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Mallery v. Becker

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION
Jan 6, 2014
CIVIL ACTION NO. 13-cv-2790 (W.D. La. Jan. 6, 2014)
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Summary

finding that proposed claims stated a valid cause of action because defendants "have not argued that the claims sought to be added by the proposed amendment cannot be valid, as a matter of law, on the facts at issue"

Summary of this case from Agyei v. Endurance Power Prods., Inc.
See 5 Summaries

Opinion

CIVIL ACTION NO. 13-cv-2790

01-06-2014

EDNA MALLERY v. CAREN BECKER AND PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY

REBECCA F. DOHERTY

JUDGE DOHERTY


MAGISTRATE JUDGE HANNA


JUDGMENT

The plaintiff's Motion to Amend Complaint and Remand Case to State Court[Rec. Doc. 7] was referred to United States Magistrate Judge Patrick J. Hanna for report and recommendation, which was issued December 2, 2013[Rec. Doc. 16]. After an independent review of the record, and absent any objections, this Court concludes that the Magistrate Judge's report and recommendation is correct and adopts the findings and conclusions therein as its own. Accordingly, the plaintiff's motion is GRANTED, and this matter shall be REMANDED to the state district court from which it was removed.

__________

REBECCA F. DOHERTY

United States District Judge

Summaries of

Mallery v. Becker

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION
Jan 6, 2014
CIVIL ACTION NO. 13-cv-2790 (W.D. La. Jan. 6, 2014)

finding that proposed claims stated a valid cause of action because defendants "have not argued that the claims sought to be added by the proposed amendment cannot be valid, as a matter of law, on the facts at issue"

Summary of this case from Agyei v. Endurance Power Prods., Inc.

finding that proposed claims stated a valid cause of action because defendants "have not argued that the claims sought to be added by the proposed amendment cannot be valid, as a matter of law, on the facts at issue"

Summary of this case from Agyei v. Endurance Power Prods., Inc.

In Mallery v. Becker, 2014 WL 60327 (W.D. La. Jan. 7, 2014) and Staten v. Guardiola, 2019 WL 2396956 (W.D. La. June 5, 2019), the plaintiffs were passengers in a vehicle which was involved in an accident with another vehicle.

Summary of this case from Simien v. Royal Freight LP

In Mallery, the court allowed the amendment where the plaintiff moved for it twenty-seven days after the defendants filed their answer, 2014 WL 60327 at *4; in Staten, the plaintiff moved to file her motion nineteen days after the defendants answered, 2019 WL 2396965 at *2.

Summary of this case from Simien v. Royal Freight LP

allowing an amendment where a plaintiff asserted valid claims against a non-diverse defendant

Summary of this case from Boyce v. CitiMortgage, Inc.
Case details for

Mallery v. Becker

Case Details

Full title:EDNA MALLERY v. CAREN BECKER AND PROGRESSIVE COUNTY MUTUAL INSURANCE…

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

Date published: Jan 6, 2014

Citations

CIVIL ACTION NO. 13-cv-2790 (W.D. La. Jan. 6, 2014)

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