Quebedeaux v. Travelers Indemnity Co of America et al
| Albert Quebedeaux |
| The Travelers Indemnity Company of America, Cory Pekarek, Bear Creek Contracting, Inc., Progressive Security Insurance Company, Travelers Indemnity Co of America, Bear Creek Contracting Inc and Progressive Security Insurance Co |
| 6:2021cv04337 |
| December 17, 2021 |
| US District Court for the Western District of Louisiana |
| Patrick J Hanna |
| David C Joseph |
| Michael J Juneau |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 22, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 24 NOTICE of Remand to Clerk of 27th Judicial District Court for St. Landry Parish. (crt,Guidry, C) |
Filing 23
JUDGMENT After an independent review of the record, and noting the absence of any objections, this Court concludes that the Magistrate Judges REPORT AND RECOMMENDATION [Doc. 22] is correct and adopts the findings and conclusions therein as its own. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this action is REMANDED to the 27th Judicial District Court, St. Landry Parish, Louisiana; IT IS FURTHER ORDERED that the Plaintiffs MOTION TO REMAND [Doc. 8] is DENIED AS MOOT; IT IS FURTHER ORDERED that Defendant, Cory Pekareks MOTION TO DISMISS FOR LACK OF INSUFFICIENT SERVICE OF PROCESS [Doc. 11] is DENIED AS MOOT, consistent with the Report and Recommendation. Signed by Judge David C Joseph on 3/22/2022. (crt,Guidry, C)
|
| Filing 22 REPORT AND RECOMMENDATIONS re #11 MOTION for 12(b)(5) Motion for Insufficiency of Service filed by Cory Pekarek, #8 MOTION to Remand filed by Albert Quebedeaux. For the reasons fully explained herein, this Court finds that the court lacks subject-matter jurisdiction, recommends that this matter should be remanded to state court, and further recommends that the pending motions should be denied as moot. Objections to R&R due by 3/21/2022. Signed by Magistrate Judge Patrick J Hanna on 3/7/2022. (crt,Craig-Fontenot, C) |
| Filing 21 RESPONSE Memorandum in Support of Subject Matter Jurisdiction re #19 Sua Sponte Jurisdictional Briefing Order by Bear Creek Contracting Inc, Cory Pekarek, Travelers Indemnity Co of America . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(aty,Reeves, Janice) Modified to add docket entry relationship on 2/15/2022 (Bunting, M). |
| Filing 20 ELECTRONIC MINUTE ENTRY issued by the Clerk. This matter is hereby reassigned. Case reassigned to Judge David C Joseph. 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 19
Sua Sponte Jurisdictional Briefing Order. IT IS ORDERED that, not later than February 15, 2022, the removing defendants shall file a memorandum setting forth specific facts supporting a finding that the plaintiff is diverse in citizenship from the defendants and that the amount in controversy exceeds $75,000. These facts shall 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 plaintiff's submission. Compliance Deadline set for 2/15/2022. Signed by Magistrate Judge Patrick J Hanna on 1/25/2022. (crt,Craig-Fontenot, C)
|
| Filing 18 REPLY to Response to Motion re #8 MOTION to Remand filed by Albert Quebedeaux. (aty,Colomb, Brian) |
| Filing 17 REPLY to Response to Motion re #11 MOTION for 12(b)(5) Motion for Insufficiency of Service filed by Cory Pekarek. (aty,Reeves, Janice) |
| Filing 16 MEMORANDUM in Opposition re #8 MOTION to Remand filed by Bear Creek Contracting Inc, Cory Pekarek, Travelers Indemnity Co of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(aty,Reeves, Janice) |
| Filing 15 ANSWER to Complaint with Jury Demand by Cory Pekarek.(aty,Reeves, Janice) |
| Filing 14 MEMORANDUM in Opposition re #11 MOTION for 12(b)(5) Motion for Insufficiency of Service filed by Albert Quebedeaux. (Attachments: #1 Exhibit, #2 Exhibit)(aty,Colomb, Brian) |
