United States District Court, M.D. Louisiana
PHILIP M. ZIEGLER
LIONEL WEATHERSPOON, ET AL.
NOTICE AND ORDER
WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE
October 12, 2018, plaintiff, Philip Ziegler
(“Plaintiff”) filed a Petition for Damages
against Lionel Weatherspoon (“Weatherspoon”),
Progressive Security Insurance Company
(“Progressive”), The Hanover American Insurance
Company (“Hanover”), and James River Insurance
Company (“James River”) for damages allegedly
sustained in an October 13, 2017 automobile
accident. On April 22, 2019, James River filed a
Notice of Removal pursuant to 28 U.S.C. §
1332. On May 9, 2019, the original Notice of
Removal was substituted to adequately allege the citizenship
of all named parties.
Amended Notice of Removal, James River asserts that although
Weatherspoon and Progressive are not diverse from Plaintiff,
prior to filing the Notice of Removal, Plaintiff filed a
voluntary motion to dismiss Weatherspoon and
Progressive. James River further asserts that
“since the filing of the Notice of Removal, Judge
Richard ‘Chip' Moore of the 19th
Judicial District Court granted an Order dismissing”
these non-diverse parties. An order dismissing Weatherspoon and
Progressive was signed by the state court judge on April 26,
Court may disregard the citizenship of nominal or formal
parties when determining diversity jurisdiction,
based on the representations of James River, it appears that
Plaintiff is not pursuing claims against Weatherspoon or
Progressive. Because it appears that a voluntary act of
Plaintiff has effectively eliminated the nondiverse
defendants from this suit, the Court will terminate
Weatherspoon and Progressive as parties on the docket unless
an objection to such termination is submitted within ten (10)
days of this Notice and Order.
IT IS HEREBY ORDERED that any party
objecting to the termination of Lionel Weatherspoon and
Progressive Security Insurance Company as defendants on the
docket of this matter shall file a Notice of Objection within
ten (10) days of this Notice and Order.
parties are hereby NOTIFIED that Lionel
Weatherspoon and Progressive Security Insurance Company shall
be TERMINATED as parties on the docket of
this suit in the event no timely Notice of Opposition is
 R. Doc. 1-1.
 R. Doc. 1. With respect to the amount
in controversy, James River asserts that in a March 22, 2019
demand, Plaintiff indicated that he had incurred $49, 433.00
in medicals and was continuing to treat. R. Doc. 1, ¶
13. James River asserts that a future bilateral medial branch
block is estimated to cost $11, 992.00, bringing
Plaintiff's incurred medical expenses to $61, 425.00.
Although the records attached to the Notice of Removal
indicate that Plaintiff settled with Progressive for $15,
000, R. Doc. 1-6, it appears, based on the outstanding
medical expenses, that the amount in controversy likely meets
the jurisdictional threshold.
 R. Docs. 5 & 6.
 R. Doc. 1, ¶¶ 7-9.
 R. Doc. 1, ¶ 13. On May 15, 2019,
and in response to the Court's order requiring Plaintiff
to file either a Notice stating that Plaintiff does not
dispute that James River has established the jurisdictional
requirements of 28 U.S.C. § 1332 or a Motion to Remand,
see, R. Doc. 4, Plaintiff filed a Notice stating
that “he does not dispute that James River Insurance