Damond v. Cora-Quintero, et al
| Terriana Damond |
| Action Resources, LLC, Third Coast Insurance Company and Jose Cora-Quintero |
| 3:2022cv01033 |
| December 16, 2022 |
| US District Court for the Middle District of Louisiana |
| Brian A Jackson |
| Erin Wilder-Doomes |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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| Document Text |
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| Filing 21 REPLY in Support of #16 MOTION for Leave to File Third Amended Notice of Removal filed by Third Coast Insurance Company. (LLH) |
Filing 20
ORDER granting #19 MOTION for Leave to File Reply Memorandum to Plaintiff's #18 Opposition to Defendant's #16 Motion for Leave to File Third Amended Notice of Removal. The Clerk of Court is directed to file R. Doc. 19-2 into the record. Signed by Magistrate Judge Erin Wilder-Doomes on 2/13/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 19 MOTION for Leave to File Reply Memorandum to Plaintiff's Opposition to Defendant's Motion for Leave to File Third Amended Notice of Removal by Third Coast Insurance Company (Attachments: #1 Proposed Pleading; Order, #2 Proposed Pleading; Memorandum in Response to Plaintiff's Opposition to Defendant's Motion for Leave to File Third Amended Notice of Removal)(Gehman, Ney) |
| MOTION(S) REFERRED: #19 MOTION for Leave to File Reply Memorandum to Plaintiff's Opposition to Defendant's Motion for Leave to File Third Amended Notice of Removal . This motion is now pending before the USMJ. (EDC) |
| Filing 18 MEMORANDUM in Opposition to #16 MOTION for Leave to File Third Amended Notice of Removal filed by Terriana Damond. (Glenn, Justin) |
| Filing 17 MEMORANDUM in Opposition to #14 MOTION to Remand filed by Third Coast Insurance Company. (Gehman, Ney) |
| Filing 16 MOTION for Leave to File Third Amended Notice of Removal by Third Coast Insurance Company (Attachments: #1 Proposed Pleading; Order, #2 Proposed Pleading; Third Amended Notice of Removal, #3 Exhibit A - Affidavit of Staci Pierce)(Gehman, Ney) |
| MOTION(S) REFERRED: #16 MOTION for Leave to File Third Amended Notice of Removal . This motion is now pending before the USMJ. (EDC) |
| Filing 15 Notice to Counsel: In light of the pending #14 Motion to Remand, good cause is shown to defer entry of a scheduling order at this time. The Scheduling Conference set for 3/30/2023 is CANCELED. Not status report is due at this time. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
| MOTION(S) REFERRED: #14 MOTION to Remand . This motion is now pending before the USMJ. (BLR) |
| Filing 14 MOTION to Remand by Terriana Damond (Attachments: #1 Proposed Pleading; Memorandum in Support, #2 Exhibit Ex.-1 Proof of Service, #3 Exhibit Ex.2-Police Report)(Glenn, Justin) |
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Filing 13
ORDER: The #11 Motion for Leave to File Second Amended Notice of Removal, filed by Defendant Third Coast Insurance Company, is DENIED as the proposed amendment still fails to adequately allege the citizenship of Defendant Action Resources, LLC. While the proposed amendment attempts to unwind the members of Action Resources, the allegations regarding member Bedrock Holdings Group, LLC, are not sufficient. First, the statement that Bedrock Holdings is owned by various entities (R. Doc. 11-2, para. VIII) does not establish whether those entities are members of the limited liability company. Additionally, the allegations with regard to Brightwood Capital Fund II Holdings SPV-3, LLC, Brightwood Loan Services, LLC, Joshua 1:8, LLC and Action Management Holdings, LLC (R. Doc. 11-2, para. VIII) do not identify each member of these LLCs nor state each members domicile. See Perry v. Kiko Management Group, LLC, No. 2021 WL 1950034, at *2 n.19 (M.D. La. May 14, 2021) (collecting cases). For individuals, allegations of residency are not sufficient to establish domicile. Mas v. Perry, 489 F.2d 1396, 1399 (5th Cir. 1974). Signed by Magistrate Judge Erin Wilder-Doomes on 1/24/2023. (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: #11 MOTION for Leave to File Second Amended Notice of Removal . This motion is now pending before the USMJ. (EDC) |
