Cat 5 Global, LLC v. Allstate Indemnity Company
| Cat 5 Global, LLC |
| Allstate Indemnity Company |
| 3:2022cv00917 |
| November 23, 2022 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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| Filing 27 Certificate of Interested Persons by Allstate Indemnity Company identifying Affiliate/Interested Person Allstate Indemnity Company, Affiliate/Interested Person Porteous, Hainkel & Johnson, LLP, Affiliate/Interested Person Cat 5 Global, LLC, Affiliate/Interested Person Michelle Deloach Brooks, Affiliate/Interested Person Davis R. Peltier, Affiliate/Interested Person Michele Trowbridge Barreca, Affiliate/Interested Person Mark G. Montiel, Jr., Affiliate/Interested Person Shelby S. Talley, Affiliate/Interested Person Jack F. Griffin, Affiliate/Interested Person Montiel Hodge, LLC for Allstate Indemnity Company.. (Brooks, Michelle) |
| Filing 26 ANSWER to #24 Amended Complaint by Allstate Indemnity Company.(Brooks, Michelle) |
| Filing 25 ANSWER to #1 Complaint, with Jury Demand by Allstate Indemnity Company.(Brooks, Michelle) |
| Filing 24 SECOND AMENDED COMPLAINT against Allstate Indemnity Company, filed by Cat 5 Global, LLC. (Attachments: #1 Exhibit Cat 5 Work Authorization)(LLH) |
Filing 23
ORDER granting #22 MOTION for Leave to File Second Supplemental and Amended Complaint filed by Cat 5 Global, LLC for good cause shown. The clerk is directed to file R. Docs. 22 at pp 3-11 and 22-1 into the record. Signed by Magistrate Judge Erin Wilder-Doomes on 1/3/2023. (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: #22 MOTION for Leave to File Second Supplemental and Amended Complaint . This motion is now pending before the USMJ. (BLR) |
| Filing 22 MOTION for Leave to File Second Supplemental and Amended Complaint by Cat 5 Global, LLC (Attachments: #1 Exhibit 1, Contract btw Cat 5 and David Anderson, #2 Attachment Proposed Order)(Montiel, Mark) |
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Filing 21
ORDER denying #19 MOTION for Leave to File First Supplemental and Amended Complaint, filed by Plaintiff Cat 5 Global, LLC. On December 14, 2022, the Court ordered Plaintiff to file a motion for leave with a comprehensive, proposed amended complaint attached that adequately alleges its citizenship and the citizenship of Defendant Allstate Indemnity Company. While Plaintiff's proposed [19-3] First Supplemental and Amended Complaint properly alleges that, upon information and belief, Defendant Allstate Indemnity Company is an Illinois corporation with its principal place of business in Illinois, the proposed pleading does not properly allege Plaintiff's citizenship. As previously explained, to plead the citizenship of a limited liability company, a party must identify each member and specifically state each member's citizenship. Harvey v. Grey Wolf Drilling Company, 542 F.3d 1077, 1079-80 (5th Cir. 2008). The denial is without prejudice to reurging a motion for leave to file amended complaint, with a comprehensive, proposed amended complaint attached that adequately alleges the citizenship of all parties by no later than December 30, 2022. Signed by Magistrate Judge Erin Wilder-Doomes on 12/23/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
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| MOTION(S) REFERRED: #19 MOTION for Leave to File First Supplemental and Amended Complaint . This motion is now pending before the USMJ. (ELW) |
| Filing 20 NOTICE OF DEFICIENCY with LR 7.1 as to #13 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) |
| Filing 19 MOTION for Leave to File First Supplemental and Amended Complaint by Cat 5 Global, LLC (Attachments: #1 Exhibit 1, Contract btwn Cat 5 & Anderson, #2 Attachment Proposed Order)(Montiel, Mark) (Main Document 19 replaced on 12/21/2022) (ELW). (Additional attachment(s) added on 12/21/2022: #3 Proposed Pleading; Amended complaint) (ELW). Modified on 12/21/2022 to correct pleading (ELW). |
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Filing 18
ORDER granting #13 Motion for Extension of Time to File Responsive Pleadings pursuant to Local Civil Rule 7(a). Allstate Indemnity Company responsive pleadings due 1/18/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 12/19/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) Modified to edit text on 12/19/2022 (BLR).
