Emilio Estrada Benitez, et al. v. Maust Trucking, et al.
| Emilio Estrada Benitez, Bryan Estrada Laguer, Kethziel Sevilla Medina and Kelvin Melendez Serrano |
| Maust Trucking, Inc., Todd Shaffer, Alexis Espiritu, Jenibel Paray, State Farm Mutual Automobile Insurance Company and John/Jane Doe |
| 5:2023cv01883 |
| September 27, 2023 |
| US District Court for the Northern District of Ohio |
| Benita Y Pearson |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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Filing 7
Acknowledgment of receipt of #6 Order of Remand received on 11/13/2023 by the Portage County Court of Common Pleas. (D,Ju)
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Filing 6
Order of Remand This Court, having filed its Memorandum of Opinion and Order, hereby remands the case to the Portage County, Ohio Court of Common Pleas, the state court from which it was removed. A certified copy of this Order of Remand shall be mailed by the Clerk of the United States District Court for the Northern District of Ohio to the Clerk of the Portage County, Ohio Court of Common Pleas. Judge Benita Y. Pearson on 10/30/2023. (JLG)
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Filing 5
Memorandum of Opinion and Order Without regard to whether the parties may have stated otherwise valid claims for relief, it is clear the Court lacks subject matter jurisdiction over this matter. The inclusion of State Farm is a violation of the complete diversity rule since Plaintiffs are co-citizens of State Farm. Accordingly, the within matter will be remanded to the state court from which it was removed because complete diversity is lacking. Judge Benita Y. Pearson on 10/30/2023. (JLG)
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Remark: Certified copy of order of remand and docket sheet mailed to Portage County Court of Common Pleas with acknowledgement of receipt enclosed. (G,M)
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Filing 4
Joint Answer to Complaint with Jury Demand (Related Doc #1 ) filed by Maust Trucking, Inc., Todd Shaffer. (Pappalardo, Joseph)
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Notice to Attorney April Proctor Hanlin. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
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Notice to Attorney Nadia L. Haile. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
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Filing 3
Magistrate Consent Form issued. (R,AP)
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Filing 2
Corporate Disclosure Statement filed by Maust Trucking, Inc. and Todd Shaffer. (Nunez Sanchez, Andy)
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Filing 1
Notice of Removal from Portage County Court of Common Pleas, case number 2023CV00033 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-12201109. Filed by Todd Shaffer, Maust Trucking. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Docket, #3 Civil Cover Sheet, #4 Supplemental Civil Cover Sheet). (Nunez Sanchez, Andy)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (R,AP)
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Judge Benita Y. Pearson assigned to case. (R,AP)
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