Houston v. Monitronics International, Inc. et al
| Frank Houston |
| Monitronics International, Inc. and Oscar Cruz |
| 4:2023cv00872 |
| July 11, 2023 |
| US District Court for the Eastern District of Missouri |
| Stephen R Clark |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Petition for Removal |
| None |
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Filing 11
ORDER OF REMAND: Because Monitronics failed to provide any evidence whatsoever after the Court questioned Monitronics' amount-in-controversy allegation, the Court concludes that it lacks subject-matter jurisdiction and remands this case to the St. Louis County Circuit Court. See Dart Cherokee, 574 U.S. at 89; 28 U.S.C. 1446(c)(2)(B). Pursuant to 28 U.S.C. 1447(c), the Court directs the Clerk of Court to mail a certified copy of this Order of Remand to the clerk of the state court. Signed by Chief District Judge Stephen R. Clark on 8/11/23. (JAB) Remark: Certified copy of Order of Remand and docket sheet emailed to St. Louis County Circuit Clerk.
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| Filing 10 NOTICE of Filing Deficiency re #9 Disclosure Statement filed by Defendant Monitronics International, Inc.. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Party filed the Disclosure Statement in this action in which jurisdiction is based on diversity under 28 U.S.C.1332(a) but, did not identify the name and citizenship of every individual or entity whose citizenship is attributed to that party or intervenor, including all members, sub-members, general and limited partners, and corporations. The Disclosure Statement must be refiled. (CLH) |
| Filing 9 DISCLOSURE STATEMENT by Monitronics International, Inc.. No corporate parents or affiliates identified. (Wilding, Jerry) |
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Filing 8
ORDER: For these reasons, the Court questions Monitronics' amount-in-controversy allegation and orders Monitronics to file, no later than August 4, 2023, supplemental briefing and evidence proving by a preponderance of the evidence its allegation that the amount in controversy exceeds $75,000 exclusive of interest and costs. See Dart Cherokee, 574 U.S. at 8889; see also Fed. R. Civ. P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action."). The Court sets the times for response and reply as those set by Local Rule 4.01 for response and reply to motionsfourteen and ten days, respectively. Signed by Chief District Judge Stephen R. Clark on 7/17/2023. (LNJ)
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| Filing 7 Electronic Notice re: Disclosure Statement to Defendant Monitronics International, Inc.. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (LNJ) |
| Filing 6 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Monitronics International, Inc. Sent To: State Court - Executed (JWD) |
| Filing 5 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Monitronics International, Inc. Sent To: Plaintiff (JWD) |
| Filing 4 Petition (Removal/Transfer) Received From: St. Louis County Circuit Court, filed by Frank Houston.(JWD) |
| Filing 3 SUPPLEMENTAL re #1 Counterclaim, State Court Docket Sheet by Defendant Monitronics International, Inc.. (Wilding, Jerry) |
| Filing 2 NOTICE of Filing Deficiency re #1 Notice of Removal. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Current and complete State Court docket sheet not filed. This deficiency must be filed in the case record immediately. (JWD) |
| Case Opening Notification. Judge Assigned: Chief U.S. District Judge Stephen R. Clark. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible. # (moed-0001.pdf). (JWD) |
| Filing 1 NOTICE OF REMOVAL from St. Louis County Circuit Court case number 23SL-CC02409 in the amount of $402.00 filed by Monitronics International, Inc. (Attachments: #1 Exhibit Certified Copy of State Court File, #2 Exhibit Correspondence - Houston Demand, #3 Exhibit Notice to Opposing Counsel of Removal to Federal Court, #4 Exhibit Notice to Circuit Court of Removal to Federal Court)(Wilding, Jerry) Modified on 7/12/2023 to correct docketing event used and add receipt information. |
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