Harris et al v. Allstate Indemnity Company
| Louisiana Middle District Court | |
| Judge: | Shelly D Dick |
| Referred: | Erin Wilder-Doomes |
| Case #: | 3:23-cv-01456 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Oct 06, 2023 |
| Terminated: | Nov 05, 2024 |
| Last checked: Saturday Apr 06, 2024 4:19 AM CDT |
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Defendant
Allstate Indemnity Company
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Represented By
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Plaintiff
George Harris
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Represented By
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Plaintiff
Millie Harris
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Represented By
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GPO
Nov 05 2024
ORDER and JUDGMENT OF DISMISSAL : The proceeding be DISMISSED WITHOUT PREJUDICE for the failure of Plaintiffs George and Millie Harris to comply with Court Orders and failure to prosecute this case under Federal Rule of Civil Procedure 41(b). The Clerk of Court shall send a copy of this Order and Judgment of Dismissal to Plaintiffs George and Millie Harris by regular and certified mail, return receipt requested to the address listed on PACER. Signed by Chief Judge Shelly D. Dick on 11/05/2024. (ELW) |
| Docket last updated: 05/13/2025 11:59 PM CDT |
| Monday, December 02, 2024 | ||
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utility
Mail Returned as Undeliverable
Tue 12/03 1:58 PM
Certified Mail Returned as Undeliverable on38 Order and Judgment of Dismissal, from Millie Harris and George Harris. Reason: Return to Sender - Unclaimed. (CIS) |
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| Tuesday, November 12, 2024 | ||
| 39 | 39
order
Notice to Counsel - General Order 2019-04
Tue 11/12 4:46 PM
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. (ELW) |
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| Tuesday, November 05, 2024 | ||
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order
Order Dismissing Case Judgment
Tue 11/05 3:27 PM
ORDER and JUDGMENT OF DISMISSAL : The proceeding be DISMISSED WITHOUT PREJUDICE for the failure of Plaintiffs George and Millie Harris to comply with Court Orders and failure to prosecute this case under Federal Rule of Civil Procedure 41(b). The Clerk of Court shall send a copy of this Order and Judgment of Dismissal to Plaintiffs George and Millie Harris by regular and certified mail, return receipt requested to the address listed on PACER. Signed by Chief Judge Shelly D. Dick on 11/05/2024. (ELW) |
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| Thursday, October 31, 2024 | ||
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minutes
Motion Hearing
Thu 10/31 11:32 AM
Hearing Report/Minute Entry for proceedings held before Magistrate Judge Erin Wilder-Doomes: Motion hearing held on 10/30/2024. The hearing was held open for fifteen minutes. Plaintiffs George and Millie Harris failed to appear or to contact the Court. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
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| Monday, October 28, 2024 | ||
| 36 | 36
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Mail Returned as Undeliverable
Tue 10/29 9:47 AM
Mail Returned as Undeliverable on31 Order from George Harris and Millie Harris. Reason: Return to Sender - Unclaimed. (CIS) Modified on 10/29/2024 to edit docket text and date filed (CIS) |
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| Tuesday, October 15, 2024 | ||
| 35 | 35
misc
Return on Certified Mail
Wed 10/16 2:34 PM
Return on Certified Mail re34 Order to Show Cause. (CIS) |
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| Wednesday, October 09, 2024 | ||
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order
Order to Show Cause
Wed 10/09 1:55 PM
ORDER TO SHOW CAUSE : Plaintiffs George and Millie Harris shall appear in person on October 30, 2024 at 10:00 a.m. in Courtroom 5, Russell B. Long Federal Courthouse, 777 Florida Street, Baton Rouge, Louisiana 70801 and show cause why their claims in this case should not be dismissed for failure to follow court orders. Show Cause Hearing before the Magistrate Judge set for 10/30/2024 at 10:00 AM in Courtroom 5 before Magistrate Judge Erin Wilder-Doomes. The Clerk of Court shall send a copy of this Order to Plaintiffs George and Millie Harris by regular mail and certified mail, return receipt requested, totheir address of record: 5910 Glen Oaks Dr., Baton Rouge, Louisiana 70811. Signed by Magistrate Judge Erin Wilder-Doomes on 10/09/2024. (ELW) |
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order
Oral Order
Wed 10/09 12:08 PM
ORAL ORDER: See32 HEARING REPORT AND ORDER/Minute Entry. Signed by Magistrate Judge Erin Wilder-Doomes on 10/9/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) |
