Alessi et al v. Synagro Technologies Inc et al
| Robin Alessi, Alton Morton Bryant, Karen Coleman, Tony Coleman, James Farmer, Patsy Schultz and Christopher Michael Bryant |
| Synagro Technologies Inc, Synagro of Texas-CDR Inc and Renda Environmental Inc |
| 3:2025cv00445 |
| February 21, 2025 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Real Property: Tort Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 18, 2025. A more recent docket listing may be available from PACER.
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Filing 42
ELECTRONIC ORDER granting #41 Application for Admission Pro Hac Vice of John Abbey. 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 4/18/2025) (chmb)
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| Filing 41 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15433745) filed by Renda Environmental Inc (Abbey, John) |
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Filing 40
ELECTRONIC ORDER:Before the Court is Defendants' Motion for Extension of Defendants' Response Deadline and to Set Briefing Schedule on Defendants' Motion to Dismiss (the "Motion") (Doc. No. 39). Plaintiffs are unopposed to the requested relief. Having carefully considered the Motion, the Court finds good cause for the extension of time. Accordingly, the Court GRANTS the Motion.Defendants shall answer or otherwise respond to Plaintiffs' Second Amended Complaint by April 25, 2025. If Defendants file a motion to dismiss, Plaintiffs shall file their response to said motion by May 23, 2025. (Ordered by Judge Ed Kinkeade on 4/16/2025) (chmb)
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| Filing 39 MOTION to Extend Time Defendants' Response Deadline and to Set Briefing Schedule on Defendants' Motion to Dismiss filed by Synagro Technologies Inc, Synagro of Texas-CDR Inc (Ellis, Christian) |
| Filing 38 Proposal for contents of scheduling and discovery order Jointly FIled by All Parties by Robin Alessi, Alton Morton Bryant, Christopher Michael Bryant, Karen Coleman, Tony Coleman, James Farmer, Patsy Schultz. (Whittle, Mary) |
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Filing 37
ELECTRONIC ORDER:In light of Plaintiffs' Second Amended Complaint--Clas Action (Doc. No. 36), the Court DENIES as MOOT Defendants' Motions to Dismiss (Doc. Nos. 25, 26 & 30). (Ordered by Judge Ed Kinkeade on 4/7/2025) (chmb)
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| Filing 36 AMENDED COMPLAINT WITH JURY DEMAND -CLASS ACTION against All Defendants filed by Karen Coleman, Robin Alessi, Alton Morton Bryant, Christopher Michael Bryant, Tony Coleman, James Farmer, Patsy Schultz. 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. (Whittle, Mary) |
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Filing 35
ELECTRONIC ORDER:Before the Court is Plaintiffs' Unopposed Motion to Extend Time to Respond to Defendants' Motion to Dismiss (the "Motion") (Doc. No. 34). Having carefully considered the Motion, the Court finds good cause for the extension of time. Accordingly, the Court GRANTS the Motion. Plaintiffs shall file their response(s) to the pending motions to dismiss by April 11, 2025.Plaintiffs are reminded that the undersigned requires local counsel to sign all documents filed with this Court pursuant to Rule 11 of the Federal Rules of Civil Procedure, and to also comply with Local Civil Rule 83.10(b). The Motion does not include local counsel's signature. Any filings after the entry of this Order that do not also include local counsel's signature will be immediately UNFILED regardless of any filing-related deadline. (Ordered by Judge Ed Kinkeade on 4/2/2025) (chmb)
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| Filing 34 MOTION for Extension of Time to File Response/Reply to #26 First MOTION to Dismiss , #30 MOTION to Dismiss filed by Robin Alessi, Alton Morton Bryant, Christopher Michael Bryant, Karen Coleman, Tony Coleman, James Farmer, Patsy Schultz with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Guerrero, Marco) |
