TNT Gaming Center LLC et al v. American Specialty Insurance & Risk Services Inc et al
| TNT Gaming Center LLC and TNT Family Entertainment Inc |
| Arch Specialty Insurance Company, St. Paul Fire and Marine Insurance Company, Michael Trumbull, Christian Auxier, Crawford & Company, Neal Anderson, Nancy Weis and American Specialty Insurance & Risk Services Inc |
| 3:2024cv01995 |
| August 5, 2024 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 11, 2025. A more recent docket listing may be available from PACER.
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Filing 28
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by TNT Gaming Center LLC. (Clerk QC note: No affiliate entered in ECF). (Johnson, Jennifer)
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Filing 27
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by TNT Family Entertainment Inc. (Clerk QC note: No affiliate entered in ECF). (Johnson, Jennifer)
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Filing 26
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Crawford & Company. (Clerk QC note: No affiliate entered in ECF). (McKellar, Emma)
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Filing 25
AMENDED DOCUMENT by Neal Anderson. Amendment to #19 Cert. Of Interested Persons/Disclosure Statement. . (McKellar, Emma)
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Filing 24
AMENDED DOCUMENT by Christian Auxier. Amendment to #18 Cert. Of Interested Persons/Disclosure Statement. . (McKellar, Emma)
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Filing 23
RESPONSE filed by Arch Specialty Insurance Company re: #10 MOTION to Remand (Cummings, Kristin)
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Filing 22
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Nancy Weis. (Clerk QC note: No affiliate entered in ECF). (Cummings, Kristin)
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Filing 21
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by St. Paul Fire and Marine Insurance Company, Michael Trumbull. (Clerk QC note: Affiliate entry indicated). (Puckett, Alissa)
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Filing 20
ELECTRONIC ORDER: Defendant Arch Specialty Insurance Company ("Arch") removed this case to federal court on the basis of diversity jurisdiction pursuant to 28 U.S.C. 1332(a). Doc. No. 1 at 3. Certificates of interested parties assist the Court in determining whether recusal is necessary. Furthermore, when the Court's subject matter jurisdiction is based on 1332(a), Rule 7.1(a)(2) 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) (emphasis added). Defendants Christian Auxier and Neal Anderson filed their respective Statement and Certificate of Interested Parties (Doc. Nos. 18 & 19) but neither filing includes the disclosure statement of that named Defendant's citizenship as required by Rule 7.1(a)(2). Accordingly, said named Defendants shall each file an amended certificate of interested parties by September 30, 2024.Further, the docket reflects that Defendants Nancy Weis, St. Paul Fire and Marine Insurance Company, Michael Trumbull, and Crawford & Company have not filed a separately signed certificate of interested parties as required by Local Civil Rule 81.1. Plaintiffs TnT Gaming Center LLC and TnT Family Entertainment, Inc. ("Plaintiffs") likewise have not filed a certificate of interested parties as required by Local Civil Rule 81.2. These parties shall file said document by September 30, 2024.Finally, Defendants Arch and American Specialty Insurance Risk Services, Inc. appear to be under the mistaken impression that because Arch removed this matter arguing improper joinder of Defendants Michael Trumbull, Christian Auxier, and Neal Anderson, "these named defendants are longer parties to this litigation." Doc. No. 14-28 at 1 n.1 see id. at 2-3. This is a completely inaccurate statement. Removal of this case is proper only if Defendants Michael Trumbull, Christian Auxier, and Neal Anderson were all improperly joined. See Hicks v. Martinrea Auto. Structures (USA), Inc., 12 F.4th 511, 514 (5th Cir. 2021). In their Motion to Remand, Plaintiffs specifically challenge removal of this case on the basis of improper joinder of these named Defendants. See generally Doc. No. 10. This remand motion is not yet ripe and, therefore, the Court has not determined whether removal of this matter was in fact proper. See Hicks, 12 F.4th at 515 (discussing Rule 12(b)(6)-type inquiry courts use in determining "whether there is 'no possibility of recovery by the plaintiff against an in-state defendant'" thereby demonstrating improper joinder) (quoting Smallwood v. Ill. Cent. R.R. Co., 385 F.3d 568, 573 (5th Cir. 2004) (en banc)). To be sure, as of the entry of this Order, Defendants Michael Trumbull, Christian Auxier, and Neal Anderson are still parties to this action. (Ordered by Judge Ed Kinkeade on 9/23/2024) (chmb)
