Commercial Funding Inc v. Goodnight Midstream Permian LLC
Commercial Funding Inc. and Commercial Funding Inc |
Goodnight Midstream Permian, LLC and Goodnight Midstream Permian LLC |
3:2019cv02847 |
November 27, 2019 |
US District Court for the Northern District of Texas |
Ed Kinkeade |
Contract: Other Contract |
28 U.S.C. § 1332 |
None |
Docket Report
This docket was last retrieved on January 21, 2020. A more recent docket listing may be available from PACER.
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Filing 14 NOTICE of Dismissal Without Prejudice re: #1 Complaint,,,, #7 Amended Complaint,, filed by Commercial Funding Inc (Yates, Jarom) |
Civil Case Terminated. (chmb) |
Filing 13 ORDER: Plaintiff filed this action on November 27, 2019, alleging this Court's subject matter jurisdiction is based on complete diversity. On December 12, 2019, the Court ordered Plaintiff to amend its complaint to properly allege Defendant's citizenship to establish complete diversity of the parties' citizenship. The Court orders Plaintiff Commercial Funding, Inc. to amend its complaint to properly reflect Defendant Goodnight Midstream Permian, LLC's citizenship on or before January 17, 2020. A federal court has no power to adjudicate claims where subject matter jurisdiction does not exist and, consequently, must dismiss the action. Stockman v. Fed. Election Commn, 138 F.3d 144, 151 (5th Cir. 1998); see FED. R. CIV. P. 12(h)(3). Accordingly, as this is the second time Plaintiff is being ordered to amend its complaint to establish this Court's subject matter jurisdiction, the Court will dismiss this action without further notice if Plaintiff fails to properly allege Defendants citizenship by this deadline. (Ordered by Judge Ed Kinkeade on 1/8/2020) (chmb) |
Filing 12 ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER (Ordered by Judge Ed Kinkeade on 1/6/2020) (chmb) |
Filing 11 Brief/Memorandum in Support filed by Goodnight Midstream Permian LLC re #10 Motion to Dismiss for Failure to State a Claim (Howerton, Vernon) |
Filing 10 Motion to Dismiss for Failure to State a Claim filed by Goodnight Midstream Permian LLC with Brief/Memorandum in Support. Attorney Vernon C Howerton, Jr added to party Goodnight Midstream Permian LLC(pty:dft) (Howerton, Vernon) |
Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Goodnight Midstream Permian LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Howerton, Vernon) |
Filing 8 AFFIDAVIT of Service for Plaintiff's First Amended Complaint served on Grant Adams, General Counsel for Goodnight Midstream Permian, LLC on December 23, 2019. (Yates, Jarom) |
Filing 7 AMENDED COMPLAINT against Goodnight Midstream Permian LLC filed by Commercial Funding Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G) (Yates, Jarom) |
Filing 6 ORDER: Federal courts are vested with subject matter jurisdiction over all civil actions "arising under the Constitution, laws, or treaties of the United States," or where the case in controversy exceeds $75,000 and is between citizens of different states, or between citizens of a state and citizens or subjects of a foreign state. 28 U.S.C. 1331, 1332(a)(1)-(2). Accordingly, the Court orders Plaintiff Commercial Funding, Inc. to properly amend its complaint to reflect Defendant Goodnight Midstream Permian, LLC's citizenship within ten (10) days from the date this order is signed. Each party's Certificate of Interested Persons/Disclosure Statement must also properly reflect the citizenship of Defendant Goodnight Midstream Permian, LLC. Failure to comply with this order will result in dismissal of the case without prejudice and without further notice. (Ordered by Judge Ed Kinkeade on 12/12/2019) (chmb) |
Filing 5 SUMMONS Returned Executed as to Goodnight Midstream Permian LLC; served on 12/4/2019. (axm) Modified served date on 12/12/2019 (mla). |
Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Commercial Funding Inc. identifying Corporate Parent/Other Affiliate Commercial Credit, Inc. for Commercial Funding Inc.. (Yates, Jarom) |
Filing 3 Summons Issued as to Goodnight Midstream Permian, LLC. (ndt) |
Filing 2 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
Filing 1 COMPLAINT against Goodnight Midstream Permian, LLC filed by Commercial Funding Inc.. (Filing fee $400; Receipt number 0539-10443516) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Cover Sheet) (Yates, Jarom) |
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