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| 32 | 32
minutes
Motion Hearing
Wed 10/09 12:05 PM
HEARING REPORT AND ORDER/Minute Entry for proceedings held before Magistrate Judge Erin Wilder-Doomes: Motion Hearing via Zoom held on 10/9/2024. IT IS ORDERED that the30 Motion to Withdraw as Counsel of Record,6 filed by counsel for Plaintiffs George and Millie Harris, is GRANTED. The Clerk of Court is directed to TERMINATE Rajan Pandit, Seth Kerr, and the Pandit Law Firm, LLC, as well as Matthew Mize and the law firm of Robichaux, Mize, Wadsack, Richardson & Watson, LLC, as counsel for Plaintiffs George and Millie Harris. IT IS FURTHER ORDERED that the Clerk of Court shall serve this Hearing Report and Order on Plaintiffs George and Millie Harris via certified mail, return receipt requested, and regular mail at their last known address: 5910 Glen Oaks Dr., Baton Rouge, Louisiana 70811. A separate show cause order will be issued to Plaintiffs George and Millie Harris why their claims should not be dismissed for failure to appear. (BLR) |
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Set Pro Se (non-inmate) CASE REFERRED Flag
Wed 10/09 3:34 PM
***Set CASE REFERRED Pro Se (non-inmate) Flag (JEG) |
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| Tuesday, September 17, 2024 | ||
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order
Order ~Util - Set Motion and R&R Deadlines/Hearings
Tue 09/17 4:18 PM
ORDER: As to30 Unopposed MOTION for Seth Kerr, Rajan Pandit of Pandit Law and Matthew Mize of Robichaux, Mize Wadsack, Richardson & Watson to Withdraw as Attorney filed by Millie Harris, George Harris Motion Hearing before the Magistrate Judge set for 10/9/2024 at 10:00 AM in by video before Magistrate Judge Erin Wilder-Doomes. Clerk of Court shall send this Order to Plaintiffs George and Millie Harris by certified mail, return receipt requested, and by regular mail to their last known address: 5910 Glen Oaks Dr., Baton Rouge, LA 70811. Signed by Magistrate Judge Erin Wilder-Doomes on 9/17/2024.(ELW) |
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Att: 1
Exhibit Zoom instructions
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| 30 | 30
motion
Withdraw as Attorney
Tue 09/17 6:51 AM
Unopposed MOTION for Seth Kerr, Rajan Pandit of Pandit Law and Matthew Mize of Robichaux, Mize Wadsack, Richardson & Watson to Withdraw as Attorney by George Harris, Millie Harris(Kerr, Jonathan) |
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Att: 1
Proposed Pleading; Order on Motion to Withdraw
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Motion(s) Referred
Tue 09/17 11:26 AM
MOTION(S) REFERRED:30 Unopposed MOTION for Seth Kerr, Rajan Pandit of Pandit Law and Matthew Mize of Robichaux, Mize Wadsack, Richardson & Watson to Withdraw as Attorney . This motion is now pending before the USMJ. (ELW) |
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| Tuesday, August 13, 2024 | ||
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3
pgs
order
Order on Motion to Extend Discovery Deadlines
Tue 08/13 4:33 PM
ORDER : The28 Motion to Extend Discovery Deadlines is GRANTED. Discovery due by 5/5/2025. Signed by Magistrate Judge Erin Wilder-Doomes on 08/13/2024. (ELW) |
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| Friday, August 09, 2024 | ||
| 28 | 28
motion
Extension of Discovery Deadlines
Fri 08/09 1:43 PM
Joint MOTION for Extension of Discovery Deadlines by George Harris, Millie Harris(Kerr, Jonathan) |
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Att: 1
Proposed Pleading; Order on Joint Motion to Extend Discovery Deadline
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Motion(s) Referred
Fri 08/09 4:27 PM
MOTION(S) REFERRED:28 Joint MOTION for Extension of Discovery Deadlines . This motion is now pending before the USMJ. (ELW) |
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| Thursday, August 08, 2024 | ||
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order
Order on Motion to Extend Discovery Deadlines
Thu 08/08 10:52 AM
ORDER denying26 Joint Motion to Extend Discovery Deadlines. Fed. R. Civ. Pro. 16(b)(4) and the14 Scheduling Order in this case require a showing of good cause to modify a schedule. The Motion does not contain any information to meet the good cause standard. Additionally, the Motion seeks an extension of the deadline to file dispositive motions to May 5, 2025, but the dispositive motion deadline in this case is July 15, 2025. The denial is without prejudice to reurging a motion for extension that contains adequate information to support good cause and that clarifies the relief sought. Signed by Magistrate Judge Erin Wilder-Doomes on 08/08/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD) |
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| Wednesday, August 07, 2024 | ||
| 26 | 26
motion
