Smith et al v. Great Divide Insurance Co et al
| Billy "Chuck" Smith, Kimberly Smith and Billy Smith |
| Great Divide Insurance Company, Nautilus Insurance Company, James Harshman, LLC D/B/A Diamond Edge Services, Shane Marshall, Great Divide Insurance Co, Nautilus Insurance Co, James Harshman L L C doing business as Diamond Edge Services, Zurich American National Insurance Co, Fluid Disposal Specilties Inc, Angela Snow and Zurich American Insurance Co |
| 5:2023cv00925 |
| July 12, 2023 |
| US District Court for the Western District of Louisiana |
| Mark L Hornsby |
| David C Joseph |
| Motor Vehicle |
| 28 U.S.C. § 1441 Petition for Removal- Auto Negligence |
| Defendant |
Docket Report
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| Filing 23 REPORT AND RECOMMENDATIONS re #12 MOTION to Remand. It is recommended that Plaintiffs' Motion to Remand (Doc. 12) be granted by remanding this case to the 42nd Judicial District Court, DeSoto Parish, Louisiana, where it was pending as suit number 084148-A. The motion's request for fees and costs related to the removal should be denied. Objections to R&R due by 9/13/2023. Signed by Magistrate Judge Mark L Hornsby on 8/30/2023. (crt,Keller, J) |
| Filing 22 DIVERSITY JURISDICTION DISCLOSURE STATEMENT by Fluid Disposal Specilties Inc, Zurich American Insurance Co. (aty,Rosenzweig, Ira) |
| Filing 21 NOTICE of Diversity Jurisdiction by Great Divide Insurance Co, James Harshman L L C, Shane Marshall, Nautilus Insurance Co (aty,Smith Auld, Renee) |
| Filing 20 DIVERSITY JURISDICTION DISCLOSURE STATEMENT by Billy Smith, Kimberly Smith. (aty,Crotty, Matthew) |
Filing 19
MEMORANDUM ORDER re #8 Notice of Diversity Jurisdiction Disclosure Statement Requirement. No party has complied with the requirement. All parties who have made an appearance are directed to comply with the notice by September 5, 2023. The court notes that the notice of removal alleges the citizenship of James Harshman, LLC in accordance with the rules for the citizenship of a corporation, but the citizenship of an LLC is based on that of its members. The notice previously issued cites authority on this point. Signed by Magistrate Judge Mark L Hornsby on 8/28/2023. (crt,Keller, J)
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| Filing 18 REPLY to Response to Motion re #12 MOTION to Remand MOTION for Attorney Fees filed by Billy Smith, Kimberly Smith. (aty,Crotty, Matthew) |
| Filing 17 MEMORANDUM in Opposition re #12 MOTION to Remand MOTION for Attorney Fees filed by Great Divide Insurance Co, James Harshman L L C, Shane Marshall, Nautilus Insurance Co. (Attachments: #1 Table of Contents, #2 Table of Authorities, #3 Exhibit Declaration of Shane Marshall, #4 Exhibit Declaration of Devin Mangrum)(aty,Smith Auld, Renee) |
| Filing 16 MEMORANDUM in Opposition re #12 MOTION to Remand MOTION for Attorney Fees filed by Fluid Disposal Specilties Inc, Zurich American Insurance Co. (Attachments: #1 Exhibit Police Report)(aty,Rosenzweig, Ira) Modified to correct filer on 8/17/2023 (Thomas, T). |
| Filing 15 CORPORATE DISCLOSURE STATEMENT by Fluid Disposal Specilties Inc, Zurich American Insurance Co identifying Corporate Parent Zurich Holding Coof America, Inc Co, Corporate Parent Zurich Insurance Co Ltd, Corporate Parent Zurich Financial Services Ltd for Zurich American Insurance Co. (aty,Rosenzweig, Ira) Modified to edit text on 8/17/2023 (Thomas, T). |
| Filing 14 ANSWER to Complaint with Jury Demand by Fluid Disposal Specilties Inc, Zurich American Insurance Co.(aty,Rosenzweig, Ira) Modified to correct filer on 8/17/2023 (Thomas, T). |
| Filing 13 NOTICE of Motion Setting regarding: #12 MOTION to Remand MOTION for Attorney Fees. Motions referred to Magistrate Judge Mark L Hornsby. (crt,Thomas, T) |
| Filing 12 MOTION to Remand by Billy Smith, Kimberly Smith. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 8/3/2023. (Attachments: #1 Memorandum in Support, #2 Table of Contents, #3 Table of Legal Authorities, #4 Exhibit A, #5 Exhibit B, #6 Proposed order)(aty,Crotty, Matthew) Modified to remove duplicate text on 8/3/2023 (Thomas, T). Added MOTION for Attorney Fees on 8/3/2023 (Thomas, T). |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by Great Divide Insurance Co, James Harshman L L C, Shane Marshall, Nautilus Insurance Co identifying W R Berkley as corporate parent for Great Divide and nautilus Insurance Co. (aty,Smith Auld, Renee) Modified corporate parents on 7/28/2023 (Chavis, J). |
