Vargas v. Walmart Inc. et al
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Case #: | 3:25-cv-00305 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Feb 07, 2025 |
| Case in other court: | 101st District Court, Dallas County, Texas, DC-24-19018 |
| Last checked: Friday Feb 07, 2025 10:10 AM CST |
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Defendant
Wal-Mart Stores Texas, LLC
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Represented By
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Defendant
Walmart Inc.
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Represented By
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Plaintiff
Evelio Amaya Vargas
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Represented By
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| Docket last updated: 02/20/2025 11:59 PM CST |
| Friday, February 14, 2025 | ||
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pgs
cmp
Amended Complaint
Fri 02/14 9:08 AM
AMENDED COMPLAINT (Notice of Removal) against Evelio Amaya Vargas filed by Wal-Mart Stores Texas LLC, Walmart Inc. 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. (Bruce, Stacy) |
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Att: 1
Exhibit(s) Exhibit A-Demand
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order
Order
Fri 02/07 7:37 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 removed this case to federal court on the basis of diversity jurisdiction. Doc. No. 1 at 2. Although the parties' citizenship is diverse, Defendants do not sufficiently prove the jurisdictional threshold amount in controversy is met. Plaintiff's state court petition specifically alleges that Plaintiff "seeks monetary relief of no more than $75,000" and that Plaintiff seeks "maximum damages" of "no more than $75,000." Doc. No. 1-3 at 1 & 4. Defendants do not assert that this is not a good faith allegation and there is nothing in the removal record for the Court to find otherwise. Thus, it is facially apparent from the face of Plaintiff's petition that the amount in controversy is not satisfied. In their Notice of Removal, Defendants allege that, "[o]n January 30, 2025, Plaintiff provided a demand that exceeded $75,00.00 [sic]." Doc. No. 1 at 3. However, Defendants do not include this demand in the removal documents. Defendants must establish by a preponderance of the evidence that the amount in controversy exceeds $75,000. See Guijarro v. Enter. Holdings, Inc. , 39 F.4th 309, 314 (5th Cir. 2022). The Court "must presume that a suit lies outside [its] limited jurisdiction, and the burden of establishing federal jurisdiction rests on the party seeking the federal forum." Howery v. Allstate Ins. Co. , 243 F.3d 912, 916 (5th Cir. 2001). Defendants may amend their Notice of Removal in accordance with this Order by February 14, 2025. If Defendants fail to amend or fail to do so sufficiently, the Court will remand this case without further notice. See 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); 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 2/7/2025) (chmb) |
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pgs
order
Order for Scheduling Order Proposal
Fri 02/07 1:20 PM
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 2/7/2025) (chmb) |
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order
Order
Fri 02/07 1:19 PM
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 2/7/2025) (chmb) |
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order
Order
Fri 02/07 1:18 PM
ORDER: This case was removed from State Court on February 7, 2025. Plaintiff's counsel, Sarah Y-Nhi Huynh, Michael Alvarez and Pavel Savinov, are not admitted to practice in the United States District Court for the Northern District of Texas. Therefore, within 30 days from the date of this order, counsel for Plaintiff must either become admitted to practice in this District (See LR 83.7), or move the Court to be admitted Pro Hac Vice (See LR 83.9(b)). Further, Local Counsel in this Court is required, and therefore within 30 days from the date of this order, counsel for Plaintiff must also designate local counsel pursuant to Local Civil Rule 83.10(a). Local Counsel must also sign all documents submitted by Plaintiff in this case. Failure to comply with this order may result in sanctions. The Clerk is DIRECTED to mail this Order to the address provided and email a copy of this Order to shuynh@huynhlaw.com. (Ordered by Judge Ed Kinkeade on 2/7/2025) (chmb) |
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qcref
Kinkeade
Fri 02/07 1:00 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. (kcr) |
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misc
Certificate Of Interested Persons/Disclosure Statement
Fri 02/07 10:03 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Wal-Mart Stores Texas, LLC, Walmart Inc.. (Clerk QC note: No affiliate entered in ECF). (Bruce, Stacy) |
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notice
Notice of Removal
Fri 02/07 10:02 AM
NOTICE OF REMOVAL filed by Wal-Mart Stores Texas, LLC, Walmart Inc.. (Filing fee $405; receipt number ATXNDC-15247936) 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. (Bruce, Stacy) |
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Att: 1
Exhibit(s) Exhibit A-Index of Pleadings,
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Att: 2
Exhibit(s) Exhibit B-Docket Sheet,
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Att: 3
Exhibit(s) Exhibit C-State Court Pleadings,
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Att: 4
Exhibit(s) Exhibit D-Ds' COIP,
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Att: 5
Cover Sheet,
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Att: 6
Cover Sheet Supplement
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misc
Order Receipt
Fri 02/07 1:02 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Fri Feb 7 13:02:10 CST 2025 (crt) |
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misc
Order Receipt
Fri 02/07 2:52 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:4,5,6. also emailed Fri Feb 7 14:52:10 CST 2025 (crt) |
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