Harrison v. Kim International Manufacturing LP et al
| William C Harrison |
| Kim International Manufacturing LP |
| Kim International Manufacturing LP |
| William C Harrison |
| 3:2025cv00467 |
| February 25, 2025 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Assault, Libel & Slander |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 25, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 51 NOTICE of Attorney Appearance by Justin Sassaman on behalf of Kim International Manufacturing LP. (Filer confirms contact info in ECF is current.) (Sassaman, Justin) |
| Filing 50 ANSWER to #47 Amended Complaint,, filed by Kim International Manufacturing LP. 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., Amended COUNTERCLAIM Defendant Kim International Manufacturing, L.P.'s Answer to Plaintiff's First Amended Complaint and First Amended Counterclaims against William C Harrison filed by Kim International Manufacturing LP (Attachments: #1 Exhibit(s) A) (Hash, Paul) |
Filing 49
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 4/10/2025) (chmb)
|
|
Filing 48
ELECTRONIC ORDER: The Court is in receipt of Plaintiff's First Amended Complaint (Doc. No. 47). The Court is satisfied that subject matter jurisdiction existed at the time this case was originally filed on May 21, 2024, in U.S. District Court for the Northern District of Mississippi. Accordingly, the case shall proceed before this Court. (Ordered by Judge Ed Kinkeade on 4/10/2025) (chmb)
|
| Filing 47 AMENDED COMPLAINT WITH JURY DEMAND To Correct Jurisdictional Pleading against Kim International Manufacturing LP filed by William C Harrison. 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. (Farlow, Brian) |
|
Filing 46
ELECTRONIC ORDER:Before the Court is the Unopposed Motion to Withdraw as Counsel of Record (the "Motion") (Doc. No. 45) filed by Yvonne N. Maddalena, counsel for Defendant Kim International Manufacturing LP ("Kim"). Having carefully considered the same, the Court GRANTS the Motion and attorney Yvonne N. Maddalena is permitted to withdraw. The Clerk shall terminate Yvonne N. Maddalena as counsel of record for Defendant Kim. (Ordered by Judge Ed Kinkeade on 3/28/2025) (chmb)
|
| Filing 45 Unopposed MOTION to Withdraw as Attorney Yvonne Norris Maddalena filed by Kim International Manufacturing LP (Attachments: #1 Proposed Order) (Hash, Paul) |
|
Filing 44
ELECTRONIC ORDER: Before the Court is Plaintiff's Motion to Extend Time (the "Motion") (Doc. No. 43). Defendant Kim International Manufacturing LP is unopposed to the requested relief. Having carefully considered the Motion, the Court finds good cause for the requested extension. Accordingly, the Court GRANTS the Motion. Plaintiff shall file an amended complaint or shall file a response otherwise addressing the previously identified jurisdictional deficiencies by April 18, 2025. See Doc. No. 37. (Ordered by Judge Ed Kinkeade on 3/25/2025) (chmb)
|
| Filing 43 Unopposed MOTION to Extend Time deadline to plead citizenship of former party filed by William C Harrison (Farlow, Brian) |
| Filing 42 Designation of lead counsel Brian A Farlow for Plaintiff William C Harrison, Counter Defendant William C Harrison. (Farlow, Brian) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:44. Tue Mar 25 15:49:00 CDT 2025 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:41. and emailed to rsm@mclaughlinlawfirm.com Tue Mar 25 08:56:06 CDT 2025 (crt) |
|
Filing 41
ELECTRONIC ORDER: On its own motion, the Court hereby EXTENDS the deadline by which Plaintiff shall address the jurisdictional deficiencies identified by the Court in its previous order. Doc. No. 37. Plaintiff shall file his response or amended pleading by March 28, 2025. The Clerk is DIRECTED to mail this Order to R. Shane McLaughlin, counsel for Plaintiff, to the address provided and email a copy of this Order to rsm@mclaughlinlawfirm.com. (Ordered by Judge Ed Kinkeade on 3/24/2025) (chmb)
|
| Filing 40 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kim International Manufacturing LP. (Clerk QC note: Affiliate entry indicated). (Hash, Paul) |
| Filing 39 AMENDED DOCUMENT by Kim International Manufacturing LP. Kim International Manufacturing, L.P.'s Second Amended Answer to Plaintiffs Complaint and First Amended Counterclaims. (Attachments: #1 Exhibit(s) A) (Hash, Paul) |
| Filing 38 NOTICE of Attorney Appearance by Paul Ellis Hash on behalf of Kim International Manufacturing LP. (Filer confirms contact info in ECF is current.) (Hash, Paul) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of document #37, also emailed to rsm@mclaughlinlawfirm.com. Mon Mar 3 08:35:44 CST 2025 (crt) |
|
Filing 37
