Graham v. Future Motion, Inc.
| Kyle Graham |
| Future Motion, Inc. |
| 5:2024cv02297 |
| April 17, 2024 |
| US District Court for the Northern District of California |
| Beth Labson Freeman |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 17, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 Case transferred in from District of Florida Southern; Case Number 9:24-cv-80285. Original file certified copy of transfer order and docket sheet received. |
| MEMBER CASE OPENED MDL 3087: District of Florida Southern, 9:24-cv-80285, Graham v. Future Motion, Inc., Opened in California Northern District as 5:24-cv-02297-BLF pursuant to Conditional Transfer Order 9 cc: JPMDL (krp, COURT STAFF) (Filed on 4/17/2024) |
| Filing 7 CONDITIONAL TRANSFER ORDER (CTO-9) transferring case to the Northern District of California re: MDL 3087 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Beth Labson Freeman. (Signed by Tiffaney Pete, Clerk of the Panel). (jas) |
| Civil Case Closed and Transferred to the Northern District of California re #7 CONDITIONAL TRANSFER ORDER (CTO-9) transferring case to the Northern District of California re: MDL 3087. (jas) |
| Filing 6 Courtesy Copy of CONDITIONAL TRANSFER ORDER (CTO-9) transferring case to the Northern District of California re: MDL 3087 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Beth Labson Freeman. (Signed by Tiffaney Pete, Clerk of the Panel). (jas) |
| Filing 5 First AMENDED COMPLAINT against Future Motion, Inc., filed by Kyle Graham.(Landau, Matthew) |
Filing 4
PAPERLESS ORDER REGARDING JURISDICTIONAL DEFECT. Plaintiff Kyle Graham filed this action on the basis of diversity jurisdiction. But the Complaint fails to contain allegations that satisfy this Court that it has diversity jurisdiction over this action. Graham alleges that he is "suis juris and resides in the state of Oregon." (DE #1 at 1). However, an individual's residence is not the same as an individual's citizenship. See Travaglio v. Am. Express Co., 735 F.3d 1266, 1269 (11th Cir. 2013) (explaining that to allege citizenship, "[r]esidence alone is not enough."). Plaintiff shall file an amended complaint curing these deficiencies by March 18, 2024. Failure to timely comply with this Order may result in dismissal of the Complaint without prejudice. Signed by Judge Donald M. Middlebrooks on 3/14/2024. (kid)
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| Filing 3 Summons Issued as to Future Motion, Inc. (wce) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (wce) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17365275, filed by Kyle graham. (Attachments: #1 Summon(s), #2 Civil Cover Sheet)(Landau, Matthew) |
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| Plaintiff: Kyle Graham | |
| Represented By: | Matthew Douglas Landau |
| Represented By: | Paul Bernard Kunz |
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| Defendant: Future Motion, Inc. | |
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