Wysk v. Myers et al
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Case #: | 3:24-cv-00344 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1346 Breach of Contract |
| Case Filed: | Feb 13, 2024 |
| Terminated: | Feb 21, 2024 |
| Last checked: Sunday Aug 11, 2024 4:52 AM CDT |
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Defendant
Hycroft LLC
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Defendant
Scott A Myers
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Plaintiff
Frederick A Wysk
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Represented By
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| Docket last updated: 09/05/2024 11:59 PM CDT |
| Wednesday, February 21, 2024 | ||
| 7 | 7
notice
Notice (Other)
Wed 02/21 1:55 PM
NOTICE of Dismissal Without Prejudice re:1 Complaint,,,, filed by Frederick A Wysk (Ayres, Christopher) |
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utility
Terminate Civil Case (Optional)
Wed 02/21 2:23 PM
Civil Case Terminated pursuant to the Notice of Dismissal Without Prejudice. (chmb) |
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| Wednesday, February 14, 2024 | ||
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order
Order
Wed 02/14 10:59 AM
ELECTRONIC ORDER: Before the Court is Plaintiff Frederick A. Wysk's Original Complaint. Doc. No. 1. Mr. Wysk purports to bring this case under the Court's diversity jurisdiction. Id. at 2; 28 U.S.C. § 1332(a). Accordingly, Mr. Wysk must "distinctly and affirmatively" allege the citizenship of each party so that the Court can determine whether his 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 Mr. Wysk'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 Mr. Wysk has not sufficiently alleged Defendant Hycroft, LLCs ("Hycroft") citizenship. Because Hycroft is a limited liability company, its citizenship depends on the citizenship of its members, and Mr. Wysk must "specifically allege the citizenship of every member" of the company. MidCap Media Fin., L.L.C. v. Pathway Data, Inc. , 929 F.3d 310, 314 (5th Cir. 2019) (citation omitted). Mr. Wysk has not affirmatively and exhaustively alleged the citizenships of each member of Hycroft. Accordingly, the Court ORDERS Mr. Wysk to amend his Complaint to properly allege Hycroft's citizenship no later than February 28, 2024. The Court reminds Mr. Wysk that "residency is not citizenship" for purposes of diversity jurisdiction. SXSW, L.L.C. v. Fed. Ins. Co. , 83 F.4th 405, 408 (5th Cir. 2023). (Ordered by Judge Ed Kinkeade on 2/14/2024) (chmb) |
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misc
Certificate Of Interested Persons/Disclosure Statement
Wed 02/14 9:38 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Frederick A Wysk. (Clerk QC note: No affiliate entered in ECF). (Ayres, Christopher) |
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| Tuesday, February 13, 2024 | ||
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service
Summons Issued
Tue 02/13 12:39 PM
Summons Issued as to Hycroft LLC, Scott A Myers. (agc) |
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qcref
Kinkeade
Tue 02/13 12:36 PM
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. (agc) |
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6
pgs
order
Order
Tue 02/13 12:02 PM
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 2/13/2024) (chmb) |
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cmp
Complaint
Tue 02/13 11:30 AM
COMPLAINT WITH JURY DEMAND against All Defendants filed by Frederick A. Wysk. (Filing fee $405; Receipt number ATXNDC-14388240) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK: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:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Ayres, Christopher) |
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Att: 1
Cover Sheet
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