Siu v. Kroger Texas LP
| Wayne Siu |
| Kroger Texas LP doing business as Kroger #594, Kroger Texas LP, The Kroger Co, John Doe 3:23-cv-1830 and Kroger |
| 3:2023cv01830 |
| August 4, 2023 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
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Filing 14
Order transferring case to the Fort Worth Division of the Northern District of Texas. (Ordered by Senior Judge A. Joe Fish on 9/28/2023) (axm)
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Filing 13
ELECTRONIC ORDER: It appears to the court that more than 90 days have elapsed since the filing of the plaintiff's petition and that service on the defendant John Doe ("Doe") in this case has not yet been accomplished. Unless the plaintiff shows cause in writing by October 6, 2023, why his claims against Doe should be retained on the docket, they will be dismissed without further notice. Rule 4(m), Fed. R. Civ. P. (Ordered by Senior Judge A. Joe Fish on 9/28/2023) (chmb)
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| Case copied to 4:23-cv-993. Transfer to Fort Worth Division complete; clerk to set Related Case hyperlink, clear unnecessary flags, etc. (rekc) |
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Filing 12
ORDER granting #10 Motion to Reopen Case. It is ORDERED that the plaintiffs claims are hereby REINSTATED, and the plaintiff's certificate of interested persons (docket entry #11 ), filed without leave of court, is deemed filed. (Ordered by Senior Judge A. Joe Fish on 9/5/2023) (ndt)
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| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Wayne Siu. (Clerk QC note: Affiliate entry indicated). (Maggio, Marissa) |
| Filing 10 Opposed MOTION and Brief in Support of Motion to Reinstate Dismissed Action filed by Wayne Siu re 9 Order, (Attachments: #1 Proposed Order) (Maggio, Marissa) Modified docket text and converted to a motion on 9/5/2023 (cea). |
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Filing 9
ELECTRONIC ORDER: On August 17, 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 August 25, 2023 (see docket entry 7) 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 8/26/2023) (chmb)
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| Civil case terminated. (chmb) |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kroger Texas LP. (Clerk QC note: No affiliate entered in ECF). (Attachments: #1 Cover Sheet Supplement) (Greene, Adraon) |
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Filing 7
ELECTRONIC ORDER: 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 August 25, 2023, the plaintiff 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 8/17/2023) (chmb)
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Filing 6
ELECTRONIC ORDER: On August 4, 2023, the defendants "Kroger Texas L.P. (incorrectly identified as 'Kroger Texas L.P. d/b/a Kroger #594'), The Kroger Co. (an improper party), and Kroger (not a legal entity and an improper party)" (collectively "the removing defendants"), removed this civil action to the Abilene division. On August 16, 2023, the case was transferred to this court. See Order Transferring Case to the Dallas Division (docket entry 3). Local Rule 81.1(a) provides that "[t]he party or parties that remove a civil action from state court must provide the following to the clerk for filing:... a separately signed certificate of interested persons that complies with LR 3.1(c) or 3.2(e)." 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 August 25, 2023, the removing defendants 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 8/17/2023) (chmb)
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Filing 5
ELECTRONIC ORDER: N.D. Tex. Civ. R. 81.1 provides that "[t]he party or parties that remove a civil action from state court must provide the following to the clerk for filing... a supplemental civil cover sheet[.]" Accordingly, no later than August 25, 2023, the removing defendants must comply with this rule. (Ordered by Senior Judge A. Joe Fish on 8/17/2023) (chmb)
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| 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (sxf) |
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Filing 3
ORDER TRANSFERRING CASE TO THE DALLAS DIVISION. Before the Court is the defendants' Motion to Transfer to the Dallas Division. Dkt.No. #2 . The defendants explain that they inadvertently filed this action in the Abilene Division rather than the Dallas Division. For the reasons stated in the motion, the Court grants the motion and transfers this case to the Dallas Division of the Northern District of Texas pursuant to 28 U.S.C. 1404(b). (Ordered by Judge James Wesley Hendrix on 8/16/2023) (skf)
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| NEW CASE NUMBER 3:23-cv-01830-G Siu v. Kroger Texas LP has been opened following the order of transfer entered in case number 1:23-cv-00165-H. Future filings should reflect only the new case number and be directed to the proper division (see LR 5.1(a)). Clerk to complete new case processing and mail notice of this entry to any party who did not receive it electronically. (mms) |
| Filing 2 MOTION to Transfer Case out of District/Division filed by Kroger Texas LP (Greene, Adraon) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Kroger Texas LP. (Filing fee $402; receipt number ATXNDC-13933902) 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 A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit D-1, #6 Exhibit D-2, #7 Exhibit D-3, #8 Cover Sheet Exhibit D-4) (Greene, Adraon) |
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