Allstate Construction, Inc. v. Scottsdale Insurance Company
| Allstate Construction, Inc., My Le Truong and Allstate Construction, Inc. as assignee of My Le Troung doing business as Allstate Construction Roofing, Inc. |
| Scottsdale Insurance Company |
| My Le Troung |
| 3:2023cv01312 |
| September 18, 2023 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Both |
Docket Report
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This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 REPLY in Support of #14 MOTION to Dismiss for Failure to State a Claim filed by Scottsdale Insurance Company. (Menou, Sydnee) |
| MOTION(S) REFERRED: #22 MOTION for Leave to File Complaint in Intervention . This motion is now pending before the USMJ. (BLR) |
| Filing 23 MEMORANDUM in Opposition to #14 MOTION to Dismiss for Failure to State a Claim filed by Allstate Construction, Inc.. (Smith, Jason) |
| Filing 22 MOTION for Leave to File Complaint in Intervention by My Le Troung (Attachments: #1 Attachment Memo in Support, #2 Proposed Pleading; Complaint in Intervention, #3 Proposed Pleading; Order)(Carroll, James) |
Filing 21
NOTICE AND ORDER: The #20 Plaintiff My Le Troung's Motion for Leave to File Complaint in Intervention is HEREBY DENIED WITHOUT PREJUDICE because the proposed Complaint in Intervention at R. Doc. 20-2 fails to identify the citizenship of proposed Intervenor Plaintiff My Le Troung. The citizenship of an individual is determined by the individuals domicile, not residency. Mas v. Perry, 489 F.2d 1396, 1399 (5th Cir. 1974). As noted in the Court's prior 19 Order, My Le Troung's citizenship is required because this Court's subject matter jurisdiction is premised on complete diversity between the parties. As it appears that Troung would be aligned as a plaintiff, this Court must consider Troung's citizenship pursuant to 28 U.S.C. 1367(b). Accordingly, by no later than November 6, 2023, Proposed Intervenor shall file a motion for leave to file a comprehensive complaint in intervention that properly identifies the citizenship of My Le Troung. Signed by Magistrate Judge Erin Wilder-Doomes on 10/30/2023. (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: #20 MOTION for Leave to File Complaint in Intervention . This motion is now pending before the USMJ. (EDC) |
| Filing 20 MOTION for Leave to File Complaint in Intervention by My Le Troung (Attachments: #1 Attachment Memo in Support, #2 Proposed Pleading; Complaint in Intervention, #3 Proposed Pleading; Order)(Carroll, James) |
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Filing 19
NOTICE AND ORDER: IT IS ORDERED that the Complaint in Intervention (R. Doc. 17), filed My Le Troung, is STRICKEN from the record for failure to seek leave of Court. Fed. R. Civ. P. 24(c). The certificate of conference required by Local Civil Rule 7(e) as to whether the proposed intervention is opposed is also omitted from the Complaint in Intervention. Additionally, the proposed Complaint in Intervention fails to state Truong's citizenship, which is required because this Court's subject matter jurisdiction is premised on complete diversity between the parties. As it appears that Troung would be aligned as a plaintiff, this Court must consider Troung's citizenship pursuant to 28 U.S.C. 1367(b). Accordingly, by no later than October 26, 2023, My Le Truong shall file a motion for leave that includes the required certificate of conference under LR 7(e), or a memorandum in support if consent is not obtained, and with a proposed complaint in intervention attached that adequately alleges Truong's citizenship. Signed by Magistrate Judge Erin Wilder-Doomes on 10/19/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 18 Certificate of Interested Persons by My Le Troung identifying Affiliate/Interested Person Scottsdale Insurance Company, Affiliate/Interested Person Allstate Construction, Inc, Affiliate/Interested Person Allstate Construction Roofing, Inc. for My Le Troung.. (Carroll, James) (Main Document 18 replaced on 10/19/2023) (EDC). Modified on 10/19/2023 to flatten document. (EDC). |
| Filing 17 STRICKEN FROM THE RECORD COMPLAINT of Intervention against My Le Troung and My Le Troung, My Le Troung and Scottsdale Insurance Company, filed by My Le Troung.(Carroll, James) Modified on 10/19/2023 to remove document as it has been stricken by Order #19 (LLH). |
| Filing 16 Exhibit(s) to #14 MOTION to Dismiss for Failure to State a Claim by Scottsdale Insurance Company. (Attachments: #1 Exhibit Allstate Construction Inc. Assignment of Insurance Benefits Contract)(Menou, Sydnee) |
