Martinez v. AutoZone West LLC
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Case #: | 3:24-cv-01011 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Apr 25, 2024 |
| Last checked: Thursday Apr 25, 2024 6:11 PM CDT |
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Defendant
AutoZone West LLC
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Represented By
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Plaintiff
Alejandro Trigo Martinez
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Represented By
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| Docket last updated: 05/14/2024 11:59 PM CDT |
| Friday, May 10, 2024 | ||
| 13 | 13
misc
Amended Document
Fri 05/10 6:31 PM
AMENDED DOCUMENT by AutoZone West LLC. Amendment to6 Amended Document. Notice of Removal . (Wehrmann, Henry) |
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Att: 1
Exhibit(s)
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| Tuesday, May 07, 2024 | ||
| 12 | 12
misc
Certificate Of Interested Persons/Disclosure Statement
Tue 05/07 3:49 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Alejandro Trigo Martinez. (Clerk QC note: Affiliate entry indicated). (Jasso, Jorge) |
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| 11 | 11
notice
Notice of Attorney Appearance
Tue 05/07 3:36 PM
NOTICE of Attorney Appearance by Jorge Elias Jasso on behalf of Alejandro Trigo Martinez. (Filer confirms contact info in ECF is current.) (Jasso, Jorge) |
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| 10 | 10
order
Order
Tue 05/07 12:21 PM
ELECTRONIC ORDER: Defendant AutoZone West LLC d/b/a AutoZone #5799 filed an Amended Notice of Removal (Doc. No. 6) in response to the Court's order identifying jurisdictional deficiencies in its original Notice of Removal. See Doc. No. 4. While its own citizenship has now been properly alleged, Defendant has failed again to properly allege Plaintiff's citizenship, having alleged that "Plaintiff is and has been, at all times relevant to the instant matter, a natural person residing in Dallas, Texas (Dallas County)." Doc. No. 6 at 3. For diversity purposes, the Court is concerned with whether Plaintiff is a citizen of a State different than Defendant, not Plaintiff's residency. 28 U.S.C. § 1332(a). "[C]itizenship and residence, as often declared by this court, are not synonymous terms." Robertson v. Cease , 97 U.S. 646, 648 (1878). As the Court previously stated, "[f]or natural persons, § 1332 citizenship is determined by domicile , which requires residency plus an intent to make the place of residency one's permanent home." SXSW, L.L.C. v. Fed. Ins. Co. , 83 F.4th 405, 407 (5th Cir. 2023) (citing Gilbert v. David , 235 U.S. 561, 568-69 (1915)); accord Preston v. Tenet Healthsystem Mem'l Med. Ctr., Inc. , 485 F.3d 793, 799 (5th Cir. 2007) ("Domicile requires the demonstration of two factors: residence and the intention to remain."). Thus, in alleging Plaintiff's residency, Defendant has not "distinctly and affirmatively" alleged his citizenship . Getty Oil Corp., a Div. of Texaco v. Ins. Co. of N. Am. , 841 F.2d 1254, 1259 (5th Cir. 1988). 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)). The Court will allow Defendant one more opportunity to remedy this deficiency. See St. Paul Reinsurance Co. v. Greenburg , 134 F.3d 1250, 1253 (5th Cir. 1998) (the party seeking the federal forum bears the burden of establishing subject matter jurisdiction). Defendant may amend its Notice of Removal to properly allege Plaintiff's citizenship by May 14, 2024. If Defendant fails to amend or to do so sufficiently, this case will be remanded without further notice. 28 U.S.C. § 1447(c) (in action removed from state court, federal court must remand case any time before final judgment if court determines it lacks subject matter jurisdiction). (Ordered by Judge Ed Kinkeade on 5/7/2024) (chmb) |
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| Tuesday, April 30, 2024 | ||
| 9 | 9
6
pgs
order
Order
Tue 04/30 2:11 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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| 8 | 8
6
pgs
order
Order for Scheduling Order Proposal
Tue 04/30 2:06 PM
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 4/30/2024) (chmb) |
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| Friday, April 26, 2024 | ||
| 7 | 7
misc
Certificate Of Interested Persons/Disclosure Statement
Fri 04/26 6:57 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by AutoZone West LLC. (Clerk QC note: Affiliate entry indicated). (Wehrmann, Henry) |
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| 6 | 6
misc
Amended Document
