Lee v. Donahue et al
| Chen Lee |
| Brock Kevin Donahue and PV Holding Corporation |
| 3:2023cv00504 |
| March 6, 2023 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Torts/Pers Inj: Motor Vehicle |
| 28 U.S.C. ยง 1441 Petition for Removal- Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2023. A more recent docket listing may be available from PACER.
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Filing 7
ELECTRONIC ORDER: On March 7, 2023, the plaintiff was ordered to file a certificate of interested persons satisfying the requirements of Local Rule 3.1(c) or 3.2(e) no later than March 27, 2023 (docket entry 4) but has failed to do so. Accordingly, this case is dismissed without prejudice. Rule 16(f)(1)(C), F.R. Civ. P. (Ordered by Senior Judge A. Joe Fish on 3/29/2023) (chmb)
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| Civil case terminated. (chmb) |
| Filing 6 AMENDED DOCUMENT (First Amended Notice of Removal) by PV Holding Corporation, Brock Kevin Donahue. Amendment to #1 Notice of Removal. (Attachments: #1 Exhibit(s) 1 - Index of State Court Filings, #2 Exhibit(s) 1A - Plaintiff's Original Petition, #3 Exhibit(s) 1B - Citation issued to Brock Kevin Donahue, #4 Exhibit(s) 1C - Return of Service on PV, #5 Exhibit(s) 1D - Return of Service on Donahue, #6 Exhibit(s) 1E - Def PV's Original Answer, #7 Exhibit(s) 1F Def Donahue's Original Answer, #8 Exhibit(s) 1G Affidavit of Jeanne Motosko, #9 Exhibit(s) 2 - State Court Docket Sheet, #10 Cover Sheet, #11 Cover Sheet Supplement) (Knight, Katherine) Modified text on 3/13/2023 (sxf). |
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Filing 5
ORDER: From the defendants' allegations, the court cannot tell whether there is diversity of citizenship or not. Accordingly, the defendants shall file and serve an amended notice of removal alleging the (1) state of incorporation and (2) principal place of business of PV Holding no later than 3/14/2023. Failure to timely file and serve such an amended notice of removal will result in remand to the District Court for the 134th Judicial District in Dallas County, Texas without further notice. (Ordered by Senior Judge A. Joe Fish on 3/7/2023) (twd)
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Filing 4
ELECTRONIC ORDER: On March 6, 2023, the defendants Brock Kevin Donahue and PV Holding Corporation removed this civil action to this court. Local Rule 81.2 provides that "[w]ithin 21 days after the notice of removal is filed, the plaintiff shall file a separately signed certificate of interested persons that complies with LR 3.1(c) or 3.2(e). If the plaintiff concurs in the accuracy of another party's previously-filed certificate, the plaintiff may adopt that certificate." LR 3.1(c) and 3.2(e) in turn require that when a complaint is filed, the plaintiff must provide the clerk with "a separately signed certificate of interested persons -- in a form approved by the clerk -- that contains -- in addition to the information required by Fed. R. Civ. P. 7.1(a) -- a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary." Accordingly, no later than March 27, 2023, Chen Lee must comply with Rule 3.1(c) or 3.2(e) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 3/7/2023) (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. (mlb) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by PV Holding Corporation. (Clerk QC note: No affiliate entered in ECF). (Knight, Katherine) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by PV Holding Corporation, Brock Kevin Donahue. (Filing fee $402; receipt number ATXNDC-13567415) 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) 1 - Index of State Court Filings, #2 Exhibit(s) 1A - Plaintiff's Original Petition, #3 Exhibit(s) 1B - Citation issued to Brock Kevin Donahue, #4 Exhibit(s) 1C - Return of service on PV Holding, #5 Exhibit(s) 1D - Return of Service on Donahue, #6 Exhibit(s) 1E - PV Holding's Original Answer, #7 Exhibit(s) 1F - Brock Kevin Donahue's Original Answer, #8 Exhibit(s) 2 - State Court Docket Sheet, #9 Cover Sheet, #10 Cover Sheet Supplement) (Knight, Katherine) |
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