Fulwiler v. QBE Specialty Insurance Corporation et al
| Cal Fulwiler |
| QBE Specialty Insurance Corporation, EFI Global, Inc. and John Does 1-5 |
| 1:2022cv00256 |
| September 20, 2022 |
| US District Court for the Southern District of Mississippi |
| Halil S Ozerden |
| Bradley W Rath |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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| Document Text |
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TEXT ONLY ORDER granting #9 Motion for Extension of Time to Answer. Defendant QBE Specialty Insurance Corporation's deadline to answer or otherwise respond to the #3 Amended Complaint is now 12/15/2022. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Signed by Magistrate Judge Bradley W. Rath on 11/18/2022 (TS)
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| Filing 10 SUMMONS Returned Executed by Cal Fulwiler. QBE Specialty Insurance Corporation served on 10/27/2022, answer due 11/17/2022. (Anderson, Paul) |
| Filing 9 MOTION for Extension of Time to File Answer re #3 Amended Complaint,, by QBE Specialty Insurance Corporation (Gill, Joseph) |
| Filing 8 NOTICE of Appearance by Joseph W. Gill on behalf of QBE Specialty Insurance Corporation (Gill, Joseph) |
| Filing 7 NOTICE of Appearance by Alison Guider Geter on behalf of EFI Global, Inc. (Geter, Alison) |
| Filing 6 NOTICE of Appearance by Michael Brant Pettis on behalf of EFI Global, Inc. (Pettis, Michael) |
| Filing 5 ANSWER to #3 Amended Complaint,, by EFI Global, Inc..(Pettis, Michael) |
| Filing 4 SUMMONS Returned Executed by Cal Fulwiler. EFI Global, Inc. served on 9/30/2022, answer due 10/21/2022. (Anderson, Paul) |
| Filing 3 AMENDED COMPLAINT against EFI Global, Inc., QBE Specialty Insurance Corporation, filed by Cal Fulwiler. (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - QBE Estimate 2021/11/10, #3 Exhibit C - QBE Estimate 2022/01/21, #4 Exhibit D - EFI Evaluation, #5 Exhibit E - Strike Check Evaluation Summary, #6 Exhibit F - QBE Estimate 2022/03/25, #7 Exhibit G - Property Repair Estimate, #8 Exhibit H - Guest House Repair Estimate, #9 Exhibit I - Moran Report)(Anderson, Paul) |
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TEXT ONLY ORDER requiring Plaintiff to file an Amended Complaint on or before September 28, 2022, to establish federal subject-matter jurisdiction. Plaintiff Fulwiler filed the Complaint #1 , as Son, Next Best Friend, and Attorney in Fact of Delores Murphy in this Court, based upon diversity jurisdiction pursuant to 28 U.S.C. 1332. While the Complaint #1 alleges that "Plaintiff is an adult resident citizen of the State of Mississippi," Compl. #1 at 1, it does not specify whether this allegation of citizenship pertains to Fulwiler or Murphy. For the purposes of establishing diversity jurisdiction, "the legal representative of the estate of a decedent shall be deemed to be a citizen only of the same State as the decedent, and the legal representative of an infant or incompetent shall be deemed to be a citizen only of the same State as the infant or incompetent." 28 U.S.C. 1332(c)(2). Moreover, the Complaint #1 names fictitious Defendants John Does 1-5 without alleging their citizenship, which is insufficient to establish the existence of diversity jurisdiction. See Richard v. Doe, 638 F. App'x 409, 410 (5th Cir. 2016) (holding that the plaintiff "failed to carry his burden of establishing the existence of diversity jurisdiction," where the complaint did not allege the fictitious defendant's citizenship or any facts to indicate that the fictitious defendant's citizenship was diverse). If Plaintiff does not file an Amended Complaint by September 28, 2022, that adequately addresses the parties' citizenship, the Court will sua sponte dismiss this action for lack of subject-matter jurisdiction. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on September 21, 2022. (sa)
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| Filing 2 Summons Issued as to EFI Global, Inc., QBE Specialty Insurance Corporation. (RLW) |
| Filing 1 COMPLAINT, with jury demand, against EFI Global, Inc., John Does 1-5, QBE Specialty Insurance Corporation (Filing fee $402.00, receipt number 4938059), filed by Cal Fulwiler (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - QBE Estimate 2021/11/10, #3 Exhibit C - QBE Estimate 2022/01/21, #4 Exhibit D - EFI Evaluation, #5 Exhibit E - Strike Check Evaluation Summary, #6 Exhibit F - QBE Estimate 2022/03/25, #7 Exhibit G - Property Repair Estimate, #8 Exhibit H - Guest House Repair Estimate, #9 Exhibit I - Moran Report, #10 Civil Cover Sheet) (RLW) |
| Remark: Original issued summonses for service and return were emailed to attorney. (RLW) |
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