Martinez et al v. KLLM Transport Services, LLC et al
| Barbara Martinez, Julio Pelegrino and Ramon Martinez |
| Christopher Michael Slade and KLLM Transport Services, LLC |
| 3:2024cv00412 |
| May 24, 2024 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Defendant |
Docket Report
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This docket was last retrieved on July 9, 2024. A more recent docket listing may be available from PACER.
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| Filing 20 REPLY in Support of #10 MOTION to Remand to State Court filed by Barbara Martinez, Ramon Martinez, Julio Pelegrino. (NLT) |
Filing 19
ORDER granting #17 MOTION for Leave to File Reply Memorandum in Support of MOTION to Remand filed by Julio Pelegrino, Barbara Martinez, Ramon Martinez. The clerk is directed to file R. Doc. 17-1 into the record. Signed by Magistrate Judge Erin Wilder-Doomes on 7/9/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #17 MOTION for Leave to File Reply memorandum. This motion is now pending before the USMJ. (CIS) |
| Filing 17 MOTION for Leave to File Reply memorandum by All Plaintiffs (Attachments: #1 Exhibit Memorandum In Support of motion for leave to file proposed memorandum, #2 Exhibit Proposed order, #3 Proposed Pleading; Proposed memorandum)(King, Brian) |
| Filing 18 Third AMENDED NOTICE OF REMOVAL, filed by KLLM Transport Services, LLC, Christopher Michael Slade.(NLT) |
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Filing 16
NOTICE AND ORDER: IT IS ORDERED that the #14 Ex Parte/Unopposed Third Motion to Substitute Petition for Removal filed by Defendants KLLM Transport Services, LLC and Christopher Michael Slade is HEREBY GRANTED, as it was filed in accordance with the Court's 13 Order and properly identifies the citizenship of Defendant KLLM Transport Services, LLC, which unwinds to two trusts, which are each comprised of an individual who is both beneficiary and trustee, and are Mississippi citizens diverse from Plaintiffs (FL). Accordingly, the Clerk of Court is directed to docket the Third Amended Petition for Removal at R. Doc. 14-3 into the record of this matter, which shall become the operative amended Petition for Removal. IT IS FURTHER ORDERED that, if Plaintiffs Ramon Martinez, Barbara Martinez, and Julio Pelegrino agree that the Third Amended Petition for Removal resolves the issues raised in Plaintiffs' #10 Motion to Remand to State Court, then on or before July 8, 2024, Plaintiffs shall move to withdraw the Motion to Remand to State Court. Signed by Magistrate Judge Erin Wilder-Doomes on 7/1/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 15 MEMORANDUM in Opposition to #10 MOTION to Remand to State Court filed by KLLM Transport Services, LLC, Christopher Michael Slade. (Truitt, Jack) |
| Filing 14 Third MOTION to Substitute Petition for Removal by KLLM Transport Services, LLC, Christopher Michael Slade (Attachments: #1 Attachment Memorandum in Support, #2 Proposed Pleading; Order, #3 Exhibit Third Amended Petition for Removal)(Truitt, Jack) |
| MOTION(S) REFERRED: #14 Third MOTION to Substitute Petition for Removal . This motion is now pending before the USMJ. (EDC) |
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Filing 13
ORDER: While the unopposed #12 Second Motion to Substitute Petition for Removal, filed by Defendants KLLM Transport Services, LLC and Christopher Michael Slade, attaches a proposed Second Amended Petition for Removal that properly refers to the "members" of its various underlying limited liability companies and generally refers to the citizenship of both the trustees and beneficiaries of the underlying trusts, the proposed Second Amended Petition for Removal is still deficient because it does not identify the trustees and beneficiaries by name. Each member of a limited liability company must be specifically identified, and citizenship alleged as to each. This requires tracing a limited liability company's citizenship through the necessary layers until either a natural person or corporation is reached. Nunez v. ACE Am. Ins. Co., No. 17-1593, 2017 WL 6997341, at *4 (M.D. La. Dec. 28, 2017), report and recommendation adopted, No. 17-1593, 2018 WL 493398 (M.D. La. Jan. 16, 2018). Accordingly, IT IS ORDERED that the #12 Second Motion to Substitute Petition for Removal, filed by Defendants KLLM Transport Services, LLC and Christopher Michael Slade, is DENIED WITHOUT PREJUDICE to re-urging a comprehensive amended Petition for Removal that identifies the name and citizenship of each of the trustees and beneficiaries of the Thomas Milton Duff Amended and Restated Trust and the James Ernest Duff Amended and Restated Trust. Signed by Magistrate Judge Erin Wilder-Doomes on 6/21/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #12 Second MOTION to Substitute Amended Petition for Removal . This motion is now pending before the USMJ. (EDC) |
| Filing 12 Second MOTION to Substitute Amended Petition for Removal by KLLM Transport Services, LLC, Christopher Michael Slade (Attachments: #1 Attachment Memorandum in Support, #2 Proposed Pleading; Order, #3 Exhibit Second Amended Petition for Removal)(Truitt, Jack) |
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Filing 11