| STATE COURT Service Returned Executed. Progressive Security Insurance Co answer due 12/24/2021. NO PDF ATTACHED - See #13 RESPONSE to Removal Order, attachment #2. (crt,Bunting, M) |
| Filing 13 RESPONSE TO REMOVAL ORDER by Bear Creek Contracting Inc, Travelers Indemnity Co of America . (Attachments: #1 List of State Court Documents, #2 State Court Record)(aty,Reeves, Janice) |
| Filing 12 NOTICE of Motion Setting without oral argument regarding: #11 MOTION for 12(b)(5) Motion for Insufficiency of Service . Motions referred to Magistrate Judge Patrick J Hanna. Motion day set for 3/10/2022 before Magistrate Judge Patrick J Hanna. (crt,Bunting, M) |
| Filing 11 MOTION for 12(b)(5) Motion for Insufficiency of Service by Cory Pekarek. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 1/7/2022. (Attachments: #1 Memorandum / Brief, #2 Exhibit 1, #3 Exhibit 2)(aty,Reeves, Janice) |
| Filing 10 CONSENT TO REMOVAL by Cory Pekarek (Attorney Janice Marie Reeves added to party Cory Pekarek(pty:dft)). (Attachments: #1 Exhibit 1, #2 Exhibit 2)(aty,Reeves, Janice) |
| Filing 9 NOTICE of Motion Setting without oral argument regarding: #8 MOTION to Remand . Motion day set for 3/10/2022 before Magistrate Judge Patrick J Hanna. (crt,Thomas, T) |
| Filing 8 MOTION to Remand by Albert Quebedeaux. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 1/4/2022. (Attachments: #1 Exhibit, #2 Exhibit)(aty,Colomb, Brian) |
| Filing 7 ANSWER to Complaint with Jury Demand by Bear Creek Contracting Inc, Travelers Indemnity Co of America.(aty,Reeves, Janice) |
|
Filing 6
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Patrick J Hanna on 12/21/2021. (crt,Craig-Fontenot, C)
|
| Filing 5 CORPORATE DISCLOSURE STATEMENT by Travelers Indemnity Co of America identifying Corporate Parent Travelers Indemnity Co for Travelers; identifying Corporate Parent Travelers Insurance Groups Holdings Inc for Travelers Indemnity Co; identifying Corporate Parent Travelers Property Casualty Corp for Travelers Indemnity Co; and, identifying Corporate Parent Travelers Companies Inc for Travelers Property Casualty Corp. (aty,Reeves, Janice) Modified to add corporate parent on 12/21/2021 (Bunting, M). |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Bear Creek Contracting Inc. (aty,Reeves, Janice) |
| Filing 3 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Patrick J Hanna. Motion Ripe Deadline set for 12/20/2021. (crt,Bunting, M) |
| Filing 2 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal, sent to Janice Marie Reeves on behalf of Bear Creek Contracting Inc, Travelers Indemnity Co of America. Corporate Disclosure Statement due by 1/3/2022. (crt,Bunting, M) |
| CASE Assigned to Judge Michael J Juneau and Magistrate Judge Patrick J Hanna. (crt,Bunting, M) |
| Filing 1 NOTICE of Removal from 27th JDC, St. Landry Parish, Case Number 21-C-4057 with Jury Demand; (Filing fee $402, receipt number ALAWDC-4932988) filed by Bear Creek Contracting, Inc., The Travelers Indemnity Company of America. (Attachments: #1 Civil cover sheet, #2 Exhibit A - Petition for Damages, #3 Exhibit B - List of All Counsel, #4 Exhibit C - Medical Records (redacted), #5 Exhibit D - Policies, #6 Exhibit E - Police Report, #7 Declaration of Service, #8 Progressive's Consent to Removal)(Attorney Janice Marie Reeves added to party Bear Creek Contracting, Inc.(pty:dft), Attorney Janice Marie Reeves added to party The Travelers Indemnity Company of America(pty:dft))(aty,Reeves, Janice) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Louisiana Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
