This case was last updated from PACER on 10/14/2019 at 08:38:04 (UTC).

Graves et al v. Old Republic Insurance Company et al

Case Summary

On 08/15/2019 Graves filed a Personal Injury - Motor Vehicle lawsuit against Old Republic Insurance Company. This case was filed in U.S. District Courts, Louisiana Middle District. The Judges overseeing this case are Shelly D. Dick and Erin Wilder-Doomes. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:19-CV-00533

  • Filing Date:

    08/15/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    U.S. District Courts

  • Courthouse:

    Louisiana Middle District

Judge Details

Presiding Judge

Shelly D. Dick

Referral Judge

Erin Wilder-Doomes

 

Party Details

Plaintiffs

CAMILLE GRAVES

CECIL GRAVES,IV

FINLEY GRAVES

Sarah Graves

AMELIA GRAVES

CECIL MERLIN GRAVES, III

Cecil Merlin Graves III

Defendants

ABC Professional Tree Services, Inc.

JOSE T MILAN

Old Republic Insurance Company

BDG Trees, L.L.C.

Old Republic General Insurance Company

Jose T Milian

Attorney/Law Firm Details

Plaintiff Attorneys

Collin J. LeBlanc

Attorney at Keogh, Cox & Wilson, LTD

P. O. Box 1151, 701 Main Street

Baton Rouge, LA 70821-1151

Christopher K. Jones

Attorney at Keogh, Cox & Wilson

701 Main Street

Baton Rouge, LA 70802

Defendant Attorneys

Trevor C Davies

Attorney at Wanek Kirsch Davies LLC

1340 Poydras Street, Ste 2000

New Orleans, LA 70112

Peter Joseph Wanek

Attorney at Wanek, Kirsch, Davies

1340 Poydras Street, Suite 2000

New Orleans, LA 70112

Megan Cambre Saporito

Attorney at Gieger, Laborde, & Laperouse, LLC

701 Poydras St., Suite 4800

New Orleans, LA 70139

 

Court Documents

#9

(#9) FIRST SUPPLEMENTAL AND AMENDING COMPLAINT against ABC Professional Tree Services, Inc., Jose T Milian, Old Republic General Insurance Company, BDG Trees, L.L.C., filed by Sarah Graves, Cecil Merlin Graves III.(KAH) (Entered: 10/04/2019)

#8

(#8) STATUS REPORT by All Plaintiffs. (LeBlanc, Collin) (Entered: 10/03/2019)

6 #2

Proposed Pleading;

6 #1

Proposed Pleading;

#6

(#6) Unopposed MOTION for Leave to File First Supplemental and Amending Complaint by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;)(LeBlanc, Collin) (Entered: 10/02/2019)

4 #2

Proposed Pleading; Order

4 #1

*Restricted*

#4

(#4) Unopposed MOTION for Leave to File First Supplemental and Amending Complaint by All Plaintiffs. (Attachments: #1 Proposed Pleading; Amended Complaint, #2 Proposed Pleading; Order)(LeBlanc, Collin) (Entered: 09/25/2019)

#3

(#3) Defendants' ANSWER to Complaint with Jury Demand by ABC Professional Tree Services, Inc., Old Republic General Insurance Company.(Davies, Trevor) (Entered: 08/27/2019)

#2

(#2) SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 10/17/2019 at 02:30 PM in chambers. Status Report due by 10/3/2019. Signed by Magistrate Judge Erin Wilder-Doomes on 8/19/2019. (SWE) (Entered: 08/19/2019)

1 #2

CIVIL COVER SHEET

1 #1

Exhibit A

#1

(#1) NOTICE OF REMOVAL from 20TH JDC PARISH OF EAST FELICIANA, Case Number 45767. (Filing fee $ 400 receipt number ALAMDC-1986044), filed by Old Republic Insurance Company, ABC Professional Tree Services, Inc.. (Attachments: #1 Exhibit A, #2 CIVIL COVER SHEET)(Davies, Trevor) (Attachment 2 replaced on 8/16/2019 to flatten the document) (KMW). (Entered: 08/15/2019)

4 More Documents Available

 

Docket Entries

  • 10/09/2019
  • (#10) Notice to Counsel: In light of all defendants having not made an appearance, Scheduling Conference is reset for 2/6/2020 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 1/23/2020. the (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 10/09/2019)

    Read MoreRead Less
  • 10/03/2019
  • View Court Documents
  • (#9) FIRST SUPPLEMENTAL AND AMENDING COMPLAINT against ABC Professional Tree Services, Inc., Jose T Milian, Old Republic General Insurance Company, BDG Trees, L.L.C., filed by Sarah Graves, Cecil Merlin Graves III.(KAH) (Entered: 10/04/2019)

