Davis et al v. Allen
| Eleanor Davis and Jerry Davis |
| Robert R. Allen, III |
| 1:2021cv03459 |
| August 23, 2021 |
| US District Court for the Northern District of Georgia |
| Michael L Brown |
| Charles A Pannell |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 18, 2021. A more recent docket listing may be available from PACER.
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ORDER (by docket entry only): The Court VACATES its Order to Show Cause entered on October 15, 2021 (Dkt. 8) for the reasons stated in the Court's Order entered on September 13, 2021 (Dkt. 6). Ordered by Judge Michael L. Brown on 10/18/2021. (jpk)
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Filing 8
ORDER TO SHOW CAUSE: The Court ORDERS Plaintiffs to SHOW CAUSE, on or before November 5, 2021, why this case should not be dismissed for lack of subject matter jurisdiction. To the extent Plaintiffs believe diversity jurisdiction is proper, the Court ORDERS Plaintiffs to supplement their complaint to properly state all parties citizenship and show compliance with the requirements of 28 U.S.C. 1332. The Court DIRECTS the Clerk to submit this matter after the expiration of the deadline. Signed by Judge Michael L. Brown on 10/15/2021. (tmf)
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| Filing 7 CLERK'S JUDGMENT dismissing action (tmf)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
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Filing 6
ORDER: The parties filed a joint motion to remand and transfer the case to state court. (Dkt. #5 .) Because the case was originally filed in this court and was not removed from a state court, the Court has no authority to remand the case. See Flagstar Bank, FSB v. Grace Retail Inv., LLC, No. 1:11-CV-593, 2011 WL 13220146, at *1 n.1 ("Although the motion seeks remand as an alternative to dismissal, since this case was originally filed in this court and was not removed from a state court, this court has no authority to remand the case."). The Court DENIES the parties' Joint Motion to Remand and Transfer Case to State Court (Id.). The Court instead finds dismissal for lack of subject matter jurisdiction is the only appropriate disposition of this case. See Legg v. Wyeth, 428 F.3d 1317, 1320 n.2 (11th Cir. 2005) (diversity jurisdiction requires "the citizenship of every plaintiff... be diverse from the citizenship of every defendant"). (Dkts. 1 1 (alleging Plaintiff Jerry Davis is a citizen of Georgia); 5 3 (alleging Defendant Robert Allen is a citizen of Georgia).) The Court DISMISSES Plaintiffs' complaint and DIRECTS the Clerk to close this case. Signed by Judge Michael L. Brown on 9/13/2021. (tmf)
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| Civil Case Terminated. (tmf) |
| Filing 5 Joint MOTION to Remand to State Court with Brief In Support by Eleanor Davis, Jerry Davis. (Attachments: #1 Text of Proposed Order Proposed Order)(Pattni, Rishi) |
| Filing 4 ACKNOWLEDGMENT OF SERVICE Executed filed by Eleanor Davis, Jerry Davis. All Defendants. (Pattni, Rishi) |
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Filing 3
ORDER REASSIGNING CASE. Case reassigned to District Judge Michael L. Brown for all further proceedings. Judge Charles A. Pannell, Jr. no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:21-cv-3459-MLB. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Charles A. Pannell, Jr. on 8/31/21. (rlh)
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| Filing 2 Electronic Summons Issued as to Robert R. Allen, III. (tcc) |
| Filing 1 COMPLAINT with Jury Demand filed by Eleanor Davis, Jerry Davis. (Filing fee $402, receipt number AGANDC-11205091) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(tcc) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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