Sanderford v. State Farm Fire and Casualty Company
| joanne sanderford |
| State Farm Fire and Casualty Company |
| 3:2023cv01468 |
| October 10, 2023 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
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Filing 6
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 1/18/2024 at 02:30 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 1/4/2024. Signed by Magistrate Judge Erin Wilder-Doomes on 11/6/2023. (BLR)
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Filing 5
NOTICE AND ORDER : The #4 Motion for Leave to Supplement Notice of Removal is HEREBY GRANTED, as it was filed in compliance with the Courts 3 order and seeks to supplement the Notice of Removal with Plaintiffs response to a pre-removal request for admission. Accordingly, the Clerk of Court is directed to add Plaintiffs response to State Farms request for admission at R. Doc. 4-1 as an exhibit to the #1 Notice of Removal. 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.) (ELW)
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| Filing 4 Ex Parte MOTION for Leave to File Supplement to Notice for Removal by State Farm Fire and Casualty Company (Attachments: #1 Exhibit Exhibit A-Plaintiff Response to RFA, #2 Proposed Pleading; proposed Order)(Thibodeaux, Taylor) |
| MOTION(S) REFERRED: #4 Ex Parte MOTION for Leave to File Supplement to Notice for Removal . This motion is now pending before the USMJ. (LLH) |
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Filing 3
NOTICE AND ORDER: The #1 Notice of Removal filed by Defendant State Farm Fire and Casualty Company alleges that this Court has diversity subject matter jurisdiction under 28 U.S.C. 1332 and adequately alleges that the parties are diverse. R. Doc. 1, paragraphs 5-7. State Farm alleges that the amount in controversy is met based upon Plaintiff's pre-removal response to a Request for Admission, in which Plaintiff allegedly admitted that the amount in controversy exceeds $75,000, exclusive of interest and costs. R. Doc. 1, paragraph 2, 8. However, State Farm did not attach Plaintiff's response to the RFA to the Notice. Because it is not facially apparent from the Petition that Plaintiff's damages likely exceed $75,000, exclusive of interests and costs, State Farm must meet that burden by a preponderance of the evidence. While "summary judgment-type evidence" can be considered in support of removal (see, Manguno v. Prudential Prop. and Cas. Ins. Co., 276 F.3d 720, 723 (5th Cir. 2002) (citations omitted)), counsel's arguments or statements in briefs are not "summary judgment-type evidence." Accordingly, IT IS ORDERED that, by no later than October 18, 2023, State Farm shall file a motion to supplement the #1 Notice of Removal to include Plaintiff's RFA response as an exhibit. Signed by Magistrate Judge Erin Wilder-Doomes on 10/11/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 2 Certificate of Interested Persons by State Farm Fire and Casualty Company identifying Corporate Parent State Farm Mutual Automobile Insurance Company for State Farm Fire and Casualty Company.. (Thibodeaux, Taylor) |
| Filing 1 NOTICE OF REMOVAL from 19th jdc, Case Number 735673. (Filing fee $ 402 receipt number ALAMDC-2649451), filed by State Farm Fire and Casualty Company. (Attachments: #1 civil cover sheet, #2 Affidavit verification affidavit, #3 certificate of filing in state court, #4 certificate of entire state court record, #5 Exhibit A- entire suit record)(Thibodeaux, Taylor) |
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