Arvie v. Big West Building Service L L C et al
| Pamela Arvie |
| Big West Building Services, LLC, Maureen Karth, ABC Insurance Company, XYZ Insurance Company, Big West Building Services L L C, A B C Insurance Co and X Y Z Insurance Co |
| 6:2021cv04253 |
| December 10, 2021 |
| US District Court for the Western District of Louisiana |
| Patrick J Hanna |
| S Maurice Hicks |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| None |
Docket Report
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| Filing 29 NOTICE of Remand to Clerk of 15th Judicial District Court for Lafayette Parish. (crt,Keifer, K) |
| Filing 28 ISSUED IN ERROR NOTICE of Remand to Clerk of 15th Judicial District Court for Acadia Parish. (crt,McDonnell, D) Modified on 5/4/2022 to reflect issued in error (Keifer, K). |
| Filing 27 JUDGMENT adopting #23 Report and Recommendations, remanding this matter to the 15th Judicial District Court, Lafayette Parish, Louisiana, for lack of subject matter jurisdiction. Signed by Chief Judge S Maurice Hicks, Jr on 3/24/2022. (crt,McDonnell, D) |
| Filing 26 RESPONSE TO OBJECTION to #23 Report and Recommendations by Pamela Arvie. (aty,Laborde, David) |
Filing 25
ORDER granting #22 Motion to Enroll as Counsel. Added as counsel David C Laborde, Jr for Pamela Arvie. Signed by Magistrate Judge Patrick J Hanna on 3/14/2022. (crt,Miletello, A)
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| Filing 24 OBJECTION to #23 Report and Recommendations by Big West Building Services L L C, Maureen Karth. Response to Objection to R&R due by 3/18/2022 (aty,Tucker, Ryan) |
| Filing 22 MOTION for David C. Laborde, Jr. to Enroll as Counsel by Pamela Arvie. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 2/22/2022. (Attachments: #1 Proposed order Proposed Order)(aty,Laborde, David) |
| Filing 23 REPORT AND RECOMMENDATIONS. The amount in controversy in this lawsuit is less than the jurisdictional minimum. Consequently, the court lacks subject-matter jurisdiction. Accordingly, IT IS RECOMMENDED that this matter should be remanded to the 15th Judicial District Court, Lafayette Parish, Louisiana. Objections to R&R due by 3/4/2022. Signed by Magistrate Judge Patrick J Hanna on 2/18/2022. (crt,Craig-Fontenot, C) |
| Filing 21 FIRST AMENDED COMPLAINT against A B C Insurance Co, Big West Building Services L L C, Maureen Karth, X Y Z Insurance Co filed by Pamela Arvie.(crt,Taylor, L) |
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Filing 20
ORDER granting #19 MOTION to Amend/Correct Complaint with consent. Signed by Magistrate Judge Patrick J Hanna on 2/17/2022. (crt,Taylor, L)
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| Filing 19 MOTION to Amend/Correct Complaint with consent filed by Pamela Arvie. (Attachments: #1 Proposed First Amended Complaint, #2 Proposed order)(aty,Laborde, David) Modified to correct event type and edit docket text on 2/15/2022 (Thomas, T). |
| Motions Transferred regarding #19 Motion to Amend/Correct Complaint with consent. Set/Reset Deadlines as to #19 Motion to Amend/Correct Complaint with consent. (Motion Ripe Deadline set for 2/15/2022.) Motions referred to Magistrate Judge Patrick J Hanna. (crt,Thomas, T) |
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Filing 18
ORDER granting #17 Motion for Extension. IT IS HEREBY ORDERED that said Motion is GRANTED, and the Defendants shall be allowed an additional forty-five (45) days within which to respond to the Court's January 25, 2022 Sua Sponte Jurisdictional Briefing Order (R. Doc. 14). Signed by Magistrate Judge Patrick J Hanna on 2/10/2022. (crt,Thomas, T)
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| Filing 17 MOTION for Extension of Time to Respond to Sua Sponte Jurisdictional Briefing Order with consent by Big West Building Services L L C, Maureen Karth. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 2/9/2022. (Attachments: #1 Proposed order)(aty,Tucker, Ryan) |
| Filing 16 ELECTRONIC MINUTE ENTRY issued by the Clerk. This matter is hereby reassigned. Case reassigned to Chief Judge S Maurice Hicks, Jr. Judge Michael J Juneau no longer assigned to case. All future filings should bear the name of the new judge assignment. Approved by Chief Judge S Maurice Hicks, Jr on 2/1/2022. (crt,Reeves, T) |
| Filing 15 REPLY to Response to Motion re #5 MOTION to Dismiss For Failure to State a Claim filed by Big West Building Services L L C, Maureen Karth. (aty,Belleau, Ashley) |
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Filing 14
