Earhart et al v. Indemnity Insurance Company of North America et al
| Ellen Earhart, Keith Earhart, Daniel Earhart and Peyton Earhart |
| Garrison Property and Casualty Insurance Company, Indemnity Insurance Company of North America, Truckers Nationwide Inc, Transtar Insurance Brokers, Inc., EMA Risk Services, LLC, Expediters & Transport Solutions, Mohave Transportation Insurance Company, Ace American Insurance Company and Jack Duff, III |
| 3:2022cv01050 |
| December 22, 2022 |
| US District Court for the Middle District of Louisiana |
| Brian A Jackson |
| Erin Wilder-Doomes |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Defendant |
Docket Report
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This docket was last retrieved on January 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 AMENDED NOTICE OF REMOVAL, filed by Garrison Property and Casualty Insurance Company. (Attachments: #1 Exhibit List to Amended Notice of Removal, #2 Exhibit A - Petition for Damages, #3 Exhibit B - Domicile/PBB Indemnity Ins, #4 Exhibit C - Domicile/PBB Trucker's Nationwide, #5 Exhibit D - Domicile/PBB Transtar Ins Brokers, #6 Exhibit E - Domicile/PBB/Citizenship EMA Risk Services, #7 Exhibit E-1 - Domicile/PBB/Citizenship XPT Partners, #8 Exhibit E-2 - Domicile/PBB/Citizenship XPT Group, #9 Exhibit E-3 - Domicile/PPB XPT Group, #10 Exhibit F - Domicile/PBB Expediters & Transport, #11 Exhibit F-1 Domicile/PBB/Citizenship Expediters & Transport, #12 Exhibit G - Domicile/PBB Mohave Transportation Ins. Co, #13 Exhibit H - Domicile/PBB Ace American Ins. Co., #14 Exhibit H - Domicile/PBB Ace American Ins. Co., #15 Exhibit J - Plaintiffs' Responses to RFAs, #16 Exhibit K - Consents to Removal, #17 Exhibit L - State Court Record)(LLH) |
Filing 13
ORDER: The #12 Motion for Leave to File Amended Notice of Removal, filed by Defendant Garrison Property and Casualty Insurance Company, is GRANTED, as the Amended Notice of Removal complies with the Courts 8 and 10 Orders to properly identify the citizenship of all parties and indicates that the requirements of 28 U.S.C. 1332 are met. Accordingly, the Clerk of Court is directed to docket the [12-1] Amended Notice of Removal, with attached exhibits (R. Docs. 12-2 through 12-18), into the record of this matter, which will become the operative Notice of Removal. 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: #12 MOTION for Leave to File Amended Notice of Removal . This motion is now pending before the USMJ. (JEG) |
| Filing 12 MOTION for Leave to File Amended Notice of Removal by Garrison Property and Casualty Insurance Company (Attachments: #1 Proposed Pleading; Amended Notice of Removal, #2 Exhibit List to Amended Notice of Removal, #3 Exhibit A - Petition for Damages, #4 Exhibit B - Domicile/PBB Indemnity Ins, #5 Exhibit C - Domicile/PBB Trucker's Nationwide, #6 Exhibit D - Domicile/PBB Transtar Ins Brokers, #7 Exhibit E - Domicile/PBB/Citizenship EMA Risk Services, #8 Exhibit E-1 - Domicile/PBB/Citizenship XPT Partners, #9 Exhibit E-2 - Domicile/PBB/Citizenship XPT Group, #10 Exhibit E-3 - Domicile/PPB XPT Group, #11 Exhibit F - Domicile/PBB Expediters & Transport, #12 Exhibit F-1 Domicile/PBB/Citizenship Expediters & Transport, #13 Exhibit G - Domicile/PBB Mohave Transportation Ins. Co., #14 Exhibit H - Domicile/PBB Ace American Ins. Co., #15 Exhibit I - Judgment Dismissing Penske with Prejudice, #16 Exhibit J - Plaintiffs' Responses to RFAs, #17 Exhibit K - Consents to Removal, #18 Exhibit L - State Court Record, #19 Proposed Order)(Roe, Rachel) Modified on 1/24/2023 to edit docket text (JEG). |
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Filing 11
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 4/13/2023 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 3/30/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 1/11/2023. (BLR)
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Filing 10
NOTICE AND ORDER: The #9 Motion for Leave to File Amended Notice of Removal, filed by Defendant Garrison Property and Casualty Insurance Company, is DENIED. As removing defendant, Garrison has the burden of establishing this Court's subject matter jurisdiction, and the proposed amended notice of removal fails to adequately plead the citizenship of XPT Group, LLC, one of the underlying members of Defendant EMA Risk Services, LLC. In footnote 7 of R. Doc. 9-1, Garrison states that it "is unable to conclusively determine the membership of XPT Group, LLC," but contends that "upon information and belief, XPT Group is not a citizen of the State of Louisiana." Negative allegations of citizenship are insufficient. Truxillo v. American Zurich Ins. Co., 2016 WL 6987127, at *6 (M.D. La. Oct. 24, 2016). If Garrison cannot adequately establish the citizenship of all parties by identifying and affirmatively stating the citizenship of each member, then the Court cannot determine whether subject matter jurisdiction exists and the case must be remanded. Accordingly, IT IS ORDERED that, on or before January 23, 2023, Defendant Garrison Property and Casualty Insurance Company shall file either a motion for leave to file an amended notice of removal that adequately alleges the citizenship of all parties, including any member of any limited liability company that is also a limited liability company, or a motion to withdraw the Notice of Removal for lack of subject matter jurisdiction. Signed by Magistrate Judge Erin Wilder-Doomes on 1/9/2023. (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: #9 MOTION for Leave to File Amended Notice of Removal . This motion is now pending before the USMJ. (LLH) |
