Harrington v. Crum & Forster Indemnity Company et al
| Kaleb Harrington and Kaleb A. Harrington |
| Crum & Forster Indemnity Company, CAT5 Resources, L.L.C., Shella Langford and Crum & Forester Specialty Insurance Company |
| 3:2022cv00592 |
| August 26, 2022 |
| US District Court for the Middle District of Louisiana |
| Brian A Jackson |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 20, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 27
ORDER granting #24 Consent Motion for Extension of Time, filed by Defendants CAT5 Resources, L.L.C. and Shella Langford. For good cause shown, the responsive pleadings of CAT5 Resources and Shella Langford to Plaintiff Kaleb Harrington's original Petition for Damages due 12/5/2022. Signed by Magistrate Judge Erin Wilder-Doomes on 10/20/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
|
| Filing 26 Certificate of Interested Persons by CAT5 Resources, L.L.C., Shella Langford identifying Affiliate/Interested Person Fairfax Financial Holdings Limited, Affiliate/Interested Person Crum & Forster Speciality Insurance Company, Affiliate/Interested Person Crum & Forster Holdings Corp., Affiliate/Interested Person Fairfax (US) Inc., Affiliate/Interested Person Kaleb A. Harrington, Affiliate/Interested Person FFHL Group, Ltd., Affiliate/Interested Person United States Fire Insurance Company for CAT5 Resources, L.L.C., Shella Langford.. (Berger, Eric) |
| Filing 25 NOTICE OF DEFICIENCY with LR 7.1 as to #24 Motion for Extension of Time. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (EDC) |
| MOTION(S) REFERRED: #24 MOTION for Extension of Time to File Responsive Pleadings. This motion is now pending before the USMJ. (EDC) |
| Filing 24 MOTION for Extension of Time to File Responsive Pleadings by CAT5 Resources, L.L.C., Shella Langford (Attachments: #1 Proposed Pleading; (proposed order))(Berger, Eric) |
| Filing 23 Notice to Counsel: In light of the #21 and #22 Waivers of Service Returned Executed, the Scheduling Conference is reset for 1/26/2023 at 10:30 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 1/12/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Kaleb A. Harrington. Crum & Forester Specialty Insurance Company waiver sent on 10/5/2022, answer due 12/5/2022. (Amedee, Lee) |
| Filing 21 WAIVER OF SERVICE Returned Executed by Kaleb A. Harrington. CAT5 Resources, L.L.C. waiver sent on 10/5/2022, answer due 12/5/2022; Shella Langford waiver sent on 10/5/2022, answer due 12/5/2022. (Amedee, Lee) |
| Filing 20 FIRST SUPPLEMENTAL AND AMENDED COMPLAINT against CAT5 Resources, L.L.C., Shella Langford, Crum & Forester Specialty Insurance Company, filed by Kaleb A. Harrington.(LLH) |
|
Filing 19
ORDER: GRANTING the #18 Motion for Leave to File First Amended Petition filed by Plaintiff Kaleb A. Harrington, which properly identifies the citizenship of the substituted defendant, Crum & Forster Specialty Insurance Company ("CFSIC"). The pleadings in the record reflect that the parties are completely diverse and the amount in controversy requirement appears to be satisfied. Accordingly, the Clerk of Court is directed to docket the First Amended Complaint at R. Doc. 18-1 into the record of this matter, and to substitute CFSIC in the place of the improperly named defendant, Crum & Forster Indemnity Company, which shall be terminated as a defendant in this matter. Signed by Magistrate Judge Erin Wilder-Doomes on 10/3/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
|
| Filing 18 MOTION for Leave to File First Amended Petition by Kaleb A. Harrington (Attachments: #1 Proposed Pleading;)(Amedee, Lee) |
| MOTION(S) REFERRED: #18 MOTION for Leave to File First Amended Petition . This motion is now pending before the USMJ. (LLH) |
|
Filing 17
ORDER: While the #16 Motion for Leave to File First Amended Petition filed by Plaintiff Kaleb A. Harrington states that Defendants do not oppose the Motion, Plaintiff has still failed to properly plead the citizenship of Crum & Forster Specialty Insurance Company, the party to be substituted in the place of the currently-named defendant Crum & Forster Indemnity Company, which is required so that the Court can determine the effect of the substitution on subject matter jurisdiction. The citizenship of a corporation is determined by place of incorporation and principal place of business, and BOTH must be affirmatively alleged. See Getty Oil, Div. of Texaco v. Ins. Co. of North America, 841 F.2d 1254, 1259 (5th Cir. 1988). Accordingly, the #16 Motion is DENIED WITHOUT PREJUDICE to Plaintiff re-urging a motion that complies fully with the Local Civil Rules of this Court and which has attached a proposed first amended complaint that properly identifies the citizenship of Crum & Forster Specialty Insurance Company. Signed by Magistrate Judge Erin Wilder-Doomes on 9/29/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
