Tungate v. Charter Communications Inc et al
| Steven Tungate |
| Charter Communications Inc, Time Warner Cable Information Services (Texas) LLC doing business as Spectrum and Spectrum Gulf Coast LLC |
| 3:2024cv03154 |
| December 16, 2024 |
| U.S. District Court for the Northern District of Texas |
| Brantley Starr |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. ยง 1332 Diversity-Tort/Non-Motor Vehicle |
| Defendant |
Docket Report
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This docket was last retrieved on February 4, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 AMENDED COMPLAINT WITH JURY DEMAND against Charter Communications Inc, Time Warner Cable Information Services (Texas) LLC, Spectrum Gulf Coast LLC filed by Steven Tungate. 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. (ykp) |
Filing 9
ELECTRONIC ORDER granting Plaintiff's #8 Unopposed Motion for Leave to File Amended Complaint. Clerk to enter the document as of the date of this order. (Ordered by Judge Brantley Starr on 2/4/2025) (chmb)
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| Filing 8 Unopposed MOTION for Leave to File Amended Complaint filed by Steven Tungate. (Leibowitz, Andrew) |
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Filing 7
Order for Scheduling Order Proposal: Lead counsel for each party (or a designee attorney with appropriate authority) shall personally meet at a mutually agreeable location at least 14 days before the date specified in Section VII of this order. Proposed Scheduling Order due on or before 2/24/2025. (Ordered by Judge Brantley Starr on 1/17/2025) (ykp)
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| Filing 6 AMENDED NOTICE OF REMOVAL by Charter Communications Inc, Time Warner Cable Information Services (Texas) LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Sinor, Julia) Modified event text on 1/10/2025 (kcr). |
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Filing 5
ELECTRONIC ORDER: The Court commends Defendants on their meticulous pleading of Time Warner Cable Information Services (Texas) LLC's citizenship. As to the citizenship of Plaintiff Steven Tungate, however, the Fifth Circuit requires more than an allegation of residency. J.A. Masters Invs. v. Beltramini, 117 F.4th 321, 322 (5th Cir. 2024) (per curiam) (remanding case for jurisdictional finding because parties pled residence instead of citizenship). Citizenship requires allegations of both residence and, though it may be on information and belief, intent to remain. Preston v. Tenet Healthsystem Mem'l Med. Ctr., Inc., 485 F.3d 793, 79798 (5th Cir. 2007). The Court ORDERS Defendants to replead jurisdiction within 10 days of this Order. (Ordered by Judge Brantley Starr on 12/30/2024) (chmb)
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| Filing 4 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. (ndt) |
| Filing 3 DEMAND for Trial by Jury by Charter Communications Inc, Time Warner Cable Information Services (Texas) LLC. (Sinor, Julia) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Charter Communications Inc, Time Warner Cable Information Services (Texas) LLC. (Clerk QC note: No affiliate entered in ECF). (Sinor, Julia) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Time Warner Cable Information Services (Texas) LLC, Charter Communications Inc. (Filing fee $405; receipt number ATXNDC-15131224) 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) Index of Documents) (Sinor, Julia) |
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