Sotelo et al v. National General Insurance Company
| Chastity Sotelo and Succession of Michael Sotelo |
| National General Insurance Company |
| 3:2024cv00066 |
| January 30, 2024 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 14 Notice to Counsel: The Scheduling Conference set for 4/11/2024 is CANCELED. The court will issue a separate scheduling order in this matter. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
| Filing 13 First STATUS REPORT Joint by All Plaintiffs. (Quinn, Julie) |
| Filing 12 NOTICE of Compliance by National General Insurance Company to #10 Amended Notice of Removal (Attachments: #1 Exhibit State Court Record)(Richie, Byron) |
| Filing 11 Memorandum Regarding the Amount in Controversy re #10 Amended Notice of Removal filed by National General Insurance Company. (Attachments: #1 Exhibit List, #2 Exhibit Policy declarations page, #3 Exhibit Consumption Trend Report, #4 Exhibit Denial letter, #5 Affidavit Affidavit by Chane Turner, #6 Exhibit Resume of Chane Turner, #7 Exhibit Photographs taken by Chane Turner)(Richie, Byron) Modified on 2/21/2024 to edit title of document and to remove duplicate description of attachment 1. (JEG). |
| Filing 10 AMENDED NOTICE OF REMOVAL against Chastity Sotelo, Succession of Michael Sotelo, filed by National General Insurance Company.(Richie, Byron) |
Filing 9
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 4/11/2024 at 01:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 3/28/2024. Signed by Magistrate Judge Erin Wilder-Doomes on 2/8/2024. (BLR)
|
|
Filing 8
NOTICE AND ORDER: Defendant National General Insurance Company removed this case to this Court on January 30, 2024, 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 Plaintiffs are alleged to be Louisiana citizens and Defendant is alleged to be incorporated in North Carolina and have its principal place of business in Missouri. R. Doc. 1, paras. 3-4. In support of amount in controversy, the Notice of Removal relies solely on the Petition's allegation that Plaintiffs are entitled to the proceeds of an insurance policy payable because of a broken water line and seek a judgment that exceeds $75,000. R. Doc. 1, paras. 7, 9. The Petition does not indicate the amount Plaintiffs are claiming under the policy or the amount of the policy. The Petition says that there is a $140,000 mortgage on the home, which Plaintiffs intended to list for $190,000 but could not because of the water damage, and that the home ultimately had mold growth and was subject to foreclosure. R. Doc. 5, paras. XI, XIV, XVII, XXXVIII, XL. The foregoing is insufficient to establish the amount in controversy ("AIC"). Accordingly, Defendant is ORDERED to review the Court's 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 Defendant can correct the deficient jurisdictional allegations (28 U.S.C. 1653), by no later than February 21, 2024, Defendant shall file a memo and supporting evidence concerning whether the AIC requirement of 28 U.S.C. 1332 is met. The memo shall include a certification that counsel has reviewed the Jurisdictional Notice and all applicable cases cited regarding the pleading of the AIC in cases asserting breach of an insurance contract. By no later than March 6, 2024, Plaintiffs shall file a Motion to Remand, if Plaintiffs contend that Defendant has not met its burden. 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)
|
| Filing 7 ANSWER to Complaint with Jury Demand by National General Insurance Company.(Richie, Byron) |
| Filing 6 Exhibit(s) to #1 Notice of Removal, by National General Insurance Company. (Richie, Byron) |
| Filing 5 Exhibit(s) to #1 Notice of Removal, by National General Insurance Company. (Richie, Byron) |
| Filing 4 Exhibit(s) to #1 Notice of Removal, by National General Insurance Company. (Richie, Byron) |
| Filing 3 Corporate Disclosure Statement by National General Insurance Company identifying Corporate Parent National General Holdings Corp. for National General Insurance Company.. (Richie, Byron) |
| Filing 2 Certificate of Interested Persons by National General Insurance Company identifying Corporate Parent National General Holdings Corp., Affiliate/Interested Person Allstate Insurance Holdings, LLC, Affiliate/Interested Person Imperial Fire & Casualty Insurance Company, Affiliate/Interested Person The Allstate Corporation for National General Insurance Company. (Richie, Byron) (Main Document 2 replaced on 1/31/2024) (ELW). Modified on 1/31/2024 to flatten document (ELW). |
| Filing 1 NOTICE OF REMOVAL from 19th Judicial District Court, Case Number 742,213 Sec 24. (Filing fee $ 405 receipt number ALAMDC-2703275), filed by National General Insurance Company. (Attachments: #1 Attachment Civil Cover Sheet)(Richie, Byron) (Attachment 1 replaced on 2/5/2024) (ELW). Modified on 2/5/2024 to flatten civil cover sheet (ELW). |
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.
