Wouldu v. The Braun Corporation et al
| Genet Wouldu |
| The Braun Corporation doing business as Braunability, United Access, LLC, EZ Lock, Inc., Q'Straint America, Southwestmedical.com LLC doing business as Quickie Wheelchairs, United Access LLC, EZ Lock Inc and Sunrise Medical LLC doing business as Quickie Wheelchairs |
| 3:2024cv00444 |
| February 26, 2024 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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Filing 38
ELECTRONIC ORDER g - Before the Court is Defendant Sunrise Medical (US) LLC d/b/a Quickie Wheelchairs' ("Sunrise Medical") Unopposed Motion for Extension of Deadline to Respond to Plaintiff's Fourth Amended Original Complaint (the "Motion"). Doc. No. 36. Upon consideration of the same, the Court GRANTS the Motion. Sunrise Medical shall answer or otherwise respond to Plaintiff's Fourth Amended Original Complaint, Doc. No. 31, no later than May 3, 2024. (Ordered by Judge Ed Kinkeade on 4/16/2024) (chmb)
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| Filing 37 NOTICE of Attorney Appearance by Deborah Archer for David Macdonald on behalf of Sunrise Medical LLC. (Archer, Deborah) |
| Filing 36 Unopposed MOTION to Extend Time to Respond to Plaintiff's Fourth Amended Original Complaint filed by Sunrise Medical LLC (Attachments: #1 Proposed Order) (Safarli, John) |
| Filing 35 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Sunrise Medical LLC. (Clerk QC note: No affiliate entered in ECF). (Safarli, John) |
| Filing 34 NOTICE of Attorney Appearance by John Armen Safarli on behalf of Sunrise Medical LLC. (Filer confirms contact info in ECF is current.) (Safarli, John) |
| Filing 33 ANSWER to #31 Amended Complaint,, with Jury Demand filed by The Braun Corporation. 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. (Ciobotaru, Dan) |
| Filing 32 ANSWER to #31 Amended Complaint,, with Jury Demand filed by EZ Lock Inc. 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. (Bennett, Paul) |
| Filing 31 AMENDED COMPLAINT FOURTH against All Defendants filed by Genet Wouldu. 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. (Marks, James) |
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Filing 30
ELECTRONIC ORDER granting #29 Application for Admission Pro Hac Vice of Richard M. McRory II. 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 4/3/2024) (chmb)
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| Filing 29 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Richard M. McRory II (Filing fee $100; Receipt number ATXNDC-14513382) filed by The Braun Corporation (Attachments: #1 Exhibit(s), #2 Proposed Order) (Walters, Wayne) |
| Filing 28 SUMMONS Returned Executed as to Sunrise Medical LLC ; served on 3/26/2024. (sxf) |
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Filing 27
ELECTRONIC ORDER - Before the Court are Plaintiff Genet Wouldu's Motion for Remand (the "Motion to Remand"), Doc. No. 21, Motion to Withdraw Plaintiff's Motion for Remand (the "Motion to Withdraw"), Doc. No. 26, and Third Amended Original Complaint (the "Third Amended Complaint"). Doc. No. 24. Upon consideration of the same, the Court GRANTS Ms. Wouldu's Motion to Withdraw and DIRECTS the Clerk to terminate the Motion to Remand.The Court has reviewed the Third Amended Complaint, which the Court understands Ms. Wouldu to have filed in response to the Courts March 19, 2024 order requiring her to properly allege the citizenship of Defendant Sunrise Medical (US) LLC d/b/a Quickie Wheelchairs ("Sunrise Medical"). Doc. No. 18. Ms. Wouldu alleges that the sole member of Sunrise Medical is Sunrise Medical Holdings Limited ("Sunrise Holdings"), a United Kingdom private limited company. Courts have generally treated United Kingdom private limited companies like domestic corporations for purposes of diversity jurisdiction. Green Coast Enters., LLC v. Certain Underwriters at Lloyd's, 2022 WL 2208206, at *5 (E.D. La. June 21, 2022). Accordingly, Ms. Wouldu must allege the principal place of business of Sunrise Holdings. 28 U.S.C. 1332(c)(1); Hertz Corp. v. Friend, 559 U.S. 77, 80-81 (2010). She has not done so. The Court therefore ORDERS Ms. Wouldu to file an amended complaint alleging the principal place of business of Sunrise Holdings no later than April 5, 2024. (Ordered by Judge Ed Kinkeade on 3/28/2024) (chmb)
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| Filing 26 MOTION to Withdraw #21 MOTION to Remand to State Court filed by Genet Wouldu (Marks, James) |
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Filing 25
ELECTRONIC ORDER granting #23 Application for Admission Pro Hac Vice of Dan Sebastian Ciobotaru. 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 3/27/2024) (chmb)
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| Filing 24 AMENDED COMPLAINT THIRD against All Defendants filed by Genet Wouldu. 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. (Marks, James) |
| Filing 23 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14495759) filed by The Braun Corporation (Attachments: #1 Exhibit(s))Attorney Dan Sebastian Ciobotaru added to party The Braun Corporation(pty:dft) (Ciobotaru, Dan) |
| Filing 22 AMENDED COMPLAINT SECOND against All Defendants filed by Genet Wouldu. 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. (Marks, James) |
| Filing 21 MOTION to Remand to State Court filed by Genet Wouldu with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Order on Motion for Remand) (Marks, James) |
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Filing 20