SUA SPONTE JURISDICTIONAL BRIEFING ORDER. IT IS ORDERED that, not later than February 14, 2022, the removing defendants shall file a memorandum setting forth specific facts establishing that the amount in controversy exceeds $75,000. These facts should be supported with summary-judgment-type evidence. The parties shall cooperate in gathering the necessary information, and jurisdictional discovery may be propounded but is not required. The plaintiff will be allowed seven days to respond to the defendants' submission. Compliance Deadline set for 2/14/2022. Signed by Magistrate Judge Patrick J Hanna on 1/25/2022. (crt,Craig-Fontenot, C)
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| Filing 13 EXHIBIT 1 re #5 MOTION to Dismiss For Failure to State a Claim by Big West Building Services L L C, Maureen Karth. (crt,Thomas, T) |
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Filing 12
ORDER granting #11 Motion for Leave to File Supplement Exhibit. Signed by Magistrate Judge Patrick J Hanna on 1/25/2022. (crt,Thomas, T)
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| Filing 11 MOTION for Leave to File Supplement Exhibit to Motion to Dismiss with consent by Big West Building Services L L C, Maureen Karth. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 1/24/2022. (Attachments: #1 Proposed order, #2 Proposed exhibit 1)(aty,Tucker, Ryan) |
| Filing 10 MEMORANDUM in Opposition to #5 Defendants' Rule 12(B)(6) Motion to Dismiss filed by Pamela Arvie . (aty,Laborde, David) Modified on 1/21/2022 to edit text and add document relation (Jones, P). |
| Filing 9 FILED IN ERROR - CORRECTIVE DOCUMENT entitled Memorandum in Opposition to Defendants' Rule 12(B)(6) Motion to Dismiss filed by Pamela Arvie regarding #7 Memorandum in Opposition to Motion . (aty,Laborde, David) Modified on 1/21/2022 to indicate filed in error (Jones, P). |
| Filing 8 NOTICE of Deficiency to David C Laborde on behalf of Pamela Arvie regarding #7 Memorandum in Opposition to Motion. Reason: not on letter-size paper. (crt,Reeves, T) |
| Filing 7 DEFICIENT MEMORANDUM in Opposition re #5 MOTION to Dismiss For Failure to State a Claim filed by Pamela Arvie. (aty,Laborde, David) Modified to indicate deficient status since not on letter-size paper on 1/20/2022 (Reeves, T). Modified on 1/21/2022 to indicate refiled in its entirety as Document #10 (Jones, P). |
| Filing 6 NOTICE of Motion Setting without oral argument regarding: #5 MOTION to Dismiss For Failure to State a Claim. Motions referred to Magistrate Judge Patrick J Hanna. Motion day set for 2/10/2022 before Magistrate Judge Patrick J Hanna. (crt,Miletello, A) |
| Filing 5 MOTION to Dismiss For Failure to State a Claim by Big West Building Services L L C, Maureen Karth. Motions referred to Patrick J Hanna. (Attachments: #1 Memorandum / Brief, #2 Verification, #3 Verification)(aty,Belleau, Ashley) |
| Filing 4 AFFIDAVIT of Service for Notice of Removal and Notice of Filing of Notice of Removal served on Pamela Arvie on 12/13/21, filed by Big West Building Services L L C, Maureen Karth. (Attachments: #1 Exhibit, #2 Exhibit)(aty,Tucker, Ryan) |
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Filing 3
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Patrick J Hanna on 12/14/2021. (crt,Craig-Fontenot, C)
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| Filing 2 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Patrick J Hanna. Motion Ripe Deadline set for 12/13/2021. (crt,Thomas, T) |
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ORDER granting Motion for Extension of Time to Answer. Signed 12/3/2021 in the 15th Judicial District Court. Maureen Karth and Big West Building Services L L C answer due 12/30/2021. ADMINISTRATIVE ENTRY: The PDF image can be found within Attachment #6 of document #1 Notice of Removal. (crt,Thomas, T)
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| CORPORATE DISCLOSURE STATEMENT by Big West Building Services L L C. ADMINISTRATIVE ENTRY: The PDF image can be found within Attachment #8 of document #1 Notice of Removal. (crt,Thomas, T) |
| CASE Assigned to Judge Michael J Juneau and Magistrate Judge Patrick J Hanna. (crt,Thomas, T) |
| Filing 1 NOTICE of Removal from 15th JDC Lafayette Parish, Case Number C-2021-4927 (Filing Fee $402, receipt number ALAWDC-4924652) filed by Maureen Karth, Big West Building Services, LLC. (Attachments: #1 Civil cover sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Certificate regarding State Court Record, #7 List of filings in State Court Record, #8 Corporate Disclosure Statement, #9 List of Parties and Counsel)(Attorney Ashley L Belleau added to party Big West Building Services, LLC(pty:dft), Attorney Ashley L Belleau added to party Maureen Karth(pty:dft))(aty,Belleau, Ashley) Modified to add payment information on 12/13/2021 (Thomas, T). |
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