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Batiste v. Doe

United States District Court, M.D. Louisiana

July 18, 2018

CEDRIC BATISTE AND SHEREDA BATISTE
v.
JOHN DOE, CANAL INSURANCE COMPANY, JOSE CORTEZ d/b/a JOE'S TRANSPORT AND JOE'S TRANSPORT

          NOTICE AND ORDER

          ERIN WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE.

         This is a civil action involving claims for damages based upon the injuries allegedly sustained by Cedric Batiste and Shereda Batiste (collectively, “Plaintiffs”) on May 26, 2017 in East Baton Rouge Parish when Plaintiffs' 2007 Jeep Liberty was allegedly struck on the passenger side by an 18-wheeler driven by an unknown driver and owned by Defendant Jose Cortez, d/b/a Jose's Transport.[1] On or about May 18, 2018, Plaintiffs filed their Petition for Damages (“Petition”) against John Doe (the unknown driver), Jose Cortez, d/b/a Joe's Transport (“Cortez”), Joe's Transport, and Canal Insurance Company (“Canal”) (collectively, “Defendants”) in the Nineteenth Judicial District Court for the Parish of East Baton Rouge.[2] On July 11, 2018, Defendants Cortez and Canal removed this matter to this Court asserting that this Court has diversity jurisdiction under 28 U.S.C. § 1332.[3]

         The Notice of Removal makes the following allegations regarding the citizenship of the parties:

5.
John Doe is a fictitious name and not a proper party to the subject lawsuit. Claimants did not request service on him.
6.
Claimant, Cedric Batiste, is a resident and citizen of the State of Louisiana.
7.
Claimant, Shereda Batiste, is a resident and citizen of the State of Louisiana.
8.
Defendant, Canal Insurance Company, is a corporation organized and existing under the laws of the state of South Carolina having its principal place of business in the state of South Carolina. Therefore, Canal Insurance Company is a citizen of the State of South Carolina.
9.
Defendant, Jose Cortez d/b/a Joe's Transport is a resident and citizen of ...

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