Chantaf v. MG Transport LLC et al
| Samir El Chantaf |
| Mario Flores and MG Transport LLC |
| 3:2024cv01247 |
| May 22, 2024 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Motor Vehicle |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Plaintiff |
Docket Report
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Filing 16
SCHEDULING ORDER: Jury Trial set for 2/2/2026 09:00 AM before Judge Ed Kinkeade.Deadline for mediation is on or before 11/15/2024. Joint Report on mediation due by 11/22/2024. Joinder of Parties due by 9/30/2024. Amended Pleadings due by 9/30/2024. Discovery due by 7/28/2025. Motions due by 8/28/2025. Pretrial Order due by 1/12/2026. Pretrial Materials due by 1/12/2026. (Ordered by Judge Ed Kinkeade on 7/1/2024) (chmb)
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| Filing 15 Proposal for contents of scheduling and discovery order by Mario Flores, MG Transport LLC. (Attachments: #1 Proposed Order) (Marshall, Jeffrey) |
| Filing 14 AMENDED DOCUMENT by Samir El Chantaf. Amendment to #11 Cert. Of Interested Persons/Disclosure Statement. (Genthe, Aaron) Modified event text on 6/4/2024 (kcr). |
| Filing 13 AMENDED DOCUMENT by MG Transport LLC, Mario Flores. Amendment to #7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT Defendants' Amended Certificate of Interested Parties. (Marshall, Jeffrey) Modified event text on 6/3/2024 (kcr). |
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Filing 12
ELECTRONIC ORDER: On May 24, 2024, the Court entered an order explaining in detail that, in cases before the Court on diversity jurisdiction, Rule 7.1(a)(2) requires a citizenship disclosure statement in each party's certificate of interested persons. See Doc. No. 9 (citing Fed. R. Civ. P. 7.1(a)(2)). The Court explicitly stated, "Plaintiff shall ensure that his certificate of interested persons/disclosure statement identifies the State of his citizenship (not residence) as required by Rule 7.1(a)(2)." Id. Plaintiff filed his Certificate of Interested Parties (Doc. No. 11) which did not include the citizenship statement. The Court ORDERS Plaintiff to file an amended certificate of interested parties, which includes this required disclosure statement, by June 3, 2024.The parties in this case shall carefully read every order of this Court to both ensure their compliance and eliminate the Court's needless duplication of work. (Ordered by Judge Ed Kinkeade on 5/31/2024) (chmb)
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| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Samir El Chantaf. (Clerk QC note: No affiliate entered in ECF). (Genthe, Aaron) |
| Filing 10 AMENDED DOCUMENT by MG Transport LLC, Mario Flores. Defendants' Amended Notice of Removal. (Attachments: #1 Exhibit(s) Exhibit A - Index of State Court Pleadings) (Marshall, Jeffrey) |
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Filing 9
ELECTRONIC ORDER: In cases where subject matter jurisdiction is based on diversity under 28 U.S. C. 1332(a), Rule 7.1(a)(2) of the Federal Rules of Civil Procedure requires that each party's disclosure statement "name--and identify the citizenship of--every individual or entity whose citizenship is attributed to that party[.]" Fed. R. Civ. P. 7.1(a)(2). Defendants timely filed their Certificate of Interested Parties (the "Certificate") (Doc. No. 6), but it does include the required citizenship disclosure statement for either Defendant. The Certificate does not name each of Defendant MG Transport LLC's members and identify their respective citizenship. See Carden v. Arkoma Assocs., 494 U.S. 185, 196 (1990) (citizenship of an LLC determined by the citizenship of all of its members). The Certificate also does not identify Defendant Mario Flores's citizenship. See Robertson v. Cease, 97 U.S. 646, 648 (1878) ("[C]itizenship and residence, as often declared by this court, are not synonymous terms."). Defendants shall file an amended certificate of interested persons within 2 days of amending their Notice of Removal. See Doc. No. 8.Further, Plaintiff shall ensure that his certificate of interested persons/disclosure statement identifies the State of his citizenship (not residence) as required by Rule 7.1(a)(2). See L. Civ. R. 81.2. (Ordered by Judge Ed Kinkeade on 5/24/2024) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of document #8 Fri May 24 08:34:13 CDT 2024 (crt) |
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Filing 8
ELECTRONIC ORDER: 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)). Defendants MG Transport LLC and Mario Flores (together, "Defendants") removed this case to federal court on the basis of diversity jurisdiction under 28 U.S.C. 1332(a). Doc. No. 1 at 2. 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). Further, "[w]hen 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). Defendants properly alleged Plaintiff's citizenship. Doc. No. 1 at 2. However, Defendants did not properly allege their own respective citizenship. Id. at 2-3.The citizenship of a limited liability company ("LLC") is determined by the citizenship of each of its members. Carden v. Arkoma Assocs., 494 U.S. 185, 196 (1990); see also V & M Star, LP v. Centimark Corp., 596 F.3d 354, 356 (6th Cir. 2010) (court must also know citizenship of each "sub-member"). The allegations of an LLC's citizenship must include the identity of each member as well as each member's citizenship. Settlement Funding, L.L.C. v. Rapid Settlements, Ltd., 851 F.3d 530, 536 (5th Cir. 2017).The citizenship of a natural person "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."). Defendants appear to recognize this based on their allegation of Plaintiff's citizenship, but for some reason failed to apply the same standard in alleging Defendant Mario Flores' citizenship. See Doc. No. 1 at 3; see also Robertson v. Cease, 97 U.S. 646, 648 (1878) ("[C]itizenship and residence, as often declared by this court, are not synonymous terms."). 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). Defendants may amend their Notice of Removal to properly allege their citizenship by May 30, 2024. If Defendants fail to amend or fail to do so sufficiently, the Court will remand this case without further notice because subject matter jurisdiction has not been established. 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); 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 5/23/2024) (chmb)
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| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Mario Flores, MG Transport LLC. (Clerk QC note: No affiliate entered in ECF). (Marshall, Jeffrey) |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Mario Flores, MG Transport LLC. (Clerk QC note: No affiliate entered in ECF). (Marshall, Jeffrey) |
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Filing 5
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 5/23/2024) (chmb)
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| Filing 4 Supplemental Document by Mario Flores, MG Transport LLC as to #1 Notice of Removal,,,, . (Attachments: #1 Exhibit(s) Index of State Court Pleadings, #2 Cover Sheet Civil Cover Sheet, #3 Cover Sheet Supplemental Cover Sheet) (Marshall, Jeffrey) |
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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 5/23/2024) (chmb)
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| 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (agc) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by MG Transport LLC, Mario Flores. (Filing fee $405; receipt number ATXNDC-14639533) 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) A - Index) (Marshall, Jeffrey) Modified text on 5/23/2024 (agc). Modified text per attorney on 5/23/2024 (ykp). |
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