Coleman v. Cartiva Inc et al
| Cathy Coleman |
| Cartiva Inc, Wright Medical Group NV and Stryker B V |
| 3:2024cv00970 |
| April 22, 2024 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| Filing 4 FIRST AMENDED COMPLAINT WITH JURY DEMAND against Cartiva, Inc., Stryker B.V., Wright Medical Group NV filed by Cathy Coleman. 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. (McDowell, Darren) |
Filing 3
ELECTRONIC ORDER: Before the Court is Plaintiff Cathy Coleman's Complaint. Doc. No. 1. Ms. Coleman invokes the Court's diversity jurisdiction as the basis for her suit. Doc. No. 1-1 at 1; 28 U.S.C. 1332(a). Accordingly, Ms. Coleman must "distinctly and affirmatively" allege the citizenship of each party so that the Court can determine whether her citizenship differs from the citizenship of each Defendant. Getty Oil Corp., Div. of Texaco, Inc. v. Ins. Co. of N. Am., 841 F.2d 1254, 1259 (5th Cir. 1988) (citation omitted). Having reviewed Ms. Coleman's Complaint under its obligation to assess subject matter jurisdiction sua sponte, Howery v. Allstate Ins. Co., 243 F.3d 912, 919 (5th Cir. 2001), the Court concludes that Ms. Coleman has not sufficiently alleged the citizenships of the Defendants. Ms. Coleman alleges that each Defendant is a corporation and provides its principal place of business. Doc. No. 1 at 1-2. While a corporation is a citizen of the state where it maintains its principal place of business, it is also a citizen of the state of its incorporation. 28 U.S.C. 1332(c)(1). Ms. Coleman has not alleged under which states' laws Defendants incorporated.The Court therefore ORDERS Ms. Coleman to amend her complaint to properly allege Defendants' citizenships no later than May 6, 2024. If Ms. Coleman does not timely comply with this order, the Court WILL DISMISS her claims without prejudice for lack of jurisdiction. (Ordered by Judge Ed Kinkeade on 4/22/2024) (chmb)
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Filing 2
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 4/22/2024) (chmb)
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| Filing 1 COMPLAINT WITH JURY DEMAND against Cartiva, Inc., Stryker B.V., Wright Medical Group NV filed by Cathy Coleman. (Filing fee $405; Receipt number ATXNDC-14557943) Plaintiff will submit summons(es) for issuance. 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, #2 Summons, #3 Summons, #4 Summons) (McDowell, Darren) (Attachments 2, 3, and 4 replaced on 4/22/2024 to flatten pdf) (axm). |
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