Alvidrez v. Crete Carrier Corporation et al
| Hugo Alvidrez |
| Crete Carrier Corporation and Kurt Lufter |
| 3:2024cv00134 |
| January 17, 2024 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 29, 2024. A more recent docket listing may be available from PACER.
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Filing 15
SCHEDULING ORDER: Jury Trial set for 10/6/2025 09:00 AM before Judge Ed Kinkeade. Deadline for mediation is on or before 7/12/2024. Joint Report on mediation due by 7/17/2024. Joinder of Parties due by 10/24/2024. Amended Pleadings due by 10/24/2024. Discovery due by 1/6/2025. Motions due by 2/6/2025. Pretrial Order due by 9/15/2025. Pretrial Materials due by 9/15/2025. (Ordered by Judge Ed Kinkeade on 2/29/2024) (chmb)
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| Filing 14 Joint STATUS REPORT filed by Crete Carrier Corporation, Kurt Lufter. (Gorbach, Lindsay) |
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Filing 13
ELECTRONIC ORDER granting #12 Application for Admission Pro Hac Vice of John Landreth. 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 2/26/2024) (chmb)
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| Filing 12 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney John Landreth (Filing fee $100; Receipt number ATXNDC-14417629) filed by Crete Carrier Corporation, Kurt Lufter (Attachments: #1 Proposed Order) (Gorbach, Lindsay) |
| Filing 11 NOTICE of SERVICE OF INITIAL DISCLOSURES filed by Crete Carrier Corporation, Kurt Lufter (Gorbach, Lindsay) |
| Filing 10 NOTICE of Attorney Appearance by Preston Kyle Osborn on behalf of Crete Carrier Corporation, Kurt Lufter. (Osborn, Preston) |
| Filing 9 AMENDED CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Crete Carrier Corporation, Kurt Lufter. (Clerk QC note: No affiliate entered in ECF). (Gorbach, Lindsay) Modified text on 2/4/2024 (axm). |
| Filing 8 AMENDED NOTICE OF REMOVAL filed by Crete Carrier Corporation, Kurt Lufter. 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. (Gorbach, Lindsay) Modified event text on 2/4/2024 (axm). |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Hugo Alvidrez. (Clerk QC note: No affiliate entered in ECF). (Bauguss, James) |
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Filing 5
ELECTRONIC ORDER: - Before the Court is Defendants Crete Carrier Corporation and Kurt Lufter's Notice of Removal. Doc. No. 1. Defendants base their removal of this case on the Court's diversity jurisdiction. Id. at 2; 28 U.S.C. 1332(a), 1441(a). Accordingly, Defendants must "distinctly and affirmatively" allege the citizenship of each party so that the Court can determine whether Plaintiff's citizenship differs from the citizenship of each Defendant. Getty Oil Corp., Div. of Texaco, Inc. v. Ins. Co. of N. Am., 841 F.2d 1254, 1259 (5th Cir. 1988) (citation omitted and emphasis in original). Having reviewed Defendants' Notice of Removal under its obligation to assess subject matter jurisdiction sua sponte, Howery v. Allstate Ins. Co., 243 F.3d 912, 919 (5th Cir. 2001), the Court concludes that Defendants have not sufficiently alleged Plaintiff's citizenship. Defendants state that Plaintiff is a "resident" of Texas, Doc. No. 1 at 2, but "residency is not citizenship" for purposes of diversity jurisdiction. SXSW, L.L.C. v. Fed. Ins. Co., 83 F.4th 405, 408 (5th Cir. 2023). Similarly, Defendant Crete Carrier Corporation's certificate of interested persons lists addresses for the parties but does not list their citizenship as Federal Rule of Civil Procedure 7.1(a)(2) requires. Accordingly, the Court ORDERS Defendants to do the following no later than February 1, 2024: (1) amend their Notice of Removal to properly allege Plaintiff's citizenship and (2) file certificates of interested persons that comply with Federal Rule of Civil Procedure 7.1(a)(2). (Ordered by Judge Ed Kinkeade on 1/18/2024) (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 1/18/2024) (chmb)
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Filing 3
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 1/18/2024) (chmb)
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| Filing 6 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. (ykp) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Crete Carrier Corporation, kurt lufter. (Clerk QC note: No affiliate entered in ECF). (Gorbach, Lindsay) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Crete Carrier Corporation, kurt lufter. (Filing fee $405; receipt number ATXNDC-14320014) 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) A-Index of State Court Documents, #4 Exhibit(s) A-1 Docket Sheet, #5 Exhibit(s) A-2 Plaintiff's Original Petition, #6 Exhibit(s) A-3 Ltr requesting citations, #7 Exhibit(s) A-4 Citation Issued for Crete, #8 Exhibit(s) A-5 Citation Issued for Lufter, #9 Exhibit(s) A-6 Court Notice re Initial Dismissal Hearing, #10 Exhibit(s) A-7 Return of Citation - Crete, #11 Exhibit(s) A-8 Return of Citation - Lufter, #12 Exhibit(s) A-9 Defendants' Answer and Jury Demand) (Gorbach, Lindsay) |
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