Jarreau et al v. Allied World Assurance et al
| Donnie Jarreau, Louisiana Sports & Fitness Center #2, LLC. and D&D Partnership, LLC. |
| Allied World Assurance Company (U.S.), Inc., Vantapro Specialty Insurance Company, Care Providers Insurance Services, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, XYZ Insurance Company, Allied World Assurance, Allied World Assurance Company, Ltd. and Allied World Insurance Company |
| 3:2023cv01701 |
| December 29, 2023 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Brian A Jackson |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 21, 2024. A more recent docket listing may be available from PACER.
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Filing 19
ORDER: On February 20, 2024, the Court issued an 18 Order directing Plaintiffs to file a comprehensive amended complaint that clarifies the current parties to the proceeding, which is unclear from Plaintiffs' most recent attempt to amend their complaint. That same day, Defendants Allied World Assurance and Vantapro Specialty Insurance Company filed a #17 Motion for Leave to File Amended Notice of Removal, as previously ordered by the Court, to cure certain deficiencies in the original Notice of Removal. See R. Doc. 8. However, given the current uncertainty regarding the parties to the proceeding, the #17 Allied World Assurance Company (U.S.) Inc. and Vantapro Specialty Insurance Company's Ex Parte Motion for Leave to File Amended Notice of Removal is TERMINATED WITHOUT PREJUDICE to re-urging within 14 days of the issuance of an Order granting Plaintiffs' motion for leave to file an amended complaint so that any amended Notice of Removal only addresses the parties remaining in the case. Signed by Magistrate Judge Erin Wilder-Doomes on 2/21/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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Filing 18
ORDER: The #16 Plaintiffs' Motion for Leave to Amend and Restate Complaint, filed by Plaintiffs Louisiana Sports & Fitness Center No. 2, Inc. d/b/a Spectrum Fitness ("Spectrum Fitness") and D&D Partners, LLC d/b/a D&D Partnership ("D&D"), is DENIED WITHOUT PREJUDICE to re-urging as it is unclear. While the proposed [16-1] First Amended and Restated Complaint adequately alleges the citizenship of Plaintiffs Spectrum Fitness and D&D and of Defendants Vantapro Specialty Insurance Company and Allied World Insurance Company, the proposed Amended Complaint does not address the citizenship of Defendants Care Providers Insurance Services ("Care Providers") or Defendant Liberty Mutual Fire Insurance Company ("Liberty Mutual"). Although these entities are still listed in the caption of the proposed Amended Complaint, there are no factual assertions as to either of them in the body, so it is not clear whether Plaintiffs intend to pursue claims against these entities. Additionally, it is unclear whether Donnie Jarreau, individually, remains a plaintiff in this suit, as he is listed as a plaintiff in the caption, but not in paragraph 1 of the proposed Amended Complaint and the motion for leave was filed only on behalf of Spectrum Fitness and D&D. Any re-urged motion for leave must be filed by no later than March 1, 2024 and shall attach a comprehensive amended complaint that either: 1) removes any name from the caption for an individual or an entity who is no longer a party to this suit, or 2) identifies all parties in the caption, contains proper citizenship allegations for each party identified in the caption, and otherwise complies in all other respects with Fed. R. Civ. P. 8(a). To avoid confusion, the proposed amended complaint will take the place of any previously filed complaint without reference to any other document in the record. Signed by Magistrate Judge Erin Wilder-Doomes on 2/20/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 17 MOTION for Leave to File Amended Notice of Removal by Allied World Assurance, Vantapro Specialty Insurance Company (Attachments: #1 Proposed Pleading; Amended Notice of Removal, #2 Attachment Certification of Counsel, #3 Attachment Proposed Order, #4 Exhibit A. State Court Petition, #5 Exhibit B. State Court Docket Sheet, #6 Exhibit C. Amended Complaint, #7 Exhibit D. LA SOS Proof of Service, #8 Exhibit E. LDI Allied World, #9 Exhibit F. LDI Vantapro, #10 Exhibit G. TX SOS NSM, #11 Exhibit H. TX SOS Care Providers, #12 Exhibit I. PA Dept. State Norman-Spencer McKernan, Inc., #13 Exhibit J. LDI LMFIC, #14 Exhibit K. Consent to Removal, #15 Exhibit L. LDI LMIC)(Balascio, Michael) |
| Filing 16 MOTION for Leave to File an Amended and Restated Complaint by All Plaintiffs (Attachments: #1 Proposed Pleading; Amended and Restated Complaint, #2 Attachment Certification of Notice Requirements)(Plain, Kendall) |
| MOTION(S) REFERRED: #16 MOTION for Leave to File an Amended and Restated Complaint. This motion is now pending before the USMJ. (EDC) |
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Filing 15
