Desir v. The Travelers Personal Security Insurance Company
| Leonard Desir |
| The Travelers Personal Security Insurance Company |
| 4:2020cv40145 |
| November 19, 2020 |
| US District Court for the District of Massachusetts |
| Timothy S Hillman |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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| Document Text |
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| Filing 8 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying #7 Motion to Remand. Defendant, Travelers Personal Security Insurance Company, has removed this matter to this Court under 28 U.S.C. 1332 (complete diversity of citizenship and the amount in controversy exceeds $75,000). Plaintiffs complaint alleges claims for breach of contract, breach of the covenant of good faith and fair dealing and violation of Mass.Gen.L. ch. 93A. He seeks contract damages in the amount of $50,000, which, pursuant to Chapter 93A, could potentially be doubled or trebled and result in an award of attorneys fees. Travelers has easily met its burden to show with a reasonable probability that $75,000 is at stake. See Amoche v. Guar. Trust Life Ins. Co., 556 F.3d 41, 48 (1st Cir. 2009). Therefore, Plaintiffs motion to remand (Docket No. 7) is denied. (Jones, Sherry) |
| Filing 7 MOTION to Remand by Leonard Desir. (Attachments: #1 Memorandum of Law, #2 Exhibit A, #3 Doc 1 Notice of Removal)(Brown, Duane) |
| Filing 6 Notice of correction to docket made by Court staff. Correction: Entry #5, emailed counsel and directed him to refile, this should have been entered as a motion for remand and a memorandum in support and to entered them as two separate entries. (Jones, Sherry) |
| Filing 5 NOTICE OF REMOVAL by Leonard Desir ( Filing fee: $ 402, receipt number 0101-8560936 Fee Status: Filing Fee paid) (Attachments: #1 Memorandum of Law, #2 Exhibit Exhibit A, #3 Civil Cover Sheet, #4 Category Form, #5 Doc 1 Notice of Removal)(Brown, Duane) |
| Filing 4 ANSWER to Complaint with Jury Demand by The Travelers Personal Security Insurance Company.(Reid, Meg) |
| Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by Email. (Jones, Sherry) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. District Judge Timothy S. Hillman assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge David H. Hennessy. (Jones, Sherry) |
| Filing 1 NOTICE OF REMOVAL by The Travelers Personal Security Insurance Company ( Filing fee: $ 400, receipt number 0101-8517693 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A-State Complaint, #2 Civil Cover Sheet, #3 Category Form)(Reid, Meg) |
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| Defendant: The Travelers Personal Security Insurance Company | |
| Represented By: | Meg R. Reid |
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| Plaintiff: Leonard Desir | |
| Represented By: | Duane Brown |
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