James-Davis v. Walgreens Boots Alliance Inc
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Case #: | 3:24-cv-00998 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Apr 24, 2024 |
| Last checked: Wednesday Apr 24, 2024 2:11 PM CDT |
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Defendant
Walgreens Boots Alliance, Inc. dba Walgreens Store #10193
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Represented By
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Plaintiff
Jolinda James-Davis
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Represented By
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| Docket last updated: 05/14/2024 11:59 PM CDT |
| Sunday, May 12, 2024 | ||
| 9 | 9
misc
Certificate Of Interested Persons/Disclosure Statement
Sun 05/12 10:36 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jolinda James-Davis. (Clerk QC note: No affiliate entered in ECF). (Betzen, Mary Jo) |
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| Tuesday, May 07, 2024 | ||
| 8 | 8
misc
Amended Document
Tue 05/07 4:48 PM
AMENDED DOCUMENT by Walgreens Boots Alliance Inc. Defendant's Amended Notice of Removal . (Denton, Jamie-Lee) |
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Att: 1
Exhibit(s),
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Att: 2
Cover Sheet,
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Att: 3
Cover Sheet Supplement
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| 7 | 7
misc
Certificate Of Interested Persons/Disclosure Statement
Tue 05/07 3:59 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Walgreens Boots Alliance Inc. (Clerk QC note: No affiliate entered in ECF). (Denton, Jamie-Lee) |
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| 6 | 6
misc
Amended Document
Tue 05/07 3:58 PM
***PLEASE DISREGARD PER ATTORNEY, WRONG DOCUMENT. WILL REFILE*** AMENDED DOCUMENT by Walgreens Boots Alliance Inc. Defendant's Amended Notice of Removal . (Denton, Jamie-Lee) Modified on 5/7/2024 (ndt) |
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Att: 1
Exhibit(s),
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Att: 2
Cover Sheet,
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Att: 3
Cover Sheet Supplement
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| Tuesday, April 30, 2024 | ||
| 5 | 5
6
pgs
order
Order
Tue 04/30 1:58 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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| Thursday, April 25, 2024 | ||
| 4 | 4
order
Order
Thu 04/25 5:22 PM
ELECTRONIC ORDER: Before the Court is Defendant Walgreens Boots Alliance, Inc. d/b/a Walgreens Store #10193 ("Walgreens") Notice of Removal. Doc. No. 1. Walgreens bases its removal of this suit on the Court's diversity jurisdiction. Id. at 2; 28 U.S.C. §§ 1332(a), 1441(a). Accordingly, Walgreens must "distinctly and affirmatively" allege the citizenship of each party so that the Court can determine whether Walgreens's citizenship differs from Plaintiff Jolinda James-Davis's citizenship. 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 Walgreens'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 Walgreens has not sufficiently alleged Ms. James-Davis's citizenship. Walgreens recites Ms. James-Davis's allegation that she is "an individual who resides" in Texas, Doc. No. 1 at 2, 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 Walgreens to amend its Notice of Removal to properly and affirmatively allege Ms. James-Davis's citizenship no later than May 9, 2024. Failure to timely comply with this order WILL RESULT in the remand of this case. 28 U.S.C. § 1447(c). (Ordered by Judge Ed Kinkeade on 4/25/2024) (chmb) |
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| Wednesday, April 24, 2024 | ||
| 3 | 3
qcref
Kinkeade
Wed 04/24 4:24 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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| 2 | 2
misc
Certificate Of Interested Persons/Disclosure Statement
Wed 04/24 1:54 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Walgreens Boots Alliance, Inc. dba Walgreens Store #10193. (Clerk QC note: No affiliate entered in ECF). (Denton, Jamie-Lee) |
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| 1 | 1
notice
Notice of Removal
Wed 04/24 1:53 PM
NOTICE OF REMOVAL WITH JURY DEMAND filed by Walgreens Boots Alliance, Inc. dba Walgreens Store #10193. (Filing fee $405; receipt number ATXNDC-14566425) 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. (Denton, Jamie-Lee) |
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Att: 1
Exhibit(s),
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Att: 2
Cover Sheet,
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Att: 3
Cover Sheet Supplement
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