Vaughn v. American Bankers Insurance Company of Florida
| Sandra Vaughn |
| American Bankers Insurance Company of Florida |
| 3:2023cv01422 |
| October 4, 2023 |
| US District Court for the Middle District of Louisiana |
| Brian A Jackson |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
Docket Report
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| Document Text |
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| Filing 7 NOTICE TO COUNSEL: The Scheduling Conference set for 1/18/2024 is CANCELED pending review of subject matter jurisdiction. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
Filing 6
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 1/18/2024 at 10:30 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 1/4/2024. Signed by Magistrate Judge Erin Wilder-Doomes on 10/31/2023. (BLR)
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| Filing 5 NOTICE of Stipulation as to Amount in Controversy by American Bankers Insurance Company of Florida (Attachments: #1 Exhibit 1, Binding Stipulation)(Culotta, Anthony) Modified on 10/17/2023 to edit text. (EDC). |
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Filing 4
NOTICE AND ORDER: Defendant American Bankers Insurance Company of Florida filed its Notice of Removal on October 5, 2023, alleging this Court has diversity subject matter jurisdiction. The Notice of Removal adequately alleges the diverse citizenship of the parties. However, Defendant's allegations are currently inadequate to establish the requisite amount in controversy. Accordingly, Defendant is ORDERED to review the Court's Notice of Requirements for Diversity Jurisdiction, which can be found on the Court's website at https://www.lamd.uscourts.gov/content/magistrate-judge-erin-wilder-doomes, under Case Information and Forms. If Defendant can correct the deficient jurisdictional allegations (28 U.S.C. 1653), by no later than October 24, 2023, Defendant shall file a memorandum and supporting evidence concerning whether the amount in controversy requirement of 28 U.S.C. 1332 is met. The memorandum shall include a certification that counsel has reviewed the Notice of Requirements for Diversity Jurisdiction and all applicable cases cited regarding the pleading of the amount in controversy in cases asserting breach of an insurance contract. By no later than November 7, 2023, Plaintiff Sandra Vaughn shall file either (1) a Notice stating that Plaintiff does not dispute that Defendant has established the jurisdictional requirements of 28 U.S.C. 1332, or (2) a Motion to Remand. Notwithstanding the order requiring Plaintiff's position on whether Defendant has established jurisdiction, the parties' position is not controlling as the Court has an independent obligation to ensure its own subject matter jurisdiction. Gasch v. Hartford Acc. & Indem. Co., 491 F.3d 278, 284 (5th Cir. 2007), citing In re Tex. Consumer Fin. Corp., 480 F.2d 1261, 1266 (5th Cir. 1973). The case will be allowed to proceed if subject matter jurisdiction is adequately established. 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 3 Letter to Attorney Brian J. Houghtaling regarding Tucker McGill who is Co-Counsel for party Sandra Vaughn. Attorney is not admitted to practice in LAMD. (EDC) |
| Filing 2 Certificate of Interested Persons by American Bankers Insurance Company of Florida identifying Affiliate/Interested Person Assurant, Inc., Affiliate/Interested Person American Bankers Insurance Company of Florida for American Bankers Insurance Company of Florida.. (Culotta, Anthony) |
| Filing 1 NOTICE OF REMOVAL from 23rd JDC - Ascension, Case Number 138158. (Filing fee $ 402 receipt number ALAMDC-2646778), filed by American Bankers Insurance Company of Florida. (Attachments: #1 Exhibit A - Notice of Service, #2 Exhibit B - Petition for Damages, #3 Exhibit C - Policy, #4 Verification, #5 Affidavit of Filing Notice of Removal in State Court, #6 Civil Cover Sheet)(Culotta, Anthony) |
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| Plaintiff: Sandra Vaughn | |
| Represented By: | Brian J. Houghtaling |
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| Defendant: American Bankers Insurance Company of Florida | |
| Represented By: | Anthony Jacob Culotta, Jr. |
| Represented By: | David P. Salley |
| Represented By: | Matthew Francis Greene |
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