Jones v. Ramos Trinidad

380 F. Supp. 3d 516
CourtDistrict Court, E.D. Louisiana
DecidedMay 8, 2019
DocketCIVIL ACTION CASE NO. 18-13950
StatusPublished
Cited by7 cases

This text of 380 F. Supp. 3d 516 (Jones v. Ramos Trinidad) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Ramos Trinidad, 380 F. Supp. 3d 516 (E.D. La. 2019).

Opinion

NANNETTE JOLIVETTE BROWN, CHIEF JUDGE

Before the Court is Plaintiff Gabriel Jones' ("Plaintiff") "Motion to Remand."1 Having considered the motion, the memoranda in support and in opposition, the record, and the applicable law, the Court will grant the motion and remand this matter to the Civil District Court for the Parish of Orleans, State of Louisiana.

I. Background

Plaintiff filed this lawsuit on November 28, 2017, in the Civil District Court for the Parish of Orleans.2 In the petition, Plaintiff alleges that on December 6, 2016, he was driving a 2014 Volkswagen Jetta on Audubon Boulevard at S. Claiborne Avenue.3 At the same time, Defendant Marie Ann Ramos Trinidad ("Trinidad") was operating a *5182006 Hummer with liability insurance coverage provided by United Services Automobile Association ("USAA").4 Plaintiff alleges that Trinidad ran a stop sign at Audubon Boulevard and S. Claiborne Avenue and struck a 2015 Nissan Altima.5 As a result of the crash, Plaintiff alleges that the Nissan Altima violently collided with Plaintiff's vehicle and caused it to be pushed into another vehicle.6

In the petition, Plaintiff named Trinidad and USAA as defendants.7 Trinidad and Plaintiff were both residents of the state of Louisiana.8 Plaintiff also named his uninsured/underinsured motorist insurance carrier, James River Insurance Company ("James River") as a defendant.9 On May 24, 2018, Plaintiff filed a motion to dismiss defendants Trinidad and USAA, representing that Plaintiff had settled all claims with those defendants.10 On June 6, 2019, the state court granted the motion and dismissed Plaintiff's claims against Trinidad and USAA with prejudice.11

On December 19, 2018, James River removed the case to this Court, alleging complete diversity of citizenship and an amount in controversy exceeding $ 75,000.12 In the Notice of Removal, James River asserts that the notice was timely because it was not served with the Order dismissing Trinidad, the non-diverse defendant, and USAA, and "plaintiff's failure to serve and/or provide any notice whatsoever to James River of the filing of the Motion and Judgment of Partial Dismissal constitutes bad faith because it prevented James River from exercising its right to file a Notice of Removal."13 On January 18, 2019, Plaintiff filed the instant motion to remand.14 On February 4, 2019, James River filed an opposition to the motion to remand.15

II. Parties' Arguments

A. Plaintiff's Arguments in Support of Motion to Remand

In the motion, Plaintiff first asserts that the case should be remanded because removal was not timely.16 Plaintiff notes that the case was removed more than one year after it was filed in state court.17 Plaintiff also notes that the case was removed more than 30 days after the non-diverse defendant was dismissed.18 Furthermore, Plaintiff argues that he did not act in bad faith to prevent removal, as required to allow removal more than one year after the case is filed pursuant to 28 U.S.C. § 1446(c)(1).19

Addressing James River's assertion that it did not receive notice of the order dismissing Trinidad and USAA, Plaintiff contends that his counsel did not file the motion to dismiss USAA with the state court, and he believes "that the custom *519and practice is that often the party filing the judgment circulates it as well."20 Furthermore, Plaintiff notes that James River filed a "Request for Notice" in the trial court, and pursuant to Louisiana Code of Civil Procedure articles 1913 and 1914, he would have received notice from the Clerk of Court of "the signing of any final judgment or the rendition of any interlocutory order of judgment."21

Plaintiff also asserts that review of correspondence between the attorneys reveals that James River was aware that the non-diverse defendant was dismissed.22 Plaintiff notes that his counsel sent an email to counsel for James River on May 30, 2018, requesting discovery responses, but did not copy counsel for the dismissed defendants.23 Plaintiff admits that counsel for James River sent correspondence on June 21, 2018, and did copy counsel for the dismissed defendants.24 However, Plaintiff contends that James River's counsel did not copy the attorneys for the dismissed defendants on any further correspondence.25 Furthermore, Plaintiff notes that a Notice of Deposition was filed by counsel for James River, and the notice was only sent to Plaintiff's counsel.26

Finally, Plaintiff asserts that James River received notice of the dismissal of the non-diverse defendant.27 Specifically, Plaintiff contends that counsel for Trinidad requested that notice of the dismissal be sent to counsel for James River.28 Therefore, Plaintiff contends that "James River has improperly and wrongly alleged bad faith and manipulation of the proceedings."29 Accordingly, Plaintiff argues that "the removal is untimely as to both the one year and thirty-day time delays for such and must be remanded to Orleans Parish Civil District Court."30

B. James River's Arguments in Opposition to the Motion to Remand

In opposition, James River asserts that Plaintiff's failure to properly serve or notify James River of the dismissal of the non-diverse defendant amounts to bad faith and should prevent remand.31 James River notes that Plaintiff voluntarily dismissed USAA and Trinidad on May 24, 2018, but James River asserts it was not aware of the dismissal until November 19, 2018, when its counsel noticed the dismissal while checking the state court record online.32

James River argues that Plaintiff's failure to serve or notify James River of the dismissal of the non-diverse defendant amounts to bad faith under 28 U.S.C. § 1446(c)(1) and should prevent remand.33 James River asserts that under Louisiana law all pleadings must be served on all counsel of record by: (1) mailing a copy to the counsel of record; (2) delivering a copy to the counsel of record; (3) delivering a copy to the clerk of court if there is no *520

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Bluebook (online)
380 F. Supp. 3d 516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-ramos-trinidad-laed-2019.