Jackson v. Action Resources, LLC et al
| William Jackson |
| 123 Insurance Company, Action Resources, LLC, LSB Industries, Inc., El Dorado Chemical Company, NM QLA, N.P., ABC Insurance Company, John Doe and XYZ Insurance Company |
| 3:2024cv00604 |
| July 24, 2024 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Erin Wilder-Doomes |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on September 11, 2024. A more recent docket listing may be available from PACER.
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| Filing 16 NOTICE OF DEFICIENCY with LR 7.1 as to #15 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. (CIS) |
| *** Add Interested Person by William Jackson identifying Affiliate/Interested Person Action Enterprise Holdings, LLC, Affiliate/Interested Person LSB Industries, Inc. for William Jackson. (Wilson, Bonita) |
| Filing 15 Certificate of Interested Persons by William Jackson (Wilson, Bonita) (Main Document 15 replaced on 9/11/2024 to flatten document) (CIS). |
Filing 14
ORDER granting #11 Motion to Enroll Additional Counsel of Record. Added attorney Bonita Wilson for William Jackson. Signed by Magistrate Judge Erin Wilder-Doomes on 9/9/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 13 NOTICE OF DEFICIENCY with LR 7.1 as to #12 Motion to Remand. 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. (CIS) |
| MOTION(S) REFERRED: #11 MOTION to Enroll Bonita Wilson as Additional Attorney, #12 MOTION to Remand. These motions are now pending before the USMJ. (CIS) |
| Filing 12 MOTION to Remand by William Jackson (Attachments: #1 Plaintiff's Memorandum in Support of Motion to Remand)(Wright, Eric) |
| Filing 11 MOTION to Enroll Bonita Wilson as Additional Attorney by William Jackson (Wright, Eric) |
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Filing 10
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 11/7/2024 at 10:30 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 10/24/2024. Signed by Magistrate Judge Erin Wilder-Doomes on 9/4/2024. (BLR)
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Filing 9
ORDER the #8 Motion for Leave to File Revised Notice of Removal is denied without prejudice for failure to adequately allege the citizenship of all parties. On or before September 3, 2024, Defendant NM QLA, L.P. shall file a motion for leave to file an amended notice of removal. Alternatively, by no later than September 3, 2024, NM QLA may move to withdraw its Notice of Removal if it agrees that it cannot establish subject matter jurisdiction. Signed by Magistrate Judge Erin Wilder-Doomes on 08/27/2024. (CIS)
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| MOTION(S) REFERRED: #8 MOTION for Leave to File Revised Notice of Removal. This motion is now pending before the USMJ. (CIS) |
| Filing 8 MOTION for Leave to File Revised Notice of Removal by NM QLA, N.P. (Attachments: #1 Proposed Order, #2 Proposed Pleading; Revised Notice of Removal)(Green, Matthew) |
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Filing 7
NOTICE AND ORDER: The #6 Motion for Leave to File Amended Notice of Removal, filed by Defendant NM QLA, L.P. in response to the Court's 4 Order, is deficient. The [6-1] proposed Amended Notice of Removal ("Amended NOR") contains deficient pleading allegations. At p. 2, the Amended NOR refers to "Capital Fund III Holdings, LP," an entity not otherwise identified in the Amended NOR. Furthermore, in several allegations, the Amended NOR alleges that limited liability companies are "owned by" other entities (see, e.g. R. Doc. 6-1, pp. 2-5); however, the owners of the LLC are not necessarily the LLC's members, and membership is what is required to be alleged, as explained in the 4 Notice and Order. Additionally, the Amended NOR is not comprehensive as ordered, which is necessary to avoid confusion. Accordingly, the #6 Motion for Leave to File Amended Notice of Removal is DENIED WITHOUT PREJUDICE to Defendant NM QLA, L.P. re-urging a motion for leave by no later than August 13, 2024, which attaches a comprehensive, amended Notice of Removal that contains all of Defendant's numbered allegations, as revised, supplemented and/or amended and that corrects the pleading deficiencies noted above. Signed by Magistrate Judge Erin Wilder-Doomes on 8/6/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 6 MOTION for Leave to File Amended Notice of Removal by NM QLA, N.P. (Attachments: #1 Proposed Pleading; Amended Notice of Removal, #2 Proposed Order)(Green, Matthew) |
| MOTION(S) REFERRED: #6 MOTION for Leave to File Amended Notice of Removal. This motion is now pending before the USMJ. (CIS) |
| Filing 5 Certificate of Interested Persons by NM QLA, N.P. identifying Corporate Parent NM QLA, L.P., Corporate Parent NM QLA GP, LLC, Corporate Parent NM Net Lease Partners Corporation, Corporate Parent New Mountain Finance Advisers BDC, LLC, Corporate Parent New Mountain Net Lease Partners, L.P., Corporate Parent New Mountain Net Lease GP, LLC, Affiliate/Interested Person Peter E. Kaplan, Jr., Affiliate/Interested Person Steven Klinsky for NM QLA, N.P. (Dill, James) (Main Document 5 replaced on 7/26/2024 to flatten document) (CIS) |
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Filing 4
NOTICE AND ORDER: Defendant NM QLA, L.P. filed its Petition for Removal on July 24, 2024 alleging this Court has diversity subject matter jurisdiction. (R. Doc. 1, para. XIX) The removal petition adequately alleges that the amount in controversy exceeds $75,000, exclusive of interest and costs. Plaintiff claims he was transported to the emergency room, was admitted to the hospital for several days following inhalation of nitric acid, and suffers from permanent related injuries. The removal petition also adequately alleges the Louisiana citizenship of Plaintiff, William A. Jackson; the citizenship of Defendant LSB Industries, Inc., a Delaware corporation with its principal place of business in Oklahoma; and the citizenship of Defendant El Dorado Chemical Company, an Oklahoma corporation with its principal place of business in Arkansas. However, NM's own citizenship and that of Defendant Action Resources, LLC has not been properly alleged. The citizenship of a partnership and a limited liability company are determined by the citizenship of all their members, not managers, and/or all their partners, each of which must be specifically identified. 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); Mullins v. Testamerica Inc., 300 F. App'x 259 (5th Cir. 2008) (" the citizenship of a limited partnership is that of all its partners, general and limited"); and Mullins v. TestAmerica, Inc., 564 F.3d 386, 397 (5th Cir. 2009) (noting that, after applying the appropriate tests for citizenship to the underlying individuals and entities comprising 1 general and 31 limited partnerships, citizenship must be traced down the various organizational layers). Accordingly, IT IS ORDERED that by no later than August 1, 2024, Defendant NM QLA, L.P. shall file a motion for leave, with a comprehensive amended Notice of Removal attached, that properly alleges the citizenship of all parties. Signed by Magistrate Judge Erin Wilder-Doomes on 7/25/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 3 Letter to Attorney Daryl Andre` Gray regarding James Jimmy Harris who is Co-Counsel for party William Jackson. Attorney is not admitted to practice in LAMD. (CIS) |
| 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. (CIS) |
| Filing 1 NOTICE OF REMOVAL from 18th JDC Iberville Parish, Case Number 83398. (Filing fee $ 405 receipt number ALAMDC-2782339), filed by NM QLA, N.P.. (Attachments: #1 Exhibit A - State Court Record, #2 Attachment Civil Cover Sheet, #3 Affidavit Verification)(Dill, James) |
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