Del Rio v. P P T Inc et al
| Carmen Eulalia Hernand Del Rio, Flavio De La Cruz Garcia and Carmen Eulalia Hernandez Del Rio |
| P P T Inc, Clear Blue Specialty Insurance Co and Hallmark Specialty Insurance Co |
| 5:2022cv05260 |
| September 15, 2022 |
| US District Court for the Western District of Louisiana |
| Terry A Doughty |
| Mark L Hornsby |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Petition for Removal |
| Defendant |
Docket Report
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Filing 11
ELECTRONIC ORDER: Defendants have responded to the memorandum order (Doc. #5 ) by filing an amended notice of removal (Doc. #10 ). They clarify that Carmen Hernandez is domiciled in Mexico and is not a citizen of the United States. They assert that the minor child A. Hernandez is domiciled in Mexico, but they do not state whether he is a citizen of the United States. The court will assume for now that the child, like his mother, is not a U.S. citizen, and make a preliminary finding that subject matter jurisdiction exists pursuant to 28 U.S.C. section 1332. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. The defendants are ordered to include in a future filing an express allegation that the minor child is not a U.S. citizen, if that is the case, because a party being a U.S. citizen domiciled abroad would destroy diversity jurisdiction and require remand. Signed by Magistrate Judge Mark L Hornsby on 11/4/2022. (crt,Rider, M)
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| Filing 10 AMENDED Notice of Removal by P P T Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(aty,Bonnaffons, Robert) Modified on 11/3/2022 to modify docket text. (Crick, S). |
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Filing 9
ORDER granting #8 Motion for Extension of Time to Amend re #1 Notice of Removal. P P T Inc is hereby granted an extension of 60 days to file an amended notice of removal and conduct preliminary discovery solely related to plaintiffs' citizenship statuses on or prior to any such date set by the Court. Signed by Magistrate Judge Mark L Hornsby on 10/12/2022. (crt,Keller, J)
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| Filing 8 MOTION for Extension of Time to Amend #1 Notice of Removal,, with consent sought but not yet obtained by P P T Inc. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 10/11/2022. (Attachments: #1 Proposed order, #2 Exhibit 1, #3 Exhibit 2)(aty,Bonnaffons, Robert) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT by P P T Inc. (aty,Bonnaffons, Robert) |
| Filing 6 SECOND NOTICE of Corporate Disclosure Statement Requirement, re: #2 Notice of Corporate Disclosure Statement Requirement, sent to Louis P Bonnaffons on behalf of P P T Inc. Show Cause Response due by 10/20/2022. (crt,Mitchell, P) |
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Filing 5
MEMORANDUM ORDER. Defendants are directed to file an amended notice of removal by October 12, 2022.. Signed by Magistrate Judge Mark L Hornsby on 9/23/2022. (crt,Crick, S)
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Filing 4
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Mark L Hornsby on 9/22/2022. (crt,Keller, J)
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| Filing 3 PROPOSED REMOVAL ORDER. Referred to Magistrate Judge Mark L Hornsby. Motion Ripe Deadline set for 9/20/2022. (crt,Miletello, A) |
| Filing 2 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal sent to Robert L Bonnaffons on behalf of P P T Inc. Corporate Disclosure Statement due by 10/4/2022. (crt,Miletello, A) |
| STATE COURT AMENDED COMPLAINT against Clear Blue Specialty Insurance Co, Hallmark Specialty Insurance Co, P P T Inc (1st JDC, Caddo Parish, #639,199, filed 9/1/2022) filed by Carmen Eulalia Hernandez Del Rio. ADMINISTRATIVE ENTRY: The PDF image can be found in Attachment #1 to Document #1, Notice of Removal.(crt,Miletello, A) |
| CASE Assigned to Judge Terry A Doughty and Magistrate Judge Mark L Hornsby. (crt,Miletello, A) |
| Filing 1 NOTICE of Removal from 1st JDC, Caddo Parish, Case Number 639199, Division B with Jury Demand; (Filing fee $402, receipt number ALAWDC-5277643) filed by PPT, Inc.. (Attachments: #1 Exhibit A - State Court Record, #2 Exhibit B Notice to State Court, #3 Civil cover sheet, #4 Notice to State Court of Filing of Notice of Removal by PPT, #5 Listing Pursuant to 1447 by PPT)(Attorney Robert L Bonnaffons added to party PPT, Inc.(pty:dft))(aty,Bonnaffons, Robert) (Attachment 3 replaced with non-fillable pdf and modified docket text on 9/20/2022) (Miletello, A). |
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