Taramore Square, LLC v. Mt. Hawley Insurance Company
| New York Southern District Court | |
| Judge: | Ronnie Abrams |
| Case #: | 1:24-cv-03131 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1441in Petition for Removal- Insurance Contract |
| Case Filed: | Apr 24, 2024 |
| Case in other court: | Louisiana Middle, 3:23-cv-01278 |
| Last checked: Wednesday Apr 24, 2024 3:10 PM EDT |
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Defendant
MT Hawley Insurance Company
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Represented By
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Plaintiff
Taramore Square, LLC
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Represented By
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| Docket last updated: 85 minutes ago |
| Friday, April 26, 2024 | ||
| 27 | 27
2
pgs
order
Order for Initial Pretrial Conference
Fri 04/26 3:06 PM
ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that, by May 31, 2024, the parties submit a joint letter, not to exceed five (5) pages, providing the following information in separate paragraphs: As further set forth by this Order. Unless the parties request otherwise, the Court will hold this conference by telephone. The parties shall use the following dial-in information to call in to the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. If the parties seek to adjourn the conference, they shall notify the Court by no later than May 31, 2024. If the parties are available to proceed with an initial status conference prior to June 7, 2024, the parties shall notify the Court and propose an earlier date for the conference, as well as for submission of the status letter and proposed case management plan. SO ORDERED. Initial Conference set for 6/7/2024 at 11:00 AM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 4/26/2024) (tg) |
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| Wednesday, April 24, 2024 | ||
| 26 | 26
transfer
Case Transferred In - District Transfer
Wed 04/24 2:16 PM
CASE TRANSFERRED IN from the United States District Court - District of Louisiana Middle; Case Number: 3:23-cv-01278. Original file certified copy of transfer order and docket entries received. |
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notice
Case Opening Initial Assignment Notice - Transfer Case
Wed 04/24 2:16 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vba) |
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utility
Case Designation
Wed 04/24 2:17 PM
Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vba) |
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utility
Case Designated ECF
Wed 04/24 2:18 PM
Case Designated ECF. (vba) |
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misc
Note to Out of State Attorneys
Wed 04/24 2:20 PM
NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
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| Monday, April 15, 2024 | ||
| 25 | 25
JUDGMENT OF TRANSFER: Transferring Case to the Southern District of New York. Signed by Chief Judge Shelly D. Dick on 04/15/2024. (ELW) [Transferred from Louisiana Middle on 4/24/2024.]
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RULING: Defendant's9 Motion to Transfer Venue is hereby GRANTED. This matter is TRANSFERRED to the United States District Court for the Southern District of New York. Signed by Chief Judge Shelly D. Dick on 04/12/2024. (ELW) [Transferred from Louisiana Middle on 4/24/2024.]
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| Thursday, March 07, 2024 | ||
| 23 | 23
MOTION to Stay Case Management Order Deadlines Pending Outcome of Motion to Transfer Venue by Mt. Hawley Insurance Company(Schmeeckle, Seth) [Transferred from Louisiana Middle on 4/24/2024.]
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Att: 1
Memorandum in Support of Motion to Stay Case Management Order Deadlines Pending Outcome of Motion to Transfer Venue,
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Att: 2
Proposed Order - Motion to Stay Case Management Order Deadlines Pending Outcome of Motion to Transfer Venue
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| Tuesday, February 27, 2024 | ||
| 22 | 22
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) [Transferred from Louisiana Middle on 4/24/2024.]
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| Wednesday, February 07, 2024 | ||
| 21 | 21 ORDER granting20 Motion to Substitute Hannah Quicksell for Mt. Hawley Insurance Company replacing Julie S. Meaders. Signed by Magistrate Judge Erin Wilder-Doomes on 2/7/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 4/24/2024.] | |
| Tuesday, February 06, 2024 | ||
| 20 | 20
Ex Parte Motion to Withdraw and Enroll Co-Counsel of Record by Mt. Hawley Insurance Company(Schmeeckle, Seth) Modified to edit text on 2/7/2024 (BLR). [Transferred from Louisiana Middle on 4/24/2024.]
