Johnson v. Freeman et al
| Edward M Johnson |
| Dejuan LeBarron Freeman and Maco Transportation LLC |
| 3:2025cv03264 |
| November 26, 2025 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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Filing 23
ELECTRONIC ORDER:Before the Court is the parties' Joint Motion to Extend Mediation Deadline (Doc. No. 22). The parties state that they both "are represented by firms in which the attorneys previously handling this matter have departed, and the case has recently been reassigned to new counsel." Doc. No. 22 at 1. The parties further state that an extension "will allow the Parties to complete depositions and written discovery." Id. The Court has carefully considered the Motion and the reasons submitted. The Court does not find, without further explanation, good cause to extend the mediation deadline based on the parties' desire to complete depositions and written discovery. However, the Court does find good cause based on the recent change in attorneys handling this matter for both parties. Accordingly, the Court GRANTS the Motion.The parties shall complete mediation by June 30, 2026, and shall file their joint mediation report with the Court by July 7, 2026. The Court will NOT extend the mediation deadlines again absent a showing of good cause AND exigent circumstances.In light of the parties' statement regarding a change in counsel, the Court notes that neither party's counsel of record has filed a motion to withdraw. Pursuant to Local Civil Rule 83.12(a), an attorney wishing to withdraw must file a motion to withdraw.Finally, this Motion was not signed by Plaintiff's local counsel. Doc. No. 22 at 2. As set forth in the undersigned's Judge Specific Requirements, local counsel must sign ALL documents filed with this Court pursuant to Federal Rule of Civil Procedure 11. See Doc. No. 8 (standing order directing all counsel to review and comply with this Court's Judge Specific Requirements); see also L. Civ. R. 83.10(b). This requirement extends to all joint or agreed filings, and it is the responsibility of Plaintiff's counsel to ensure strict compliance with this specific requirement. But see Doc. No. 15 at 4 (parties' joint report for scheduling order contents not signed by Plaintiff's local counsel). Plaintiff's counsel Lindsey Mercer McKay and Mansoor Khan are counsel of record in another civil matter before this Court wherein the undersigned encountered the same issues. It is a waste of judicial resources and an inefficient use of the Court's time to send out orders such as this regarding Plaintiff's non-compliance with the Court's requirements, especially where the same attorneys have been previously warned by the undersigned about this same behavior. The Court's patience has run out. To be very clear, Plaintiff's local counsel SHALL sign every filing made on behalf of Plaintiff, otherwise the document will be UNFILED without further notice and regardless of any filing-related deadline. The Court will also enter an order directing Plaintiff and all of his counsel of record to EACH SHOW CAUSE why they should not be sanctioned for their failure to comply with this Court's orders. See Fed. R. Civ. P. 16(f) (providing that a court can on its own motion "issue any just orders, including those authorized by Rule 37(b)(2)(A)(ii)-(vii), if a party or its attorney, among other things, fails to obey a scheduling or other pretrial order"). (Ordered by Judge Ed Kinkeade on 5/4/2026) (chmb)
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| Filing 22 Joint MOTION to Extend Time mediation deadline filed by Dejuan LeBarron Freeman, Maco Transportation LLC (Attachments: #1 Proposed Order) (Sargent, David) |
| Filing 21 AMENDED COMPLAINT WITH JURY DEMAND against Maco Transportation LLC filed by Edward M Johnson. 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. (McKay, Lindsey) |
| Filing 20 Designation of Mediator by Maco Transportation LLC. (Sargent, David) |
| Filing 19 SECOND AMENDED CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Dejuan LeBarron Freeman. (Sargent, David) Modified event text on 1/15/2026 (kcr). |
| Filing 18 AMENDED NOTICE OF REMOVAL WITH JURY DEMAND by Dejuan LeBarron Freeman. (Sargent, David) Modified event text on 1/15/2026 (kcr). |
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Filing 17
