Benoit v. State National Insurance Company, Inc. et al
| Joseph M Benoit |
| State National Insurance Company, Inc., AM Best Transportation, Inc. and Armando Morales |
| 3:2022cv00878 |
| November 9, 2022 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Motor Vehicle |
| 28 U.S.C. § 1441 Notice of Removal-Tort/Motor Vehicle (P.I.) |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 20, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 15 Certificate of Interested Persons by Joseph M Benoit identifying Corporate Parent Joseph M Benoit, Affiliate/Interested Person Gordon McKernan Injury Attorneys, Affiliate/Interested Person Tucker Nims for Joseph M Benoit. (Nims, Tucker) (Main Document 15 replaced on 12/20/2022) (ELW). Modified on 12/20/2022 to flatten document (ELW). |
| Filing 14 Notice to Counsel: At the request of plaintiff's counsel due to a scheduling conflict, the Scheduling Conference is RESET for 3/2/2023 at 09:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 2/16/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) |
| Filing 13 ANSWER to Complaint with Jury Demand by AM Best Transportation, Inc., Armando Morales, State National Insurance Company, Inc..(Dragna, Gerard) |
| Filing 12 NOTICE OF DEFICIENCY with LR 7.1 as to #8 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. (ELW) |
| *** Add Interested Person by AM Best Transportation, Inc., Armando Morales, State National Insurance Company, Inc. identifying Corporate Parent AM Best Transportation, Inc. for AM Best Transportation, Inc.; Affiliate/Interested Person Armando Morales for Armando Morales; Corporate Parent State National Insurance Company, Inc. for State National Insurance Company, Inc.. (Dragna, Gerard) |
| Filing 11 AMENDED NOTICE OF REMOVAL, filed by Armando Morales, AM Best Transportation, Inc., State National Insurance Company, Inc. (Attachments: #1 Attachment Verification, #2 Exhibit A- Petition for Damages, #3 Exhibit B- Settlement Demand, #4 Exhibit C- Operative Report, #5 Exhibit D- Police Report, #6 Exhibit E- Registration Form, #7 Exhibit F- History Form, #8 Exhibit G- Bone & Joint Clinic, #9 Exhibit H- AM Best Transportation, #10 Exhibit I- State National).(LLH) |
Filing 10
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 2/16/2023 at 02:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 2/2/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 11/15/2022. (BLR)
|
|
Filing 9
ORDER granting #5 Motion to Strike Certificate of Interested Persons (R. Doc. 4). Signed by Magistrate Judge Erin Wilder-Doomes on 11/15/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
|
| Filing 8 Certificate of Interested Persons by AM Best Transportation, Inc., Armando Morales, State National Insurance Company, Inc.. (Dragna, Gerard) |
|
Filing 7
ORDER: The #6 Motion for Leave to File Amended Notice of Removal, filed by Defendants AM Best Transportation, Inc., Armando Morales, and State National Insurance Company, Inc., is GRANTED for good cause. The Motion was filed in response to the Court's 2 Notice and Order requiring amended citizenship allegations in support of subject matter jurisdiction. The Clerk of Court is instructed to docket the [6-2] Amended Notice of Removal, with attachments [6-3 to 6-12], which will become the operative notice of removal in this case. Signed by Magistrate Judge Erin Wilder-Doomes on 11/15/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
|
| MOTION(S) REFERRED: #6 MOTION for Leave to File Motion to Leave to File Amended Notice of Removal . This motion is now pending before the USMJ. (ELW) |
| Filing 6 MOTION for Leave to File Amended Notice of Removal by AM Best Transportation, Inc., Armando Morales, State National Insurance Company, Inc. (Attachments: #1 Attachment Proposed Order, #2 Proposed Pleading; Amended Notice of Removal, #3 Attachment Verification, #4 Exhibit A- Petition for Damages, #5 Exhibit B- Settlement Demand, #6 Exhibit C- Operative Report, #7 Exhibit D- Police Report, #8 Exhibit E- Registration Form, #9 Exhibit F- History Form, #10 Exhibit G- Bone & Joint Clinic, #11 Exhibit H- AM Best Transportation, #12 Exhibit I- State National)(Dragna, Gerard) Modified on 11/17/2022 to edit the text (NLT). |
| MOTION(S) REFERRED: #5 MOTION to Strike an Incorrectly Filed Document 4 Certificate of Interested Persons . This motion is now pending before the USMJ. (ELW) |
| Filing 5 MOTION to Strike an Incorrectly Filed Document 4 Certificate of Interested Persons by AM Best Transportation, Inc., Armando Morales, State National Insurance Company, Inc. (Attachments: #1 Proposed Order)(Dragna, Gerard) |
| Filing 4 STRICKEN FROM THE RECORD Certificate of Interested Persons by AM Best Transportation, Inc., Armando Morales, State National Insurance Company, Inc.. (Dragna, Gerard) Modified on 11/16/2022 to remove document as per Order #9 (LLH). |
| Filing 3 NOTICE OF DEFICIENCY with LR 7.1 as to #1 Notice of Removal. 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. (BLR) |
|
Filing 2
NOTICE AND ORDER: Defendants Armando Morales, AM Best Transportation, Inc., State National Insurance Company, Inc. removed this case on November 9, 2022, alleging that the basis for subject matter jurisdiction in this case is diversity of citizenship under 28 U.S.C. 1332. The #1 Notice of Removal affirmatively alleges an amount in controversy in excess of $75,000, exclusive of interest and costs. R. Doc. 1, paras. 6-7, pre-suit settlement demand at R. Doc. 1-4, and past medical expenses of $234,573 at R. Doc. 1-4. The Notice of Removal adequately alleges the citizenship of Defendants Morales (FL), AM Best Transportation, Inc. (TN/TN), and State National Insurance Company, Inc. (TX/TX), R. Doc. 1, paras. 11-13. However, the Notice of Removal does not adequately allege the citizenship of Plaintiff Joseph Benoit because it references the Petition, which only alleges Plaintiffs LA residency. R. Doc. 1, para. 10 citing R. Doc. 1-3, intro. paragraph. The citizenship of an individual such as Plaintiff is determined by the individual's domicile, not residency. Mas v. Perry, 489 F.2d 1396, 1399 (5th Cir. 1974). Accordingly, by no later than November 17, 2022, Defendants are ORDERED to file a motion for leave to file an amended Notice of Removal that properly alleges the citizenship of each party, and that includes all of Defendants' numbered allegations, as revised, supplemented, and/or amended. The amended Notice of Removal will become the operative Notice of Removal in this matter without reference to any other document in the record if the motion for leave to amend is granted. Signed by Magistrate Judge Erin Wilder-Doomes on 11/10/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
|
| Filing 1 NOTICE OF REMOVAL from 18th JDC for the Parish of Iberville, Case Number 087909. (Filing fee $ 402 receipt number ALAMDC-2502505), filed by Armando Morales, AM Best Transportation, Inc., State National Insurance Company, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Verification, #3 Exhibit A- Petition for Damages, #4 Exhibit B- Settlement Demand, #5 Exhibit C- Operative Report, #6 Exhibit D- AM Best Transportation, Inc. Info, #7 Exhibit E- State National Corp Info, #8 List of Parties, #9 List of Pleadings, #10 Exhibit 1- Citation to AM Best, #11 Exhibit 2- Petition for Damages, #12 Exhibit 3- Request for Written Notice, #13 Exhibit 4- Affidavit of LAS- AM Best, #14 Exhibit 5- Affidavit of LAS- Morales, #15 Exhibit 6- Affidavit of LAS- State National)(Dragna, Gerard) |
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.
