Bagent v. Cherry et al
| Ernest Bagent |
| Robert Cherry, Special Delivery Xpress, Inc. and Northland Insurance Company |
| 3:2023cv01592 |
| November 14, 2023 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Erin Wilder-Doomes |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 10
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 2/1/2024 at 02:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 1/18/2024. Signed by Magistrate Judge Erin Wilder-Doomes on 12/18/2023. (BLR)
|
|
Filing 9
NOTICE AND ORDER: IT IS ORDERED that the #8 Unopposed Motion for Leave of Court to File Second Supplemental Notice of Removal and Exhibits filed by all Defendants, which was filed in response to the Court's 7 Order, is HEREBY GRANTED. The Clerk of Court is directed to docket the Second Supplemental Notice of Removal at R. Doc. 8-1 and Plaintiff's additional medical records at R. Doc. 8-3 as exhibits to the #1 original Notice of Removal. Signed by Magistrate Judge Erin Wilder-Doomes on 11/29/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
|
| Filing 8 Unopposed MOTION for Leave to File Second Supplemental Notice of Removal and Exhibits by All Defendants (Attachments: #1 Proposed Pleading; Second Supplemental Notice of Removal, #2 Proposed Pleading; Order, #3 Exhibit Ex. 1 - La Orthopedic bills, #4 Exhibit Ex. 2 - Spine Specialists bills)(Reeves, Janice) |
|
Filing 7
ORDER: The #5 Motion to Supplement Notice of Removal, filed by all Defendants in response to the Courts 4 Order, which seeks to supplement the Notice of Removal with Plaintiffs medical records, is GRANTED. The Clerk of Court is directed to docket the medical records attached to the Motion at R. Doc. 5-1 through 5-4 as additional exhibits in support of the Notice of Removal. However, the additional information is still insufficient to establish amount in controversy. Although the medical records reference a shoulder surgery and other treatment, it is not clear whether Plaintiff had the surgery or the associated cost, and the records establish past medical expenses of only $2,149 for physical therapy. R. Doc. 5-4, pp. 13-17. If Defendants have additional evidence in support of the amount in controversy, specifically including evidence of past medical expenses and lost wages, then on or before November 29, 2023, Defendants shall file a motion for leave to supplement the Notice of Removal with that additional information. Signed by Magistrate Judge Erin Wilder-Doomes on 11/21/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
|
| MOTION(S) REFERRED: #5 MOTION to Amend /Supplement Notice of Removal. This motion is now pending before the USMJ. (EDC) |
| Filing 6 ANSWER to Complaint with Jury Demand by Robert Cherry, Northland Insurance Company, Special Delivery Xpress, Inc..(Reeves, Janice) |
| Filing 5 MOTION to Amend /Supplement Notice of Removal by All Defendants (Attachments: #1 Exhibit Ex. 1 - Medical Records, Dr. Johnston, #2 Exhibit Ex. 2 - Surgical Clearance, Dr. Cefalu, #3 Exhibit Ex. 3 - Medical Records - Dr. Isaza, #4 Exhibit Ex. 4 - Medical Records - PT)(Reeves, Janice) (Attachment 2 replaced on 11/21/2023) (EDC). Modified on 11/21/2023 to rotate pages. (EDC). |
|
Filing 4
NOTICE AND ORDER: Defendants Robert Cherry, Special Delivery Xpress, Inc. and Northland Insurance Company filed their Notice of Removal on November 14, 2023, alleging this Court has diversity subject matter jurisdiction. The Notice of Removal adequately alleges the diverse citizenship of the parties. However, Defendants' allegations, unsupported by any evidence, 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. Defendants are ORDERED to review the Courts 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 Defendants can correct the deficient jurisdictional allegations (28 U.S.C. 1653), by no later than November 29, 2023, Defendants shall file a motion to supplement the Notice of Removal with evidence of the AIC. Defendants 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 December 13, 2023, Plaintiff shall file a Motion to Remand, if Plaintiff contends Defendants have not met their burden to establish subject matter jurisdiction. 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)
|
| Filing 3 Certificate of Interested Persons by Robert Cherry, Northland Insurance Company, Special Delivery Xpress, Inc. identifying Corporate Parent SDX for Special Delivery Xpress, Inc.; Corporate Parent The Travelers Companies, Inc. for Northland Insurance Company. (Reeves, Janice) |
| 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. (NLT) |
| Filing 1 NOTICE OF REMOVAL from 19th JDC, Parish of East Baton Rouge, Case Number 739271. (Filing fee $ 402 receipt number ALAMDC-2669073), filed by Northland Insurance Company, Special Delivery Xpress, Inc., Robert Cherry. (Attachments: #1 Attachment Civil Cover Sheet, #2 Exhibit 1 - State Court Pleadings, #3 Exhibit 2 - List of All Counsel, #4 Affidavit Declaration of Service)(Reeves, Janice) (Additional attachment(s) added on 11/21/2023: #5 Exhibit Ex. 1 - Medical Records, Dr. Johnston, #6 Exhibit Ex. 2 - Surgical Clearance, Dr. Cefalu, #7 Exhibit Ex. 3 - Medical Records - Dr. Isaza, #8 Exhibit Ex. 4 - Medical Records - PT) (LLH). Modified on 11/21/2023 to add exhibits per Order #7 (LLH). ( #9 Attachment Second Supplemental Notice of Removal, #10 Attachment Iternization of Charges, #11 Attachment Spine Specialists Statement) (LLH). Modified on 11/30/2023 to add additional attachments as per Order #9 (LLH). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Louisiana Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
