TAYLOR et al v. TITLEMAX OF VIRGINIA, INC. et al
| ARNETTE TAYLOR, CASSIUS CALDWELL, CHAD HERRING, CHADWICK STOKES, CHRISTOPHER BATCHELOR, CHRISTOPHER JOLINE, CONATANCE TURNAGE, DONMILLENA BELL, GUSTAVIUS TOLBERT, HAROLD RODGERS, JR, JENNIFER SNIPES, JESSICA UPSHAW, KEYONDRIA KEATON, KYARA DE LOS SANTOS, LASHONNA WILLIAMS, LATONYA GATES, MARCELLA SUTTON, MICHAEL CAMPBELL, MONICA TOWNSEND, REGINA THOMPSON, ROBERT GATHINGS, SHIRLENE KAEFER, SONYA FORD, TERON DIXON, THOMAS BUCKNER and TIMOTHY WILLIAMS |
| TITLEMAX OF VIRGINIA, INC., TITLEMAX OF SOUTH CAROLINA, INC. and TMX FINANCE LLC |
| 1:2023cv00408 |
| May 17, 2023 |
| US District Court for the Middle District of North Carolina |
| LORETTA C BIGGS |
| JOE L WEBSTER |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Fraud |
| None |
Docket Report
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This docket was last retrieved on August 1, 2023. A more recent docket listing may be available from PACER.
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| Set Hearings: Initial Pretrial Conference set for 8/30/2023 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim) |
| TEXT ORDER: Based upon review of the response to the Court's subject-matter jurisdiction inquiry (Docket Entries 17, 18), the Court concludes that it has subject-matter jurisdiction over this matter. This case may now proceed. The Initial Pretrial Conference Hearing shall be reset for 8/30/2023 at 09:30 AM in Durham, Courtroom #1. The scheduled initial pretrial conference is automatically canceled upon the submission to the Court a Joint Rule 26(f) Report (LR 16.2) that includes L.R. 5.4 & 5.5. Issued by MAG/JUDGE JOE L. WEBSTER on 7/31/2023. (Lee, Pedra) |
| Filing 18 Corporate Disclosure Statement by TMX FINANCE LLC. (WOODROW, THOMAS) (Main Document 18 replaced on 7/24/2023 with flattened image and event corrected.) (Hicks, Samantha) |
| Filing 17 RESPONSE TO SHOW CAUSE ORDER filed by TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF VIRGINIA, INC., TMX FINANCE LLC. Replies due by 8/4/2023 (Attachments: #1 Exhibit A - TMX Finance LLC 10-K 2012, #2 Exhibit B - Christopher Dunn Declaration, #3 Exhibit C - TMX Finance Holdings DE Bus. Entity Search, #4 Exhibit D - TMX Finance Holdings TX Franchise Tax Status)(WOODROW, THOMAS) |
| Filing 16 STIPULATION of Dismissal of Party Michael Campbell by MICHAEL CAMPBELL. (BROWN, ANDREW) |
| TEXT ORDER: This matter is before the Court sua sponte and pursuant to its independent duty to assess whether it has subject-matter jurisdiction to adjudicate the claims presented. Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006) ("[C]ourts... have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party."). Defendants removed this case from state court, asserting diversity jurisdiction pursuant to 28 U.S.C. 1332(a). (Docket Entry 1 at 2-9.) The Court questions subject-matter jurisdiction in this case, specifically as it relates to the citizenship of Defendant TMX Finance LLC. Defendants state that TMX Finance LLC is a Delaware corporation with corporate offices in Georgia. (Id. at 3.) It is unclear if said Defendant is a limited liability company; if so, the citizenship of an unincorporated association such as an LLC is determined by the citizenship of all of its members, see Americold Realty Trust v. Conagra Foods, Inc., 577 U.S. 378, 381 (2016); Cent. W. Va. Energy Co., 636 F.3d at 103 ("For purposes of diversity jurisdiction, the citizenship of a limited liability company... is determined by the citizenship of all of its members...."). IT IS HEREBY ORDERED that Defendants shall have no later than July 21, 2023 to show cause why the exercise of subject-matter jurisdiction is appropriate by filing evidence sufficient to support diversity jurisdiction (or a brief explaining why evidence already of record is sufficient), specifically about the citizenship of the members of Defendant TMX Finance LLC. If Defendant TMX Finance LLC is an incorporated entity, Defendants shall explain and provide evidence of such. Failure to file the appropriate evidence, or a brief will result in remand of the case to the state court or other appropriate action without further notice. See 28 U.S.C. 1447(c). IT IS FURTHER ORDERED that #15 Rule 26(f) Report shall be terminated, and upon determination that subject-matter jurisdiction exists in this matter, the Court will reset the Initial Pretrial Conference Hearing at the earliest possible date (to be determined by the Court). Issued by MAG/JUDGE JOE L. WEBSTER on 7/7/2023.(Lee, Pedra) |