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Filing 10
MEMORANDUM ORDER: Billy and Kimberly Smith, individually and on behalf of their minor children, filed suit against several defendants in an effort to recover damages associated with an auto accident. If the Smiths contest the assertion that Fluid Disposal and Angela Snow are improperly joined, they must file a motion to remand, supported by a memorandum, by August 11, 2023 and explain why there is a reasonable basis to predict that state law would allow the Smiths to recover against those defendants. Signed by Magistrate Judge Mark L Hornsby on 7/18/2023. (crt,Thomas, T)
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Filing 9
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Mark L Hornsby on 7/18/2023. (crt,Breite, S)
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| Set/Reset Deadlines: Compliance Deadline set for 8/11/2023. (crt,Thomas, T) |
| Filing 8 NOTICE of Diversity Jurisdiction Disclosure Statement Requirement re: #1 Notice of Removal, sent to Renee F Smith Auld on behalf of Great Divide Insurance Co, James Harshman L L C, Shane Marshall, Nautilus Insurance Co. Diversity Jurisdiction Disclosure Statement due by 7/31/2023. (crt,Thomas, T) |
| Filing 7 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal, sent to Renee F Smith Auld on behalf of Great Divide Insurance Co, James Harshman L L C, Shane Marshall, Nautilus Insurance Co. Corporate Disclosure Statement due by 7/31/2023. (crt,Thomas, T) |
| Filing 6 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Mark L Hornsby. Motion Ripe Deadline set for 7/17/2023. (crt,Thomas, T) |
| STATE COURT Service Returned Executed. Fluid Disposal Specilties Inc answer due 7/19/2023; Angela Snow answer due 7/19/2023. ADMINISTRATIVE ENTRY: The PDF images can be found within Attachment #1 of document #1 Notice of Removal. (crt,Thomas, T) |
| CASE Assigned to Judge David C Joseph and Magistrate Judge Mark L Hornsby. (crt,Thomas, T) |
| Filing 5 ANSWER to Complaint with Jury Demand and Affirmative Defenses by Great Divide Insurance Company, James Harshman, LLC D/B/A Diamond Edge Services, Shane Marshall, Nautilus Insurance Company.(aty,Smith Auld, Renee) |
| Filing 4 NOTICE of Notice of Removing Party's Compliance with 28 USC 1447 by Great Divide Insurance Company, James Harshman, LLC D/B/A Diamond Edge Services, Shane Marshall, Nautilus Insurance Company re #1 Notice of Removal,,, (aty,Smith Auld, Renee) |
| Filing 3 NOTICE of Notice and Certificate of Compliance with 28 ISC 1446 by Great Divide Insurance Company, James Harshman, LLC D/B/A Diamond Edge Services, Shane Marshall, Nautilus Insurance Company re #1 Notice of Removal,,, (aty,Smith Auld, Renee) |
| Filing 2 NOTICE of Notice of Removal to Adverse Party and Co-Defendants by Great Divide Insurance Company, James Harshman, LLC D/B/A Diamond Edge Services, Shane Marshall, Nautilus Insurance Company re #1 Notice of Removal,,, (aty,Smith Auld, Renee) |
| Filing 1 NOTICE of Removal from 42nd JDC DeSoto Parish, Case Number 084148 (Filing fee $402, receipt number ALAWDC-5620439) filed by Shane Marshall, Nautilus Insurance Company, Great Divide Insurance Company, James Harshman, LLC D/B/A Diamond Edge Services. (Attachments: #1 Exhibit Ex. 1 DeSoto Parish State Court Record, #2 Exhibit Ex. 2 Declaration of Consent to Remove, #3 Exhibit Ex. 3 Email message, #4 Civil cover sheet Civil Cover Sheet, #5 Certificate of Filing State Court Notice of Removal, #6 Certificate of Filing of State Court Record, #7 Affidavit Verification of Notice of Removal)(Attorney Renee F Smith Auld added to party Great Divide Insurance Company(pty:dft), Attorney Renee F Smith Auld added to party James Harshman, LLC D/B/A Diamond Edge Services(pty:dft), Attorney Renee F Smith Auld added to party Shane Marshall(pty:dft), Attorney Renee F Smith Auld added to party Nautilus Insurance Company(pty:dft))(aty,Smith Auld, Renee) (Attachment 4 modified to nonfillable form and replaced on 7/17/2023) (Thomas, T). Modified on 7/17/2023 (Thomas, T). |
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