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)). A federal court has no power to adjudicate claims where subject matter jurisdiction does not exist and, consequently, must dismiss the action. Stockman v. Fed. Election Commn, 138 F.3d 144, 151 (5th Cir. 1998); see Fed. R. Civ. P. 12(h)(3) (court must dismiss action if it determines at any time that subject matter jurisdiction is lacking).Plaintiff William C. Harrison filed this case in federal district court for the Northern District of Mississippi on the basis of diversity jurisdiction, 28 U.S.C. 1332(a). Doc. No. 1 at 2. That court issued an order identifying jurisdictional deficiencies with both Plaintiff's Original Complaint and Defendant Kim International Manufacturing, L.P.'s Counterclaims (Doc. No. 21). Doc. No. 26. The court ordered both Plaintiff and Defendant Kim to show cause why the claims and the counterclaims should not be dismissed for lack of diversity jurisdiction. Doc. No. 26 at 3. Plaintiff filed a timely response (Doc. No. 27) and Defendant Kim also timely responded (Doc. No. 29) and filed amended counterclaims (Doc. No. 28). However, before the Mississippi federal court addressed subject matter jurisdiction any further, it transferred the case to this Court (Doc. No. 30) on Defendant Kim's motion to transfer venue (Doc. No. 4).The Court has reviewed the parties' show cause responses and Defendant Kim's amended counterclaims. The Court finds that neither party cured the jurisdictional deficiencies the transferor court identified.The Court turns first to Plaintiff. In his Response, Plaintiff avers that (1) he is "an adult resident citizen of the State of Mississippi", and (2) Defendant Kim is a limited partnership domiciled in Texas whose partners (Mike Kim, Aeran Kim, and Kilcha Kim) are all "adult resident citizen[s] of the State of Texas." Doc. No. 27 at 1. Thus, according to Plaintiff, there is complete diversity of the parties' citizenship. Id. Plaintiff wholly fails to address the citizenship of Defendant Jewelers Board of Trade ("JBT"). The Court recognizes that Defendant JBT was dismissed on September 19, 2024. Doc. No. 24. But this is of no moment with respect to the Court's jurisdictional inquiry. "For diversity jurisdiction, [the court] look[s] to citizenship at the time the complaint was filed." SXSW, L.L.C. v. Fed. Ins. Co., 83 F.4th 405, 408 (5th Cir. 2023). Plaintiff's Complaint alleges only that Defendant JBT "is a non-profit organization located in the state of Rhode Island." Doc. No. 1 at 1. Plaintiff does not identify what form of non-profit entity Defendant JBT is (e.g., corporation) and, therefore, has not distinctly and affirmatively alleged Defendant JBT's citizenship. See Getty Oil Corp., a Div. of Texaco v. Ins. Co. of N. Am., 841 F.2d 1254, 1259 (5th Cir. 1988). Accordingly, the Court's subject matter jurisdiction over this matter is still unclear.Turning now to Defendant Kim, the Court concludes that neither its Response (Doc. No. 29) nor its Amended Counterclaim (Doc. No. 28) establishes diversity jurisdiction. In alleging its own citizenship, Defendant Kim identifies as its only partner Kilcha Kim who "is a citizen of the United States." Doc. No. 28 at 11; Doc. No. 29 at 1. For diversity purposes, the Court is concerned with Kilcha Kim's STATE citizenship. 28 U.S.C. 1332(a)(1); see also SXSW, 83 F.4th at 407 ("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."). At this time, Defendant Kim has failed to affirmatively and distinctly allege its own citizenship thereby failing to establish the Court's subject matter jurisdiction over its counterclaims. See Getty Oil, 841 F.2d at 1259.Despite the show cause responses and amended counterclaims, the Court cannot determine on this record whether the parties' citizenship is completely diverse. Both Plaintiff and Defendant Kim bear the burden of establishing subject matter jurisdiction for their respective claims. See St. Paul Reinsurance Co. v. Greenburg, 134 F.3d 1250, 1253 (5th Cir. 1998). The Court will permit the parties ONE FINAL opportunity to cure these jurisdictional deficiencies. The parties may amend their respective pleadings to clearly establish this Court's diversity jurisdiction in accordance with this Order by March 7, 2025. The parties shall not file a response to this Order. A party's failure to amend or failure to do so sufficiently will result in DISMISSAL of that party's claims/counterclaims without further notice. Fed. R. Civ. P. 12(h); Stafford v. Mobil Oil Corp., 945 F.2d 803, 805 (5th Cir. 1991) ("Failure adequately to allege the basis for diversity jurisdiction mandates dismissal.").Further, 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). The parties to this action shall EACH file amended certificates of interested persons/disclosure statements that contain the State citizenship disclosure statements required by Rule 7.1(a)(2) within 3 days of amending their respective pleading. The Clerk is DIRECTED to mail this Order to R. Shane McLaughlin, counsel for Plaintiff, to the address provided and email a copy of this Order to rsm@mclaughlinlawfirm.com. (Ordered by Judge Ed Kinkeade on 2/28/2025) (chmb)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:33, 34, 35, 36. Document 33 also emailed to rsm@mclaughlinlawfirm.com. Thu Feb 27 09:38:04 CST 2025 (crt) |
