Flores v. Benchmark Insurance Company
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Case #: | 3:25-cv-00051 |
| Nature of Suit | 350 Torts - Personal Injury - Motor Vehicle |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Jan 08, 2025 |
| Case in other court: | Dallas County Court at Law #2, CC-24-08623-B |
| Last checked: Wednesday Jan 08, 2025 3:07 PM CST |
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Defendant
Benchmark Insurance
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Represented By
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Plaintiff
Blanca flores
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Represented By
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| Docket last updated: 01/16/2025 11:59 PM CST |
| Monday, January 13, 2025 | ||
| 12 | 12
misc
Certificate Of Interested Persons/Disclosure Statement
Mon 01/13 8:01 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Blanca Araceli Flores. (Clerk QC note: No affiliate entered in ECF). (Snow, Ryan) |
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| Friday, January 10, 2025 | ||
| 11 | 11
misc
Amended Document
Fri 01/10 4:14 PM
AMENDED DOCUMENT by Benchmark Insurance Company. Amendment to 5 Cert. Of Interested Persons/Disclosure Statement. First Amended . (Courtois, Mark) |
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| 10 | 10
misc
Amended Document
Fri 01/10 4:11 PM
AMENDED DOCUMENT by Benchmark Insurance Company. Amendment to1 Notice of Removal,,,,,. First Amended . (Courtois, Mark) |
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| Thursday, January 09, 2025 | ||
| 9 | 9
order
Order
Thu 01/09 6:01 PM
ELECTRONIC ORDER: Federal Rule of Civil Procedure 7.1(a)(2) requires an additional disclosure statement in all cases before the court pursuant to 28 U.S.C. § 1332(a). Each party's disclosure statement must "name--and identify the citizenship of--every individual or entity whose citizenship is attributed to that party[.]" Fed. R. Civ. P. 7.1(a)(2) (emphasis added). In removing this civil action, Defendant invokes the Court's diversity jurisdiction. Both Defendant and Plaintiff timely filed their respective certificates of interested persons (Doc. Nos. 5 & 7), but neither certificate includes the required disclosure of that party's citizenship. Within 7 days of Defendant amending its Notice of Removal, see Doc. No. 8, Defendant and Plaintiff SHALL FILE an amended certificate of interested persons, respectively, that includes the Rule 7.1(a)(2) citizenship disclosure statement. (Ordered by Judge Ed Kinkeade on 1/9/2025) (chmb) |
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| 8 | 8
order
Order
Thu 01/09 5:52 PM
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)). Defendant removed this case to federal court on the basis of diversity jurisdiction, 28 U.S.C. § 1332(a). See Doc. No. 1 at 2. Accordingly, the parties' citizenship must be completely diverse in that one of the plaintiffs cannot share the same state citizenship as one of the defendants. See Corfield v. Dallas Glen Hills LP , 355 F.3d 853, 857 (5th Cir. 2003). "When jurisdiction depends on citizenship, citizenship must be 'distinctly and affirmatively alleged.'" Getty Oil Corp., a Div. of Texaco v. Ins. Co. of N. Am. , 841 F.2d 1254, 1259 (5th Cir. 1988). Defendant alleges in its Notice of Removal that Plaintiff "is an individual residing in Dallas County, Texas." Doc. No. 1 at 2. "Citizenship and residence, as often declared by this court, are not synonymous terms." MidCap Media Fin., L.L.C. v. Pathway Data, Inc. , 929 F.3d 310, 313 (5th Cir. 2019) (quoting Robertson v. Cease , 97 U.S. 646, 648 (1878)). "For natural persons, § 1332 citizenship is determined by domicile, which requires residency plus an intent to make the place of residency one's permanent home." SXSW, L.L.C. v. Fed. Ins. Co. , 83 F.4th 405, 407 (5th Cir. 2023) (citing Gilbert v. David , 235 U.S. 561, 568-69 (1915)); accord Preston v. Tenet Healthsystem Mem'l Med. Ctr., Inc. , 485 F.3d 793, 799 (5th Cir. 2007) ("Domicile requires the demonstration of two factors: residence and the intention to remain."). Defendant's allegation of Plaintiff's residency is not a distinct and affirmative allegation of her State citizenship for purposes of establishing diversity jurisdiction. As the party seeking the federal forum, Defendant bears the burden of establishing subject matter jurisdiction, but it has failed to do so on this removal record. See St. Paul Reinsurance Co. v. Greenburg , 134 F.3d 1250, 1253 (5th Cir. 1998). Therefore, Defendant may amend its Notice of Removal in accordance with this Order by January 16, 2025. If Defendant fails to amend or to do so sufficiently, this case will be remanded without further notice. 28 U.S.C. § 1447(c) (in action removed from state court, federal court must remand case any time before final judgment if court determines it lacks subject matter jurisdiction); see also Gasch v. Hartford Accident & Indem. Co. , 491 F.3d 278, 281-82 (5th Cir. 2007) ("The removal statute is therefore to be strictly construed, and any doubt about the propriety of removal must be resolved in favor of remand."). (Ordered by Judge Ed Kinkeade on 1/9/2025) (chmb) |
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| 7 | 7
misc
Certificate Of Interested Persons/Disclosure Statement
Thu 01/09 5:36 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Blanca Araceli Flores. (Clerk QC note: No affiliate entered in ECF). (Snow, Ryan) |
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| 6 | 6
notice
Notice of Attorney Appearance
Thu 01/09 5:27 PM
NOTICE of Attorney Appearance by Ryan Taylor Snow on behalf of Blanca Araceli Flores. (Filer confirms contact info in ECF is current.) (Snow, Ryan) |
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| Wednesday, January 08, 2025 | ||
| 5 | 5
misc
Certificate Of Interested Persons/Disclosure Statement
Wed 01/08 3:30 PM
* See document [1-4] for image * CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Benchmark Insurance Company. (Clerk QC note: Affiliate entry indicated). (knb) |
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| 4 | 4
qcref
Kinkeade
Wed 01/08 3:29 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (knb) |
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| 3 | 3
6
pgs
order
Order for Scheduling Order Proposal
Wed 01/08 3:21 PM
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 1/8/2025) (chmb) |
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| 2 | 2
6
pgs
order
Order
Wed 01/08 3:19 PM
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 1/8/2025) (chmb) |
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| 1 | 1
notice
Notice of Removal
Wed 01/08 2:50 PM
NOTICE OF REMOVAL WITH JURY DEMAND filed by Benchmark Insurance. (Filing fee $405; receipt number ATXNDC-15175527) 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 and Instructions 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. (Courtois, Mark) |
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Att: 1
Exhibit(s) Index of Matters Being Filed,
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Att: 2
Exhibit(s) State court docket sheet,
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Att: 3
Exhibit(s) Pleadings filed in state court,
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Att: 4
Exhibit(s) Certificate of Interested Persons,
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Att: 5
Exhibit(s) Notice of removal filed in State Court
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