Dukes v. State Farm Mutual Automobile Insurance Company
| Louisiana Middle District Court | |
| Judge: | John W Degravelles |
| Referred: | Erin Wilder-Doomes |
| Case #: | 3:24-cv-00580 |
| Nature of Suit | 350 Torts - Personal Injury - Motor Vehicle |
| Cause | 28:1446 Notice of Removal |
| Case Filed: | Jul 18, 2024 |
| Case in other court: | 19th JDC - East Baton Rouge Parish, 749592 |
| Last checked: Sunday Sep 01, 2024 4:30 AM CDT |
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Defendant
State Farm Mutual Automobile Insurance Company
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Represented By
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Plaintiff
Penny Dukes
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Represented By
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| Docket last updated: 09/30/2024 11:59 PM CDT |
| Thursday, August 29, 2024 | ||
| 16 | 16
answer
Answer to Complaint
Thu 08/29 3:22 PM
ANSWER to Complaint with Jury Demand Ans to Doc #2-8 - State Petition by State Farm Mutual Automobile Insurance Company.(Messina, Joseph) |
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| Wednesday, August 28, 2024 | ||
| 15 | 15
order
90 Day Conference Order
Wed 08/28 3:36 PM
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 10/24/2024 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 10/10/2024. Signed by Magistrate Judge Erin Wilder-Doomes on 8/28/2024. (BLR) |
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| Thursday, August 08, 2024 | ||
| 14 | 14
cmp
Amended Notice of Removal
Fri 08/09 3:21 PM
AMENDED NOTICE OF REMOVAL against Penny Dukes, filed by State Farm Mutual Automobile Insurance Company.(NLT) Modified on 8/9/2024 to edit the file date (NLT) |
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Att: 1
Exhibit A - Police Report,
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Att: 2
Exhibit B - State Farm Declarations Page,
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Att: 3
Exhibit C - Zachary Spine and Sports Rehab bills and records,
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Att: 4
Exhibit D - Dr. Ronald Sylvest bills and records,
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Att: 5
Exhibit E - Baton Rouge Outpatient Fluoroscopic Services bills,
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Att: 6
Exhibit F - Spine Diagnostic and Pain Treatment Center bills and records,
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Att: 7
Exhibit G - Central Imaging Center records,
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Att: 8
Exhibit H - Petition for Damages
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order
Order on Motion for Leave to File
Thu 08/08 10:30 AM
ORDER: IT IS ORDERED that the12 Motion for Leave to File Amended Notice of Removal filed by Defendant State Farm Mutual Automobile Insurance Company is HEREBY GRANTED, as it was filed in accordance with the Court's 8 Order and properly identifies the citizenship of all parties. Accordingly, the Clerk of Court is directed to docket the Amended Notice of Removal at R. Doc. 12-2, and exhibits attached thereto at R. Doc. 12-3 to 12-10, into the record of this matter, which shall become the operative amended Notice of Removal. Signed by Magistrate Judge Erin Wilder-Doomes on 8/8/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
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| Wednesday, August 07, 2024 | ||
| 12 | 12
motion
Leave to File Document
Wed 08/07 12:40 PM
MOTION for Leave to File Amended Notice of Removal by State Farm Mutual Automobile Insurance Company(Messina, Joseph) |
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Att: 1
Proposed Order,
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Att: 2
Amended Notice of Removal,
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Att: 3
Exhibit A - Police Report,
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Att: 4
Exhibit B - State Farm Declarations Page,
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Att: 5
Exhibit C - Zachary Spine and Sports Rehab bills and records,
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Att: 6
Exhibit D - Dr. Ronald Sylvest bills and records,
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Att: 7
Exhibit E - Baton Rouge Outpatient Fluoroscopic Services bills,
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Att: 8
Exhibit F - Spine Diagnostic and Pain Treatment Center bills and records,
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Att: 9
Exhibit G - Central Imaging Center records,
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Att: 10
Exhibit H - Petition for Damages
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utility