ELECTRONIC ORDER: It has been brought to the Court's attention that defense counsel Rick McRory, II, ("McRory") is not admitted to practice in the United States District Court for the Northern District of Texas. Therefore, within 21 days from the date of this order, McRory must either become admitted to practice in this District (See LR 83.7), or move the Court to be admitted Pro Hac Vice (See LR 83.9(b)). (Ordered by Judge Ed Kinkeade on 3/27/2024) (chmb)
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| Filing 19 Summons Issued as to Sunrise Medical LLC. (sxf) |
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Filing 18
ELECTRONIC ORDER: Before the Court is Plaintiff Genet Wouldu's Amended Original Complaint. Doc. No. 15. In the Amended Complaint, Ms. Wouldu asserts that the Court has diversity jurisdiction. Id. at 3. Accordingly, as stated in the Court's order of February 27, 2024, she must distinctly and affirmatively allege the citizenship of each party. Doc. No. 6. Having reviewed the Amended Complaint, the Court notes that Ms. Wouldu has named a new Defendant, Sunrise Medical (US) LLC d/b/a Quickie Wheelchairs ("Sunrise Medical"), without alleging its citizenship. Doc. No. 15 at 3. Because Sunrise Medical is a limited liability company, Ms. Wouldu must name every member of Sunrise Medical and allege each member's citizenship. SXSW, L.L.C. v. Fed. Ins. Co., 83 F.4th 405, 407-08 (5th Cir. 2023). Allegations that leave open the possibility that unnamed members exist or that rely on the residence rather than the citizenship of one or more members are insufficient. Id. Accordingly, the Court ORDERS Ms. Wouldu to file an amended complaint properly alleging Sunrise Medical's citizenship no later than April 2, 2024. (Ordered by Judge Ed Kinkeade on 3/19/2024) (chmb)
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| Filing 17 Summons Issued as to EZ Lock Inc, Q'Straint America, Southwestmedical.com LLC, The Braun Corporation, United Access LLC. (sxf) |
| Filing 16 Request for Clerk to issue Summons filed by Genet Wouldu. (Marks, James) |
| Filing 15 AMENDED COMPLAINT against All Defendants filed by Genet Wouldu. (One or more defendant(s) is no longer named.) Plaintiff will submit summons(es) for issuance. 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. (Marks, James) |
| Filing 14 Amemded Notice of Removal filed by The Braun Corporation (Attachments: #1 Exhibit(s) J Confirmation of Citizenship) (Barton, Jonathan) Modified on 3/11/2024 (chmb). |
| Filing 13 NOTICE of Attorney Appearance by Wayne Douglas Walters, III for O. Paul Dunagan on behalf of The Braun Corporation. (Walters, Wayne) |
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Filing 12
ELECTRONIC ORDER granting #11 Application for Admission Pro Hac Vice of Jonathan Barton. 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 3/5/2024) (chmb)
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| Filing 11 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14438823) filed by The Braun Corporation (Attachments: #1 Exhibit(s) Certificate of Good Standing) (Barton, Jonathan) |
| Filing 10 ANSWER to Complaint with Jury Demand filed by The Braun Corporation. 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. (Walters, Wayne) |
| Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by EZ Lock Inc. (Clerk QC note: No affiliate entered in ECF). (Bennett, Paul) |
| Filing 8 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by EZ Lock Inc (Bennett, Paul) |
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Filing 6
ELECTRONIC ORDER: Before the Court is Defendant The Braun Corporation d/b/a BraunAbility's ("Braun") Notice of Removal. Doc. No. 1. Braun invokes the Court's diversity jurisdiction as the basis for its removal. Id. at 3; 28 U.S.C. 1332(a), 1441(a). Accordingly, Braun must "distinctly and affirmatively" allege the citizenship of each party so that the Court can determine whether the citizenship of all plaintiffs differs from the citizenship of all defendants. 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 Braun's 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 Braun has not sufficiently alleged Yididia Soloman's citizenship. Braun states that Plaintiff Genet Wouldu is a citizen of Texas. Doc. No. 1 at 3. However, Ms. Wouldu sues on behalf of Ms. Soloman, who appears to be a real party to the controversy. Cf. Bynane v. Bank of N.Y. Mellon, 866 F.3d 351, 359 (5th Cir. 2017). Accordingly, Braun must allege Ms. Solomans citizenship. The Court ORDERS Braun to amend its Notice of Removal to properly allege her citizenship no later than March 12, 2024. Failure to timely comply with this order WILL RESULT in a remand of this case without further notice. 28 U.S.C. 1447(c). (Ordered by Judge Ed Kinkeade on 2/27/2024) (chmb)
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Filing 5
ELECTRONIC ORDER: Local Civil Rule 83.10(a) requires the appearance of local counsel where the attorney of record for a party does not reside or maintain their principal office in this district. By March 15, 2024, Defendant The Braun Corporation shall file the entry of appearance of local counsel satisfying the requirements of Local Civil Rule 83.10(a). Failure to do so may result in sanctions being imposed for failure to comply with an order of the Court. (Ordered by Judge Ed Kinkeade on 2/27/2024) (chmb)
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| 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. (rekc) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by The Braun Corporation. (Clerk QC note: No affiliate entered in ECF). (Walters, Wayne) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by The Braun Corporation. (Filer fee note- Fee paid in case DC-24-01145.) 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 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Cover Sheet) (Walters, Wayne) |
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