Lewis v. Eyemart Express LLC
| Lisa Lewis |
| Eyemart Express LLC |
| 3:2026cv01402 |
| April 30, 2026 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 26, 2026. A more recent docket listing may be available from PACER.
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Filing 18
ELECTRONIC ORDER: Before the Court is Defendant Eyemart Express, LLC's Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Complaint(s) (the "Motion") (Doc. No. 17). Having carefully considered the same, the Court finds good cause to stay Defendant's responsive pleading deadline pending the Court's determination of Plaintiffs' Unopposed Motion to Consolidate Related Class Actions, Appoint Interim Class Counsel, and Set Scheduling Deadlines and Incorporated Memorandum of Law in Support (the "Motion to Consolidate") (Bond v. Eyemart Express, LLC, Civ. Action No. 3:26-CV-1378-K, at Doc. No. 18). See Fed. R. Civ. P. 6(b)(1)(A). Accordingly, the Court GRANTS the Motion and STAYS Defendant's time to answer or otherwise respond to Plaintiff Lisa Lewis' First Amended Class Action Complaint (Doc. No. 14) pending the Court's determination of the Motion to Consolidate. (Ordered by Judge Ed Kinkeade on 6/26/2026) (chmb)
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| Filing 17 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Complaint(s) filed by Eyemart Express LLC (Attachments: #1 Proposed Order) (Fagelman, Jason) |
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Filing 16
ELECTRONIC ORDER: Before the Court is Defendant Eyemart Express, LLC's ("Eyemart") Amended Agreed Motion for Extension of Time to Answer or Otherwise Respond to Complaint (the "Agreed Motion") (Doc. No. 15). Having carefully considered the same, the Court finds good cause for the requested extension of the responsive pleading deadline. See Fed. R. Civ. P. 6(b)(1)(A). Accordingly, the Court GRANTS the Agreed Motion. Eyemart shall answer or otherwise respond to Plaintiff Lisa Lewis' First Amended Class Action Complaint (Doc. No. 14) by June 26, 2026. In light of Plaintiff Lisa Lewis' First Amended Class Action Complaint, Defendant Eyemart's original Agreed Motion for Extension of Time to Answer or Otherwise Respond to Complaint (Doc. No. 11) is MOOT. (Ordered by Judge Ed Kinkeade on 6/3/2026) (chmb)
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| Filing 15 Agreed Motion for Extension of Time to File Answer or Otherwise Respond to Complaint filed by Eyemart Express LLC (Attachments: #1 Proposed Order) (Fagelman, Jason) |
| Filing 14 AMENDED COMPLAINT WITH JURY DEMAND against Eyemart Express LLC filed by Lisa Lewis. 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. (Steckler, Bruce) |
| Filing 13 NOTICE of Attorney Appearance by Jason K Fagelman on behalf of Eyemart Express LLC. (Filer confirms contact info in ECF is current.) (Fagelman, Jason) |
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Filing 12
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 Lisa Lewis ("Plaintiff") filed this case in federal court on the basis of diversity jurisdiction under the Class Action Fairness Act ("CAFA"), 28 U.S.C. 1332(d). See Doc. No. 1 at 4. (All record citations reflect the CM/ECF page number.) "CAFA gives federal courts jurisdiction over certain class actions, defined in 1332(d)(1), if the class has more than 100 members, the parties are minimally diverse, and the amount in controversy exceeds $5 million." Dart Cherokee Basin Operating Co., LLC v. Owens, 574 U.S. 81, 85 (2014) (citing 1332(d)(2), (5)(B)). The Court cannot ensure that the parties are minimally diverse because Plaintiff does not properly allege Defendant's citizenship. For purposes of CAFA, an unincorporated association is "a citizen of the State where it has its principal place of business and the State under whose laws it is organized." 1332(d)(10). Plaintiff alleges only that Defendant has its principal office in Farmers Branch, Texas. See, e.g., Doc. No. 1 at 4, 5.As the party seeking the federal forum, Plaintiff bears the burden of establishing subject matter jurisdiction. See Garcia v. Koch Oil Co. of Tex., 351 F.3d 636, 638 (5th Cir. 2003). Plaintiff SHALL file an amended complaint that properly alleges Defendant's citizenship by May 28, 2026. (Ordered by Judge Ed Kinkeade on 5/21/2026) (chmb)
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| Filing 11 Agreed Motion for Extension of Time to File Answer filed by Eyemart Express LLC (Attachments: #1 Proposed Order)Attorney Marc B Collier added to party Eyemart Express LLC(pty:dft) (Collier, Marc) |
| Filing 10 SUMMONS Returned Executed as to Eyemart Express LLC ; served on 5/14/2026. (Steckler, Bruce) |
| Filing 9 Summons Issued as to Eyemart Express LLC. (ykp) |
| Filing 8 Request for Clerk to issue Summons to Defendant Eyemart Express LLC filed by Lisa Lewis. (Steckler, Bruce) |
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Filing 7
ELECTRONIC ORDER granting #6 Application for Admission Pro Hac Vice of John J. Nelson. 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 5/6/2026) (chmb)
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| Filing 6 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16419892) filed by Lisa Lewis (Attachments: #1 Additional Page(s) John J. Nelson Certificate of Good Standing, #2 Exhibit(s) Exhibit A - John J. Nelson Admissions, #3 Proposed Order Order Granting John J. Nelson Application to Appear Pro Hac Vice)Attorney John J Nelson added to party Lisa Lewis(pty:pla) (Nelson, John) |
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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 5/1/2026) (chmb)
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Filing 4
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 5/1/2026) (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. (kxm) |
| Case Reassigned to Judge Ed Kinkeade. Senior Judge Sidney A Fitzwater no longer assigned to the case per Special Order 3. (kxm) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lisa Lewis. (Clerk QC note: No affiliate entered in ECF). (Steckler, Bruce) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Eyemart Express LLC filed by Lisa Lewis. (Filing fee $405; Receipt number ATXNDC-16405996) 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) (Steckler, Bruce) |
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| Plaintiff: Lisa Lewis | |
| Represented By: | John J Nelson |
| Represented By: | Bruce William Steckler |
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| Defendant: Eyemart Express LLC | |
| Represented By: | Marc B Collier |
| Represented By: | Jason K Fagelman |
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