| Motions Referred: RE: #15 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim) |
| Filing 15 REPORT Rule 26f by Defendants TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF VIRGINIA, INC., TMX FINANCE LLC. (WOODROW, THOMAS) Modified on 6/26/2023 to correct event used (Garrett, Kim). |
| Filing 14 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 7/12/2023 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim) |
| Filing 13 ANSWER to #10 Complaint,, by TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF VIRGINIA, INC., TMX FINANCE LLC. (WOODROW, THOMAS) |
| Filing 12 Notice of Right to Consent. (Attachments: #1 Consent Form) (Bowers, Alexis) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Bowers, Alexis) |
| Case Assigned to JUDGE LORETTA C. BIGGS and MAG/JUDGE JOE L. WEBSTER. (Powell, Gloria) |
| Filing 11 Summons Issued as to TMX FINANCE LLC. (State Court documents originally filed in Guilford County Superior Court, case number 23cvs4439, issued on 04/12/2023, listed as docket entry #9 ) (Bowers, Alexis) |
| Filing 10 COMPLAINT against TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF VIRGINIA, INC., TMX FINANCE LLC, filed by JENNIFER SNIPES, ROBERT GATHINGS, CONATANCE TURNAGE, TIMOTHY WILLIAMS, MARCELLA SUTTON, CASSIUS CALDWELL, SHIRLENE KAEFER, ARNETTE TAYLOR, MICHAEL CAMPBELL, KEYONDRIA KEATON, LATONYA GATES, SONYA FORD, THOMAS BUCKNER, CHRISTOPHER JOLINE, CHAD HERRING, GUSTAVIUS TOLBERT, JESSICA UPSHAW, LASHONNA WILLIAMS, REGINA THOMPSON, KYARA DE LOS SANTOS, DONMILLENA BELL, CHADWICK STOKES, TERON DIXON, MONICA TOWNSEND, HAROLD RODGERS, JR, CHRISTOPHER BATCHELOR. (State Court documents originally filed in Guilford County Superior Court, case number 23cvs4439, listed as Exhibit A to the #1 Petition for Removal)(Bowers, Alexis) |
| Filing 9 Additional Attachments to Main Document re #1 Petition for Removal. (WOODROW, THOMAS) |
| Filing 8 NOTICE of Special Appearance by attorney STACEY GILMAN on behalf of Defendants TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF VIRGINIA, INC., TMX FINANCE LLC ( Filing fee $ 25 receipt number ANCMDC-3565359.) (GILMAN, STACEY) |
| Filing 7 NOTICE of Special Appearance by attorney ANTHONY DURONE on behalf of Defendants TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF VIRGINIA, INC., TMX FINANCE LLC ( Filing fee $ 25 receipt number ANCMDC-3565356.) (DURONE, ANTHONY) |
| Filing 6 NOTICE of Special Appearance by attorney LAUREN TALLENT on behalf of Defendants TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF VIRGINIA, INC., TMX FINANCE LLC ( Filing fee $ 25 receipt number ANCMDC-3565354.) (TALLENT, LAUREN) |
| Filing 5 Corporate Disclosure Statement. (WOODROW, THOMAS) |
| Filing 4 Corporate Disclosure Statement identifying Corporate Parent TMX FINANCE LLC for TITLEMAX OF SOUTH CAROLINA, INC... (WOODROW, THOMAS) |
| Filing 3 Corporate Disclosure Statement identifying Corporate Parent TMX FINANCE LLC for TITLEMAX OF VIRGINIA, INC... (WOODROW, THOMAS) |
| Filing 2 NOTICE of Attorney Appearance by attorney THOMAS R. WOODROW on behalf of Defendants TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF VIRGINIA, INC., TMX FINANCE LLC (WOODROW, THOMAS) |
| Filing 1 PETITION FOR REMOVAL from Guilford County Superior Court, case number 23cvs4439 against All Plaintiffs ( Filing fee $ 402 receipt number CNCMDC-3565002.)(Related Case # 19-489), filed by TMX FINANCE LLC, TITLEMAX OF VIRGINIA, INC., TITLEMAX OF SOUTH CAROLINA, INC.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A. Superior Court Complaint, #3 Exhibit B. Notice of Filing of Removal)(WOODROW, THOMAS) Modified on 5/18/2023 to add State Court information. (Bowers, Alexis). |
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