Heritage Vintage Sports Auctions Inc v. Atlanta National League Baseball Club LLC
| Heritage Vintage Sports Auctions Inc |
| Atlanta National League Baseball Club LLC |
| 3:2024cv02141 |
| August 21, 2024 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Assault, Libel & Slander |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on October 9, 2024. A more recent docket listing may be available from PACER.
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Filing 28
ELECTRONIC ORDER: The Court is in receipt of Defendant's Motion to Dismiss (Doc. No. 25). As set forth in the undersigned's Judge Specific Requirements, local counsel must sign all documents filed with this Court pursuant to Rule 11 of the Federal Rules of Civil Procedure, and also must comply with Local Civil Rule 83.10(b). This Court's Judge Specific Requirements can be found on the website for the United States District Court for the Northern District of Texas. Defendant's Motion to Dismiss is not signed by local counsel. Any filings after the entry of this Order that do not also include local counsel's signature will be immediately unfiled regardless of any related deadline. (Ordered by Judge Ed Kinkeade on 10/9/2024) (chmb)
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Filing 27
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 10/9/2024) (chmb)
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| Filing 26 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Atlanta National League Baseball Club LLC. (Clerk QC note: Affiliate entry indicated). (Gresham, Jarvarus) |
| Filing 25 MOTION to Dismiss for Lack of Jurisdiction (Personal) filed by Atlanta National League Baseball Club LLC with Brief/Memorandum in Support. (Gresham, Jarvarus) |
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Filing 24
ELECTRONIC ORDER granting #23 Application for Admission Pro Hac Vice of Laura Tiemstra. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 10/8/2024) (chmb)
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| Filing 23 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14976913) filed by Heritage Vintage Sports Auctions Inc (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order)Attorney Laura Tiemstra added to party Heritage Vintage Sports Auctions Inc(pty:pla) (Tiemstra, Laura) (Main Document 23 replaced to flatten PDF on 10/9/2024) (agc). |
| Filing 22 NOTICE of Attorney Appearance by Tamara D Baggett on behalf of Atlanta National League Baseball Club LLC. (Filer confirms contact info in ECF is current.) (Baggett, Tamara) |
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Filing 21
ELECTRONIC ORDER granting #20 Application for Admission Pro Hac Vice of Genesis A. Moore. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). Defendant shall have local counsel Tamara Baggett file an appearance in this case. (Ordered by Judge Ed Kinkeade on 10/8/2024) (chmb)
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| Filing 20 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14975118) filed by Atlanta National League Baseball Club LLC (Attachments: #1 Additional Page(s) Certificate of Good Standing for Genesis A. Moore, #2 Proposed Order on Pro Hac Vice Application)Attorney Genesis A. Moore added to party Atlanta National League Baseball Club LLC(pty:dft) (Moore, Genesis) |
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Filing 19
ELECTRONIC ORDER granting #17 Application for Admission Pro Hac Vice of Ronald Barrett Gaither, Jr. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 10/8/2024) (chmb)
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Filing 18
ELECTRONIC ORDER granting #16 Application for Admission Pro Hac Vice of Jarvarus A. Gresham. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 10/8/2024) (chmb)
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| Filing 17 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14973752) filed by Atlanta National League Baseball Club LLC (Attachments: #1 Additional Page(s) Certificate of Good Standing for Ronald B. Gaither, Jr., #2 Proposed Order on Pro Hac Vice Application)Attorney Ronald Barrett Gaither, Jr added to party Atlanta National League Baseball Club LLC(pty:dft) (Gaither, Ronald) |
| Filing 16 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14973607) filed by Atlanta National League Baseball Club LLC (Attachments: #1 Additional Page(s) Certificate of Good Standing for Jarvarus A. Gresham, #2 Proposed Order on Pro Hac Vice Application)Attorney Jarvarus Gresham added to party Atlanta National League Baseball Club LLC(pty:dft) (Gresham, Jarvarus) |
| Filing 15 SUMMONS Returned Executed as to Atlanta National League Baseball Club LLC; served on 9/17/2024. (Shaw, Thomas) |
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Filing 14
ELECTRONIC ORDER granting #13 Application for Admission Pro Hac Vice of Armen R Vartian. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 9/5/2024) (chmb)
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| Filing 13 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14888059) filed by Heritage Vintage Sports Auctions Inc (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order)Attorney Armen R Vartian added to party Heritage Vintage Sports Auctions Inc(pty:pla) (Vartian, Armen) (Main Document 13 replaced to flatten on 9/4/2024) (knb). |
| Filing 12 Summons Issued as to Atlanta National League Baseball Club LLC. (knb) |
| Filing 11 Request for Clerk to issue Summons filed by Heritage Vintage Sports Auctions Inc. (Shaw, Thomas) |
| Filing 10 SECOND AMENDED CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Heritage Vintage Sports Auctions Inc. (Clerk QC note: No affiliate entered in ECF). (Shaw, Thomas) Modified text on 8/26/2024 (knb). |
| Filing 9 SECOND AMENDED COMPLAINT against Atlanta National League Baseball Club LLC filed by Heritage Vintage Sports Auctions Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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. (Shaw, Thomas) Modified text on 8/26/2024 (knb). |
