Coleman v. Cartiva, Inc. et al
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Case #: | 3:24-cv-00970 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1332 Diversity-(Citizenship) |
| Case Filed: | Apr 22, 2024 |
| Last checked: Monday Apr 22, 2024 12:11 PM CDT |
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Defendant
Cartiva, Inc.
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Defendant
Stryker B.V.
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IMPORTANT! Select Party Role
Wright Medical Group NV
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Plaintiff
Cathy Coleman
Nachawati Law Group 5489 Blair Rd
Dallas, TX 75231 |
Represented By
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| Docket last updated: 05/13/2024 11:59 PM CDT |
| Tuesday, April 23, 2024 | ||
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order
Order
Tue 04/23 10:06 AM
ELECTRONIC ORDER: Before the Court is Plaintiff Cathy Coleman's First Amended Complaint. Doc. No. 4. Ms. Coleman appears to have filed her First Amended Complaint in response to the Courts April 22, 2024 order requiring her to allege the citizenships of each Defendant. Doc. No. 3. While Ms. Coleman has complied with that order insofar as she has alleged Defendants Cartiva, Inc. and Stryker B.V.'s states of incorporation, she has not alleged Defendant Wright Medical Group, N.V.'s state of incorporation. Doc. No. 4 at 1-2. Accordingly, the Court ORDERS Ms. Coleman to further amend her First Amended Complaint in accordance with the Court's April 22 order. (Ordered by Judge Ed Kinkeade on 4/23/2024) (chmb) |
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| Monday, April 22, 2024 | ||
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service
Summons Issued
Mon 04/22 10:58 PM
Summons Issued as to Cartiva Inc, Stryker B V, Wright Medical Group NV. (axm) |
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qcref
Kinkeade
Mon 04/22 10:56 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. (axm) |
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cmp
Amended Complaint
Mon 04/22 2:24 PM
FIRST AMENDED COMPLAINT WITH JURY DEMAND against Cartiva, Inc., Stryker B.V., Wright Medical Group NV filed by Cathy Coleman. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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. (McDowell, Darren) |
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order
Order
Mon 04/22 1:01 PM
ELECTRONIC ORDER: Before the Court is Plaintiff Cathy Coleman's Complaint. Doc. No. 1. Ms. Coleman invokes the Court's diversity jurisdiction as the basis for her suit. Doc. No. 1-1 at 1; 28 U.S.C. § 1332(a). Accordingly, Ms. Coleman must "distinctly and affirmatively" allege the citizenship of each party so that the Court can determine whether her citizenship differs from the citizenship of each Defendant. Getty Oil Corp., Div. of Texaco, Inc. v. Ins. Co. of N. Am. , 841 F.2d 1254, 1259 (5th Cir. 1988) (citation omitted). Having reviewed Ms. Coleman's Complaint under its obligation to assess subject matter jurisdiction sua sponte , Howery v. Allstate Ins. Co. , 243 F.3d 912, 919 (5th Cir. 2001), the Court concludes that Ms. Coleman has not sufficiently alleged the citizenships of the Defendants. Ms. Coleman alleges that each Defendant is a corporation and provides its principal place of business. Doc. No. 1 at 1-2. While a corporation is a citizen of the state where it maintains its principal place of business, it is also a citizen of the state of its incorporation. 28 U.S.C. § 1332(c)(1). Ms. Coleman has not alleged under which states' laws Defendants incorporated. The Court therefore ORDERS Ms. Coleman to amend her complaint to properly allege Defendants' citizenships no later than May 6, 2024. If Ms. Coleman does not timely comply with this order, the Court WILL DISMISS her claims without prejudice for lack of jurisdiction. (Ordered by Judge Ed Kinkeade on 4/22/2024) (chmb) |
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6
pgs
order
Order
Mon 04/22 12:27 PM
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 4/22/2024) (chmb) |
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45
pgs
cmp
Complaint
Mon 04/22 11:47 AM
COMPLAINT WITH JURY DEMAND against Cartiva, Inc., Stryker B.V., Wright Medical Group NV filed by Cathy Coleman. (Filing fee $405; Receipt number ATXNDC-14557943) Plaintiff will submit summons(es) for issuance. 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, instructions, and exemption information may be 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. (McDowell, Darren) (Attachments 2, 3, and 4 replaced on 4/22/2024 to flatten pdf) (axm) |
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Att: 1
Cover Sheet,
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Att: 2
Summons,
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Att: 3
Summons,
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Att: 4
Summons
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