Sawyer v. National Union Fire Insurance Company of Pittsburgh, PA et al
| Michael Sawyer |
| National Union Fire Insurance Company of Pittsburgh, PA, J. D. Arends and Sunderland Trucking, LLC |
| 3:2023cv01602 |
| November 16, 2023 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Erin Wilder-Doomes |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on January 12, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 Unopposed MOTION to Substitute Joint Status Report by Michael Sawyer (Attachments: #1 Proposed Pleading; revised Joint Status report)(Goehring, John) |
| MOTION(S) REFERRED: #15 Unopposed MOTION to Substitute Joint Status Report . This motion is now pending before the USMJ. (NLT) |
| Filing 14 Joint STATUS REPORT by Michael Sawyer. (Goehring, John) |
Filing 13
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 2/1/2024 at 03:30 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)
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| Filing 12 Exhibit(s) to #10 Amended Notice of Removal, by J. D. Arends, National Union Fire Insurance Company of Pittsburgh, PA, Sunderland Trucking, LLC. (Attachments: #1 Exhibit Copy of State Court Pleadings, #2 Exhibit Medical Payment History, #3 Exhibit Indmenity Payment History)(Thibodeaux, Terry) |
| Filing 11 Notice of Deficiency with Administrative Procedure III(A)(1) as to #8 Motion to Amend,. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. Each exhibit MUST include a description (e.g., Ex.1 Plaintiff Depo). (EDC) |
| Filing 10 AMENDED NOTICE OF REMOVAL, filed by Sunderland Trucking, LLC, J. D. Arends, National Union Fire Insurance Company of Pittsburgh, PA. (Attachments: #1 Exhibit A to Amended Notice of Removal, #2 Exhibit B to Amended Notice of Removal, #3 Exhibit C to Amended Notice of Remoal, #4 Attachment Exhibit C to Amended Notice of Remoal)(LLH) |
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Filing 9
NOTICE AND ORDER: IT IS ORDERED that the #8 Motion of Defendants for Leave to File Amended Notice of Removal filed by all Defendants is HEREBY GRANTED, as it was filed in compliance with the Court's 7 Order and adequately identifies the citizenship of all parties, and additionally provides evidence that the amount in controversy is likely met. Accordingly, the Clerk of Court is directed to docket the Amended Notice of Removal of a Civil Action at R. Doc. 8-1 and exhibits attached thereto at R. Docs. 8-2 through 8-5. Signed by Magistrate Judge Erin Wilder-Doomes on 12/1/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 8 MOTION to Amend by All Defendants (Attachments: #1 Proposed Pleading; Amended Notice of Removal, #2 Exhibit Exhibit A to Amended Notice of Removal, #3 Exhibit Exhibit B to Amended Notice of Removal, #4 Exhibit Exhibit C to Amended Notice of Remoal, #5 Attachment Memorandum and Certificate of Counsel)(Thibodeaux, Terry) |
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Filing 7
NOTICE AND ORDER: Defendants Sunderland Trucking, LLC, National Union Fire Insurance Company of Pittsburgh, PA, and J.D. Arends filed their Notice of Removal on November 16, 2023, alleging this Court has diversity subject matter jurisdiction. The Notice of Removal adequately alleges the diverse citizenship of Plaintiff, J.D. Arends and National Union. However, Defendant's allegations regarding the citizenship of Sunderland and the requisite amount in controversy ("AIC") are currently inadequate. The Court sua sponte raises the issue of whether subject matter jurisdiction has been adequately alleged. Defendants are ORDERED to review the Court's Notice of Requirements for Diversity Jurisdiction, which can be found on the Court's website at https://www.lamd.uscourts.gov/content/magistrate-judge-erin-wilder-doomes, under Case Information and Forms. If Defendant can correct the deficient jurisdictional allegations (28 U.S.C. 1653), by no later than December 5, 2023, Defendants shall file a motion for leave, with a comprehensive proposed amended notice of removal attached that adequately alleges the citizenship of all parties, and a memorandum and supporting evidence of AIC. 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 December 19, 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 11/21/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 6 ANSWER to Complaint with Jury Demand by J. D. Arends, National Union Fire Insurance Company of Pittsburgh, PA, Sunderland Trucking, LLC.(Thibodeaux, Terry) |
| Filing 5 NOTICE of Civil Cover Sheet by J. D. Arends, National Union Fire Insurance Company of Pittsburgh, PA, Sunderland Trucking, LLC (Thibodeaux, Terry) (Main Document 5 replaced on 11/17/2023) (EDC). Modified on 11/17/2023 to flatten document. (EDC). Modified on 11/27/2023 to edit text. (EDC). |
| Filing 4 Certificate of Interested Persons by J. D. Arends, National Union Fire Insurance Company of Pittsburgh, PA, Sunderland Trucking, LLC (Thibodeaux, Terry) |
| 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. (EDC) |
| Filing 2 NOTICE of Compliance by J. D. Arends, National Union Fire Insurance Company of Pittsburgh, PA, Sunderland Trucking, LLC (Attachments: #1 Exhibit Certify Notice to Plaintiff and Clerk of Court)(Thibodeaux, Terry) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $ 402 receipt number ALAMDC-2670828), filed by Sunderland Trucking, LLC, J. D. Arends, National Union Fire Insurance Company of Pittsburgh, PA. (Attachments: #1 Exhibit State Court Pleadings)(Thibodeaux, Terry) |
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