Hilario et al v. Milner et al
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Case #: | 3:24-cv-01027 |
| Nature of Suit | 350 Torts - Personal Injury - Motor Vehicle |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Apr 26, 2024 |
| Last checked: Saturday Apr 27, 2024 4:04 AM CDT |
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Defendant
First Freight Trucking, LLC
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Represented By
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Defendant
Melvin Lewis Milner
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Represented By
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Plaintiff
Jacqueline Hilario
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Represented By
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Plaintiff
Deysi Secundion
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Represented By
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| Docket last updated: 12 hours ago |
| Monday, May 06, 2024 | ||
| 12 | 12
order
Order on Motion for Miscellaneous Relief
Mon 05/06 2:59 PM
ELECTRONIC ORDER: Before the Court is Defendants' Counsel's Motion for Leave to Proceed Without Local Counsel (the "Motion") (Doc. No. 11). Having carefully considered the Motion, the Court DENIES Defendants' request to proceed without local counsel. No later than May 28, 2024 , Defendants shall file the entry of appearance of local counsel satisfying the requirements of Local Civil Rule 83.10(a). Defendants are reminded that, pursuant to this Court's Specific Requirements, local counsel must sign all documents filed with this Court pursuant to Rule 11 of the Federal Rules of Civil Procedure, and also must comply with Local Civil Rule 83.10(b). Any of Defendants' filings or those filed jointly with Plaintiffs which do not include local counsel's signature will be immediately unfiled regardless of any related deadline. This Court's Judge Specific Requirements can be found on the website for the United States District Court for the Northern District of Texas. (Ordered by Judge Ed Kinkeade on 5/6/2024) (chmb) |
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| Friday, May 03, 2024 | ||
| 11 | 11
motion
Miscellaneous Relief
Fri 05/03 6:18 PM
MOTION Leave to Proceed without Local Counsel re 5 Order, filed by First Freight Trucking, LLC, Melvin Lewis Milner (Burck, Howard) |
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Att: 1
Proposed Order
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| 10 | 10
misc
Amended Document
Fri 05/03 6:15 PM
AMENDED DOCUMENT by Melvin Lewis Milner, First Freight Trucking, LLC. Amendment to3 Cert. Of Interested Persons/Disclosure Statement. . (Burck, Howard) |
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| 9 | 9
misc
Amended Document
Fri 05/03 6:13 PM
AMENDED DOCUMENT by Melvin Lewis Milner, First Freight Trucking, LLC. Amendment to1 Notice of Removal,,,,. . (Burck, Howard) |
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Att: 1
Exhibit(s),
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Att: 2
Exhibit(s),
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Att: 3
Exhibit(s),
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Att: 4
Exhibit(s),
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Att: 5
Exhibit(s),
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Att: 6
Cover Sheet
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| Tuesday, April 30, 2024 | ||
| 8 | 8
6
pgs
order
Order for Scheduling Order Proposal
Tue 04/30 2:08 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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| 7 | 7
6
pgs
order
Order
Tue 04/30 1:56 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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| Monday, April 29, 2024 | ||
| 6 | 6
order
Order
Mon 04/29 12:59 PM
ELECTRONIC ORDER: Defendants Melvin Lewis Milner and First Freight Trucking, LLC (together, "Defendants") removed this case to federal court on the basis of diversity jurisdiction, 28 U.S.C. § 1332(a). Doc. No. 1 at 2. "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). As for the individual parties, Defendants allege "Plaintiffs Jacqueline Hilario and Deysi Secundion were, and are, at the time the lawsuit was filed, residents of the State of Texas. " Doc. No. 1 at 2. Defendants then allege that "Defendant Melvin Lewis Milner,[sic] is an individual, and a resident of the State of Georgia, residing in Warner Robins, Georgia. " Id. "[C]itizenship and residence, as often declared by this court, are not synonymous terms." Robertson v. Cease , 97 U.S. 646, 648 (1878). "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."). Next, Defendants allege that "Defendant First Freight Truckling, LLC was, at the time of the accident made basis of this suit, a Georgia Limited Liability Company with its headquarters and principal place of business in Byromville, Georgia. " Doc. No. 1 at 2. Defendants conflate the citizenship of a limited liability company ("LLC") with that of a corporation. See id. (citing to language of § 1332(c)(1) which defines citizenship of a corporation). It is well-established that the citizenship of an LLC for diversity purposes is determined by the citizenship of each of its members . Carden v. Arkoma Assocs. , 494 U.S. 185, 196 (1990); accord SXSW , 83 F.4th at 407. 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)). As the party seeking the federal forum, Defendants bear the burden of establishing the Court's subject matter jurisdiction. St. Paul Reinsurance Co. v. Greenburg , 134 F.3d 1250, 1253 (5th Cir. 1998). Having failed to "distinctly and affirmatively" allege the parties' citizenship, Defendants did not meet their burden. Getty Oil , 841 F.2d at 1259 Defendants may amend their Notice of Removal to properly allege each party's citizenship in accordance with this Order no later than May 6, 2024. If Defendants fail to amend or fail to do so sufficiently, the Court will dismiss this case without further notice. See Stockman v. Fed. Election Comm'n , 138 F.3d 144, 151 (5th Cir. 1998) (federal court has no power to adjudicate claims where subject matter jurisdiction does not exist); 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). Defendants timely filed their Certificate of Interested Persons/Disclosure Statement (Doc. No. 3) but it does not contain the required citizenship disclosure statement. Assuming they establish subject matter jurisdiction, Defendants shall file an amended certificate of interested persons/disclosure statement within 7 days of amending their Notice of Removal. Plaintiffs shall ensure that their certificate of interested persons/disclosure statement contains the citizenship disclosure statements required by Rule 7.1(a)(2). See L. Civ. R. 81.2. (Ordered by Judge Ed Kinkeade on 4/29/2024) (chmb) |
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| 5 | 5
order
Order
Mon 04/29 12:17 PM
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 20, 2024 , Defendant shall file the entry of appearance of local counsel satisfying the requirements of Local Civil Rule 83.10(a). (Ordered by Judge Ed Kinkeade on 4/29/2024) (chmb) |
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| Sunday, April 28, 2024 | ||
| 3 | 3
misc
Certificate Of Interested Persons/Disclosure Statement
Sun 04/28 7:55 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by First Freight Trucking, LLC, Melvin Lewis Milner. (Clerk QC note: Affiliate entry indicated). (Burck, Howard) |
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| Friday, April 26, 2024 | ||
| 4 | 4
qcref
Kinkeade
Mon 04/29 11:22 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
answer
Answer to Complaint
Fri 04/26 9:28 PM
ANSWER to Complaint with Jury Demand filed by First Freight Trucking, LLC, Melvin Lewis Milner. 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. (Burck, Howard) |
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| 1 | 1
notice
Notice of Removal
Fri 04/26 9:05 PM
NOTICE OF REMOVAL filed by Melvin Lewis Milner, First Freight Trucking, LLC. (Filing fee $405; receipt number ATXNDC-14575397) 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. (Burck, Howard) |
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Att: 1
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Att: 2
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Att: 3
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Att: 4
Exhibit(s),
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Att: 5
Cover Sheet
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