|
| MOTION(S) REFERRED: #16 MOTION and Order for Leave to File First Supplemental and Amending Petition for Damages. This motion is now pending before the USMJ. (EDC) |
| Filing 16 MOTION and Order for Leave to File First Supplemental and Amending Petition for Damages by Kaleb A. Harrington (Attachments: #1 Proposed Pleading;)(Amedee, Lee) Modified on 9/29/2022 to edit text. (EDC). |
|
Filing 15
ORDER denying #14 Motion and Order for Leave to File First Supplemental and Amending Petition for Damages, filed by Plaintiff Kaleb A. Harrington. The Motion does not state whether all parties having an interest to oppose the motion consent and does not contain a certificate stating the position from the other parties as required under Local Civil Rule 7(e). The denial is without prejudice to re-urging a motion that complies fully with the Local Civil Rules of this Court amd which has attached a proposed first amended complaint that identifies the citizenship of Crum & Forster Specialty Insurance Company, the party to be substituted in the place of the currently-named defendant Crum & Forster Indemnity Company, so that the Court can determine the effect of the substitution on subject matter jurisdiction. Signed by Magistrate Judge Erin Wilder-Doomes on 09/22/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
|
| MOTION(S) REFERRED: #14 MOTION and Order for Leave to File First Supplemental and Amending Petition for Damages. This motion is now pending before the USMJ. (EDC) |
| Filing 14 MOTION and Order for Leave to File First Supplemental and Amending Petition for Damages by Kaleb A. Harrington (Attachments: #1 Proposed Pleading;)(Amedee, Lee) Modified on 9/22/2022 to edit text. (EDC). |
|
Filing 13
ORDER granting #12 MOTION for Extension of Time to File to Respond to Plaintiff's Petition for Damages for good cause shown. Crum & Forster Indemnity Company responsive pleadings due 10/14/2022. Signed by Magistrate Judge Erin Wilder-Doomes on 9/15/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
|
| MOTION(S) REFERRED: #12 MOTION for Extension of Time to Respond to Plaintiff's Petition for Damages. This motion is now pending before the USMJ. (BLR) |
| Filing 12 First MOTION for Extension of Time to File Answer by Crum & Forster Indemnity Company (Attachments: #1 Proposed Order)(Lonero, Jay) |
|
Filing 11
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 12/22/2022 at 09:30 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 12/8/2022. Signed by Magistrate Judge Erin Wilder-Doomes on 9/8/2022. (BLR)
|
| Filing 10 AMENDED NOTICE OF REMOVAL, filed by Crum & Forster Indemnity Company. (Attachments: #1 Exhibit 1 - Correspondence and Citation from LA Secretary of State, #2 Exhibit 2 - Corporate Records from LA Secy of State for CAT5 Resources, #3 Exhibit 3 - Pre-petition settlement demand, #4 Exhibit 4 - Record from 23rd JDC, #5 Exhibit 5 - E-mail consenting to removal, #6 Exhibit 6 - Signed Declaration of Shella Langford, #7 Exhibit 7 - Texas Driver's License of Shella Langford, #8 Exhibit 8 - Lease signed by Shella Langford, #9 Exhibit 9 - Utility Bills of Shella Langford)(LLH) |
|
Filing 9
ORDER granting #8 MOTION for Leave to File First Amending and Supplemental Notice of Removal by Crum & Forster Indemnity Company. The clerk is directed to file R. Doc. 8-2 through 8-11 into the record. Signed by Magistrate Judge Erin Wilder-Doomes on 9/7/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
|
| MOTION(S) REFERRED: #8 MOTION for Leave to File First Amending and Supplemental Notice of Removal by Crum & Forster Indemnity Company. This motion is now pending before the USMJ. (BLR) |
| Filing 8 MOTION for Leave to File First Amending and Supplemental Notice of Removal by Crum & Forster Indemnity Company (Attachments: #1 Proposed Order to Motion for Leave, #2 Proposed Pleading; First Amending and Supplemental Notice of Removal, #3 Exhibit 1 - Correspondence and Citation from LA Secretary of State, #4 Exhibit 2 - Corporate Records from LA Secy of State for CAT5 Resources, #5 Exhibit 3 - Pre-petition settlement demand, #6 Exhibit 4 - Record from 23rd JDC, #7 Exhibit 5 - E-mail consenting to removal, #8 Exhibit 6 - Signed Declaration of Shella Langford, #9 Exhibit 7 - Texas Driver's License of Shella Langford, #10 Exhibit 8 - Lease signed by Shella Langford, #11 Exhibit 9 - Utility Bills of Shella Langford)(Lonero, Jay) Modified to edit text on 9/7/2022 (BLR). |