Extension of Discovery Deadlines
Wed 08/07 2:30 PM
Joint MOTION for Extension of Discovery Deadlines by George Harris, Millie Harris(Kerr, Jonathan) |
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Att: 1
Proposed Pleading; Order on Joint Motion to Extend Discovery Deadline
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utility
Motion(s) Referred
Wed 08/07 3:10 PM
MOTION(S) REFERRED:26 Joint MOTION for Extension of Discovery Deadlines. This motion is now pending before the USMJ. (CIS) |
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| Wednesday, July 17, 2024 | ||
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order
Order on Motion to Substitute Pleading (In Order to Correct Deficiency)
Wed 07/17 11:07 AM
ORDER denying as moot24 MOTION to Substitute Counsel of Record (interpreted by the Court as Motion to Substitute R. Doc. 21) filed by Millie Harris and George Harris. Signed by Magistrate Judge Erin Wilder-Doomes on 7/17/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) Modified to edit text on 7/17/2024 (BLR) |
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| Monday, July 15, 2024 | ||
| 24 | 24
motion
Substitute Pleading (In Order to Correct Deficiency)
Mon 07/15 3:58 PM
MOTION to Substitute Document21 by George Harris, Millie Harris(Pandit, Rajan) Modified on 7/15/2024 to add linkage to document 21. (JEG) |
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Att: 1
Proposed Pleading; Order to Substitute Document 21,
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Att: 2
Proposed Pleading; Amended Motion to Substitute Attorney,
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Att: 3
Proposed Pleading; Order on Amended Motion to Substitute Attorney
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| 22 | 22
order
Case Management Order No. 1, Amendment 1 - Hurricane Ida
Mon 07/15 12:31 PM
CASE MANAGEMENT ORDER No. 1, AMENDMENT 1: Section II(b)(ii) of CMO 1 entered February 26, 2024 is supplemented and amended as stated in the attached amendment. Signed by Chief Judge Shelly D. Dick on 07/12/2024. (Litchfield, Michael) |
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Motion(s) Referred
Mon 07/15 1:30 PM
MOTION(S) REFERRED:21 MOTION to Substitute Seth Kerr in place of Lantz Savage as Attorney . This motion is now pending before the USMJ. (JEG) |
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order
Order on Motion to Substitute Attorney
Mon 07/15 3:46 PM
ORDER granting21 Motion to Substitute Counsel of Record. Added Attorney Jonathan Seth Kerr for George Harris and Millie Harris. Attorney Lantz Savage terminated. Signed by Magistrate Judge Erin Wilder-Doomes on 7/15/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
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Motion(s) Referred
Mon 07/15 4:53 PM
MOTION(S) REFERRED:24 MOTION to Substitute Document 21 . This motion is now pending before the USMJ. (JEG) |
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| Friday, July 12, 2024 | ||
| 21 | 21
motion
Substitute Attorney
Fri 07/12 11:09 AM
MOTION to Substitute Seth Kerr in place of Lantz Savage as Attorney by George Harris, Millie Harris(Pandit, Rajan) |
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Att: 1
Proposed Pleading; Order on Motion to Substitute Counsel of Record
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| Wednesday, May 15, 2024 | ||
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Motion(s) Referred
Wed 05/15 11:18 AM
MOTION(S) REFERRED:19 MOTION to Substitute Lantz Savage in place of David B. Wheeler as Attorney . This motion is now pending before the USMJ. (JEG) |
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order
Order on Motion to Substitute Attorney
Wed 05/15 1:32 PM
ORDER granting19 Motion to Substitute Attorney. Added Attorney Lantz Savage for George Harris and Millie Harris. Attorney David B. Wheeler terminated. Signed by Magistrate Judge Erin Wilder-Doomes on 5/15/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
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| Tuesday, May 14, 2024 | ||
| 19 | 19
motion
Substitute Attorney
Tue 05/14 10:10 PM
MOTION to Substitute Lantz Savage in place of David B. Wheeler as Attorney by George Harris, Millie Harris(Pandit, Rajan) |
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Att: 1
Attachment Proposed Order
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| Wednesday, April 17, 2024 | ||
| 18 | 18
order
Ida Notice - Procedure for Neutrals
Wed 04/17 8:26 PM
NOTICE TO COUNSEL: Procedures for Mediating Hurricane Ida Claims with a Court Appointed Neutral pursuant to Case Management Order No. 1 issued February 26, 2024, as set forth herein. Signed by Chief Judge Shelly D. Dick on 04/17/2024. (Litchfield, Michael) |
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| Tuesday, April 02, 2024 | ||
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order
