Flores v. Braum's Inc
| Gloria Flores |
| Braum's Inc. and Braum's Inc |
| 3:2023cv01435 |
| June 28, 2023 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| None |
Docket Report
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| Filing 14 (Document Restricted) Attorney Contact Information (Sealed pursuant to SO 19-1, statute, or rule) filed by Braum's Inc (Troiano, Daniel) |
| Filing 13 Designation of Mediator by Braum's Inc. (Shanes, Scott) |
Filing 12
SCHEDULING ORDER: BENCH Trial set for 12/2/2024 09:00 AM before Judge Ed Kinkeade. Deadline for mediation is on or before 12/1/2023. Joinder of Parties due by 9/21/2023. Amended Pleadings due by 9/21/2023. Discovery due by 3/29/2024. Motions due by 5/1/2024. Pretrial Materials due by 11/12/2024. (Ordered by Judge Ed Kinkeade on 7/25/2023) (chmb)
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| Filing 11 Joint Proposal for contents of scheduling and discovery order by Braum's Inc. (Troiano, Daniel) |
| Filing 10 AMENDED DOCUMENT by Gloria Flores. Amendment to #5 Cert. Of Interested Persons/Disclosure Statement. . (Toofanian, Daryoush) |
| Filing 9 NOTICE of Attorney Appearance by Daniel P Troiano for Tate L. Hemingson on behalf of Braum's Inc. (Troiano, Daniel) |
| Filing 8 AMENDED DOCUMENT by Braum's Inc. Amendment to #2 Cert. Of Interested Persons/Disclosure Statement. . (Troiano, Daniel) |
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Filing 7
ELECTRONIC ORDER: Defendant removed this case to federal court on the basis of diversity jurisdiction. See Doc. No. 1 at 2. In cases where subject matter jurisdiction is based on diversity under 28 U.S. C. 1332(a), Rule 7.1(a)(2) requires that each party's disclosure statement "must name--and identify the citizenship of--every individual or entity whose citizenship is attributed to that party[.]" Fed. R. Civ. P. 7.1(a)(2) (effective December 1, 2022) (emphasis added). Defendant timely filed its Certificate of Interested Persons (Doc. No. 2) and Plaintiff timely filed her Certificate of Interested Persons (Doc. No. 5), but neither document complies with the requirements of Rule 7.1(a)(2). Each party must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party. Fed. R. Civ. P. 7.1(a)(2). As a reminder for both parties, residency does not equate to citizenship for diversity purposes. See Preston v. Tenet Healthsystem Meml Med. Ctr., Inc., 485 F.3d 793, 797-98 (5th Cir. 2007). Accordingly, Plaintiff and Defendant shall each file an amended disclosure statement in accordance with Rule 7.1(a)(2) by July 6, 2023. (Ordered by Judge Ed Kinkeade on 6/29/2023) (chmb)
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| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Gloria Flores. (Clerk QC note: No affiliate entered in ECF). (Toofanian, Daryoush) |
| Filing 6 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. (agc) |
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Filing 4
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 6/28/2023) (chmb)
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Filing 3
ELECTRONIC ORDER: Local Civil Rule 83.10(a) requires the appearance of local counsel where the attorney of record for a party does not reside or maintain their principal office in this district. Counsel for Defendant are located in Frisco, Texas, which is in the Eastern District of Texas. By July 19, 2023, Defendant shall file the entry of appearance of local counsel satisfying the requirements of Local Civil Rule 83.10(a). (Ordered by Judge Ed Kinkeade on 6/28/2023) (chmb)
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| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Braum's Inc.. (Clerk QC note: No affiliate entered in ECF). (Troiano, Daniel) |
| Filing 1 NOTICE OF REMOVAL filed by Braum's Inc.. (Filing fee $402; receipt number ATXNDC-13848173) 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, #2 Exhibit(s) Attachment to Civil Cover Sheet, #3 Cover Sheet Supplement, #4 Exhibit(s) List of all Parties in the Action and Status of Removed Case, #5 Exhibit(s) State Court Docket, #6 Exhibit(s) Defendant's Original Answer, #7 Exhibit(s) Plaintiff's Original Petition, #8 Exhibit(s) Citation, #9 Exhibit(s) Return of Service, #10 Exhibit(s) List of all Counsel of Record for the Parties in the Action, #11 Exhibit(s) Record of which Parties have Requested a Jury Trial in the Action, #12 Exhibit(s) Name and Address of Court from which the Action is Removed, #13 Exhibit(s) Index of Documents) (Troiano, Daniel) (Attachment 1 replaced to flatten PDF on 6/29/2023) (agc). |
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