Garland NW LLC v. Constitution Insurance Company Series X-13 et al
| Garland NW LLC doing business as Motel 6 |
| Lexington Insurance Company, Starr Surplus Lines Insurance Company, Rockingham Specialty Inc and Constitution Insurance Company LLC Series X-13 doing business as JKL Group Insurance Company |
| 3:2024cv03260 |
| December 28, 2024 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Contract: Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 20, 2025. A more recent docket listing may be available from PACER.
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| Filing 10 NOTICE of Attorney Appearance by Lance Lee Livingston on behalf of Garland NW LLC. (Filer confirms contact info in ECF is current.) (Livingston, Lance) |
| Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Garland NW LLC. (Clerk QC note: No affiliate entered in ECF). (Javed, Nohayia) |
Filing 8
ELECTRONIC ORDER: Before the Court is the Plaintiff's Amended Complaint. Doc. No. 7. Local Rule 3.1 (c) requires that Plaintiff to file a Certificate of Interested Persons with the filing of the complaint, which also must contain the Disclosure Statement required by Fed. R. Civ. P. 7.1(a)(1) (for non-governmental corporations) and 7.1(a)(2) (when the Courts jurisdiction is based on diversity). The Plaintiff shall file the required certificate and disclosures by January 13, 2025. (Ordered by Judge Ed Kinkeade on 1/7/2025) (chmb)
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| Filing 7 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Garland NW LLC. 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. (Javed, Nohayia) |
| Deadline set per 6 Order. Amended Pleadings due by 1/13/2025. (kaf) |
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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)). Plaintiff filed this case in federal court invoking the Court's diversity jurisdiction under 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, and the amount in controversy must exceed $75,000. 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). Plaintiff alleges that Defendant Constitution Insurance Company, LLC Series X-13 dba JKL Group Insurance ("Constitution") "is a Tennessee limited liability company with its principal place of business in Indianapolis, Indiana." Doc. No. at 1. Plaintiff appears to conflate the citizenship of a limited liability company ("LLC") with that of a corporation. See 28 U.S.C. 1332(c)(1). It is well-established that, for diversity purposes, the citizenship of an 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, these allegations must include the identity of each member through every layer and each member's citizenship. MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 316 (5th Cir. 2019). Plaintiff does not identify any members (and their citizenship) of Constitution and, therefore, has not alleged Constitution's citizenship.As the party seeking the federal forum, Plaintiff 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). Plaintiff may amend its Original Complaint in accordance with this Order by January 13, 2025. If Plaintiff fails to amend or fails to do so sufficiently, the Court will dismiss this case without further notice. Fed. R. Civ. P. 12(h).The Court notes that Plaintiff, which is also an LLC, identifies its "sole member is Anandkumar Pater." Doc. No. 1 at 1. Plaintiff then alleges that "Mr. Patel is a citizen of the State of Texas. " Id. (emphasis added). If Plaintiff amends its Complaint, Plaintiff shall clarify the name of its sole member. (Ordered by Judge Ed Kinkeade on 1/2/2025) (chmb)
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Filing 5
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 January 20, 2025, Plaintiff Garland NW LLC d/b/a Motel 6, 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 12/30/2024) (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 12/30/2024) (chmb)
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| Filing 3 Summons Issued as to Constitution Insurance Company Series X-13, Lexington Insurance Company, Rockingham Specialty Inc, Starr Surplus Lines Insurance Company. (ykp) |
| 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. (ykp) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Garland NW LLC. (Filing fee $405; Receipt number ATXNDC-15153385) Clerk to issue summons(es). 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) (Javed, Nohayia) (Attachment 1 replaced with flattened document on 12/30/2024) (ykp). |
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