G&E Reit II Ennis Mob LLC v. Innate Business Solutions LLC et al
| G&E HC REIT II ENNIS MOB, LLC and G&E Reit II Ennis Mob LLC |
| INNATE BUSINESS SOLUTIONS, LLC, TEXAS ANESTHESIA & PAIN MANAGEMENT INSTITUTE, P.A., GARY MARTIN, Innate Business Solutions LLC and Texas Anesthesia & Pain Management Institute PA |
| 3:2024cv01002 |
| April 24, 2024 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Real Property: Rent Lease & Ejectment |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 10, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 14 SUMMONS Returned Executed as to Texas Anesthesia & Pain Management Institute PA; served on 5/8/2024. (kcr) |
| Filing 13 SUMMONS Returned Executed as to Innate Business Solutions LLC; served on 5/3/2024. (axm) |
| Filing 12 Summons Issued as to Innate Business Solutions LLC, Gary Martin, Texas Anesthesia & Pain Management Institute PA. (kcr) |
| Filing 11 Request for Clerk to issue Summons filed by G&E Reit II Ennis Mob LLC. (Attachments: #1 Summons (Texas Anesthesia), #2 Summons (Gary Martin)) (Sudbury, Gregory) |
| Filing 10 Appendix in Support filed by G&E Reit II Ennis Mob LLC re #9 Amended Complaint,, (Attachments: #1 Exhibit(s)) (Sudbury, Gregory) |
| Filing 9 AMENDED COMPLAINT against All Defendants filed by G&E Reit II Ennis Mob 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. (Sudbury, Gregory) |
Filing 8
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 4/30/2024) (chmb)
|
|
Filing 7
ELECTRONIC ORDER: : Before the Court is Plaintiff G&E HC REIT II Ennis MOB, LLC's ("G&E") Original Complaint. Doc. No. 1. G&E purports to bring this suit within the Court's diversity jurisdiction. Id. at 2; 28 U.S.C. 1332(a). Accordingly, G&E must "distinctly and affirmatively" allege the citizenship of each party so that the Court can determine whether G&E's 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 G&E'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 G&E has not sufficiently alleged Defendant Texas Anesthesia & Pain Management Institute, P.A.'s ("Texas Anesthesia") citizenship. Because Texas Anesthesia is a Texas professional association, G&E must allege Texas Anesthesia's principal place of business. Zenith Ins. Co. v. Texas Inst. for Surgery, LLP, 2018 WL 5297754, at *1 n.1 (N.D. Tex. Oct. 25, 2018) (Fitzwater, J.). G&E has not done so.Accordingly, the Court ORDERS G&E to amend its Complaint to properly allege Texas Anesthesia's citizenship no later than May 9, 2024. Failure to timely comply with this order WILL RESULT in dismissal of G&E's claims without prejudice for lack of subject matter jurisdiction. (Ordered by Judge Ed Kinkeade on 4/25/2024) (chmb)
|
| Filing 6 Summons Issued as to Innate Business Solutions LLC, Gary Martin, Texas Anesthesia & Pain Management Institute PA. (cfk) |
| Filing 5 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. (cfk) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by G&E HC REIT II ENNIS MOB, LLC. (Clerk QC note: Affiliate entry indicated). (Sudbury, Gregory) |
| Filing 3 Request for Clerk to issue Summons filed by G&E HC REIT II ENNIS MOB, LLC. (Attachments: #1 Summons (Texas Anesthesia), #2 Summons (Gary Martin)) (Sudbury, Gregory) |
| Filing 2 Appendix in Support filed by G&E HC REIT II ENNIS MOB, LLC re #1 Complaint,,,, (Attachments: #1 Exhibit(s)) (Sudbury, Gregory) |
| Filing 1 COMPLAINT against All Defendants filed by G&E HC REIT II ENNIS MOB, LLC. (Filing fee $405; Receipt number ATXNDC-14567266) Plaintiff will submit summons(es) for issuance. 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) (Sudbury, Gregory) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. 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.
