London v. Progressive Northern Insurance Company et al
| Kelvin London |
| Progressive Northern Insurance Company, Meachams Enterprise, LLC, Paul Meacham and Essentia Insurance Company |
| 3:2023cv01258 |
| September 5, 2023 |
| US District Court for the Middle District of Louisiana |
| Brian A Jackson |
| Erin Wilder-Doomes |
| Motor Vehicle |
| 28 U.S.C. § 1441 Notice of Removal-Tort/Motor Vehicle (P.I.) |
| Defendant |
Docket Report
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| Filing 17 Notice to Counsel: The Scheduling Conference set for 11/9/2023 is CANCELED. The court will issue a separate scheduling order in this matter. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
| Filing 16 Certificate of Interested Persons by Kelvin London identifying Affiliate/Interested Person Essentia Insurance Company, Affiliate/Interested Person Meachams Enterprise, LLC, Affiliate/Interested Person Paul Meacham, Affiliate/Interested Person Progressive Northern Insurance Company for Kelvin London.. (Kretzsinger, Elizabeth) (Main Document 16 replaced on 10/30/2023) (ELW). Modified on 10/30/2023 to flatten document (ELW). |
| Filing 15 NOTICE OF DEFICIENCY with LR 7.1 as to #14 Status Report. 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. OR 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. (ELW) |
| Filing 14 First STATUS REPORT by All Plaintiffs. (Kretzsinger, Elizabeth) |
| Filing 13 Certificate of Interested Persons by Essentia Insurance Company identifying Corporate Parent Markel Corporation for Essentia Insurance Company.. (Musgrave, Richard) |
| Filing 12 NOTICE OF DEFICIENCY with LR 7.1 as to #10 Stipulation of Dismissal. 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. (NLT) |
| Filing 11 MOTION to Dismiss by Essentia Insurance Company (Attachments: #1 Proposed Pleading; Proposed Order of Dismissal)(Musgrave, Richard) |
| Filing 10 Joint STIPULATION of Dismissal by Essentia Insurance Company. (Musgrave, Richard) |
Filing 9
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 11/9/2023 at 03:30 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 10/26/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 9/26/2023. (BLR)
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| Filing 8 ANSWER to Complaint with Jury Demand by Paul Meacham, Meachams Enterprise, LLC, Progressive Northern Insurance Company.(Gehman, Ney) |
| Filing 7 AMENDED NOTICE OF REMOVAL, filed by Paul Meacham, Meachams Enterprise, LLC, Progressive Northern Insurance Company. (Attachments: #1 Exhibit A-Petition, #2 Exhibit B-Citation, #3 Exhibit C-Email from plaintiff's counsel, #4 Exhibit D-Stipulation)(LLH) |
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Filing 6
ORDER: IT IS ORDERED that the #5 Motion for Leave to File First Amended Notice of Removal filed by Defendants Paul Meacham, Meachams Enterprise, LLC, Progressive Northern Insurance Company is HEREBY GRANTED, as it was filed in accordance with the Court's 4 Order and properly identifies the citizenship of all parties, particularly, Progressive Northern Insurance Company (WI/OH) and provides evidence of the amount in controversy. Accordingly, the Clerk of Court is directed to docket the First Amended Notice of Removal and attached exhibits at R. Docs. 5-2 through 5-6 into the record of this matter, which shall become the operative Notice of Removal. Signed by Magistrate Judge Erin Wilder-Doomes on 9/25/2023. (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: #5 MOTION for Leave to File First Amended Notice of Removal . This motion is now pending before the USMJ. (ELW) |
| Filing 5 MOTION for Leave to File First Amended Notice of Removal by Paul Meacham, Meachams Enterprise, LLC, Progressive Northern Insurance Company (Attachments: #1 Proposed Order, #2 Proposed Pleading; First Amended Notice of Removal, #3 Exhibit A-Petition, #4 Exhibit B-Citation, #5 Exhibit C-Email from plaintiff's counsel, #6 Exhibit D-Stipulation)(Gehman, Ney) |
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Filing 4
NOTICE AND ORDER: Defendants Paul Meacham, Meacham Enterprises, LLC, and Progressive Northern Insurance Company ("Progressive") removed this case on September 5, 2023 alleging jurisdiction under 28 U.S.C. 1332. The citizenship of each of the following parties has been adequately alleged: Plaintiff (LA), Meacham (NE), Meacham Enterprises (NE), and Essentia Insurance Co. (MO/MO). R. Doc. 1, paras. 11-13, 15-16. The citizenship of Progressive has not been adequately alleged as only its place of incorporation (WI) has been specifically identified. R. Doc. 1, para. 14. Defendants must also identify Progressive's principal place of business. See 28 U.S.C. 1332(c). Furthermore, in support of amount in controversy, the Notice of Removal references, along with other non-dispositive evidence (i.e., failure to stipulate, lack of an La. C.C. art. 893 allegation), that Plaintiff has incurred approximately $60,000 for past medical procedures, but no summary judgment-type evidence of these expenses was submitted. R. Doc. 1, para. 7. Because it is not facially apparent from the Petition that Plaintiff's damages likely exceed $75,000, exclusive of interests and costs, Defendants must meet that burden by a preponderance of the evidence. While "summary judgment-type evidence" can be considered in support of removal (see, Manguno v. Prudential Prop. and Cas. Ins. Co., 276 F.3d 720, 723 (5th Cir. 2002) (citations omitted)), counsel's arguments or statements in briefs are not "summary judgment-type evidence." Accordingly, IT IS ORDERED that, by no later than September 22, 2023, Defendants shall file a motion for leave with a comprehensive amended notice of removal attached that adequately alleges the citizenship of Progressive and that includes evidence of Plaintiff's past medical expenses and all other similar evidence in support of the amount in controversy. Signed by Magistrate Judge Erin Wilder-Doomes on 9/8/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 3 Corporate Disclosure Statement by Meachams Enterprise, LLC, Progressive Northern Insurance Company identifying Corporate Parent Paul Meacham for Meachams Enterprise, LLC; Corporate Parent The Progressive Corporation, Corporate Parent Progressive Agency Holdings, Inc. for Progressive Northern Insurance Company.. (Gehman, Ney) |
| Filing 2 Certificate of Interested Persons by Paul Meacham, Meachams Enterprise, LLC, Progressive Northern Insurance Company identifying Affiliate/Interested Person Essentia Insurance Company, Affiliate/Interested Person Meachams Enterprise, LLC, Affiliate/Interested Person Paul Meacham, Affiliate/Interested Person Kelvin London, Affiliate/Interested Person Progressive Northern Insurance Company for Meachams Enterprise, LLC, Paul Meacham, Progressive Northern Insurance Company.. (Gehman, Ney) |
| Filing 1 NOTICE OF REMOVAL from 19th Judicial District Court, East Baton Rouge Parish, Case Number 734697. (Filing fee $ 402 receipt number ALAMDC-2632057), filed by Paul Meacham, Meachams Enterprise, LLC, Progressive Northern Insurance Company. (Attachments: #1 Exhibit A - Petition for Damages, #2 Exhibit B - Citation of Service, #3 Exhibit C - Stipulation, #4 Attachment Verification, #5 Affidavit Certificate of Filing, #6 Attachment List of Pleadings, #7 Exhibit 1 - List of Pleadings, #8 Exhibit 2 - List of Pleadings, #9 Exhibit 3 - List of Pleadings, #10 Exhibit 4 - List of Pleadings, #11 Exhibit 5 - List of Pleadings, #12 Attachment List of Parties, #13 Attachment Civil Cover Sheet)(Gehman, Ney) |
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