| Filing 7 Corporate Disclosure Statement by Crum & Forster Indemnity Company identifying Corporate Parent Fairfax Financial Holdings Limited, Corporate Parent Crum & Forster Holdings Corp., Corporate Parent Fairfax (US), Inc., Corporate Parent FFHL Group, Ltd., Corporate Parent United States Fire Insurance Company for Crum & Forster Indemnity Company.. (Lonero, Jay) |
| Filing 6 Certificate of Interested Persons by Crum & Forster Indemnity Company identifying Affiliate/Interested Person Fairfax Financial Holdings Limited, Affiliate/Interested Person Crum & Forster Holdings Corp., Affiliate/Interested Person Kaleb A. Harrington, Affiliate/Interested Person Crum & Forster Indemnity Company, Affiliate/Interested Person CAT5 Resources, L.L.C., Affiliate/Interested Person Shella Langford, Affiliate/Interested Person Fairfax (US), Inc., Affiliate/Interested Person FFHL Group, Ltd., Affiliate/Interested Person United States Fire Insurance Company for Crum & Forster Indemnity Company. (Lonero, Jay) (Main Document 6 replaced on 8/30/2022) (EDC). Modified on 8/30/2022 to flatten document. (EDC). |
| Filing 5 Exhibit(s) to #1 Notice of Removal, by Crum & Forster Indemnity Company. (Attachments: #1 Exhibit Ex 1 Letter and Citation from SOS, #2 Exhibit Ex 2 CAT5 Corp Records, #3 Exhibit Ex 3 Plaintiff Settlement Demand, #4 Exhibit Ex 4 State Court Record, #5 Exhibit Ex 5 Consent to Removal)(Lonero, Jay) |
|
Filing 4
NOTICE AND ORDER: On August 26, 2022, Defendant Crum & Forster Indemnity Company filed its Notice of Removal and alleged that the basis for federal subject matter jurisdiction is diversity of citizenship under 28 U.S.C. 1332. Crum has adequately alleged an amount in controversy in excess of $75,000, exclusive of interest and costs, in light of Plaintiff's pre-petition settlement demand of $325,000 and the nature of Plaintiff's injuries, i.e., loss of his thumb from a dog bite. Plaintiff Kaleb A. Harrington is properly alleged to be a Louisiana citizen. Defendant Crum is properly alleged to be a Delaware corporation with its principal place of business in New Jersey. Defendant CAT5 Resources, L.L.C. is properly alleged to be a limited liability company that unwinds to three members who are Texas citizens. However, the citizenship of Defendant Shella Langford has not been properly alleged. The citizenship of an individual is determined by the individual's domicile, not residency. Mas v. Perry, 489 F.2d 1396, 1399 (5th Cir. 1974). Accordingly, IT IS ORDERED that by no later than September 6, 2022, Crum shall file a motion for leave to file an amended Notice of Removal that properly alleges the citizenship of Defendant Shella Langford, and which includes all of Crum's numbered allegations, as revised, supplemented, and/or amended. If the motion for leave to amend is granted, the amended Notice of Removal will become the operative Notice of Removal in this matter without reference to any other document in the record. Signed by Magistrate Judge Erin Wilder-Doomes on 8/22/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
|
| Filing 3 Notice of Deficiency with Administrative Procedure III(A)(1) as to #1 Notice of Removal. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. (JEG) |
| Filing 2 Notice to Counsel: A review of the docket indicates a certificate of interested persons has not been filed pursuant to Local Rule 7.1 as to the #1 Notice of Removal filed. By no later than 8/31/22 Crum & Forster Indemnity Company shall file a certificate of interested persons in compliance with Local Rule 7.1. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
| Filing 1 NOTICE OF REMOVAL from 23rd JDC, Ascension Parish, Case Number 134,465, Div E. (Filing fee $ 402 receipt number ALAMDC-2469353), filed by Crum & Forster Indemnity Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Attachment Certificate of Filing State Court Record, #8 Attachment List of Attorneys and Parties)(Lonero, Jay) Modified on 8/29/2022 to edit State Court information (JEG). |
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.