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Filing 19
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Neal Anderson. (Clerk QC note: No affiliate entered in ECF). (McKellar, Emma)
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Filing 18
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Christian Auxier. (Clerk QC note: No affiliate entered in ECF). (McKellar, Emma)
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Filing 17
ANSWER to Complaint filed by Neal Anderson. 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. (Chambers, Bradley)
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Filing 16
ANSWER to Complaint filed by Christian Auxier. 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. (Chambers, Bradley)
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Filing 15
NOTICE of Attorney Appearance by Alexis Nicole Del Rio on behalf of Neal Anderson, Christian Auxier, Crawford & Company. (Filer confirms contact info in ECF is current.) (Del Rio, Alexis)
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Filing 14
AMENDED DOCUMENT by Arch Specialty Insurance Company. Amendment to #1 Notice of Removal. . (Attachments: #1 Cover Sheet, #2 Cover Sheet Supplement, #3 Exhibit(s) A - Index, #4 Exhibit(s) B - State Court Docket, #5 Exhibit(s) C-1 - State Petition, #6 Exhibit(s) C-2, #7 Exhibit(s) C-3, #8 Exhibit(s) C-4, #9 Exhibit(s) C-5, #10 Exhibit(s) C-6, #11 Exhibit(s) C-7, #12 Exhibit(s) C-8, #13 Exhibit(s) C-9, #14 Exhibit(s) C-10, #15 Exhibit(s) C-11, #16 Exhibit(s) C-12, #17 Exhibit(s) C-13, #18 Exhibit(s) C-14, #19 Exhibit(s) C-15, #20 Exhibit(s) C-16, #21 Exhibit(s) C-17, #22 Exhibit(s) C-18, #23 Exhibit(s) C-19, #24 Exhibit(s) C-20, #25 Exhibit(s) C-21, #26 Exhibit(s) C-22, #27 Exhibit(s) C-23, #28 Exhibit(s) D, #29 Exhibit(s) E-1, #30 Exhibit(s) E-2, #31 Exhibit(s) E-3, #32 Exhibit(s) F, #33 Exhibit(s) G, #34 Exhibit(s) H, #35 Exhibit(s) I, #36 Exhibit(s) J, #37 Exhibit(s) K) (Cummings, Kristin)
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Filing 13
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 9/5/2024) (chmb)
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Filing 12
ELECTRONIC ORDER: Local Civil Rule 83.10(a) requires the appearance of local counsel where the attorney of record for a party does not reside or maintain their principal office in this district. Defendants Crawford & Company, Neal Anderson, and Christian Auxier shall file the entry of appearance of local counsel satisfying the requirements of Local Civil Rule 83.10(a) by September 19, 2024. (Ordered by Judge Ed Kinkeade on 9/5/2024) (chmb)
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Filing 11
ELECTRONIC ORDER Jurisdictional Deficiency.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)). Defendant Arch Specialty Insurance Company ("Arch") removed this case to federal court on the basis of diversity jurisdiction, 28 U.S.C. 1332(a). Doc. No. 1 at 3. 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 Arch's citizenship allegations as to Teresa Walles and Tara Harris, as members of Plaintiff TnT Gaming Center LLC ("TnT Gaming"), and as to Defendant Neal Anderson are insufficient for diversity purposes. "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 MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 313 (5th Cir. 2019) ("Citizenship and residence, as often declared by this court, are not synonymous terms.") (quoting Robertson v. Cease, 97 U.S. 646, 648 (1878)). The allegation that Teresa Walles and Tara Harris "are natural persons who reside and/or are domiciled in the State of Texas" does not distinctly and affirmatively allege their citizenship for diversity purposes. Doc. No. 1 at 4 (emphasis added). Without their citizenship, the citizenship of Plaintiff TnT Gaming cannot be determined. See Carden v. Arkoma Assocs., 494 U.S. 185, 196 (1990). Likewise, the