Shears v. Transhorn Trucking LLC et al
| Travis Shears |
| Transhorn Trucking LLC, Mohave Transportation Insurance Company and Yeman Embaye |
| 3:2024cv00118 |
| February 16, 2024 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Erin Wilder-Doomes |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Plaintiff |
Docket Report
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Filing 12
GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019. (LLH)
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Filing 11
ORDER OF DISMISSAL: This action is hereby DISMISSED without prejudice to the right, upon good cause shown within sixty (60) days, to reopen the action if the settlement is not consummated. Signed by Judge John W. deGravelles on 03/18/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC)
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| Filing 10 NOTICE of Settlement with Plaintiff, Travis Shears by Yeman Embaye, Mohave Transportation Insurance Company, Transhorn Trucking LLC (Puente-Martin, Magali) |
| Filing 9 AMENDED NOTICE OF REMOVAL, filed by Yeman Embaye, Mohave Transportation Insurance Company, Transhorn Trucking LLC. (Attachments: #1 Exhibit D - Email Corr fr Pls Counsel)(LLH) |
| Filing 8 Corporate Disclosure Statement by Mohave Transportation Insurance Company identifying Corporate Parent Swift Transportation Co. of Arizona, LLC for Mohave Transportation Insurance Company.. (Puente-Martin, Magali) |
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Filing 7
NOTICE AND ORDER: IT IS ORDERED that the #6 Motion for Leave to File Amended Removal filed by Defendants Yeman Embaye, Mohave Transportation Insurance Company, and Transhorn Trucking LLC is HEREBY GRANTED, as it was filed in accordance with the Court's #6 Order and properly identifies the citizenship of Plaintiff (LA) and Defendant Transhorn Trucking, LLC (2 TX members). Accordingly, the Clerk of Court is directed to docket the First Amended Notice of Removal at R. Doc. 6-2 and exhibit attached thereto at R. Doc. 6-3 into the record of this matter, which shall become the operative amended Notice of Removal. Signed by Magistrate Judge Erin Wilder-Doomes on 2/28/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 6 MOTION for Leave to File Amended Removal by Yeman Embaye, Mohave Transportation Insurance Company, Transhorn Trucking LLC (Attachments: #1 Prop Order for Mtn for Leave, #2 Proposed Pleading; Amended Notice of Removal, #3 Exhibit D - Email Corr fr Pls Counsel)(Puente-Martin, Magali) |
| Filing 5 NOTICE of Compliance by Yeman Embaye, Mohave Transportation Insurance Company, Transhorn Trucking LLC (Attachments: #1 Exhibit A - State Court Record)(Puente-Martin, Magali) |
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Filing 4
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 4/25/2024 at 01:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 4/11/2024. Signed by Magistrate Judge Erin Wilder-Doomes on 2/21/2024. (BLR)
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Filing 3
NOTICE AND ORDER: Defendants Transhorn Trucking, LLC., Mohave Transportation Insurance Company and Yeman Embaye filed their Notice of Removal on February 16, 2024, alleging that the basis for subject matter jurisdiction in this case is diversity of citizenship under 28 U.S.C. 1332. The Notice of Removal alleges the AIC is met based on the Plaintiff's response to a request for admission, admitting that his damages exceed $75,000. R. Doc. 1-3, p. 1. The Notice of Removal adequately alleges that citizenship of Defendants Mohave (CT/PA) and Yeman Embaye (TX). However, the Notice of Removal does not adequately allege the citizenship of Plaintiff because the NOR relies on the allegations of the Petition, which only alleges Plaintiff's Louisiana residency. R. Doc. 1, p. 2 and R. Doc. 1-1, p. 1. The citizenship of an individual is determined by the individual's domicile, not residency. Mas v. Perry, 489 F.2d 1396, 1399 (5th Cir. 1974). The Notice of Removal also fails to adequately allege the citizenship of defendant Transhorn. The citizenship of a limited liability company is determined by the citizenship of all its members, each of which must be specifically identified. Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008). The general reference to Transhorn's "member domiciled in Texas" is insufficient. Accordingly, IT IS ORDERED that, by no later than February 27, 2024, Defendants shall file a motion for leave to file an amended Notice of Removal that properly alleges the citizenship of each party, and that includes all of Defendants' numbered allegations, as revised, supplemented, and/or amended. 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 2 Certificate of Interested Persons by Yeman Embaye, Mohave Transportation Insurance Company, Transhorn Trucking LLC identifying Corporate Parent Mohave Transportation Insurance Company for Mohave Transportation Insurance Company; Affiliate/Interested Person Yeman Embaye for Yeman Embaye; Corporate Parent Transhorn Trucking LLC for Transhorn Trucking LLC.. (Puente-Martin, Magali) |
| Filing 1 NOTICE OF REMOVAL from 19th Judicial District Court Parish of East Baton Rouge, Case Number 737866. (Filing fee $ 405 receipt number ALAMDC-2714429), filed by Yeman Embaye, Mohave Transportation Insurance Company, Transhorn Trucking LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Coversheet)(Puente-Martin, Magali) |
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