THOMPSON v. NIAGARA BOTTLING, LLC et al
| TINA THOMPSON |
| NIAGARA BOTTLING, LLC, MILESBURG PROPERTIES, LLC, VNE CORPORATION, RIEGER FLOW PRODUCTS, LLC, NEUMO EHRENBERG GROUP, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, COCA COLA BOTTLING COMPANY, COCA COLA COMPANY, JOHN DOE 5 and JOHN DOE 6 |
| 2:2023cv00659 |
| April 21, 2023 |
| US District Court for the Western District of Pennsylvania |
| Patricia L Dodge |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Notice of Removal-Personal Injury |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 10
ORDER re #7 Amended Notice of Removal. Federal district courts have limited jurisdiction and "may not exercise jurisdiction absent a statutory basis." Home Depot U.S.A., Inc. v. Jackson, 139 S. Ct. 1743, 1746 (2019). "The Court may raise the lack of subject matter jurisdiction and remand a removal case sua sponte." Papa v. Coraopolis Borough, No. 2:20-cv-1585-NR, 2020 WL 7424979, at *1 (W.D. Pa. Dec. 18, 2020). Based on a review of Defendant MILESBURG PROPERTIES, LLC's and Defendant NIAGARA BOTTLING, LLC's #7 Amended Notice of Removal, there appears to be several questions as to whether this Court has diversity jurisdiction (ECF No. 7), and a full briefing on the issue would assist the Court in resolving these issues. However, not all parties have been served. Thus, IT IS HEREBY ORDERED that a briefing schedule will be scheduled after all defendants have been served, and it is FURTHER ORDERED that deadlines for any responsive pleadings are held in abeyance pending resolution of the issue of the Court's subject matter jurisdiction. Signed by Magistrate Judge Patricia L. Dodge on 5/19/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe)
|
|
Filing 9
ORDER that no later than the later of June 2, 2023 or fourteen days after counsel for a defendant enters their appearance, the parties shall either consent to jurisdiction by the magistrate judge or elect to have a district judge assigned to the case by completing the Consent to Jurisdiction by United States Magistrate Judge/District Judge Option form, found on the Court's website, and shall file the form with the Clerk's Office. Signed by Magistrate Judge Patricia L. Dodge on 5/19/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe)
|
| Filing 8 Stipulation for Extension of Time to Answer by NIAGARA BOTTLING, LLC, MILESBURG PROPERTIES, LLC Answer due from NIAGARA BOTTLING, LLC on 5/24/2023; MILESBURG PROPERTIES, LLC on 5/24/2023. (Upin, Joshua) |
| Filing 7 AMENDED DOCUMENT Notice of Removal by MILESBURG PROPERTIES, LLC, NIAGARA BOTTLING, LLC. Amendment to #1 Notice of Removal,,,. (Attachments: #1 Exhibit 1 to Amended Notice of Removal - 2023.03.02_Complaint, #2 Exhibit 2 to Amended Notice of Removal - Allegheny Court of Common Pleas docket and complete copies of all items on docket except complaints, #3 Exhibit 3 to Amended Notice of Removal - Amended Complaint, #4 Exhibit 4 to Amended Notice of Removal - VNE Corporation Entity Details, #5 Exhibit 5 to Amended Notice of Removal - Niagara Bottling LLC Entity Details, #6 Exhibit 6 to Amended Notice of Removal - Milesburg Properties LLC Entity Details, #7 Exhibit 7 to Amended Notice of Removal - Rieger Flow Products LLC Entity Details, #8 Exhibit 8 to Amended Notice of Removal - German Register for Gebr. Rieger GmbH plus Co. KG, #9 Exhibit 9 to Amended Notice of Removal - Rieger Website _ Rieger Flow Products) (Upin, Joshua) |
| Filing 6 NOTICE of Appearance by Joshua Upin on behalf of MILESBURG PROPERTIES, LLC, NIAGARA BOTTLING, LLC. (Upin, Joshua) |
|
Filing 4
MEMORANDUM ORDER regarding diversity of citizenship among the parties. Amended Notice of Removal due on or before 5/9/2023. Signed by Magistrate Judge Patricia L. Dodge on 4/25/2023. (mqe)
|
| Filing 3 Disclosure Statement identifying Niagra Bottling LLC as corporate parent or other affiliate, by MILESBURG PROPERTIES, LLC. (Cohen, Barry) |
| Filing 2 Disclosure Statement identifying None as corporate parent or other affiliate, by NIAGARA BOTTLING, LLC. (Cohen, Barry) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal,,,. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A AND identifying citizenship pursuant to FRCvP 7.1(a)(2), which took effect on December 1, 2022. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 5/1/2023. (jd) |
| Filing 1 NOTICE OF REMOVAL from ALLEGEHNY COUNTY, case number GD 23-2877 with Plaintiff Jury Demand Copies attached: Lower Court Complaint, Amended Complaint, Exhibits, Entity Details (Filing fee, including Administrative fee, $402, receipt number APAWDC-7651788), filed by NIAGARA BOTTLING, LLC, MILESBURG PROPERTIES, LLC. (Attachments: #1 Exhibit 1- Complaint, #2 Exhibit 2- Amended Complaint, #3 Exhibit 3- All documents on state docket, #4 Exhibit 4-Niagara Bottling LLC Entity Details, #5 Exhibit 5- Milesburg Properties LLC Entity Details, #6 Exhibit 6- VNE Corporation Entity Details, #7 Exhibit 7- Rieger Flow Products LLC Entity Details, #8 Civil Cover Sheet) (jd) Modified text on 4/24/2023. (jd) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
