Alves v. McCurdy et al
| Yolanda Y Alves and Yolanda Y. Alves |
| Maddie G McCurdy, Southern-Owners Insurance Company and Maddie G. McCurdy |
| 3:2023cv00319 |
| April 26, 2023 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Erin Wilder-Doomes |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Defendant |
Docket Report
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This docket was last retrieved on June 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 7 Notice to Counsel: The Scheduling Conference set for 7/6/2023 is CANCELED pending subject matter jurisdiction. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
| Filing 6 Joint STATUS REPORT by Yolanda Y. Alves. (Montalbano, Michael) |
| Filing 5 Revocation of STIPULATIONS by Yolanda Y. Alves. (Montalbano, Michael) Modified on 5/5/2023 to edit the text (NLT). |
Filing 4
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 7/6/2023 at 11:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 6/22/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 5/1/2023. (BLR) Modified to edit text on 5/1/2023 (BLR).
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Filing 3
ORDER: NOTICE AND ORDER: On April 26, 2023, Maddie McCurdy and Southern-Owners Insurance Company ("Defendants") removed this matter, asserting that this Court has diversity subject matter jurisdiction under 28 U.S.C. 1332. R. Doc. 1. Plaintiff Yolanda Alves is properly alleged to be a citizen of Louisiana and Defendants are properly alleged to be citizens of Florida and of Michigan, respectively. R. Docs. 1 and 1-2. Regarding the amount in controversy requirement, Defendants allege that in December 2022, Plaintiff filed a written stipulation in the State court record that the "amount in controversy does not exceed the sum or value of $75,000" and that she would not seek damages via settlement or a jury in excess of $75,000, among other things, however on March 27, 2023, Plaintiff's counsel informed defense counsel that "Plaintiff must rescind her [Stipulation] based on additional medical recommendations" received after the Stipulation was executed. See R. Doc. 1, at paras. 3-4; R. Doc. 1-3. Although the Stipulation and an email from Plaintiff's counsel confirming Plaintiff's intent to revoke the Stipulation appear in the record (R. Docs. 1-3 and 1-4), there is nothing showing that Plaintiff has, in fact, revoked her Stipulation. Accordingly, to the extent Plaintiff intends to revoke her Stipulation, she must do so by filing appropriate documentation in this case by no later than May 5, 2023. Signed by Magistrate Judge Erin Wilder-Doomes on 4/28/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 2 Certificate of Interested Persons by Maddie G McCurdy, Southern-Owners Insurance Company identifying Corporate Parent Auto-Owners Insurance Company for Southern-Owners Insurance Company. (Street, Harper) (Main Document 2 replaced on 4/27/2023) (ELW). |
| Filing 1 NOTICE OF REMOVAL from 19th JDC Parish of East Baton Rouge, Case Number C-725626. (Filing fee $ 402 receipt number ALAMDC-2574387), filed by Southern-Owners Insurance Company, Maddie G McCurdy. (Attachments: #1 Attachment Civil Cover Sheet, #2 Exhibit State Court Record, #3 Exhibit Plaintiff's Written Stipulation, #4 Exhibit Email Confirmation with Plaintiff's Counsel, #5 Exhibit Notice of Filing to State Court)(Street, Harper) (Attachment 1 replaced on 4/27/2023) (ELW). (Attachment 2 replaced on 4/27/2023) (ELW). Modified on 4/27/2023 to flatten and rotate documents (ELW). |
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