Rebecca Truck Plaza & Casino, LLC v. Landmark American Insurance Company, No. 2:2022cv03790 - Document 20 (E.D. La. 2023)
Court Description: ORDER AND REASONS denying 17 Motion to Remand to State Court. Signed by Judge Wendy B Vitter on 5/30/23. (cg)
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Rebecca Truck Plaza & Casino, LLC v. Landmark American Insurance Company Doc. 20 Case 2:22-cv-03790-WBV-DPC Document 20 Filed 05/30/23 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA REBECCA TRUCK PLAZA & CASINO, LLC CIVIL ACTION VERSUS NO. 22-3790 LANDMARK AMERICAN INSURANCE COMPANY SECTION: D (2) ORDER AND REASONS Before the Court is Plaintiff’s Motion to Remand, filed by Rebecca Truck Plaza & Casino, LLC.1 Defendant, Landmark American Insurance Company, opposes the Motion.2 The submission date on the Motion was November 29, 2022.3 As such, the matter is ripe for determination. After careful consideration of the parties’ memoranda and the applicable law, the Motion is DENIED for the reasons set forth in Landmark American Insurance Company’s Opposition brief. Additionally, the Court points out that Plaintiff’s counsel, in a telephone status conference held with the Court on November 4, 2022, confirmed that defense counsel had correctly named the members of Rebecca Truck Plaza & Casino, LLC in its Amended and Supplemental Notice of Removal and that the members were citizens of Louisiana. 4 It is perplexing, at best, that Plaintiff has now filed a Motion to Remand, seeming to rely on information that was not disclosed to opposing counsel or to the Court during that telephone status conference. Perhaps even more R. Doc. 17. R. Doc. 19. 3 R. Doc. 17. 4 R. Doc. 15; See, R. Doc. 11. 1 2 Dockets.Justia.com Case 2:22-cv-03790-WBV-DPC Document 20 Filed 05/30/23 Page 2 of 2 troubling, however, is that the information now relied upon by Plaintiff from the Louisiana Secretary of State’s website is dated 20045 and ignores the more recent information submitted by Plaintiff from the same Louisiana Secretary of State website that is dated 2018.6 The Court will not entertain such tactics. New Orleans, Louisiana, May 30, 2023. ______________________________ WENDY B. VITTER United States District Judge 5 6 R. Doc. 17-1 at p. 4 (citing R. Doc. 17-2). See, R. Doc. 17-2 at pp. 10-11. R. Doc. 17-2 at p. 12.
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