Sublett et al v. Home Depot USA Inc et al
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Case #: | 3:24-cv-00896 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Apr 12, 2024 |
| Terminated: | May 03, 2024 |
| Case in other court: | 162nd District Court, Dallas County, TX, DC-24-02479 |
| Last checked: Saturday Oct 12, 2024 7:19 AM CDT |
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Defendant
DGIC LLC
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Defendant
Fictitious Defendant A
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Defendant
Home Depot USA Inc
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Represented By
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Plaintiff
Jessica Ann Sublett
Dallas, TX 75201
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Represented By
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Plaintiff
Katy Sublett
Slocumb Law Firm, LLC JD Milks 1910 Pacific Avenue, Ste 15700
Dallas, TX 75201 |
Represented By
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Plaintiff
Sarah Sublett
as Next Friend of Minors, H.B.S. and S.A.S Slocumb Law Firm, LLC JD Milks 1910 Pacific Avenue, Ste 15700
Dallas, TX 75201 |
Represented By
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Plaintiff
Tim Sublett
Slocumb Law Firm, LLC JD MIlks 1910 Pacific Avenue, Ste 15700
Dallas, TX 75201 |
Represented By
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| Docket last updated: 05/06/2025 11:59 PM CDT |
| Friday, May 03, 2024 | ||
| 9 | 9
2
pgs
order
Order on Motion to Remand to State Court
Fri 05/03 11:02 AM
ORDER granting8 Motion to Remand to State Court. The Court agrees that the requisite complete diversity is lacking. 28 U.S.C. §§ 1332(a), 1441(a). The Court therefore REMANDS this suit to the 162nd Judicial District Court of Dallas County. Id. § 1447(c). (Ordered by Judge Ed Kinkeade on 5/3/2024) (chmb) |
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misc
Clerks Notice of Mailing
Fri 05/03 12:55 PM
Clerk's Notice of Mailing: Certifed version of document number9 and docket sheet mailed to 162nd District Court, Dallas County, TX on 5/3/2024. (kcr) (kcr) |
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| Thursday, May 02, 2024 | ||
| 8 | 8
motion
Remand to State Court
Thu 05/02 4:37 PM
Joint MOTION to Remand to State Court filed by Home Depot USA Inc (Alvarado, Karen) |
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Att: 1
Proposed Order for Remand
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| Monday, April 29, 2024 | ||
| 7 | 7
misc
Amended Document
Mon 04/29 12:32 PM
AMENDED DOCUMENT by Home Depot USA Inc. Amendment to1 Notice of Removal,,,,. . (Alvarado, Karen) |
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Att: 1
Exhibit(s) A,
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Att: 2
Exhibit(s) B,
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Att: 3
Exhibit(s) C,
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Att: 4
Exhibit(s) D,
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Att: 5
Exhibit(s) E
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| Monday, April 15, 2024 | ||
| 6 | 6
order
Order
Mon 04/15 11:45 AM
ELECTRONIC ORDER: Before the Court is Defendant Home Depot U.S.A., Inc.'s ("Home Depot") Notice of Removal. Doc. No. 1. Home Depot invokes the Court's diversity jurisdiction as the basis for its removal. Id. at 3; 28 U.S.C. §§ 1332(a), 1441(a). Accordingly, Home Depot must "distinctly and affirmatively" allege the citizenship of each party so that the Court can determine whether the citizenship of each Plaintiff differs from the citizenship of each Defendant. Getty Oil Corp., Div. of Texaco, Inc. v. Ins. Co. of N. Am. , 841 F.2d 1254, 1259 (5th Cir. 1988) (citation omitted). Having reviewed Home Depot's Notice of Removal under its obligation to assess subject matter jurisdiction sua sponte , Howery v. Allstate Ins. Co. , 243 F.3d 912, 919 (5th Cir. 2001), the Court concludes that Home Depot has not sufficiently alleged the citizenships of all relevant persons. Home Depot states that "Plaintiff is, and was, at the time of the filing of this action, a citizen of the State of Texas," but there are multiple Plaintiffs, and it is unclear to which Plaintiff Home Depot refers. Doc. No. 1 at 3. Home Depot must distinctly and affirmatively allege the citizenship of each Plaintiff. The Court also notes that Plaintiff Jessica Ann Sublett is suing on behalf of the Estate of Carl Sublett, a decedent, as well as individually, and Plaintiff Sarah Sublett is suing as next friend of Minors H.B.S. and S.A.S. Therefore, Home Depot must also allege the citizenships of Carl Sublett, H.B.S., and S.A.S. 28 U.S.C. § 1332(c)(2). The Court ORDERS Home Depot to amend its Notice of Removal to properly allege the citizenships of all relevant persons no later than April 29, 2024. Failure to timely comply with this order WILL RESULT in a remand of this case without further notice. Id. § 1447(c). (Ordered by Judge Ed Kinkeade on 4/15/2024) (chmb) |
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| Friday, April 12, 2024 | ||
| 5 | 5
7
pgs
order
Order
Fri 04/12 4:59 PM
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 4/12/2024) (chmb) |
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order
Order
Fri 04/12 4:55 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 May 3, 2024, Defendant Home Depot USA, Inc., 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 4/12/2024) (chmb) |
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qcref
Kinkeade
Fri 04/12 4:38 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 04/12 12:15 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Home Depot U.S.A., Inc.. (Clerk QC note: No affiliate entered in ECF). (Alvarado, Karen) |
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notice
Notice of Removal
Fri 04/12 10:36 AM
NOTICE OF REMOVAL WITH JURY DEMAND filed by Home Depot U.S.A., Inc.. (Filing fee $405; receipt number ATXNDC-14536949) 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. (Alvarado, Karen) |
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Att: 1
Exhibit(s) A,
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Att: 2
Exhibit(s) B,
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Att: 3
Exhibit(s) C,
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Att: 4
Exhibit(s) D,
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Att: 5
Exhibit(s) E
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