BW Enterprises USA Holdings, LLC et al v. Society Insurance
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Case #: | 3:24-cv-00980 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Insurance Contract |
| Case Filed: | Apr 22, 2024 |
| Case in other court: | 160th Judicial District Court, Dallas County, DC-24-04616 |
| Last checked: Monday Apr 22, 2024 4:14 PM CDT |
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Defendant
Society Insurance
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Represented By
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Plaintiff
BW Enterprises II, LLC
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Represented By
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Plaintiff
BW Enterprises USA Catering, LLC
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Represented By
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Plaintiff
BW Enterprises USA Holdings, LLC
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Represented By
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| Docket last updated: 05/14/2024 11:59 PM CDT |
| Monday, May 13, 2024 | ||
| 16 | 16
order
Order on Motion for Miscellaneous Relief
Mon 05/13 4:24 PM
ELECTRONIC ORDER - Before the Court is Defendant Society Insurance's Motion for Leave to Proceed Without Local Counsel (the "Motion"). Doc. No. 14. Upon consideration of the same, the Court GRANTS the Motion. Defendant may proceed without local counsel at this time. The Court may at any time require Defendant to file an entry of appearance of local counsel and comply with Local Civil Rule 83.10. (Ordered by Judge Ed Kinkeade on 5/13/2024) (chmb) |
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| 15 | 15
notice
Notice of Attorney Appearance
Mon 05/13 1:51 PM
NOTICE of Attorney Appearance by John David Reed on behalf of BW Enterprises II, LLC, BW Enterprises USA Catering, LLC, BW Enterprises USA Holdings, LLC. (Filer confirms contact info in ECF is current.) |
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| Friday, May 10, 2024 | ||
| 14 | 14
motion
Miscellaneous Relief
Fri 05/10 4:34 PM
MOTION Leave to Proceed w/o Local Counsel filed by Society Insurance with Brief/Memorandum in Support. (Canto, Gabriel) |
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| Thursday, May 02, 2024 | ||
| 13 | 13
misc
Amended Document
Thu 05/02 11:52 AM
AMENDED DOCUMENT by Society Insurance. Amendment to1 Notice of Removal,,,,10 Amended Document,. Second Amended Notice of Removal . (Canto, Gabriel) |
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Att: 1
Exhibit(s) Plaintiffs' Original Petition (State Court),
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Att: 2
Exhibit(s) State Court Docket Sheet,
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Att: 3
Exhibit(s) Cert of Formation for BW Enterprises,
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Att: 4
Exhibit(s) Cert of Formation for BW Catering,
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Att: 5
Exhibit(s) Cert of Formation for BW USA
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| Monday, April 29, 2024 | ||
| 12 | 12
misc
Certificate Of Interested Persons/Disclosure Statement
Mon 04/29 6:46 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Society Insurance. (Clerk QC note: No affiliate entered in ECF). (Canto, Gabriel) |
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| 11 | 11
order
Order
Mon 04/29 1:11 PM
ELECTRONIC ORDER: Before the Court is Defendant Society Insurance's ("Society") First Amended Notice of Removal. Doc. No. 10. In accordance with the Court's order of April 22, 2024, Society has affirmatively identified the members of the limited liability company Plaintiffs, allegedly a single individual. Doc. No. 3. However, Society has not alleged the citizenship of this individual. Society provides what appear to be the individuals address of residence, but "residency is not citizenship" for purposes of diversity jurisdiction. SXSW, L.L.C. v. Fed. Ins. Co. , 83 F.4th 405, 408 (5th Cir. 2023). Accordingly, the Court ORDERS Society to further amend its notice of removal to allege the citizenships of all members of the limited liability company Plaintiffs no later than May 6, 2024. Failure to timely comply with this order WILL RESULT in the remand of this case without further notice. 28 U.S.C. § 1447(c). (Ordered by Judge Ed Kinkeade on 4/29/2024) (chmb) |
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| Friday, April 26, 2024 | ||
| 10 | 10
misc
Amended Document
Fri 04/26 2:08 PM
AMENDED DOCUMENT by Society Insurance. Amendment to1 Notice of Removal,,,,. . (Canto, Gabriel) |
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Att: 1
Exhibit(s) Plaintiffs' Original Petition (State Court),
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Att: 2
