Ultimate Acquisition Corp v. Mitchell et al
Plaintiff: Ultimate Acquisition Corp doing business as Ultimate Tool & Safety
Defendant: Ky Mitchell, T&E Equipment Inc and T&E Flow Services LLC
Case Number: 3:2023cv00325
Filed: February 13, 2023
Court: US District Court for the Northern District of Texas
Presiding Judge: Ed Kinkeade
Nature of Suit: Contract: Other Contract
Cause of Action: 28 U.S.C. § 1332 Diversity-(Citizenship)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2023 Civil Case Terminated Pursuant to Plaintiff's Notice of Voluntary Dismissal. (chmb)
March 7, 2023 Filing 16 PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) filed by Ultimate Acquisition Corp (Cox, Gregory) Modified on 3/8/2023 (chmb).
March 3, 2023 Filing 15 ***DUPLICATE TO #14 *** CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ultimate Acquisition Corp. (Clerk QC note: No affiliate entered in ECF). (Cox, Gregory) Modified text on 3/6/2023 (mms).
March 3, 2023 Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ultimate Acquisition Corp. (Clerk QC note: No affiliate entered in ECF). (Cox, Gregory)
March 2, 2023 Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by T&E Equipment Inc, T&E Flow Services LLC. (Clerk QC note: No affiliate entered in ECF). (Sanders, Jason)
March 2, 2023 Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by T&E Equipment Inc, T&E Flow Services LLC. (Clerk QC note: No affiliate entered in ECF). (Sanders, Jason)
March 1, 2023 Opinion or Order Filing 11 ELECTRONIC ORDER: Defendant T&E Equipment, Inc. removed this case to federal court on February 13, 2023, alleging the Court has diversity jurisdiction in this matter. Notice of Removal (Doc. No. 1) at 3. 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 none of the parties in this matter have filed their respective disclosure statements as required under Rule 7.1. Accordingly, each party is ORDERED to file their respective Rule 7.1 disclosure statement by March 8, 2023. Failure to comply with this Order may result in sanctions being imposed. 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)
February 22, 2023 Opinion or Order Filing 10 ORDER: The Court ORDERS Plaintiff to file a brief by March 22, 2023 addressing: (1) whether Non-Diverse Defendant T&E was improperly joined to this action; and (2) whether this affects the Court's subject-matter jurisdiction. Removing Defendant may file a response within 14 days of Plaintiff's brief. Unless otherwise ordered by the Court, no reply will be allowed. (Ordered by Judge Ed Kinkeade on 2/22/2023) (chmb)
February 21, 2023 Filing 9 Appendix in Support filed by T&E Equipment Inc, T&E Flow Services LLC re #8 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Sanders, Jason)
February 21, 2023 Filing 8 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by T&E Equipment Inc, T&E Flow Services LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Granting T&E Defendants' Motion to Dismiss and Brief in Support) (Sanders, Jason)
February 17, 2023 Filing 7 AMENDED DOCUMENT by T&E Equipment Inc. Amendment to #1 Notice of Removal. (Sanders, Jason)
February 14, 2023 Opinion or Order Filing 6 *** DISREGARD - DOCKETED IN ERROR *** ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 2/14/2023) (chmb) Modified on 2/14/2023 (chmb).
February 14, 2023 Opinion or Order Filing 5 ELECTRONIC ORDER: The Court hereby VACATES the ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 2/14/2023) (chmb)
February 14, 2023 ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Tue Feb 14 10:40:52 CST 2023 (crt)
February 13, 2023 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. (acm)
February 13, 2023 Opinion or Order Filing 3 ***VACATED BY ORDER (Doc. No. 5)*** ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 2/13/2023) (chmb) Modified on 2/14/2023 (chmb).
