Hartel v. American Modern Home Insurance Company
| Stephen C Hartel, Jr. and Stephen C. Hartel, Jr. |
| American Modern Home Insurance Company |
| Kevin Tucker |
| 3:2023cv01301 |
| September 15, 2023 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
Docket Report
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Filing 14
ORDER granting #12 Motion to Enroll Additional Counsel. Added attorneys Gregory E. Bodin and Derbigny Willis Daroca for American Modern Home Insurance Company. Signed by Magistrate Judge Erin Wilder-Doomes on 10/31/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 13 MEMORANDUM in Support of #1 Notice of Removal, filed by American Modern Home Insurance Company. (Attachments: #1 Exhibit Declaration)(Pousson-Vorhaben, Tessa) |
| MOTION(S) REFERRED: #12 MOTION to Enroll Gregory E. Bodin and Derbigny Daroca as Additional Attorney . This motion is now pending before the USMJ. (EDC) |
| Filing 12 MOTION to Enroll Gregory E. Bodin and Derbigny Daroca as Additional Attorney by American Modern Home Insurance Company (Attachments: #1 Proposed Pleading; Order)(Pousson-Vorhaben, Tessa) |
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Filing 11
ORDER: NOTICE AND ORDER: Defendant American Modern Home Insurance Company filed its #6 Notice of Removal on September 15, 2023, alleging this Court has diversity subject matter jurisdiction. While the Notice of Removal adequately alleges the diverse citizenship of the parties, Defendants allegations are currently inadequate to establish the requisite amount in controversy (AIC). The Court sua sponte raises the issue of whether subject matter jurisdiction has been adequately alleged. Defendant is ORDERED to review the Court's Notice of Requirements for Diversity Jurisdiction, which can be found on Judge Wilder-Doomes page on the Court's website under Case Information and Forms. If Defendant can correct the deficient jurisdictional allegations (28 U.S.C. 1653), by no later than October 27, 2023, Defendant shall file a memorandum and supporting evidence concerning whether the AIC is met. The memorandum shall include a certification that counsel has reviewed the Notice of Requirement for Diversity Jurisdiction and all applicable cases cited regarding the pleading of the AIC in cases asserting breach of an insurance contract. By no later than November 10, 2023, Plaintiff shall file a Motion to Remand, if he contends Defendant has not met its burden to establish subject matter jurisdiction.. Signed by Magistrate Judge Erin Wilder-Doomes on 10/13/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(EDC)
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| Filing 10 ANSWER to Complaint with Jury Demand by American Modern Home Insurance Company.(Svikhart, Riley) |
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Filing 9
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 1/4/2024 at 09:30 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 12/21/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 9/27/2023. (BLR)
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Filing 8
ORDER granting #2 Ex Parte Potion for Extension of Time to Plead pursuant to Local Rule 7(a). Defendant shall have until October 13, 2023 to respond to Plaintiff's Petition. Signed by Magistrate Judge Erin Wilder-Doomes on 9/18/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 7 Certificate of Interested Persons by American Modern Home Insurance Company identifying Corporate Parent Mnchener Rckversicherungs-Gesellschatt Hktiengesellschatt, Affiliate/Interested Person Munich American Holding Corp., Affiliate/Interested Person Midland Guardian Co., Affiliate/Interested Person American Western Home Insurance Company, Affiliate/Interested Person The Midland Company, Affiliate/Interested Person American Modern Home Insurance Company for American Modern Home Insurance Company.. (Svikhart, Riley) |
| Filing 6 NOTICE OF REMOVAL from 19th JDC for Parish of East Baton Rouge, Case Number C735947-26. (), filed by American Modern Home Insurance Company. (Attachments: #1 Exhibit 1 - Petition, #2 Exhibit 2 - Secretary of State Citation, #3 Exhibit 3 - Notice of Filing of Notice of Removal, #4 Exhibit 4 - Lower Court Record, #5 Civil Cover Sheet)(Svikhart, Riley) |
| Filing 5 Notice of Deficiency with Administrative Procedure III(A)(1) as to #1 Notice of Removal. 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). (EDC) |
| Filing 4 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 3 Letter to Attorney Kevin Tucker who is lead counsel for party Stephen Hartel, Jr.. Attorney is not admitted to practice in LAMD. (EDC) |
| MOTION(S) REFERRED: #2 Ex Parte MOTION for Extension of Time to Plead. This motion is now pending before the USMJ. (EDC) |
| Filing 2 Ex Parte MOTION for Extension of Time to Plead by American Modern Home Insurance Company (Attachments: #1 Proposed Pleading; Proposed Order)(Svikhart, Riley) |
| Filing 1 NOTICE OF REMOVAL from 19th JDC for Parish of East Baton Rouge, Case Number 735947-26. (Filing fee $ 402 receipt number ALAMDC-2637470), filed by American Modern Home Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet)(Svikhart, Riley) |
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