USA Wheel and Tire Outlet Inc v. LTE Trucking Inc
USA Wheel and Tire Outlet, Inc. and USA Wheel and Tire Outlet Inc |
LTE Trucking, Inc. and LTE Trucking Inc |
3:2024cv00053 |
January 8, 2024 |
US District Court for the Northern District of Texas |
Sidney A Fitzwater |
Torts/Pers Prop: Other Personal Property Damage |
28 U.S.C. ยง 1332 Diversity-Conversion |
None |
Docket Report
This docket was last retrieved on February 21, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 10 SCHEDULING ORDER: Amended Pleadings due by 5/10/2024. Discovery due by 8/23/2024. Joinder of Parties due by 5/10/2024. Motions due by 9/27/2024. Status Report due by 8/23/2024. (Ordered by Senior Judge Sidney A Fitzwater on 2/21/2024) (kcr) |
Filing 9 ORDER: Within 14 days of the date this order is filed, plaintiff(s) must comply with Rule 81.2 so that the court can determine whether recusal is required in this case. (Ordered by Senior Judge Sidney A Fitzwater on 2/21/2024) (kcr) |
Filing 8 TRIAL SETTING ORDER: Trial set for two-week docket beginning 2/18/2025 before Senior Judge Sidney A Fitzwater. (Ordered by Senior Judge Sidney A Fitzwater on 2/21/2024) (kcr) |
Filing 7 Proposal for contents of scheduling and discovery order Joint Scheduling Proposal by LTE Trucking Inc. (Weems, Joshua) |
Filing 6 AMENDED DOCUMENT by LTE Trucking Inc. Amendment to #1 Notice of Removal,,,,,,,. Amended Notice of Removal. (Attachments: #1 Cover Sheet, #2 Cover Sheet Supplement, #3 Exhibit(s) List of Parties and Counsel, #4 Exhibit(s) Index of State Court Documents, #5 Exhibit(s) State Court Docket, #6 Exhibit(s) Plaintiff Original Petition, #7 Exhibit(s) Citation, #8 Exhibit(s) Motion for Substitute Service, #9 Exhibit(s) Proposed Order on Motion for Substitute Service, #10 Exhibit(s) Executed Order on Motion for Substitute Service, #11 Exhibit(s) Notice of Hearing on DWOP, #12 Exhibit(s) Request for Citation, #13 Exhibit(s) Issuance of Citation, #14 Exhibit(s) Return of Service, #15 Exhibit(s) Notice of Initial Dismissal Setting, #16 Exhibit(s) Notice of Initial Dismissal Setting, #17 Exhibit(s) Def's Certificate of Interested Persons-Disclosure Statement, #18 Exhibit(s) State of Illinois Domestic-Foreign Annual Report) (Weems, Joshua) |
Filing 5 ORDER: Defendant's notice of removal, filed January 8, 2024, appears to predicate subject matter jurisdiction upon diversity of citizenship, 28 U.S.C. 1332, but fails to allege properly the citizenship of plaintiff USA Wheel and Tire Outlet Inc. ("USA Wheel") and defendant LTE Trucking, Inc., ("LTE"). Until defendant properly alleges USA Wheel and LTE's citizenship, this court is not shown to have subject matter jurisdiction. See Am. Motorists Ins. Co. v. Am. Emp'rs' Ins. Co., 600 F.2d 15, 16 (5th Cir. 1979) (per curiam). Accordingly, no later than 14 days from the date of this order, defendant must file an amended notice of removal that alleges diversity of citizenship, in conformity with 28 U.S.C. 1332; otherwise, this action will be remanded to state court. (Ordered by Senior Judge Sidney A Fitzwater on 1/17/2024) (cea) |
Filing 4 ORDER: Scheduling Proposal due by 2/9/2024. (Ordered by Senior Judge Sidney A Fitzwater on 1/12/2024) (cfk) |
Filing 3 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 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by LTE Trucking Inc. (Clerk QC note: No affiliate entered in ECF). (Weems, Joshua) (Main Document 2 flattened on 1/9/2024) (kcr). |
Filing 1 NOTICE OF REMOVAL filed by LTE Trucking Inc. (Filing fee $405; receipt number ATXNDC-14295227) 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, #3 Exhibit(s) List of Parties and Counsel, #4 Exhibit(s) Index of State Court Documents, #5 Exhibit(s) State Court Docket, #6 Exhibit(s) Plaintiff's Original Petition, #7 Exhibit(s) Citation, #8 Exhibit(s) Motion for Substitute Service, #9 Exhibit(s) Proposed Order on Motion for Substitute Service, #10 Exhibit(s) Executed Order on Motion for Substitute Service, #11 Exhibit(s) Notice of Hearing on DWOP, #12 Exhibit(s) Request for Citation, #13 Exhibit(s) Issuance of Citation, #14 Exhibit(s) Return of Service, #15 Exhibit(s) Notice of Initial Dismissal Setting, #16 Exhibit(s) Notice of Initial Dismissal Setting) (Weems, Joshua) (Attachment 1, 2 flattened on 1/9/2024) (kcr). |
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