Gustafson v. Good Sportsman Marketing LLC
| Chad Douglas Gustafson |
| Good Sportsman Marketing LLC |
| 3:2023cv02337 |
| October 23, 2023 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 15 NOTICE of Dismissal Without Prejudice filed by Chad Douglas Gustafson (Barbe, Rodgers) |
| Civil Case Terminated pursuant to the Notice of Dismissal. (chmb) |
Filing 14
ELECTRONIC ORDER: The Court has an obligation to examine its subject matter jurisdiction sua sponte at any time. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 230-31 (1990); see also Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999) ("[S]ubject-matter delineations must be policed by the courts on their own initiative even at the highest level."). "Because federal courts have limited jurisdiction, parties must make 'clear, distinct, and precise affirmative jurisdictional allegations' in their pleadings." SXSW, L.L.C. v. Fed. Ins. Co., 83 F.4th 405, 407 (5th Cir. 2023) (quoting Getty Oil Corp., a Div. of Texaco v. Ins. Co. of N. Am., 841 F.2d 1254, 1259 (5th Cir. 1988)). If diversity jurisdiction is the basis for the court's subject matter jurisdiction, the party seeking the federal forum must allege complete diversity of the parties' citizenship. Id. Here, Plaintiff alleges diversity jurisdiction under 28 U.S.C. 1332(a). Doc. No. 1 at 3. Because the citizenship of a limited liability company ("LLC") is determined by the citizenship of its members, the citizenship allegations must include the identity of each member as well as each member's citizenship. Settlement Funding, L.L.C. v. Rapid Settlements, Ltd., 851 F.3d 530, 536 (5th Cir. 2017) (emphasis added).Plaintiff identifies the sole member of Defendant Good Sportsman Marketing, LLC d/b/a Big Game Treestands as GSM Holdings, Inc. ("GSM Holdings") However, Plaintiff does not "distinctly and affirmatively" allege GSM Holdings' citizenship. A corporation is a citizen of the state of its incorporation and the state in which its principal place of business is located. 28 U.S.C. 1332(c); see J.A. Olson Co. v. City of Winnona, 818 F.2d 401, 404 (5th Cir. 1987). Plaintiff merely alleges that GSM Holdings is "located at 5250 Frye Road, Irving, Texas 75061." Doc. No. 1 at 3.Plaintiff, as the party seeking the federal forum, bears the burden of establishing subject matter jurisdiction. See St. Paul Reinsurance Co. v. Greenburg, 134 F.3d 1250, 1253 (5th Cir. 1998). At this time, the Court cannot determine whether diversity jurisdiction exists. Therefore, by December 12, 2023, Plaintiff may amend his Complaint to properly allege Defendant's citizenship in accordance with this Order. If Plaintiff fails to amend or fails to do so sufficiently, the Court will dismiss this case without prejudice and without further notice. See FED. R. CIV. P. 12(h)(3) (If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.); Stafford v. Mobil Oil Corp., 945 F.2d 803, 805 (5th Cir. 1991) (Failure adequately to allege the basis for diversity jurisdiction mandates dismissal.). (Ordered by Judge Ed Kinkeade on 11/28/2023) (chmb)
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Filing 13
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 11/20/2023) (chmb)
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| Filing 12 SUMMONS Returned Executed as to Good Sportsman Marketing LLC ; served on 10/25/2023. (Kress, Adam) |
| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Chad Douglas Gustafson. (Clerk QC note: No affiliate entered in ECF). (Barbe, Rodgers) |
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Filing 10
ELECTRONIC ORDER granting #7 Application for Admission Pro Hac Vice of Adam Kress. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 10/30/2023) (chmb)
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| Filing 9 Supplemental Document by Chad Douglas Gustafson as to #7 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14136378) . (Kress, Adam) |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Chad Douglas Gustafson. (Clerk QC note: No affiliate entered in ECF). (Kress, Adam) (Main Document 8 replaced to flatten pdf on 10/31/2023) (cfk). |
| Filing 7 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14136378) filed by Chad Douglas Gustafson (Kress, Adam) |
| Filing 6 Summons Issued as to Good Sportsman Marketing LLC. (agc) |
| 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (agc) |
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Filing 4
ELECTRONIC ORDER: Plaintiff filed this case in federal court on the basis of diversity jurisdiction. See Doc. No. 1 at 3. In cases where subject matter jurisdiction is based on diversity under 28 U.S. C. 1332(a), Rule 7.1(a)(2) of the Federal Rules of Civil Procedure requires that each party's disclosure statement "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). Plaintiff timely filed his Certificate of Interested Persons/Disclosure Statement (Doc. No. 2), but it does not contain the citizenship disclosure statement required by Rule 7.1(a)(2). Accordingly, Plaintiff shall file an amended certificate of interested persons by October 30, 2023. (Ordered by Judge Ed Kinkeade on 10/23/2023) (chmb)
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Filing 3
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 10/23/2023) (chmb)
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| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Chad Douglas Gustafson. (Clerk QC note: No affiliate entered in ECF). (Barbe, Rodgers) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Good Sportsman Marketing LLC filed by Chad Douglas Gustafson. (Filing fee $402; Receipt number ATXNDC-14120995) Clerk to issue summons(es). 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, 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. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Barbe, Rodgers) |
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| Plaintiff: Chad Douglas Gustafson | |
| Represented By: | Adam John Kress |
| Represented By: | Rodgers Connor Barbe |
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| Defendant: Good Sportsman Marketing LLC | |
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