Clark v. Barazxon et al

Plaintiff:	Cherry F Clark
Defendant:	Troy Barazxon, Pike Electric, LLC and Arthur Gallagher Risk Management Services
Case Number:	3:2024cv00166
Filed:	February 28, 2024
Court:	US District Court for the Middle District of Louisiana
Presiding Judge:	John W deGravelles
Referring Judge:	Erin Wilder-Doomes
Nature of Suit:	Motor Vehicle
Cause of Action:	28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.)
Jury Demanded By:	Both

Docket Report

This docket was last retrieved on March 19, 2024. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 19, 2024	Filing 7 Notice to Counsel: The Scheduling Conference set for 5/23/2024 is CANCELED pending review of subject matter jurisdiction. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
March 13, 2024	Filing 6 SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 5/23/2024 at 01:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 5/9/2024. Signed by Magistrate Judge Erin Wilder-Doomes on 3/13/2024. (BLR)
March 4, 2024	Filing 5 NOTICE AND ORDER: Defendants Arthur Gallagher Risk Management Services and Pike Electric LLC filed their #1 Notice of Removal on February 29, 2024 alleging this Court has diversity subject matter jurisdiction. The Notice of Removal adequately alleges the diverse citizenship of Plaintiff (LA) and Trey Barbazon (GA). The citizenship of removing Defendants, who are limited liability companies, is not adequately alleged because their underlying members are not identified. Additionally, Defendants' allegations regarding the lack of a La. Code Civ. Proc. art. 893 allegation and boilerplate categories of damages in the Petition are currently inadequate to establish the requisite amount in controversy ("AIC"). R. Doc. 1, paras. 11-12. The Court sua sponte raises the issue of whether subject matter jurisdiction has been adequately alleged. Defendants are ORDERED to review the Court's 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 Defendants can correct the deficient jurisdictional allegations (28 U.S.C. 1653), then by no later than March 11, 2024, Defendants shall file a motion for leave to file a comprehensive, amended Notice of Removal that adequately alleges the citizenship of all parties, and by no later than March 18, 2024, shall file a memorandum and supporting evidence of AIC, specifically attaching supporting evidence of Plaintiff's damages. Defendants 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 April 1, 2024, Plaintiff shall file a Motion to Remand, if Plaintiff contends Defendants have not met their burden to establish subject matter jurisdiction. Signed by Magistrate Judge Erin Wilder-Doomes on 03/04/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
February 29, 2024	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)
February 29, 2024	*** Add Interested Person by Pike Electric, LLC identifying Corporate Parent Pike Electric Corporation, Corporate Parent Pike Corporation for Pike Electric, LLC. (Savant, Robert)
February 29, 2024	*** Add Interested Person by Arthur Gallagher Risk Management Services identifying Corporate Parent Arthur J. Gallagher & Co. for Arthur Gallagher Risk Management Services. (Savant, Robert)
February 28, 2024	*** Add Corporate Parent by Arthur Gallagher Risk Management Services, Pike Electric, LLC identifying Corporate Parent Pike Electric Corporation, Corporate Parent Pike Corporation for Pike Electric, LLC; Corporate Parent Arthur J. Gallagher & Co. for Arthur Gallagher Risk Management Services. (JEG)
February 28, 2024	Filing 3 Certificate of Interested Persons by Pike Electric, LLC. (Savant, Robert) (Main Document 3 replaced on 2/29/2024 to flatten document) (JEG).
February 28, 2024	Filing 2 Corporate Disclosure Statement by Pike Electric, LLC (Savant, Robert)
February 28, 2024	Filing 1 NOTICE OF REMOVAL from 19th JDC Parish of East Baton Rouge, Case Number C-734120. (Filing fee $ 405 receipt number ALAMDC-2719841), filed by Pike Electric, LLC. (Attachments: #1 Exhibit A - Petition State Court, #2 Attachment Civil Cover Sheet)(Smith, Jacy)

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Plaintiff: Cherry F Clark
Represented By:	Ebony Cavalier
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Defendant: Troy Barazxon
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Defendant: Pike Electric, LLC
Represented By:	Robert Heath Savant
Represented By:	Jacy Ashley Smith
Represented By:	Lyla N DeBlieux
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Defendant: Arthur Gallagher Risk Management Services
Represented By:	Robert Heath Savant
Represented By:	Jacy Ashley Smith
Represented By:	Lyla N DeBlieux
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