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Att: 1
Proposed Order to Ex Parte Motion to Withdraw and Enroll Co-Counsel of Record
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| MOTION(S) REFERRED:20 Ex Parte MOTION for Julie S. Meaders to Withdraw as Attorney MOTION to Enroll Hannah L. R. Quicksell as Attorney . This motion is now pending before the USMJ. (ELW) [Transferred from Louisiana Middle on 4/24/2024.] | ||
| Monday, February 05, 2024 | ||
| 19 | 19 ORDER denying18 Ex Parte Motion to Withdraw and Enroll Co-Counsel for Record for failure to comply with Local Rule 83(b)(13). Signed by Magistrate Judge Erin Wilder-Doomes on 2/5/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 4/24/2024.] | |
| Friday, February 02, 2024 | ||
| MOTION(S) REFERRED:18 MOTION for Julie S. Meaders to Withdraw as Attorney MOTION to Enroll Hannah L. R. Quicksell as Attorney . This motion is now pending before the USMJ. (ELW) [Transferred from Louisiana Middle on 4/24/2024.] | ||
| Thursday, February 01, 2024 | ||
| 18 | 18
MOTION for Julie S. Meaders to Withdraw as Attorney , MOTION to Enroll Hannah L. R. Quicksell as Attorney by Mt. Hawley Insurance Company(Schmeeckle, Seth) [Transferred from Louisiana Middle on 4/24/2024.]
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Att: 1
Proposed Order to Ex Parte Motion to Withdraw and Enroll Co-Counsel of Record
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| Friday, October 20, 2023 | ||
| 17 | 17
REPLY Memorandum in Support of9 MOTION to Transfer Case to United States District Court for the Southern District of New York filed by Mt. Hawley Insurance Company..(LLH) [Transferred from Louisiana Middle on 4/24/2024.]
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Att: 1
Exhibit A - Declaration of Chad Harrington,
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Att: 2
Exhibit A-1 Policy GPK0010202,
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Att: 3
Exhibit A- 2 Quote Letter delivery email,
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Att: 4
Exhibit A-3 Bind Request email,
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Att: 5
Exhibit A- 4 Policy binder delivery email,
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Att: 6
Exhibit B - Louisiana Department of Insurance
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| 16 | 16 ORDER granting15 MOTION for Leave to File Reply memorandum in Support of Motion to Transfer Venue filed by Mt. Hawley Insurance Company. Signed by Chief Judge Shelly D. Dick on 10/20/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) [Transferred from Louisiana Middle on 4/24/2024.] | |
| Thursday, October 19, 2023 | ||
| 15 | 15
MOTION for Leave to File Reply memorandum in Support of Motion to Transfer Venue by Mt. Hawley Insurance Company(Meaders, Julie) [Transferred from Louisiana Middle on 4/24/2024.]
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Att: 1
Proposed Pleading; Order,
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Att: 2
Proposed Pleading; Reply in support of Motion to Transfer Venue,
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Att: 3
Exhibit A - Declaration of Chad Harrington,
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Att: 4
Exhibit A-1 Policy GPK0010202,
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Att: 5
Exhibit A- 2 Quote Letter delivery email,
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Att: 6
Exhibit A-3 Bind Request email,
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Att: 7
Exhibit A- 4 Policy binder delivery email,
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Att: 8
Exhibit B - Louisiana Department of Insurance
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| Thursday, October 05, 2023 | ||
| 14 | 14
24
pgs
MEMORANDUM in Opposition to9 MOTION to Transfer Case to United States District Court for the Southern District of New York filed by Taramore Square, LLC.(Sunseri, Joseph) [Transferred from Louisiana Middle on 4/24/2024.]