    Read MoreRead Less
  • 10/03/2019
  • View Court Documents
  • (#8) STATUS REPORT by All Plaintiffs. (LeBlanc, Collin) (Entered: 10/03/2019)

    Read MoreRead Less
  • 10/03/2019
  • View Court Documents
  • (#7) ORDER: The #6 Unopposed Motion for Leave to File First Supplemental and Amending Complaint is GRANTED. The Clerk is directed to file the First Supplemental and Amending Complaint (R. Doc. 6-2) into the record, which will become the operative complaint in this suit. Signed by Magistrate Judge Erin Wilder-Doomes on 10/3/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 10/03/2019)

    Read MoreRead Less
  • 10/02/2019
  • View Court Documents
  • MOTION(S) REFERRED: #6 Unopposed MOTION for Leave to File First Supplemental and Amending Complaint . This motion is now pending before the USMJ. (LT) (Entered: 10/02/2019)

    Read MoreRead Less
  • 10/02/2019
  • View Court Documents
  • (#6) Unopposed MOTION for Leave to File First Supplemental and Amending Complaint by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;)(LeBlanc, Collin) (Entered: 10/02/2019)

    Read MoreRead Less
  • 10/01/2019
  • View Court Documents
  • (#5) ORDER: Regarding the #4 Unopposed Motion for Leave to File First Supplemental and Amending Complaint, it is the undersigned's practice to require amended pleadings to be comprehensive (i.e., the proposed amended pleading must include all of plaintiffs allegations as supplemented, amended, and revised without incorporation of any previous pleading). Here, plaintiff's proposed First Supplemental and Amending Complaint is not comprehensive. Additionally, although this Court's federal subject matter jurisdiction is based on diversity, the proposed First Supplemental and Amending Complaint does not adequately set forth the citizenship of BDG Trees, LLC ("BDG") by alleging the members of BDG and each members' citizenship. See, Turner Bros. Crane and Rigging, LLC v. Kingboard Chemical Holding Ltd., Civil Action No. 06-88, 2007 WL 2848154, at *4-5 (M.D. La. Sept. 24, 2007) ("when partners or members are themselves entities or associations, the citizenship must be traced through however many layers of members or partners there may be, and failure to do [sic] can result in dismissal for want of jurisdiction."). Accordingly, IT IS HEREBY ORDERED that the #4 Unopposed Motion for Leave to File First Supplemental and Amending Complaint is DENIED WITHOUT PREJUDICE to plaintiff's right to file a motion for leave to amend that attaches a proposed pleading that is comprehensive and which adequately alleges the citizenship of BDG Trees, LLC. Signed by Magistrate Judge Erin Wilder-Doomes on 10/1/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 10/01/2019)

    Read MoreRead Less
  • 09/26/2019
  • View Court Documents
  • MOTION(S) REFERRED: #4 Unopposed MOTION for Leave to File First Supplemental and Amending Complaint . This motion is now pending before the USMJ. (LT) (Entered: 09/26/2019)

    Read MoreRead Less
  • 09/25/2019
  • View Court Documents
  • (#4) Unopposed MOTION for Leave to File First Supplemental and Amending Complaint by All Plaintiffs. (Attachments: #1 Proposed Pleading; Amended Complaint, #2 Proposed Pleading; Order)(LeBlanc, Collin) (Entered: 09/25/2019)

    Read MoreRead Less
  • 08/27/2019
  • View Court Documents
  • (#3) Defendants' ANSWER to Complaint with Jury Demand by ABC Professional Tree Services, Inc., Old Republic General Insurance Company.(Davies, Trevor) (Entered: 08/27/2019)

    Read MoreRead Less
  • 08/19/2019
  • View Court Documents
  • (#2) SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 10/17/2019 at 02:30 PM in chambers. Status Report due by 10/3/2019. Signed by Magistrate Judge Erin Wilder-Doomes on 8/19/2019. (SWE) (Entered: 08/19/2019)

    Read MoreRead Less
  • 08/15/2019
  • View Court Documents
  • (#1) NOTICE OF REMOVAL from 20TH JDC PARISH OF EAST FELICIANA, Case Number 45767. (Filing fee $ 400 receipt number ALAMDC-1986044), filed by Old Republic Insurance Company, ABC Professional Tree Services, Inc.. (Attachments: #1 Exhibit A, #2 CIVIL COVER SHEET)(Davies, Trevor) (Attachment 2 replaced on 8/16/2019 to flatten the document) (KMW). (Entered: 08/15/2019)

    Read MoreRead Less