| Filing 12 Certificate of Interested Persons by Third Coast Insurance Company identifying Corporate Parent Action Enterprise Holdings, LLC, Corporate Parent Bedrock Holdings Group, LLC, Corporate Parent Brightwood Capital Fund III Holdings SPV-3, LLC, Corporate Parent Brightwood AR Holdings IIII-U, Inc., Corporate Parent Brightwood AR Holdings II, Inc., Corporate Parent Brightwood Loan Services, LLC, Corporate Parent Parkview Capital Credit, Inc., Corporate Parent Joshua 1:8, LLC, Corporate Parent Action Management Holdings, LLC, Corporate Parent United Insurance Company of America, Affiliate/Interested Person Third Coast Insurance Company, Affiliate/Interested Person Terriana Damond, Affiliate/Interested Person Action Resources, LLC, Affiliate/Interested Person Jose Cora-Quintero for Third Coast Insurance Company.. (Gehman, Ney) |
| Filing 11 MOTION for Leave to File Second Amended Notice of Removal by Third Coast Insurance Company (Attachments: #1 Proposed Order, #2 Proposed Pleading; Second Amended Notice of Removal)(Gehman, Ney) |
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Filing 10
ORDER: Before the Court is the #9 Third Coast Insurance Company's Motion for Extension of Time to File Amended Notice of Removal, which seeks an additional seven days to comply with the Court's 6 Notice and Order to adequately allege the citizenship of co-defendant Action Resources, LLC. Because the requested extension is short, the Motion will be GRANTED. Third Coast's response to the Notice and Order is due 1/20/2023, however, counsel for Third Coast Insurance Company is expressly instructed to review and familiarize himself with the applicable law regarding citizenship allegations as he was advised by this Court in a prior case that citizenship allegations for a limited liability company in a Notice of Removal were inadequate. See Jones v. Parker, No. 20-421 (M.D. La.), R. Doc. 4. Adequate information regarding the citizenship of the parties and the amount in controversy is necessary before cases are removed to this Court on the basis of diversity jurisdiction under 28 U.S.C. 1332. As one court noted, [i]f the removing defendant does not have facts sufficient to support removal when the original petition is received, it is the removing defendants responsibility to discover those facts before effecting removal. Bonvillian v. National Liability & Fire Ins. Co., No. 16-1708, 2017 WL 892311, at *3 (W.D. La. Feb. 1, 2017), quoting Bosky v. Kroger Texas, LP, 288 F.3d 208, 211 (5th Cir. 2002)). Signed by Magistrate Judge Erin Wilder-Doomes on 1/18/2023. (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: #9 MOTION for Extension of Time to File Amended Notice of Removal. This motion is now pending before the USMJ. (EDC) |
| Filing 9 MOTION for Extension of Time to File Amended Notice of Removal by Third Coast Insurance Company (Attachments: #1 Proposed Pleading; Order)(Gehman, Ney) |
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Filing 8
ORDER denying, without prejudice, the #7 Motion for Leave to File First Amended Notice of Removal (Motion), filed by Defendant Third Coast Insurance Company (Third Coast), for failure to comply with the Courts 12/29/2022 Order (R. Doc. 6). The proposed Amended Notice of Removal is not comprehensive as it adopts and incorporates allegations in the original Notice of Removal by reference. Additionally, while Plaintiffs citizenship is adequately alleged (see R. Doc. 7-1, X, alleging that Plaintiff is domiciled in Louisiana), the allegations regarding the citizenship of Defendant Actions Resources, LLC (Action Resources) are still deficient because they do not sufficiently allege the citizenship of Action Resources sole member, Action Enterprise Holdings, LLC, in accordance with the requirements of 28 U.S.C. 1332(a) and (c). Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008). The requirements of Harvey also apply to any member of a limited liability company which is also a limited liability company. See Turner Bros. Crane and Rigging, LLC v. Kingboard Chemical Holding Ltd., No. 06-88, 2007 WL 2848154, at *4 (M.D. La. 9/24/07). IT IS ORDERED that by no later than 1/13/2022, Third Coast shall file a Motion for Leave to Amend the #1 Notice of Removal, which attaches a proposed, comprehensive Amended Notice of Removal that includes all of Third Coasts allegations, as revised, supplemented, and/or amended, and which properly alleges the citizenship of Defendant Action Resources, LLC. The case is subject to remand if subject matter jurisdiction is not adequately established. Signed by Magistrate Judge Erin Wilder-Doomes on 01/06/2023. (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: #7 MOTION for Leave to File Amended Notice of Removal. This motion is now pending before the USMJ. (EDC) |
| Filing 7 MOTION for Leave to File Amended Notice of Removal by Third Coast Insurance Company (Attachments: #1 Proposed Pleading; Proposed Amended Notice of Removal)(Gehman, Ney) |
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Filing 6
NOTICE AND ORDER: IT IS ORDERED that by no later than 1/5/2023, Third Coast Insurance Company ("Third Coast") shall file a Motion for Leave to Amend the #1 Notice of Removal, which attaches a proposed, comprehensive Amended Notice of Removal that includes all of Third Coasts allegations, as revised, supplemented, and/or amended, and which properly alleges the citizenship of Plaintiff Terriana Damond ("Plaintiff") and the citizenship of Defendant Action Resources, LLC ("Action Resources"). Regarding Plaintiff, the Notice of Removal, relying solely on the Petition for Damages, alleges that Plaintiff "is domiciled in East Baton Rouge Parish, Louisiana and is a citizen of Louisiana." R. Doc. 1, X. But the Petition simply states that Plaintiff "reside[s] in Baton Rouge, State of Louisiana" (R. Doc. 1-1, at intro), which is not sufficient for diversity purposes. See Mas v. Perry, 489 F.2d 1396, 1399 (5th Cir. 1974) ("For diversity purposes, citizenship [of an individual] means domicile; mere residence in the State is not sufficient."). Relatedly, the Notice of Removal alleges that Action Resources is citizen of Alabama because it is "foreign corporation with its place of incorporation and principal place of business in the State of Alabama." R. Doc. 1, VIII. As currently named, Action Resources is a limited liability company, and the allegations in the Notice of Removal are not sufficient to allege its citizenship because all members of Action Resources are not identified, nor is each member's citizenship affirmatively alleged. Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008). The case will be allowed to proceed if the citizenships of Plaintiff and Action Resources are adequately established, as the citizenship of all other parties has been adequately alleged and the amount in controversy appears met. Signed by Magistrate Judge Erin Wilder-Doomes on 12/29/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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Filing 5
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 3/30/2023 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 3/16/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 12/29/2022. (BLR)
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| Filing 4 ANSWER to Complaint with Jury Demand by Third Coast Insurance Company.(Gehman, Ney) |
| Filing 3 Corporate Disclosure Statement by Third Coast Insurance Company identifying Corporate Parent Accident Fund Insurance Company of America for Third Coast Insurance Company.. (EDC) |
| Filing 2 Certificate of Interested Persons by Third Coast Insurance Company (Gehman, Ney) |
| Filing 1 NOTICE OF REMOVAL from 18th Judicial District Court, Case Number 82,036. (Filing fee $ 402 receipt number ALAMDC-2517140), filed by Third Coast Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Attachment Verification, #4 Attachment Certificate of Filing, #5 Attachment List of Pleadings, #6 Exhibit 1 - List of Pleadings, #7 Exhibit 2 - List of Pleadings, #8 Attachment List of Parties, #9 Attachment Rule 7.1 Corporate Statement, #10 Attachment Civil Cover Sheet)(Gehman, Ney) |
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