Wilson v. The Kroger Co. et al
| Sharon Wilson |
| The Kroger Co., Spivey Junction Station, LLC, Phillips Edison & Company Ltd. and John Does 1-3 |
| 1:2023cv02581 |
| June 8, 2023 |
| US District Court for the Northern District of Georgia |
| Michael L Brown |
| P.I.: Other |
| 28 U.S.C. ยง 1446 Petition for Removal- Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on July 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 Electronically transmitted certified copy of remand order to the State Court of Gwinnett County. (kng) |
Filing 7
ORDER REMANDING this case to the State Court of Gwinnett County. Signed by Judge Michael L. Brown on 07/17/2023. (kng)
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| Civil Case Terminated. (kng) |
| Submission of 6/26/2023 Docket Order to District Judge Michael L. Brown. (jpk) |
| Filing 6 CERTIFICATE OF SERVICE by Sharon Wilson.(Kemmerick, Adam) |
| Filing 5 Certificate of Interested Persons and Corporate Disclosure Statement by Sharon Wilson. (Kemmerick, Adam) |
| Filing 4 Initial Disclosures by Sharon Wilson.(Kemmerick, Adam) |
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ORDER (by docket entry only): Kroger's Notice of Removal (Dkt. 1) does not establish diversity jurisdiction because it does not identify the citizenship of Defendants Spivey Junction Station, LLC and Phillips Edison & Company Ltd. See Rodgers v. Tyson Foods, Inc., 2021 WL 2603710, at *4 (N.D. Ga. Apr. 27, 2021) ("The law is clear that the citizenship of all named defendants, whether served with process or not, must be considered in determining whether complete diversity exists."). The Court ORDERS Kroger to file, no later than July 10, 2023, an amended notice of removal that adequately alleges the citizenship of all parties to this case. This means, among other things, that Kroger must identify each defendant's exact corporate form and then allege whatever facts are necessary-under applicable law-to establish the citizenship of an entity having that corporate form. Failure to comply will result in remand for lack of subject matter jurisdiction. Ordered by Judge Michael L. Brown on 6/26/2023. (jpk)
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Filing 3
STANDING ORDER regarding Civil Litigation. Signed by Judge Michael L. Brown on 8/26/2021. (jpk)
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| Filing 2 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by The Kroger Co. Discovery ends on 11/6/2023. (Attachments: #1 Jury Demand)(dnb) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by The Kroger Co. (Filing fee $ 402 receipt number AGANDC-12661948) (Attachments: #1 Exhibit Plaintiff's Demand, #2 Exhibit All State Court Filings, #3 Civil Cover Sheet)(dnb) 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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