Lewis v. Bridgestone Americas Tire Operations LLC
| Ashley Lewis |
| Bridgestone Americas Tire Operations LLC and Bridgestone |
| 3:2023cv00099 |
| January 13, 2023 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on March 1, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bridgestone Americas Tire Operations LLC. (Clerk QC note: No affiliate entered in ECF). (Powell, Colin) |
Filing 9
ELECTRONIC ORDER: Plaintiff filed this case in federal court on January 13, 2023, alleging the Court has diversity jurisdiction in this matter. Compl. (Doc. No. 1) at 2. Rule 7.1 of the Federal Rules of Civil Procedure was recently amended to include a specific disclosure requirement for parties or intervenors in cases where subject matter jurisdiction is based on diversity under 28 U.S. C. 1332(a). Fed. R. Civ. P. 7.1 (effective December 1, 2022). Rule 7.1(a)(2) provides that a party or intervenor in a diversity case shall file a disclosure statement which "must name-and identify the citizenship of-every individual or entity whose citizenship is attributed to that party or intervenor: (A) when the action is filed in or removed to federal court, and (B) when any later event occurs that could affect the court's jurisdiction under 1332(a). Id. (emphasis added). Rule 7.1(b) requires the party or intervenor to file the disclosure statement upon "its first appearance, pleading, petition, motion, response, or other request addressed to the court" and to file any supplemental statement "promptly" "if any required information changes." Id. 7.1(b)(1)-(2). The record reflects that Defendant failed to file its disclosure statement as required under Rule 7.1. Accordingly, Defendant is ORDERED to file its Rule 7.1 disclosure statement by March 8, 2023. Further, the Court instructs the parties to be mindful of their on-going obligations under Rule 7.1. (Ordered by Judge Ed Kinkeade on 3/1/2023) (chmb)
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| Filing 8 ANSWER to #6 Amended Complaint with Jury Demand filed by Bridgestone Americas Tire Operations 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. Attorney Scott G. Edwards added to party Bridgestone Americas Tire Operations LLC(pty:dft) (Edwards, Scott) Modified text on 2/15/2023 (mms). |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ashley Lewis. (Clerk QC note: No affiliate entered in ECF). (Mitchell, James) |
| Filing 6 AMENDED COMPLAINT against Bridgestone Americas Tire Operations LLC filed by Ashley Lewis. 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. (Mitchell, James) |
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Filing 5
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). Plaintiff may amend his Complaint to properly allege Defendant Bridgestone's citizenship no later than ten (10) days from the date this order is signed. Further, if he chooses to file an amended complaint, Plaintiff is instructed to correct the spelling of Defendant Bridgestone's name in the amended complaint as well as all future filings. Each party's Certificate of Interested Persons/Disclosure Statement must also properly reflect the citizenship of Defendant Bridgestone or it shall be unfiled for failure to comply with this Order. If Plaintiff fails to demonstrate complete diversity of the parties' citizenship, the Court shall dismiss the case without prejudice and without further notice for lack of subject matter jurisdiction. 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."); Stafford, 945 F.2d at 805 ("Failure adequately to allege the basis for diversity jurisdiction mandates dismissal."). (Ordered by Judge Ed Kinkeade on 1/13/2023) (chmb)
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| Filing 4 Summons Issued as to Bridgestone Americas Tire Operations LLC. (mms) |
| 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (mms) |
| Filing 2 ADDITIONAL ATTACHMENTS to #1 Complaint by Plaintiff Ashley Lewis. (Mitchell, James) Modified text on 1/13/2023 (mms). |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Ashley Lewis. (Filing fee $402; Receipt number ATXNDC-13439356) Clerk to issue summons(es). 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, 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 Cover Sheet) (Mitchell, James) |
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