Edmond v. Lom et al
| Eddie Edmond |
| Luis Lom, Trisura Specialty Insurance Company and Arga Xpress, LLC |
| 3:2024cv00177 |
| March 1, 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-Motor Vehicle Product Liability |
| Both |
Docket Report
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This docket was last retrieved on March 15, 2024. A more recent docket listing may be available from PACER.
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| Filing 9 ANSWER to Complaint with Jury Demand by Arga Xpress, LLC, Luis Lom, Trisura Specialty Insurance Company.(Gehman, Ney) |
| Filing 8 AMENDED NOTICE OF REMOVAL, filed by Arga Xpress, LLC, Trisura Specialty Insurance Company, Luis Lom. (Attachments: #1 Exhibit A-Petition, #2 Exhibit B-Amended Petition, #3 Exhibit C-Email to plaintiff's counsel, #4 Exhibit D-Email from plaintiff's counsel, #5 Exhibit E-Email from plaintiff's counsel)(LLH) |
Filing 7
ORDER: The #5 Defendants' Motion for Leave to File Amended Notice of Removal, filed by Luis Lom, Arga Xpress, LLC, and Trisura Specialty Insurance Company ("Defendants"), is GRANTED, as it was filed in accordance with the Court's 4 Notice and Order. The proposed [5-2] Amended Notice of Removal now adequately states the citizenship of Plaintiff Eddie Edmond (LA), and the citizenship of Defendant Arga Xpress, LLC (TX) R. Doc. 5-2, p. 6. Accordingly, the Clerk of Court is directed to file into the record of this matter the [5-2] Amended Notice of Removal with [5-3 through 5-7] exhibits attached, which shall become the operative Notice of Removal. Signed by Magistrate Judge Erin Wilder-Doomes on 3/13/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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Filing 6
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 5/23/2024 at 01:30 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)
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| MOTION(S) REFERRED: #5 MOTION for Leave to File Amended Notice of Removal. This motion is now pending before the USMJ. (ELW) |
| MOTION(S) REFERRED: #5 MOTION for Leave to File Amended Notice of Removal . This motion is now pending before the USMJ. (BLR) |
| Filing 5 MOTION for Leave to File Amended Notice of Removal by Arga Xpress, LLC, Luis Lom, Trisura Specialty Insurance Company (Attachments: #1 Proposed Order, #2 Proposed Pleading; Amended Notice of Removal, #3 Exhibit A-Petition, #4 Exhibit B-Amended Petition, #5 Exhibit C-Email to plaintiff's counsel, #6 Exhibit D-Email from plaintiff's counsel, #7 Exhibit E-Email from plaintiff's counsel)(Gehman, Ney) |
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Filing 4
NOTICE AND ORDER: Defendants Luis Lom, Arga Xpress, LLC, and Trisura Specialty Insurance Company filed their Notice of Removal of March 1, 2024, alleging that the basis for subject matter jurisdiction in this case is diversity of citizenship under 28 U.S.C. 1332. While the Notice of Removal adequately alleges the citizenship of Defendants Luis Lom (TX) and Trisura Specialty Insurance Company (OK/OK) and the requisite amount in controversy, the citizenship allegations for Plaintiff Eddie Edmond and Defendant Arga Xpress, LLC, are not sufficient. The Notice of Removal states that Plaintiff is domiciled in Louisiana, but cites to the Petition for Damages, which only states Plaintiff's residency. See R. Doc. 1, p. 6 and R. Doc. 1-1, p. 1. The United States Fifth Circuit Court of Appeals has consistently held that an allegation of residency alone is insufficient to establish domicile. See MidCap Media Finance, L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 313-14 (5th Cir. 2019). The Notice of Removal also fails to adequately allege the citizenship of Defendant Arga Xpress, LLC. 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 Notice of Removal does not identify the members of Arga Xpress and provide the citizenship of each member, as required. R. Doc. 1, p. 5. Accordingly, IT IS ORDERED that, by no later than March 12, 2024, Defendants shall filed a motion for leave with a comprehensive amended notice of removal that adequately alleges the citizenship of Plaintiff and Defendant Arga Xpress, LLC. The case will be allowed to proceed if subject matter jurisdiction is adequately established. Signed by Magistrate Judge Erin Wilder-Doomes on 3/6/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 3 Corporate Disclosure Statement by Luis Lom, Trisura Specialty Insurance Company identifying Corporate Parent Trisura Specialty Insurance Company, Corporate Parent Arga Xpress, LLC for Luis Lom, Trisura Specialty Insurance Company.. (Gehman, Ney) |
| Filing 2 Certificate of Interested Persons by Luis Lom, Trisura Specialty Insurance Company identifying Affiliate/Interested Person Trisura Specialty Insurance Company, Affiliate/Interested Person Eddie Edmond, Affiliate/Interested Person Luis Lom, Affiliate/Interested Person Arga Xpress, LLC for Luis Lom, Trisura Specialty Insurance Company.. (Gehman, Ney) (Main Document 2 replaced on 3/4/2024) (ELW). Modified on 3/4/2024 to flatten document (ELW). |
| Filing 1 NOTICE OF REMOVAL from 19th Judicial District Court, East Baton Rouge Parish, Case Number 740648. (Filing fee $ 405 receipt number ALAMDC-2721466), filed by Trisura Specialty Insurance Company, Luis Lom. (Attachments: #1 Exhibit A - Petition for Damages, #2 Exhibit B - Amended Petition for Damages, #3 Exhibit C - Email to PA re: Proposed Stipulation, #4 Exhibit D - Email from PA re declination of stipulation, #5 Exhibit E - Email from PA re settlement offer, #6 Attachment Verification, #7 Attachment Certificate of Filing, #8 Attachment List of Pleadings, #9 Exhibit 1 - List of Pleadings, #10 Exhibit 2 - List of Pleadings, #11 Exhibit 3 - List of Pleadings, #12 Exhibit 4 - List of Pleadings, #13 Exhibit 5 - List of Pleadings, #14 Exhibit 6 - List of Pleadings, #15 Attachment List of Parties, #16 Attachment Civil Cover Sheet)(Gehman, Ney) |
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