Smith et al v. Mainline Services L L C et al
| Lester Smith and Benjamin Smith |
| Mainline Services, State Auto Mutual Insurance Co and Mark Berndt |
| 5:2023cv00142 |
| February 1, 2023 |
| US District Court for the Western District of Louisiana |
| Mark L Hornsby |
| Donald E Walter |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| Defendant |
Docket Report
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Filing 19
MEMORANDUM ORDER: All requirements of Federal Rules of Civil Procedure 26(f) are hereby waived in this case. The parties are directed to serve their initial disclosures within 30 days and promptly begin any necessary discovery and motion practice. A scheduling order will be issued by the Court in due course. Signed by Judge Donald E Walter on 3/21/2023. (crt,Enkey, R)
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| Filing 18 ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds 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. Signed by Magistrate Judge Mark L Hornsby on 3/20/2023. (crt,Rider, M) |
| Filing 16 AMENDED DIVERSITY JURISDICTION DISCLOSURE STATEMENT by Mainline Services, State Auto Mutual Insurance Co. Amendment to #12 Diversity Jurisdiction Disclosure Statement . (aty,Turnage, John) Modified docket text on 3/13/2023 (Whitener, M). |
| Filing 15 FILED IN ERROR AMENDED DOCUMENT by Mainline Services, State Auto Mutual Insurance Co. Amendment to #12 Diversity Jurisdiction Disclosure Statement . (aty,Turnage, John) Modified to reflect filed in error on 3/13/2023 (Whitener, M). |
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Filing 17
ORDER granting #14 Motion to Amend/Correct #9 Answer to Complaint. Signed by Magistrate Judge Mark L Hornsby on 3/9/2023. (crt,Whitener, M)
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| Filing 14 MOTION to Amend/Correct #9 Answer to Complaint with consent by State Auto Mutual Insurance Co. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 3/8/2023. (Attachments: #1 Proposed order, #2 Proposed Pleading)(aty,Turnage, John) Modified document description on 3/8/2023 (Whitener, M). |
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Filing 13
MEMORANDUM ORDER. State Automobile will need to file, by March 13, 2023, an amended diversity jurisdiction disclosure statement that specifically alleges whether it is a corporation or other form of company. If it is an unincorporated entity, the statement must specifically allege the citizenship of each of its members. Compliance Deadline set for 3/13/2023. Signed by Magistrate Judge Mark L Hornsby on 3/6/2023. (crt,Keller, J)
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| Filing 12 DIVERSITY JURISDICTION DISCLOSURE STATEMENT by Mainline Services, State Auto Mutual Insurance Co, Mark Berndt. (aty,Turnage, John) Modified on 2/27/2023 to add filer (Miletello, A). |
| Filing 11 NOTICE of Diversity Jurisdiction Disclosure Statement Requirement re: #9 Answer to Complaint sent to John C Turnage on behalf of Mainline Services, State Auto Mutual Insurance Co. Diversity Jurisdiction Disclosure Statement due by 2/27/2023. (crt,Whitener, M) |
| Filing 10 RESPONSE TO REMOVAL ORDER by Mark Berndt, Mainline Services, State Auto Mutual Insurance Co . (Attachments: #1 Exhibit)(aty,Turnage, John) |
| Filing 9 ANSWER to Complaint with Jury Demand by Mark Berndt, Mainline Services, State Auto Mutual Insurance Co.(aty,Turnage, John) |
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Filing 8
ORDER granting #7 Motion to Enroll as Co-Counsel. Added as counsel Brandon Trey Morris, Justin Carey Dewett, Elizabeth Ann Hancock, John Allen Davis, Meghan Marie Nolen for Benjamin Smith and Lester Smith. Signed by Magistrate Judge Mark L Hornsby on 2/7/2023. (crt,Keller, J)
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| Filing 7 MOTION for B. Trey Morris, Justin C. Dewett, Elizabeth A. Hancock, John A. Davis, Meghan M. Nolen to Enroll as Counsel by Benjamin Smith, Lester Smith. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 2/7/2023. (Attachments: #1 Proposed order)(aty,Powell, Joshua) |
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Filing 6
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Mark L Hornsby on 2/2/2023. (crt,Keller, J)
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| Filing 5 CORRECTIVE DOCUMENT re #1 Notice of Removal filed by Mark Berndt, Mainline Services, State Auto Mutual Insurance Co. (Attachments: #1 Civil cover sheet, #2 Exhibit A-E)(aty,Turnage, John) Modified docket text on 2/2/2023 (Whitener, M). |
| Filing 4 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Mark L Hornsby. Motion Ripe Deadline set for 2/2/2023. (crt,Whitener, M) |
| STATE COURT Service Returned Executed by Louisiana Long-arm Service on Mainline Services answer due 2/8/2023. ADMINISTRATIVE ENTRY: The pdf image be found in Attachment #2 to Document #1, Notice of Removal. (crt,Whitener, M) |
| STATE COURT Service Returned Executed by Louisiana Long-arm Service on Mark Berndt answer due 2/8/2023. ADMINISTRATIVE ENTRY: The pdf image be found in Attachment #2 to Document #1, Notice of Removal. (crt,Whitener, M) |
| CASE Assigned to Judge Donald E Walter and Magistrate Judge Mark L Hornsby. (crt,Whitener, M) |
| STATE COURT Service Returned Executed. State Auto Mutual Insurance Co answer due 2/8/2023. ADMINISTRATIVE ENTRY: The pdf image can be found in Attachment #2 to Document #1, Notice of Removal. (crt,Whitener, M) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Mainline Services. (aty,Turnage, John) Modified to correct page orientation and to capture pleading correctly on 2/2/2023 (Whitener, M). |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by State Auto Mutual Insurance Co. (aty,Turnage, John) Modified to correct page orientation and to capture pleading correctly on 2/2/2023 (Whitener, M). |
| Filing 1 NOTICE of Removal from 1st JDC, Case Number 641249-A with Jury Demand; (Filing fee $402, receipt number ALAWDC-5443838) filed by Mainline Services, Mark Berndt, State Auto Mutual Insurance Co,. (Attachments: #1 State Court Petition)(Attorney John C Turnage added to party Mark Berndt(pty:selreq), Attorney John C Turnage added to party State Auto Mutual Insurance Co,(pty:selreq), Attorney John C Turnage added to party Mainline Services(pty:selreq))(aty,Turnage, John) (Main Document 1 replaced on 2/2/2023) (Whitener, M). (Attachment 1 replaced on 2/2/2023) (Whitener, M). Modified document description and to correct page orientation on 2/2/2023 (Whitener, M). Modified to reflect Notice of Removal pleading submitted at Doc #5 on 2/2/2023 (Whitener, M). |
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