| Filing 33 (Document Restricted) SEALED Attorney Contact Information (Sealed pursuant to SO 19-1, statute, or rule) filed by Robin Alessi, Alton Morton Bryant, Christopher Michael Bryant, Karen Coleman, Tony Coleman, James Farmer, Patsy Schultz (Schnieders, Christopher) |
| Filing 32 Proposed Order by Synagro Technologies Inc, Synagro of Texas-CDR Inc re: #30 MOTION to Dismiss. (Ellis, Christian) Modified text on 3/17/2025 (cfk). |
| Filing 31 Appendix in Support re: #30 MOTION to Dismiss filed by Synagro Technologies Inc, Synagro of Texas-CDR Inc (Ellis, Christian) Modified text/event on 3/17/2025 (cfk). |
| Filing 30 MOTION to Dismiss filed by Synagro Technologies Inc, Synagro of Texas-CDR Inc with Brief/Memorandum in Support. (Ellis, Christian) |
| Filing 29 NOTICE of Attorney Appearance by Kirk L Pittard on behalf of Robin Alessi, Alton Morton Bryant, Christopher Michael Bryant, Karen Coleman, Tony Coleman, James Farmer, Patsy Schultz. (Filer confirms contact info in ECF is current.) (Pittard, Kirk) |
| Filing 28 (Document Restricted) Attorney Contact Information (Sealed pursuant to SO 19-1, statute, or rule) filed by Robin Alessi, Alton Morton Bryant, Christopher Michael Bryant, Karen Coleman, Tony Coleman, James Farmer, Patsy Schultz (Guerrero, Marco) |
| Filing 27 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Robin Alessi, Alton Morton Bryant, Christopher Michael Bryant, Karen Coleman, Tony Coleman, James Farmer, Patsy Schultz. (Clerk QC note: No affiliate entered in ECF). (Guerrero, Marco) |
| Filing 26 First MOTION to Dismiss filed by Renda Environmental Inc (Parish, Matthew) |
| Filing 25 First MOTION to Dismiss filed by Renda Environmental Inc with Brief/Memorandum in Support. (Parish, Matthew) |
| Filing 24 (Document Restricted) Attorney Contact Information (Sealed pursuant to order dated 2/24/2025) filed by Synagro Technologies Inc, Synagro of Texas-CDR Inc (Ellis, Christian) |
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Filing 23
ELECTRONIC ORDER granting #22 Application for Admission Pro Hac Vice of Christopher L. Schnieders. 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 3/10/2025) (chmb)
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| Filing 22 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15326713) filed by Robin Alessi, Alton Morton Bryant, Christopher Michael Bryant, Karen Coleman, Tony Coleman, James Farmer, Patsy Schultz (Attachments: #1 Certificate of Good Standing)Attorney Christopher L. Schnieders added to party Robin Alessi(pty:pla), Attorney Christopher L. Schnieders added to party Alton Morton Bryant(pty:pla), Attorney Christopher L. Schnieders added to party Christopher Michael Bryant(pty:pla), Attorney Christopher L. Schnieders added to party Karen Coleman(pty:pla), Attorney Christopher L. Schnieders added to party Tony Coleman(pty:pla), Attorney Christopher L. Schnieders added to party James Farmer(pty:pla), Attorney Christopher L. Schnieders added to party Patsy Schultz(pty:pla) (Schnieders, Christopher) |
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Filing 21
ELECTRONIC ORDER granting #20 Application for Admission Pro Hac Vice of Paul J Napoli. 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 3/7/2025) (chmb)
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| Filing 20 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15323359) filed by Robin Alessi, Alton Morton Bryant, Christopher Michael Bryant, Karen Coleman, Tony Coleman, James Farmer, Patsy Schultz (Attachments: #1 Certificate of Good Standing)Attorney Paul J Napoli added to party Robin Alessi(pty:pla), Attorney Paul J Napoli added to party Alton Morton Bryant(pty:pla), Attorney Paul J Napoli added to party Christopher Michael Bryant(pty:pla), Attorney Paul J Napoli added to party Karen Coleman(pty:pla), Attorney Paul J Napoli added to party Tony Coleman(pty:pla), Attorney Paul J Napoli added to party James Farmer(pty:pla), Attorney Paul J Napoli added to party Patsy Schultz(pty:pla) (Napoli, Paul) |