Motion(s) Referred
Wed 08/07 4:42 PM
MOTION(S) REFERRED:12 MOTION for Leave to File Amended Notice of Removal . This motion is now pending before the USMJ. (JEG) |
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| Thursday, August 01, 2024 | ||
| 11 | 11
misc
Exhibits to Document
Thu 08/01 5:40 PM
Exhibit(s) to9 MEMORANDUM in Support by State Farm Mutual Automobile Insurance Company.(Messina, Joseph) |
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Att: 1
Ex. A - Zachary Spine and Sports Rehab bills and records,
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Att: 2
Ex. B - Dr. Ronald Sylvest bills and records,
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Att: 3
Ex. C - Baton Rouge Outpatient Fluoroscopic Services bills,
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Att: 4
Ex. D - Spine Diagnostic and Pain Treatment Center bills and records,
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Att: 5
Ex. E - Central Imaging Center records,
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Att: 6
Ex. F - State Farm Declarations Page,
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Att: 7
Ex. G - Petition for Damages
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| 9 | 9
6
pgs
respoth
Memorandum in Support (Not to be Used with a Motion)
Thu 08/01 4:28 PM
MEMORANDUM in Support of Amount in Controversy filed by State Farm Mutual Automobile Insurance Company.(Messina, Joseph) |
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Att: 1
A,
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Att: 2
B,
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Att: 3
C,
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Att: 4
D,
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Att: 5
E,
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Att: 6
F,
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Att: 7
G
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notice
Notice of Deficiency with Administrative Procedures III(A)(1)
Thu 08/01 4:38 PM
Notice of Deficiency with Administrative Procedure III(A)(1) as to9 MEMORANDUM in Support. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo) . REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. Each exhibit MUST include a description (e.g., Ex.1 Plaintiff Depo). (JEG) |
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| Wednesday, July 31, 2024 | ||
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order
Order
Wed 07/31 12:35 PM
ORDER: The allegations in the1 Notice of Removal rely on the state court Petition regarding the citizenship of Plaintiff Penny Dukes, however, the Petition does not adequately allege Plaintiff's citizenship because it only states Plaintiff's residency. See R. Doc. 1, para. 10 citing R. Doc. 6-1, p. 4, intro. para. While the Fifth Circuit has noted that "the place of residence is prima facie the domicile," it has clearly held that "[c]itizenship requires not only '[r]esidence in fact' but also 'the purpose to make the place of residence ones home,'" and therefore residency allegations, standing alone, do not satisfy the requirement of an allegation of citizenship. MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 313-14 (5th Cir. 2019) (citations omitted). Accordingly, IT IS ORDERED that, by no later than August 7, 2024 Defendant State Farm Mutual Automobile Insurance Company shall file a motion for leave, with a comprehensive amended Notice of Removal attached, that properly alleges the citizenship of all parties, in addition to the amount in controversy filings required by the Order in the Court's 5 Notice and Order. Signed by Magistrate Judge Erin Wilder-Doomes on 7/31/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) |
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| Thursday, July 25, 2024 | ||
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utility
Motion(s) Referred
Thu 07/25 8:59 AM
MOTION(S) REFERRED:6 MOTION for Leave to File Supplement to Notice of Removal . This motion is now pending before the USMJ. (JEG) |
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order
Order on Motion for Leave to File
Thu 07/25 10:17 AM
ORDER granting6 MOTION for Leave to Supplement Notice of Removal, filed by Defendant State Farm Mutual Automobile Insurance Company. The Motion was filed in response to the Court's 5 Notice and Order. The Clerk of Court is instructed to docket the [6-1] state court record as an additional exhibit to the1 Notice of Removal. Signed by Magistrate Judge Erin Wilder-Doomes on 07/25/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD) |
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| Wednesday, July 24, 2024 | ||
| 6 | 6
motion
Leave to File Document
Wed 07/24 3:57 PM
