Shree Sai Baba, LLC v. Scottsdale Insurance Company
| Shree Sai Baba, LLC dba Americas Best Value Inn and Shree Sai Baba, LLC doing business as Americas Best Value Inn |
| Scottsdale Insurance Company |
| 3:2022cv00770 |
| October 7, 2022 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Defendant |
Docket Report
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| Filing 16 Exhibit(s) to 15 Notice of Deficiency with Administrative Procedures III(A)(1),, #14 MEMORANDUM in Support by Scottsdale Insurance Company. (Attachments: #1 Exhibit Exh A - Petition for Damages, #2 Exhibit Exh B - Estimate by Public Adjusters, #3 Exhibit Exh B1-Cont. Estimate by Public Adjusters, #4 Exhibit Exh B2-Cont. Estimate by Public Adjusters, #5 Exhibit Exh C - Activity Log Excerpts)(Dietz, Jennifer) |
| Filing 15 Notice of Deficiency with Administrative Procedure III(A)(1) as to #14 MEMORANDUM in Support. 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. (ELW) |
| Filing 14 MEMORANDUM in Support of #4 Order,,,,, re Subject Matter Jurisdiction filed by Scottsdale Insurance Company. (Attachments: #1 Exh A, #2 Exh B, #3 Exh B-1, #4 Exh B-2, #5 Exh C)(Dietz, Jennifer) |
| Filing 13 SECOND AMENDED NOTICE OF REMOVAL, filed by Scottsdale Insurance Company.(LLH) |
Filing 12
ORDER GRANTING #11 MOTION for Leave to File Second Amended Notice of Removal filed by Defendant Scottsdale Insurance Company which was filed in compliance with the Court's #4 , 10 Orders and sufficiently alleges that the sole member of Plaintiff Shree Sai Baba, LLC is Chandrakant Patel, an individual domiciled in Louisiana, and therefore that Shree Sai Baba, LLC is a citizen of Louisiana. Accordingly, the Clerk of Court is directed to docket the Second Amended Notice of Removal and exhibits attached thereto at R. Doc. 11-1 through R. Doc. 11-4, which shall become the operative Notice of Removal. Signed by Magistrate Judge Erin Wilder-Doomes on 10/21/2022. (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: #11 MOTION for Leave to File Second Amended Notice of Removal . This motion is now pending before the USMJ. (ELW) |
| Filing 11 MOTION for Leave to File Second Amended Notice of Removal by Scottsdale Insurance Company (Attachments: #1 Proposed Pleading; Second Amended Notice of Removal, #2 Exhibit Exhibit A-Petition for Damages, #3 Exhibit Exhibit B(1) - PA Estimate, #4 Exhibit Exhibit B(2) - PA Estimate)(Wolff, John) |
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Filing 10
ORDER DENYING #9 Motion for Leave to File Amended Notice of Removal filed by Defendant Scottsdale Insurance because, while the proposed amended notice of removal clarifies that Plaintiff Shree Sai Baba is a limited liability company and that Plaintiff's sole member is a citizen of the State Louisiana, the name of the member is not identified, which is required as noted in the Court's #4 briefing order. See also Nunez v. ACE Am. Ins. Co., No. 17-1593, 2017 WL 6997341, at *4 (M.D. La. Dec. 28, 2017). The denial is without prejudice to Scottsdale re-urging a motion for leave to file an amended notice of removal that properly identifies the citizenship of Plaintiff Shree Sai Baba. Signed by Magistrate Judge Erin Wilder-Doomes on 10/19/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 9 Motion for Leave to File Amended Notice of Removal by Scottsdale Insurance Company (Attachments: #1 Proposed Pleading; Amended Notice of Removal, #2 Exhibit Exhibit A-Petition for Damages, #3 Exhibit Exhibit B(1) - PA Estimate, #4 Exhibit Exhibit B(2) - PA Estimate)(Wolff, John) Modified on 10/21/2022 to edit text (ELW). |
| MOTION(S) REFERRED: #9 MOTION for Leave to File Motion for Leave to File Amended Notice of Removal . This motion is now pending before the USMJ. (ELW) |
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Filing 8
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 1/26/2023 at 11:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 1/12/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 10/13/2022. (BLR)
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| Filing 7 Letter to Attorney Sye J. Broussard who is lead counsel and Jackie D Broussard who is co counsel for party Plaintiff. Attorneare is not admitted to practice in LAMD. (ELW) |
| Filing 6 Corporate Disclosure Statement by Scottsdale Insurance Company identifying Corporate Parent Nationwide Mutual Insurance Company for Scottsdale Insurance Company.. (Wolff, John) |
| Filing 5 ANSWER to Complaint with Jury Demand by Scottsdale Insurance Company.(Wolff, John) |
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Filing 4
NOTICE AND ORDER: IT IS ORDERED that, on or before October 18, 2022, Defendant Scottsdale Insurance Company shall file a motion for leave to file an amended Notice of Removal that properly alleges the parties' citizenship and that includes all of Scottsdales 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 removal in this matter without reference to any other document in the record. IT IS FURTHER ORDERED that, on or before October 25, 2022, Defendant Scottsdale Insurance Company shall file a shall file a memorandum and supporting evidence concerning whether the amount in controversy requirement of 28 U.S.C. 1332 is met, specifically including the amount, if any, paid on Plaintiffs insurance claim for hurricane-related property damage at issue in the Complaint. IT IS FURTHER ORDERED that, on or before November 8, 2022, Plaintiff Shree Sai Baba, LLC shall file either: (1) a Notice stating that Plaintiff does not dispute that Defendants have established the jurisdictional requirements of 28 U.S.C. 1332, or (2) a Motion to Remand. The case will be allowed to proceed if jurisdiction is adequately established. Signed by Magistrate Judge Erin Wilder-Doomes on 10/11/2022. (BLR)
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| Filing 3 Certificate of Interested Persons by Scottsdale Insurance Company identifying Affiliate/Interested Person Nationwide Mutual Insurance Company, Affiliate/Interested Person Scottsdale Insurance Company for Scottsdale Insurance Company.. (Wolff, John) |
| Filing 2 NOTICE OF DEFICIENCY with LR 7.1 as to #1 Notice of Removal: 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. (BLR) |
| Filing 1 NOTICE OF REMOVAL from 19th JDC, East Baton Rouge Parish, Case Number 722871. (Filing fee $ 402 receipt number ALAMDC-2487918), filed by Scottsdale Insurance Company. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Notice to Adverse Party, #3 Notice of Compliance, #4 Exhibit Exhibit A-Petition for Damages, #5 Exhibit Exhibit B1 - Estimate by The Public Adjusters, #6 Exhibit Exhibit B2 - Estimate by The Public Adjusters)(Wolff, John) |
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