West v. Albertson's LLC
| Albertsons, Albertson's LLC and Zurich American Insurance Company |
| Shannon West |
| 3:2023cv01529 |
| October 26, 2023 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Defendant |
Docket Report
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| Document Text |
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| Filing 13 ANSWER to Complaint with Jury Demand by Albertson's LLC.(Wolff, John) |
| Filing 12 Certificate of Interested Persons by Zurich American Insurance Company identifying Corporate Parent Zurich Insurance Group Ltd, a Swiss Corporation, Affiliate/Interested Person Zurich Holding Company of America, Inc., Affiliate/Interested Person Zurich Insurance Company Ltd, a Swiss Corporation for Zurich American Insurance Company, Zurich American Insurance Company. (Mason, Christopher) |
| Filing 11 ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Shannon West by Zurich American Insurance Company. (Attachments: #1 Attachment Certificate of Service)(Mason, Christopher) |
Filing 10
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 2/8/2024 at 11:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 1/25/2024. Signed by Magistrate Judge Erin Wilder-Doomes on 11/9/2023. (BLR)
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| Filing 9 AMENDED NOTICE OF REMOVAL, filed by Albertson's LLC.(LLH) |
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Filing 8
ORDER granting #7 MOTION for Leave to File Amended Notice of Removal, filed by Defendant Albertsons Companies, Inc. The Motion was filed in response to the Court's 4 Notice and Order to provide citizenship information for Defendant Zurich American Insurance Company, which is now adequately alleged to be a New York corporation, with its principal place of business in Illinois. R. Doc. 7-2, para. 9. The Clerk of Court is instructed to file the [7-2] Amended Notice of Removal Pursuant to Rec. Doc. 4, which will become the operative notice of removal in this case. Signed by Magistrate Judge Erin Wilder-Doomes on 11/8/2023. (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 MOTION for Leave to File Amended Notice of Removal Pursuant to Rec. Doc. 4 . This motion is now pending before the USMJ. (ELW) |
| Filing 7 MOTION for Leave to File Amended Notice of Removal Pursuant to Rec. Doc. 4 by Albertson's LLC (Attachments: #1 Proposed Pleading; Order, #2 Proposed Pleading; Amended Notice of Removal)(Wolff, John) |
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Filing 6
ORDER granting #5 Ex Parte MOTION for Extension of Time in Which to Plead pursuant to Local Rule 7(a). Zurich American Insurance Company responsive pleadings due 11/29/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 11/1/2023. (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: #5 Ex Parte MOTION for Extension of Time in Which to Plead. This motion is now pending before the USMJ. (BLR) |
| Filing 5 MOTION for Extension of Time to File Answer by Albertson's LLC (Attachments: #1 Proposed Order)(Wolff, John) |
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Filing 4
NOTICE AND ORDER: Defendant Albertsons, Inc. filed a #1 Notice of Removal on October 26, 2023, alleging that this Court has subject matter jurisdiction under 28 U.S.C. 1332. Plaintiff Shannon West is adequately alleged to be domiciled in and a citizen of Louisiana, and Albertsons is adequately alleged to be Delaware corporation with its principal place of business in Idaho. R. Doc. 1, paras. 8-9. However, the Notice of Removal does not allege the citizenship of named defendant Zurich American Insurance Company, and the allegations in the Petition are insufficient to establish Zurich's citizenship for diversity purposes because neither Zurich's place of incorporation nor principal place of business are alleged as required by 28 U.S.C. 1332(c). R. Doc. 1-1, at para. 1(A). Accordingly, IT IS ORDERED that by no later than November 7, 2023, Albertsons shall file a motion for leave to file an amended Notice of Removal that properly alleges the citizenship of all parties. To avoid the risk of confusion, the proposed amended Notice of Removal should include all Albertsons' numbered allegations, as revised, supplemented, and/or amended. This case will be allowed to proceed if jurisdiction is adequately established, as citizenship has been adequately alleged for Plaintiff and Albertsons, and sufficient information to establish amount in controversy has been provided. Signed by Magistrate Judge Erin Wilder-Doomes on 10/31/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 3 Certificate of Interested Persons by Albertsons identifying Affiliate/Interested Person Albertsons Companies, Inc. for Albertsons.. (Wolff, John) (Main Document 3 replaced on 10/31/2023) (ELW). Modified on 10/31/2023 to 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 Parish, Case Number 738968. (Filing fee $ 402 receipt number ALAMDC-2657936), filed by Albertsons. (Attachments: #1 Civil Cover Sheet, #2 Notice to Adverse Party, #3 Notice of Compliance, #4 Exhibit A-Petition for Damages, #5 Exhibit B-Settlement Demand)(Wolff, John) |
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