JS Hanna LLC v. Penn-America Insurance Company
| JS Hanna LLC |
| Penn-America Insurance Company |
| 3:2024cv00315 |
| February 8, 2024 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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Filing 22
ELECTRONIC Order Administratively Closing Case. Before the Court is the parties' Joint Motion to Abate Pending Appraisal (the "Joint Motion") (Doc. No. 7). The Court has carefully considered the Joint Motion and finds a stay of this matter is appropriate. Accordingly, the Court GRANTS the Joint Motion. This case is hereby STAYED pending further order of this Court. While this case is stayed, the parties shall file a joint status report with the Court every 120 days OR within 30 days of the completion of the appraisal, whichever comes first.There appears to be no further reason at this time to maintain the file as open for statistical purposes. The Clerk is, therefore, instructed to submit a JS-6 form to the Administrative Office, thereby removing this case from the statistical records. Nothing in this Order shall be considered a dismissal or disposition of this case, and should further proceedings become necessary or desirable, any party or the Court may initiate such further proceedings in the same manner as if this Order had not been entered. (Ordered by Judge Ed Kinkeade on 2/23/2024) (chmb)
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Filing 21
ELECTRONIC ORDER: As set forth in the undersigned's Judge Specific Requirements, local counsel must sign all documents filed with this Court pursuant to Rule 11 of the Federal Rules of Civil Procedure. None of the documents filed by Defendant are signed by local counsel. The filings merely include local counsel's information below lead counsel's signature block. Any filings after the entry of this Order which do not include local counsel's signature will be immediately UNFILED regardless of any deadline related to the unfiled document. This Court's Judge Specific Requirements can be found on the website for the United States District Court for the Northern District of Texas. (Ordered by Judge Ed Kinkeade on 2/23/2024) (chmb)
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| Filing 20 AMENDED DOCUMENT by JS Hanna LLC. Amendment to #12 Amended Document. Plaintiffs Second Amended Cert of Interested Parties. (Cabrero, Elan) |
| Filing 19 AMENDED DOCUMENT by Penn-America Insurance Company. Amendment to #5 Cert. Of Interested Persons/Disclosure Statement. . (Shuchart, Fred) |
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Filing 18
ELECTRONIC ORDER: Plaintiff timely filed its First Amended Certificate of Interested Persons ("Certificate") (Doc. No. 11) in response to the Court's previous order (Doc. No. 9). However, Plaintiff's Certificate does not include its members' citizenship as required under Rule 7.1(a)(2) of the Federal Rules of Civil Procedure. The Certificate merely includes an address for each of the three members. Doc. No. 11 at 1. At most, the address indicates the member's residency, and "citizenship and residence, as often declared by this court, are not synonymous terms." Robertson v. Cease, 97 U.S. 646, 648 (1878). Plaintiff must identify each member's citizenship. Accordingly, Plaintiff shall file an amended certificate of interested persons which includes the citizenship (not address) of each of its members by February 23, 2024. (Ordered by Judge Ed Kinkeade on 2/21/2024) (chmb)
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| Filing 17 ANSWER to #16 Amended Complaint,, filed by Penn-America Insurance Company. 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. (Shuchart, Fred) |
| Filing 16 AMENDED COMPLAINT WITH JURY DEMAND against Penn-America Insurance Company filed by JS Hanna LLC. 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. (ndt) |
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Filing 15
ELECTRONIC ORDER: Before the Court is Plaintiff's Motion for Leave to File Plaintiff's First Amended Complaint (the "Motion") (Doc. No. 13). Defendant is unopposed to the amended pleading. Doc. No. 13 at 1, 3. The Court hereby GRANTS the Motion. Fed. R. Civ. P. 15(a)(2). The Clerk is directed to file Plaintiff's First Amended Complaint, filed as Doc. No. 13-1, as of the date of this order. (Ordered by Judge Ed Kinkeade on 2/16/2024) (chmb)
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| Filing 14 AMENDED DOCUMENT by Penn-America Insurance Company. Amendment to #1 Notice of Removal. 2nd Amended Notice of Removal. (Shuchart, Fred) |
| Filing 13 Unopposed MOTION for Leave to File Plaintiff's First Amended Complaint filed by JS Hanna LLC (Attachments: #1 Exhibit(s)) (Cabrero, Elan) |
| Filing 12 AMENDED DOCUMENT by JS Hanna LLC. Amendment to #6 Cert. Of Interested Persons/Disclosure Statement. . (Cabrero, Elan) |
