Mosure et al. v. Southwest Airlines, Co.
David Mosure and Kristen Koval |
Southwest Airlines Co and John/Jane Does |
3:2023cv02126 |
September 22, 2023 |
US District Court for the Northern District of Texas |
Dallas Office |
Karen Gren Scholer |
Torts/Pers Inj: Airplane |
28 U.S.C. § 1332 Diversity-Personal Injury |
Plaintiff |
Docket Report
This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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Filing 14 ORDER: Plaintiffs David Mosure and Kristen Koval's Complaint (ECF No. #1 ), filed June 5, 2023, appears to predicate subject matter jurisdiction upon diversity of citizenship, 28 U.S.C. 1332, but fails to allege properly the citizenship of Plaintiffs and Defendant Southwest Airlines, Co. ("Southwest"). No later than 21 days from the date of this Order, Plaintiff must file an amended complaint that alleges diversity of citizenship, in conformity with 28 U.S.C. 1332; otherwise, this action will be dismissed for want of jurisdiction. (Ordered by Judge Karen Gren Scholer on 11/16/2023) (cea) |
Filing 13 Brief/Memorandum in Support filed by Southwest Airlines Co re #12 Motion to Dismiss for Failure to State a Claim (Johnson, David) |
Filing 12 Motion to Dismiss for Failure to State a Claim filed by Southwest Airlines Co Attorney David A Johnson added to party Southwest Airlines Co(pty:dft) (Johnson, David) |
Filing 11 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. (ndt) |
Filing 10 Case electronically transferred in from District of Ohio Northern; Case Number 4:23-cv-01121. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be 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. Copy of NEF to be sent US Mail to parties not electronically noticed. |
Filing 9 Memorandum Opinion and Order of Transfer. #5 Plaintiffs' motion to amend is denied and #4 Southwest's motion to dismiss for failure to state a claim is denied without prejudice. Southwest's motion to dismiss for want of jurisdiction is granted in part and denied in part. This case is hereby transferred to the United States District Court for the Northern District of Texas. Judge Sara Lioi on 9/22/2023. (B,DL) [Transferred from Ohio Northern on 9/22/2023.] |
Filing 8 Reply In Support of its Motion to Dismiss Plaintiffs' Claims filed by Southwest Airlines, Co.. (Woodard, Brandon) [Transferred from Ohio Northern on 9/22/2023.] |
Filing 7 Opposition to #5 Motion for leave to file an amended complaint filed by Southwest Airlines, Co.. (Woodard, Brandon) [Transferred from Ohio Northern on 9/22/2023.] |
Filing 6 Memorandum in Opposition to #4 Motion to dismiss for lack of jurisdiction filed by All Plaintiffs. (McNally, John) [Transferred from Ohio Northern on 9/22/2023.] |
Filing 5 Motion for leave to file an amended complaint filed by Kristen Koval, David Mosure. (McNally, John) [Transferred from Ohio Northern on 9/22/2023.] |
Filing 4 Motion to dismiss for lack of jurisdiction filed by Defendant Southwest Airlines, Co.. (Attachments: #1 Brief in Support, #2 Exhibit A - 3.8.22 Affidavit of Blake Whaling, #3 Exhibit B - Complaint in Mahoning Cty Case, #4 Exhibit C - Southwest's MTD in Mahoning Cty Case, #5 Exhibit D - Notice of Voluntary Dismissal wo Prejudice in Mahoning Cty Case)(Woodard, Brandon) [Transferred from Ohio Northern on 9/22/2023.] |
Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon Southwest Airlines, Co. c/o The Prentice Hall Corporation System, Inc. as Statutory Agent. (Attachments: #1 Magistrate Consent Form) (D,Ju) [Transferred from Ohio Northern on 9/22/2023.] |
Filing 2 Initial Standing Order. Judge Sara Lioi on 06/05/2023. (Attachments: #1 Appendix A-Witness Lis, #2 Appendix B-Exhibit List) (D,Ju) [Transferred from Ohio Northern on 9/22/2023.] |
Filing 1 Complaint for damages with jury demand against Southwest Airlines, Co. Filing fee paid $ 402, Receipt number AOHNDC-12026095. Filed by David Mosure. (Attachments: #1 Civil Cover Sheet, #2 Summons). (McNally, John) [Transferred from Ohio Northern on 9/22/2023.] |
Judge Sara Lioi assigned to case. (D,Ju) [Transferred from Ohio Northern on 9/22/2023.] |
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Amanda M. Knapp. (D,Ju) [Transferred from Ohio Northern on 9/22/2023.] |
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