Sanchez-Wright et al v. Caterpillar Inc et al
| Victoria Sanchez-Wright and Dominque Wright |
| Vulcan Materials Company and Caterpillar Inc |
| 3:2024cv01185 |
| May 16, 2024 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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| Document Text |
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| Filing 19 Appendix in Support filed by Caterpillar Inc re #18 Response/Objection to Plaintiffs' Motion to Remand (Howell, Brad) |
| Filing 18 RESPONSE filed by Caterpillar Inc re: #13 MOTION to Remand to State Court (Howell, Brad) |
| Filing 17 ANSWER to Complaint with Jury Demand filed by Vulcan Materials Company. 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. (Herring, John) |
| Filing 16 NOTICE of Consent to Removal filed by Vulcan Materials Company (Herring, John) |
| Filing 15 Appendix in Support filed by Victoria Sanchez-Wright, Dominque Wright re #13 MOTION to Remand to State Court (Samples, Steven) |
| Filing 14 Brief/Memorandum in Support filed by Victoria Sanchez-Wright, Dominque Wright re #13 MOTION to Remand to State Court (Samples, Steven) |
| Filing 13 MOTION to Remand to State Court filed by Victoria Sanchez-Wright, Dominque Wright (Samples, Steven) |
| Filing 12 (Document Restricted) Attorney Contact Information (Sealed pursuant to SO 19-1, statute, or rule) filed by Victoria Sanchez-Wright, Dominque Wright (Samples, Steven) |
| Filing 11 NOTICE of Attorney Appearance by Steven Robert Samples on behalf of Victoria Sanchez-Wright, Dominque Wright. (Filer confirms contact info in ECF is current.) (Samples, Steven) |
Filing 10
ELECTRONIC ORDER: Before the Court is Defendant Vulcan Materials Company's Unopposed Motion to Extend Deadline to Answer or Otherwise Respond to Plaintiffs' Original Petition (the "Motion") (Doc. No. 9). Having carefully considered the Motion, the Court finds good cause exists for the requested extension of time. Accordingly, the Court GRANTS the Motion. Defendant Vulcan Materials Company shall file its answer or otherwise respond by June 28, 2024. (Ordered by Judge Ed Kinkeade on 6/10/2024) (chmb)
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| Filing 9 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Original Petition filed by Vulcan Materials Company (Attachments: #1 Proposed Order)Attorney John R Herring added to party Vulcan Materials Company(pty:dft) (Herring, John) |
| Filing 8 ANSWER to Complaint with Jury Demand filed by Caterpillar Inc. 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. (Howell, Brad) |
| Filing 7 AMENDED DOCUMENT by Caterpillar Inc. Amended Notice of Removal. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s)) (Kratovil, Christopher) |
| Filing 6 Court Request for Recusal: Magistrate Judge David L. Horan recused pursuant to Special Order 3-346. Magistrate Judge Renee Harris Toliver assigned for matters that may be referred in this case. (mms) |
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Filing 5
ELECTRONIC ORDER: Defendant Caterpillar Inc. ("Caterpillar") removed this case to federal court on the basis of diversity jurisdiction, 28 U.S.C. 1332(a). Doc. No. 1 at 2. Accordingly, the parties' citizenship must be completely diverse in that one of the plaintiffs cannot share the same state citizenship as one of the defendants. See Corfield v. Dallas Glen Hills LP, 355 F.3d 853, 857 (5th Cir. 2003). "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). Caterpillar alleges that "Plaintiff Victoria Sanchez-Wright is an individual citizen of Norman, Oklahoma." Doc. No. 1 at 2. Plaintiff Victoria Sanchez-Wright is suing not only in her individual capacity but as the representative of the Estate of Kenneth William Wright, deceased. For diversity purposes, "the legal representative of the estate of a decedent shall be deemed to be a citizen only of the same State as the decedent[.]" 28 U.S.C. 1332(c)(2). Although it properly alleges Plaintiff Victoria Sanchez-Wright's citizenship in her individual capacity, Caterpillar does not properly allege her citizenship as the legal representative of the Estate of Kenneth William Wright. Thus, at this time, the Court cannot determine whether the parties are completely diverse in their citizenship.The Court also notes that Caterpillar fails to indicate in its Notice of Removal whether or not Defendant Vulcan Materials Company has been "properly served and joined" for purposes of 1446(b)(2).The Court has "an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party." Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006) (citing Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999)). The party seeking the federal forum bears the burden of establishing subject matter jurisdiction. See St. Paul Reinsurance Co. v. Greenburg, 134 F.3d 1250, 1253 (5th Cir. 1998). Caterpillar may amend it Notice of Removal in accordance with this Order by May 24, 2024. If Caterpillar fails to amend or fails to do so sufficiently, the Court will remand this case 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); see Stockman v. Fed. Election Comm'n, 138 F.3d 144, 151 (5th Cir. 1998) (federal court has no power to adjudicate claims where subject matter jurisdiction does not exist). (Ordered by Judge Ed Kinkeade on 5/17/2024) (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. (kcr) |
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Filing 3
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 5/16/2024) (chmb)
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| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Caterpillar Inc.. (Clerk QC note: No affiliate entered in ECF). (Kratovil, Christopher) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Caterpillar Inc.. (Filing fee $405; receipt number ATXNDC-14625655) 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)) (Kratovil, Christopher) |
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