BW Enterprises USA Holdings, LLC et al v. Society Insurance
| BW Enterprises II, LLC, BW Enterprises USA Holdings, LLC doing business as Bread Winners Cafe and Bakey, BW Enterprises USA Catering, LLC doing business as Bread Winners Catering and BW Enterprises USA II, LLC |
| Society Insurance |
| 3:2024cv00980 |
| April 22, 2024 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Contract: Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on April 22, 2024. A more recent docket listing may be available from PACER.
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Filing 6
ELECTRONIC ORDER: 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 May 14, 2024, Defendant Society Insurance, shall file the entry of appearance of local counsel satisfying the requirements of Local Civil Rule 83.10(a). Failure to do so may result in sanctions being imposed for failure to comply with an order of the Court. (Ordered by Judge Ed Kinkeade on 4/22/2024) (chmb)
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Filing 5
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 4/22/2024) (chmb)
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Filing 4
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 3
ELECTRONIC ORDER: Before the Court is Defendant Society Insurance's ("Society") Notice of Removal. Doc. No. 1. Society bases its removal of this case on the Court's diversity jurisdiction. Id. at 2; 28 U.S.C. 1332(a), 1441(a). Accordingly, Society must "distinctly and affirmatively" allege the citizenship of each party so that the Court can determine whether Society's citizenship differs from the citizenship of each Plaintiff. 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 Society's Notice of Removal 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 Society has not sufficiently alleged Plaintiffs; citizenships. Because Plaintiffs are limited liability companies, their citizenships depend on the citizenships of their members, and Society must "specifically allege the citizenship of every member" of each limited liability company. MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 314 (5th Cir. 2019) (citation omitted). Society fails to exhaustively allege the citizenships of each Plaintiff's members, including managing and non-managing members. Society's assertion that Plaintiffs have no members within the state of Wisconsin does not address the citizenships of Plaintiffs' members, much less affirmatively allege those citizenships. Doc. No. 1 at 2. Society must identify each member of each Plaintiff and affirmatively allege each member's citizenship. Sourcing Mgmt., Inc. v. Simclar, Inc., 2015 WL 2212344, at *4 (N.D. Tex. May 12, 2015) (Lindsay, J.); Birdow v. State Farm Mut. Auto. Ins. Co., 2021 WL 5448973, at *4 (N.D. Tex. Nov. 22, 2021) (Boyle, J.).Accordingly, the Court ORDERS Society to amend its Notice of Removal to properly allege Plaintiffs' citizenships no later than May 6, 2024. Failure to timely comply with this order WILL RESULT in the remand of this case without further notice. 28 U.S.C. 1447(c). (Ordered by Judge Ed Kinkeade on 4/22/2024) (chmb)
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| Filing 2 ADDITIONAL ATTACHMENTS to #1 Notice of Removal,,,, by Defendant Society Insurance. (Canto, Gabriel) |
| Filing 1 NOTICE OF REMOVAL filed by Society Insurance. (Filing fee $405; receipt number ATXNDC-14559532) 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) Plaintiffs' Original Petition (State Court), #2 Exhibit(s) State Court Docket Sheet) (Canto, Gabriel) |
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