G&E Reit II Ennis Mob LLC v. Innate Business Solutions LLC et al
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Case #: | 3:24-cv-01002 |
| Nature of Suit | 230 Real Property - Rent Lease & Ejectment |
| Cause | 28:1332 Diversity-Contract Dispute |
| Case Filed: | Apr 24, 2024 |
| Last checked: Wednesday Apr 24, 2024 4:15 PM CDT |
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Defendant
INNATE BUSINESS SOLUTIONS, LLC
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Defendant
GARY MARTIN
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Defendant
TEXAS ANESTHESIA & PAIN MANAGEMENT INSTITUTE, P.A.
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Plaintiff
G&E HC REIT II ENNIS MOB, LLC
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Represented By
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| Docket last updated: 31 minutes ago |
| Friday, May 10, 2024 | ||
| 14 | 14
service
Summons Returned
Fri 05/10 9:42 AM
SUMMONS Returned Executed as to Texas Anesthesia & Pain Management Institute PA; served on 5/8/2024. (kcr) |
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| Thursday, May 09, 2024 | ||
| 13 | 13
service
Summons Returned
Thu 05/09 5:03 PM
SUMMONS Returned Executed as to Innate Business Solutions LLC; served on 5/3/2024. (axm) |
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| Thursday, May 02, 2024 | ||
| 12 | 12
service
Summons Issued
Thu 05/02 8:35 AM
Summons Issued as to Innate Business Solutions LLC, Gary Martin, Texas Anesthesia & Pain Management Institute PA. (kcr) |
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| Wednesday, May 01, 2024 | ||
| 11 | 11
misc
Request for Clerk to Issue Document
Wed 05/01 3:41 PM
Request for Clerk to issue Summons filed by G&E Reit II Ennis Mob LLC. (Sudbury, Gregory) |
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Att: 1
Summons (Texas Anesthesia),
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Att: 2
Summons (Gary Martin)
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| 10 | 10
respm
Appendix in Support
Wed 05/01 3:16 PM
Appendix in Support filed by G&E Reit II Ennis Mob LLC re9 Amended Complaint,, (Sudbury, Gregory) |
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Att: 1
Exhibit(s)
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| 9 | 9
cmp
Amended Complaint
Wed 05/01 3:14 PM
AMENDED COMPLAINT against All Defendants filed by G&E Reit II Ennis Mob LLC. 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. (Sudbury, Gregory) |
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| Tuesday, April 30, 2024 | ||
| 8 | 8
6
pgs
order
Order
Tue 04/30 1:57 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 | ||
| 7 | 7
order
Order
Thu 04/25 5:25 PM
ELECTRONIC ORDER: : Before the Court is Plaintiff G&E HC REIT II Ennis MOB, LLC's ("G&E") Original Complaint. Doc. No. 1. G&E purports to bring this suit within the Court's diversity jurisdiction. Id. at 2; 28 U.S.C. § 1332(a). Accordingly, G&E must "distinctly and affirmatively" allege the citizenship of each party so that the Court can determine whether G&E's 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 G&E'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 G&E has not sufficiently alleged Defendant Texas Anesthesia & Pain Management Institute, P.A.'s ("Texas Anesthesia") citizenship. Because Texas Anesthesia is a Texas professional association, G&E must allege Texas Anesthesia's principal place of business. Zenith Ins. Co. v. Texas Inst. for Surgery, LLP , 2018 WL 5297754, at *1 n.1 (N.D. Tex. Oct. 25, 2018) (Fitzwater, J.). G&E has not done so. Accordingly, the Court ORDERS G&E to amend its Complaint to properly allege Texas Anesthesia's citizenship no later than May 9, 2024. Failure to timely comply with this order WILL RESULT in dismissal of G&E's claims without prejudice for lack of subject matter jurisdiction. (Ordered by Judge Ed Kinkeade on 4/25/2024) (chmb) |
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| 6 | 6
service
Summons Issued
Thu 04/25 11:37 AM
Summons Issued as to Innate Business Solutions LLC, Gary Martin, Texas Anesthesia & Pain Management Institute PA. (cfk) |
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| Wednesday, April 24, 2024 | ||
| 5 | 5
qcref
Kinkeade
Thu 04/25 11:34 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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misc
Certificate Of Interested Persons/Disclosure Statement
Wed 04/24 3:53 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by G&E HC REIT II ENNIS MOB, LLC. (Clerk QC note: Affiliate entry indicated). (Sudbury, Gregory) |
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misc
Request for Clerk to Issue Document
Wed 04/24 3:47 PM
Request for Clerk to issue Summons filed by G&E HC REIT II ENNIS MOB, LLC. (Sudbury, Gregory) |
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Att: 1
Summons (Texas Anesthesia),
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Att: 2
Summons (Gary Martin)
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respm
Appendix in Support
Wed 04/24 3:44 PM
Appendix in Support filed by G&E HC REIT II ENNIS MOB, LLC re1 Complaint,,,, (Sudbury, Gregory) |
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Att: 1
Exhibit(s)
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| 1 | 1
cmp
Complaint
Wed 04/24 3:42 PM
COMPLAINT against All Defendants filed by G&E HC REIT II ENNIS MOB, LLC. (Filing fee $405; Receipt number ATXNDC-14567266) 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. (Sudbury, Gregory) |
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Att: 1
Cover Sheet
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