Dominique v. Huff Management Co Inc et al
| Ernest M. Dominique |
| Huff Management Co., Inc., Iberville Manor Apartments and Axis Surplus Insurance Company |
| 3:2023cv00799 |
| August 23, 2023 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Defendant |
Docket Report
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This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 MEMORANDUM in Opposition to #14 MOTION to Grant Leave to File First Supplemental and Amending Complaint filed by Axis Surplus Insurance Company, Huff Management Co., Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lavidalie, Jean) |
| MOTION(S) REFERRED: #14 First MOTION to Amend Grant Leave of Court. This motion is now pending before the USMJ. (ELW) |
Filing 15
NOTICE AND ORDER: On September 28, 2023, Plaintiff Ernest M. Dominique filed a 13 First Supplemental and Amending Complaint without leave or consent. On September 29, 2023, Plaintiff filed a #14 Motion to Grant Leave to File First Supplemental and Amending Complaint, which seeks leave to file the amended complaint adding as a defendant IMA Limited Partnership, the entity that allegedly owns the premises where Plaintiff was purportedly injured. Per the Amended Complaint, IMA is a Louisiana partnership, who lists (a) "Triple R Corporation as its general partner" and (b) Doyle Whittington, an individual who is domiciled in Baton Rouge, Louisiana, as another partner. R. Doc. 13, para. 2(B), and R. Doc. 13-2. The Motion for Leave indicates that the current defendants intend to oppose leave to file the amended complaint, which, if granted, would destroy subject matter jurisdiction. Any opposition memorandum is due within the time period provided under the Local Civil Rules. IT IS ORDERED that the Clerk of Court shall strike the 13 First Supplemental and Amending Complaint, filed by Plaintiff Ernest M. Dominique without leave or consent. The Motion for Leave will be decided in due course after full briefing. Signed by Magistrate Judge Erin Wilder-Doomes on 9/29/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 14 MOTION to Grant Leave to File First Supplemental and Amending Complaint by Ernest M. Dominique (Attachments: #1 Attachment First Supplemental and Amending Complaint, #2 Attachment Louisiana Partnership Registration, #3 Attachment Amended and Restated Articles, #4 Attachment Bizapedia Web Page Business Listing)(Myles, Allen) (Main Document 14 replaced on 10/2/2023) (ELW). (Attachment 1,2,3 and 4 replaced on 10/2/2023) (ELW). Modified on 10/2/2023to correct page orientation (ELW). Modified to edit text on 10/2/2023 (BLR). |
| Filing 13 STRICKEN FROM THE RECORD AMENDED COMPLAINT Ernest M. Dominique against Iberville Manor Apartments, filed by Ernest M. Dominique. (Attachments: # 1 Exhibit Louisiana Partnership Registration Form, # 2 Exhibit Amended Articles, # 3 Exhibit Bizapedia Web Page)(Myles, Allen) Modified on 10/2/2023 to remove document as it has been stricken by Order #15 (LLH). |
| Filing 12 Minute Entry/Telephone Status Conference Report and Order for proceedings held before Magistrate Judge Erin Wilder-Doomes. Telephone Conference held on 9/21/2023. Plaintiff wishes to add or substitute IMA Limited Partnership as a defendant in this case, he must file an appropriate motion for leave to do so by no later than October 12, 2023. The Clerk of Court shall TERMINATE WITHOUT PREJUDICE the Motion to Remand. Motions #6 First MOTION to Remand is TERMINATED. Brief due by 10/12/2023. (ELW) |
| Filing 11 Exhibit(s) to #6 First MOTION to Remand filed by by Ernest M. Dominique. (Attachments: #1 Exhibit Petition for Damages, #2 Exhibit Letter to Attorney Pierrier, #3 Exhibit Management Agreement, #4 Exhibit Business Registration with the Secretary of States Office)(Myles, Allen) |
| Filing 10 NOTICE to Counsel: The Telephone Conference to discuss the #6 Motion to Remand is RESET for 9/21/2023 at 10:00 AM before Magistrate Judge Erin Wilder-Doomes. Counsel participating in the Conference shall call 225-372-6199 using phone conference ID 194727947 five minutes prior to conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) |
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Filing 9
NOTICE AND ORDER: A telephone conference is scheduled before Magistrate Judge Erin Wilder-Doomes on September 14, 2023 at 10:00 a.m. to discuss the #6 Motion to Remand, filed by Plaintiff Ernest M. Dominique. According to the Motion, both Plaintiff and the proper defendant in this matter, IMA Limited Partnership, which is the owner of the alleged defective property where the accident that forms the basis of Plaintiffs claims occurred, are citizens of Louisiana, such that complete diversity does not exist. No opposition memorandum is due at this time. Counsel participating in the Conference shall call 225-372-6199 using phone conference ID 194727947 five minutes prior to conference. Signed by Magistrate Judge Erin Wilder-Doomes on 9/11/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) Modified to edit text to include call in number on 9/14/2023 (BLR).
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| Filing 8 Notice to Counsel: In light of the pending #6 Motion to Remand, good cause is shown to defer entry of a scheduling order at this time. The Scheduling Conference set for 11/30/2023 is CANCELED. Not status report is due. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
| Filing 7 Notice of Deficiency with Administrative Procedure III(A)(1) as to #6 Motion to Remand. 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). (ELW) |
| MOTION(S) REFERRED: #6 First MOTION to Remand filed by. This motion is now pending before the USMJ. (ELW) |
| Filing 6 First MOTION to Remand filed by by Ernest M. Dominique (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Myles, Allen) |
| Filing 5 ANSWER to Petition for Damages with Jury Demand by Axis Surplus Insurance Company, Huff Management Co., Inc.(Lavidalie, Jean) Modified on 9/1/2023 to edit title of document. (JEG). |
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Filing 4
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 11/30/2023 at 01:30 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 11/16/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 8/28/2023. (BLR)
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| *** Add Interested Person by Huff Management Co., Inc. identifying Affiliate/Interested Person Triple R Corporation, Affiliate/Interested Person John Huff, Affiliate/Interested Person Patricia Huff, Affiliate/Interested Person IMA Limited Partnership, Affiliate/Interested Person Lap Rd LLC for Huff Management Co., Inc.. (Lavidalie, Jean) |
| Filing 3 Certificate of Interested Persons by Huff Management Co., Inc. (ELW) |
| Filing 2 Certificate of Interested Persons by Axis Surplus Insurance Company (ELW) |
| Filing 1 NOTICE OF REMOVAL from 18th JDC, Iberville Parish, Case Number 82416. (Filing fee $ 402 receipt number ALAMDC-2624388), filed by Huff Management Co Inc, Axis Surplus Insurance Company. (Attachments: #1 Exhibit A - Petition for Damages, #2 Exhibit B - Medical Records, #3 Exhibit C - Email, #4 Exhibit D - Huff - Secretaries of State, #5 Exhibit E - Dept of Insurance, #6 Exhibit F - Cert of Affiliated Persons - Huff, #7 Exhibit G - Cert of Affiliated Persons - Axis, #8 Exhibit H - Corporate Disclosure Statement - Axis, #9 Civil Cover Sheet)(Lavidalie, Jean) |
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