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Att: 1
Exhibit A-La. Dept. of Ins. Bulletin No. 2011-01
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| Monday, September 25, 2023 | ||
| Case reassigned to Chief Judge Shelly D. Dick. Judge John W. deGravelles no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (NLT) [Transferred from Louisiana Middle on 4/24/2024.] | ||
| Monday, September 18, 2023 | ||
| 13 | 13 NOTICE of Briefing Schedule on9 MOTION to Transfer Case to United States District Court for the Southern District of New York : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) [Transferred from Louisiana Middle on 4/24/2024.] | |
| Friday, September 15, 2023 | ||
| 12 | 12
Exhibit(s) to9 MOTION to Transfer Case to United States District Court for the Southern District of New York by Mt. Hawley Insurance Company.(Meaders, Julie) [Transferred from Louisiana Middle on 4/24/2024.]
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Att: 1
Exhibit A. Certified Policy,
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Att: 2
Exhibit B. Mt. Hawley,
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Att: 3
Exhibit C. Burk Holding,
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Att: 4
Exhibit D. Brooks,
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Att: 5
Exhibit E. William B. Coleman,
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Att: 6
Exhibit F. UMMID,
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Att: 7
Exhibit G. Storm Damage Sols,
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Att: 8
Exhibit H. Summerwind W. Condo,
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Att: 9
Exhibit I. La Porte Hospitality,
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Att: 10
Exhibit J. Recovery Performance,
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Att: 11
Exhibit K. Murray Hill,
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Att: 12
Exhibit L. Nusi Amusam,
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Att: 13
Exhibit M. New Hope,
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Att: 14
Exhibit N. SR Hospitality
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| 11 | 11 Notice of Deficiency with Administrative Procedure III(A)(1) as to9 Motion to Transfer Case,,. 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). (ELW) [Transferred from Louisiana Middle on 4/24/2024.] | |
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NOTICE of Diversity Jurisdiction Disclosure Statement 1 Notice of Removal, by Mt. Hawley Insurance Company (Meaders, Julie) [Transferred from Louisiana Middle on 4/24/2024.]
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| 9 | 9
MOTION to Transfer Case to United States District Court for the Southern District of New York by Mt. Hawley Insurance Company(Meaders, Julie) [Transferred from Louisiana Middle on 4/24/2024.]
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Att: 1
Proposed Pleading; Memorandum in Support,
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Att: 2
Proposed Pleading; Proposed Order,
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Att: 3
Exhibit Certified Policy,
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Att: 4
Exhibit B,
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Att: 5
Exhibit C,
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Att: 6
Exhibit D,
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Att: 7
Exhibit E,
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Att: 8
Exhibit F,
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Att: 9
Exhibit G,
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Att: 10
Exhibit H,
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Att: 11
Exhibit I,
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Att: 12
Exhibit J,
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Att: 13
Exhibit K,
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Att: 14
Exhibit L,
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Att: 15
Exhibit M,
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Att: 16
Exhibit N
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| 8 | 8
Defendant's ANSWER to Complaint and Affirmative Defenses Subject to Motion to Transfer Venue by Mt. Hawley Insurance Company.(Meaders, Julie) [Transferred from Louisiana Middle on 4/24/2024.]
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| Wednesday, September 13, 2023 | ||
| 7 | 7
AMENDED NOTICE OF REMOVAL, filed by Mt. Hawley Insurance Company.(LLH) [Transferred from Louisiana Middle on 4/24/2024.]
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Att: 1
Attachment Civil Cover,
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Att: 2
Exhibit Certified Copy of State Court Record,
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Att: 3
Exhibit Plaintiff's Estimate,
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Att: 4
Exhibit Notice to State Court of Removal,
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Att: 5
Exhibit Listing
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| 6 | 6 ORDER: The5 Motion for Leave to File Amended Notice of Removal, filed by Defendant Mt. Hawley Insurance Company, is GRANTED. The Motion was filed in response to the Court's 4 Notice and Order to correct the citizenship allegations as to Plaintiff Taramore Square, LLC. The proposed amended Notice of Removal now alleges that Plaintiff is a limited liability company whose sole member is domiciled in Louisiana. As the parties are diverse and as the amount in controversy appears to be met, the Clerk of Court is instructed to docket the [5-3] Notice of Removal, which will become the operative notice of removal in this case. Signed by Magistrate Judge Erin Wilder-Doomes on 9/13/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 4/24/2024.] | |
| MOTION(S) REFERRED:5 MOTION for Leave to File An Amended Notice of Removal . This motion is now pending before the USMJ. (ELW) [Transferred from Louisiana Middle on 4/24/2024.] | ||
| Tuesday, September 12, 2023 | ||
| 5 | 5
MOTION for Leave to File An Amended Notice of Removal by Mt. Hawley Insurance Company(Meaders, Julie) [Transferred from Louisiana Middle on 4/24/2024.]
