US Realty Holding, LTD et al v. Mid-Continent Casualty Company
| US Realty Holding, LTD, ASA Management, Inc. and ASA Management Inc |
| Mid-Continent Casualty Company |
| 3:2022cv00075 |
| January 13, 2022 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Contract: Insurance |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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Filing 6
Order: This case is REMANDED to the 134th Judicial District Court of Dallas County, Texas. The clerk shall mail a certified copy of this order to the district clerk of Dallas County, Texas. (Ordered by Senior Judge A. Joe Fish on 1/25/2022) (Attachments: #1 Remand Letter) (ykp)
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| Clerk's Notice of Mailing a certified copy of the docket sheet, #6 Order of Dismissal or Administrative Closure, and Remand Letter. (ykp) |
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Filing 5
ORDER: Diversity of citizenship jurisdiction requires complete diversity. Generally, the citizenship of artificial entities other than corporations is determined by the citizenship of their members. Accordingly, by January 24, 2022, Mid-Continent shall file and serve an amended notice of removal alleging the citizenship of US Realty Holdings. Failure to timely file and serve such an amended notice of removal will result in remand to the 134th Judicial District Court of Dallas County, Texas, without further notice. (Ordered by Senior Judge A. Joe Fish on 1/13/2022) (ndt)
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Filing 4
ELECTRONIC ORDER: On January 13, 2022, the defendant removed this civil action to this court. Local Rule 81.2 provides that "[w]ithin 21 days after the notice of removal is filed, the plaintiff shall file a separately signed certificate of interested persons that complies with LR 3.1(c) or 3.2(e). If the plaintiff concurs in the accuracy of another party's previously-filed certificate, the plaintiff may adopt that certificate." LR 3.1(c) and 3.2(e) in turn require that when a complaint is filed, the plaintiffs must provide the clerk with "a separately signed certificate of interested persons -- in a form approved by the clerk -- that contains -- in addition to the information required by Fed. R. Civ. P. 7.1(a) -- a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary." Accordingly, no later than February 3, 2022, the plaintiffs must comply with Rule 3.1(c) or 3.2(e) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 1/13/2022) (chmb)
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| Filing 3 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (jmg) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Mid-Continent Casualty Company. (Cooper, R) |
| Filing 1 NOTICE OF REMOVAL filed by Mid-Continent Casualty Company. (Filing fee $402; receipt number 0539-12520424) 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 Cover Sheet Supplement, #3 Exhibit(s) A-Index of State Court Filings, #4 Exhibit(s) B-State Court Docket Sheet, #5 Exhibit(s) C-1-Plaintiffs' Original Petition, #6 Exhibit(s) C-2-Defendant's Original Answer, #7 Exhibit(s) C-3-Notice of Trial Date, #8 Exhibit(s) C-4-Uniform Scheduling Order, #9 Exhibit(s) C-5-Rule 11 Agreement, #10 Exhibit(s) C-6-Notice of Appearance, #11 Exhibit(s) C-7-Proposed First Amended Scheduling Order, #12 Exhibit(s) D-1-ASA Management's responses to Defendant's RFA, Interrogatories & RFP, #13 Exhibit(s) D-2-US Realty Holdings' responses to RFA, Interrogatories & RFP) (Cooper, R) |
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