Moore v. Forward Air LLC et al
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Case #: | 3:25-cv-00083 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Jan 13, 2025 |
| Case in other court: | 160th Judicial District, Dallas County, DC-24-21035 |
| Last checked: Monday Jan 13, 2025 12:08 PM CST |
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Defendant
John Doe
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Defendant
FAF LLC f/k/a FAF, Inc.
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Represented By
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Defendant
Forward Air Corporation
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Represented By
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Defendant
Forward Air LLC f/k/a Forward Air, Inc.
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Represented By
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Plaintiff
Amari Moore
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Represented By
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| Docket last updated: 01/16/2025 11:59 PM CST |
| Thursday, January 16, 2025 | ||
| 8 | 8
misc
Certificate Of Interested Persons/Disclosure Statement
Thu 01/16 3:55 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Forward Air LLC, Forward Air Corporation, FAF LLC. (Clerk QC note: No affiliate entered in ECF). (Thibodeaux, Lee) |
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misc
Amended Document
Thu 01/16 3:48 PM
AMENDED DOCUMENT by Forward Air LLC, Forward Air Corporation, FAF LLC. Amendment to1 Notice of Removal,,,,,,. First Amended Notice of Removal . (Thibodeaux, Lee) |
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Att: 1
Exhibit(s) Exhibit A,
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Att: 2
Exhibit(s) Exhibit B,
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Att: 3
Exhibit(s) Exhibit C,
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Att: 4
Exhibit(s) Exhibit D
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| Monday, January 13, 2025 | ||
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order
Order
Mon 01/13 7:11 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)). Defendants Forward Air LLC f/k/a Forward Air, Inc., Forward Air Corporation, and FAF LLC f/k/a FAF, Inc. (the "Removing Defendants") removed this case to federal court on the basis of diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). Doc. No. 1 at 2-3. 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, and the amount in controversy must exceed $75,000. See Corfield v. Dallas Glen Hills LP , 355 F.3d 853, 857 (5th Cir. 2003). Further, "[w]hen 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). For the following reasons, the Removing Defendants did not properly allege their own citizenship and, therefore, did not satisfy their burden on removal. (The Court notes that the Removing Defendants interchange "citizen" or "domicile" with "resident" in the section entitled "Basis for Removal". Doc. No. 1 at 2-3. For diversity purposes, the Court is unconcerned with any party's residency. See § 1332(a).) For diversity purposes, Defendant Forward Air Corporation (the "Corporate Defendant") is a citizen "of any State by which it has been incorporated and the State where it has its principal place of business." 28 U.S.C. § 1332(c); see J.A. Olson Co. v. City of Winnona , 818 F.2d 401, 404 (5th Cir. 1987); see also Hertz Corp. v. Friend , 559 U.S. 77, 92 (2010) (corporation's principal place of business is its "nerve center, "meaning "the place where a corporation's officers direct, control, and coordinate the corporation's activities."). The Removing Defendants allege only that the Corporate Defendant "is domiciled in the State of Tennessee, specifically, 1915 Snapps Ferry Road, Building N, Greeneville, Tennessee 37745." Doc. No. 1 at 2. Turning to Defendants Forward Air LLC f/k/a Forward Air, Inc. and FAF LLC f/k/a FAF, Inc. (the "LLC Defendants"), the citizenship of a limited liability company ("LLC") for diversity purposes is determined by the citizenship of its members. Carden v. Arkoma Assocs. , 494 U.S. 185, 196 (1990); accord SXSW, L.L.C. v. Fed. Ins. Co. , 83 F.4th 405, 407 (5th Cir. 2023). These allegations must include the identity of each member through every layer and each member's citizenship . MidCap Media Fin., L.L.C. v. Pathway Data, Inc. , 929 F.3d 310, 314 (5th Cir. 2019). For Defendant Forward Air, LLC, the Removing Defendants allege only that it is "domiciled in the State of Tennessee" at a specific address. Doc. No. 1 at 2. The Removing Defendants do allege that "the sole member of [Defendant] FAF, LLC is [Defendant] Forward Air Corporation which is domiciled in Tennessee and is not a resident of the State of Texas." Doc. No. 1 at 3. Again, the Removing Defendants do not identify the Corporate Defendant's State of incorporation and the State of its