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Filing 19
ELECTRONIC ORDER granting #17 Application for Admission Pro Hac Vice of James B. Slaughter. 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 3/7/2025) (chmb)
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Filing 18
ELECTRONIC ORDER granting #16 Application for Admission Pro Hac Vice of Collin Spencer Gannon. 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 3/7/2025) (chmb)
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| Filing 17 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney James B. Slaughter (Filing fee $100; Receipt number ATXNDC-15323109) filed by Synagro Technologies Inc, Synagro of Texas-CDR Inc (Ellis, Christian) |
| Filing 16 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Collin Spencer Gannon (Filing fee $100; Receipt number ATXNDC-15323088) filed by Synagro Technologies Inc, Synagro of Texas-CDR Inc (Ellis, Christian) |
| Filing 15 Appendix in Support filed by Synagro Technologies Inc, Synagro of Texas-CDR Inc re #14 Amended Document Notice of Removal (Ellis, Christian) |
| Filing 14 AMENDED NOTICE OF REMOVAL by Synagro of Texas-CDR Inc, Synagro Technologies Inc. (Ellis, Christian) Modified text on 3/5/2025 (knb). |
| Filing 13 (Document Restricted) Attorney Contact Information (Sealed pursuant to SO 19-1, statute, or rule) filed by Renda Environmental Inc (Ziegler, Gregory) |
| Filing 12 NOTICE of Attorney Appearance by Gregory N Ziegler on behalf of Renda Environmental Inc. (Filer confirms contact info in ECF is current.) (Ziegler, Gregory) |
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Filing 11
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 March 24, 2025, Defendant Renda Environmental, Inc., shall file the entry of appearance of local counsel who satisfies the requirements of Local Civil Rule 83.10(a). Further, upon said appearance, the undersigned requires local counsel to sign all documents filed with this Court pursuant to Rule 11 of the Federal Rules of Civil Procedure. The undersigned's Judge Specific Requirements can be found at https://www.txnd.uscourts.gov/judge/district-judge-ed-kinkeade. Failure of to comply this Order may result in sanctions being imposed. (Ordered by Judge Ed Kinkeade on 3/3/2025) (chmb)
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| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Renda Environmental Inc. (Clerk QC note: No affiliate entered in ECF). (Parish, Matthew) |
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Filing 9
ELECTRONIC ORDER:Before the Court is the parties' Joint Motion for Extension of Defendants' Response Deadline and to Set Briefing Schedule on Defendants' Motion to Dismiss (the "Joint Motion") (Doc. No. 7). The Court GRANTS the Motion ONLY as to extending Defendants' time in which to answer or otherwise respond to Plaintiffs' state court petition. The Court DENIES without prejudice the parties' request to set a briefing schedule on a motion to dismiss that has yet to be filed. Further, the Court declines the parties' request to set any schedule at this time when the Court's jurisdiction has not been clearly established. See Doc. No. 8 (Court's order identifying jurisdictional defect with Defendants' Notice of Removal, allowing Defendants an opportunity to cure by March 4, 2025). The parties may re-urge this request when, and if, a motion to dismiss is filed and Defendants have affirmatively demonstrated the Court's diversity jurisdiction.Defendants shall answer or otherwise respond by March 14, 2025. (Ordered by Judge Ed Kinkeade on 2/26/2025) (chmb)
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Filing 8
