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McGinnis v. Rooks

United States District Court, M.D. Louisiana

June 12, 2018

KYRON MCGINNIS AND JERMONE JACKSON
v.
RANDALL ROOKS, ET AL

          NOTICE AND ORDER

          ERIN WILDER-DOOMES, UNITED STATES MAGISTRATE JUDGE

         Before the Court is a Notice of Removal filed by defendant Cherokee Insurance Company (“Cherokee”).[1] Cherokee represents that its co-defendants, Royal Trucking Company and Randall Rooks, who have not yet been served, have consented to the removal (without waiving formal service).[2] Cherokee removed this matter from state court on June 6, 2018, asserting that this Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332.[3] The Notice of Removal makes the following allegations regarding the citizenship of the parties:

8.
Despite the allegations of Plaintiffs' Petition that plaintiff, Kyron McGinnis, is a resident of the State of Georgia, the true facts reveal that Kyron McGinnis is a resident of the State of Louisiana
9.
While the police report notes that McGinnis's driver's license was issued by the State of Georgia, the report also notes that the area code of his telephone number is for the New Orleans area (504). See State of Louisiana Uniform Motor Vehicle Traffic Crash Report, attached hereto as Exhibit “D.”
10.
Plaintiff McGinnis's medical records demonstrate that he has received care and/or treatment repeatedly and constantly in the New Orleans area from the time of July 14, 2017 accident through the present. In fact, on July 19, 2017, four days after the subject accident, McGinnis was initially seen at LA Health Solutions and listed his New Orleans address. See attached Exhibit “E”, Patient Intake Form from LA Health Solutions.
11.
Plaintiff has continued to treat at LA Health Solutions through at least March 16, 2018. See attached Exhibit “F”, bill from LA Health Solutions. All of plaintiff's medical treatment from the date of the accident has been in the State of Louisiana.
12.
Additionally, when McGinnis's vehicle was appraised following the subject accident, he provided his New Orleans address. See attached Exhibit “G”, Bayou Appraisal Service, Inc., appraisal report.
13.
Based upon the New Orleans area address given by McGinnis to his medical providers, his New Orleans area telephone number, and his continued and constant treatment in New Orleans over the period of approximately half a year, it is clear that Plaintiff Kyron McGinnis is not, in fact, a resident and domiciliary of Georgia, as claimed in his Petition. Rather, he is resides in New Orleans. A ...

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