Johnson v. Amazon.com Services LLC
| Bobbie Johnson |
| Amazon.com Services LLC |
| 3:2025cv02567 |
| September 22, 2025 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on November 7, 2025. A more recent docket listing may be available from PACER.
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:18. Fri Nov 7 12:26:12 CST 2025 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Tue Nov 4 09:56:59 CST 2025 (crt) |
Filing 20
ELECTRONIC ORDER Staying and Administratively Closing Case.Before the Court is the parties' Agreed Motion to Stay Litigation (Doc. No. 19). The parties have agreed to arbitrate this matter before the American Arbitration Association (the "AAA"). Doc. No. 19 at 1. Accordingly, the Court GRANTS the Motion and hereby STAYS this matter. The parties shall initiate arbitration proceedings with the AAA. The parties shall file a joint status report every 180 days updating the Court on the status of the arbitration proceedings. There appears to be no further reason at this time to maintain the file as open for statistical purposes. The Clerk is, therefore, instructed to submit a JS-6 form to the Administrative Office, thereby removing this case from the statistical records. Nothing in this Order shall be considered a dismissal or disposition of this case. Should further proceedings become necessary or desirable, any party or the Court may initiate such further proceedings in the same manner as if this Order had not been entered. (Ordered by Judge Ed Kinkeade on 11/3/2025) (chmb)
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| Filing 19 Agreed MOTION to Stay Litigation filed by Amazon.com Services LLC (Attachments: #1 Proposed Order) (Sargent, David) |
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Filing 18
SCHEDULING ORDER: Bench Trial set for 4/5/2027 09:00 AM before Judge Ed Kinkeade. Deadline for mediation is on or before 3/20/2026. Joint Report on mediation due by 3/27/2026. Joinder of Parties due by 12/31/2025. Amended Pleadings due by 12/31/2025. Discovery due by 10/15/2026. Motions due by 11/16/2026. Pretrial Order due by 3/15/2027. Pretrial Materials due by 3/15/2027. (Ordered by Judge Ed Kinkeade on 11/3/2025) (chmb)
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| Filing 17 Joint STATUS REPORT filed by Amazon.com Services LLC. (Sargent, David) |
| Filing 16 NOTICE of Attorney Appearance by William Alexander Morrison on behalf of Bobbie Johnson. (Filer confirms contact info in ECF is current.) (Morrison, William) |
| Civil Case Administratively closed. (chmb) |
| Filing 15 NOTICE of Attorney Appearance by David L Sargent on behalf of Amazon.com Services LLC. (Filer confirms contact info in ECF is current.) (Sargent, David) |
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Filing 14
ELECTRONIC ORDER:Before the Court is Defendant's Unopposed Verified Motion for Leave of Court to Proceed Without Local Counsel (the "Motion") (Doc. No. 13). Having carefully considered the same, the Court DENIES the Motion. Defendant shall file the entry of appearance of local counsel who satisfies the requirements of Local Civil Rule 83.10(a) by October 3, 2025.Defendant is 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. Failure to include local counsel's signature will result in the document being UNFILED without further notice and regardless of any filing related deadline. (Ordered by Judge Ed Kinkeade on 9/24/2025) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Wed Sep 24 11:41:44 CDT 2025 (crt) |
| Filing 13 Unopposed MOTION for Leave to File Proceed Without Local Counsel filed by Amazon.com Services LLC (Attachments: #1 Proposed Order to Proceed Without Local Counsel) (McCollum, Warren) |
| Filing 12 AMENDED DOCUMENT by Amazon.com Services LLC. Amendment to #1 Notice of Removal,,,,,. . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I) (McCollum, Warren) |
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Filing 11
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)). Further, the party seeking diversity jurisdiction must "distinctly and affirmatively" allege the citizenship of each party to establish complete diversity. Seguin v. Remington Arms Co., L.L.C., 22 F.4th 492, 495 (5th Cir. 2022) (quoting Getty Oil Corp. v. Insurance Co. of N. Am., 841 F.2d 1254, 1259 (5th Cir. 1988)). Defendant Amazon.com Services, LLC ("Defendant") removed this case to federal court invoking diversity jurisdiction. Doc. No. 1 at 2. Although its own citizenship is properly alleged, Defendant fails to properly allege Plaintiff's citizenship in its Notice of Removal (the "Notice"). Defendant first alleges that Plaintiff "is a resident of Dallas County, Texas." Doc. No. 1 at 2. Defendant also alleges that "[t]he petition shows the Plaintiff is a citizen of Texas." Id. at 3. However, a review of Plaintiff's petition reveals only an allegation that she "is an individual residing in Dallas County, Texas." Doc. No. 1-4 at 2. The Fifth Circuit has consistently reaffirmed that "[a]n allegation of residency alone 'does not satisfy the requirement of an allegation of citizenship.'" SXSW, L.L.C. v. Fed. Ins. Co., 83 F.4th 405, 407 (5th Cir. 2023) (quoting Strain v. Harrelson Rubber Co., 742 F.2d 888, 889 (5th Cir. 1984)); accord MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 314 (5th Cir. 2019); Neely v. Bankers Tr. Co. of Tex., 757 F.2d 621, 634 n.18 (5th Cir. 1985); Stine v. Moore, 213 F.2d 446, 448 (5th Cir. 1954). The citizenship of a natural person "is determined by domicile, which requires residency plus an intent to make