| Filing 11 AMENDED DOCUMENT by Penn-America Insurance Company. Amendment to #5 Cert. Of Interested Persons/Disclosure Statement. Defendant Penn-America Ins Company's Amended Certificate of Interested Parties. (Shuchart, Fred) |
| Filing 10 AMENDED DOCUMENT by Penn-America Insurance Company. Amendment to #1 Notice of Removal,,,,. Amended Defendant's Notice of Removal. (Shuchart, Fred) |
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Filing 9
ELECTRONIC ORDER: Both Plaintiff and Defendant timely filed their respective Certificates of Interested Parties. Doc. Nos. 5, 6. In cases where subject matter jurisdiction is based on diversity under 28 U.S. C. 1332(a), Rule 7.1(a)(2) requires that each party's disclosure statement "must 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). Neither Certificate of Interested Persons contains the required citizenship disclosure statement.If Defendant properly amends its Notice of Removal in accordance with the Court's prior order (Doc. No. 8), both Plaintiff and Defendant shall file an amended certificate of interested persons, respectively, within seven (7) days of an amended notice of removal. Plaintiff shall be mindful that its certificate must include the identity and citizenship of each of its members and any sub-members. See Carden v. Arkoma Assocs., 494 U.S. 185, 196 (1990); Settlement Funding, L.L.C. v. Rapid Settlements, Ltd., 851 F.3d 530, 536 (5th Cir. 2017); V & M Star, LP v. Centimark Corp., 596 F.3d 354, 356 (6th Cir. 2010). (Ordered by Judge Ed Kinkeade on 2/9/2024) (chmb)
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Filing 8
ELECTRONIC ORDER: 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). Doc. No. 1 at 2. In alleging the parties' citizenship, Defendant alleges that "Plaintiff is a corporation duly organized under the laws of the State of Texas with its principle [sic] place of business in Dallas County, Texas." Id. By its name, Plaintiff appears to take the form of a limited liability company, not a corporation. The citizenship of a limited liability company ("LLC") is determined by the citizenship of all of its members, including any sub-members. Carden v. Arkoma Assocs., 494 U.S. 185, 196 (1990); see V & M Star, LP v. Centimark Corp., 596 F.3d 354, 356 (6th Cir. 2010) (court must also know citizenship of each "sub-member"); see also Basurto v. Mervyn's, LLC, 2007 WL 390711, at *1 (N.D. Tex. Jan. 30, 2007)(Fish, C.J.) (citizenship of limited liability company not determined by the state in which it was organized unless one of its members is a citizen of that state). Further, these allegations must include the identity of each member as well as each member's citizenship. Settlement Funding, L.L.C. v. Rapid Settlements, Ltd., 851 F.3d 530, 536 (5th Cir. 2017); Hise Real Estate Invs., LP v. Great Lakes Ins. SE, 2021 WL 217264, at *2 (E.D. Jan. 21, 2021)."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). Defendant has not properly alleged Plaintiffs citizenship and so, at this time, the Court cannot determine whether diversity jurisdiction exists. See St. Paul Reinsurance Co. v. Greenburg, 134 F.3d 1250, 1253 (5th Cir. 1998) (party seeking the federal forum bears the burden of establishing subject matter jurisdiction). By February 23, 2024, Defendant may amend its Notice of Removal in accordance with this Order. If Defendant fails to amend or fails to do so sufficiently, the Court will remand this case without further notice. See 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 2/9/2024) (chmb)
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| Filing 7 MOTION to Stay Joint Motion to Abate Pending Appraisal filed by Penn-America Insurance Company (Attachments: #1 Proposed Order) (Shuchart, Fred) |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by JS Hanna LLC. (Clerk QC note: No affiliate entered in ECF). (Cabrero, Elan) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Penn-America Insurance Company. (Clerk QC note: Affiliate entry indicated). (Shuchart, Fred) |
| 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (agc) |
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Filing 3
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 2/8/2024) (chmb)
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Filing 2
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 2/8/2024) (chmb)
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| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Penn-America Insurance Company. (Filing fee $405; receipt number ATXNDC-14376451) 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), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s)) (Shuchart, Fred) |
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| Plaintiff: JS Hanna LLC | |
| Represented By: | Elan A Cabrero |
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| Defendant: Penn-America Insurance Company | |
| Represented By: | Fred L Shuchart |
| Represented By: | Robert J Witmeyer |
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