Quantinilla et al v. Accident Fund Insurance Company of America
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Case #: | 3:25-cv-00389 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Contract Dispute |
| Case Filed: | Feb 14, 2025 |
| Last checked: Friday Feb 14, 2025 6:09 PM CST |
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Defendant
Accident Fund Insurance Company of America
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Represented By
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Plaintiff
Victor Quantinilla
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Represented By
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Plaintiff
Oscar Interiano Rosales
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Represented By
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| Docket last updated: 02/20/2025 11:59 PM CST |
| Thursday, February 20, 2025 | ||
| 8 | 8
order
Order
Thu 02/20 11:00 AM
ELECTRONIC ORDER: Local Civil Rule 81.1 requires a certificate of interested persons to be filed contemporaneously with the notice of removal. L. Civ. R. 81.1(a)(4)(D). Defendant filed its Notice of Removal (Doc. Nos. 1 & 7) but failed to also file a certificate of interested persons. See also Fed. R. Civ. P. 7.1. Accordingly, Defendant shall file said document by February 27, 2025. As a reminder, Rule 7.1(a)(2) requires an additional disclosure statement in all diversity matters. 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). Each party SHALL ensure that their certificates of interested persons include the required disclosure statement of their respective State citizenship, not residence . (Ordered by Judge Ed Kinkeade on 2/20/2025) (chmb) |
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| Wednesday, February 19, 2025 | ||
| 7 | 7
cmp
Amended Complaint
Wed 02/19 2:34 PM
AMENDED COMPLAINT Amended Notice of Removal against All Plaintiffs filed by Accident Fund Insurance Company of America. 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. (Schmidt, Laura) |
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Att: 1
Cover Sheet Amended,
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Att: 2
Cover Sheet Supplement,
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Att: 3
Exhibit(s) 1 Stipulation,
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Att: 4
Exhibit(s) 2 Motion to Enter Judgment,
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Att: 5
Exhibit(s) 3 Final Judgment,
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Att: 6
Exhibit(s) 4 Index State Court Pleadings
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| Tuesday, February 18, 2025 | ||
| 6 | 6
order
Order
Tue 02/18 12:50 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. Doc. No. 1 at 4. Although the parties' citizenship is diverse, Defendant does not sufficiently prove the jurisdictional threshold amount in controversy is met. Defendant alleges that, as the party demanding payment, it is "entitled to recover $127,919.59 under the judgment, plus post-judgment interest of at least $43,530.00." Doc. No. 1 at 5. There are, however, two named Plaintiffs and Defendant fails to establish that the amount in controversy is satisfied as to each Plaintiff. To be sure, a "[d]efendant[] seeking to remove a case cannot aggregate the claims of multiple plaintiffs to meet the $75,000 threshold unless these plaintiffs assert a common and undivided interest." Ackerman v. La. Gas Dev. Corp. , 2006 WL 1751904, at *1 (S.D. Tex. June 22, 2006). This removal record does not support the conclusion that Plaintiffs "make a united claim for a common and undivided interest" because it is apparent that each Plaintiff's "claim is separate and distinct from [the] other plaintiff's claim." Id. at n.4. 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). Defendant may amend its Notice of Removal in accordance with this Order by February 25, 2025. If Defendant fails to amend or fails 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 2/18/2025) (chmb) |
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| Friday, February 14, 2025 | ||
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qcref
Kinkeade
Tue 02/18 9:13 AM
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. (agc) |
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| 4 | 4
6
pgs
order
Order for Scheduling Order Proposal
Fri 02/14 6:33 PM
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 2/14/2025) (chmb) |
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order
Order
Fri 02/14 6:31 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 March 9, 2025 , Defendant Accident Fund Insurance Company of America, shall file the entry of appearance of local counsel who satisfies the requirements of Local Civil Rule 83.10(a). Failure of to comply this Order may result in sanctions being imposed. (Ordered by Judge Ed Kinkeade on 2/14/2025) (chmb) |
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6
pgs
order
Order
Fri 02/14 6:29 PM
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 2/14/2025) (chmb) |
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| 1 | 1
notice
Notice of Removal
Fri 02/14 5:34 PM
NOTICE OF REMOVAL filed by Accident Fund Insurance Company of America. (Filing fee $405; receipt number ATXNDC-15269090) 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. (Schmidt, Laura) |
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Att: 1
Cover Sheet,
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Att: 2
Cover Sheet Supplement,
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Att: 3
Exhibit(s) Index of State Court Pleadings,
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Att: 4
Exhibit(s) A, Original Petition,
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Att: 5
Exhibit(s) B, Citation,
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Att: 6
Exhibit(s) C, Original Answer,
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Att: 7
Exhibit(s) D, Docket Sheet
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