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| Filing 17 Notice of Deficiency with Administrative Procedure III(A)(1) as to #15 Notice of (other). 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. (EDC) |
| Filing 16 Letter to Attorney Michelle DeLoach Brooks regarding Emily Barbera Wood who is Co-Counsel for party Allstate Indemnity Company. Attorney is not admitted to practice in LAMD. (EDC) |
| MOTION(S) REFERRED: #13 MOTION for Extension of Time to File Answer to #1 Complaint, . This motion is now pending before the USMJ. (EDC) |
| Filing 15 NOTICE of List of Parties and Copies of Pleadings and Service in Compliance with 28 U.S.C. Section 1447 (b) by Allstate Indemnity Company (Attachments: #1 Exhibit Exhibit A)(Brooks, Michelle) Modified on 12/19/2022 to edit text. (EDC). |
| Filing 14 Corporate Disclosure Statement by Allstate Indemnity Company identifying Corporate Parent Allstate Corporation for Allstate Indemnity Company.. (Brooks, Michelle) |
| Filing 13 MOTION for Extension of Time to File Answer to #1 Complaint, by Allstate Indemnity Company (Attachments: #1 Proposed Pleading; Proposed Order)(Brooks, Michelle) |
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Filing 12
NOTICE AND ORDER: Plaintiff Cat 5 Global, LLC, filed a Complaint against Allstate Indemnity Company, alleging subject matter jurisdiction under 28 U.S.C. 1332. Proper information regarding the citizenship of all parties and the amount in controversy is required. Plaintiffs allegations that it is "a company incorporated in the State of Texas and domiciled in the State of Texas and authorized to do and doing business in the State of Louisiana," and that Allstate is "a foreign insurance company authorized to do and doing business in the State of Louisiana that can be served through the Louisiana Secretary of State," are insufficient. To plead the citizenship of a limited liability company, a party must identify each member and specifically state that members citizenship. To plead the citizenship of a corporation, a party must state the place of incorporation and principal place of business. Harvey v. Grey Wolf Drilling Company, 542 F.3d 1077, 1079-80 (5th Cir. 2008). IT IS ORDERED that by no later than December 21, 2022, Plaintiff shall file a motion for leave to file amended complaint, with a comprehensive, proposed amended complaint attached that adequately alleges its citizenship and the citizenship of Defendant Allstate Indemnity Company. Signed by Magistrate Judge Erin Wilder-Doomes on 12/14/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 11 SUMMONS Returned Executed by Cat 5 Global, LLC. Allstate Indemnity Company served on 12/7/2022, answer due 12/28/2022. (Montiel, Mark) |
| Filing 10 Certificate of Interested Persons by Cat 5 Global, LLC identifying Affiliate/Interested Person Cat 5 Global, LLC, Affiliate/Interested Person Michael Bertagna for Cat 5 Global, LLC. (Montiel, Mark) |
| Filing 9 Exhibit(s) to #1 Complaint, by Cat 5 Global, LLC. (Attachments: #1 Exhibit 1, Contract btw Cat 5 and David Anderson)(Montiel, Mark) |
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Filing 8
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 3/2/2023 at 10:30 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 2/16/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 11/30/2022. (BLR)
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| Filing 7 NOTICE OF DEFICIENCY with LR 7.1 as to #3 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 6 Notice of Deficiency with Administrative Procedure III(A)(1) as to #1 Complaint. 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. (EDC) |
| Filing 5 Summons Issued as to Allstate Indemnity Company. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (EDC) |
| Filing 4 Letter to Attorney Mark Montiel, Jr. regarding Jack F. Griffin who is Co-Counsel for party Cat 5 Global, LLC. Attorney is not admitted to practice in LAMD. (EDC) |
| Filing 3 Certificate of Interested Persons by Cat 5 Global, LLC. (Montiel, Mark) |
| Filing 2 NOTICE OF DEFICIENCY with LR 7.1 as to #1 Complaint. 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 1 COMPLAINT against Allstate Indemnity Company ( Filing fee $ 402 receipt number ALAMDC-2507661.), filed by Cat 5 Global, LLC. (Attachments: #1 Exhibit 1, #2 Attachment Civil Cover Sheet, #3 Attachment Summons)(Montiel, Mark) (Attachment 1 replaced on 12/1/2022 to shrink the pages) (NLT). |
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