Wysk v. Myers et al
Frederick A Wysk |
Scott A Myers and Hycroft LLC |
3:2024cv00344 |
February 13, 2024 |
US District Court for the Northern District of Texas |
Ed Kinkeade |
Contract: Other Contract |
28 U.S.C. ยง 1346 Breach of Contract |
Plaintiff |
Docket Report
This docket was last retrieved on February 21, 2024. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 7 NOTICE of Dismissal Without Prejudice re: #1 Complaint,,,, filed by Frederick A Wysk (Ayres, Christopher) |
Civil Case Terminated pursuant to the Notice of Dismissal Without Prejudice. (chmb) |
Filing 6 ELECTRONIC ORDER: Before the Court is Plaintiff Frederick A. Wysk's Original Complaint. Doc. No. 1. Mr. Wysk purports to bring this case under the Court's diversity jurisdiction. Id. at 2; 28 U.S.C. 1332(a). Accordingly, Mr. Wysk must "distinctly and affirmatively" allege the citizenship of each party so that the Court can determine whether his 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). Having reviewed Mr. Wysk's Complaint 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 Mr. Wysk has not sufficiently alleged Defendant Hycroft, LLCs ("Hycroft") citizenship. Because Hycroft is a limited liability company, its citizenship depends on the citizenship of its members, and Mr. Wysk must "specifically allege the citizenship of every member" of the company. MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 314 (5th Cir. 2019) (citation omitted). Mr. Wysk has not affirmatively and exhaustively alleged the citizenships of each member of Hycroft. Accordingly, the Court ORDERS Mr. Wysk to amend his Complaint to properly allege Hycroft's citizenship no later than February 28, 2024. The Court reminds Mr. Wysk that "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). (Ordered by Judge Ed Kinkeade on 2/14/2024) (chmb) |
Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Frederick A Wysk. (Clerk QC note: No affiliate entered in ECF). (Ayres, Christopher) |
Filing 4 Summons Issued as to Hycroft LLC, Scott A Myers. (agc) |
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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (agc) |
Filing 2 ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 2/13/2024) (chmb) |
Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Frederick A. Wysk. (Filing fee $405; Receipt number ATXNDC-14388240) 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) (Ayres, Christopher) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.