Ryan LLC v. Radin
| Ryan LLC |
| Sean Radin |
| 3:2024cv01821 |
| July 11, 2024 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 21 (Document Restricted) Sealed Attorney Contact Information (Sealed pursuant to SO 19-1, statute, or rule) filed by Ryan LLC (Turner, Andrew) |
| Filing 20 (Document Restricted) SEALED ATTORNEY CONTACT INFORMATION (Sealed pursuant to SO 19-1, statute, or rule) filed by Ryan LLC (Smiley, Jennifer) |
Filing 19
SCHEDULING ORDER: Bench Trial set for 3/2/2026 09:00 AM before Judge Ed Kinkeade. Deadline for mediation is on or before 1/10/2025. Joint Report on mediation due by 1/17/2025. Joinder of Parties due by 1/17/2025. Amended Pleadings due by 1/17/2025. Discovery due by 8/8/2025. Motions due by 9/8/2025. Pretrial Order due by 2/9/2026. Pretrial Materials due by 2/9/2026. (Ordered by Judge Ed Kinkeade on 8/29/2024) (chmb)
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| Filing 18 Joint STATUS REPORT REGARDING RULE 26(f) CONFERENCE filed by Ryan LLC. (Smiley, Jennifer) |
| Filing 17 Special Order No. 3-354: Effective August 23, 2024, the cases listed on Exhibit A to this order are transferred to Magistrate Judge Brian McKay and shall henceforth carry the suffix letters BW. This case has been reassigned pursuant to Special Order No. 3-354. (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief District Judge David C Godbey on 8/23/2024) (rekc) |
| Filing 16 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ryan LLC. (Clerk QC note: Affiliate entry indicated). (Smiley, Jennifer) |
| Filing 15 AMENDED DOCUMENT by Sean Radin. Amendment to #2 Cert. Of Interested Persons/Disclosure Statement. . (Moore, Kimberly) |
| Filing 14 AMENDED DOCUMENT by Sean Radin. Amendment to #1 Notice of Removal. Defendant's Amended Notice of Removal. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E) (Moore, Kimberly) |
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Filing 13
ELECTRONIC ORDER: Before the Court is Defendant's Second Unopposed Motion for Extension of Time to File Amended Notice of Removal (the "Motion") (Doc. No. 12). The Court GRANTS the Motion. Defendant shall file his amended notice of removal by August 8, 2024. (Ordered by Judge Ed Kinkeade on 8/2/2024) (chmb)
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| Filing 12 Unopposed MOTION for Extension of Time to File Amended Notice of Removal filed by Sean Radin (Attachments: #1 Proposed Order) (Moore, Kimberly) |
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Filing 11
ELECTRONIC ORDER: Before the Court is Defendant's Unopposed Motion for Extension of Time to File Amended Notice of Removal (the "Motion") (Doc. No. 10). The Court has carefully considered the Motion and finds good cause for the requested extension of time. Accordingly, the Court GRANTS the Motion. Defendant shall file his amended notice of removal addressing the jurisdictional deficiencies by August 2, 2024. The deadline for filing an amended certificate of interested persons is still within 7 days of the filing of the amended notice of removal. (Ordered by Judge Ed Kinkeade on 7/24/2024) (chmb)
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| Filing 10 Unopposed MOTION for Extension of Time to File Amended Notice of Removal filed by Sean Radin (Attachments: #1 Proposed Order) (Moore, Kimberly) |
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Filing 9
ELECTRONIC ORDER: In cases invoking the Court's diversity jurisdiction under 28 U.S. C. 1332(a), Rule 7.1(a)(2) of the Federal Rules of Civil Procedure requires each party to file a disclosure statement which must "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). Defendant timely filed his Certificate of Interested Persons (Doc. No. 2) but it does not contain the required citizenship disclosure statement. Assuming he cures the jurisdictional defects identified by the Court, see Doc. No. 8, Defendant shall file an amended certificate of interested persons within 7 days of amending his Notice of Removal.Plaintiff shall ensure that its certificate of interested persons/disclosure statement contains the citizenship disclosure statement required by Rule 7.1(a)(2). See also L. Civ. R. 81.2. As a reminder for Plaintiff, the citizenship of a limited liability company is determined by the citizenship of all of its members EACH of whom must be identified along with their respective State citizenship. SXSW, L.L.C. v. Fed. Ins. Co., 83 F.4th 405, 407 (5th Cir. 2023); Settlement Funding, L.L.C. v. Rapid Settlements, Ltd., 851 F.3d 530, 536 (5th Cir. 2017). (Ordered by Judge Ed Kinkeade on 7/17/2024) (chmb)
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Filing 8
