Pets Alone Sanctuary of Lincoln County v. Midwest Family Mutual Insurance Company
| Pets Alone Sanctuary of Lincoln County |
| Midwest Family Mutual Insurance Company |
| 4:2022cv00775 |
| July 22, 2022 |
| US District Court for the Eastern District of Missouri |
| Patricia L Cohen |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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| Filing 18 FULL CONSENT has been received by Defendant Midwest Family Mutual Insurance Company, Plaintiff Pets Alone Sanctuary of Lincoln County. (JAB) |
Filing 17
ORDER SETTING RULE 16 CONFERENCE: Pursuant to the Civil Justice Reform Act Expense and Delay Reduction Plan and the Differentiated Case Management Program of the United States District Court of the Eastern District of Missouri: SEE ORDER FOR DETAILS. This case is assigned to Track: 2. (Joint Scheduling Plan due by 10/4/2022. Rule 16 Conference set for 10/11/2022 10:00 AM in Courtroom 9N - St. Louis before Magistrate Judge Patricia L. Cohen. Notice re: Magistrate Judge Jurisdiction due by 9/2/2022.) Signed by Magistrate Judge Patricia L. Cohen on 8/25/2022. (CLT)
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Filing 16
ORDER: This matter is before the Court on Defendant Midwest Family Mutual Insurance Company's amended notice of removal. [ECF No. #15 ] In its order of August 17, 2022, the Court directed Defendant to file an amended notice of removal that sufficiently established this Court's subject matter jurisdiction. [No. #11 ] In particular, the Court directed Defendant to allege its state(s) of citizenship. Federal court diversity jurisdiction of state law claims requires an amount in controversy greater than $75,000 and complete diversity of citizenship of the litigants. OnePoint Solutions, LLC v. Borchert, 486 F.3d 342, 346 (8th Cir. 2007) (citing 28 U.S.C. 1332(a)). The record now establishes that: Plaintiff is a citizen of Missouri; Defendant is a citizen of Iowa; and the amount in controversy exceeds $75,000. The Court therefore finds that it has diversity jurisdiction in this case. Signed by Magistrate Judge Patricia L. Cohen on 8/24/2022. (CLT)
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| Filing 15 NOTICE Amended Notice of Removal of Civil Action: by Defendant Midwest Family Mutual Insurance Company re #1 Notice of Removal Petition, (Hogan, Matthew) |
| Filing 14 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiff Pets Alone Sanctuary of Lincoln County. No corporate parents or affiliates identified. (Smith, Michael) |
| Filing 13 Electronic Notice of Noncompliance - Review of this case shows the Disclosure of Organizational Interests Certificate has not been filed by Plaintiff Pets Alone Sanctuary of Lincoln County. The certificate must be filed with the Court within 5 days # (moed-0001.pdf). (Disclosure of Organizational Interests Certificate due by 8/29/2022.) (CLT) |
| Filing 12 REPLY to Response to Motion re #7 MOTION to Dismiss Case filed by Defendant Midwest Family Mutual Insurance Company. (Hogan, Matthew) |
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Filing 11
ORDER: IT IS HEREBY ORDERED that, no later than August 24, 2022, Defendant shall file an amended notice of removal that sufficiently establishes this Courts subject matter jurisdiction. IT IS FURTHER ORDERED that if Defendant does not timely and fully comply with his Order, this matter will be remanded to the court from which it was removed, for lack of subject of matter jurisdiction. See Fed. R. Civ. P. 12(h)(3). (SEE ORDER FOR DETAILS.) (Amended/Supplemental Pleadings due by 8/24/2022.) Signed by Magistrate Judge Patricia L. Cohen on 8/17/2022. (LNJ)
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| Filing 10 MEMORANDUM in Opposition re #7 MOTION to Dismiss Case filed by Plaintiff Pets Alone Sanctuary of Lincoln County. (Smith, Michael) |
| Filing 9 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Midwest Family Mutual Insurance Company Sent To: State Court - Executed (Hogan, Matthew) |
| Filing 8 MEMORANDUM in Support of Motion re #7 MOTION to Dismiss Case filed by Defendant Midwest Family Mutual Insurance Company. (Hogan, Matthew) |
| Filing 7 MOTION to Dismiss Case by Defendant Midwest Family Mutual Insurance Company. (Hogan, Matthew) |
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Filing 6
Docket Text ORDER: Re: #5 MOTION to Withdraw by Daniel Allmayer and ENTRY of Appearance by Matthew Morris Hogan for Defendant Midwest Family Mutual Insurance Company. (Hogan, Matthew); ORDERED GRANTED. (Attorney Daniel N. Allmayer terminated.) Signed by Magistrate Judge Patricia L. Cohen on 7/26/2022. (LNJ)
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| Filing 5 MOTION to Withdraw by Daniel Allmayer and ENTRY of Appearance by Matthew Morris Hogan for Defendant Midwest Family Mutual Insurance Company. (Hogan, Matthew) (Main Document 5 replaced on 7/26/2022 due to attorney filing error) (LNJ). (Modified docket text and event type on 7/26/2022) (LNJ). |
| Filing 4 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (Potter, Jacob) |
| Case Opening Notification. Judge Assigned: Honorable Patricia L. Cohen. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. and all non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). (JBH) |
| ***REMARK :The Clerk's Office contacted the Defendant's attorney on 7/22/2022 and directed them to file The Notice of Filing Notice of Removal to the Plaintiff. (JBH) |
| Filing 3 Petition (Removal/Transfer) Received From: St. Louis County Circuit Court, filed by Pets Alone Sanctuary of Lincoln County.(JBH) (Main Document 3 replaced on 7/22/2022 to correct PDF error) (JBH). |
| Filing 2 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Midwest Family Mutual Insurance Company. No corporate parents or affiliates identified. (Allmayer, Daniel) |
| Filing 1 NOTICE OF REMOVAL from St. Louis County, case number 22SL-CC02987, with receipt number AMOEDC-9413130, in the amount of $402 Jury Demand,, filed by Midwest Family Mutual Insurance Company. (Attachments: #1 Exhibit Copy of Complete State Court File, #2 Civil Cover Sheet, #3 Original Filing Form)(Allmayer, Daniel) |
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| Plaintiff: Pets Alone Sanctuary of Lincoln County | |
| Represented By: | Michael J. Smith |
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| Defendant: Midwest Family Mutual Insurance Company | |
| Represented By: | Daniel N. Allmayer |
| Represented By: | Matthew Morris Hogan |
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