Armstead v. BASF Corporation et al
| Talesia Armstead |
| BASF Corporation and Zachry Industrial, Inc. |
| 3:2022cv00653 |
| September 20, 2022 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Wrongful Death |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 23 Corporate Disclosure Statement by Zachry Industrial, Inc. identifying Corporate Parent Zachry EPC Holdings, LLC for Zachry Industrial, Inc.. (Vandenweghe, Roland) |
| Filing 22 Certificate of Interested Persons by Zachry Industrial, Inc. identifying Affiliate/Interested Person Zachry Industrial, Inc., Affiliate/Interested Person Talesia Armstead, Affiliate/Interested Person Jennifer Priebe, Affiliate/Interested Person Rob Lunsford, Affiliate/Interested Person Lunsford, Baskin & Priebe, PLLC, Affiliate/Interested Person BASF Corporation, Affiliate/Interested Person Ace American Insurance Company for Zachry Industrial, Inc.. (Vandenweghe, Roland) |
| Filing 21 NOTICE OF DEFICIENCY with LR 7.1 as to #19 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) |
Filing 20
ORDER granting #19 Ex Parte Motion for Extension of Time to File Responsive Pleadings pursuant to Local Rule 7(a). Zachry Industrial, Inc. is granted a 21-day extension, or until November 23, 2022, to file pleadings in response to the #11 First Amended Complaint for Damages filed by Plaintiff, Talesia Dexter. Signed by Magistrate Judge Erin Wilder-Doomes on 11/3/2022. (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: #19 MOTION for Extension of Time to File Responsive Pleadings. This motion is now pending before the USMJ. (EDC) |
| Filing 19 MOTION for Extension of Time to File Responsive Pleadings by Zachry Industrial, Inc. (Attachments: #1 Attachment Proposed Order)(Schoen, Hunter) |
| Filing 18 Certificate of Interested Persons by BASF Corporation identifying Corporate Parent BASF USA Holding, LLC, Corporate Parent BASF Societas Europaea, Affiliate/Interested Person Broadspire Services, Inc., Affiliate/Interested Person BASF Netherland BV, Affiliate/Interested Person Chubb Group insurance Companies, Affiliate/Interested Person Crawford & Company for BASF Corporation. (Trapolin, Edward) (Main Document 18 replaced on 10/31/2022) (EDC). Modified on 10/31/2022 to flatten document.(EDC). |
| Filing 17 NOTICE OF DEFICIENCY with LR 7.1 as to #16 Certificate of Interested Persons. Failure to add interested persons to CM/ECF upon filing of Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall add all interested persons listed on the certificate using the event Add Interested Person located under Notices in the CM/ECF system. (EDC) |
| Filing 16 Certificate of Interested Persons by BASF Corporation. (Trapolin, Edward) (Main Document 16 replaced on 10/28/2022) (EDC). Modified on 10/28/2022 to flatten document. (EDC). |
| Filing 15 Corporate Disclosure Statement by BASF Corporation. (Trapolin, Edward) |
| Filing 14 NOTICE OF DEFICIENCY with LR 7.1 as to #12 Motion for Extension of Time to File Answer. 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) |
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Filing 13
ORDER granting #12 Motion for Extension of Time to Answer #11 Amended Complaint pursuant to Local Rule 7(a). BASF Corporation answer due 11/23/2022. Signed by Magistrate Judge Erin Wilder-Doomes on 10/25/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 12 MOTION for Extension of Time to File Answer to #11 Amended Complaint by BASF Corporation (Attachments: #1 Proposed Pleading; Proposed Order)(Trapolin, Edward) |
| Filing 11 FIRST AMENDED COMPLAINT against BASF Corporation, Zachry Industrial, Inc., filed by Talesia Armstead.(LLH) |
| Filing 10 NOTICE OF DEFICIENCY with LR 7.1 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. OR Failure to add interested persons to CM/ECF upon filing of Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall add all interested persons listed on the certificate using the event Add Interested Person located under Notices in the CM/ECF system. (EDC) |
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Filing 9
ORDER granting #7 MOTION to Amend Complaint, filed by Plaintiff Talesia Armstead in response to the Court's 2 Notice and Order to clarify Defendant BASF Corporations citizenship. The Clerk of Court is instructed to docket the [7-1] First Amended Complaint for Damages, which will become Plaintiff's operative complaint in this matter. Signed by Magistrate Judge Erin Wilder-Doomes on 9/28/2022. (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: #7 MOTION to Amend #1 Complaint, . This motion is now pending before the USMJ. (BLR) |
| Filing 8 Certificate of Interested Persons by Talesia Armstead (Priebe, Jennifer) (Main Document 8 replaced on 9/28/2022) (EDC). Modified on 9/28/2022 to flatten document. (EDC). |
| Filing 7 MOTION to Amend #1 Complaint, by Talesia Armstead (Attachments: #1 Proposed Pleading; First Amended Complaint, #2 Exhibit B - LA SOS Corporate info on BASF, #3 Exhibit C - LA SOS Corporate info on BASF)(Priebe, Jennifer) |
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Filing 6
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 1/5/2023 at 01:30 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 12/22/2022. Signed by Magistrate Judge Erin Wilder-Doomes on 9/22/2022. (EDC)
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| Filing 5 NOTICE OF DEFICIENCY with LR 7.1 as to #1 Complaint: Pursuant to Local Rule 7.1, A certificate of interested persons must be filed and the interested persons added to CM/ECF by the filer. By no later than 9/29/2022, plaintiff Talesia Armstead shall file a certificate of interested persons in this matter. (BLR) |
| Filing 4 Summons Issued as to BASF Corporation, Zachry Industrial, Inc.. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (Attachments: #1 summons)(EDC) |
| Filing 3 Letter to Attorney Jennifer Priebe regarding Rob Lunsford who is Co-Counsel for party Talesia Armstead. Attorney is not admitted to practice in LAMD. (EDC) |
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Filing 2
NOTICE AND ORDER: The #1 Complaint alleges subject matter jurisdiction under 28 U.S.C. 1332, which requires parties of diverse citizenship and an amount in controversy over $75,000, exclusive of interest and costs. As this is a wrongful death suit and the Complaint specifically alleges it, the amount in controversy is met. While the Complaint adequately alleges the citizenship of Plaintiff Talesia Armstead and Defendant Zachary Industrial, Inc., it does not adequately allege the citizenship of Defendant BASF Corporation. To the extent BASF Corporation is a corporation, as indicated by the name, the Complaint must state BASFs principle place of business and place of incorporation. To the extent BASF is an unincorporated association or limited liability company, all members must be identified and the citizenship of each member must be stated. Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1079-80 (5th Cir. 2008). IT IS ORDERED that by no later than September 28, 2022 Plaintiff shall file a motion for leave to file an amended complaint with a comprehensive amended complaint attached that adequately alleges the citizenship of all parties and that contains all allegations without reference to any other document in the record to ensure clarity in the jurisdictional allegations. Signed by Magistrate Judge Erin Wilder-Doomes on 9/21/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ALAMDC-2480438.), filed by Talesia Armstead. (Attachments: #1 Civil Cover Sheet A - Civil Cover Sheet, #2 Summons B - Summons to BASF, #3 Summons C - Summons to Zachry)(Priebe, Jennifer) (Attachments 1-3 replaced on 9/21/2022) (EDC). Modified on 9/21/2022 to flatten documents. (EDC). |
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