Bennett et al v. Marathon Petroleum Company LP et al
| Brian Bennett, Glynn Burr and Erica Daigle |
| Marathon Petroleum Company LP, MPC Investment LLC, Total Safety U.S., Inc., Onpoint Industrial Services, LLC, Turner Specialty Services, L.L.C., Turner Industries Energy Services, LLC and Turner Industries Group, L.L.C. |
| 3:2023cv00116 |
| February 16, 2023 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Shelly D Dick |
| Scott D Johnson |
| Erin Wilder-Doomes |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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| Filing 19 AMENDED NOTICE OF REMOVAL, filed by Total Safety U.S., Inc., Onpoint Industrial Services, LLC. (Attachments: #1 Exhibit 1 (1 of 4): Complete State Court Record, #2 Exhibit 1 (2 of 4): Complete State Court Record, #3 Exhibit 1 (3 of 4): Complete State Court Record, #4 Exhibit 1 (4 of 4): Complete State Court Record, #5 Exhibit 2: Service Emai, #6 Exhibit 3: State Court Docket Sheet, #7 Exhibit 4: Turners' Discovery Responses, #8 Exhibit 5: Plaintiffs' Discovery Responses, #9 Exhibit 6: Affidavit of Franks, #10 Exhibit 7: Service Email, #11 Exhibit 8: Certificate of No Service, #12 Exhibit 9: Consent to Removal, #13 Exhibit List Exhibit List, #14 Attachment Certificate of Interested Persons)(LLH) |
Filing 18
ORDER: The #16 Motion for Leave to File Amended Notice of Removal, filed by Defendants Onpoint Industrial Services, LLC, Total Safety U.S., Inc. is GRANTED, as it was filed in compliance with the Court's #15 order, and properly identifies the citizenship of all Plaintiffs (LA), and the diverse defendants: Marathon Petroleum Company LP, with 2 identified partners (DE/OH) and one identified partner in the original Notice of Removal at R. Doc. 1, para. 12 (DE/OH); MPC Investment LLC with 1 identified member (DE/OH); Total Safety U.S. Inc. (DE/TX); Onpoint Industrial Services LLC with 2 identified members (DE/TX), and the three insurance defendants allegedly added via the Fifth Amended Petition, Starr Indemnity & Liability Company (TX/NY), Associated Industries Insurance Co. (Fl/FL), and Ace American Insurance Co. (PA/PA). Accordingly the Clerk of Court is directed to docket the [16-1] Amended Notice of Removal, with the exhibits attached at R. Doc. 16-2 through R. Doc. 16-16, into the record of this matter, which will become the operative Notice of Removal. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 17 MEMORANDUM Regarding Amount in Controversy Requirement by Onpoint Industrial Services, LLC, Total Safety U.S., Inc. (Attachments: #1 Exhibit List Exhibit List for Memorandum, #2 Exhibit 1-Onpoint's Discovery Responses, #3 Exhibit 2-Onpoint's Primary Liability Policy, #4 Exhibit 3-Onpoint's Excess Liability Policy, #5 Exhibit 4-Correspondence Regarding Stipulation)(Anada, Tarak) Modified on 4/10/2023 to edit title of document. (JEG). |
| MOTION(S) REFERRED: #16 MOTION for Leave to File Amended Notice of Removal . This motion is now pending before the USMJ. (EDC) |
| Filing 16 MOTION for Leave to File Amended Notice of Removal by Onpoint Industrial Services, LLC, Total Safety U.S., Inc. (Attachments: #1 Proposed Pleading; Amended Notice of Removal, #2 Exhibit 1 (1 of 4): Complete State Court Record, #3 Exhibit 1 (2 of 4): Complete State Court Record, #4 Exhibit 1 (3 of 4): Complete State Court Record, #5 Exhibit 1 (4 of 4): Complete State Court Record, #6 Exhibit 2: Service Email, #7 Exhibit 3: State Court Docket Sheet, #8 Exhibit 4: Turners' Discovery Responses, #9 Exhibit 5: Plaintiffs' Discovery Responses, #10 Exhibit 6: Affidavit of Franks, #11 Exhibit 7: Service Email, #12 Exhibit 8: Certificate of No Service, #13 Exhibit 9: Consent to Removal, #14 Exhibit List Exhibit List, #15 Attachment Certificate of Interested Persons, #16 Attachment Proposed Order Granting Leave)(Anada, Tarak) (Attachments 2 & 5 replaced on 3/31/2023) (EDC). Modified on 3/31/2023 to rotate pages. (EDC). |