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)). Defendant Dejuan L. Freeman removed this case to federal court on the basis of diversity of citizenship jurisdiction under 28 U.S.C. § 1332. Doc. No. 1 at 1. Accordingly, the parties' citizenship must be completely diverse in that no plaintiff can share the same state citizenship as any defendant. See Corfield v. Dallas Glen Hills LP, 355 F.3d 853, 857 (5th Cir. 2003). To establish diversity of citizenship jurisdiction, the citizenship of each party 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). The Court first points out that Defendant Freeman is correct to allege the citizenship of each member of Defendant Maco Transportation, LLC. See Carden v. Arkoma Assocs., 494 U.S. 185, 196 (1990) (a limited liability company's citizenship is determined by the citizenship of each of its members). However, Defendant Freeman alleges that "Stephen G.H. Coleman [Maco Transportation, LLC's only member] is a citizen of the State of Mississippi. Consequently, Maco Transportation, LLC... is currently a citizen of the State of Tennessee and no other state." Doc. No. 1 at 2 (emphasis added). While this may very well be a typographical error, Maco Transportation, LLC's state citizenship must be clear on the record. Accordingly, the Court ORDERS Defendant Freeman to file an amended notice of removal that corrects this inconsistency by January 15, 2026. (Ordered by Judge Ed Kinkeade on 1/8/2026) (chmb)
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Filing 16
SCHEDULING ORDER: Jury Trial set for 4/5/2027 09:00 AM before Judge Ed Kinkeade. Deadline for mediation is on or before 5/13/2026. Joint Report on mediation due by 5/20/2026. Joinder of Parties due by 4/1/2026. Amended Pleadings due by 4/1/2026. Discovery due by 10/7/2026. Motions due by 11/2/2026. Pretrial Order due by 3/15/2027. Pretrial Materials due by 3/15/2027. (Ordered by Judge Ed Kinkeade on 12/30/2025) (chmb)
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| Filing 15 Joint STATUS REPORT Regarding Contents of Scheduling Order filed by Maco Transportation LLC. (Sargent, David) |
| Filing 14 AMENDED CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Edward M Johnson. (Clerk QC note: No affiliate entered in ECF). (Khan, Mansoor) |
| Filing 13 AMENDED CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Maco Transportation LLC, Dejuan LeBarron Freeman. (Sargent, David) |
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Filing 12
ELECTRONIC ORDER: The Court is in receipt of Plaintiff Edward M. Johnson's Certificate of Interested Parties (Doc. No. 11), Defendant Maco Transportation, LLC's Disclosure Statement (Doc. No. 3), and Defendants Dejuan L. Freeman and Maco Transportation, LLC's Certificate of Interested Persons (Doc. No. 4). When the Court's subject matter jurisdiction is based on diversity of citizenship under 28 U.S.C. § 1332, Federal Rule of Civil Procedure 7.1(a)(2) 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) (emphasis added). Both Plaintiff and Defendants timely filed their certificates of interested persons, but both also failed to include the required citizenship disclosure. Accordingly, Plaintiff and Defendants shall file amended certificates of interested persons that include the required Rule 7.1(a)(2) disclosure by December 12, 2025. (Ordered by Judge Ed Kinkeade on 12/5/2025) (chmb)
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| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Dejuan LeBarron Freeman. (Clerk QC note: No affiliate entered in ECF). (Khan, Mansoor) |
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Filing 10
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 11/26/2025) (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 11/26/2025) (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 11/26/2025) (chmb)
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| Filing 7 DEMAND for Trial by Jury by Dejuan LeBarron Freeman, Maco Transportation LLC. (Sargent, David) |
| Filing 6 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Dejuan LeBarron Freeman, Maco Transportation LLC (Sargent, David) |
| Filing 5 NOTICE of Filing of Removal filed by Dejuan LeBarron Freeman (Sargent, David) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Dejuan LeBarron Freeman, Maco Transportation LLC. (Clerk QC note: No affiliate entered in ECF). (Sargent, David) |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Maco Transportation LLC. (Clerk QC note: No affiliate entered in ECF). (Sargent, David) |
| 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. (kcr) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Dejuan LeBarron Freeman. (Filing fee $405; receipt number ATXNDC-16016589) 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) Index of Matters Being Filed, #2 Exhibit(s) Maco Transportation, LLC's Consent to and Joinder in Removal, #3 Exhibit(s) Index of State Court File, #4 Cover Sheet, #5 Cover Sheet Supplement) (Sargent, David) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8, 9, 10. Wed Nov 26 15:22:51 CST 2025 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:2. Wed Nov 26 09:46:58 CST 2025 (crt) |
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