Orogbu v. Werner Co et al
| Anthony Orogbu |
| Werner Co and Home Depot USA Inc |
| 3:2023cv02641 |
| November 30, 2023 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Filing 17 (Document Restricted) Sealed Attorney Contact Information (Sealed pursuant to order dated 12/22/2023) filed by Anthony Orogbu (Magbegor, Zino) |
| Filing 16 Designation of Mediator by Home Depot USA Inc, Werner Co. (Swaim, Don) |
| Filing 15 NOTICE of Attorney Appearance by Zino Magbegor on behalf of Anthony Orogbu. (Filer confirms contact info in ECF is current.) (Magbegor, Zino) |
Filing 14
SCHEDULING ORDER: Jury Trial set for three-week docket beginning 4/7/2025 before Judge Ed Kinkeade. Deadline for mediation is on or before 4/22/2024. Joint Report on mediation due by 4/29/2024. Joinder of Parties due by 3/4/2024. Amended Pleadings due by 3/4/2024. Discovery due by 9/25/2024. Motions due by 10/23/2024. Pretrial Order due by 3/17/2025. Pretrial Materials due by 3/17/2025. (Ordered by Judge Ed Kinkeade on 12/22/2023) (chmb)
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| Filing 13 NOTICE of Joint Report Regarding Consent of Scheduling Order filed by Home Depot USA Inc, Werner Co (Swaim, Don) |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Anthony Orogbu. (Clerk QC note: No affiliate entered in ECF). (Nwokocha, Edwin) |
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Filing 11
ELECTRONIC ORDER: On December 6, 2023, the Court entered an order (Doc. No. 7) directing Defendants to file amended certificates of interested persons which contain the citizenship disclosure statements required under Rule 7(a)(2) of the Federal Rules of Civil Procedure. That same day, Defendants complied, filing amended documents which include their respective citizenship. In said order, the Court also explicitly stated that "Plaintiff shall ensure that his certificate of interested persons contains the citizenship disclosure statement required by Rule 7.1(a)(2)." Doc. No. 7. Plaintiff also filed his Certificate of Interested Persons (Doc. No. 10) that same day. However, Plaintiff did not include the citizenship disclosure statement required. Including "Garland, Dallas County, Texas" alongside Plaintiff's name is in no way a statement of Plaintiff's citizenship. If Plaintiff intended to represent that is his place of residency, that is likewise deficient as residency does not equate to citizenship for diversity purposes. See Preston v. Tenet Healthsystem Mem'l Med. Ctr., Inc., 485 F.3d 793, 797-98 (5th Cir. 2007).Accordingly, Plaintiff shall filed an amended certificate of interested persons which contains a disclosure statement identifying his citizenship by December 11, 2023. See Fed. R. Civ. P. 7.1(a)(2). (Ordered by Judge Ed Kinkeade on 12/7/2023) (chmb)
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| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Anthony Orogbu. (Clerk QC note: Affiliate entry indicated). (Nwokocha, Edwin) |
| Filing 9 AMENDED DOCUMENT by Home Depot USA Inc. Amendment to #6 Cert. Of Interested Persons/Disclosure Statement. . (Attachments: #1 Additional Page(s)) (Swaim, Don) |
| Filing 8 AMENDED DOCUMENT by Werner Co. Amendment to #5 Cert. Of Interested Persons/Disclosure Statement. . (Attachments: #1 Additional Page(s)) (Swaim, Don) |
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Filing 7
ELECTRONIC ORDER: Defendants removed this case to federal court on the basis of diversity jurisdiction. See Doc. No. 1 at 1. 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). Both Defendants filed their respective Certificate of Interested Persons/Disclosure Statement (Doc. Nos. 5 & 6), but neither complies with the requirements of Rule 7.1(a)(2). Accordingly, Defendants shall file amended certificates of interested persons/disclosure statements containing the required citizenship disclosure statement by December 13, 2023.Plaintiff shall ensure that his certificate of interested persons contains the citizenship disclosure statement required by Rule 7.1(a)(2). See also L. Civ. R. 81.2 (plaintiff shall file a separately signed certificate of interested persons within 21 days after removal). (Ordered by Judge Ed Kinkeade on 12/6/2023) (chmb)
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| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Home Depot USA Inc. (Clerk QC note: Affiliate entry indicated). (Attachments: #1 Additional Page(s)) (Swaim, Don) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Werner Co. (Clerk QC note: Affiliate entry indicated). (Swaim, Don) |
| 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (kcr) |
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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 11/30/2023) (chmb)
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Filing 2
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER (Ordered by Judge Ed Kinkeade on 11/30/2023) (chmb)
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| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Home Depot USA, Inc., New Werner Co., Werner Co., Home Depot International, Inc d/b/a Home Depot of Texas, Inc.. (Filing fee $402; receipt number ATXNDC-14207091) 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) A - Petition and Citations, #2 Exhibit(s) B - State Court Docket Sheet, #3 Exhibit(s) C - Werner Original Answer, #4 Exhibit(s) D - Home Depot Original Answer, #5 Cover Sheet, #6 Cover Sheet Supplement) (Swaim, Don) |
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