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Att: 1
Proposed Pleading; Order,
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Att: 2
Attachment Civil Cover Sheet,
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Att: 3
Proposed Pleading; Notice of Removal,
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Att: 4
Exhibit Certified Copy of State Court Record,
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Att: 5
Exhibit Plaintiff's Estimate,
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Att: 6
Exhibit Notice to State Court of Removal,
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Att: 7
Exhibit Listing
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| 4 | 4 NOTICE AND ORDER: Defendant Mt. Hawley Insurance Company removed this case to this Court on September 8, 2023, alleging federal subject matter jurisdiction based on diversity of citizenship under 28 U.S.C. 1332. The Notice of Removal adequately alleges that the amount in controversy exceeds $75,000, exclusive of interest and costs, as Plaintiffs seek insurance benefits for wind damage to four of its buildings as supported by a repair estimate that appears to be for one building (2), which alleges approximately $37,482 in outstanding amounts owed (less prior payments) for that building, plus penalties and attorney's fees. R. Doc. 1-2, pp. 1-9. Mt. Hawley is properly alleged to be an Illinois corporation with its principal place of business in Illinois. R. Doc. 1, para. 4. However, the citizenship of Plaintiff is not properly alleged. While Plaintiff's only member is identified as an individual, the citizenship of an individual is determined by the individual's domicile, not residency. Accordingly, IT IS ORDERED that by no later than September 19, 2023, Defendant Mt. Hawley Insurance Company shall file a motion for leave to file an amended Notice of Removal that properly alleges the citizenship of all parties, and which includes all Mt. Hawleys numbered allegations, as revised, supplemented, and/or amended. If the motion for leave to amend is granted, the amended Notice of Removal will become the operative removal in this matter without reference to any other document in the record. Signed by Magistrate Judge Erin Wilder-Doomes on 9/12/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) [Transferred from Louisiana Middle on 4/24/2024.] | |
| Friday, September 08, 2023 | ||
| 3 | 3
Certificate of Interested Persons by Mt. Hawley Insurance Company identifying Affiliate/Interested Person Mt. Hawley Insurance Company, Affiliate/Interested Person Taramore Square, LLC for Mt. Hawley Insurance Company. (Meaders, Julie) [Transferred from Louisiana Middle on 4/24/2024.]
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| 2 | 2
Corporate Disclosure Statement by Mt. Hawley Insurance Company identifying Corporate Parent RLI Corp., Corporate Parent The Vanguard Group, Inc., Corporate Parent State Street Corporation, Corporate Parent Black Rock, Inc., Corporate Parent RLI Insurance Company for Mt. Hawley Insurance Company. (Meaders, Julie) [Transferred from Louisiana Middle on 4/24/2024.]
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NOTICE OF REMOVAL from 19th JDC East Baton Rouge, Case Number 735527. (Filing fee $ 402 receipt number ALAMDC-2634039), filed by Mt. Hawley Insurance Company.(Meaders, Julie) [Transferred from Louisiana Middle on 4/24/2024.]
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Att: 1
Exhibit Certified Copy of State Court Record,
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Att: 2
Exhibit Plaintiff's Estimate,
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Att: 3
Exhibit Notice to State Court of Removal,
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Att: 4
Exhibit Listing,
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Att: 5
Attachment Civil Cover Sheet
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