|
Filing 36
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 2/26/2025) (chmb)
|
|
Filing 35
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 2/26/2025) (chmb)
|
|
Filing 34
ORDER: This case was transferred to this Court on February 25th, 2025. Defendant Kim International Manufacturing, L.P.'s counsel, Yvonne N. Maddalena is not admitted to practice in the United States District Court for the Northern District of Texas. Therefore, within 30 days from the date of this order, counsel for Defendant Kim International Manufacturing, L.P., must either become admitted to practice in this District (See LR 83.7), or move the Court to be admitted Pro Hac Vice (See LR 83.9(b)).Further, Local Counsel in this Court is required, and therefore within 30 days from the date of this order, counsel for Plaintiff must also designate local counsel pursuant to Local Civil Rule 83.10(a). 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 to comply with this order may result in sanctions. (Ordered by Judge Ed Kinkeade on 2/26/2025) (chmb)
|
|
Filing 33
ORDER: This case was transferred to this Court on February 25th, 2025. Plaintiff William C. Harrisons counsel, R. Shane McLaughlin is not admitted to practice in the United States District Court for the Northern District of Texas. Therefore, within 30 days from the date of this order, counsel for Plaintiff must either become admitted to practice in this District (See LR 83.7), or move the Court to be admitted Pro Hac Vice (See LR 83.9(b)).Further, Local Counsel in this Court is required, and therefore within 30 days from the date of this order, counsel for Plaintiff must also designate local counsel pursuant to Local Civil Rule 83.10(a). 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 to comply with this order may result in sanctions.The Clerk is DIRECTED to mail this Order to the address provided and email a copy of this Order to rsm@mclaughlinlawfirm.com. (Ordered by Judge Ed Kinkeade on 2/26/2025) (chmb)
|
| Filing 32 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 McKay). Clerk to provide copy to plaintiff if not received electronically. (agc) |
| Filing 31 Case electronically transferred in from District of Mississippi Northern; Case Number 1:24-cv-00095. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:32. Tue Feb 25 14:26:51 CST 2025 (crt) |
| Filing 30 Case Transferred to Northern District Texas, Dallas Division. Transferred electronically via CM/ECF. CASE CLOSED. (zdg) [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 29 RESPONSE TO #26 ORDER TO SHOW CAUSE. (Attachments: #1 Exhibit 1 - Declaration of Mike Kim) (Maddalena, Yvonne) Modified to link to response on 1/24/2025 (zdg). [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 28 Amended ANSWER to #1 Complaint and Amended Counterclaims by Kim International Manufacturing, L.P.. (Attachments: #1 Exhibit A - Sales Rep. Agreement) (Maddalena, Yvonne) [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 27 RESPONSE TO #26 ORDER TO SHOW CAUSE. (Attachments: #1 Exhibit A (Declaration of William Harrison)) (McLaughlin, Richard) Modified to link to response on 1/24/2025 (zdg). [Transferred from Mississippi Northern on 2/25/2025.] |
|
Filing 26
ORDER TO SHOW CAUSE. Show Cause Responses due by 1/24/2025. Signed by District Judge Debra M. Brown on 1/17/2025. (lld) [Transferred from Mississippi Northern on 2/25/2025.]
|
| Filing 25 NOTICE Cancelling Case Management Conference set for 10/9/2024 at 9:00 a.m. before U.S. Magistrate Judge David Sanders. Cancelled pending a ruling on #4 Motion to Transfer Venue. (jf) [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 24 STIPULATION of Dismissal Joint - As to Jewelers Board of Trade Only. (Graham, John) [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 23 ANSWER to #21 Answer to Complaint, Counterclaim by William C. Harrison. (McLaughlin, Richard) [Transferred from Mississippi Northern on 2/25/2025.] |
|
Filing 22
INITIAL ORDER - RULE 16.1: Telephonic Case Management Conference set for 10/9/2024 at 9:00 AM from Judge Sanders Chambers before Magistrate Judge David A. Sanders. Proposed Case Management Order and Confidential Settlement Memos due no later than 10/2/2024. Signed by Magistrate Judge David A. Sanders on 8/29/2024. (jf) [Transferred from Mississippi Northern on 2/25/2025.]
