Shelby Young, et al v. Wal-Mart Stores East, LP, et al
| SHELBY YOUNG and TYLER YOUNG |
| WAL-MART STORES EAST, LP and WAL-MART REAL ESTATE BUSINESS TRUST |
| 24-10626 |
| February 28, 2024 |
| U.S. Court of Appeals, Eleventh Circuit |
| Other Personal Injury |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 23, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 23 REPLY to RESPONSE to Jurisdictional Questions [ # 21 ] filed by Appellees Wal-Mart Stores East, LP and Wal-mart Real Estate Business Trust. [Entered: 04/23/2024 10:11 AM] |
Filing 22
ORDER: We issued a jurisdictional question regarding the district courts subject matter jurisdiction under 28 U.S.C. 1332 and, specifically, the citizenship of appellee Wal Mart Real Estate Business Trust (the Trust). In their responses, the parties agree that the Trusts citizenship was not adequately pled and that it is a Delaware statutory trust that adopts the citizenship of its beneficiaries. Appellants assert that evidence regarding the Trusts beneficiaries may be necessary to determine its citizenship. Appellees submitted with their response an Amended Certificate of Interested Persons (CIP) and a declaration from Wal-Mart, Inc.s Senior Lead Counsel that describe the appellees organizational structure. Those documents confirm that the Trust is a Delaware statutory trust whose sole beneficiary, Wal-Mart Property Co., is a Delaware corporation with its principal place of business in Arkansas. We deem the evidence provided by appellees sufficient to establish that the Trust is a citizen of Delaware and Arkansas for purposes of diversity jurisdiction. See 28 U.S.C. 1332(c)(1) (providing that a corporation is deemed a citizen of every state and foreign state in which it has been incorporated and of the state or foreign state where it has its principal place of business); Underwriters at Lloyds, London v. Osting-Schwinn, 613 F.3d 1079, 1086 (11th Cir. 2010) (providing that an unincorporated entity does not possess any citizenship on its own, but instead must adopt the citizenship of its members to prove diversity jurisdiction); Riley v. Merrill Lynch, Pierce, Fenner & Smith, 292 F.3d 1334, 1338-40 (11th Cir. 2002) (providing that where a trust is the real party, rather than its trustees, the trust adopts the citizenship of its beneficiaries), overruled on other grounds by Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Dabit, 547 U.S. 71 (2006). The supplemental evidence confirms that the parties were diverse and that the district court had subject matter jurisdiction in the first instance. See 28 U.S.C. 1332(a); Young v. City of Au-gusta, 59 F.3d 1160, 1168 (11th Cir. 1995). Accordingly, this appeal MAY PROCEED. See CSX Transp., Inc. v. City of Garden City, 235 F.3d 1325, 1330 (11th Cir. 2000). Appellees are DIRECTED to file in the district court notice of this order and the evidence of the Trusts citizenship provided on appeal. Appellees motion for leave to file a reply to the Appellants response to the jurisdictional questions is GRANTED. [ # 21 ] ELB and BL [Entered: 04/23/2024 10:05 AM]
|
| Filing 21 MOTION Appellees Wal-Mart Stores East, LP And Wal-Mart Real Estate Business Trust respectfully request that the Court enter an order granting Appellees leave to file the accompanying Reply to Appellants' Response to Jurisdictional Question filed by Wal-mart Real Estate Business Trust and Wal-Mart Stores East, LP. Opposition to Motion is Unknown. [21] [24-10626] (ECF: Elizabeth Hadaway) [Entered: 04/11/2024 09:36 PM] |
| Filing 20 Response to Jurisdictional Question filed by Appellants Shelby Young and Tyler Young [24-10626] (ECF: Jacob Weldon) [Entered: 04/03/2024 06:01 PM] |
| Filing 19 Response to Jurisdictional Question filed by Appellees Wal-mart Real Estate Business Trust and Wal-Mart Stores East, LP [24-10626] (ECF: Elizabeth Hadaway) [Entered: 04/02/2024 08:01 PM] |
| Filing 18 Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Elizabeth B. Hadaway for Appellees Wal-mart Real Estate Business Trust and Wal-Mart Stores East, LP. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [24-10626] (ECF: Elizabeth Hadaway) [Entered: 03/25/2024 03:59 PM] |
