Waild v. The Hartford Insurance Company of the Midwest
| Dennis J. Waild |
| The Hartford Insurance Company of the Midwest |
| 3:2023cv01679 |
| December 19, 2023 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on January 19, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 ANSWER to Complaint with Jury Demand by The Hartford Insurance Company of the Midwest.(Colletta, Thomas) |
| Filing 11 AMENDED NOTICE OF REMOVAL, filed by The Hartford Insurance Company of the Midwest. (Attachments: #1 Exhibit A-State Court Record, #2 Exhibit B-Citation with Petition, #3 Exhibit C-Sworn Statement in Proof of Loss)(LLH) |
Filing 10
ORDER: The #9 Motion for Leave to File Amended Notice of Removal, filed by Defendant Hartford Insurance Company of the Midwest, is GRANTED, as it was filed in accordance with the Courts 7 Notice and Order, and the [9-1] Amended Notice of Removal and Jury Trial Demand adequately establishes the requisite amount in controversy (AIC) by the inclusion of Paragraph 21 in the amended notice and the attachment of the [9-4] Sworn Statement in Proof of Loss. Accordingly, the Clerk of Court is directed to file into the record of this matter the [9-1] Amended Notice of Removal and Jury Trial Demand with [9-2 through 9-4] exhibits attached, which will become the operative Notice of Removal. Signed by Magistrate Judge Erin Wilder-Doomes on 12/29/2023. (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: #9 MOTION for Leave to File Amended Notice of Removal . This motion is now pending before the USMJ. (ELW) |
| Filing 9 MOTION for Leave to File Amended Notice of Removal by The Hartford Insurance Company of the Midwest (Attachments: #1 Proposed Pleading; Amended Notice of Removal, #2 Exhibit A-State Court Record, #3 Exhibit B-Citation with Petition, #4 Exhibit C-Sworn Statement in Proof of Loss, #5 Proposed Pleading; Proposed Order)(Colletta, Thomas) |
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Filing 8
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 3/28/2024 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 3/14/2024. Signed by Magistrate Judge Erin Wilder-Doomes on 12/27/2023. (BLR)
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Filing 7
NOTICE AND ORDER: Hartford Insurance Company of the Midwest ("Defendant") removed this case to this Court on December 19, 2023, alleging subject matter jurisdiction under 28 U.S.C. 1332. The Notice of Removal adequately alleges the citizenship of the parties, who appear to be diverse, as Plaintiff is alleged to be a citizen of Louisiana and Defendant is alleged to be incorporated in Indiana with its principal place of business in Connecticut. R. Doc. 1, paragraphs 14-15. However, Defendants allegations are currently inadequate to establish the requisite amount in controversy ("AIC"). The Notice of Removal alleges that Dennis J. Waild ("Plaintiff") submitted a Proof of Loss in the amount of $86,320.29, and pled a claim for penalties and fees. R. Doc. 1, paragraphs 20-21. However, the Proof of Loss is not attached to the Notice of Removal, and it is unclear what, if anything, Defendant has paid on Plaintiff's claim, which information is necessary to determine the amount in controversy, i.e., actually claimed. Accordingly, by no later than January 5, 2024, Defendant Hartford Insurance Company of the Midwest shall file a motion for leave to file an amended notice of removal that alleges the amounts, if any, that Defendant paid to Plaintiff on Plaintiff's claims in this case, and shall attach the referenced Proof of Loss and any other relevant evidence of the amount in controversy. Signed by Magistrate Judge Erin Wilder-Doomes on 12/22/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 6 Exhibit(s) to #2 Notice of Compliance by The Hartford Insurance Company of the Midwest. (Attachments: #1 Exhibit 1-State Court Record)(Colletta, Thomas) |
| Filing 5 NOTICE of Certificate of Filing of State Court Notice of Removal #1 Notice of Removal, by The Hartford Insurance Company of the Midwest (Colletta, Thomas) |
| Filing 4 Certificate of Interested Persons by The Hartford Insurance Company of the Midwest identifying Affiliate/Interested Person Thomas Louis Colletta, Jr., Jr., Affiliate/Interested Person Seth A. Schmeeckle for The Hartford Insurance Company of the Midwest. (Colletta, Thomas) Modified on 12/19/2023 (LLH). |
| Filing 3 NOTICE of Diversity Jurisdiction Disclosure Statement #1 Notice of Removal, by The Hartford Insurance Company of the Midwest (Colletta, Thomas) |
| Filing 2 NOTICE of Compliance by The Hartford Insurance Company of the Midwest to #1 Notice of Removal, (Colletta, Thomas) |
| Filing 1 NOTICE OF REMOVAL from 19th JDC, E. Baton Rouge, Case Number C-740886. (Filing fee $ 405 receipt number ALAMDC-2686321), filed by The Hartford Insurance Company of the Midwest. (Attachments: #1 Exhibit A-State Court Record, #2 Civil Cover Sheet)(Colletta, Thomas) |
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| Plaintiff: Dennis J. Waild | |
| Represented By: | Donnie L. Floyd |
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| Defendant: The Hartford Insurance Company of the Midwest | |
| Represented By: | Seth A. Schmeeckle |
| Represented By: | Thomas Louis Colletta, Jr. |
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