Harris et al v. Allstate Indemnity Company
| George Harris and Millie Harris |
| Allstate Indemnity Company |
| 3:2023cv01456 |
| October 6, 2023 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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| Document Text |
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| Filing 11 ANSWER to Complaint with Jury Demand by Allstate Indemnity Company.(Hill, Michael) |
| Filing 10 RESPONSE /Statement Regarding Amount In Controversy filed by All Plaintiffs. (Wheeler, David) |
Filing 9
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 1/25/2024 at 09:30 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 1/11/2024. Signed by Magistrate Judge Erin Wilder-Doomes on 11/6/2023. (BLR)
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| Filing 8 MEMORANDUM Concerning the AIC Requirement of 28 USC 1332 filed by Allstate Indemnity Company. (Attachments: #1 Exhibit A Estimate of Repair Costs, #2 Exhibit B Email Regarding Amount in Controversy)(Hill, Michael) Modified on 11/3/2023 to edit the text (NLT). |
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Filing 7
ORDER granting #6 Motion for Extension of Time for good cause shown. ALLSTATE INDEMNITY COMPANY has until October 31, 2023 to file its Motion for Leaveto File a Comprehensive, Amended Notice of Removal in this matter.Signed by Magistrate Judge Erin Wilder-Doomes on 10/26/2023. (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: #6 MOTION for Extension of Time. This motion is now pending before the USMJ. (JEG) |
| Filing 6 MOTION for Extension of Time by Allstate Indemnity Company (Attachments: #1 Proposed Order)(Hill, Michael) Modified on 10/26/2023 to edit title of document and to remove duplicate description of attachment. (JEG). |
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Filing 5
NOTICE AND ORDER: Defendant Allstate Indemnity Company filed its Notice of Removal on October 6, 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 Courts 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, Plaintiffs George and Millie Harris shall file either (1) a Notice stating that Plaintiffs do 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 Plaintiffs 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 4 Corporate Disclosure Statement by Allstate Indemnity Company identifying Corporate Parent Allstate Corporation for Allstate Indemnity Company.. (Hill, Michael) |
| Filing 3 NOTICE of Compliance by Allstate Indemnity Company (Hill, Michael) |
| Filing 2 Certificate of Interested Persons by Allstate Indemnity Company identifying Corporate Parent Allstate Corporation, Affiliate/Interested Person Millie Harris, Affiliate/Interested Person George Harris for Allstate Indemnity Company. (Hill, Michael) |
| Filing 1 NOTICE OF REMOVAL from 19th JDC, East Baton Rouge Parish, Case Number C-737021. (Filing fee $ 402 receipt number ALAMDC-2648506), filed by Allstate Indemnity Company. (Attachments: #1 Exhibit A - Petition For Damages, #2 Exhibit B - LDI Allstate Indemnity Company, #3 Exhibit C - Policy Declarations, #4 Attachment Civil Cover Sheet)(Hill, Michael) Modified on 10/11/2023 to remove duplicate description of attachments. (JEG). |
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