Alford v. Cambre and Associates, LLC et al

Texas Northern District Court
Judge:Ed Kinkeade
Case #: 3:24-cv-00993
Nature of Suit360 Torts - Personal Injury - Other Personal Injury
Cause28:1332 Diversity - Legal Malpractice
Case Filed:Apr 23, 2024
Terminated:May 02, 2024
Last checked: Wednesday Apr 24, 2024 3:07 AM CDT
Defendant
Glenn Cambre
3134 Smokestone Ct NE
Atlanta, GA 30345
Defendant
Cambre and Associates, LLC
2301 Parklake dr Ste 300
Atlanta, GA 30345
Defendant
Candice Liverpool-Settle
303 VIsta Ct
Canton, GA 30114
Plaintiff
Charity Alford
Represented By
Robert C Newark, III
A Newark Firm
contact info


Docket last updated: 05/14/2024 11:59 PM CDT
Thursday, May 02, 2024
11 11 order Order of Dismissal or Administrative Closure Thu 05/02 12:09 PM
ELECTRONIC ORDER DISMISSING CASE. Plaintiff filed this case in federal court solely on the basis of diversity jurisdiction, 28 § 1332(a). Doc. No. 1 at 2; see also id. at 3-5 (alleging only state law claims). In its order of April 24, 2024, the Court notified Plaintiff of the jurisdictional deficiencies with her Original Complaint (Doc. No. 1). Doc. No. 9 (identifying deficiencies in allegations regarding diversity of the parties' citizenship and the jurisdictional amount in controversy). Most notably, Plaintiff's own allegations establish she is a citizen of the same state (Georgia) as at least one named Defendant. See Doc. No. 1 at 1. The Court allowed Plaintiff an opportunity to amend her Complaint to cure these jurisdictional deficiencies, if possible, by May 1, 2024, otherwise the Court would dismiss the case for lack of subject matter jurisdiction without further notice. The deadline has passed and Plaintiff did not amend her Complaint, did not request an extension of this deadline, and did not otherwise communicate with the Court. The Court has "an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party." Arbaugh v. Y&H Corp. , 546 U.S. 500, 514 (2006) (citing Ruhrgas AG v. Marathon Oil Co. , 526 U.S. 574, 583 (1999)). As the party seeking the federal forum, Plaintiff has the burden of establishing subject matter jurisdiction which she failed to do. See St. Paul Reinsurance Co. v. Greenburg , 134 F.3d 1250, 1253 (5th Cir. 1998). Based on Plaintiff's Original Complaint, the Court determines that it lacks subject matter jurisdiction over this matter and, therefore, DISMISSES this case without prejudice. FED. R. CIV. P. 12(h)(3) (court must dismiss action if it determines at any time that subject matter jurisdiction is lacking); see Stockman v. Fed. Election Commn , 138 F.3d 144, 151 (5th Cir. 1998) ("It is incumbent on all federal courts to dismiss an action whenever it appears that subject matter jurisdiction is lacking."). (Ordered by Judge Ed Kinkeade on 5/2/2024) (chmb)
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Tuesday, April 30, 2024
10 10 6 pgs order Order Tue 04/30 1:59 PM
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 4/30/2024) (chmb)
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Wednesday, April 24, 2024
9 9 order Order Wed 04/24 6:14 PM
ELECTRONIC ORDER: Plaintiff Charity Alford filed this case in federal court on the basis of diversity jurisdiction. Doc. No. 1 at 2. Section 1332(a) vests a federal court with original jurisdiction over civil actions in which the matter at issue exceeds $75,000 and the parties are citizens of different States. 28 U.S.C. § 1332(a). It appears from Plaintiff's Original Complaint that neither requirement is met. First, based on her own allegations, Plaintiff is not diverse from each one of the Defendants. "Complete diversity requires that all persons on one side of the controversy be citizens of different states than all persons on the other side . " Settlement Funding, L.L.C. v. Rapid Settlements, Ltd. , 851 F.3d 530, 536 (5th Cir. 2017) (emphasis added) (internal citation omitted). Plaintiff shares the same State citizenship (Georgia) as Defendant Glenn T. Cambre, Jr. and, possibly, Defendant C. Kimberly Liverpool-Settle. Doc. No. 1 at 1-2. Further, Plaintiff fails to properly allege