Samaniego v. Dollar Tree Stores Inc
| Esperanza Samaniego |
| Dollar Tree Stores Inc |
| 3:2023cv02879 |
| December 29, 2023 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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| Document Text |
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| Filing 18 Designation of Mediator by Dollar Tree Stores Inc. (Milligan, Riley) |
| Filing 17 (Document Restricted) Sealed - Attorney Contact Information (Sealed pursuant to order dated 1/26/2024) filed by Dollar Tree Stores Inc (Riney, Kenneth) |
| Filing 16 (Document Restricted) SEALED - Plaintiffs Attorneys Contact Information (Sealed pursuant to order dated 1/26/2024) filed by Esperanza Samaniego (Ekeh, Nnamdi) |
Filing 15
SCHEDULING ORDER: Jury Trial set for 6/2/2025 09:00 AM before Judge Ed Kinkeade. Deadline for mediation is on or before 5/31/2024. Joint Report on mediation due by 6/7/2024. Joinder of Parties due by 6/28/2024. Amended Pleadings due by 6/28/2024. Discovery due by 12/6/2024. Motions due by 1/6/2025. Pretrial Order due by 5/12/2025. Pretrial Materials due by 5/12/2025. (Ordered by Judge Ed Kinkeade on 1/26/2024) (chmb)
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| Filing 14 Joint STATUS REPORT filed by Dollar Tree Stores Inc. (Riney, Kenneth) |
| Filing 13 AMENDED DOCUMENT by Dollar Tree Stores Inc. Amendment to #2 Cert. Of Interested Persons/Disclosure Statement. Defendant's First Amended Corporate Disclosure Statement and Certificate of Interested Parties. (Riney, Kenneth) |
| Filing 12 AMENDED NOTICE OF REMOVAL by Dollar Tree Stores Inc. Amendment to #1 Notice of Removal Defendant's First Amended Notice of Removal. (Riney, Kenneth) Modified on 1/12/2024 (kaf). |
| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Esperanza Samaniego. (Clerk QC note: Affiliate entry indicated). (Ekeh, Nnamdi) |
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Filing 10
ELECTRONIC ORDER: Defendant removed this case to federal court on the basis of diversity jurisdiction, 28 U.S. C. 1332(a). See Doc. No. 1 at 2-3. 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). Defendant timely filed its Corporate Disclosure Statement and Certificate of Interested Persons (Doc. No. 2). Plaintiff timely filed her Certificate of Interested Persons (Doc. No. 8). However, neither party's filing contains the citizenship disclosure statement required by Rule 7.1(a)(2).As explained in a prior order (Doc. No. 9), the Court's subject matter jurisdiction is uncertain until such time as Defendant amends its Notice of Removal in accordance with the order. Therefore, the parties shall file amended certificates of interested persons, respectively, within 7 days of Defendant filing an amended notice of removal that properly demonstrates diversity jurisdiction. (Ordered by Judge Ed Kinkeade on 1/4/2024) (chmb)
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Filing 9
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). 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.").Defendant removed this case to federal court on the basis of diversity jurisdiction, 28 U.S.C. 1332(a). See Doc. No. 1 at 2-3. Accordingly, the parties' citizenship must be completely diverse in that one of the plaintiffs cannot share the same state citizenship as one of the defendants. See Corfield v. Dallas Glen Hills LP, 355 F.3d 853, 857 (5th Cir. 2003). Defendant alleges in its Notice of Removal that, "[a]s stated in Plaintiff's Original Petition, Plaintiff is an individual who is now and was at the time this action commenced domiciled in Dallas County, Texas." Id. at 3. Therefore, according to Defendant, Plaintiff is a citizen of Texas. Id. In her state court petition, Plaintiff alleges she "is an individual who resided in Dallas County, Texas at the time of the subject incident." Id. at 8."When 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). "[C]itizenship and residence, as often declared by this court, are not synonymous terms." Robertson v. Cease, 97 U.S. 646, 648 (1878). "For natural persons, 1332 citizenship is determined by domicile, which requires residency plus an intent to make the place of residency one's permanent home." SXSW, L.L.C. v. Fed. Ins. Co., 83 F.4th 405, 407 (5th Cir. 2023) (citing Gilbert v. David, 235 U.S. 561, 568-69 (1915)); accord Preston v. Tenet Healthsystem Meml Med. Ctr., Inc., 485 F.3d 793, 799 (5th Cir. 2007) ("Domicile requires the demonstration of two factors: residence and the intention to remain."). "Moreover, diversity of citizenship must exist both at the time of filing in state court and at the time of removal to federal court." In re Levy, 52 F.4th 244, 246 (5th Cir. 2022). For these reasons, Defendant fails to demonstrate that Plaintiff is a citizen of Texas (both at the time the case was filed and at the time of removal) and, therefore, fails to demonstrate complete diversity of the parties' citizenship. On this removal record, the Court cannot determine that subject matter jurisdiction exists. 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). Defendant may amend its Notice of Removal to properly allege Plaintiff's citizenship by January 11, 2024. If Defendant fails to amend or to do so sufficiently, this case will be remanded without further notice. 28 U.S.C. 1447(c) (in action removed from state court, federal court must remand case any time before final judgment if court determines it lacks subject matter jurisdiction). (Ordered by Judge Ed Kinkeade on 1/4/2024) (chmb)
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| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Esperanza Samaniego. (Clerk QC note: No affiliate entered in ECF). (Ekeh, Nnamdi) |
| DISREGARD: ENTERED IN ERROR Abandoned case - Case is not proceeding: Per Court Order 57 in case 3:04-cr-00148-D-1. If one or more judges was assigned, clerk to contact the Operations Assistance Team to request assignment card reconciliation. (frw) Modified text on 1/2/2024 (frw). |
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Filing 7
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER (Ordered by Judge Ed Kinkeade on 12/29/2023) (chmb)
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Filing 6
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 12/29/2023) (chmb)
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| 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) |
| Filing 4 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Dollar Tree Stores, Inc. (Riney, Kenneth) |
| Filing 3 NOTICE of Certificate of Notice of Filing filed by Dollar Tree Stores, Inc. (Riney, Kenneth) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Dollar Tree Stores, Inc.. (Clerk QC note: Affiliate entry indicated). (Riney, Kenneth) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Dollar Tree Stores, Inc.. (Filing fee $405; receipt number ATXNDC-14277071) 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 Cover Sheet, #2 Cover Sheet Supplement) (Riney, Kenneth) |
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| Plaintiff: Esperanza Samaniego | |
| Represented By: | FaCheryl Sherie Dixon |
| Represented By: | Nnamdi Chijioke Ekeh |
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| Defendant: Dollar Tree Stores Inc | |
| Represented By: | Kenneth C Riney |
| Represented By: | Riley Gaelan Milligan |
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