February 13, 2023 Opinion or Order Filing 2 ELECTRONIC ORDER: Defendant T&E Equipment, Inc. ("T&E Equipment") removed this case to federal court on the basis of diversity jurisdiction. See Doc. No. 1 at 2, 4-5. T&E Equipment alleges the parties' citizenship is completely diverse because Defendant T&E Flow, LLC ("T&E Flow") was improperly joined and, therefore, its citizenship can be disregarded for diversity purposes. Id. at 5-8. No where in the Notice of Removal does T&E Equipment actually allege T&E Flow's citizenship. While it made an improper joinder argument, T&E Equipment must nevertheless include citizenship allegations for T&E Flow. Cf. Carden v. Arkoma Associates, 494 U.S. 185, 196 (1990) (diversity jurisdiction is determined by citizenship of "'all the members'" of the unincorporated entity or association); Settlement Funding, L.L.C. v. Rapid Settlements, Ltd., 851 F.3d 530, 536 (5th Cir. 2017) (allegations of an LLC's citizenship must include the identity of each member as well as each member's citizenship); Basurto v. Mervyn's, LLC, 2007 WL 390711, at *1 (N.D. Tex. Jan. 30, 2007)(Fish, C.J.) (citizenship of LLC not determined by state in which it was organized or has principal place of business unless one of its members is a citizen of that state). Accordingly, T&E Equipment must file an amended Notice of Removal by February 21, 2023 which contains citizenship allegations for EACH party. Failure to comply with this Order will result in remand to state court without further notice. (Ordered by Judge Ed Kinkeade on 2/13/2023) (chmb)
February 13, 2023 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by T&E Equipment, Inc.. (Filing fee $402; receipt number ATXNDC-13512080) 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 Ex A - Civil Cover Sheet, #2 Cover Sheet Supplement Ex B - Supplemental Civil Cover Sheet, #3 Exhibit(s) C - Index of Documents Filed in State Court, #4 Exhibit(s) C-1 - State Court Docket, #5 Exhibit(s) C-2 - Transfer Certificate, #6 Exhibit(s) C-3 - Plaintiff's Original Petition, #7 Exhibit(s) C-4 - Service Request Form, #8 Exhibit(s) C-5 - Motion to Transfer Venue, #9 Exhibit(s) C-6 - Agreed Order Transferring Venue, #10 Exhibit(s) C-7 - Plaintiff's Application for TRO and TI, #11 Exhibit(s) C-8 - Proposed Order Granting TRO, #12 Exhibit(s) C-9 - Proposed Order Denying TRO, #13 Exhibit(s) C-10 - Mitchell's Original Answer, #14 Exhibit(s) C-11 - Order Denying TRO, #15 Exhibit(s) C-12 - Notice of Initial Dismissal Hearing, #16 Exhibit(s) C-13 - Notice of Non-Jury Trial, #17 Exhibit(s) C-14 - Uniform Scheduling Order, #18 Exhibit(s) C-15 - Motion to Compel Arbitration, #19 Exhibit(s) C-16 - Notice of Appearance, #20 Exhibit(s) C-17 - Proposed Order Granting Motion to Compel Arbitration, #21 Exhibit(s) C-18 - Plaintiff's First Amended Petition, #22 Declaration(s) Ex D - Declaration of Eric Bean, #23 Declaration(s) Ex E - Declaration of Todd Nelson, #24 Exhibit(s) Ex F - Consent to Remove by Ky Mitchell) (Sanders, Jason)
February 13, 2023 ***Clerk's Notice of delivery: (see NEF for details) Docket No:2,3. Mon Feb 13 15:13:32 CST 2023 (crt)

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Plaintiff: Ultimate Acquisition Corp doing business as Ultimate Tool & Safety
Represented By: Gregory Bradford Cox
Represented By: Ryan Logan Valdez
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Defendant: Ky Mitchell
Represented By: Jason Andrew LeBoeuf
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Defendant: T&E Equipment Inc
Represented By: Jason L Sanders
Represented By: Caroline Elizabeth Allen
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Defendant: T&E Flow Services LLC
Represented By: Caroline Elizabeth Allen
Represented By: Jason L Sanders
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