Antolic v. Homesite Insurance Company
| John Antolic |
| Homesite Insurance Company |
| 3:2022cv01106 |
| December 29, 2022 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal-Property Damage |
| Defendant |
Docket Report
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Filing 19
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 4/13/2023 at 03:00 PM 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 18
ORDER: The #7 Motion to Supplement Notice of Removal, filed by Defendant Homesite Insurance Company, is GRANTED as it complies with the Court's 6 Order to file Plaintiff's pre-Petition proof of loss sent to Homesite and relied upon by Homesite to establish the amount in controversy requirement of 28 U.S.C. 1332, and files corrected Secretary of State service information. Accordingly, the Clerk of Court is directed to attach the supplemented exhibits at R. Doc. 7-4 and R. Doc. 7-5 to the #1 Notice of Removal. 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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| Filing 17 ANSWER to Complaint with Jury Demand and Affirmative Defenses by Homesite Insurance Company. (Attachments: #1 Exhibit "A" Certified Policy)(Moragas, David) |
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Filing 16
ORDER granting #11 Motion to Withdraw and Substitute Counsel of Record. Chance White is withdrawn and Christopher Burge is enrolled as additional counsel of record on Plaintiff's behalf. Signed by Magistrate Judge Erin Wilder-Doomes on 1/5/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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Filing 15
ORDER striking 8 Motion to Withdraw and Substitute Counsel of Record for failure to comply with Local Civil Rule 10(a)(1), all documents drafted for filing in this Court shall be on 8-1/2 by 11 inch paper. Signed by Magistrate Judge Erin Wilder-Doomes on 1/5/2023. (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: #11 MOTION to Substitute Christopher Burge in place of Chance White as Attorney . This motion is now pending before the USMJ. (JEG) |
| Filing 14 Exhibit(s) to #7 MOTION to Supplement #1 Notice of Removal by Homesite Insurance Company. (Attachments: #1 Exhibit "1" Supplemental and Amending Notice of Removal, #2 Exhibit "A" All Pleadings filed with 21st JDC, #3 Exhibit "B" La SOS Service of Process Info, #4 Exhibit "C" Plaintiff Letter to Homesite dated 08-17-22)(Moragas, David) |
| Filing 13 Exhibit(s) to #1 Notice of Removal, by Homesite Insurance Company. (Attachments: #1 Exhibit "A" All Pleadings filed with 21st JDC, #2 Exhibit "B" La SOS Service of Process Info, #3 Exhibit "C" Plaintiff Ltr to Homesite dated 08-17-22)(Moragas, David) |
| Filing 12 Civil Cover Sheet by Homesite Insurance Company re #1 Notice of Removal, (Williams, Lauren) Modified on 1/4/2023 to edit docket text (JEG). |
| Filing 11 MOTION to Substitute Christopher Burge in place of Chance White as Attorney by John Antolic (Attachments: #1 Proposed Order)(White, Chance) |
| Filing 10 Notice of Deficiency with Administrative Procedure III(A)(1) as to #7 Motion to Amend. 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 9 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 8 STRICKEN FROM THE RECORD MOTION to to Withdraw and Substitute Counsel of Record by John Antolic (Attachments: # 1 Proposed Order)(White, Chance) Modified on 1/4/2023 to reflect correct event. (JEG). Modified on 1/6/2023 to remove document as it has been stricken #15 (LLH). |
| MOTION(S) REFERRED: #7 MOTION to Supplement #1 Notice of Removal. This motion is now pending before the USMJ. (JEG) |
| MOTION(S) REFERRED: 8 MOTION to Withdraw and Substitute Counsel of Record. This motion is now pending before the USMJ. (JEG) |
| Filing 7 MOTION to Supplement #1 Notice of Removal by Homesite Insurance Company (Attachments: #1 Proposed Order, #2 Proposed Pleading; Exhibit 1, #3 Exhibit "A", #4 Exhibit "B", #5 Exhibit "C")(Moragas, David) Modified on 1/4/2023 to edit correct event /title of document and to edit attachment 1 description (JEG). |