|
| Filing 21 Amended ANSWER to #1 Complaint and, COUNTERCLAIM against William C. Harrison by Kim International Manufacturing, L.P.. (Attachments: #1 Exhibit A - Sales Representative Agreement) (Maddalena, Yvonne) [Transferred from Mississippi Northern on 2/25/2025.] |
| CLERK'S NOTICE re #19 Memorandum in Support, : All related filings to motion must be linked back to the original motion instead of a responsive pleading. Court staff has made the correction. (jla) [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 20 ANSWER to #1 Complaint by Kim International Manufacturing, L.P.. (Maddalena, Yvonne) [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 19 MEMORANDUM IN SUPPORT re #18 Reply to Response to Motion - Rebuttal in Support of Motion to Transfer Venue re #4 MOTION to Transfer Venue filed by Kim International Manufacturing, L.P.. (Maddalena, Yvonne) Modified on 7/26/2024 to link to underlying motion (jla). [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 18 REPLY to Response to Motion re #4 MOTION to Transfer Venue - Rebuttal in Support of Motion to Transfer Venue filed by Kim International Manufacturing, L.P.. (Maddalena, Yvonne) [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 17 NOTICE by John Stephen Graham on behalf of Jewelers Board of Trade re #4 MOTION to Transfer Venue Consent to Motion to Transfer Venue (Graham, John) [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 16 ANSWER to #1 Complaint with Jury Demand and Affirmative Defenses by Jewelers Board of Trade. (Graham, John) [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 15 SUMMONS Returned Executed by Richard Shane McLaughlin on behalf of William C. Harrison Jewelers Board of Trade served on 5/30/2024. (McLaughlin, Richard) [Transferred from Mississippi Northern on 2/25/2025.] |
|
Filing 14
ORDER granting #13 Unopposed MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Transfer Venue. Replies due by 7/25/2024. Signed by District Judge Debra M. Brown on 7/18/2024. (lld) [Transferred from Mississippi Northern on 2/25/2025.]
|
| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Transfer Venue by Kim International Manufacturing, L.P.. (Maddalena, Yvonne) [Transferred from Mississippi Northern on 2/25/2025.] |
| CLERK'S NOTICE of Past Due Answer as to Kim International Manufacturing L.P. (jla) [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 12 MEMORANDUM IN SUPPORT re #11 Response in Opposition to #4 Motion filed by William C. Harrison. (McLaughlin, Richard) Modified on 7/12/2024 to link to motion (jwr). [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 11 RESPONSE in Opposition re #4 MOTION to Transfer Venue filed by William C. Harrison. (McLaughlin, Richard) [Transferred from Mississippi Northern on 2/25/2025.] |
|
Filing 10
TEXT ONLY ORDER granting #6 Motion for Extension of Time to Answer re #6 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint . Jewelers Board of Trade answer or other responsive pleading due 7/19/2024. No further order will issue. Signed by Magistrate Judge David A. Sanders on 7/10/24. No document attached. (def) [Transferred from Mississippi Northern on 2/25/2025.]
|
| Filing 9 DISCLOSURE STATEMENT filed by Kim International Manufacturing, L.P. . (Maddalena, Yvonne) [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 8 NOTICE of Attorney Appearance by Graham Ross Pulvere on behalf of Jewelers Board of Trade (Pulvere, Graham) [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 7 NOTICE of Attorney Appearance by John Stephen Graham on behalf of Jewelers Board of Trade (Graham, John) [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 6 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Jewelers Board of Trade. (Graham, John) [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 5 BRIEF re #4 MOTION to Transfer Venue . (Maddalena, Yvonne) [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 4 MOTION to Transfer Venue by Kim International Manufacturing, L.P.. (Attachments: #1 Exhibit A - Sales Representative Agreement) (Maddalena, Yvonne) [Transferred from Mississippi Northern on 2/25/2025.] |
| CLERK'S NOTICE of Incomplete Process Re: Jewelers Board of Trade. (lgm) [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 3 SUMMONS Returned Executed by Richard Shane McLaughlin on behalf of William C. Harrison Kim International Manufacturing, L.P. served on 6/7/2024. (McLaughlin, Richard) [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 2 Summons Issued as to Jewelers Board of Trade and Kim International Manufacturing, L.P. Counsel is instructed to download and print for service. (lgm) [Transferred from Mississippi Northern on 2/25/2025.] |
| Filing 1 COMPLAINT, Jury Demand, Filing fee $ 405, receipt number AMSNDC-2390637, filed by William C. Harrison. (Attachments: #1 Civil Cover Sheet) (lgm) [Transferred from Mississippi Northern on 2/25/2025.] |
| NOTICE OF ASSIGNMENT. Case assigned to Judge Brown and Magistrate Judge Sanders. (lgm) [Transferred from Mississippi Northern on 2/25/2025.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
