American Mining Warehouse LLC v. Roc Digital Mining I LLC
| American Mining Warehouse LLC |
| Roc Digital Mining I LLC |
| 4:2022cv04309 |
| December 13, 2022 |
| U.S. District Court for the Southern District of Texas |
| Sim Lake |
| Contract: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on February 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 Additional EXHIBITS re: #11 Notice (Other) by Roc Digital Mining I LLC, filed. (Attachments: #1 Exhibit)(Appling, D.) |
| Filing 11 NOTICE First Amended Notice of Removal by Roc Digital Mining I LLC, filed. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Appling, D.) |
Filing 10
DOCKET CONTROL ORDER: Amended Pleadings due by 5/5/2023. Joinder of Parties due by 5/5/2023. Pltf Expert Witness List/Reports due by 7/28/2023. Deft Expert Witness List/Reports due by 9/1/2023. Discovery due by 11/30/2023. Pretrial Motions/Motions in Limine due by 12/8/2023. Joint Pretrial Order due by 1/5/2024...*** Docket Call set for 1/12/2024 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
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| Filing 9 CLERKS NOTICE OF CANCELLATION - Initial Conference set for 2/3/2023 at 02:00 PM before Judge Sim Lake is CANCELED. Parties notified, filed. (sanderson, 4) |
| Filing 8 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Roc Digital Mining I LLC, filed.(Appling, D.) |
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Filing 7
ORDER - Defendant's December 13, 2022, Notice of Removal states that Plaintiff, AMW, and Defendant, ROC, are both limited liability companies, but does not contain any mention of Plaintiff's or Defendant's members or their respective states of citizenship. Under Harvey these allegations are not sufficient to establish diversity jurisdiction under 28 U.S.C. 1332. Defendant is therefore ORDERED to amend its notice removal by Friday, February 3, 2023, to allege facts establishing diversity jurisdiction, or this action will be remanded for lack of subject matter jurisdiction without further notice. ( Notice of Compliance/Amended Notice due by 2/3/2023 ). (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
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| Filing 6 CERTIFICATE OF INTERESTED PARTIES by American Mining Warehouse LLC, filed.(Whitley, Samuel) |
| Filing 5 CERTIFICATE OF INTERESTED PARTIES by Roc Digital Mining I LLC, filed.(Appling, D.) |
| Filing 4 AFFIDAVIT of Nick Marrocco re: #3 Answer to Complaint, filed.(Appling, D.) |
| Filing 3 ANSWER to Complaint by Roc Digital Mining I LLC, filed.(Appling, Douglas) |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/3/2023 at 02:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
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| Filing 1 NOTICE OF REMOVAL from 295th Judicial District Court of Harris County, case number 2022-78832 (Filing fee $ 402 receipt number ATXSDC-29192752) filed by Roc Digital Mining I LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Ross, Timothy) |
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| Plaintiff: American Mining Warehouse LLC | |
| Represented By: | Samuel Earl Whitley |
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| Defendant: Roc Digital Mining I LLC | |
| Represented By: | Timothy Christian Ross |
| Represented By: | D. Alan Appling |
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