allegation that Defendant Anderson is "a resident of the State of Texas" does not distinctly and affirmatively allege his citizenship for diversity purposes. Id. at 6. Even though it asserts that Defendant Anderson has been improperly joined, Defendant Arch must nevertheless properly allege his citizenship.Defendant Arch, the party seeking the federal forum, bears the burden of establishing the Court's subject matter jurisdiction. See St. Paul Reinsurance Co. v. Greenburg, 134 F.3d 1250, 1253 (5th Cir. 1998). Because Defendant Arch failed to "distinctly and affirmatively" allege each party's citizenship, it is not certain that the Court has subject matter jurisdiction. See Getty Oil, 841 F.2d at 1259. Defendant Arch may amend its Notice of Removal in accordance with this Order by September 12, 2024. If Defendant Arch 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 9/5/2024) (chmb)
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Filing 10
MOTION to Remand filed by TNT Family Entertainment Inc, TNT Gaming Center LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Johnson, Jennifer)
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Filing 9
Court Request for Recusal: Judge Karen Gren Scholer recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Ed Kinkeade for all further proceedings. Future filings should indicate the case number as: 3:24-cv-1995-K. (frw)
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Filing 8
ELECTRONIC ORDER: IT IS ORDERED that #7 Plaintiffs' Unopposed Motion for Extension of Time, to and including November 1, 2024, is GRANTED. (Ordered by Judge Karen Gren Scholer on 8/23/2024) (chmb)
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Filing 7
Unopposed MOTION for Extension of Time to File Response/Reply to #3 MOTION for Partial Dismissal, #4 Opposed MOTION to Abate Pending Examinations Under Oath filed by TNT Family Entertainment Inc, TNT Gaming Center LLC (Attachments: #1 Proposed Order) (Johnson, Jennifer)
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Filing 6
Court Request for Recusal: Senior Judge A. Joe Fish recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Karen Gren Scholer for all further proceedings. Future filings should indicate the case number as: 3:24-cv-1995-S. (cea)
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Filing 5
Appendix in Support filed by Arch Specialty Insurance Company re #4 Opposed MOTION to Abate Pending Examinations Under Oath With Brief in Support (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) A-1, #3 Exhibit(s) A-2, #4 Exhibit(s) A-3, #5 Exhibit(s) A-4, #6 Exhibit(s) A-5, #7 Exhibit(s) A-6, #8 Exhibit(s) A-7, #9 Exhibit(s) A-8, #10 Exhibit(s) A-9, #11 Exhibit(s) B, #12 Exhibit(s) C) (Cummings, Kristin) Modified text on 8/14/2024 (knb).
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Filing 4
Opposed MOTION to Abate Pending Examinations Under Oath With Brief in Support filed by Arch Specialty Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Cummings, Kristin) Modified text on 8/14/2024 (knb).
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Filing 3
MOTION for Partial Dismissal filed by Nancy Weis with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) Attorney Kristin C Cummings added to party Nancy Weis (pty:dft) (Cummings, Kristin) Modified text on 8/14/2024 (knb).
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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. (cfk)
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Filing 1
NOTICE OF REMOVAL WITH JURY DEMAND filed by American Specialty Insurance & Risk Services, Inc., Arch Specialty Insurance Company. (Filing fee $405; receipt number ATXNDC-14816365) 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 - Index, #4 Exhibit(s) B - State Court Docket, #5 Exhibit(s) C-1 - State Petition, #6 Exhibit(s) C-2, #7 Exhibit(s) C-3, #8 Exhibit(s) C-4, #9 Exhibit(s) C-5, #10 Exhibit(s) C-6, #11 Exhibit(s) C-7, #12 Exhibit(s) C-8, #13 Exhibit(s) C-9, #14 Exhibit(s) C-10, #15 Exhibit(s) C-11, #16 Exhibit(s) C-12, #17 Exhibit(s) C-13, #18 Exhibit(s) C-14, #19 Exhibit(s) C-15, #20 Exhibit(s) C-16, #21 Exhibit(s) C-17, #22 Exhibit(s) C-18, #23 Exhibit(s) C-19, #24 Exhibit(s) C-20, #25 Exhibit(s) D - COIP, #26 Exhibit(s) E-1, #27 Exhibit(s) E-2, #28 Exhibit(s) E-3, #29 Exhibit(s) F) (Cummings, Kristin)
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