Monte Carlo Properties, LLC v. Safepoint Insurance Company
| Monte Carlo Properties, LLC |
| Safepoint Insurance Company |
| 3:2023cv01340 |
| September 20, 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 |
| Defendant |
Docket Report
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This docket was last retrieved on October 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 AMENDED NOTICE OF REMOVAL, filed by Safepoint Insurance Company. (Attachments: #1 Exhibit A -State Court Pleadings, #2 Exhibit B - Details for SafePoint, #3 Exhibit C - Notice of Filing of Notice of Removal, #4 Exhibit D - Certificate of Montecarlo)(LLH) |
Filing 8
NOTICE AND ORDER: IT IS ORDERED that the #7 Motion for Leave to File Amended Notice of Removal filed by Defendant Safepoint Insurance Company is HEREBY GRANTED, as it was filed in accordance with the Court's 5 Order and properly identifies the Louisiana citizenship of the members of Plaintiff Monte Carlo Properties, LLC. Accordingly, the Clerk of Court is directed to docket the amended Notice of Removal at R. Doc. 7-2 and exhibits attached thereto at R. Docs. 7-3 through 7-6 into the record of this matter, which shall become the operative amended Notice of Removal. Signed by Magistrate Judge Erin Wilder-Doomes on 10/10/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 7 MOTION for Leave to File Amended Notice of Removal by Safepoint Insurance Company (Attachments: #1 Attachment Proposed Order, #2 Attachment Amended Notice of Removal, #3 Exhibit A - All pleadings filed in State Court, #4 Exhibit B - Details for SafePoint, #5 Exhibit C - Notice of Filing of Notice of Removal, #6 Exhibit D - Certificate of Montecarlo)(Flarity, Rachel) |
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Filing 6
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 12/21/2023 at 09:30 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 12/7/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 10/4/2023. (BLR)
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Filing 5
NOTICE AND ORDER: Defendant Safepoint Insurance Company removed this case to this Court on September 20, 2023, alleging that the basis for federal subject matter jurisdiction is diversity of citizenship under 28 U.S.C. 1332. The amount in controversy appears to exceed $75,000, exclusive of interest and costs, as the Petition alleges that Plaintiff has submitted a repair estate of $91,675,28 for property damage with only $5,551.81 paid under the policy (R. Doc. 1-4, p. 3, paras. 8-12) and seeks penalties and fees. The Notice of Removal also adequately alleges the citizenship of Defendant, assuming "domicile" is the same as principal place of business. See R. Doc. 1, para. 10. However, the citizenship of a limited liability company such as Plaintiff Monte Carlo Properties, LLC is determined by the citizenship of all its members, each of which must be specifically identified. Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008). The Notice of Removal alleges that Plaintiff is domiciled in Louisiana R. Doc. 1, para. 9), citing the Petition, which alleges that Plaintiff is "a Louisiana limited liability company authorized to do and doing business in the State of Louisiana." R. Doc. 1-4, intro. Accordingly, IT IS ORDERED that by no later than October 6, 2023, Defendant Safepoint Insurance Company shall file a motion for leave with a comprehensive amended Notice of Removal attached that properly alleges the citizenship of all parties, and which includes all Defendant's numbered allegations, as revised, supplemented, and/or amended. 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)
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| Filing 4 ANSWER to Complaint with Jury Demand by Safepoint Insurance Company.(Flarity, Rachel) |
| Filing 3 Certificate of Interested Persons by Safepoint Insurance Company identifying Affiliate/Interested Person Safepoint Insurance Company, Affiliate/Interested Person Joubert Law Firm, APLC, Affiliate/Interested Person The Monson Law Firm, LLC, Affiliate/Interested Person Darren W. Wilson, Affiliate/Interested Person Monte Carlo Properties, LLC for Safepoint Insurance Company. (Flarity, Rachel) |
| Filing 2 Corporate Disclosure Statement by Safepoint Insurance Company identifying Corporate Parent Safepoint Holdings, Inc. for Safepoint Insurance Company.. (Flarity, Rachel) |
| Filing 1 NOTICE OF REMOVAL from 19th JDC, Parish of East Baton Rouge, Case Number 736670. (Filing fee $ 402 receipt number ALAMDC-2639991), filed by Safepoint Insurance Company. (Attachments: #1 Attachment Verification, #2 Attachment Civil Cover Sheet, #3 Affidavit List of All Parties and Pleadings, #4 Exhibit A - All pleadings filed in State Court, #5 Exhibit B - Details for Safepoint, #6 Exhibit C - Notice of Filing of Removal)(Flarity, Rachel) |
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