Myers et al v. Tekle et al
| Troy Myers and Cathy Myers |
| Robal Transportation, LLC, Great West Casualty Company, Tekle Mulubrhan and Muluebrhan Tekle |
| 3:2023cv01557 |
| November 2, 2023 |
| US District Court for the Middle District of Louisiana |
| Brian A Jackson |
| Erin Wilder-Doomes |
| Motor Vehicle |
| 28 U.S.C. § 1441 Notice of Removal-Tort/Motor Vehicle (P.I.) |
| Defendant |
Docket Report
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| Filing 13 ANSWER to Complaint with Jury Demand by Great West Casualty Company.(Dill, James) |
Filing 12
ORDER: The Answer to Petition for Damages and Affirmative Defenses (R. Doc. 11) filed by defendant Great West Casualty Company is hereby STRICKEN for failure to comply with Local Rule 10(a). All documents drafted for filing in this Court shall be on 8-1/2 by 11 inch paper. Signed by Magistrate Judge Erin Wilder-Doomes on 12/7/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 11 STRICKEN FROM THE RECORD ANSWER to Complaint with Jury Demand by Great West Casualty Company.(Wynne, Michael) Modified on 12/8/2023 to remove document as it has been stricken by Order #12 (LLH). |
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Filing 10
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 1/25/2024 at 01:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 1/11/2024. Signed by Magistrate Judge Erin Wilder-Doomes on 11/29/2023. (BLR)
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Filing 9
ORDER: The #8 Defendants' Motion for Leave of Court to File Amended Notice of Removal, filed by Defendants Great West Casualty Company, Robal Transportation, LLC, and Mulubrhan Tekle, is GRANTED IN PART. The Amended Notice of Removal (R. Doc. 8-1, pp. 1-10), which corrects the citizenship allegations as to Plaintiffs Troy and Cathy Myers in accordance with the Court's 2 Notice and Order shall be SUBSTITUTED for the original #1 Notice of Removal. Signed by Magistrate Judge Erin Wilder-Doomes on 11/15/2023. (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: #8 MOTION for Leave to File Amended Notice of Removal . This motion is now pending before the USMJ. (ELW) |
| Filing 8 MOTION for Leave to File Amended Notice of Removal by Great West Casualty Company, Robal Transportation, LLC, Muluebrhan Tekle (Attachments: #1 Proposed Pleading; Amended Notice of Removal)(Wynne, Michael) |
| Filing 7 Certificate of Interested Persons by Great West Casualty Company, Robal Transportation, LLC, Muluebrhan Tekle identifying Affiliate/Interested Person ORI Great West Holdings, Inc., Affiliate/Interested Person Old Republic General Insurance Group, Inc., Affiliate/Interested Person James M Dill, Affiliate/Interested Person Troy Myers, Affiliate/Interested Person Cathy Myers, Affiliate/Interested Person Robal Transportation, LLC, Affiliate/Interested Person Max Michael Menard, Affiliate/Interested Person Mulubrahan Tekle, Affiliate/Interested Person Michael C Wynne, Affiliate/Interested Person Robel Beyene, Affiliate/Interested Person Jason Fontenot, Affiliate/Interested Person Great West Casualty Company, Affiliate/Interested Person Old Republic International Corporation for Great West Casualty Company, Muluebrhan Tekle, Robal Transportation, LLC.. (Wynne, Michael) |
| Filing 6 NOTICE OF DEFICIENCY with LR 7.1 as to #5 Certificate of Interested Persons. 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. (NLT) |
| Filing 5 Certificate of Interested Persons by Great West Casualty Company, Robal Transportation, LLC, Muluebrhan Tekle identifying Corporate Parent ORI Great West Holdings, Inc for Great West Casualty Company. (Wynne, Michael) |
| Filing 4 Letter to Attorney Max Michael Menard who is counsel for party Troy and Cathy Myers. Attorney is not admitted to practice in LAMD. (BLR) |
| Filing 3 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. (BLR) |
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Filing 2
NOTICE AND ORDER: Defendants Great West Casualty Company, Robal Transportation, LLC, and Mulubrhan Tekle filed their Notice of Removal on 11/2/23, alleging this Court has diversity subject matter jurisdiction. The Notice of Removal adequately alleges the amount in controversy, based on the allegation that Plaintiff Troy Myers incurred "roughly $110,000 in pre-removal medical expenses," and adequately alleges the citizenship of all Defendants. However, the citizenship allegations of Plaintiffs Troy and Cathy Myers's Louisiana residencies in the Notice of Removal and in the Petition are insufficient. The citizenship of an individual is determined by the individual's domicile, NOT residency. Mas v. Perry, 489 F.2d 1396, 1399 (5th Cir. 1974). Accordingly, by no later than November 13, 2023, Defendants are ORDERED to file a motion for leave with a comprehensive amended notice of removal attached that adequately alleges the citizenship of all parties. The case will be allowed to proceed if jurisdiction is adequately established. Signed by Magistrate Judge Erin Wilder-Doomes on 11/6/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 1 NOTICE OF REMOVAL from 18th Judicial District Court, Case Number 1048536. (Filing fee $ 402 receipt number ALAMDC-2662982), filed by Great West Casualty Company, Robal Transportation, LLC, Tekle Mulubrhan. (Attachments: #1 Exhibit Ex. 1 State Court Record & Service to Defendants, #2 Exhibit Ex. 2 Excerpts of Medical and Billing Records)(Wynne, Michael) Modified on 11/16/2023 to replace document as per Order #9 (LLH). |
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