Diagnostic Imaging Services, Inc. et al v. Westchester Surplus Lines Insurance Company
| Diagnostic Imaging Services, Inc., Northeast Imaging Center, LLC, BTB1, LLC, River Bend Imaging, LLC, Open Sided MRI of New Orleans, LLC, Central Imaging Services, LLC, Dis East, LLC, EJMOB, LLC, Doctor's Imaging Service, LLC, CIS BIC, LLC, Dis West, LLC, Bluebonnet Imaging Center, LLC, Imaging Affiliates of Baton Rouge, LLC D/B/A Baton Rouge Imaging, Palafox Leasing, LLC D/B/A Open MRI of Hammond, Advanced Imaging of Lafayette, LLC, Imaging Affiliates of Baton Rouge, LLC doing business as Baton Rouge Imaging and Palafox Leasing, LLC doing business as Open MRI of Hammond |
| Westchester Surplus Lines Insurance Company |
| 3:2023cv01398 |
| September 29, 2023 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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| Filing 16 Notice to Counsel: In light of correspondence to the court, the Scheduling Conference is reset for 1/4/2024 at 11:00 AM before Magistrate Judge Erin Wilder-Doomes. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) |
Filing 15
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 12/21/2023 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 12/7/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 10/24/2023. (BLR)
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| Filing 14 AMENDED NOTICE OF REMOVAL, filed by Westchester Surplus Lines Insurance Company. (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - September 26, 2023, printout from the Louisiana Secretary of, #3 Exhibit C - September 19, 2023, email from Plaintiffs Counsel, #4 Exhibit D - September 26, 2023, printout from the Georgia Secretary of S, #5 Exhibit E - Plaintiffs counsel dated July 24, 2023, #6 Exhibit F - October 16, 2023, email correspondence from Plaintiffs couns)(LLH) |
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Filing 13
NOTICE AND ORDER: IT IS ORDERED that the #12 Defendant's Motion for Leave to Amend Notice of Removal filed by Defendant Westchester Surplus Lines Insurance Company is HEREBY GRANTED, as it was filed in compliance with the Court's 8 Order, and the proposed amended Notice of Removal properly identifies the citizenship of all parties. Accordingly, the Clerk of Court is directed to docket the amended Notice of Removal at R. Doc. 12-1, and the exhibits attached thereto at R. Docs. 12-2 through 12-7, into the record of this matter, which shall become the operative Notice of Removal. Signed by Magistrate Judge Erin Wilder-Doomes on 10/18/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 12 MOTION for Leave to File Amended Notice of Removal by Westchester Surplus Lines Insurance Company (Attachments: #1 Proposed Pleading; Amened Notice of Removal, #2 Exhibit Exhibit A - State Court Pleadings, #3 Exhibit Exhibit B - September 26, 2023, printout from the Louisiana Secretary of States Website, #4 Exhibit Exhibit C - September 19, 2023, email from Plaintiffs Counsel, #5 Exhibit Exhibit D - September 26, 2023, printout from the Georgia Secretary of States website, #6 Exhibit Exhibit E - Plaintiffs counsel dated July 24, 2023, #7 Exhibit Exhibit F - October 16, 2023, email correspondence from Plaintiffs counsel)(Elmer, John) |
| Filing 11 Certificate of Interested Persons by Advanced Imaging of Lafayette, LLC, BTB1, LLC, Bluebonnet Imaging Center, LLC, CIS BIC, LLC, Central Imaging Services, LLC, Diagnostic Imaging Services, Inc., Dis East, LLC, Dis West, LLC, Doctor's Imaging Service, LLC, EJMOB, LLC, Imaging Affiliates of Baton Rouge, LLC, Northeast Imaging Center, LLC, Open Sided MRI of New Orleans, LLC, Palafox Leasing, LLC, River Bend Imaging, LLC identifying Affiliate/Interested Person Dr. John Hamide, Affiliate/Interested Person Hicham Khodr, Affiliate/Interested Person Capitol Imaging, LLC for Advanced Imaging of Lafayette, LLC, BTB1, LLC, Bluebonnet Imaging Center, LLC, CIS BIC, LLC, Central Imaging Services, LLC, Diagnostic Imaging Services, Inc., Dis East, LLC, Dis West, LLC, Doctor's Imaging Service, LLC, EJMOB, LLC, Imaging Affiliates of Baton Rouge, LLC, Northeast Imaging Center, LLC, Open Sided MRI of New Orleans, LLC, Palafox Leasing, LLC, River Bend Imaging, LLC.. (Sloan, Kevin) |
| Filing 10 AMENDED NOTICE OF REMOVAL, filed by Westchester Surplus Lines Insurance Company.(LLH) |
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Filing 9
