Ostrander, Penny v. Erie Insurance Company
| Wisconsin Western District Court | |
| Judge: | James D Peterson |
| Case #: | 3:25-cv-00168 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Insurance Contract |
| Case Filed: | Mar 06, 2025 |
| Case in other court: | Columbia County Circuit Court, 25-VC-58 |
| Last checked: Thursday Mar 06, 2025 11:11 AM CST |
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Defendant
Erie Insurance Company
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Represented By
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Plaintiff
Penny Ostrander
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Represented By
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| Docket last updated: 2 hours ago |
| Friday, March 07, 2025 | ||
| 4 | 4
order
Text Only Order
Fri 03/07 2:15 PM
** TEXT ONLY ORDER ** Defendant removed this case about insurance coverage under 28 U.S.C. § 1332. Defendant adequately alleged that the parties have diverse citizenship, but it has not adequately an amount in controversy more than $75,000. The notice of removal says that "Plaintiff is seeking damages in excess of... $75,000," but defendant points to nothing in the complaint supporting a plausible inference that plaintiff could recover more than $75,000. See Ware v. Best Buy Stores , L.P., 6 F.4th 726, 732 (7th Cir. 2021) (amount in controversy must be supported by "a plausible story about how the amount in controversy exceeded the statutory minimum"). The complaint says that plaintiff's property was damaged by a hailstorm, and the parties dispute the amount of damage, but plaintiff did not identify the amount of her claim or otherwise describe the damage. It is true that plaintiff has asserted a bad faith claim, which allows a prevailing plaintiff to recover two times compensatory damages. See Klein v. Travelers Indemnity Company of America , No. 23-cv-69-jdp, 2024 WL 3251790, at *3 (W.D. Wis. May 16, 2024). But without knowing the possible compensatory damages, the possibility of punitive damages does not provide a plausible basis for concluding that the jurisdictional minimum is met. Defendant may have until March 24, 2025, to file an amended notice of removal that adequately alleges an amount in controversy of more than $75,000. If defendant fails to respond, the court will remand the case for lack of jurisdiction. Signed by District Judge James D. Peterson on 3/07/2025. (nln) |
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utility
Add and Terminate Judges
Fri 03/07 9:05 AM
Judge update in case. Case randomly reassigned to District Judge James D. Peterson and Magistrate Judge Anita Marie Boor. (lak) |
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| Thursday, March 06, 2025 | ||
| 3 | 3
misc
Corporate Disclosure Statement
Thu 03/06 11:41 AM
Corporate Disclosure Statement by Plaintiff Penny Ostrander. (Greatsinger, Joshua) Modified on 3/6/2025: Not on the court's form. (lak) |
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misc
Corporate Disclosure Statement
Thu 03/06 9:03 AM
Corporate Disclosure Statement by Defendant Erie Insurance Company. (Fredericks, James) |
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| 1 | 1
notice
Notice of Removal
Thu 03/06 8:55 AM
NOTICE OF REMOVAL from Columbia County Circuit Court, case number 25-CV-58. ( Filing fee $ 405 receipt number AWIWDC-3574201), filed by Erie Insurance Company. (Fredericks, James) Modified on 3/6/2025: Deleted from database duplicate defendant added with city and state. Deleted city and state for plaintiff. Deleted duplicate text. (lak) |
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Att: 1
Exhibit A - Summons and Complaint,
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Att: 2
Exhibit B - Affidavit of Service,
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Att: 3
Exhibit C - Answer to Complaint,
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Att: 4
JS-44 Civil Cover Sheet
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utility
Add Judge for Shell Case Opening
Thu 03/06 11:07 AM
Case randomly assigned to Magistrate Judge Anita Marie Boor. (lak) |
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utility
Standard Attachments Sent
Thu 03/06 11:07 AM
Standard attachments for Magistrate Judge Anita M. Boor:[LINK:Corporate Disclosure Statement] ,[LINK:Order Regarding Assignment of Cases] ,[LINK:Notice of Assignment to a Magistrate Judge and Consent/Request for Reassignment] ,[LINK:Order on Dispositive Motions] . (lak) |
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