| Filing 17 JURISDICTIONAL QUESTION issued as to Shelby Young and Tyler Young. [Entered: 03/20/2024 04:21 PM] |
| Filing 15 APPEARANCE of Counsel Form filed by Matthew Behncke for Wal-mart Real Estate Business Trust and Wal-Mart Stores East, LP. Related cases? No. [24-10626] (ECF: Matthew Behncke) [Entered: 03/14/2024 04:57 PM] |
| Filing 14 APPEARANCE of Counsel Form filed by Elizabeth B. Hadaway for Wal-Mart Stores East LP d/b/a Wal-Mart and Wal-Mart Real Estate Business Trust Katherine Barton for Wal-mart Real Estate Business Trust and Wal-Mart Stores East, LP, Matthew C. Behncke for Wal-mart Real Estate Business Trust and Wal-Mart Stores East, LP, Amber Brianna Magee for Wal-mart Real Estate Business Trust and Wal-Mart Stores East, LP, Michael Miller for Wal-mart Real Estate Business Trust and Wal-Mart Stores East, LP, Abigail C. Noebels for Wal-Mart Stores East, LP, Robert Rivera, Jr. for Wal-mart Real Estate Business Trust and Wal-Mart Stores East, LP, Jonathan Ross for Wal-Mart Stores East, LP and Jonathan P. Sexton for Shelby Young and Tyler Young and Jacob A. Weldon for Shelby Young and Tyler Young. Related cases? No. [24-10626] (ECF: Elizabeth Hadaway) [Entered: 03/13/2024 01:55 PM] |
| Filing 13 APPEARANCE of Counsel Form filed by Related cases? No. [24-10626] (ECF: Robert Rivera) [Entered: 03/12/2024 05:52 PM] |
| Filing 12 APPEARANCE of Counsel Form filed by Katherine Barton for Wal-Mart Stores East, LP. Related cases? No. [24-10626] (ECF: Michael Miller) [Entered: 03/12/2024 02:28 PM] |
| Filing 11 APPEARANCE of Counsel Form filed by Michael Miller for Wal-mart Real Estate Business Trust and Wal-Mart Stores East, LP. Related cases? No. [24-10626] (ECF: Michael Miller) [Entered: 03/12/2024 02:27 PM] |
| Filing 10 Notice to Counsel of Record. Counsel of Record must be logged in to CM/ECF and Pacer to access this document. This is the only notice you will receive regarding this matter. Please print a copy for your file. [Entered: 03/08/2024 01:43 PM] |
| Filing 9 Certificate of Interested Persons and Corporate Disclosure Statement filed by Jacob Weldon for Shelby and Tyler Young. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [24-10626] (ECF: Jacob Weldon) [Entered: 03/06/2024 05:07 PM] |
| Filing 8 Briefing Notice issued to Appellants Shelby Young and Tyler Young. The appellant's brief is due on or before 04/08/2024. The appendix is due no later than 7 days from the filing of the appellant's brief. [Entered: 03/04/2024 04:19 PM] |
| Filing 7 TRANSCRIPT INFORMATION form filed by Attorney Jacob A. Weldon for Appellants Shelby Young and Tyler Young. No transcript is required for appeal purposes. [Entered: 03/04/2024 04:17 PM] |
| Filing 6 APPEARANCE of Counsel Form filed by Jonathan P. Sexton for Shelby Young and Tyler Young Jonathan P. Sexton for Shelby Young and Tyler Young. Related cases? No. [24-10626] (ECF: Jonathan Sexton) [Entered: 03/04/2024 11:54 AM] |
| Filing 5 APPEARANCE of Counsel Form filed by Jacob A. Weldon for Shelby Young and Tyler Young Jacob A. Weldon for Shelby Young and Tyler Young. Related cases? No. [24-10626] (ECF: Jacob Weldon) [Entered: 03/04/2024 11:48 AM] |
| Filing 4 Civil Appeal Statement filed by Attorney Jacob A. Weldon for Appellants Shelby Young and Tyler Young. Related cases? No. [24-10626] (ECF: Jacob Weldon) [Entered: 03/01/2024 06:04 PM] |
| Filing 3 TRANSCRIPT INFORMATION FORM SUBMITTED by Attorney Jacob A. Weldon for Appellants Shelby Young and Tyler Young. No hearings. [24-10626] (ECF: Jacob Weldon) [Entered: 03/01/2024 05:48 PM] |
| Filing 2 APPEARANCE of Counsel Form filed by Jacob A. Weldon for Shelby and Tyler Young Jacob A. Weldon for Shelby Young and Tyler Young. Related cases? No. [24-10626] (ECF: Jacob Weldon) [Entered: 03/01/2024 05:24 PM] |
| Filing 1 CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellants Shelby Young and Tyler Young on 02/27/2024. Fee Status: Fee Paid. Awaiting Appellant's Certificate of Interested Persons due on or before 03/18/2024 as to Appellant Shelby Young. Awaiting Appellee's Certificate of Interested Persons due on or before 03/28/2024 as to Appellee Wal-Mart Stores East, LP [Entered: 02/29/2024 04:24 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
