La Grande Supermarket LLC v. Acuity
| La Grande Supermarket LLC |
| Acuity |
| 3:2023cv00375 |
| February 17, 2023 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Contract: Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 16 Joint Designation of Mediator by Acuity. (Upshaw, Michael) Modified text on 4/10/2023 (mms). |
| Filing 15 (Document Restricted) Defendant's Attorney Information (Sealed pursuant to SO 19-1, statute, or rule) filed by Acuity (Upshaw, Michael) |
Filing 14
SCHEDULING ORDER: Jury Trial set for 5/6/2024 09:00 AM before Judge Ed Kinkeade. Deadline for mediation is on or before 7/21/2023. Joinder of Parties due by 5/17/2023. Amended Pleadings due by 5/17/2023. Discovery due by 11/1/2023. Motions due by 12/1/2023. Pretrial Order due by 4/10/2024. Pretrial Materials due by 4/10/2024. (Ordered by Judge Ed Kinkeade on 3/9/2023) (chmb) (Main Document 14 replaced on 3/9/2023) (chmb). Modified on 3/9/2023 (chmb).
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| Filing 13 Joint STATUS REPORT filed by Acuity. (Upshaw, Michael) |
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Filing 12
ELECTRONIC ORDER: Defendant removed this case to federal court on February 17, 2023, alleging the Court has diversity jurisdiction in this matter. Notice of Removal (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. These changes became 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). Both Plaintiff and Defendant filed their respective disclosure statements. See Doc. Nos. 9 & 11. The Court instructs the parties to be mindful of their on-going obligations under Rule 7.1. See id. 7.1(a)(2)(B), (b)(2). (Ordered by Judge Ed Kinkeade on 3/1/2023) (chmb)
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| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Acuity. (Clerk QC note: Affiliate entry indicated). (Upshaw, Michael) |
| Filing 10 NOTICE of of Service filed by La Grande Supermarket LLC (Wilson, Chad) |
| Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by La Grande Supermarket LLC. (Clerk QC note: No affiliate entered in ECF). (Wilson, Chad) |
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Filing 8
ELECTRONIC ORDER: The Court issued an order on February 21, 2023, instructing the parties that their respective Certificate of Interested Persons/Disclosure Statement must properly reflect the citizenship of each party as well as identify the members of any unincorporated association. See Doc. No. 6. Plaintiff La Grande Supermarket, LLC filed its Certificate of Interested Persons (Doc. No. 7) today, but it fails to (1) properly reflect its citizenship and (2) identify its members (since it is a limited liability company). As a reminder, an allegation of "residence" is not an allegation of "citizenship" for diversity purposes. MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 313 (5th Cir. 2019) ("[C]itizenship and residence, as often declared by this court, are not synonymous terms."). Plaintiff is ORDERED to file an amended certificate of interested persons by February 27, 2023 or be subject to sanctions for failure to comply with an order of the court. (Ordered by Judge Ed Kinkeade on 2/23/2023) (chmb)
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| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by La Grande Supermarket LLC. (Clerk QC note: No affiliate entered in ECF). (Wilson, Chad) |
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Filing 6
ELECTRONIC ORDER: Defendant Acuity, A Mutual Insurance Company, removed this case to federal court on the basis of diversity jurisdiction. See Doc. No. 1 at 2. Defendant properly alleged the parties' citizenship in its Notice of Removal. See id. Where subject matter jurisdiction is premised on diversity, the Court also requires that each party's Certificate of Interested Persons/Disclosure Statement properly reflect the citizenship of each party as well as identify the members of any unincorporated association. Defendant's Certificate of Interested Parties and Rule 7.1 Corporate Disclosure (Doc. No. 1-10) does not comply. Accordingly, the Court ORDERS Defendant to file an amended certificate of interested persons/disclosure statement by February 28, 2023. Plaintiff must also ensure that its certificate of interested persons/disclosure statement complies with this requirement. (Ordered by Judge Ed Kinkeade on 2/21/2023) (chmb)
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| Filing 4 NOTICE of Attorney Appearance by Chad Troy Wilson for Joseph Milensky on behalf of La Grande Supermarket LLC. (Wilson, Chad) |
| Filing 5 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. (acm) |
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Filing 3
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 2/17/2023) (chmb)
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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, plaintiff La Grande Supermarket, LLC, shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so may result in dismissal of this case without prejudice and without further notice. (Ordered by Judge Ed Kinkeade on 2/17/2023) (chmb)
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| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Acuity A Mutual Insurance Company. (Filing fee $402; receipt number ATXNDC-13528565) 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 Civil Cover Sheet, #2 Cover Sheet Supplement Supplemental Civil Cover Sheet, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C-1, #6 Exhibit(s) C-2, #7 Exhibit(s) C-3, #8 Exhibit(s) C-4, #9 Exhibit(s) C-5, #10 Exhibit(s) D, #11 Exhibit(s) E, #12 Exhibit(s) F) (Upshaw, Michael) Modified attachment 10 description on 2/17/2023 (acm). |
| CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Acuity. (Clerk QC note: No affiliate entered in ECF). (see document #1 - 10 for image.) (acm) |
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