| Filing 15 Notice of Deficiency with Administrative Procedure III(A)(1) as to #14 Motion to Dismiss for Failure to State a Claim. 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 14 MOTION to Dismiss for Failure to State a Claim by Scottsdale Insurance Company (Attachments: #1 Attachment Proposed Order, #2 Attachment Memorandum in Support, #3 Attachment Exhibit List, #4 Exhibit Exhibit A)(Menou, Sydnee) |
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Filing 12
ORDER: The Clerk of Court is instructed to TERMINATE the #7 Motion to Dismiss Plaintiff's Claims Under La. R.S. 22:1892 and La. R.S. 22:973 Pursuant to Fed. R. Civ. P. 12(b)(6), filed by Defendant Scottsdale Insurance Company, by operation of Local Civil Rule 12 in light of the filing of the #11 First Amended Complaint by Plaintiff Allstate Construction, Inc. The termination is without prejudice to Defendant refiling a Motion to Dismiss if grounds exist based upon the allegations contained in the First Amended Complaint. The #10 Ex Parte Unopposed Motion for Extension of Time to File Opposition to Motion to Dismiss, filed by Plaintiff, is TERMINATED AS MOOT, in light of the termination of the #7 Motion to Dismiss. Signed by Magistrate Judge Erin Wilder-Doomes on 10/12/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 13 Certificate of Interested Persons by Allstate Construction, Inc. identifying Affiliate/Interested Person Allstate Construction, Inc., Affiliate/Interested Person My Le Troung for Allstate Construction, Inc... (EDC) |
| Filing 11 FIRST AMENDED COMPLAINT against Scottsdale Insurance Company, filed by Allstate Construction, Inc.. (Attachments: #1 Attachment Certificate of Interested Parties)(Smith, Jason) Modified on 10/13/2023 to edit text. (EDC). (Attachment 1 replaced on 10/13/2023) (EDC). Modified on 10/13/2023 to flatten document.(EDC). |
| Filing 10 MOTION for Extension of Time to File Response to #7 MOTION to Dismiss for Failure to State a Claim Rule 12(b)(6) by Allstate Construction, Inc. (Attachments: #1 Proposed Pleading; Proposed Order)(Smith, Jason) |
| Filing 9 Exhibit(s) to 8 Notice of Deficiency with Administrative Procedures III(A)(1),, by Scottsdale Insurance Company. (Attachments: #1 Exhibit Allstate Construction Inc. Assignment of Insurance Benefits Contract)(Menou, Sydnee) Modified on 9/26/2023 to create relationship. (EDC). |
| Filing 8 Notice of Deficiency with Administrative Procedure III(A)(1) as to #7 Motion to Dismiss for Failure to State a Claim. 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 7 MOTION to Dismiss for Failure to State a Claim Rule 12(b)(6) by Scottsdale Insurance Company (Attachments: #1 Attachment Proposed Order, #2 Attachment Memorandum in Support, #3 Exhibit Exhibit A)(Menou, Sydnee) |
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Filing 6
ORDER granting #4 Ex Parte Unopposed Motion for Extension of Time to Plead pursuant to Local Rule 7(a). Scottsdale Insurance Company responsive pleadings due 10/12/2023. The #5 Ex Parte Motion for Expedited Consideration is terminated as moot. Signed by Magistrate Judge Erin Wilder-Doomes on 9/20/2023. (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: #4 MOTION for Extension of Time to File Answer to #1 Notice of Removal, , #5 Ex Parte MOTION to Expedite Consideration of Unopposed Motion for Extension of Time to File Answer. This motion is now pending before the USMJ. (BLR) |
| Filing 5 Ex Parte MOTION to Expedite Consideration of Unopposed Motion for Extension of Time to File Answer by Scottsdale Insurance Company (Attachments: #1 Attachment proposed Order)(Wolff, John) |
| Filing 4 MOTION for Extension of Time to File Answer to #1 Notice of Removal, by Scottsdale Insurance Company (Attachments: #1 Attachment proposed Order)(Wolff, John) |
| Filing 3 Certificate of Interested Persons by Scottsdale Insurance Company. (Wolff, John) |
| 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 19th JDC, East Baton Rouge Parish, Case Number 735638. (Filing fee $ 402 receipt number ALAMDC-2638205), filed by Scottsdale. (Attachments: #1 Civil Cover Sheet, #2 Notice to Adverse Party, #3 Notice of Compliance, #4 Exhibit Exhibit A-Petition for Damages, #5 Exhibit Exhibit B-Estimate)(Wolff, John) (Attachment 5 replaced on 9/19/2023) (EDC). Modified on 9/19/2023 to rotate pages. (EDC). |
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