Porter et al v. Artsana USA Inc
| Anne Porter, R. M. and Ryan McMahon |
| Artsana USA Inc |
| 3:2024cv02071 |
| August 14, 2024 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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Filing 7
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). Defendant timely filed its Certificate of Interested Persons/Disclosure Statement (the "Certificate") (Doc. No. 2), but it does include the required statement disclosing Defendant's State citizenship. Defendant shall file an amended Certificate within 2 days of amending its Notice of Removal. See Doc. No. 6.Plaintiffs shall ensure that their certificate of interested persons/disclosure statement identifies the State citizenship (not residence) of EACH Plaintiff as required by Rule 7.1(a)(2). See L. Civ. R. 81.2. (Ordered by Judge Ed Kinkeade on 8/14/2024) (chmb)
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Filing 6
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)). Defendant removed this case to federal court on the basis of diversity jurisdiction, 28 U.S.C. 1332(a). See 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). Defendant alleges, "Upon information and belief from the Petition, the Plaintiffs are natural persons residing in Bexar County, Texas." Id. at 3. "Citizenship 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, 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)). Further, for diversity purposes, "the legal representative of an infant... shall be deemed to be a citizen only of the same State as the infant[.]" 28 U.S.C. 1332(c)(2). Defendant fails to meet its burden of "'distinctly and affirmatively'" alleging the citizenship of each Plaintiff. See Getty Oil Corp., a Div. of Texaco v. Ins. Co. of N. Am., 841 F.2d 1254, 1259 (5th Cir. 1988). On this removal record, the Court cannot determine that subject matter jurisdiction exists. 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). Defendant may amend its Notice of Removal to properly allege the citizenship of EACH Plaintiff by August 21, 2024. If Defendant 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 8/14/2024) (chmb)
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Filing 5
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 8/14/2024) (chmb)
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Filing 4
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 8/14/2024) (chmb)
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Filing 3
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. By September 4, 2024, Plaintiffs Anne Porter and Ryan McMahon shall file the entry of appearance of local counsel satisfying the requirements of Local Civil Rule 83.10(a). Failure to do so may result in sanctions being imposed for failure to comply with an order of the Court. (Ordered by Judge Ed Kinkeade on 8/14/2024) (chmb)
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| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Artsana USA, Inc.. (Clerk QC note: No affiliate entered in ECF). (Ayers, Jonathan) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Artsana USA, Inc.. (Filing fee $405; receipt number ATXNDC-14839573) 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) 1-Index of State Court Documents, #4 Exhibit(s) 2-State Court Docket Sheet, #5 Exhibit(s) 3-State Court Filings) (Ayers, Jonathan) |
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