Bernacki v. Kestner et al
| Henry M Bernacki |
| Nathan Andrew-Harris Kestner, Greyhound Lines Inc, Vaughn James-Robinsons Nash and Greyhound Lines Inc doing business as Bolt Bus |
| 3:2024cv00627 |
| March 14, 2024 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| Plaintiff |
Docket Report
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| Filing 20 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Henry M Bernacki. 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. (Browne, Spencer) |
Filing 19
ELECTRONIC ORDER: Before the Court is Defendants Greyhound Lines, Inc. ("Greyhound") and Vaughn James-Robinsons Nash's ("Nash") (together, "Defendants") Motion to Extend Responsive Pleadings Deadline (the "Motion") (Doc. No. 18). In an effort "to avoid time-consuming Rule 12(b)(6) motion practice," the parties have agreed to extensions of Plaintiff's time in which to file an amended complaint and Defendants' deadline in which to answer or otherwise respond. Doc. No. 18 at 1 & 2 n.2; see also Doc. No. 16. The Court finds good cause exists for Defendants' requested extension of time to answer or otherwise respond and, therefore, GRANTS the Motion. Defendants Greyhound and Nash shall answer or otherwise respond within 14 days of service Plaintiff's amended complaint. (Ordered by Judge Ed Kinkeade on 4/30/2024) (chmb)
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| Filing 18 MOTION to Extend Time Extension of Responsive Pleadings Deadline filed by Greyhound Lines Inc, Vaughn James-Robinsons Nash (Attachments: #1 Proposed Order Granting Motion to Extend Responsive Pleadings Deadline)Attorney Gene A Hamm, II added to party Vaughn James-Robinsons Nash(pty:dft) (Hamm, Gene) |
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Filing 17
ELECTRONIC ORDER: The parties filed a Joint Rule 15(a) Stipulation Regarding Amendment and Responsive Pleading Deadline (the "Stipulation") (Doc. No. 16). The Court construes this Stipulation only as Defendants' written consent for Plaintiff to amend his state court petition. As set forth in the undersigned's Judge Specific Requirements, this Court does not allow parties to stipulate to extensions any scheduling order deadline or any time specified by the Federal Rules in which an act must be done. (Ordered by Judge Ed Kinkeade on 4/29/2024) (chmb)
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| Filing 16 Joint STIPULATION Rule 15(a) Stipulation Regarding Amendment and Responsive Pleading Deadlines by Greyhound Lines Inc, Vaughn James-Robinsons Nash. (Hamm, Gene) |
| Filing 15 NOTICE of Compliance with Judge's Copy Requirements re: #12 Amended Document,,,,,, filed by Greyhound Lines Inc (Hamm, Gene) |
| Filing 14 (Document Restricted) Sealed Attorney Contact Information (Sealed pursuant to SO 19-1, statute, or rule) filed by Henry M Bernacki (Browne, Spencer) |
| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Henry M Bernacki. (Clerk QC note: No affiliate entered in ECF). (Browne, Spencer) |
| Filing 12 AMENDED DOCUMENT by Greyhound Lines Inc. Amendment to #1 Notice of Removal. First Amended Notice of Removal. (Attachments: #1 Exhibit(s) "1" - Index of State Court Filings, #2 Exhibit(s) "2" - State Court Docket Sheet, #3 Exhibit(s) "3" - Plaintiff's Original Petition, #4 Exhibit(s) "4" - Notice of Removal, #5 Exhibit(s) "5" - Plaintiffs Citation to Kestner, #6 Exhibit(s) "6" - Plaintiffs Citation to Greyhound Lines, Inc., #7 Exhibit(s) "7" - Plaintiffs Citation to Greyhound Lines, Inc. d/b/a Bolt Bus, #8 Exhibit(s) "8" - Plaintiffs Citation to Nash, #9 Exhibit(s) "9" - Order to Close File (Removal to Federal Court), #10 Exhibit(s) "10" - Notice of Removal (Kestner), #11 Exhibit(s) "11" - Notice of Removal (Nash), #12 Exhibit(s) "12" - Notice of Removal (Hamm), #13 Exhibit(s) "13" - Notice of Removal (Greyhound), #14 Exhibit(s) "14" - Notice of Removal (Browne), #15 Exhibit(s) "15" - Supplemental citizenship evidence (Bernacki), #16 Exhibit(s) "16" - Supplemental citizenship evidence (Kestner), #17 Exhibit(s) "17" - Supplemental citizenship evidence (Nash), #18 Exhibit(s) "18" - Greyhounds Certificate of Interested Persons, #19 Exhibit(s) "19" - Greyhounds Rule 7.1(a)(2) Disclosure Statement, #20 Exhibit(s) "20" - Civil Cover Sheet, #21 Exhibit(s) "21" - Supplemental Civil Cover Sheet) (Hamm, Gene) |
