Wiley v. Viatris, Inc. et al
| Jaquetta Wiley |
| Viatris, Inc., Zurich American Insurance Company and Cassidy Hammer |
| Dwayne Burrell |
| 3:2022cv00534 |
| August 5, 2022 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 11, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 9 SUPPLEMENT #1 Notice of Removal. Exhibit 4 - - Medical Records from Northeast Imaging (Attachments: #1 Exhibit 5 - Medical Records from Louisiana Pain Care, #2 Exhibit 6 - Medical Records from Arlamiss Surgery Center, #3 Exhibit 7 - Statement from Elite Healthcare Alliance)(NLT) |
Filing 8
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 11/10/2022 at 01:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 10/27/2022. Signed by Magistrate Judge Erin Wilder-Doomes on 8/11/2022. (BLR)
|
|
Filing 7
ORDER granting #4 Motion to Supplement #1 Removal to Provide Evidence the Value Could Exceed $75,000. The clerk is directed to add R. Docs. 4-1 through 4-4 as additional exhibits to the #1 Notice of Removal. Signed by Magistrate Judge Erin Wilder-Doomes on 8/11/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
|
| MOTION(S) REFERRED: #4 Motion to Supplement #1 Removal to Provide Evidence the Value Could Exceed $75,000. This motion is now pending before the USMJ. (BLR) |
| Filing 6 ANSWER to Complaint with Jury Demand by Viatris, Inc..(Grace, Patrick) |
| Filing 5 ANSWER to Complaint with Jury Demand by Zurich American Insurance Company.(Grace, Patrick) |
| Filing 4 Motion to Supplement #1 Removal to Provide Evidence the Value Could Exceed $75,000. filed by Zurich American Insurance Company. (Attachments: #1 Exhibit Exh 4, #2 Exhibit Exh 5, #3 Exhibit Exh 6, #4 Exhibit Exh 7)(Grace, Patrick) Modified on 8/10/2022 to edit event type and text (ELW). Modified to edit text on 8/11/2022 (BLR). |
|
Filing 3
ORDER: Defendant Zurich American Insurance Company removed this case to this Court on August 5, 2022 alleging subject matter jurisdiction under 28 U.S.C. 1332. The Notice of Removal adequately alleges the citizenship of the parties, who appear to be diverse. In support of amount in controversy, the #1 Notice of Removal alleges that Plaintiff's past medical treatment for a bulging lumbar disc totals $38,219. Zurich offers to provide medical records and bills, if ordered by the Court. Because it is not facially apparent from the Petition that Plaintiff's damages likely exceed $75,000, exclusive of interests and costs, Zurich must meet that burden by a preponderance of the evidence. While "summary judgment-type evidence" can be considered in support of removal (see, Manguno v. Prudential Prop. and Cas. Ins. Co., 276 F.3d 720, 723 (5th Cir. 2002) (citations omitted)), counsel's arguments or statements in briefs are not "summary judgment-type evidence." Accordingly, by no later than August 15, 2022, Zurich shall file a motion to supplement the #1 Notice of Removal to attach documentation of Plaintiff's past medical expenses and any other evidence in support of amount in controversy. Signed by Magistrate Judge Erin Wilder-Doomes on 8/8/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
|
| Filing 2 Letter to Attorney Dwayne Burrell who is lead counsel for party Jaquetta Wiley. Attorney is not admitted to practice in LAMD. (NLT) |
| Filing 1 NOTICE OF REMOVAL from 19th JDC, Parish of East Baton Rouge, Case Number 720783. (Filing fee $ 402 receipt number ALAMDC-2459757), filed by Zurich American Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Verification, #3 Exhibit Exh. 1, #4 Exhibit Exh. 2, #5 Exhibit Exh. 3)(Grace, Patrick) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Louisiana Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