the citizenship of Defendant Cambre & Associates, LLC, so the Court cannot know if Plaintiff is diverse from this Defendant. Carden v. Arkoma Assocs. , 494 U.S. 185, 196 (1990) (citizenship of a limited liability company ("LLC") is determined by the citizenship of each of its members); see also Settlement Funding , 851 F.3d at 536 (allegations of an LLC's citizenship must include the identity of each member through every layer and each member's citizenship ). "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). It is also unclear whether the jurisdictional amount in controversy is met. Plaintiff asserts claims for legal malpractice, negligence, and breach of fiduciary duty. Doc. No. 1 at 3-5. Plaintiff does not demand a sum certain which alone is not problematic. But Plaintiff also does not assert any allegations providing details about the underlying matter or the extent of her alleged injuries and damages from which the Court can ascertain her damages are likely to exceed $75,000. As the party seeking the federal forum, Plaintiff bears the burden of establishing subject matter jurisdiction. See St. Paul Reinsurance Co. v. Greenburg , 134 F.3d 1250, 1253 (5th Cir. 1998). Having "an independent obligation" to examine its subject matter jurisdiction, the Court concludes that diversity jurisdiction does not exist on Plaintiff's live pleading for the reasons explained. See SXSW, L.L.C. v. Fed. Ins. Co. , 83 F.4th 405, 407 (5th Cir. 2023). However, before dismissing the case sua sponte , the Court will allow Plaintiff an opportunity to amend her Original Complaint, if she can do so , addressing the issues identified in this Order to establish the Court's subject matter jurisdiction, no later than May 1, 2024. If Plaintiff fails to amend or fails to do so sufficiently, the Court will dismiss this case without further notice for lack of subject matter jurisdiction. See Stockman v. Fed. Election Commn , 138 F.3d 144, 151 (5th Cir. 1998) (federal courts have no power to adjudicate claims where subject matter jurisdiction does not exist and, consequently, must dismiss the action); FED. R. CIV. P. 12(h)(3) (court must dismiss action if it determines at any time that subject matter jurisdiction is lacking). (Ordered by Judge Ed Kinkeade on 4/24/2024) (chmb)
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8 8 service Summons Issued Wed 04/24 12:13 PM
Summons Issued as to Glenn Cambre, Cambre and Associates, LLC, Candice Liverpool-Settle. (ndt)
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Att: 1 Additional Page(s),
Att: 2 Additional Page(s)
Tuesday, April 23, 2024
7 7 qcref Kinkeade Wed 04/24 12:00 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 misc Jury Demand Tue 04/23 11:23 PM
DEMAND for Trial by Jury by Charity Alford. (Newark, Robert)
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5 5 misc Request for Clerk to Issue Document Tue 04/23 11:17 PM
Request for Clerk to issue Summons to Candice Liverpool-Steele filed by Charity Alford. (Newark, Robert)
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4 4 misc Request for Clerk to Issue Document Tue 04/23 11:16 PM
Request for Clerk to issue Summons to Glenn T. Cambre filed by Charity Alford. (Newark, Robert)
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3 3 misc Request for Clerk to Issue Document Tue 04/23 11:15 PM
Request for Clerk to issue Summons to Defendant, Cambre and Associates, LLC filed by Charity Alford. (Newark, Robert)
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2 2 misc Certificate Of Interested Persons/Disclosure Statement Tue 04/23 11:06 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Charity Alford. (Clerk QC note: No affiliate entered in ECF). (Newark, Robert)
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1 1 8 pgs cmp Complaint Tue 04/23 11:01 PM
COMPLAINT against All Defendants filed by Charity Alford. (Filing fee $405; Receipt number BTXNDC-14564496) 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. (Newark, Robert)
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Att: 1 Cover Sheet