ORDER granting #7 Ex Parte Motion to Amend the Caption [of] the Initial Pleading, filed by Defendant Westchester Surplus Lines Insurance Company. The Clerk of Court is instructed to docket the [7-1] Notice of Removal. Because the amendment does not address the jurisdictional deficiencies identified in the Court's 8 Notice and Order, Defendant must still comply with that Notice and Order by October 17, 2023. 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: #7 Ex Parte MOTION to Amend #1 Notice of Removal,, . This motion is now pending before the USMJ. (NLT) |
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Filing 8
NOTICE AND ORDER: Defendant Westchester Surplus Lines Insurance Company removed this case to this Court on September 29, 2023, alleging federal subject matter jurisdiction under 28 U.S.C. 1332. The Notice of Removal adequately alleges that the amount in controversy exceeds $75,000, exclusive of interest and costs, as Plaintiffs submitted a proof of loss alleging more than $3 million dollars in damages to several buildings. R. Doc. 1-5. The citizenship of Defendant Westchester (GA/PA) and the citizenship of Plaintiff Diagnostic Imaging Services, Inc. (LA/LA) have been properly alleged. However, the citizenship of the remaining plaintiffs, all alleged to be limited liability companies, has not been properly alleged. The citizenship of a limited liability company 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). Negative allegations of citizenship, such as the ones alleged by Defendant (R. Doc. 1, paragraph 20) i.e., that all members are citizens of a state other than Louisiana, are insufficient. Truxillo v. American Zurich Ins. Co., No. 16-369, 2016 WL 6987127, at *6 (M.D. La. Oct. 24, 2016). Accordingly, IT IS ORDERED that by no later than October 17, 2023, Defendant Westchester Surplus Lines Insurance Company shall file a motion for leave, attaching a comprehensive amended Notice of Removal that properly alleges the citizenship of all parties, and that includes all of Westchester's numbered allegations, as revised, supplemented, and/or amended. If the motion for leave to amend is granted, the amended Notice of Removal will become the operative removal in this matter without reference to any other document in the record. 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 Ex Parte MOTION to Amend #1 Notice of Removal,, by Westchester Surplus Lines Insurance Company (Attachments: #1 Proposed Pleading; Notice of Removal)(Elmer, John) |
| Filing 6 Certificate of Interested Persons by Westchester Surplus Lines Insurance Company identifying Corporate Parent Chubb Group Holdings Inc., Corporate Parent Chubb Limited (NYSE: CB), Corporate Parent Chubb US Holdings Inc. for Westchester Surplus Lines Insurance Company.. (Elmer, John) |
| Filing 5 NOTICE OF DEFICIENCY with LR 7.1 as to #3 Certificate of Interested Persons. 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) |
| Filing 4 Certificate of Interested Persons by Advanced Imaging of Lafayette, LLC, BTB1, LLC, Bluebonnet Imaging Center, LLC, CIS BIC, LLC, Central Imaging Services, LLC, Diagnostic Imaging Services, Inc., Dis East, LLC, Dis West, LLC, Doctor's Imaging Service, LLC, EJMOB, LLC, Imaging Affiliates of Baton Rouge, LLC D/B/A Baton Rouge Imaging, Northeast Imaging Center, LLC, Open Sided MRI of New Orleans, LLC, Palafox Leasing, LLC D/B/A Open MRI of Hammond, River Bend Imaging, LLC. (Sloan, Kevin) |
| Filing 3 Certificate of Interested Persons by Westchester Surplus Lines Insurance Company identifying Corporate Parent Chubb US Holdings Inc. for Westchester Surplus Lines Insurance Company. (Elmer, John) (Main Document 3 replaced on 10/6/2023) (ELW). Modified on 10/6/2023to flatten document (ELW). |
| 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) |
| Filing 1 NOTICE OF REMOVAL from 19th JDC East Baton Rouge, Case Number 736480. (Filing fee $ 402 receipt number ALAMDC-2644821), filed by Westchester Surplus Lines Insurance Company. (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - September 26, 2023, printout from the Louisiana Secretary of States Website, #3 Exhibit C - September 19, 2023, email from Plaintiffs Counsel, #4 Exhibit D - September 26, 2023, printout from the Georgia Secretary of States website, #5 Exhibit E -Letter from Plaintiffs counsel dated July 24, 2023, #6 Attachment Civil Cover)(Elmer, John) |
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