| Filing 9 MOTION for Leave to File Amended Notice of Removal by Garrison Property and Casualty Insurance Company (Attachments: #1 Proposed Pleading; Amended Notice of Removal, #2 Exhibit List to Amended Notice of Removal, #3 Exhibit A - Petition for Damages, #4 Exhibit B - Domicile/PBB Indemnity Ins, #5 Exhibit C - Domicile/PBB Trucker's Nationwide, #6 Exhibit D - Domicile/PBB Transtar Ins Brokers, #7 Exhibit E - Domicile/PBB/Citizenship EMA Risk Services, #8 Exhibit E-1 - Domicile/PBB/Citizenship XPT Partners, #9 Exhibit E-2 - Domicile/PBB/Citizenship XPT Group, #10 Exhibit F - Domicile/PBB Expediters & Transport, #11 Exhibit F-1 - Domicile/PBB/Citizenship Expediters & Transport, #12 Exhibit G - Domicile/PBB Mohave Transportation Ins Co, #13 Exhibit H - Domicile/PBB Ace American Ins Co, #14 Exhibit I - Judgment Dismissing Penske with prejudice, #15 Exhibit J - Requests for Admissions with Plaintiffs' Responses, #16 Exhibit K - Consent to Removal, #17 Exhibit L - State Court Record, #18 Proposed Pleading; Proposed Order)(Roe, Rachel) |
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Filing 8
NOTICE AND ORDER: Defendant Garrison Property and Casualty Insurance Company removed this case to this Court on December 22, 2022. Garrison alleges that the basis for federal subject matter jurisdiction is diversity of citizenship under 28 U.S.C. 1332. The Notice of Removal adequately alleges that the amount in controversy exceeds $75,000, exclusive of interest and costs, based on Plaintiff Ellen Earhart's response to a pre-removal request for admission. R. Doc. 1-2, p. 33. Plaintiffs are properly alleged to be Louisiana citizens, defendant driver Jack Duff III is properly alleged to be a citizen of Alabama, and the places of incorporation and principal places of business for each of the six defendant corporations are properly alleged (i.e., identifying them as citizens of TX, PA, DE, AZ, and SD). However, the citizenship of the two limited liability defendants EMA Risk Services, LLC and Expediters & Transport Solutions LLC has not been properly alleged. The citizenship of a limited liability company is determined by the citizenship of all its members, each of which must be specifically identified. Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008). Accordingly, IT IS ORDERED that, by no later than January 4, 2023, Defendant Garrison shall file a motion for leave to file an amended Notice of Removal that properly alleges the citizenship of Defendant EMA Risk Services, LLC and Expediters & Transport Solutions LLC and which includes all of Garrison's 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. Signed by Magistrate Judge Erin Wilder-Doomes on 12/28/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 7 Corporate Disclosure Statement by Garrison Property and Casualty Insurance Company. (Roe, Rachel) |
| Filing 6 Certificate of Interested Persons by Garrison Property and Casualty Insurance Company. (Roe, Rachel) (Main Document 6 replaced on 12/28/2022 to flatten document) (JEG). |
| Filing 5 Exhibit(s) to #1 Notice of Removal, by Garrison Property and Casualty Insurance Company. (Attachments: #1 Exhibit A - Petition for Damages, #2 Exhibit B - Domicile/PPB Indemnity Ins, #3 Exhibit C - Domicile/PPB Trucker's Nationwide, #4 Exhibit D - Domicile/PPB Transtar Ins. Brokers, #5 Exhibit E - Domicile/PPB EMA Risk Services, #6 Exhibit F - Domicile/PPB Expediters & Transport, #7 Exhibit G - Domicile/PPB Mohave Transportation Ins. Co., #8 Exhibit H - Domicile/PPB Ace American Ins. Co., #9 Exhibit I - Judgment Dismissing Penske with prejudice, #10 Exhibit J - Requests for Admissions with Plaintiffs' Responses, #11 Exhibit K - Consents to Removal, #12 Exhibit L - State Court Record)(Roe, Rachel) |
| Filing 4 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. (JEG) |
| Filing 3 Notice of Deficiency with Administrative Procedure III(A)(1) as to #1 Notice of Removal. 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. (JEG) |
| Filing 2 Letter to Attorney Robert I. Siegel regarding Rebecca E. Duggan who is Co-Counsel for party Ace American Insurance Company. Attorney is not admitted to practice in LAMD. (JEG) |
| Filing 1 NOTICE OF REMOVAL from 18th JDC, West Baton Rouge Parish, Case Number 1047716 Div B. (Filing fee $ 402 receipt number ALAMDC-2519264), filed by Garrison Property and Casualty Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - K, #3 Exhibit L - State Court Record)(Roe, Rachel) (Attachment 1 replaced on 12/23/2022 to flatten image of document) (JEG). Modified on 12/23/2022 to edit State Court information(JEG). |
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