Cervantes v. Pennsylvania Lumbermens Mutual Insurance Company et al
| Louisiana Middle District Court | |
| Judge: | Brian A Jackson |
| Referred: | Erin Wilder-Doomes |
| Case #: | 3:25-cv-00235 |
| Nature of Suit | 350 Torts - Personal Injury - Motor Vehicle |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Mar 19, 2025 |
| Case in other court: | 18th JDC, Parish of West Baton Rouge, 1049273 |
| Last checked: Wednesday Mar 19, 2025 5:05 PM CDT |
|
Defendant
Apache Products, Inc.
|
Represented By
|
|
Defendant
Henry Dill
|
Represented By
|
|
Defendant
Pennsylvania Lumbermens Mutual Insurance Company
|
Represented By
|
|
Plaintiff
Patricia Cervantes
|
| Docket last updated: 9 hours ago |
| Thursday, March 20, 2025 | ||
| 3 | 3
order
Order
Thu 03/20 3:12 PM
NOTICE AND ORDER: Pennsylvania Lumbermens Mutual Insurance Company, Apache Products, Inc., and Henry Allen Dill ("Removing Defendants") removed the case to this Court on March 19, 2025, alleging subject matter jurisdiction under 28 U.S.C. 1332. While the Notice of Removal adequately alleges the diverse citizenship of the parties, Removing Defendants allegations are currently inadequate to establish the requisite amount in controversy (AIC). The Notice of Removal points to the absence of an La. C.C.P. article 893 statement in Plaintiff's Petition, Plaintiff's refusal to stipulate, the fact that Plaintiff seeks to recover no less than twelve categories of damages, and cites cases where plaintiffs have recovered amounts over the requisite AIC for what Removing Defendants claim are similar injuries. R. Doc. 1, paras. 18-21. This information is insufficient to meet Removing Defendants' burden to establish AIC. Accordingly, Removing Defendants are ORDERED to review the Court's Notice of Requirements for Diversity Jurisdiction, which can be found on Judge Wilder-Doomes' page on the Court's website under Case Information and Forms. If Removing Defendants can correct the deficient jurisdictional allegations (28 U.S.C. 1653), by no later than 4/3/2025, Removing Defendants shall file a memorandum and supporting evidence concerning whether the AIC requirement of 28 U.S.C. § 1332 is met, which shall include a certification that counsel has reviewed the jurisdictional notice and all applicable cases cited regarding the pleading of AIC in personal injury cases. Alternatively, Removing Defendants may withdraw the Notice of Removal. Signed by Magistrate Judge Erin Wilder-Doomes on 3/20/2025. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) |
|
| Wednesday, March 19, 2025 | ||
| 2 | 2
notice
Certificate of Interested Persons
Wed 03/19 4:17 PM
Certificate of Interested Persons by Pennsylvania Lumbermens Mutual Insurance Company, Apache Products, Inc., Henry Dill identifying Corporate Parent Apache Products, Inc. for Apache Products, Inc.; Corporate Parent Pennsylvania Lumbermens Mutual Insurance Company for Pennsylvania Lumbermens Mutual Insurance Company; Affiliate/Interested Person Dill, Henry for Henry Dill.. (Pousson, Laura) |
|
| 1 | 1
cmp
Notice of Removal (Complete Case Opening First)
Wed 03/19 3:52 PM
NOTICE OF REMOVAL from 18th JDC, Parish of West Baton Rouge, Case Number 1049273. (Filing fee $ 405 receipt number ALAMDC-2877971), filed by Henry Dill, Apache Products, Inc., Pennsylvania Lumbermens Mutual Insurance Company.(Pousson, Laura) |
|
|
Att: 1
Notice of Compliance,
|
||
|
Att: 2
Certificate of Service,
|
||
|
Att: 3
Exhibit A-State Court Record,
|
||
|
Att: 4
Exhibit B- Email Exchange,
|
||
|
Att: 5
Civil Cover Sheet
|
||