Order on Motion to Substitute Attorney
Tue 04/02 11:40 AM
ORDER granting16 Motion to Substitute Counsel of Record. James L. Donovan, Jr. and Clare Donovan of Donovan and Lawler are hereby substituted as counsel of record for defendant, Allstate Indemnity Company in lieu and in place of Michael E. Hill and Iriane Bernice Lee of Kelly Kroneberg Attorneys at Law and the name of James L. Donovan, Jr. and Clare Donovan, be entered as counsel of record forAllstate Indemnity Company. Signed by Magistrate Judge Erin Wilder-Doomes on 4/2/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
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| Monday, April 01, 2024 | ||
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Motion(s) Referred
Mon 04/01 9:40 AM
MOTION(S) REFERRED:16 MOTION to Substitute James L. Donovan, Jr. and Clare Donovan in place of Michael E. Hill and Iriane B. Lee as Attorney . This motion is now pending before the USMJ. (JEG) |
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| Thursday, March 28, 2024 | ||
| 16 | 16
motion
Substitute Attorney
Thu 03/28 10:04 AM
MOTION to Substitute James L. Donovan, Jr. and Clare Donovan in place of Michael E. Hill and Iriane B. Lee as Attorney by Allstate Indemnity Company(Donovan, James) |
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Att: 1
Proposed Pleading; Proposed Order
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| Tuesday, February 27, 2024 | ||
| 15 | 15
order
Case Management Order No. 1 - Hurricane Ida
Tue 02/27 4:39 PM
CASE MANAGEMENT ORDER No. 1: The Court hereby approves this Case Management Order to set forth procedures to facilitate efficient resolution of these matters through the establishment of a streamlined settlement conference and mediation protocol (the SSP). Signed by Chief Judge Shelly D. Dick on 02/27/2024. (Litchfield, Michael) |
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| Thursday, February 08, 2024 | ||
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order
Scheduling Order
Thu 02/08 3:42 PM
SCHEDULING ORDER: In accordance with FRCP 16(b), the following discovery deadlines are established. Amended Pleadings due by 6/15/2024. F.R.C.P. 26(a)(1) disclosures due by 5/15/2024. Discovery due by 8/15/2024. Plaintiff`s Expert Witness List due by 11/1/2024. Defendant`s Expert Witness List due by 11/15/2024. Plaintiff`s Expert Reports due by 2/15/2025. Defendant`s Expert Reports due by 3/15/2025. Discovery from Experts due by 5/15/2025. Motions shall be filed by 7/15/2025. Proposed Pretrial Order due by 1/6/2026. Pretrial Conference set for 1/20/2026 at 02:30 PM in chambers before Chief Judge Shelly D. Dick. Motions In Limine shall be filed by 1/12/2026. A Request for a Settlement Conference shall be made by 8/15/2025. Affidavit of Settlement Efforts due by 12/22/2025. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 1/12/2026. Jury Trial set for 2/2/2026 through 2/5/2026 at 09:00 AM in Courtroom 3 before Chief Judge Shelly D. Dick. Signed by Magistrate Judge Erin Wilder-Doomes on 2/8/2024. (ELW) |
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| Tuesday, January 16, 2024 | ||
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notice
Notice to Counsel
Tue 01/16 5:43 PM
Notice to Counsel: The Scheduling Conference set for 1/25/2024 is CANCELED. The court will issue a separate scheduling order in this matter. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
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| Thursday, January 11, 2024 | ||
| 12 | 12
misc
Status Report
Thu 01/11 5:40 PM
STATUS REPORT by All Plaintiffs. (Wheeler, David) |
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| Friday, December 01, 2023 | ||
| 11 | 11
answer
Answer to Complaint
Fri 12/01 3:01 PM
ANSWER to Complaint with Jury Demand by Allstate Indemnity Company.(Hill, Michael) |
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| Monday, November 06, 2023 | ||
| 10 | 10
respm
Response
Mon 11/06 5:09 PM
RESPONSE /Statement Regarding Amount In Controversy filed by All Plaintiffs. (Wheeler, David) |
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| 9 | 9
order
90 Day Conference Order
Mon 11/06 9:28 AM
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 1/25/2024 at 09:30 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 1/11/2024. Signed by Magistrate Judge Erin Wilder-Doomes on 11/6/2023. (BLR) |
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| Tuesday, October 31, 2023 | ||
| 8 | 8
respm
Response
Tue 10/31 11:38 PM
RESPONSE MEMORANDUM to Notice and Order regarding Amount In Controversy filed by Allstate Indemnity Company.(Hill, Michael) |
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Att: 1
Exhibit A Estimate of Repair Costs,
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Att: 2
Exhibit B Email Regarding Amount in Controversy
