Galvez v. Family Dollar Stores of Texas LLC
| Maria Galvez |
| Family Dollar Stores of Texas LLC doing business as Family Dollar #10932 |
| 3:2022cv02649 |
| November 28, 2022 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. ยง 1441 Petition for Removal- Personal Injury |
| Plaintiff |
Docket Report
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Filing 9
ELECTRONIC ORDER: On November 29, 2022, the Court entered its Order Requiring Scheduling Conference and Report for Contents of Scheduling Order (the "Order to Confer") (Doc. No. 3). The Order to Confer directed the parties to meet and confer "as soon as practicable, but in no event later than 10 days from the date of this order (the 'Scheduling Conference')." Doc. No. 3 at 1. The Order to Confer further requires the parties to file their Joint Report "no later than 20 days from the date of the Scheduling Conference". Id. at 2. To-date, the parties have not filed their Joint Report as ordered by this Court nor have the parties requested an extension of time. See Fed. R. Civ. P. 16(b). The parties shall file their Joint Report no later than January 31, 2023.Furthermore, the Order to Confer requires the parties to file a Certificate of Interested Persons, if such has not already been filed, "no later than 7 days from the date of this order so that the Court may ensure that recusal is not necessary." Id. Plaintiff has failed to do so. Plaintiff shall file her Certificate of Interested Persons no later than January 25, 2023.Failure of either party to comply with this Order may result in a show cause order issuing and/or imposition of any available sanction under the applicable rules or law. (Ordered by Judge Ed Kinkeade on 1/24/2023) (chmb)
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| Filing 8 Second Amended Notice of Removal against Maria Galvez filed by Family Dollar Stores of Texas LLC. 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) 1, #2 Exhibit(s) 2) (Gant, Robin) Docket text modified on 12/12/2022 (twd). |
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Filing 7
ELECTRONIC ORDER: The removing party bears the burden of establishing that federal jurisdiction exists. De Aguilar v. Boeing Co., 47 F.3d 1404, 1408 (5th Cir. 1995). The party seeking to invoke federal diversity jurisdiction has the burden to prove that the amount in controversy exceeds $75,000 and the parties' citizenship is completely diverse. Garcia v. Koch Oil Co. of Tex., 351 F.3d 636, 638-39 (5th Cir. 2003). Federal courts have "a continuing obligation to examine the basis for their jurisdiction." MCG, Inc. v. Great W. Energy Corp., 896 F.2d 170, 173 (5th Cir. 1990). The Court may raise the jurisdictional issue sua sponte at any time. Id.Defendant filed its First Amended Notice of Removal (Doc. No. 6) in response to the Court's order (Doc. No. 4) directing Defendant to cure the deficient allegations of diversity jurisdiction. In its Amended Notice of Removal, Defendant again relies solely on Plaintiff's allegation that she "seeks monetary relief of 250,000 [sic] or less, excluding interest, statutory or punitive damages and penalties, and attorneys fees and costs" as somehow demonstrating the amount in controversy is satisfied. Am. Notice of Removal at 6. There are no other factual allegations regarding the amount in controversy in the Amended Notice of Removal. Further, Plaintiff does not plead a specific amount of damages and it is unclear from the face of Plaintiff's state court petition that the amount in controversy meets the minimum jurisdictional requirement of $75,000 without the Court making certain assumptions or inferences. See 28 U.S.C. 1332(a)."When the plaintiff's complaint does not allege a specific amount of damages, the removing defendant must prove by a preponderance of the evidence that the amount in controversy exceeds [the jurisdictional amount]." De Aguilar, 47 F.3d at 1409. "[B]are allegations [of jurisdictional facts] have been held insufficient to invest a federal court with jurisdiction." See St. Paul Reinsurance Co., Ltd. v. Greenberg, 134 F.3d 1250, 1253 (5th Cir. 1998).Accordingly, Defendant is hereby ORDERED to amend its Amended Notice of Removal to properly demonstrate this Court's subject matter jurisdiction by December 12, 2022 ."It is to be presumed that a cause lies outside [the federal courts'] limited jurisdiction, and the burden of establishing the contrary rests upon the party asserting jurisdiction." Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). If Defendant, as the party seeking the federal forum, has not sufficiently satisfied its burden by then, the Court will remand this case without further notice. (Ordered by Judge Ed Kinkeade on 12/7/2022) (chmb)
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| Filing 6 First AMENDED NOTICE OF REMOVAL by Family Dollar Stores of Texas LLC. Amendment to #1 Notice of Removal. (Gant, Robin) Modified text on 12/9/2022 (sxf). |
| Filing 5 ADDITIONAL ATTACHMENTS (Index of Matters being Filed) to #1 Notice of Removal, by Defendant Family Dollar Stores of Texas LLC. (Attachments: #1 Exhibit(s) A) (Gant, Robin) Modified text on 12/9/2022 (sxf). |
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Filing 4
ORDER: "Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution and statute." Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). 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) (2012). Defendant is ORDERED to amend its Notice of Removal to cure these deficiencies within ten (10) days from the date this Order is signed. Failure to do so will result in remand to state court without further notice. See 28 U.S.C. 1447(c) (in action removed from state court, federal court must remand case any time before final judgment if court determines it lacks subject matter jurisdiction). (Ordered by Judge Ed Kinkeade on 11/29/2022) (chmb)
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Filing 3
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 11/29/2022) (chmb)
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| 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (oyh) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Family Dollar Stores of Texas, LLC d/b/a Family Dollar #10932. (Filing fee $402; receipt number ATXNDC-13328173) 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 Exhibit(s) A, #2 Exhibit(s) A-1, #3 Exhibit(s) A-2, #4 Exhibit(s) B, #5 Exhibit(s) C) (Gant, Robin) |
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| Plaintiff: Maria Galvez | |
| Represented By: | Dorothy Jean Mulcihy |
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| Defendant: Family Dollar Stores of Texas LLC doing business as Family Dollar #10932 | |
| Represented By: | Robin R Gant |
| Represented By: | Ashanti Shar'mae Baker |
| Represented By: | Zach T Mayer |
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