Schnackenberg et al v. Aegis Security Insurance Company et al
| Crystal Schnackenberg and Morris Bart LLC |
| Aegis Security Insurance Company and Carrington Mortgage Services LLC |
| 3:2023cv01272 |
| September 7, 2023 |
| US District Court for the Middle District of Louisiana |
| Brian A Jackson |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on November 2, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| MOTION(S) REFERRED: #10 MOTION for Leave to File Amended Notice of Removal . This motion is now pending before the USMJ. (BLR) |
| Filing 10 Third MOTION for Leave to File Amended Notice of Removal by Aegis Security Insurance Company (Attachments: #1 Proposed Pleading; Proposed Notice of Removal, #2 Proposed Pleading; Proposed Order, #3 Exhibit State Court Action, #4 Exhibit PA SOS)(Bautista, Angela) |
Filing 9
ORDER denying #8 MOTION for Leave to File Amended Notice of Removal. By no later than November 1, 2023, Aegis shall file a motion for leave, with a comprehensive amended notice of removal attached that adequately alleges the citizenship of all parties. Signed by Magistrate Judge Erin Wilder-Doomes on 10/25/2023. (EDC)
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| MOTION(S) REFERRED: #8 Second MOTION for Leave to File Amended Notice of Removal . This motion is now pending before the USMJ. (JEG) |
| Filing 8 MOTION for Leave to File Amended Notice of Removal by Aegis Security Insurance Company (Attachments: #1 Proposed Pleading; Proposed Notice of Removal, #2 Exhibit State Court Action, #3 Exhibit Aegis SOS, #4 Proposed Order)(Bautista, Angela) Modified on 10/24/2023 to edit title of document and to remove duplicate description of attachment 4. (JEG). Modified on 10/25/2023 in accordance with record document 9. (EDC). |
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Filing 7
ORDER: The #6 Motion for Leave to File Amended Notice of Removal, filed by Defendant Aegis Security Insurance Company, is DENIED. The [6-1] Aegis' First Amended and Superseding Notice of Removal does not adequately allege the citizenship of Defendant Carrington Mortgage Services, LLC because the members of Carrington's sole member, Carrington Capital Management LLC, are not identified, nor are the citizenships of those members alleged. When an LLC has a member which is also an LCC, the citizenship of the member LLC must be traced through however many layers of partners and members there may be. Stephens Prod. Co. v. Wildhorse Res. II, LLC, No. 15-167, 2015 WL 4406017, at *1 (W.D. La. July 17, 2015). IT IS ORDERED that, on or before October 23, 2023, Aegis shall file a motion for leave to file an amended notice of removal that adequately alleges the citizenship of all parties. Failure to timely cure the defective jurisdictional allegations may result in remand of this case without further notice. Signed by Magistrate Judge Erin Wilder-Doomes on 10/16/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
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| MOTION(S) REFERRED: #6 MOTION for Leave to File Amended Notice of Removal . This motion is now pending before the USMJ. (EDC) |
| Filing 6 MOTION for Leave to File Amended Notice of Removal by Aegis Security Insurance Company (Attachments: #1 Proposed Pleading; Proposed Pleading, #2 Exhibit State Court Action, #3 Exhibit PA SOS, #4 Exhibit FL SOS, #5 Attachment Proposed Order)(Bautista, Angela) |
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Filing 5
ORDER: By no later than 10/13/2023, Defendant Aegis Security Insurance Company shall file a motion for leave, with an amended Notice of Removal attached that properly alleges the citizenship of all parties as stated herein. Signed by Magistrate Judge Erin Wilder-Doomes on 10/6/2023. (EDC)
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| Filing 4 ANSWER to Complaint by Aegis Security Insurance Company.(Bautista, Angela) |
| Filing 3 Certificate of Interested Persons by Aegis Security Insurance Company identifying Corporate Parent ECFPK Insurance Holdings for Aegis Security Insurance Company. (Bautista, Angela) |
| Filing 2 NOTICE OF DEFICIENCY with LR 7.1 as to #1 Notice of Removal. 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. (EDC) |
| Filing 1 NOTICE OF REMOVAL from 23rd Judicial District Court, Case Number 137684. (Filing fee $ 402 receipt number ALAMDC-2633501), filed by Aegis Security Insurance Company. (Attachments: #1 Exhibit State Court Record, #2 Exhibit Civil Cover Sheet)(Bautista, Angela) |
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