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Filing 8
ELECTRONIC ORDER: Plaintiff filed its First Amended Complaint (Doc. No. 6) in response to the Court's order (Doc. No. 4) that identified jurisdictional deficiencies with the initial Complaint. In attempting to allege complete diversity of the parties' citizenship, Plaintiff alleges that the "Braves, LLC is wholly owned by Atlanta Braves Holdings, Inc., a Nevada corporation with principal offices in Englewood, Colorado." Doc. No. 6 at 1. This allegation does not, however, establish the citizenship of the Braves LLC. The Fifth Circuit recently emphasized that "there is a potentially important difference between LLC membership and LLC ownership." SXSW, L.L.C. v. Fed. Ins. Co., 83 F.4th 405, 408 (5th Cir. 2023). Because "[s]everal states permit LLC membership without ownership", Plaintiff must clarify whether the Braves LLC was formed in a state "that equates membership and ownership." Id. For these reasons, Plaintiff has not yet satisfied its burden to "distinctly and affirmatively" allege the citizenship of the Braves LLC. Id. Plaintiff may amend its First Amended Complaint in accordance with this Order by August 29, 2024. If Plaintiff fails to amend or fails to do so sufficiently, the Court will dismiss this case without further notice. See Stockman v. Fed. Election Comm'n, 138 F.3d 144, 151 (5th Cir. 1998); FED. R. CIV. P. 12(h)(3). (Ordered by Judge Ed Kinkeade on 8/22/2024) (chmb)
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| Filing 7 AMENDED CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Heritage Vintage Sports Auctions Inc. (Clerk QC note: No affiliate entered in ECF). (Shaw, Thomas) Modified text on 8/26/2024 (knb). |
| Filing 6 AMENDED COMPLAINT against Atlanta National League Baseball Club LLC filed by Heritage Vintage Sports Auctions Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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. (Shaw, Thomas) |
| 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. (kcr) |
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Filing 4
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)). Plaintiff Heritage Vintage Sports Auctions, Inc. filed this case in federal court on the basis of diversity jurisdiction under 28 U.S.C. 1332(a). Doc. No. 1 at 2. A federal court cannot exercise subject matter jurisdiction in a matter where any plaintiff shares the same citizenship as any defendant. Corfield v. Dallas Glen Hills LP, 355 F.3d 853, 857 (5th Cir. 2003). Plaintiff's Complaint does not properly allege the citizenship of Defendant Atlanta National League Baseball Club, LLC (the "Braves LLC"). Doc. No. 1 at 1 (alleging only the principal place of business for the Braves LLC). For diversity purposes, 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); accord SXSW, L.L.C. v. Fed. Ins. Co., 83 F.4th 405, 407 (5th Cir. 2023). Further, those citizenship allegations must include the identity of each member (through every layer, if relevant) and each member's citizenship. Settlement Funding, L.L.C. v. Rapid Settlements, Ltd., 851 F.3d 530, 536 (5th Cir. 2017). Plaintiff does not allege the identity and citizenship of every member of the Braves LLC. Absent those allegations, Plaintiff fails to "distinctly and affirmatively" allege the citizenship of the Braves LLC. Getty Oil Corp., a Div. of Texaco v. Ins. Co. of N. Am., 841 F.2d 1254, 1259 (5th Cir. 1988) ("When jurisdiction depends on citizenship, citizenship must be 'distinctly and affirmatively alleged.'"). The Court cannot yet determine whether the parties' citizenship is completely diverse. As the party seeking the federal forum, Plaintiff bears the burden of establishing subject matter jurisdiction. See St. Paul Reinsurance Co. v. Greenburg, 134 F.3d 1250, 1253 (5th Cir. 1998). Plaintiff may amend its Complaint in accordance with this Order by August 28, 2024. If Plaintiff fails to amend or fails to do so sufficiently, the Court may dismiss this case without further notice. See Stockman v. Fed. Election Commn, 138 F.3d 144, 151 (5th Cir. 1998); FED. R. CIV. P. 12(h)(3).Also, in cases before the Court on diversity jurisdiction under 28 U.S. C. 1332(a), Rule 7.1(a)(2) of the Federal Rules of Civil Procedure requires 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). Plaintiff timely filed its Certificate of Interested Persons but it does not include the required citizenship disclosure statement. Plaintiff shall file an amended certificate of interested persons with the required disclosure by August 30, 2024. (Ordered by Judge Ed Kinkeade on 8/21/2024) (chmb)
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| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Heritage Vintage Sports Auctions Inc. (Clerk QC note: No affiliate entered in ECF). (Shaw, Thomas) |
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Filing 2
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 8/21/2024) (chmb)
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| Filing 1 COMPLAINT against All Defendants filed by Heritage Vintage Sports Auctions Inc. (Filing fee $405; Receipt number ATXNDC-14858175) Summons(es) not requested at this time. 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, instructions, and exemption information may be 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) (Shaw, Thomas) (Attachment 1 flattened on 8/22/2024) (kcr). |
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| Plaintiff: Heritage Vintage Sports Auctions Inc | |
| Represented By: | Laura Tiemstra |
| Represented By: | J Taylor Shaw |
| Represented By: | Armen R Vartian |
| Represented By: | Thomas E Shaw |
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| Defendant: Atlanta National League Baseball Club LLC | |
| Represented By: | Tamara D Baggett |
| Represented By: | Jarvarus Gresham |
| Represented By: | Genesis A. Moore |
| Represented By: | Ronald Barrett Gaither, Jr |
| Represented By: | Ronald Barrett Gaither, Jr |
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