| Filing 11 Summons Issued as to Greyhound Lines Inc. (sxf) |
| Filing 10 Request for Clerk to issue Summons filed by Henry M Bernacki. (Browne, Spencer) |
| Filing 9 Summons Issued as to Nathan Andrew-Harris Kestner, Vaughn James-Robinsons Nash. (cfk) |
| Filing 8 Request for Clerk to issue Summons filed by Henry M Bernacki. (Browne, Spencer) (Main Document 8 replaced to flatten pdf on 3/22/2024) (cfk). |
| Filing 7 Request for Clerk to issue Summons filed by Henry M Bernacki. (Browne, Spencer) (Main Document 7 replaced to flatten pdf on 3/22/2024) (cfk). |
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Filing 6
ELECTRONIC ORDER: Before the Court is Defendant Greyhound Lines, Inc.'s Unopposed Motion for Leave From Local Counsel Requirement Under Local Civil Rule 83.10(a) (the "Motion") (Doc. No. 3). Having carefully considered the Motion, the Court finds that leave should be granted. Accordingly, the Court GRANTS the Motion. However, at any time during the pendency of this matter, the Court may require Defendant Greyhound to file an entry of appearance of local counsel in accordance with Local Civil Rule 83.10(a). (Ordered by Judge Ed Kinkeade on 3/15/2024) (chmb)
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Filing 5
ELECTRONIC ORDER: Defendant Greyhound Lines, Inc. ("Greyhound") removed this case to federal court on the basis of diversity jurisdiction, 28 U.S.C. 1332(a). See Doc. No. 1 at 3-4. "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). "For natural persons, 1332 citizenship is determined by domicile, which requires residency plus an intent to make the place of residency one's permanent home." SXSW, L.L.C. v. Fed. Ins. Co., 83 F.4th 405, 407 (5th Cir. 2023) (citing Gilbert v. David, 235 U.S. 561, 568-69 (1915)); accord Preston v. Tenet Healthsystem Mem'l Med. Ctr., Inc., 485 F.3d 793, 799 (5th Cir. 2007) ("Domicile requires the demonstration of two factors: residence and the intention to remain."). In alleging the citizenship of Plaintiff, Defendant Nathan Andrew-Harris Kestner, and Defendant Vaughn James-Robinsons Nash, Greyhound relies on Plaintiff's state court petition which alleges the residency of Plaintiff, Defendant Kestner, and Defendant Nash. Doc. No. 1 at 2-3; see Doc. No. 1-3. For these reasons, Greyhound has not sufficiently alleged the citizenship of Plaintiff, Defendant Kestner, or Defendant Nash.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."). In this case, the sole basis for the Court's subject matter jurisdiction is diversity jurisdiction. Greyhound, the party seeking the federal forum, bears the burden of establishing subject matter jurisdiction, and that burden has not been satisfied on this Notice of Removal. See St. Paul Reinsurance Co. v. Greenburg, 134 F.3d 1250, 1253 (5th Cir. 1998). Greyhound may amend its Notice of Removal to properly allege the citizenship of Plaintiff, Defendant Kestner, and Defendant Nash and, thereby, establish complete diversity by March 29, 2024. If Defendant Greyhound fails to amend or to do so sufficiently, this case will be remanded without further notice. 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 3/15/2024) (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 3/15/2024) (chmb)
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| Filing 3 MOTION Leave from Local Counsel Requirement filed by Greyhound Lines Inc (Attachments: #1 Proposed Order Granting Motion for Leave from Local Counsel Requirement) (Hamm, Gene) |
| Filing 2 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. (kcr) |
| CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Greyhound Lines Inc. See document #1 for image. (Clerk QC note: No affiliate entered in ECF). (kcr) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Greyhound Lines Inc. (Filing fee $405; receipt number ATXNDC-14466174) 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) "1" - Index of State Court Filings, #2 Exhibit(s) "2" - State Court Docket Sheet, #3 Exhibit(s) "3" - Plaintiff's Original Petition, #4 Exhibit(s) "4" - Greyhound's Certificate of Interested Persons, #5 Exhibit(s) "5" - Greyhound's Rule 7.1a2 Disclosure Statement, #6 Exhibit(s) "6" - Civil Cover Sheet, #7 Exhibit(s) "7" - Supplemental Civil Cover Sheet) (Hamm, Gene) (Attachment 6, 7 flattened on 3/15/2024) (kcr). |
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