Smith v. Beusa Energy Inc et al
| John Wesley Smith |
| Unknown Insurer and Beusa Energy L L C |
| 5:2011cv01269 |
| July 5, 2011 |
| US District Court for the Western District of Louisiana |
| Shreveport Office |
| DeSoto |
| Mark L Hornsby |
| Tom Stagg |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 |
| Defendant |
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Filing
15
MEMORANDUM RULING: Beusa argues that even if FFT is added, the court may ignore its citizenship under the jurisprudence that permits disregard of nominal or formal parties. FFT is alleged to be responsible based on its ownership of and obligation to care for the road where the accident happened. It may have an indemnity agreement with Beusa, or it may have untold insurance, but those additional avenues of recovery do not render FFT a mere nominal party any morethan it does the negligent driver o f a car who happens to be well insured. Accordingly, Plaintiffs 11 Motion For Leave to File Amended Complaint is granted, and this case is remanded to the 42nd Judicial District Court, DeSoto Parish, Louisiana, where it was pending as Case No. 79739. Signed by Magistrate Judge Mark L Hornsby on 4/5/2012. (crt,Putch, A)
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Filing
4
MEMORANDUM ORDER: Beusa Energy, L L C must file an Amended Notice of Removal by July 29, 2011 and allege its citizenship in accordance with the rules set forth in cases such as Burford v. State Line Gathering System, LLC, 2009 WL 2487988 (W.D. La. 2009). Compliance Deadline set for 7/29/2011. Signed by Magistrate Judge Mark L Hornsby on 7/14/2011. (crt,Putch, A)
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