| Filing 15 Minute Entry/Telephone Conference Report and Order for proceedings held before Magistrate Judge Erin Wilder-Doomes. Telephone Conference held on 3/23/2023. Onpoint Industrial Services, LLC and Total Safety, U.S., Inc. shall file a motion for leave to file an amended Notice of Removal which attaches a comprehensive amended Notice of Removal by no later than 3/30/2023. Onpoint Industrial Services, LLC and Total Safety, U.S., Inc. shall file a memorandum and supporting evidence concerning whether the amount in controversy requirement of 28 U.S.C. 1332 is met on or before 4/6/2023. Plaintiff shall file a supplemental memorandum in support of thepending Motion to Remand, limited to five pages, solely addressing those issues if Plaintiffs Brian Bennett, Glynn Burr, and Erica Daigle do not believe that Defendants Onpoint Industrial Services, LLC and Total Safety, U.S., Inc. have adequately established the citizenship of all parties on or before 4/20/2023. Defendants opposition deadline to the pending Motion to Remand, as provided by Local Civil Rule 7(f), is CONTINUED, pending resolution of the jurisdictional deficiencies as to citizenship (of the properly joined parties) and the amount in controversy. (ELW) |
| Filing 14 Certificate of Interested Persons by Brian Bennett, Glynn Burr, Erica Daigle identifying Affiliate/Interested Person Erica Daigle for Brian Bennett, Erica Daigle, Glynn Burr. (Wexler, Noah) |
| Filing 13 NOTICE OF DEFICIENCY with LR 7.1 as to #10 Motion to Remand. 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 12 Notice to Counsel: In light of the pending #10 Motion to Remand good cause exists to defer entry of a scheduling order at this time. The Scheduling Conference set for 4/27/2023 is CANCELED. No status report is due. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
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Filing 11
NOTICE OF TELEPHONE CONFERENCE: IT IS ORDERED that a telephone conference is set for March 22, 2023 at 11:00 A.M. before Magistrate Judge Erin Wilder-Doomes to discuss the improper joinder issues raised in the #10 Motion to Remand filed by Plaintiffs Brian Bennett, Glynn Burr, and Erica Daigle, as well as other issues related to subject matter jurisdiction. Counsel participating in the telephone conference shall call 877-336-1839, using access code 9565780, five minutes prior to conference. Signed by Magistrate Judge Erin Wilder-Doomes on 3/17/2023. (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: #10 MOTION to Remand . This motion is now pending before the USMJ. (BLR) |
| Filing 10 MOTION to Remand by Brian Bennett, Glynn Burr, Erica Daigle (Attachments: #1 Memorandum in Support, #2 Exhibit A-Signed Order Granting Leave to File Fifth Amended Petition, #3 Exhibit B-Fifth Amended Petition, #4 Exhibit C-February 13, 2023 Hearing Transcript, #5 Proposed Order)(Wexler, Noah) |
