Doss v. Bloomin Brands Inc
| Elijah Doss |
| Bloomin Brands Inc and Outback Steakhouse |
| 3:2020cv03495 |
| November 25, 2020 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 30, 2020. A more recent docket listing may be available from PACER.
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Filing 16
ELECTRONIC ORDER - Before the Court is Plaintiff's #14 Motion for Hearing. The Court DENIES this motion. The Court will convene an evidentiary hearing only if necessary to develop facts in order to determine the propriety of the removal. (Ordered by Judge Ed Kinkeade on 12/30/2020) (chmb)
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| Filing 15 NOTICE of filing affidavits filed by Elijah Doss (Attachments: #1 Affidavit(s) Liability, Damages) (Abeita, Mitchell) |
| Filing 14 First MOTION for Hearing re #11 First MOTION to Remand to state court filed by Elijah Doss (Abeita, Mitchell) |
| Filing 13 RESPONSE AND OBJECTION filed by Bloomin Brands Inc re: #11 First MOTION to Remand to state court (Attachments: #1 Exhibit(s), #2 Proposed Order) (Lanza, Nicholas) |
| Filing 12 NOTICE of Attorney Appearance by Erik E Ekvall on behalf of Bloomin Brands Inc. (Filer confirms contact info in ECF is current.) (Ekvall, Erik) |
| Filing 11 MOTION to Remand filed by Elijah Doss (Attachments: #1 Proposed Order) (Abeita, Mitchell) |
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Filing 10
ELECTRONIC ORDER denying #9 Motion to Proceed Without Local Counsel. Defendant must designate local counsel within 20 days from the date of this order. From here forward local counsel as well as lead counsel must sign all documents submitted in this case, or those documents will be subject to being stricken and unfiled without further notice. (Ordered by Judge Ed Kinkeade on 12/1/2020) (chmb)
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| Filing 9 MOTION Leave to Proceed without Local Counsel filed by Bloomin Brands Inc. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Proposed Order) (Lanza, Nicholas) |
| Filing 8 AMENDED NOTICE OF REMOVAL by Bloomin Brands Inc. (Lanza, Nicholas) Modified event text on 12/2/2020 (jmg). |
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Filing 7
ORDER: Federal courts are vested with subject-matter jurisdiction over all civil actions "rising 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) (2012). Within ten (10) days from the date this Order is signed, Defendant may amend its Removal to properly reflect Plaintiff's citizenship and, therefore, diversity jurisdiction. Failure to do so will result in remand to state court without further notice. See 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."). (Ordered by Judge Ed Kinkeade on 11/30/2020) (chmb)
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Filing 6
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 11/25/2020) (chmb)
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| Filing 5 ADDITIONAL ATTACHMENTS to #1 Notice of Removal by Defendant Bloomin Brands Inc. (Lanza, Nicholas) |
| Filing 4 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. (mjr) |
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Filing 3
ELECTRONIC ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in this district. Accordingly, within twenty days of this date, Defendant, Bloomin Brands, Inc., shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so may result defendants pleadings being stricken and default taken against that defendant without further notice. (Ordered by Judge Ed Kinkeade on 11/25/2020) (chmb)
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| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bloomin Brands, Inc. (Lanza, Nicholas) Modified on 11/25/2020 (mjr). |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bloomin Brands, Inc.. (Filing fee $400; receipt number 0539-11388666) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific 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 and Instructions 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 Cover Sheet, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s)) (Lanza, Nicholas) |
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