Richardson v. Family Dollar Stores of Texas, LLC
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Case #: | 3:24-cv-00955 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1441 Petition for Removal- Personal Injury |
| Case Filed: | Apr 19, 2024 |
| Case in other court: | 160th Judicial District Court Dallas County TX, DC-24-03855 |
| Last checked: Friday Apr 19, 2024 10:12 AM CDT |
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Defendant
Family Dollar Stores of Texas, LLC
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Represented By
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Plaintiff
Clarissa Richardson, Individually and as Next Friend of C.T. (Minor)
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Represented By
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| Docket last updated: 05/14/2024 11:59 PM CDT |
| Wednesday, May 01, 2024 | ||
| 13 | 13
misc
Certificate Of Interested Persons/Disclosure Statement
Wed 05/01 10:38 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Clarissa Richardson. (Clerk QC note: No affiliate entered in ECF). (Bauguss, James) |
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| Tuesday, April 30, 2024 | ||
| 12 | 12
order
Order
Tue 04/30 11:49 AM
ELECTRONIC ORDER: On April 22, 2024, the Court entered an order which very clearly directed that "Plaintiff shall ensure [] her respective certificate of interested persons/disclosure statement contains the citizenship disclosure statement required by Rule 7.1(a)(2)." Doc. No. 8. Plaintiff filed said document (Doc. No. 11) and failed to include the citizenship disclosure statement despite the Court's very clearly worded directive. The Court is now duplicating its work needlessly. The Court ORDERS Plaintiff to file, by May 1, 2024 , an amended certificate of interested persons/disclosure statement which names Plaintiff and identifies her citizenship as required by Rule 7.1(a)(2) and previously explained in the Court's previous order. Fed. R. Civ. P. 7.1(a)(2) . (Ordered by Judge Ed Kinkeade on 4/30/2024) (chmb) |
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| Monday, April 29, 2024 | ||
| 11 | 11
misc
Certificate Of Interested Persons/Disclosure Statement
Mon 04/29 1:27 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Clarissa Richardson. (Clerk QC note: No affiliate entered in ECF). (Bauguss, James) |
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| Wednesday, April 24, 2024 | ||
| 10 | 10
misc
Certificate Of Interested Persons/Disclosure Statement
Wed 04/24 10:03 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Family Dollar Stores of Texas, LLC. (Clerk QC note: No affiliate entered in ECF). (Gant, Robin) |
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| 9 | 9
misc
Amended Document
Wed 04/24 10:02 AM
AMENDED DOCUMENT by Family Dollar Stores of Texas, LLC. Amendment to1 Notice of Removal,,,,. . (Gant, Robin) |
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Att: 1
Exhibit(s) A,
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Att: 2
Exhibit(s) B,
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Att: 3
Exhibit(s) C,
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Att: 4
Exhibit(s) D,
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Att: 5
Exhibit(s) E,
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Att: 6
Exhibit(s) F
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| Monday, April 22, 2024 | ||
| 8 | 8
order
Order
Mon 04/22 12:21 PM
ELECTRONIC ORDER: Defendant Family Dollar Stores of Texas, LLC ("Defendant") removed this case to federal court on the basis of diversity jurisdiction, 28 U.S.C. § 1332(a). Doc. No. 1 at 4. "When jurisdiction depends on citizenship, citizenship must be 'distinctly and affirmatively alleged.'" Getty Oil Corp., a Div. of Texaco v. Ins. Co. of N. Am. , 841 F.2d 1254, 1259 (5th Cir. 1988). Defendant failed to properly allege its own citizenship and that of Plaintiff as "next friend" of the minor. "[T]he legal representative of an infant or incompetent shall be deemed to be a citizen of the same State as the infant or incompetent." § 1332(c)(2); see Doc. No. 1 at 4 (alleging only "Plaintiff asserts that she is a resident of Dallas, Dallas County, Texas and is domiciled there. As such, Plaintiff is a citizen of the state of Texas."). As for its own citizenship, Defendant does identify each of its members. Doc. No. 1 at 4-5; see Carden v. Arkoma Assocs. , 494 U.S. 185, 196 (1990). However, Defendant does not identify the citizenship of each individual member. Doc. No. 1 at 4-5 (alleging only the business address for each individual member); see Settlement Funding, L.L.C. v. Rapid Settlements, Ltd. , 851 F.3d 530, 536 (5th Cir. 2017). Defendant fails to allege the parties' citizenship distinctly and affirmatively. The Court has an obligation to examine its subject matter jurisdiction sua sponte at any time. See Ruhrgas AG v. Marathon Oil Co. , 526 U.S. 574, 583 (1999). As the party seeking the federal forum, Defendant bears the burden of establishing subject matter jurisdiction. See St. Paul Reinsurance Co. v. Greenburg , 134 F.3d 1250, 1253 (5th Cir. 1998). At this time, the Court cannot determine whether the parties' citizenship is completely diverse. Defendant may amend its Notice of Removal in accordance with this Order no later than April 29, 2024. If Defendant fails to amend or fails to do so sufficiently, the Court will remand this case without further notice. See 28 U.S.C. § 1447(c). Defendant shall file an amended Disclosure Statement within 3 days of filing its amended Notice of Removal . In cases where subject matter jurisdiction is based on diversity under 28 U.S. C. § 1332(a), Rule 7.1(a)(2) of the Federal Rules of Civil Procedure requires that each party's disclosure statement " name--and identify the citizenship of--every individual or entity whose citizenship is attributed to that party[.] " Fed. R. Civ. P. 7.1(a)(2). Plaintiff shall ensure that her respective certificate of interested persons/disclosure statement contains the citizenship disclosure statement required by Rule 7.1(a)(2). (Ordered by Judge Ed Kinkeade on 4/22/2024) (chmb) |
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| Friday, April 19, 2024 | ||
| 7 | 7
qcref
Kinkeade
Fri 04/19 4:15 PM
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
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| 6 | 6
6
pgs
order
Order for Scheduling Order Proposal
Fri 04/19 12:35 PM
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER (Ordered by Judge Ed Kinkeade on 4/19/2024) (chmb) |
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| 5 | 5
6
pgs
order
Order
Fri 04/19 12:34 PM
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 4/19/2024) (chmb) |
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| 4 | 4
misc
Designation of Lead Counsel
Fri 04/19 9:35 AM
Designation of lead counsel Zach T Mayer for Defendant Family Dollar Stores of Texas, LLC. (Mayer, Zach) |
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| 3 | 3
misc
Certificate Of Interested Persons/Disclosure Statement
Fri 04/19 9:32 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Family Dollar Stores of Texas, LLC. (Clerk QC note: No affiliate entered in ECF). (Gant, Robin) |
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| 2 | 2
misc
Additional Attachments to Main Document
Fri 04/19 9:29 AM
ADDITIONAL ATTACHMENTS to1 Notice of Removal,,,, by Defendant Family Dollar Stores of Texas, LLC. (Gant, Robin) |
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| 1 | 1
notice
Notice of Removal
Fri 04/19 9:19 AM
NOTICE OF REMOVAL WITH JURY DEMAND filed by Family Dollar Stores of Texas, LLC. (Filing fee $405; receipt number ATXNDC-14553523) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Gant, Robin) |
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Att: 1
Cover Sheet,
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Att: 2
Cover Sheet Supplement,
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Att: 3
Additional Page(s)
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