Stewart et al v. Allstate Vehicle and Property Insurance Company et al
Plaintiff: Dee Stewart and Morris Bart, LLC
Defendant: Allstate Vehicle and Property Insurance Company and Wells Fargo Bank, N.A.
Case Number: 3:2023cv01298
Filed: September 14, 2023
Court: US District Court for the Middle District of Louisiana
Presiding Judge: John W deGravelles
Referring Judge: Erin Wilder-Doomes
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Notice of Removal
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 10, 2023 Filing 13 AMENDED NOTICE OF REMOVAL, filed by Allstate Vehicle and Property Insurance Company. (Attachments: #1 Exhibit A - Service of Process, #2 Exhibit B - LA Business Search, #3 Exhibit C - Records Search, #4 Exhibit D - LA Business Search, #5 Exhibit E - Allstate Home Policy Declarations)(LLH)
October 10, 2023 Opinion or Order Filing 12 NOTICE AND ORDER: IT IS ORDERED that the #11 Ex Parte Motion for Leave to file an amended Notice of Removal filed by Defendant Allstate Vehicle and Property Insurance Company is HEREBY GRANTED, as it was filed in accordance with the Court's 7 Order and properly identifies and clarifies that Allstate Vehicle and Property Insurance Company is the correct defendant. Accordingly, the Clerk of Court is directed to docket the amended Notice of Removal at R. Doc. 11-2, and exhibits thereto at R. Docs. 11-3 through 11-7, into the record of this matter, which shall become the operative Notice of Removal. Signed by Magistrate Judge Erin Wilder-Doomes on 10/10/2023. (BLR)
October 6, 2023 Filing 11 First MOTION for Leave to File Corrected Notice of Removal by Allstate Vehicle and Property Insurance Company (Attachments: #1 Proposed Order on Motion for Leave, #2 Proposed Pleading; Corrected Notice of Removal, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E)(Hill, Michael)
October 5, 2023 Filing 10 Certificate of Interested Persons by Wells Fargo Bank, N.A. identifying Affiliate/Interested Person Wells Fargo & Company, Affiliate/Interested Person Morris Bart, LLC, Affiliate/Interested Person Wells Fargo Bank, N.A., Affiliate/Interested Person Allstate Vehicle and Property Insurance Company, Affiliate/Interested Person Kelley Kronenberg, PA, Affiliate/Interested Person Burr & Forman LLP, Affiliate/Interested Person Dee Stewart, Affiliate/Interested Person Allstate Corporation for Wells Fargo Bank, N.A... (Meyer, Christopher)
October 5, 2023 Filing 9 Corporate Disclosure Statement by Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A... (Meyer, Christopher)
October 5, 2023 Filing 8 ANSWER to Complaint by Wells Fargo Bank, N.A..(Meyer, Christopher)
September 29, 2023 Opinion or Order Filing 7 NOTICE AND ORDER: "Allstate Vehicle and Property" removed this case on September 14, 2023 alleging that the basis for subject matter jurisdiction is diversity of citizenship under 28 U.S.C. 1332. The #1 Notice of Removal adequately alleges an amount in controversy in excess of $75,000, exclusive of interest and costs based on the Petition, which alleges property damage of $88,997.14 and seeks statutory penalties and attorney's fees. (R. Doc. 1-1, p. 7). The LA citizenship of Plaintiff Dee Stewart and Plaintiff Morris Bart, LLC (one member), and the citizenship of Defendant Wells Fargo Bank, N.A. (main office in South Dakota) has also been properly pleaded. R. Doc. 1, paras. 18-20, 23. The identity and citizenship of the correct Allstate entity is unclear. The Petition names "Allstate Vehicle and Property Insurance Company," (R. Doc. 1-1, p. 6, para. 3) but the Notice of Removal references "Allstate Vehicle and Property," "Allstate Insurance Company" and "Allstate Specialty Insurance Company" (R. Doc. 1, intro. para., conclusion, and signature block). Accordingly, by no later than October 6, 2023, Allstate Vehicle and Property shall file a motion for leave to file a comprehensive amended notice of removal that clarifies the Allstate entity that removed the case. Further briefing will be ordered if the removing entity is not the same entity as Allstate Vehicle and Property Insurance Company, the defendant that Plaintiff named in the Petition. 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)
September 27, 2023 Opinion or Order Filing 6 SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 11/30/2023 at 09:30 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 11/16/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 9/27/2023. (BLR)
September 15, 2023 Filing 5 Certificate of Interested Persons by Allstate Vehicle and Property Insurance Company identifying Corporate Parent Allstate Corporation, Affiliate/Interested Person Morris Bart, LLC, Affiliate/Interested Person Wells Fargo Bank, Affiliate/Interested Person Allstate Vehicle and Property Insurance Company, Affiliate/Interested Person Dee Stewart for Allstate Vehicle and Property Insurance Company. (Hill, Michael)
September 15, 2023 Filing 4 Corporate Disclosure Statement by Allstate Vehicle and Property Insurance Company identifying Corporate Parent The Allstate Corporation for Allstate Vehicle and Property Insurance Company.. (Hill, Michael)
September 15, 2023 Filing 3 NOTICE of Compliance by Allstate Vehicle and Property Insurance Company (Hill, Michael)
September 15, 2023 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. 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)
September 14, 2023 Filing 1 NOTICE OF REMOVAL from 21st JDC, Livingtson Parish, Case Number 179057. (Filing fee $ 402 receipt number ALAMDC-2637184), filed by Allstate Vehicle and Property Insurance Company. (Attachments: #1 Exhibit Exhibit A - Petition For Damages, #2 Exhibit Exhibit B - LDI Morris Bart, LLC, #3 Exhibit Exhibit C - LDI Allstate, #4 Exhibit Exhibit D - LDI Wells Fargo, #5 Attachment Civil Cover Sheet)(Hill, Michael)

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Plaintiff: Dee Stewart
Represented By: Austin Marks
Represented By: Marlin Noel Gusman, Jr.
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Plaintiff: Morris Bart, LLC
Represented By: Marlin Noel Gusman, Jr.
Represented By: Austin Marks
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Defendant: Allstate Vehicle and Property Insurance Company
Represented By: Michael E Hill
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Defendant: Wells Fargo Bank, N.A.
Represented By: Christopher Daniel Meyer
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