principal place of business as required to establish its citizenship; therefore, the citizenship of Defendant FAF, LLC has not been properly alleged. And the Removing Defendants completely fail to identify any member of Defendant Forward Air, LLC f/k/a Forward Air, Inc., so its citizenship cannot be known on this record. Further, the Removing Defendants' allegations that each "is not a citizen of the State of Texas" is not a distinct and affirmative allegation of citizenship for diversity purposes. See Getty Oil , 841 F.2d at 1259. Also, it is irrelevant that the Removing Defendants claim Defendant Forward Air, LLC and Defendant Forward Air Corporation are "improperly named Defendants". Doc. No. 1 at 3. The parties named in this action at the time of removal must be completely diverse. Because they failed to "distinctly and affirmatively" allege their own citizenship, the Removing Defendants did not meet their burden, as the parties seeking the federal forum, to establish federal jurisdiction. See St. Paul Reinsurance Co. v. Greenburg , 134 F.3d 1250, 1253 (5th Cir. 1998). The Removing Defendants may amend their Notice of Removal in accordance with this Order by January 17, 2025. If the Removing Defendants fail to amend or fail to do so sufficiently, the Court will remand this case 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 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."). The Removing Defendants SHALL also ensure the complete state court record has been filed with the amended notice of removal. The Court notes that the removal record includes the affidavit of service only as to Defendant Forward Air, LLC f/k/a Forward Air, Inc., Doc. No. 1-6, but the Removing Defendants allege in their Notice of Removal that they were all served prior to removal. Doc. No. 1 at 1-2; see also Doc. No. 1-8 (Original Answer filed in state court was filed on behalf of all the Removing Defendants). Finally, the Removing Defendants did not file the certificate of interested persons required by this Court's Local Civil Rule 81.1 on removal. L. Civ. R. 81.1(a)(4)(D); see also Fed. R. Civ. P. 7.1. Assuming they sufficiently establish the Court's subject matter jurisdiction, the Removing Defendants shall file the required document within 3 days of filing their amended notice of removal. Because the Removing Defendants invoke the Court's subject matter jurisdiction under 28 U.S.C. §1332(a), Rule 7.1(a)(2) requires that each party's disclosure statement "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). The Removing Defendants shall ensure that their certificate of interested persons includes the required disclosure statement of EACH of their respective State citizenships. As a reminder for the LLC Defendants, this requires the disclosure of the identities and citizenship of each of their members. (Ordered by Judge Ed Kinkeade on 1/13/2025) (chmb) |
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qcref
Kinkeade
Mon 01/13 1:26 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (knb) |
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6
pgs
order
Order for Scheduling Order Proposal
Mon 01/13 12:31 PM
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 1/13/2025) (chmb) |
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6
pgs
order
Order
Mon 01/13 12:31 PM
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 1/13/2025) (chmb) |
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order
Order
Mon 01/13 12:30 PM
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 February 3, 2025, Defendants, 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 1/13/2025) (chmb) |
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notice
Notice of Removal
Mon 01/13 11:50 AM
NOTICE OF REMOVAL WITH JURY DEMAND filed by FAF LLC f/k/a FAF, Inc., Forward Air Corporation, Forward Air LLC f/k/a Forward Air, Inc.. (Filing fee $405; receipt number ATXNDC-15182443) 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. (Thibodeaux, Lee) (Attachment 2 replaced to flatten on 1/13/2025) (knb) |
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Att: 1
Exhibit(s) Index of Documents,
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Att: 2
Cover Sheet Civil Coversheet,
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Att: 3
Exhibit(s) Original Petition,
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Att: 4
Exhibit(s) Jury Demand Notice,
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Att: 5
Exhibit(s) Citations,
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Att: 6
Exhibit(s) Affidavit of Service,
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Att: 7
Exhibit(s) Parties, Attorneys and Court,
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Att: 8
Exhibit(s) Answer,
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Att: 9
Exhibit(s) Email Re docket sheet
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