Opinion

Johnson v. Allstate Insurance Company

Court
District Court, E.D. Louisiana
Filed
Mar 8, 2024
Cited by
0 cases
Authority
More cited than 22.4%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

ANTHONY JOHNSON CIVIL ACTION

VERSUS NO. 24-314

ALLSTATE INSURANCE COMPANY ET AL SECTION “L” (2)

ORDER

Before the Court is Plaintiff Anthony Johnson’s (“Johnson”) Motion to Remand to State

Court, R. Doc. 5. Defendant Allstate Insurance Company (“Allstate”) opposes the motion. R. Doc.

9. After a review of the record, briefings, and applicable law, the Court rules as follows.

I. BACKGROUND & PRESENT MOTION

This case arises out of an automobile accident involving Anthony Johnson which occurred

on November 18, 2022. R. Doc. 1 at 1. Allstate is the uninsured/underinsured carrier of AJ’s

Produce Inc., Johnson’s employer. Id. At the time of the accident, Johnson was allegedly in the

course and scope of his employment. Id. Johnson sued Allstate in the Civil District Court for the

Parish of Orleans on November 13, 2023 and served Allstate on December 5, 2023. Id.1 On

February 2, 2024, Allstate removed to federal court on the basis of diversity jurisdiction, asserting

that Johnson is a resident of Louisiana, Allstate is domiciled in Illinois, and the amount in

controversy exceeds $75,000. Id. at 2-3. Upon removal, the Clerk of Court issued a directive to

Allstate as the removing party, instructing it to file into the record within fourteen days various

1 There is an additional named defendant, Ebonie Aejah Cambre, although the record indicates that she has not been

served nor does she have counsel enrolled.

information, such as the remaining parties, all state court pleadings, and copies of service returns

that were filed in state court. R. Doc. 3.

Johnson filed the instant motion to remand arguing that removal was untimely because

Allstate was required to remove within 30 days of being served and instead removed 61 days after

it was served, and additionally that fourteen days had elapsed and Allstate had not complied with

the Clerk’s directive, “rendering the subject Removal defective.” R. Doc. 5-1 at 2-3. Noting that

Allstate was served on December 5, 2023, and then removed on February 5, 2024, Johnson argues

removal was not timely. Id. Johnson provides no authority to support remand on the basis of failure

to comply with the Clerk’s directive.

Allstate opposes the motion, arguing that the initial pleading in this case failed to state an

amount in controversy at all and therefore Allstate had no reason to believe the matter was

removable. R. Doc. 9 at 2-3. Upon receipt of responses to written discovery, however, Allstate

represents that it learned the amount in controversy satisfied diversity jurisdiction, bringing its

removal under 28 U.S.C. § 1446(b)(3). Id. at 3. Allstate claims it received Johnson’s responses to

Requests for Admissions on January 23, 2024 admitting that his damages exceed $75,000. Id.

(citing R. Doc. 9-2). Therefore, Allstate argues, its notice of removal was timely because it was

within thirty days of receiving these “other papers” under § 1446(b)(3) and it was timely under §

1446(c)(1) because it was filed within a year from the commencement of the action. Id.

Lastly, Allstate notes that failing to comply with the Clerk’s directive does not render a

motion defective. Id. at 4. In Louisiana State v. Arais-Elwin, the court observed that the defendant

did not comply with the Clerk’s directive to file the complete state record, but nevertheless did not

remand on these grounds, nor did it prevent the court from analyzing the substantive issues it faced.

No. 18-4243, 2019 WL 668627, at *1 n.2 (E.D. La. Feb. 19, 2019). Allstate argues that if

noncompliance with the Clerk’s directive were fatal, that court would have remanded on those

grounds alone. R. Doc. 9 at 4.

II. APPLICABLE LAW

28 U.S.C. § 1441 provides that “any civil action brought in a State court of which the

district courts of the United States have original jurisdiction, may be removed by the defendant or

the defendants, to the district court of the United States for the district and division embracing the

place where such action is pending.” Accordingly, a defendant may remove a case to federal court

if the federal court would have had original jurisdiction over the action. “Federal courts are courts

of limited jurisdiction,” possessing “only that power authorized by Constitution and statute.” Gunn

v. Minton, 568 U.S. 251, 256 (2013) (quoting Kokkonen v. Guardian Life Insurance Co. of

America, 511 U.S. 375, 377 (1994)). The Fifth Circuit has explained that the removal statute should

be strictly construed. Manguno v. Prudential Prop. & Cas. Ins. Co., 276 F.3d 720, 723 (5th Cir.

2002). Any doubt concerning the basis of jurisdiction should be resolved in favor of remand. Acuna

v. Brown & Root, 200 F.3d 335, 339 (5th Cir. 2000). Once a motion to remand has been filed, the

burden is on the defendant to prove, by a preponderance of the evidence, that federal jurisdiction

exists. De Aguilar v. Boeing Co., 47 F.3d 1404, 1412 (5th Cir. 1995).

In general, a defendant who wishes to remove an action first filed in state court must file a

notice of removal within thirty days of being served or provided with the initial pleading or being

served with a summons, “whichever period is shorter.” 28 U.S.C. § 1446(b)(1). If, however, the

initial pleading does not state a case which is removable on its face, “a notice of removal may be

filed within thirty days after receipt by the defendant, through service or otherwise, of a copy of

an amended pleading, motion, order, or other paper from which it may first be ascertained that the

case is one which is or has become removable.” Id. at § 1446(b)(3). If the initial pleading states a

case that cannot be removed solely because the amount in controversy does not exceed the

diversity jurisdiction threshold, then “information relating to the amount in controversy in the

record of the State proceeding, or in responses to discovery, shall be treated as an ‘other paper’

under subsection (b)(3).” Id. at § 1446(c)(3)(A). Cases that are removable based on diversity

cannot be removed pursuant to § 1446(b)(3) “more than 1 year after commencement of the action”

absent plaintiffs bad faith in attempting to prevent removal. /d. at § 1446(c)(1).

I. DISCUSSION

The Court is satisfied that the notice of removal is timely under § 1446(b)(3). The initial

pleading did not specify an amount in controversy and therefore did not put Allstate on notice that

the case was removable. See R. Doc. 1-2. However, once Allstate received “information relating

to the amount in controversy ... in response to discovery,” this amounted to an “other paper”

under § 1446(b)(3) and Allstate timely filed its removal notice within thirty days. That Allstate did

not comply initially with the Clerk’s directive is not fatal, and the record shows that Allstate

ultimately filed its notice of compliance on February 28, 2024. R. Doc. 7. The Court will not

remand on this basis alone.

Accordingly, for the foregoing reasons, Johnson’s motion to remand is DENIED.

New Orleans, Louisiana, this 7th day of March, 2024.

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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