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Filing 6
NOTICE AND ORDER: Defendant Homesite Insurance Company removed this case to this Court on December 29, 2022 alleging subject matter jurisdiction under 28 U.S.C. 1332. The Notice of Removal adequately alleges the citizenship of Plaintiff John Antolic (LA) and Homesite (WI/MA), who are diverse. In support of the amount in controversy, the #1 Notice of Removal references a pre-Petition letter attached as Exhibit B that Plaintiff allegedly sent to Homesite, stating that Plaintiff obtained :'a fixed price bid for rebuilding of the damaged property' which concluded that the cost to repair the damage caused by Hurricane Ida was $62,023.31, after factoring in amounts already paid by Homesite and the policy's deductible." Plaintiff's claim for bad faith penalties is estimated to be at least an additional $31,011.65. However, the alleged letter is not attached to the Notice of Removal (and the document that is attached as Exhibit B does not appear to relate to this case). Because it is not facially apparent from the Petition that Plaintiff's damages likely exceed $75,000, exclusive of interests and costs, Homesite must meet that burden by a preponderance of the evidence. While "summary judgment-type evidence" can be considered in support of removal (see, Manguno v. Prudential Prop. and Cas. Ins. Co., 276 F.3d 720, 723 (5th Cir. 2002) (citations omitted)), counsel's arguments or statements in briefs are not "summary judgment-type evidence." Accordingly, by no later than January 10, 2023, Homesite shall file a motion to supplement the #1 Notice of Removal to include the letter as an exhibit. 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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| Filing 5 Certificate of Interested Persons by Homesite Insurance Company identifying Affiliate/Interested Person John Antolic, Affiliate/Interested Person AmFam Holdings, Inc., Affiliate/Interested Person Homesite Insurance Company, Affiliate/Interested Person Homesite Securities Company, LLC, Affiliate/Interested Person Homesite Group Incorporated, Affiliate/Interested Person AMFAM, Inc., Affiliate/Interested Person American Family Mutual insurance Company, S.I., Affiliate/Interested Person American Family Mutual Holding Company for Homesite Insurance Company. (Moragas, David) |
| Filing 4 Corporate Disclosure Statement by Homesite Insurance Company identifying Corporate Parent AmFam Holdings, Inc., Corporate Parent Homesite Securities Company, LLC, Corporate Parent Homesite Group Incorporated, Corporate Parent AMFAM, Inc., Corporate Parent American Family Mutual Insurance Company, S.I., Corporate Parent American Family Mutual Holding Company for Homesite Insurance Company. (Moragas, David) |
| Filing 3 NOTICE of Compliance by Homesite Insurance Company to #1 Notice of Removal, (Moragas, David) |
| Filing 2 NOTICE OF List of Parties by Homesite Insurance Company re #1 Notice of Removal, (Moragas, David) |
| Filing 1 NOTICE OF REMOVAL from 23rd Judicial District Court, Case Number 135-317, Div E. (Filing fee $ 402 receipt number ALAMDC-2521052), filed by Homesite Insurance Company. (Attachments: #1 Attachment Civil Cover sheet, #2 Exhibit "A", #3 Exhibit "B")(Moragas, David) (Attachment 1 replaced on 1/4/2023) (JEG). Modified on 1/4/2023 to edit State Court information (JEG). ( #4 Attachment Exhibit C Suit Search, #5 Attachment Exhibit D - Proof of Loss) . Modified on 1/10/2023 to add attachments per Order #18 (LLH). |
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| Plaintiff: John Antolic | |
| Represented By: | Chance Christopher White |
| Represented By: | Christopher Ryan Burge |
| Represented By: | Yulia Houghtaling |
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| Defendant: Homesite Insurance Company | |
| Represented By: | David M. Moragas |
| Represented By: | Lauren Accardo Williams |
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