MJ Superstore, LLC v. Security National Insurance Company
| MJ Superstore, LLC doing business as Furniture Expo, LLC |
| Security National Insurance Company |
| 3:2023cv00621 |
| July 28, 2023 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. ยง 1331 Fed. Question: Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on August 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 AMENDED NOTICE OF REMOVAL, filed by Security National Insurance Company. (Attachments: #1 Exhibit 1 - Citation to SNIC, #2 Exhibit 2 - MS SOS MJ Superstore, #3 Exhibit 3 - LA SOS Furniture Expo, #4 Exhibit 4 - State Court Record)(LLH) |
Filing 11
ORDER granting #10 MOTION for Leave to File Amended Notice of Removal, filed by Defendant Security National Insurance Company. The Motion was filed in response to the Court's 4 Notice and Order to clarify the citizenship allegations as to Plaintiff Furniture Expo, LLC, and the Amended Notice of Removal now adequately alleges the citizenship of all members of Furniture Expo, LLC. The Clerk of Court is instructed to docket the [10-2] Amended Notice of Removal, which will become the operative notice of removal in this case. Signed by Magistrate Judge Erin Wilder-Doomes on 08/07/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
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| Filing 10 MOTION for Leave to File Amended Notice of Removal by Security National Insurance Company (Attachments: #1 Proposed Pleading; Proposed Order, #2 Proposed Pleading; Amended Notice of Removal, #3 Exhibit Exhibit 1 - Citation to SNIC, #4 Exhibit Exhibit 2 - MS SOS MJ Superstore, #5 Exhibit Exhibit 3 - LA SOS Furniture Expo, #6 Exhibit Exhibit 4 - State Court Record)(Burge, Christopher) |
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Filing 9
NOTICE AND ORDER: Defendant Security National Insurance Company ("Defendant") filed a #1 Notice of Removal, alleging that this Court has subject matter jurisdiction under 28 U.S.C. 1332. Plaintiff Furniture Expo, LLC is alleged to be a limited liability company with the following members: Nimer Qadish, Esmat Atra, and Lutfi Khalil. It is further alleged that "both Esmat Atra and Lutfi Khalil are domiciled in and citizens of the State of Louisiana." R. Doc. 1, 7. However, these allegations are insufficient to establish Furniture Expo's citizenship because the citizenship of each member is required. 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). The citizenship of Nimer Qadish (and, thus, of Furniture Expo) has not be adequately alleged as neither the Complaint (R. Doc. 1) nor the Petition (1-5) contain any allegations as to Nimer Qadish's citizenship (i.e., domicile). Accordingly, IT IS ORDERED that by no later than August 11, 2023, Defendant shall file a motion for leave to file a comprehensive amended Notice of Removal that clarifies the citizenship of Qadish (and, therefore, of Furniture Expo), and which includes all of Defendant's numbered allegations, as revised, supplemented, and/or amended. This case will be allowed to proceed if jurisdiction is adequately established, as citizenship has been adequately alleged for Plaintiff MJ Superstore, LLC and for Defendant, and the amount in controversy appears met. Signed by Magistrate Judge Erin Wilder-Doomes on 8/4/2023. (BLR)
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| Filing 8 ANSWER to Complaint by Security National Insurance Company. (Attachments: #1 Exhibit 1)(Burge, Christopher) |
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Filing 7
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 10/26/2023 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 10/12/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 8/1/2023. (BLR) (BLR).
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| Filing 6 There is no record document (6). Entered in error by the Case Administrator. (JEG) Modified on 8/1/2023 to edit the text and remove the document. (JEG). |
| Filing 5 Certificate of Interested Persons by Security National Insurance Company identifying Affiliate/Interested Person Security National Insurance Company, Affiliate/Interested Person AmTrust Financial Services, Inc., Affiliate/Interested Person Evergreen Parent, L.P., Affiliate/Interested Person MJ Superstore, LLC, Affiliate/Interested Person Furniture Expo, LLC, Affiliate/Interested Person Nimer Fino, Affiliate/Interested Person Andoni Fino, Affiliate/Interested Person Emad Fino, Affiliate/Interested Person Nimer Qaqish, Affiliate/Interested Person Esmat Atra, Affiliate/Interested Person Lutfi Khalil for Security National Insurance Company. (Akers, Angie) |
| Filing 4 NOTICE OF DEFICIENCY with LR 7.1 as to #3 Certificate of Interested Persons. Failure to add all listed interested persons to CM/ECF upon filing of Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall add all interested persons listed on the certificate using the event Add Interested Person located under Notices in the CM/ECF system. (JEG) |
| Filing 3 Certificate of Interested Persons by Security National Insurance Company. (JEG) |
| Filing 2 Corporate Disclosure Statement by Security National Insurance Company identifying Corporate Parent AmTrust Financial Services, Inc., Corporate Parent Evergreen Parent, L.P. for Security National Insurance Company.. (Akers, Angie) |
| Filing 1 NOTICE OF REMOVAL from 19th JDC, East Baton Rouge Parish, Case Number C-733796 Div 30. (Filing fee $ 402 receipt number ALAMDC-2613306), filed by Security National Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Citation to SNIC, #3 Exhibit 2 - MS SOS MJ Superstore, #4 Exhibit 3 - LA SOS Furniture Expo, #5 Exhibit 4 - State Court Record, #6 Certificate of Interested Persons)(Akers, Angie) (Attachment 6 replaced on 7/31/2023 to flatten document) (JEG). Modified on 7/31/2023 to edit State Court information. (JEG). |
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