ELECTRONIC ORDER: Defendants Synagro Technologies, Inc., Synagro of TexasCDR, and Renda Environmental, Inc. removed this case asserting diversity jurisdiction pursuant to the Class Action Fairness Act of 2005 ("CFA"). Doc. No. 1 at 1; see also 28 U.S.C. 1332(d). 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)). As the parties seeking the federal forum, Defendants bear the burden of establishing subject matter jurisdiction. Garcia v. Koch Oil Co. of Tex., 351 F.3d 636, 638 (5th Cir. 2003); see Preston v. Tenet Healthsystem Mem'l Med. Ctr., Inc., 485 F.3d 793, 797 (5th Cir. 2007) (removing defendant bears the burden of showing CAFA jurisdiction). Defendants acknowledge that an individual is a citizen of the state in which they are domiciled but, citing the Fifth Circuit, assert that "the place of residence is prima facie the domicile." Doc. No. 1 at 3 (citing MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 313 (5th Cir. 2019)). What Defendants fail to acknowledge is that, in MidCap, the Fifth Circuit then emphasized that, "[n]evertheless, citizenship and residence, as often declared by this court, are not synonymous terms" and reaffirmed its consistent holding that "[a]n allegation of residency alone 'does not satisfy the requirement of an allegation of citizenship.'" MidCap Media, 929 F.3d at 313 (quoting Strain v. Harrelson Rubber Co., 742 F.2d 888, 889 (5th Cir. 1984)); see also Hollinger v. Home State Mut. Ins. Co., 654 F.3d 564, 571 (5th Cir. 2011) ("Evidence of a person's place of residence, however, is prima facie proof of his domicile.") (emphasis added). Consequently, Defendants' reliance on Plaintiffs' allegations of residency as establishing any Plaintiff's domicile is misplaced and insufficient for diversity purposes. See Doc. No. 1 at 3-4 (citing the state court petition allegations, "Named Plaintiffs all reside in Texas, and it is likely that at least one intends to remain.").Defendants may amend their Notice of Removal in accordance with this Order by March 4, 2025. See Preston, 485 F.3d at 797 (removing defendant bears the burden of proving minimal diversity).This Order in no way affects Plaintiffs' right to file a motion to remand or otherwise alters the time to do so. See, e.g., 28 U.S.C. 1447. Although Defendants must establish CAFA jurisdiction, Plaintiffs bear the burden of establishing an exception to CAFA jurisdiction applies. See Stewart v. Entergy Corp., 35 F.4th 930, 932 (5th Cir. 2022) ("The party seeking remand bears the burden of establishing, by a preponderance of the evidence, that the local controversy and home state citizenship requirements are met.") (citing Preston, 485 F.3d at 814. (Ordered by Judge Ed Kinkeade on 2/25/2025) (chmb)
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| Filing 7 MOTION to Extend Time for Defendants Response Deadline and to Set Briefing Schedule on Defendants Motion to Dismiss filed by Synagro Technologies Inc, Synagro of Texas-CDR Inc (Attachments: #1 Proposed Order) (Ellis, Christian) |
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Filing 6
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 2/24/2025) (chmb)
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Filing 5
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 2/24/2025) (chmb)
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Filing 4
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 March 14, 2025, Plaintiffs, shall file the entry of appearance of local counsel who satisfies the requirements of Local Civil Rule 83.10(a).Failure of to comply this Order may result in sanctions being imposed. (Ordered by Judge Ed Kinkeade on 2/24/2025) (chmb)
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| Filing 3 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Synagro Technologies, Inc, Synagro of Texas-CDR, Inc. (Clerk QC note: No affiliate entered in ECF). (Ellis, Christian) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Synagro of Texas-CDR, Inc, Synagro Technologies, Inc. (Filing fee $405; receipt number ATXNDC-15286161) 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 Index of Removal, #4 Exhibit(s) 1, #5 Exhibit(s) 2, #6 Exhibit(s) 3, #7 Exhibit(s) 4, #8 Exhibit(s) 5, #9 Exhibit(s) 6, #10 Exhibit(s) 7, #11 Exhibit(s) 8, #12 Exhibit(s) 9, #13 Exhibit(s) 10) (Ellis, Christian) (Attachment 1 replaced on 2/24/2025) (ndt). |
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