Sabala v. Dolgencorp LLC

Louisiana Middle District Court
Judge:John W Degravelles
Referred: Scott D Johnson
Case #: 3:25-cv-00218
Nature of Suit360 Torts - Personal Injury - Other Personal Injury
Cause28:1332 Diversity-Personal Injury
Case Filed:Mar 14, 2025
Case in other court:19th JDC, East Baton Rouge Parish, C-758288 Sec 24
Last checked: Monday Apr 28, 2025 3:39 AM CDT
Defendant
Dolgencorp LLC
Represented By
George D. Ernest, III
Hurlburt, Monrose And Ernest, PLC
contact info
Plaintiff
Jennifer Sabala
Represented By
Paul B. Lambremont
Law Office Of John B. Lambremont, Sr.
contact info


Docket last updated: 05/07/2025 11:59 PM CDT
Wednesday, May 07, 2025
19 19 order 90 Day Conference Order Wed 05/07 1:48 PM
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 6/26/2025 at 11:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 6/12/2025. Signed by Magistrate Judge Erin Wilder-Doomes on 5/7/2025. (BLR)
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Monday, March 24, 2025
18 18 notice Notice to Counsel - Consent Declined Mon 03/24 10:31 AM
NOTICE TO COUNSEL: Considering there is no unanimous Consent to Proceed before a Magistrate Judge and pursuant to General Order 2024-02, the Clerk of Court shall randomly assign this matter to a District Judge and the referral judge will be the currently assigned Magistrate Judge. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB)
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utility Case Assigned/Reassigned Mon 03/24 10:29 AM
Case assigned to Judge John W. deGravelles. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB)
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utility Case Assigned/Reassigned Mon 03/24 10:30 AM
Case assigned to Magistrate Judge Erin Wilder-Doomes. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB)
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notice Reassignment of Case - Deadlines Moved to New Judge Tue 03/25 8:18 AM
Notice of Reassignment of Case: This matter has been reassigned to District Judge John W. deGravelles. Any deadlines, hearings, conferences or trial set before the previously assigned Judge have been moved before the newly assigned Judge unless and until reset by the court. (CIS)
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Wednesday, March 19, 2025
16 16 notice Notice of Compliance Wed 03/19 4:22 PM
NOTICE of Compliance by Dolgencorp LLC to1 Notice of Removal, Certificate of Service & Certificate of Filing Removal with State Court(Ernest, George)
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Att: 1 Exhibit Notice of Notice of Removal filed in State Court
Tuesday, March 18, 2025
17 17 cmp Amended Notice of Removal Thu 03/20 10:23 AM
AMENDED NOTICE OF REMOVAL, filed by Dolgencorp LLC.(JEG)
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15 15 notice Notice of Compliance Tue 03/18 12:43 PM
Certification of State Court Record by Dolgencorp LLC to1 Notice of Removal. (Ernest, George) Modified on 3/18/2025 to edit title of document. (JEG)
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14 14 notice Notice of Compliance Tue 03/18 12:35 PM
List of Documents in State Court Record by Dolgencorp LLC to1 Notice of Removal,(Ernest, George) Modified on 3/18/2025 to edit docket text. (JEG)
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Att: 1 Exhibit State court record
13 13 order Order on Motion for Leave to File Tue 03/18 11:23 AM
ORDER: GRANTING the12 Motion for Leave to File Amended Notice of Removal filed by Defendant Dolgencorp, LLC, which was filed in accordance with the Court's 10 and 11 Orders and properly identifies the citizenship of Plaintiff (LA) and contains the correct case caption. Accordingly, the Clerk of Court is directed to docket the Amended Notice of Removal at R. Doc. 12-2 into the record of this matter, which shall become the operative Amended Notice of Removal. Signed by Magistrate Judge Erin Wilder-Doomes on 3/18/2025. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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Monday, March 17, 2025
12 12 motion Leave to File Document Mon 03/17 3:50 PM
MOTION for Leave to File Amended Notice of Removal by Dolgencorp LLC(Ernest, George)
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Att: 1 Proposed Pleading; Proposed Order,
Att: 2 Exhibit Amended Notice of Removal
11 11 order Order on Motion to Substitute Pleading (In Order to Correct Deficiency) Mon 03/17 1:03 PM
NOTICE AND ORDER: Considering the 10 briefing Order, requiring Defendant Dolgencorp LLC to file an amended Notice of Removal to correct jurisdictional allegations, the6 MOTION to Substitute Pleading, filed by Defendant Dolgencorp LLC, is DENIED. Defendant shall correct the case caption on the proposed amended Notice of Removal filed in response to the briefing Order. Signed by Magistrate Judge Erin Wilder-Doomes on 03/17/2025. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
