v. Buckley et al
| Louisiana Middle District Court | |
| Judge: | Brian A Jackson |
| Referred: | Erin Wilder-Doomes |
| Case #: | 3:25-cv-00090 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Case Filed: | Jan 30, 2025 |
| Terminated: | Feb 07, 2025 |
| Last checked: Friday Jan 31, 2025 1:48 AM CST |
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Defendant
Kiesha Buckley
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Defendant
James Carter
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Defendant
Cindy Lee
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Defendant
Sammons Enterprises Inc.
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Represented By
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| Docket last updated: 11 hours ago |
| Friday, February 07, 2025 | ||
| 7 | 7
order
Notice to Counsel - General Order 2019-04
Fri 02/07 10:48 AM
GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019. (JEG) |
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| 6 | 6
2
pgs
order
Order on Motion to Remand Order on Motion to Withdraw
Fri 02/07 10:44 AM
ORDER granting5 Withdraw Notice of Removal/Motion to Remand. The Notice of Removal is withdrawn and this case is remanded to the 19th JDC. This matter is closed and terminated on the Court's docket. Signed by Magistrate Judge Erin Wilder-Doomes on 2/6/2025. (JEG) |
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| Wednesday, February 05, 2025 | ||
| 5 | 5
motion
Remand
Wed 02/05 3:20 PM
MOTION to Remand by Sammons Enterprises Inc. (Levesque, Wesley) |
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| Monday, February 03, 2025 | ||
| 4 | 4
notice
Notice of Telephone Conference (EWD)
Mon 02/03 4:04 PM
NOTICE AND ORDER: The1 Notice of Removal, filed by Defendant Sammons Enterprises, Inc. ("SMI"), alleges that this Court has diversity jurisdiction pursuant to 28 U.S.C. 1332. However, the Notice of Removal alleges that both Plaintiffs, Keisha Buckley and Cindy Lee, and Defendant James Carter, are Louisiana citizens. R. Doc. 1, paragraphs 9-10, and 18. Therefore, complete diversity does not exist. While SMI alleges that Carter has not yet been served, that does not have bearing on the jurisdictional issue of whether there is complete diversity of citizenship between the parties. "A non-resident defendant cannot remove an action if the citizenship of any co-defendant, joined by the plaintiff in good faith, destroys complete diversity, regardless of service or non-service upon the co-defendant. Whenever federal jurisdiction in a removal case depends upon complete diversity, the existence of diversity is determined from the fact of citizenship of the parties named and not from the fact of service." In re Levy, 52 F.4th 244, 246 (5th Cir. 2022) (which thoroughly explains that a SNAP removal, which appears to be what SMI is relying on in this case, is permissible only when all the named parties are completely diverse). IT IS ORDERED that a telephone conference is set for February 10, 2025 at 10:00 a.m. to discuss jurisdiction. Before the conference, counsel for SMI is ORDERED to review In re Levy. If after reviewing In re Levy SMI agrees that the Court does not have diversity jurisdiction, SMI shall move to withdraw the Notice of Removal on or before February 7, 2025, in lieu of appearing for the conference. Counsel participating in the Conference shall call 225-372-6199 using phone conference ID 194727947 five minutes prior to conference. Signed by Magistrate Judge Erin Wilder-Doomes on 2/3/2025. Unauthorized recording of court proceedings and conferences is prohibited. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) |
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| Friday, January 31, 2025 | ||
| 3 | 3
notice
Certificate of Interested Persons
Fri 01/31 11:03 AM
Certificate of Interested Persons by Sammons Enterprises Inc.. (Levesque, Wesley) |
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| 2 | 2
notice
Notice of Deficiency with LR 7.1
Fri 01/31 10:41 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. (JEG) |
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| Thursday, January 30, 2025 | ||
| 1 | 1
cmp
Notice of Removal (Complete Case Opening First)
Thu 01/30 6:16 PM
NOTICE OF REMOVAL from 19th Judicial District Court Parish of East Baton Rouge, Case Number C-757106. (Filing fee $ 405 receipt number ALAMDC-2858542), filed by Sammons Enterprises Inc..(Levesque, Wesley) |
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Att: 1
Exhibit Certificate of Notice of Removal State Court,
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Att: 2
Exhibit Civil Cover Sheet,
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Att: 3
Exhibit A Petition,
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Att: 4
Exhibit B Crash Report,
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Att: 5
Exhibit Medicals
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