MOTION for Leave to File Supplement to Notice of Removal by All Defendants(Messina, Joseph) |
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Att: 1
Attachment State Court Record,
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Att: 2
Proposed Pleading; Order
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| Friday, July 19, 2024 | ||
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order
Order
Fri 07/19 4:40 PM
NOTICE AND ORDER: Defendant State Farm Mutual Automobile Insurance Company filed its1 Notice of Removal ("NOR") on July 18, 2024 alleging this Court has diversity subject matter jurisdiction. The allegations in the Notice of Removal rely on the state court Petition regarding the citizenship of Plaintiff Penny Dukes and the amount in controversy ("AIC"); however, the state court pleadings were not attached; therefore, the Court cannot determine if subject matter jurisdiction has been established. Accordingly, IT IS ORDERED that, by no later than July 24, 2024, Defendant shall file a Motion for Leave to Supplement the NOR with the state court pleadings. Furthermore, boilerplate allegations of damages alone, such as those relied on by Defendant (R. Doc. 1, para. 2), are insufficient to adequately allege the requisite AIC. Defendant also relies on the Petition's purported allegation that "Plaintiff claims the tortfeasor is underinsured and that the quantum value of her claim exceeds the limits of the underlying liability policy of the alleged tortfeasor, as well as the limits of the primary UM carrier. Plaintiff further has alleged entitlement to statutory penalties and attorneys fees as against State Farm." (R. Doc.. 1, para. 14) However, there is no indication of the amount of the limits of the two referenced policies, which information is necessary to evaluate whether the AIC is met. Accordingly, IT IS FURTHER ORDERED that Defendant shall review the Court's Notice of Requirements for Diversity Jurisdiction, which can be found on the Court's website at https://www.lamd.uscourts.gov/content/magistrate-judge-erin-wilder-doomes. If Defendant can correct the deficient jurisdictional allegations (28 U.S.C. 1653), by no later than August 2, 2024, Defendant shall file a memorandum and supporting evidence of AIC, specifically attaching supporting evidence of Plaintiff's damages. Defendant shall include a certification that counsel has reviewed the Notice of Jurisdiction and all applicable cases cited regarding the pleading of the AIC in cases asserting personal injury and insurance. By no later than August 16, 2024, Plaintiff shall file a Motion to Remand, if Plaintiff contends Defendant has not met its burden to establish subject matter jurisdiction. Signed by Magistrate Judge Erin Wilder-Doomes on 7/19/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) |
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| Thursday, July 18, 2024 | ||
| 4 | 4
notice
Certificate of Interested Persons
Thu 07/18 4:04 PM
Certificate of Interested Persons by State Farm Mutual Automobile Insurance Company identifying Corporate Parent State Farm Mutual Automobile Insurance Company, Affiliate/Interested Person Penny Dukes, Affiliate/Interested Person Michael C. Davis, Affiliate/Interested Person Joseph M. Messina for State Farm Mutual Automobile Insurance Company.. (Messina, Joseph) |
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| 3 | 3 NOTICE OF DEFICIENCY with LR 7.1 as to1 Notice of Removal. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (EDC) | |
| 2 | 2
notice
Corporate Disclosure Statement
Thu 07/18 11:22 AM
Corporate Disclosure Statement by State Farm Mutual Automobile Insurance Company. (EDC) |
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| 1 | 1
cmp
Notice of Removal (Complete Case Opening First)
Thu 07/18 9:41 AM
NOTICE OF REMOVAL from 19th JDC East Baton Rouge District Court, Case Number 749592. (Filing fee $ 405 receipt number ALAMDC-2778808), filed by State Farm Mutual Automobile Insurance Company.(Messina, Joseph) |
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Att: 1
Proposed Pleading; List of Parties, Pleadings & Service,
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Att: 2
Proposed Pleading; Statement of Corporate Disclosure,
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Att: 3
Exhibit State Notice of Removal,
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Att: 4
Proposed Pleading; Civil Cover Sheet
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notice
Notice of Deficiency with LR 7.1
Thu 07/18 11:22 AM
NOTICE OF DEFICIENCY with LR 7.1 as to1 Notice of Removal. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (EDC) |
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