| Filing 9 Certificate of Interested Persons by Onpoint Industrial Services, LLC, Total Safety U.S., Inc. identifying Affiliate/Interested Person Turner Industries Group, L.L.C., Affiliate/Interested Person Total Safety U.S., Inc., Affiliate/Interested Person Brian Bennett, Affiliate/Interested Person Marathon Petroleum Company, LP, Affiliate/Interested Person MPC Investment LLC, Affiliate/Interested Person Turner Specialty Services, L.L.C., Affiliate/Interested Person Turner Specialty Services, L.L.C., Affiliate/Interested Person Turner Industries Energy Services, LLC, Affiliate/Interested Person Glynn Burr, Affiliate/Interested Person Erica Daigle for Total Safety U.S., Inc.; Corporate Parent Spearhead Holdings, Inc., Affiliate/Interested Person Turner Industries Group, L.L.C., Affiliate/Interested Person Brian Bennett, Affiliate/Interested Person Marathon Petroleum Company, LP, Affiliate/Interested Person MPC Investment LLC, Affiliate/Interested Person Onpoint Industrial Services, LLC, Affiliate/Interested Person Turner Specialty Services, L.L.C., Affiliate/Interested Person Turner Specialty Services, L.L.C., Affiliate/Interested Person Turner Industries Energy Services, LLC, Affiliate/Interested Person Glynn Burr, Affiliate/Interested Person Erica Daigle for Onpoint Industrial Services, LLC. (Anada, Tarak) |
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Filing 8
ORDER: The Certificates of Interested Persons filled by Onpoint Industrial Services, LLC and Total Safety U.S., Inc. are hereby STRICKEN from the record for failure to comply with the Notice of Deficiency (R. Doc. 3). Within one business day, the filer shall file a single Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. Signed by Magistrate Judge Erin Wilder-Doomes on 2/27/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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Filing 7
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 4/27/2023 at 01:30 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 4/13/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 2/23/2023. (BLR)
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| Case reassigned to Magistrate Judge Erin Wilder-Doomes. Magistrate Judge Scott D. Johnson no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (NLT) |
| Filing 6 STRICKEN FROM THE RECORD Certificate of Interested Persons by Onpoint Industrial Services, LLC, Total Safety U.S., Inc. identifying Corporate Parent Spearhead Holdings, Inc. for Onpoint Industrial Services, LLC.. (Anada, Tarak) Modified on 2/27/2023 to remove document as it has been stricken by Order #8 (LLH). |
| Filing 5 STRICKEN FROM THE RECORD Certificate of Interested Persons by Onpoint Industrial Services, LLC, Total Safety U.S., Inc. identifying Corporate Parent Spearhead Holdings, Inc. for Onpoint Industrial Services, LLC.. (Anada, Tarak) Modified on 2/27/2023 to remove document as it has been stricken by Order #8 (LLH). |
| Filing 4 Exhibit(s) to #1 Notice of Removal, by Onpoint Industrial Services, LLC, Total Safety U.S., Inc.. (Attachments: #1 Exhibit 1-(1 of 4) Complete State Court Record, #2 Exhibit 1-(2 of 4) Complete State Court Record, #3 Exhibit 1-(3 of 4) Complete State Court Record, #4 Exhibit 1-(4 of 4) Complete State Court Record, #5 Exhibit 2- Plaintiffs Discovery Responses, #6 Exhibit 3-Service Email, #7 Exhibit 4-Consent to Removal)(Anada, Tarak) |
| 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. (EDC) |
| Filing 2 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. (EDC) |
| Case reassigned to Judge John W. deGravelles. Chief Judge Shelly D. Dick no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (NLT) |
| Filing 1 NOTICE OF REMOVAL from 19th JDC for the Parish of East Baton Rouge, Case Number C-716476. (Filing fee $ 402 receipt number ALAMDC-2544353), filed by Total Safety U.S., Inc., Onpoint Industrial Services, LLC. (Attachments: #1 Exhibit 1 (Part 1 of 3_, #2 Exhibit 1 (Part 2 of 3), #3 Exhibit 1 (Part 3 of 3), #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4)(Anada, Tarak) (Attachment 1 replaced on 2/17/2023) (EDC). Modified on 2/17/2023 to rotate pages. (EDC). |
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