Grymes et al v. Southwest Airlines Co
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Case #: | 3:25-cv-00624 |
| Nature of Suit | 310 Torts - Personal Injury - Airplane |
| Cause | Civil Miscellaneous Case |
| Case Filed: | Mar 14, 2025 |
| Case in other court: | Dallas County District Court, unk |
| Last checked: Friday Mar 14, 2025 4:13 PM CDT |
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Defendant
Southwest Airlines Co
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Represented By
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Plaintiff
Amy D Berret
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Represented By
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Plaintiff
Deborah Grymes
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Represented By
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Plaintiff
John M Grymes
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Represented By
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Plaintiff
Berret G. Joseph
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Represented By
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| Docket last updated: 03/31/2025 11:59 PM CDT |
| Friday, March 21, 2025 | ||
| 12 | 12
service
Summons Returned
Fri 03/21 11:57 AM
SUMMONS Returned Executed as to Southwest Airlines Co; served on 3/19/2025. (agc) |
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| Wednesday, March 19, 2025 | ||
| 11 | 11
service
Summons Issued
Wed 03/19 8:45 AM
Summons Issued as to Southwest Airlines Co. (kcr) |
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| Tuesday, March 18, 2025 | ||
| 10 | 10
misc
Certificate Of Interested Persons/Disclosure Statement
Tue 03/18 5:43 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Southwest Airlines Co. (Clerk QC note: No affiliate entered in ECF). (Garrett, Mitchell) |
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| 9 | 9
misc
Amended Document
Tue 03/18 5:42 PM
AMENDED DOCUMENT by Southwest Airlines Co. Amendment to1 Notice of Removal,,,,. . (Garrett, Mitchell) |
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Att: 1
State Court Docket Sheet,
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Att: 2
Index,
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Att: 3
Ex. A,
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Att: 4
Garrett Decl.,
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Att: 5
Cover Sheet,
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Att: 6
Cover Sheet Supplement
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| 8 | 8
misc
Request for Clerk to Issue Document
Tue 03/18 3:55 PM
Request for Clerk to issue Summons filed by Amy D Berret, Deborah Grymes, John M Grymes, Berret G. Joseph. (Ayres, Christopher) |
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| Monday, March 17, 2025 | ||
| 7 | 7
order
Order
Mon 03/17 2:11 PM
ELECTRONIC ORDER: Before the Court is Defendant's Notice of Removal (the "Notice"). Doc. No. 1. I. 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)). Accordingly, the Court has sua sponte reviewed Defendant's Notice of Removal, and finds Defendant has not properly alleged the Parties' citizenship as necessary to allege complete diversity. The party seeking diversity jurisdiction must "distinctly and affirmatively" allege all parties' citizenship. Seguin v. Remington Arms Co., L.L.C. , 22 F.4th 492, 495 (5th Cir. 2022) (quoting Getty Oil Corp. v. Insurance Co. of N. Am. , 841 F.2d 1254, 1259 (5th Cir. 1988)). A. Defendant's Notice fails to "distinctly and affirmatively" allege the Plaintiffs' diversity citizenship. Defendant's Notice cites the Plaintiffs' petition and asserts that "Plaintiffs are all individuals residing in East Baton Rouge Parish, Louisiana." Doc. No. 1 at 3, ¶4. The Fifth Circuit has consistently reaffirmed that "[a]n allegation of residency alone 'does not satisfy the requirement of an allegation of citizenship.'" SXSW, L.L.C. , 83 F.4th at 407 (quoting Strain v. Harrelson Rubber Co. , 742 F.2d 888, 889 (5th Cir. 1984)); see also MidCap Media , 929 F.3d at 313; Neely v. Bankers Tr. Co. of Tex. , 757 F.2d 621, 634 n.18 (5th Cir. 1985); Stine v. Moore , 213 F.2d 446, 448 (5th Cir. 1954). The citizenship of a natural person "is determined by domicile, which requires residency plus an intent to make the place of residency one's permanent home." SXSW, L.L.C. , 83 F.4th at 407 (internal citation omitted). The Defendant's Notice allegation of the Plaintiff's residency does not "distinctly and affirmatively" assert the Plaintiffs' citizenship, and the Defendant's Notice thus fails to properly allege complete diversity. B. Defendant's Notice fails to "distinctly and affirmatively" allege Defendant's own diversity citizenship. For diversity purposes, a corporation 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) (emphasis added); 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."). Defendant asserts its principal place of business is Dallas, Texas" but fails to identify its own state of incorporation. Doc. No. 1 at 3, ¶4. Accordingly, the Defendant's Notice fails to properly allege its own citizenship, and thus fails to properly allege complete diversity. Accordingly, the Court GRANTS Defendant LEAVE to AMEND its Notice of Removal to address the Parties' citizenship, by March 24, 2025. If Defendant fails to amend, or fails 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."). II. In addition, the Court notes the Defendant has failed to file the following items: A. Defendant has failed to attach to its Notice of Removal the state court record at the time of removal, including the state court's docket sheet, and an index for and copies of all documents contained within in the state court's record, as required. L. Civ. R. 81.1(a)(4)(A)-(C). B. Defendant has failed to file its Disclosure Statement, which every party in a diversity action must file, which "name[s]and identif[ies] the citizenship ofevery individual or entity whose citizenship is attributed to that party or intervenor." Fed. R. Civ. P. 7.1(a)(2). The Defendant SHALL amend its Notice of Removal to add the required state court record and file its required Disclosure Statement by March 24, 2025 . (Ordered by Judge Ed Kinkeade on 3/17/2025) (chmb) |
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| Friday, March 14, 2025 | ||
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qcref
Kinkeade
Mon 03/17 9:28 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
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6
pgs
order
Order for Scheduling Order Proposal
Fri 03/14 5:21 PM
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 3/14/2025) (chmb) |
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6
pgs
order
Order
Fri 03/14 5:20 PM
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 3/14/2025) (chmb) |
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| 3 | 3
misc
Certificate Of Interested Persons/Disclosure Statement
Fri 03/14 3:59 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Southwest Airlines Co. (Clerk QC note: Affiliate entry indicated). (Garrett, Mitchell) |
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| 2 | 2
notice
Notice (Other)
Fri 03/14 3:56 PM
NOTICE of Related Case filed by Southwest Airlines Co (Garrett, Mitchell) |
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notice
Notice of Removal
Fri 03/14 3:54 PM
NOTICE OF REMOVAL WITH JURY DEMAND filed by Southwest Airlines Co. (Filing fee $405; receipt number ATXNDC-15341485) 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. (Garrett, Mitchell) |
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Att: 1
16 pgs
Exhibit(s),
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Att: 2
Ryan Decl.,
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Att: 3
Cover Sheet,
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Att: 4
Cover Sheet Supplement
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