ORDER granting #6 Ex Parte Motion to Withdraw and Enroll Additional Counsel. Added Attorney Michael McCarty St. Romain for KLLM Transport Services, LLC and Christopher Michael Slade. Attorney Nancy N Butcher terminated. Signed by Magistrate Judge Erin Wilder-Doomes on 6/13/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 10 MOTION to Remand to State Court by All Plaintiffs (Attachments: #1 Attachment Memorandum In support)(King, Brian) |
| MOTION(S) REFERRED: #6 MOTION to Enroll Additional Counsel Michael "Trey" St. Romain in place of Nancy N. Butcher as Attorney MOTION to Withdraw as Attorney. This motion is now pending before the USMJ. (BLR) |
| MOTION(S) REFERRED: #10 MOTION to Remand to State Court. This motion is now pending before the USMJ. (EDC) |
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Filing 9
ORDER: IT IS ORDERED that the #8 Motion to Substitute Petition for Removal filed by Defendants KLLM Transport Services, LLC and Christopher Michael Slade, is HEREBY GRANTED, as it was filed in compliance with the Court's 4 Order and adequately alleges the citizenship of Defendant KLLM, which unwinds to the Mississippi citizenship of two trustees. Accordingly, the Clerk of Court is directed to substitute the amended Notice of Removal at R. Doc. 8-2 in the place of the original Notice of Removal at R. Doc. 1. Signed by Magistrate Judge Erin Wilder-Doomes on 6/6/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #8 MOTION to Substitute Petition for Removal . This motion is now pending before the USMJ. (EDC) |
| Filing 8 MOTION to Substitute Petition for Removal by KLLM Transport Services, LLC, Christopher Michael Slade (Attachments: #1 Proposed Pleading; Order, #2 Exhibit Amended Petition for Removal)(Truitt, Jack) |
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Filing 7
ORDER denying #5 Ex Parte Motion to Withdraw and Enroll Additional Counsel for failure to comply with Local Rule 83(b)(13). Signed by Magistrate Judge Erin Wilder-Doomes on 6/3/2024. (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 to Withdraw and Enroll Additional Counsel Michael "Trey" St. Romain in place of Nancy N. Butcher as Attorney by KLLM Transport Services, LLC, Christopher Michael Slade (Attachments: #1 Proposed Pleading; Order)(Truitt, Jack). Added MOTION to Withdraw as Attorney on 6/3/2024 to edit text. (EDC). |
| MOTION(S) REFERRED: #5 Ex Parte MOTION to Substitute Michael "Trey" St. Romain in place of Nancy N. Butcher as Attorney . This motion is now pending before the USMJ. (JEG) |
| Filing 5 Ex Parte MOTION to Substitute Michael "Trey" St. Romain in place of Nancy N. Butcher as Attorney by KLLM Transport Services, LLC, Christopher Michael Slade (Attachments: #1 Proposed Pleading; Order)(Truitt, Jack) |
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Filing 4
NOTICE AND ORDER: Defendants KLLM Transport, LLC and Christopher Michael Slade filed their #1 Notice of Removal ("NOR") on May 24, 2024, alleging that the basis for subject matter jurisdiction in this case is diversity of citizenship under 28 U.S.C. 1332. The NOR alleges the amount in controversy is met based on Plaintiffs' response to a pre-removal Request for Admission, admitting that at least two of the plaintiffs (Barbara and Ramon Martinez) have damages exceeding $75,000, and that supplemental jurisdiction exists over the claims of Plaintiff Julio Pelegrino. R. Doc. 1, paras. 12, 16 and R. Doc. 1-7. The Notice of Removal adequately alleges the Florida domicile of Plaintiffs and the Mississippi domicile of Defendant Slade. (R. Doc. 1, paras. 3, 18, 20) However, the NOR does not adequately allege the citizenship of Defendant KLLM Transport, LLC. This Court has previously addressed the deficient pleading of KLLMs citizenship with defense counsel at least twice, most recently in No. 21-131, D. Herta v. Transport Risk Solutions Risk Retention Group, Inc. et al., (M.D. La.), see the briefing Order at R. Doc. 6 on the Herta docket, which defense counsel are ORDERED to review. IT IS FURTHER ORDERED that, by no later than June 4, 2024, Defendants shall file a motion to substitute the Notice of Removal with a comprehensive amended NOR attached that properly alleges the citizenship of all parties. Signed by Magistrate Judge Erin Wilder-Doomes on 5/28/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 3 Certificate of Interested Persons by KLLM Transport Services, LLC, Christopher Michael Slade identifying Corporate Parent KLLM Transport Services, LLC, Affiliate/Interested Person Christopher Michael Slade, Affiliate/Interested Person The Truitt Law Firm for Christopher Michael Slade, KLLM Transport Services, LLC.. (Truitt, Jack) |
| Filing 2 NOTICE OF DEFICIENCY with LR 7.1 as to #1 Notice of Removal. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (JEG) |
| Filing 1 NOTICE OF REMOVAL from 18th Judicial District Court, Case Number 1048793. (Filing fee $ 405 receipt number ALAMDC-2756521), filed by KLLM Transport Services, LLC, Christopher Michael Slade. (Attachments: #1 Civil Cover Sheet, #2 Affidavit Affidavit of Removal, #3 Certificate of Removal, #4 Exhibit A - Petition, #5 Exhibit B - Citation, #6 Exhibit C - Answer, #7 Exhibit D - Responses to Requests for Admissions, #8 Exhibit E - State Record)(Truitt, Jack) (Main Document 1 replaced on 6/7/2024 in accordance with record document 9) (NLT). |
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