing 8 Summons Issued as to Frog Legs, L.L.C.. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (EDC) |
| Filing 9 AMENDED COMPLAINT against Frog Legs, L.L.C., filed by Jose Izaguirre.(LLH) |
| Filing 7 Summons Submitted as to Frog Legs, LLC (DeMarcay, Lawrence) |
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Filing 6
ORDER granting #5 Jose Izaguirre's Motion to Substitute Pleadings, which seeks to substitute R. Docs. 5-2, 5-3, and 5-4 for R. Docs. 4, 4-1 and 4-2 to correct a deficiency in the initial filing. The Clerk of Court shall substitute R. Docs. 5-2, 5-3, and 5-4 for R. Docs. 4, 4-1 and 4-2 in the record. IT IS FURTHER ORDERED that, after substitution, the #4 Jose Izaguirre's Motion for Leave to File Amended Complaint is GRANTED as the Motion was filed in response to the Court's 3 Notice and Order to correct citizenship allegations as to Defendant Frog Legs, L.L.C. d/b/a Boudreaux and Thibodeaux. The Clerk of Court is instructed to docket the [4-2] as-substituted Amended Complaint, which will become the operative complaint of Plaintiff Jose Izaguirre 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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| Filing 5 Ex Parte MOTION to Substitute Pleadings submitted as Document 4 by Jose Izaguirre. (Attachments: #1 Proposed Order on Motion to Substitute Pleading, #2 Motion for Leave, #3 Proposed Order on Motion for Leave, #4 Proposed Pleading; Proposed Amended Complaint)(DeMarcay, Lawrence) |
| Filing 4 MOTION for Leave to File Amended Complaint by Jose Izaguirre. (Attachments: #1 Proposed Pleading; Amended Complaint, #2 Proposed Order)(DeMarcay, Lawrence) Modified on 6/7/202 to replace documents as per Order #6 (LLH). |
| Filing 3 NOTICE AND ORDER: IT IS ORDERED that by no later than 6/13/22 Plaintiff Jose Izaguire 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 Defendant Frog Legs, L.L.C. d/b/a Boudreaux and Thibodeaux. The current allegations that Defendant is a Louisiana limited liability company with its principal place of business in Baton Rouge, Louisiana, which is owned and managed by Chad Hughes, a Louisiana citizen, who also serves as the companys registered agent, are insufficient. To properly allege the citizenship of a limited liability company, 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). While the citizenship of Chad Hughes has been adequately alleged, it is not clear whether Chad Hughes is a member of Defendant, or, if so, whether he is the sole member. The case will be allowed to proceed if Defendants citizenship is adequately established, as the citizenship of Plaintiff has been adequately alleged and as the amount in controversy appears to be met. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD) |
| Filing 2 Summons Issued as to Frog Legs, L.L.C. d/b/a Boudreaux and Thibodeaux. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (EDC) |
| MOTION(S) REFERRED: #4 MOTION for Leave to File Amended Complaint . This motion is now pending before the USMJ. (EDC) |
| Filing 1 COMPLAINT against Jose Izaguire ( Filing fee $ 402 receipt number ALAMDC-2435434.), filed by Jose Izaguire. (Attachments: #1 Civil Cover Sheet, #2 Summons)(DeMarcay, Lawrence) |
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| Plaintiff: Jose Izaguirre | |
| Represented By: | Lawrence Raymond DeMarcay, III |
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| Defendant: Frog Legs, L.L.C. doing business as Boudreaux and Thibodeaux | |
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