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| Thursday, October 26, 2023 | ||
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Motion(s) Referred
Thu 10/26 10:58 AM
MOTION(S) REFERRED:6 MOTION for Extension of Time. This motion is now pending before the USMJ. (JEG) |
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order
Order on Motion for Extension of Time to File
Thu 10/26 1:34 PM
ORDER granting6 Motion for Extension of Time for good cause shown. ALLSTATE INDEMNITY COMPANY has until October 31, 2023 to file its Motion for Leaveto File a Comprehensive, Amended Notice of Removal in this matter.Signed by Magistrate Judge Erin Wilder-Doomes on 10/26/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
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| Tuesday, October 24, 2023 | ||
| 6 | 6
motion
Extension of Time to File a Document
Tue 10/24 7:21 PM
MOTION for Extension of Time to File Motion for Leave to File a Comprehensive, Amended Notice of Removal by Allstate Indemnity Company(Hill, Michael) |
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Att: 1
Proposed Pleading; Proposed Order
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| Tuesday, October 10, 2023 | ||
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order
Order
Tue 10/10 1:27 PM
NOTICE AND ORDER: Defendant Allstate Indemnity Company filed its Notice of Removal on October 6, 2023, alleging this Court has diversity subject matter jurisdiction. The Notice of Removal adequately alleges the diverse citizenship of the parties. However, Defendant's allegations are currently inadequate to establish the requisite amount in controversy. Accordingly, Defendant is ORDERED to review the Court's Notice of Requirements for Diversity Jurisdiction, which can be found on the Courts website at https://www.lamd.uscourts.gov/content/magistrate-judge-erin-wilder-doomes, under Case Information and Forms. If Defendant can correct the deficient jurisdictional allegations (28 U.S.C. 1653), by no later than October 24, 2023, Defendant shall file a memorandum and supporting evidence concerning whether the amount in controversy requirement of 28 U.S.C. § 1332 is met. The memorandum shall include a certification that counsel has reviewed the Notice of Requirements for Diversity Jurisdiction and all applicable cases cited regarding the pleading of the amount in controversy in cases asserting breach of an insurance contract. By no later than November 7, 2023, Plaintiffs George and Millie Harris shall file either (1) a Notice stating that Plaintiffs do not dispute that Defendant has established the jurisdictional requirements of 28 U.S.C. § 1332, or (2) a Motion to Remand. Notwithstanding the order requiring Plaintiffs position on whether Defendant has established jurisdiction, the parties' position is not controlling as the Court has an independent obligation to ensure its own subject matter jurisdiction. Gasch v. Hartford Acc. & Indem. Co., 491 F.3d 278, 284 (5th Cir. 2007), citing In re Tex. Consumer Fin. Corp., 480 F.2d 1261, 1266 (5th Cir. 1973). The case will be allowed to proceed if subject matter jurisdiction is adequately established. Signed by Magistrate Judge Erin Wilder-Doomes on 10/10/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) |
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| Friday, October 06, 2023 | ||
| 4 | 4
notice
Corporate Disclosure Statement
Fri 10/06 3:15 PM
Corporate Disclosure Statement by Allstate Indemnity Company identifying Corporate Parent Allstate Corporation for Allstate Indemnity Company.. (Hill, Michael) |
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| 3 | 3
notice
Notice of Compliance
Fri 10/06 3:11 PM
NOTICE of Compliance by Allstate Indemnity Company (Hill, Michael) |
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| 2 | 2
notice
Certificate of Interested Persons
Fri 10/06 3:08 PM
Certificate of Interested Persons by Allstate Indemnity Company identifying Corporate Parent Allstate Corporation, Affiliate/Interested Person Millie Harris, Affiliate/Interested Person George Harris for Allstate Indemnity Company. (Hill, Michael) |
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| 1 | 1
cmp
Notice of Removal (Complete Case Opening First)
Fri 10/06 2:51 PM
NOTICE OF REMOVAL from 19th JDC, East Baton Rouge Parish, Case Number C-737021. (Filing fee $ 402 receipt number ALAMDC-2648506), filed by Allstate Indemnity Company.(Hill, Michael) |
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Att: 1
Exhibit Exhibit A - Petition For Damages,
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Att: 2
Exhibit Exhibit B - LDI Allstate Indemnity Company,
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Att: 3
Exhibit Exhibit C - Policy Declarations,
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Att: 4
Attachment Civil Cover Sheet
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