Fri 04/26 6:53 PM
AMENDED DOCUMENT by AutoZone West LLC. Amendment to1 Notice of Removal,,,,. . (Wehrmann, Henry) |
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| 5 | 5
misc
Court Request For Recusal
Fri 04/26 1:29 PM
Court Request for Recusal: Magistrate Judge David L. Horan recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Magistrate Judge Rebecca Rutherford for all further proceedings that may be referred. (cea) |
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| 4 | 4
order
Order
Fri 04/26 12:52 PM
ELECTRONIC ORDER: Defendant AutoZone West LLC d/b/a AutoZone #5799 removed this case to federal court on the basis of diversity jurisdiction, 28 U.S.C. § 1332(a). Doc. No. 1 at 2-3. Defendant failed, however, to properly allege its own citizenship and that of Plaintiff Alejandro Trigo Martinez. "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). First, Defendant alleges that " Plaintiff is a Texas Corporation." Doc. No. 1 at 2-3. Based on the removal record, Plaintiff is an individual, not a corporation. "For natural persons, § 1332 citizenship is determined by domicile, which requires residency plus an intent to make the place of residency one's permanent home." SXSW, L.L.C. v. Fed. Ins. Co. , 83 F.4th 405, 407 (5th Cir. 2023) (citing Gilbert v. David , 235 U.S. 561, 568-69 (1915)); accord Preston v. Tenet Healthsystem Mem'l Med. Ctr., Inc. , 485 F.3d 793, 799 (5th Cir. 2007) ("Domicile requires the demonstration of two factors: residence and the intention to remain."). As for its own citizenship, Defendant alleges it " is a Nevada Corporation" and its " principal place of business is in Tennessee. " Doc. No. 1 at 3. For diversity purposes, the citizenship of a limited liability company ("LLC") is determined by the citizenship of each of its members. Carden v. Arkoma Assocs. , 494 U.S. 185, 196 (1990); see also V & M Star, LP v. Centimark Corp. , 596 F.3d 354, 356 (6th Cir. 2010) (court must also know citizenship of each "sub-member"). The allegations of an LLC's citizenship must include the identity of each member through every layer and each member's citizenship . Settlement Funding, L.L.C. v. Rapid Settlements, Ltd. , 851 F.3d 530, 536 (5th Cir. 2017). 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)). At this time, it is not apparent whether the parties' citizenship is completely diverse. As the party seeking the federal forum, Defendant bears the burden of establishing the Court's subject matter jurisdiction. See St. Paul Reinsurance Co. v. Greenburg , 134 F.3d 1250, 1253 (5th Cir. 1998). Defendant may amend its Notice of Removal to properly allege the citizenship of both parties in accordance with this Order no later than May 3, 2024. If Defendant fails to amend or fails to do so sufficiently, the Court will remand this case without further notice. 28 U.S.C. § 1447(c) (in action removed from state court, federal court must remand case any time before final judgment if court determines it lacks subject matter jurisdiction). Further, in cases where subject matter jurisdiction is based on diversity under 28 U.S. C. § 1332(a), Rule 7.1(a)(2) of the Federal Rules of Civil Procedure requires that each party's disclosure statement " name--and identify the citizenship of--every individual or entity whose citizenship is attributed to that party[.] " Fed. R. Civ. P. 7.1(a)(2). In the event Defendant properly amends its notice of removal, Plaintiff and Defendant shall file their respective certificates of interested persons/disclosure statements within seven days , ensuring that said documents contain the citizenship disclosure statements required by Rule 7.1(a)(2). See L. Civ. R. 81.1(a)(4)(D) & 81.2. (Ordered by Judge Ed Kinkeade on 4/26/2024) (chmb) |
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| Thursday, April 25, 2024 | ||
| 3 | 3
qcref
Kinkeade
Fri 04/26 11:50 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. (kcr) |
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| 2 | 2
misc
Additional Attachments to Main Document
Thu 04/25 5:37 PM
ADDITIONAL ATTACHMENTS to1 Notice of Removal,,,, by Defendant AutoZone West LLC. (Wehrmann, Henry) |
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Att: 1
Cover Sheet,
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Att: 2
Cover Sheet Supplement
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| 1 | 1
notice
Notice of Removal
Thu 04/25 5:24 PM
NOTICE OF REMOVAL WITH JURY DEMAND filed by AutoZone West LLC. (Filing fee $405; receipt number ATXNDC-14571430) 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. (Wehrmann, Henry) |
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