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10 10 order Order Mon 03/17 11:12 AM
NOTICE AND ORDER: Defendant Dolgencorp LLC filed its1 Notice of Removal alleging that the basis for subject matter jurisdiction in this case is diversity of citizenship under 28 U.S.C. 1332. The Notice of Removal alleges that the amount in controversy is met based on Plaintiffs' pre-Petition settlement demand of $350,000. R. Doc. 1-5. The Notice of Removal adequately alleges the citizenship of Defendant, which unwinds to one member, a corporation (TN/TN). However, the Notice of Removal does not adequately allege the citizenship of Plaintiff Jennifer Sabala because it relies on Plaintiff's allegations of the Petition, which only state Plaintiffs' residency. R. Doc. 1, paragraph 11 and R. Doc. 1-3, p. 2. 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 March 24, 2025, Defendant is ordered to file a motion for leave, with a self-contained amended Notice of Removal attached, that properly alleges the citizenship of all parties. Signed by Magistrate Judge Erin Wilder-Doomes on 3/17/2025. (BLR)
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9 9 notice Notice to Counsel - Appearance of Counsel in Designated Consent Case Mon 03/17 8:25 AM
NOTICE TO COUNSEL: As previously noticed, this case has been assigned to a United States Magistrate Judge for all purposes, including trial, final entry of judgment and direct review by the Fifth Circuit Court of Appeals. See General Order 2024-02 and Federal Rule of Civil Procedure 73. Consent to a Magistrate Judge is voluntary. Any party may decline consent by indicating such on the attached form and emailing, faxing, or mailing the form back to the court as stated herein. The form must be received no later than 14 days from the filing of this notice. DO NOT ELECTRONICALLY FILE THIS FORM. If a party does not return the form by the designated deadline, that party is deemed to have knowingly and voluntarily consented to proceed before the Magistrate Judge. If any party declines consent, then a district judge will be randomly assigned to the matter. (DCB)
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8 8 notice Notice to Counsel - Initial Designation of Consent Case Mon 03/17 8:23 AM
NOTICE TO COUNSEL: This case has been assigned to a United States Magistrate Judge for all purposes, including trial, final entry of judgment, and direct review by the Fifth Circuit Court of Appeals. See General Order 2024-02 and Federal Rule of Civil Procedure 73. Consent to a Magistrate Judge is voluntary. Any party may decline consent. Once all parties have appeared in this matter, a Consent Form will be noticed to the parties and a deadline set for the form to be returned to the court. The form will not be part of the court record and the identity of any party declining consent will not be communicated to any judge. (DCB)
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Saturday, March 15, 2025
7 7 notice Certificate of Interested Persons Sat 03/15 10:34 AM
Certificate of Interested Persons by Dolgencorp LLC identifying Corporate Parent Dollar General Corporation, Affiliate/Interested Person Jennifer Sabala for Dolgencorp LLC. (Ernest, George)
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6 6 motion Substitute Pleading (In Order to Correct Deficiency) Sat 03/15 10:31 AM
MOTION to Substitute Notice of Removal by Dolgencorp LLC(Ernest, George)
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Att: 1 Proposed Pleading; Proposed Order,
Att: 2 Exhibit Notice of Removal with Corrected Caption
Friday, March 14, 2025
5 5 notice Notice of Deficiency with LR 7.1 Fri 03/14 4:40 PM
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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4 4 notice Notice of (other) Fri 03/14 2:20 PM
NOTICE of Roster of Attorneys 1 Notice of Removal, by Dolgencorp LLC (Ernest, George)
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3 3 notice Notice of (other) Fri 03/14 2:06 PM
NOTICE of Diversity Jurisdiction Disclosure Statement 1 Notice of Removal, by Dolgencorp LLC (Ernest, George)
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2 2 notice Corporate Disclosure Statement Fri 03/14 2:01 PM
Corporate Disclosure Statement by Dolgencorp LLC identifying Corporate Parent Dollar General Corporation for Dolgencorp LLC. (Ernest, George)
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1 1 cmp Notice of Removal (Complete Case Opening First) Fri 03/14 1:51 PM
NOTICE OF REMOVAL from 19th JDC, Case Number C-758288. (Filing fee $ 405 receipt number ALAMDC-2875931), filed by Dolgencorp LLC.(Ernest, George) Modified on 3/14/2025 to remove duplicate description of attachments 3-5. (JEG)
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Att: 1 Civil Cover Sheet,
Att: 2 Exhibit List,
Att: 3 Ex. A Citation and Petition for Damages,
Att: 4 Ex. B Letter from Plaintiff's Counsel,
Att: 5 Ex. C Emails