Reyes v. Thompson Carriers, Inc. et al
| Victoria O Reyes |
| Thompson Carriers, Inc., National Interstate Insurance Company and Christopher Michael Porter |
| 3:2023cv01624 |
| November 22, 2023 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Both |
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Filing 9
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 3/14/2024 at 08:30 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 2/29/2024. Signed by Magistrate Judge Erin Wilder-Doomes on 12/27/2023. (BLR)
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| Filing 8 Corporate Disclosure Statement by National Interstate Insurance Company identifying Corporate Parent Great American Insurance Group, Corporate Parent National Interstate Corporation, Corporate Parent American Financial Group, Inc. for National Interstate Insurance Company.. (Robertson, Michael) |
| Filing 7 ANSWER to Complaint with Jury Demand by National Interstate Insurance Company.(Robertson, Michael) |
| Filing 6 MEMORANDUM in Response to 2 Carriers, Inc. (Attachments: #1 Exhibit A -Email from PL Counsel)(Robertson, Michael) Modified on 12/12/2023 to edit text (LLH). |
| Filing 5 Certificate of Interested Persons by Victoria O Reyes identifying Affiliate/Interested Person Victoria O Reyes for Victoria O Reyes.. (Schindler, Claire) |
| Filing 4 NOTICE OF DEFICIENCY with LR 7.1 as to #3 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. (JEG) |
| *** Add Interested Person by Thompson Carriers, Inc. identifying Affiliate/Interested Person Great American Insurance Group, Affiliate/Interested Person National Interstate Corporation, Affiliate/Interested Person American Financial Group, Inc. for Thompson Carriers, Inc.. (Robertson, Michael) |
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Filing 2
NOTICE AND ORDER: Defendant Thompson Carriers, Inc. filed its #1 Petition for Removal on November 22, 2023 alleging this Court has diversity subject matter jurisdiction. The Notice of Removal adequately alleges the diverse citizenship of the parties. However, Defendant's allegations regarding the lack of a La. Code Civ. Proc. art. 893 allegation, statement of "serious" injuries to multiple body parts in the Petition, and denial of a Request for Admission that damages and AIC do not exceed $75,000 (paras. 14-16; R. Doc. 1-6, p. 17) are currently inadequate to establish the requisite amount in controversy ("AIC"). While a discovery admission can be sufficient to establish AIC, it must be clear and unequivocal that Plaintiff's damages are likely to exceed $75,000, exclusive of interests and costs. 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 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 11, 2023, Defendant shall file a memorandum and supporting evidence of AIC, specifically attaching supporting evidence of Plaintiffs 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 December 26, 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 11/27/2023. (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 Thompson Carriers, Inc. (JEG) |
| Filing 1 NOTICE OF REMOVAL from 19th JDC East Baton Rouge Parish, Case Number C-734156. (Filing fee $ 402 receipt number ALAMDC-2673591), filed by Thompson Carriers, Inc.. (Attachments: #1 Attachment Civil Cover Sheet, #2 Attachment Certificate of Filing, #3 Exhibit A - Original Petition for Damages, #4 Exhibit B - Exception of Insufficiency of Service, #5 Exhibit C - PL First Amended Petition for Damages, #6 Exhibit D - PL Answers to Discovery Requests, #7 Exhibit E - State Court Record, #8 Attachment Certificate of Filing of State Court Record, #9 Attachment Certificate of Interested Persons)(Robertson, Michael) |
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