Pacif Holdings TX LLC v. Wave Neuro Sciences Inc et al
| Pacif Holdings TX LLC and Pacific Holdings LLC |
| Wave Neuro Sciences Inc, Learn Capital Venture Partners III LP, Learn Capital Venture Partners IIIA LP, Fred Walke and NBRL Global Ltd |
| 3:2022cv00446 |
| February 24, 2022 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Contract: Other Contract |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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Filing 11
AGREED ORDER GRANTING AGREED MOTION TO REMAND - Before the Court is the Parties' Agreed Motion to Remand (the "Motion") filed by Defendants Wave Neuroscience, Inc. and Fred Walke, and Plaintiff Pacific Holdings, LLC, in the above-styled civil action. The Motion is GRANTED. It is hereby Ordered that the Motion is granted, and this civil action is hereby remanded to the 116th District Court in Dallas County, Texas. (Ordered by Judge Ed Kinkeade on 3/25/2022) (chmb) (Additional attachment(s) added on 3/25/2022: #1 Remand Letter) (mjr).
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| Filing 10 Agreed MOTION to Remand filed by Fred Walke, Wave Neuro Sciences Inc (Attachments: #1 Proposed Order) (Dees, Tom) |
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Filing 9
ELECTRONIC ORDER - Before the Court is Plaintiff's Motion for Alternative Service (the "Motion") (Doc. No. 5). However, per the Court's Citizenship Order (Doc. No. 4), the Court is unsure of its jurisdiction in this case. Thus, the Court will defer ruling on the Motion until the citizenship issues have been resolved. (Ordered by Judge Ed Kinkeade on 3/14/2022) (chmb)
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Filing 8
ELECTRONIC ORDER granting #7 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond. Fred Walke answer or response due 3/28/2022; Wave Neuro Sciences Inc answer or response due 3/28/2022. (Ordered by Judge Ed Kinkeade on 3/14/2022) (chmb)
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| Filing 7 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond filed by Fred Walke, Wave Neuro Sciences Inc (Attachments: #1 Proposed Order) (Dees, Tom) |
| Filing 6 NOTICE of Attorney Appearance by Tom M Dees, III on behalf of Fred Walke, Wave Neuro Sciences Inc. (Filer confirms contact info in ECF is current.) (Dees, Tom) |
| Filing 5 MOTION for Alternative Service filed by Pacif Holdings TX LLC. (Attachments: #1 Exhibit(s) A - Smith Affidavit) (Rosenthal, Brett) Modified on 3/8/2022 (ygl). |
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Filing 4
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). The Court ORDERS Removing Defendants to amend their Notice of Removal to properly reflect the citizenship of Plaintiff Pacific Holdings and Defendants Learn III, Learn IIIA, NBRL Global Ltd., and Walke by March 28, 2022. Furthermore, each party's Certificate of Interested Persons / Disclosure Statement must properly reflect the citizenships of Plaintiff and Defendants. Failure to properly comply with this Order will result in the remand of this case without further notice. (Ordered by Judge Ed Kinkeade on 3/3/2022) (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. (mla) |
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Filing 2
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, Wave Neuroscience, Inc., and Fred Walke, shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so may result defendant's pleadings being stricken and default taken against that defendant without further notice. (Ordered by Judge Ed Kinkeade on 2/24/2022) (chmb)
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| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Wave Neuroscience, Inc., Fred Walke. (Filing fee $402; receipt number 0539-12623410) 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 Declaration(s) Declaration of Gregory V. Mauro, #2 Cover Sheet Cover Sheet, #3 Cover Sheet Supplement Cover Sheet Supplemental, #4 Additional Page(s) Notice of Related Cases, #5 Additional Page(s) Noitce of Interested Parties) (Addison, Robert) |
| CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT, see document #1 for image, by Wave Neuro Sciences Inc. (mla) |
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