ORDER: The #10 Plaintiffs' Motion for Leave to Amend and Restate Complaint is TERMINATED AS MOOT as Plaintiffs Louisiana Sports & Fitness Center No. 2, Inc. d/b/a Spectrum Fitness and D&D Partners, LLC d/b/a D&D Partnership filed a subsequent motion seeking the same relief (R. Doc. 12). Signed by Magistrate Judge Erin Wilder-Doomes on 2/7/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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Filing 14
ORDER: The #12 Plaintiffs' Motion for Leave to Amend and Restate Complaint, filed by Louisiana Sports & Fitness Center No. 2, Inc. d/b/a Spectrum Fitness ("Spectrum Fitness") and D&D Partners, LLC d/b/a D&D Partnership ("D&D"), is DENIED WITHOUT PREJUDICE to re-urging as it is deficient. The Court's subject matter jurisdiction in this case is alleged to be based on diversity of citizenship. The #8 January 9, 2024 Telephone Conference Report and Order required Plaintiffs to correct their names and to adequately state the citizenship of each entity. The January 9, 2024 Order also required Plaintiffs' counsel to include a certification that counsel has reviewed the Notice of Requirements for Diversity Jurisdiction, 28 U.S.C. 1332, and all cases cited in the Notice of Jurisdiction related to pleading citizenship of parties. The Motion and [12-1] proposed First Amended and Restated Complaint are deficient in each of these respects. Accordingly, by no later than February 16, 2024, Plaintiffs may re-urge a motion for leave that attaches a proposed amended complaint that adequately alleges the citizenship of Spectrum Fitness (a corporation) and D&D (an LLC). To avoid confusion, the proposed amended complaint should be comprehensive, i.e., should include all Plaintiffs numbered allegations against all defendants without reference to any other document in the record. Failure to timely and fully comply with this Order may subject Plaintiffs' counsel to sanctions. Signed by Magistrate Judge Erin Wilder-Doomes on 2/7/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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Filing 13
ORDER granting #11 Motion to Enroll Additional Counsel. Added attorney David W. Ardoin, Preston L Hayes, and Ryan P Monsour for D&D Partnership, Donnie Jarreau and Louisiana Sports & Fitness Center #2, LLC. Signed by Magistrate Judge Erin Wilder-Doomes on 2/1/2024. (BLR)
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| MOTION(S) REFERRED: #11 MOTION to Enroll David W. Ardoin, Preston L. Hayes, and Ryan P. Monsour as Additional Attorney , #10 MOTION for Attorney Fees MOTION to Alter Judgment MOTION to Approve Consent Judgment MOTION for Leave to Amend and Restate Complaint, #12 MOTION for Leave to Amend and Restate Complaint. This motion is now pending before the USMJ. (EDC) |
| Filing 12 Motion for Leave to Amend and Restate Complaint against All Defendants, filed by D&D Partnership, LLC., Louisiana Sports & Fitness Center #2, LLC., Donnie Jarreau. (Attachments: #1 Proposed Pleading; Amended Complaint)(Plain, Kendall) Modified on 1/31/2024 to edit the text and correct event type. (EDC). |
| Filing 11 MOTION to Enroll David W. Ardoin, Preston L. Hayes, and Ryan P. Monsour as Additional Attorney by All Plaintiffs (Attachments: #1 Attachment Order)(Plain, Kendall) |
| Filing 10 MOTION for Leave to Amend and Restate Complaint by All Plaintiffs (Attachments: #1 Proposed Pleading; Amended Complaint)(Plain, Kendall) Modified on 1/31/2024 to edit text. (EDC). |
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Filing 9
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 4/11/2024 at 09:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 3/28/2024. Signed by Magistrate Judge Erin Wilder-Doomes on 1/10/2024. (BLR)
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| Filing 8 Minute Entry/Telephone Conference Report and Order for proceedings held before Magistrate Judge Erin Wilder-Doomes: Telephone Conference held on 1/9/2024 regarding the Notice of Removal. By no later than 1/30/2024, Plaintiffs shall file a motion for leave with a comprehensive proposed amended complaint as stated herein. By no later than 2/20/2024, Removing Defendants shall file a motion for leave with a comprehensive amended notice of removal as stated herein. Both motions for leave shall contain a certification that counsel has reviewed the Notice of Requirements for Diversity Jurisdiction, which can be found on Judge Wilder-Doomes' page on the Court's website. (EDC) |
| Filing 7 Corporate Disclosure Statement by Vantapro Specialty Insurance Company identifying Corporate Parent Fairfax Financial Holdings Limited, Corporate Parent Allied World Specialty Insurance Company, Corporate Parent Allied World Insurance Company, Corporate Parent 1102952 B.C. Unlimited Liability Company, Corporate Parent OCM Goldfish Inc., Corporate Parent OMERS Administration Corporation, Corporate Parent Allied World Assurance Holdings (U.S.) Inc., Corporate Parent Allied World Assurance Holdings (Ireland) Ltd., Corporate Parent Allied World Assurance Company, Ltd., Corporate Parent Mr. Prem Watsa, Corporate Parent AW Underwriters, Inc., Corporate Parent Allied world Assurance Company Holdings I, Ltd., Corporate Parent Alllied world Assurance Company Holdings, Ltd. for Vantapro Specialty Insurance Company.. (Balascio, Michael) |