Exhibit(s) State Court Docket Sheet,
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Att: 3
Exhibit(s) Cert of Formation for BW Enterprises,
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Att: 4
Exhibit(s) Cert of Formation for BW Catering,
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Att: 5
Exhibit(s) Cert of Formation for BW USA
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| 9 | 9
notice
Notice of Attorney Appearance
Fri 04/26 2:03 PM
NOTICE of Attorney Appearance by Gabriel Canto for Bob Chadwick on behalf of Society Insurance. (Canto, Gabriel) |
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| 8 | 8
notice
Notice of Attorney Appearance
Fri 04/26 1:55 PM
NOTICE of Attorney Appearance by Lorne Grant Hiller on behalf of Society Insurance. (Filer confirms contact info in ECF is current.) (Hiller, Lorne) |
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| Monday, April 22, 2024 | ||
| 7 | 7
qcref
Kinkeade
Tue 04/23 11:03 AM
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. (cfk) |
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| 6 | 6
order
Order
Mon 04/22 4:57 PM
ELECTRONIC ORDER: ELECTRONIC ORDER: Local Civil Rule 83.10(a) requires the appearance of local counsel where the attorney of record for a party does not reside or maintain their principal office in this district. By May 14, 2024, Defendant Society Insurance, shall file the entry of appearance of local counsel satisfying the requirements of Local Civil Rule 83.10(a). Failure to do so may result in sanctions being imposed for failure to comply with an order of the Court. (Ordered by Judge Ed Kinkeade on 4/22/2024) (chmb) |
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| 5 | 5
6
pgs
order
Order for Scheduling Order Proposal
Mon 04/22 4:55 PM
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 4/22/2024) (chmb) |
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| 4 | 4
6
pgs
order
Order
Mon 04/22 4:55 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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| 3 | 3
order
Order
Mon 04/22 4:24 PM
ELECTRONIC ORDER: Before the Court is Defendant Society Insurance's ("Society") Notice of Removal. Doc. No. 1. Society bases its removal of this case on the Court's diversity jurisdiction. Id. at 2; 28 U.S.C. §§ 1332(a), 1441(a). Accordingly, Society must "distinctly and affirmatively" allege the citizenship of each party so that the Court can determine whether Society's citizenship differs from the citizenship of each Plaintiff. 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 Society's Notice of Removal 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 Society has not sufficiently alleged Plaintiffs; citizenships. Because Plaintiffs are limited liability companies, their citizenships depend on the citizenships of their members, and Society must "specifically allege the citizenship of every member" of each limited liability company. MidCap Media Fin., L.L.C. v. Pathway Data, Inc. , 929 F.3d 310, 314 (5th Cir. 2019) (citation omitted). Society fails to exhaustively allege the citizenships of each Plaintiff's members, including managing and non-managing members. Society's assertion that Plaintiffs have no members within the state of Wisconsin does not address the citizenships of Plaintiffs' members, much less affirmatively allege those citizenships. Doc. No. 1 at 2. Society must identify each member of each Plaintiff and affirmatively allege each member's citizenship. Sourcing Mgmt., Inc. v. Simclar, Inc. , 2015 WL 2212344, at *4 (N.D. Tex. May 12, 2015) (Lindsay, J.); Birdow v. State Farm Mut. Auto. Ins. Co. , 2021 WL 5448973, at *4 (N.D. Tex. Nov. 22, 2021) (Boyle, J.). Accordingly, the Court ORDERS Society to amend its Notice of Removal to properly allege Plaintiffs' citizenships no later than May 6, 2024. Failure to timely comply with this order WILL RESULT in the remand of this case without further notice. 28 U.S.C. § 1447(c). (Ordered by Judge Ed Kinkeade on 4/22/2024) (chmb) |
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| 2 | 2
misc
Additional Attachments to Main Document
Mon 04/22 4:16 PM
ADDITIONAL ATTACHMENTS to1 Notice of Removal,,,, by Defendant Society Insurance. (Canto, Gabriel) |
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| 1 | 1
notice
Notice of Removal
Mon 04/22 3:57 PM
NOTICE OF REMOVAL filed by Society Insurance. (Filing fee $405; receipt number ATXNDC-14559532) 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. (Canto, Gabriel) |
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Att: 1
Exhibit(s) Plaintiffs' Original Petition (State Court),
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Att: 2
Exhibit(s) State Court Docket Sheet
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