the place of residency one's permanent home." SXSW, L.L.C., 83 F.4th at 407 (internal citation omitted). Accordingly, an allegation of Plaintiff's residency does not equate to her citizenship for purposes of diversity jurisdiction. See Strain, 742 F.2d at 889 ("Citizenship and residence, as often declared by this court, are not synonymous terms.") (quoting Robertson v. Cease, 97 U.S. 646, 648, 24 L.Ed. 1057 (1878)). As the party seeking the federal forum, Defendant 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). Defendant fails to "distinctly and affirmatively" allege Plaintiff's citizenship and, thus, fails to establish complete diversity. See Seguin v. Remington Arms Co., L.L.C., 22 F.4th 492, 495 (5th Cir. 2022). Defendant may file an amended notice of removal to cure this jurisdictional deficiency in accordance with this Order by September 30, 2025. If Defendant fails to amend, or fails to do so sufficiently, the Court will remand this case without further notice. 28 U.S.C. § 1447(c) (in action removed from state court, federal court must remand case any time before final judgment if court determines it lacks subject matter jurisdiction); see Gasch v. Hartford Accident & Indem. Co., 491 F.3d 278, 281-82 (5th Cir. 2007) ("The removal statute is therefore to be strictly construed, and any doubt about the propriety of removal must be resolved in favor of remand."). (Ordered by Judge Ed Kinkeade on 9/23/2025) (chmb)
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Filing 10
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 9/23/2025) (chmb)
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Filing 9
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 9/23/2025) (chmb)
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Filing 8
ELECTRONIC STANDING ORDER: This Court requires all counsel of record to review and comply with the undersigned's Judge Specific Requirements as well as the Local Civil Rules for the Northern District of Texas upon making an appearance in a matter before this Court. These can be found at # Judge Specific Requirements and # Local Civil Rules . Further, counsel shall refer to this Court's Judge Specific Requirements and the Local Civil Rules prior to calling chambers with any questions. The Court calls specific attention to Local Civil Rule 7.2(f), which addresses the disclosure of the use of generative artificial intelligence, and Local Civil Rule 83.10, which address the requirement of local counsel. (Ordered by Judge Ed Kinkeade on 9/23/2025) (chmb)
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Filing 7
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 September 30, 2025, Defendant, 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 to comply this Order may result in sanctions being imposed. (Ordered by Judge Ed Kinkeade on 9/23/2025) (chmb)
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Filing 6
ORDER: This case was removed to this Court on September 22, 2025. Plaintiff's Counsel Mallory Moxham is not admitted to practice in the United States District Court for the Northern District of Texas. Therefore, within 21 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)).Failure to comply with this order may result in sanctions. (Ordered by Judge Ed Kinkeade on 9/23/2025) (chmb)
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| Filing 2 (Document Restricted) Sealed Notice of Cell Phone Number (Sealed pursuant to SO 19-1, statute, or rule) filed by Amazon.com Services, LLC (McCollum, Warren) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Tue Sep 23 13:42:44 CDT 2025 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6, 7, 8, 9, 10, 11. Tue Sep 23 15:07:10 CDT 2025 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4,5. Tue Sep 23 10:38:27 CDT 2025 (crt) |
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Filing 5
STANDING ORDER: This Court requires all counsel of record to review and comply with the undersigned's Judge Specific Requirements as well as the Local Civil Rules for the Northern District of Texas upon making an appearance in a matter before this Court. These can be found at # Judge Specific Requirements and # Local Civil Rules . Further, counsel shall refer to this Court's Judge Specific Requirements and the Local Civil Rules prior to calling chambers with any questions. The Court calls specific attention to Local Civil Rule 7.2(f), which addresses the disclosure of the use of generative artificial intelligence, and Local Civil Rule 83.10, which address the requirement of local counsel. (Ordered by Judge Ed Kinkeade on 9/22/2025) (ndt)
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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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Amazon.com Services LLC. (Clerk QC note: No affiliate entered in ECF). (for image please see doc #1 -9) (ndt) |
| Filing 1 NOTICE OF REMOVAL filed by Amazon.com Services, LLC. (Filing fee $405; receipt number ATXNDC-15858151) 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 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I) (McCollum, Warren) (Attachment 3 replaced on 9/23/2025) (ndt). |
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| Plaintiff: Bobbie Johnson | |
| Represented By: | William Alexander Morrison |
| Represented By: | Mallory Moxham |
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| Defendant: Amazon.com Services LLC | |
| Represented By: | David L Sargent |
| Represented By: | Warren T McCollum |
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