ELECTRONIC ORDER: Defendant Sean Radin removed this case to federal court invoking the Court's diversity jurisdiction under 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). Defendant alleges that "Plaintiff Ryan, LLC is a Delaware limited liability company with its principal place of business in Dallas, Texas. For purposes of diversity of citizenship, Plaintiff Ryan is a citizen of Texas." Doc. No. 1 at 1. Defendant then alleges that he "is an individual who resides in the State of Maryland." Id.As for Plaintiff's citizenship, Defendant conflates the citizenship of a limited liability company ("LLC") with that of a corporation. See 1332(c)(1) (defining citizenship of a corporation). It is well-established that the citizenship of an LLC for diversity purposes is determined by the citizenship of all of its members. Carden v. Arkoma Assocs., 494 U.S. 185, 196 (1990); accord SXSW, L.L.C. v. Fed. Ins. Co., 83 F.4th 405, 407 (5th Cir. 2023). Further, each member (including sub-members where applicable) must be identified along with their respective State citizenship. Settlement Funding, L.L.C. v. Rapid Settlements, Ltd., 851 F.3d 530, 536 (5th Cir. 2017). As for Defendant's own citizenship, "[c]itizenship and residence, as often declared by this court, are not synonymous terms." MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 313 (5th Cir. 2019) (quoting Robertson v. Cease, 97 U.S. 646, 648 (1878)). "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, 83 F.4th at 407 (citing Gilbert v. David, 235 U.S. 561, 568-69 (1915)); see Villamil v. Fayrustin, 2024 WL 1664791, at *3, -- F. Supp. 3d -- (W.D. Tex. 2024) ("Merely residing in a state doesn't necessarily make someone a citizen of that state; that person must also possess the intent to remain there indefinitely.") (citing MidCap, 929 F.3d at 313). 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)). As the party seeking the federal forum, Defendant bears the burden of establishing the Court's subject matter jurisdiction. St. Paul Reinsurance Co. v. Greenburg, 134 F.3d 1250, 1253 (5th Cir. 1998). Having failed to "distinctly and affirmatively" allege the parties' citizenship, Defendant did not carry his burden. Getty Oil, 841 F.2d at 1259. Defendant may amend his Notice of Removal in accordance with this Order no later than July 24, 2024. If Defendant fails to amend or fails to do so sufficiently, the Court will remand this case without further notice. 28 U.S.C. 1447(c) (federal court must remand case any time before final judgment if it appears subject matter jurisdiction is lacking); 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 7/17/2024) (chmb)
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Filing 7
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 7/17/2024) (chmb)
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Filing 6
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 7/17/2024) (chmb)
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| 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. (axm) |
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Filing 4
Order transferring case to the Dallas Division of the Northern District of Texas. (Ordered by Judge James Wesley Hendrix on 7/16/2024) (amg)
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| NEW CASE NUMBER 3:24-cv-1821 has been opened following the order of transfer entered in case number 1:24-cv-00108-H. Future filings should reflect only the new case number and be directed to the proper division (see LR 5.1(a)). Clerk to complete new case processing and mail notice of this entry to any party who did not receive it electronically. (rekc) |
| Filing 3 MOTION to Transfer Case out of District/Division filed by Sean Radin (Attachments: #1 Proposed Order) (Moore, Kimberly) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Sean Radin. (Clerk QC note: No affiliate entered in ECF). (Moore, Kimberly) |
| Filing 1 NOTICE OF REMOVAL filed by Sean Radin. (Filing fee $405; receipt number ATXNDC-14755739) 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 Cover Sheet, #2 Cover Sheet Supplement, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) D, #7 Exhibit(s) D-1, #8 Exhibit(s) D-2, #9 Exhibit(s) D-3, #10 Exhibit(s) D-4, #11 Exhibit(s) E) (Moore, Kimberly) |
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| Defendant: Sean Radin | |
| Represented By: | Laura E Calhoun |
| Represented By: | Kimberly S Moore |
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| Plaintiff: Ryan LLC | |
| Represented By: | Jennifer Smiley |
| Represented By: | Andrew T Turner |
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