Wells Fargo Bank NA v. Williams et al
| Wells Fargo Bank, N.A. and Wells Fargo Bank NA |
| Devon L. Williams D/B/A Dev SAS, Robert Hauschildt and Devon L Williams doing business as Dev SAS |
| 3:2023cv02807 |
| December 20, 2023 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Other Statutes: Banks and Banking |
| 28 U.S.C. ยง 1335 Interpleader Action |
| None |
Docket Report
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Filing 12
ELECTRONIC ORDER: Before the Court is the parties' Agreed Motion for Enlargement of Time of Deadline for Entry of an Appearance by Robert Hauschildt (the "Agreed Motion") (Doc. No. 11). The Court has carefully considered the Agreed Motion and finds good cause exists for the requested extension of time. See Fed. R. Civ. P. 6(b)(1). Accordingly, the Court GRANTS the Agreed Motion. Defendant Robert Hauschildt shall file his answer or otherwise respond to Plaintiff's First Amended Original Petition for Interpleader (Doc. No. 6) by March 8, 2024. (Ordered by Judge Ed Kinkeade on 1/22/2024) (chmb)
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| Filing 11 Agreed Motion for Extension of Time to File Answer filed by Robert Hauschildt with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Brandon K Bains added to party Robert Hauschildt(pty:dft) (Bains, Brandon) |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Wells Fargo Bank NA. (Clerk QC note: No affiliate entered in ECF). (Palmer, Robert) |
| Filing 9 SUMMONS Returned Executed as to Robert Hauschildt; served on 1/2/2024. (agc) |
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Filing 8
ELECTRONIC ORDER: Plaintiff filed this interpleader action in federal court on the basis of diversity jurisdiction. See Doc. No. 1 at 2; see also Doc. No. 6 at 2. 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). Plaintiff timely filed its Certificate of Interested Persons and Corporate Disclosure Statement (Doc. No. 7), 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 January 12, 2024. (Ordered by Judge Ed Kinkeade on 1/5/2024) (chmb)
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| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Wells Fargo Bank NA. (Clerk QC note: No affiliate entered in ECF). (Palmer, Robert) |
| Filing 6 AMENDED COMPLAINT for Interpleader against All Defendants filed by Wells Fargo Bank NA. 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. (Palmer, Robert) |
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Filing 5
ELECTRONIC ORDER: "Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution and statute." Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). A federal court has no power to adjudicate claims where subject matter jurisdiction does not exist and, consequently, must dismiss the action. Stockman v. Fed. Election Commn, 138 F.3d 144, 151 (5th Cir. 1998); see also FED. R. CIV. P. 12(h)(3) (court must dismiss action if it determines at any time that subject matter jurisdiction is lacking). 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); accord 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."). Subject matter jurisdiction may not be waived. See Ruhrgas AG, 526 U.S. at 583.Plaintiff filed this interpleader action in federal court pursuant to 28 U.S.C. 1332(a), 1335. Doc. No. 1 at 2. The citizenship of the adverse claimants must be completely diverse as that is defined in 1332(a). 1335(a)(1). For purposes of 1332(a), one party cannot share the same state citizenship as the opposing party. See Corfield v. Dallas Glen Hills LP, 355 F.3d 853, 857 (5th Cir. 2003). Further, "[w]hen jurisdiction depends on citizenship, citizenship must be 'distinctly and affirmatively alleged.'" Getty Oil Corp., a Div. of Texaco v. Ins. Co. of N. Am., 841 F.2d 1254, 1259 (5th Cir. 1988). "An allegation of residency... does not satisfy the requirement of an allegation of citizenship." Neely v. Bankers Tr. Co. of Tex., 757 F.2d 621, 634 n.18 (5th Cir. 1985); see also Preston v. Tenet Healthsystem Meml Med. Ctr., Inc., 485 F.3d 793, 79798 (5th Cir. 2007). "[C]itizenship and residence, as often declared by this court, are not synonymous terms." Robertson v. Cease, 97 U.S. 646, 648 (1878). "In determining diversity jurisdiction, the state where someone establishes his domicile serves a dual function as his state of citizenship." Preston, 485 F.3d at 798. "Domicile requires the demonstration of two factors: residence and the intention to remain." Id. at 799; see Texas v. Florida, 306 U.S. 398, 424 (1939) (citizenship requires not only "[r]esidence in fact" but also "the purpose to make the place of residence one's home."). Plaintiff alleges that Defendant "Devon L. Williams d/b/a Dev SAS is an individual that resides in Dallas, Texas. According [sic], Dev SAS is a citizen of Texas." Doc. No. 1 at 2. Plaintiff then alleges that Defendant Robert "Hauschildt is an individual that resides in Brooklyn, New York. Accordingly, Hauschildt is a citizen of New York." Id. For diversity purposes, the states in which these Defendants reside does not establish their citizenship. Further, it is unclear to the Court whether Plaintiff filed this action against Defendant Devon L. Williams individually or against him solely doing business as Dev SAS (or in both capacities), and this affects the required citizenship allegations. For these reasons, Plaintiff fails to distinctly and affirmatively allege citizenship for diversity purposes. Getty Oil, 841 F.2d at 1259. 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). By January 5, 2024, Plaintiff may amend its complaint to address these deficiencies. If Plaintiff fails to do so, the Court will dismiss this case without prejudice 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, 945 F.2d at 805 ("Failure adequately to allege the basis for diversity jurisdiction mandates dismissal."). (Ordered by Judge Ed Kinkeade on 12/21/2023) (chmb)
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Filing 4
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 12/21/2023) (chmb)
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| Filing 3 Summons Issued as to Robert Hauschildt, Devon L Williams. (kcr) |
| Filing 2 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. (kcr) |
| Filing 1 INTERPLEADER COMPLAINT against All Defendants filed by Wells Fargo Bank, N.A.. (Filing fee $405; Receipt number ATXNDC-14261683) 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 Cover Sheet) (Palmer, Robert) |
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