Vicente v. Kraft Heinz Foods Company
| Victor S. Vicente |
| Kraft Heinz Foods Company |
| 3:2024cv00395 |
| February 20, 2024 |
| US District Court for the Northern District of Texas |
| Sidney A Fitzwater |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
Docket Report
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| Document Text |
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Filing 11
ORDER ON PLAINTIFFS AGREED MOTION FOR VOLUNTARY DISMISSAL granting #10 Motion to Dismiss without prejudice to the refiling of same. #10 Motion to Dismiss filed by Victor S. Vicente terminated. (Ordered by Senior Judge Sidney A Fitzwater on 4/15/2024) (frw)
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| Filing 10 Agreed MOTION to Dismiss Without Prejudice filed by Victor S. Vicente (Sullivan, Daniel) |
| Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kraft Heinz Foods Company. (Clerk QC note: No affiliate entered in ECF). (Stanford, Timothy) |
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Filing 8
ORDER: Proposed Scheduling Order due by 4/22/2024. (Ordered by Senior Judge Sidney A Fitzwater on 3/25/2024) (kcr)
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| Filing 7 ANSWER to #6 Amended Complaint,, with Jury Demand filed by Kraft Heinz Foods 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. Attorney Timothy Stanford added to party Kraft Heinz Foods Company(pty:dft) (Stanford, Timothy) |
| Filing 6 AMENDED COMPLAINT WITH JURY DEMAND against Kraft Heinz Foods Company filed by Victor S. Vicente. 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. (Sullivan, Daniel) |
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Filing 5
ORDER: Plaintiff's complaint, filed February 20, 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 Victor S. Vicente (Vicente) and defendant Kraft Heinz Foods Company ("Kraft") for the following reasons: Failure to allege individual's citizenship as opposed to state of residency. See Realty Holding Co. v. Donaldson, 268 U.S. 398, 399 (1925) (allegations of residency, rather than of citizenship, are inadequate to invoke court's jurisdiction). Failure to allege corporations principal place of business. Id. The complaint alleges Kraft's "principal offices." (Ordered by Senior Judge Sidney A Fitzwater on 2/27/2024) (ndt)
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| Filing 4 Summons Issued as to Kraft Heinz Foods Company. (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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (cfk) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Victor S. Vicente. (Clerk QC note: No affiliate entered in ECF). (Sullivan, Daniel) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Kraft Heinz Foods Company filed by Victor S. Vicente. (Filing fee $405; Receipt number ATXNDC-14402913) 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. (Sullivan, Daniel) |
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| Plaintiff: Victor S. Vicente | |
| Represented By: | Gregory V Gallagher |
| Represented By: | Daniel P Sullivan |
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| Defendant: Kraft Heinz Foods Company | |
| Represented By: | R Lynn Fielder |
| Represented By: | Timothy Stanford |
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