Thomas v. WalMart et al
| Michael Thomas |
| WalMart and ABC Insurance Company |
| 3:2023cv01478 |
| October 12, 2023 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Erin Wilder-Doomes |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Tort/Non-Motor Vehicle |
| Defendant |
Docket Report
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Filing 6
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 1/4/2024 at 03:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 12/21/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 11/8/2023. (BLR)
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| Filing 5 MEMORANDUM AND SUPPORTING EVIDENCE OF AMOUNT IN CONTROVERSY filed by WalMart. (Attachments: #1 Exhibit Email from counsel for Plaintiff)(Carver, James) Modified on 11/3/2023 to edit text (ELW). |
| Filing 4 Letter to Attorney Elizabeth Goree who is lead counsel for party Plaintiff. Attorney is not admitted to practice in LAMD. (ELW) |
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Filing 3
NOTICE AND ORDER: Defendant Walmart filed its Notice of Removal on October 12, 2023, alleging this Court has diversity subject matter jurisdiction. The Notice of Removal adequately alleges the diverse citizenship of the parties. However, Defendants allegations are currently inadequate to establish the requisite amount in controversy (AIC). The Court sua sponte raises the issue of whether subject matter jurisdiction has been adequately alleged. Defendant is ORDERED to review the Courts Notice of Requirements for Diversity Jurisdiction, which can be found on Judge Wilder-Doomes page on the Courts website under Case Information and Forms. If Defendant can correct the deficient jurisdictional allegations (28 U.S.C. 1653), by no later than October 27, 2023, Defendant shall file a memorandum and supporting evidence of AIC, specifically attaching supporting evidence of Plaintiffs alleged surgery and damages. Defendant shall include a certification that counsel has reviewed the Notice of Jurisdictional Requirements and all applicable cases cited regarding the pleading of the AIC in cases asserting personal injury. By no later than November 10, 2023, Plaintiff shall file a Motion to Remand, if Plaintiff contends Defendant has not met its burden to establish subject matter jurisdiction. Signed by Magistrate Judge Erin Wilder-Doomes on 10/13/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(ELW)
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| Filing 2 Certificate of Interested Persons by WalMart identifying Affiliate/Interested Person Preston J Castille, Affiliate/Interested Person Walmart, Inc., Affiliate/Interested Person James C. Carver, Affiliate/Interested Person Nikki Essix-Manuel for WalMart.. (Carver, James) |
| Filing 1 NOTICE OF REMOVAL from 19th Judicial District Court, Case Number 733423. (Filing fee $ 402 receipt number ALAMDC-2650649), filed by WalMart. (Attachments: #1 Exhibit Citation and Petition, #2 Service of Process Transmittal Summary, #3 LA SOS Business filings)(Carver, James) |
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