| Filing 6 Corporate Disclosure Statement by Allied World Assurance identifying Corporate Parent Fairfax Financial Holdings Limited, Corporate Parent Allied World Insurance Company, Corporate Parent 1102952 B.C. Unlimited Liability Company, Corporate Parent OCM Goldfish Inc., Corporate Parent OMERS Administration Corporation, Corporate Parent Allied World Assurance Company Holdings, Ltd., Corporate Parent Allied World Assurance Holdings (U.S.) Inc., Corporate Parent Allied World Assurance Holdings (Ireland) Ltd., Corporate Parent Allied World Assurance Company, Ltd., Corporate Parent Allied World Assurance Company I, Ltd., Corporate Parent Mr. Prem Watsa for Allied World Assurance.. (Balascio, Michael) |
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Filing 5
ORDER granting #4 Motion for Extension of Time to Respond pursuant to Local Rule 7(a). Allied World Assurance and Vantapro Specialty Insurance Company responsive pleadings due 1/26/2024. Signed by Magistrate Judge Erin Wilder-Doomes on 1/8/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 4 Ex Parte MOTION for Extension of Time to File Answer to #1 Notice of Removal,,, Ex. A Plaintiffs' Original Petition and Jury Demand by Allied World Assurance, Vantapro Specialty Insurance Company (Attachments: #1 Attachment Proposed Order)(Balascio, Michael) |
| MOTION(S) REFERRED: #4 Ex Parte MOTION for Extension of Time to File Answer to #1 Notice of Removal,,, Ex. A Plaintiffs' Original Petition and Jury Demand. This motion is now pending before the USMJ. (EDC) |
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Filing 3
NOTICE OF TELEPHONE CONFERENCE: IT IS ORDERED that a telephone conference is set for January 9, 2024 at 11:00 A.M. before Magistrate Judge Erin Wilder-Doomes. Counsel for Removing Defendants Allied World Assurance Company (U.S.), Inc.) and Vantapro Specialty Insurance Company, and for Plaintiffs, are required to attend. Before the conference, counsel for Plaintiffs shall review the parties identified in [1-2] Plaintiffs' Original Petition and Demand for Jury Trial, and be prepared to address whether the names of any of the parties require correction considering the allegations in the #1 Notice of Removal that, according to the Louisiana Secretary of State, there is no entity named "Louisiana Sports & Fitness Center #2, LLC" or "D&D Partnership, LLC." Counsel participating in the telephone conference shall call 225-372-6199, using phone conference ID 194727947, five minutes before the conference. Signed by Magistrate Judge Erin Wilder-Doomes on 1/4/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Case reassigned to Chief Judge Shelly D. Dick. Judge Brian A. Jackson no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (NLT) |
| Filing 2 Certificate of Interested Persons by Allied World Assurance Company (U.S.), Inc., Vantapro Specialty Insurance Company identifying Affiliate/Interested Person Allied World Assurance Company (U.S.), Inc., Affiliate/Interested Person Liberty Mutual Insurance Company, Affiliate/Interested Person Pipes Miles Beckman, LLC, Affiliate/Interested Person Barrasso Usdin Kupperman Freeman & Sarver, L.L.C., Affiliate/Interested Person Donnie Jarreau, Affiliate/Interested Person Louisiana Sports & Fitness Center #2, LLC., Affiliate/Interested Person D&D Partnership, LLC., Affiliate/Interested Person Vantapro Specialty Insurance Company, Affiliate/Interested Person Care Providers Insurance Services, Affiliate/Interested Person D&D Partners, LLC, Affiliate/Interested Person NSM Insurance Services, LLC, Affiliate/Interested Person Plain and Associates Law Firm, Affiliate/Interested Person Liberty Mutual Fire Insurance Company for Allied World Assurance Company (U.S.), Inc., Vantapro Specialty Insurance Company. (Balascio, Michael) |
| Filing 1 NOTICE OF REMOVAL from 19th JDC; Parish of East Baton Rouge, Case Number 737402. (Filing fee $ 405 receipt number ALAMDC-2689939), filed by Allied World Assurance Company (U.S.), Inc., Vantapro Specialty Insurance Company. (Attachments: #1 Attachment Civil Cover Sheet, #2 Exhibit A - Petition, #3 Exhibit B - Docket Sheet, #4 Exhibit C - LA SOS Proof of Service, #5 Exhibit D - LA SOS LA Sports & Fitness Cen, #6 Exhibit E - LA SOS D & D Partners LLC, #7 Exhibit F - LA SOS D & D Partnership, #8 Exhibit G - TX SOS NSM, #9 Exhibit H - LDI Liberty Mutual Fire Ins, #10 Exhibit I - LDI Liberty Mutual Ins Co, #11 Exhibit J - LDI Allied World Assurance, #12 Exhibit K - LDI Vantapro, #13 Exhibit L - Policy property dec page, #14 Exhibit M - Liberty Signed Consent to Removal)(Balascio, Michael) |
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