Cowan v. Brown & Brown of Louisiana LLC
Plaintiff: Robert Cowan
Defendant: Brown & Brown of Louisiana LLC
Case Number: 3:2023cv00597
Filed: July 25, 2023
Court: US District Court for the Middle District of Louisiana
Presiding Judge: Richard L Bourgeois
Referring Judge: John W deGravelles
2 Judge: Erin Wilder-Doomes
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2023 Filing 12 Notice to Counsel: Considering this matter has been consolidated with Civil Action No. 23-596, the Scheduling Conference set for 10/12/2023 and the deadline to file a joint status report is CANCELLED. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
August 4, 2023 Opinion or Order Filing 11 NOTICE AND ORDER: Plaintiff Robert Cowan ("Plaintiff") filed a #1 Petition for Declaratory Judgment against Defendant Brown & Brown of Louisiana, LLC ("Defendant"), alleging that this Court has jurisdiction under 28 U.S.C. 1332. R. Doc. 1, 4. The Complaint alleges (1) that Plaintiff, an individual, is domiciled in Louisiana, which is sufficient for diversity purposes, and (2) that the amount in controversy exceeds $75,000. Id. at 1, 4. However, the citizenship of Defendant has not been adequately alleged. Id. at 2 (alleging that Defendant "is a limited liability company organized under the laws of the State of Louisiana, the members of whom are not citizens of the State of Louisiana"). The citizenship of a limited liability company is determined by the citizenship of all its members, each of which must be specifically identified by name (and associated citizenship). Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008) and Nunez v. ACE Am. Ins. Co., No. 17-1593, 2017 WL 6997341, at *4 (M.D. La. Dec. 28, 2017). Further, negative allegations of citizenship, i.e., "none of the members are citizens of Louisiana," are insufficient, as citizenship must be affirmatively alleged. Truxillo v. American Zurich Ins. Co., No. 16-639, 2016 WL 6987127, *6 (M.D. La. Oct. 24, 2016) (citations omitted). Accordingly, IT IS ORDERED that by no later than August 11, 2023, Plaintiff shall file a motion for leave to file a comprehensive amended Complaint that provides sufficient citizenship allegations for Defendant. Signed by Magistrate Judge Erin Wilder-Doomes on 8/4/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
August 4, 2023 Opinion or Order Filing 10 ORDER OF CONSOLIDATION : Civil Action No. 23-597-JWD-EWD is hereby reassigned to Magistrate Judge Richard L. Bourgeois, Jr. and consolidated with Civil Action No. 23-596-JWD-RLB for all further proceedings. Counsel shall review Local Rule 10(b) for procedure governing consolidated cases. (ELW)
August 4, 2023 Cases Associated:Create association to 3:23-cv-00596-JWD-RLB. The captioned matter is consolidated with Lead Case 23-596 and reassigned to JWD-RLB. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (ELW)
August 4, 2023 Case Reassigned to Magistrate Judge Richard L. Bourgeois, Jr.. Magistrate Judge Erin Wilder-Doomes no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (ELW)
July 28, 2023 Opinion or Order Filing 9 SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 10/12/2023 at 02:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 9/28/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 7/28/2023. (BLR)
July 27, 2023 Opinion or Order Filing 8 ORDER granting #6 Motion to Strike Incorrect Pleading (Rec. Doc. 5). Signed by Magistrate Judge Erin Wilder-Doomes on 7/27/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
July 26, 2023 Filing 7 Exhibit(s) to #1 Complaint, by Robert Cowan. (Attachments: #1 Exhibit Ex. 1 - Employment Agreement, #2 Exhibit Ex. 2 - First Amendment to Employment Agreement)(Lavigne, Joseph)
July 26, 2023 Filing 6 MOTION to Strike 5 Exhibit(s) by Robert Cowan (Attachments: #1 Proposed Pleading; Order on Motion to Strike Incorrect Pleading (Rec. Doc. 5))(Lavigne, Joseph)
July 26, 2023 Filing 5 STRICKEN FROM THE RECORD Exhibit(s) to #1 Complaint, by Robert Cowan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Lavigne, Joseph) Modified on 7/27/2023 to remove document as it has been stricken by Order #8 (LLH).
July 26, 2023 Filing 4 Summons Issued as to Brown & Brown of Louisiana LLC. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (JEG)
July 26, 2023 Filing 3 Notice of Deficiency with Administrative Procedure III(A)(1) as to #1 Complaint. 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. Each exhibit MUST include a description (e.g., Ex.1 Plaintiff Depo). (JEG)
July 26, 2023 MOTION(S) REFERRED: #6 MOTION to Strike 5 Exhibit(s) . This motion is now pending before the USMJ. (LLH)
July 25, 2023 Filing 2 Certificate of Interested Persons by Robert Cowan identifying Affiliate/Interested Person Robert Cowan for Robert Cowan.. (Lavigne, Joseph)
July 25, 2023 Filing 1 COMPLAINT for Declaratory Judgment against Brown & Brown of Louisiana LLC ( Filing fee $ 402 receipt number ALAMDC-2611052.), filed by Robert Cowan. (Attachments: #1 Exhibit 1 - Employment Agreement, #2 Exhibit 2 - First Amendment to Employment Agreement, #3 Civil Cover Sheet, #4 Summons)(Lavigne, Joseph) Modified on 7/26/2023 to edit title of document. (JEG).

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Plaintiff: Robert Cowan
Represented By: Joseph F. Lavigne
Represented By: George J. Fowler, III
Represented By: Jacob Jude Pritt
Represented By: Luis Emilio Llamas
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Defendant: Brown & Brown of Louisiana LLC
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