Matusiak v. EMVLP LLC et al
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Case #: | 3:24-cv-01320 |
| Nature of Suit | 480 Other Statutes - Consumer Credit |
| Cause | 15:1692 Fair Debt Collection Act |
| Case Filed: | May 30, 2024 |
| Terminated: | Oct 15, 2024 |
| Last checked: Tuesday Nov 26, 2024 3:04 AM CST |
|
Defendant
Texas Collateral Adjusters LLC
2810 Hickory Tree Rd.
Balch Springs, TX 75180 |
Represented By
|
|
Defendant
EMVLP LLC
|
Represented By
|
|
Defendant
PAR North America Inc
|
Represented By
|
|
Plaintiff
Pamela Matusiak
|
Represented By
|
| Docket last updated: 11 hours ago |
| Friday, December 13, 2024 | ||
| 29 | 29
misc
Stipulation
Fri 12/13 10:35 AM
Joint STIPULATION OF DISMISSAL with Prejudice by Pamela Matusiak, EMVLP LLC, PAR North America Inc, Texas Collateral Adjusters LLC. (Egeland, Susan) |
|
|
Att: 1
Proposed Order
|
||
| Tuesday, October 15, 2024 | ||
| 28 | 28
order
Order of Dismissal or Administrative Closure
Tue 10/15 10:26 AM
ELECTRONIC ORDER OF ADMINISTRATIVE CLOSURE - The Court has been notified that this case has settled. The Parties are therefore directed to submit their dismissal papers within 60 days from the date of this order. There appears to be no further reason at this time to maintain the file as open for statistical purposes. The Clerk is therefore instructed to submit a JS-6 form to the Administrative Office, thereby removing this case from the statistical records. Nothing in this Order shall be considered a dismissal or disposition of this case, and should further proceedings become necessary or desirable, any party or the Court may initiate such further proceedings in the same manner as if this Order had not been entered. (Ordered by Judge Ed Kinkeade on 10/15/2024) (chmb) |
|
| Monday, October 14, 2024 | ||
| 27 | 27
notice
Notice (Other)
Mon 10/14 11:41 AM
NOTICE of Settlement filed by EMVLP LLC (Sapp, Matthew) |
|
| Wednesday, September 11, 2024 | ||
| 25 | 25
order
Scheduling Order
Wed 09/11 7:09 PM
SCHEDULING ORDER: Jury Trial set for 1/12/2026 09:00 AM before Judge Ed Kinkeade. Deadline for mediation is on or before 1/17/2025. Joint Report on mediation due by 1/24/2025. Joinder of Parties due by 11/12/2024. Amended Pleadings due by 11/12/2024. Discovery due by 6/27/2025. Motions due by 7/25/2025. Pretrial Order due by 12/15/2025. Pretrial Materials due by 12/15/2025. (Ordered by Judge Ed Kinkeade on 9/11/2024) (chmb) |
|
| 24 | 24
misc
Proposed Scheduling and Discovery Order
Wed 09/11 3:30 PM
Proposal for contents of scheduling and discovery order by Pamela Matusiak. (Hubbard, John) |
|
| Friday, August 02, 2024 | ||
| 23 | 23
order
Order on Motion to Withdraw as Attorney
Fri 08/02 12:19 PM
ELECTRONIC ORDER - Before the Court is Defendants PAR North America, Inc. and Texas Collateral Adjusters LLC's Unopposed Motion for Withdrawal and Substitution of Counsel (the "Motion"). Doc. No. 22. Upon consideration of the same, the Court GRANTS the Motion. Attorney Andy Nikolopoulos is substituted for Attorney David M. Gettings. (Ordered by Judge Ed Kinkeade on 8/2/2024) (chmb) |
|
| Thursday, August 01, 2024 | ||
| 22 | 22
motion
Withdraw as Attorney
Thu 08/01 4:59 PM
Unopposed MOTION to Withdraw as Attorney and Substitute Counsel filed by PAR North America Inc, Texas Collateral Adjusters LLC (Gettings, David) |
|
|
Att: 1
Proposed Order
|
||
| 21 | 21
6
pgs
order
Order for Scheduling Order Proposal
Thu 08/01 3:27 PM
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 8/1/2024) (chmb) |
|
| 20 | 20
misc
Certificate Of Interested Persons/Disclosure Statement
Thu 08/01 3:17 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Texas Collateral Adjusters LLC. (Clerk QC note: No affiliate entered in ECF). (Nikolopoulos, Andy) |
|
| 19 | 19
misc
Certificate Of Interested Persons/Disclosure Statement
Thu 08/01 3:17 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by PAR North America Inc. (Clerk QC note: No affiliate entered in ECF). (Nikolopoulos, Andy) |
|
| 18 | 18
answer
Answer to Amended Complaint
Thu 08/01 3:16 PM
ANSWER to9 Amended Complaint,, filed by PAR North America Inc, Texas Collateral Adjusters LLC. 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. Attorney Andy Nikolopoulos added to party Texas Collateral Adjusters LLC(pty:dft) (Nikolopoulos, Andy) |
|
| Thursday, July 25, 2024 | ||
| 17 | 17
notice
Notice of Attorney Appearance
Thu 07/25 11:45 AM
NOTICE of Attorney Appearance by Andy Nikolopoulos on behalf of PAR North America Inc. (Filer confirms contact info in ECF is current.) (Nikolopoulos, Andy) |
|
| Friday, July 12, 2024 | ||
| 16 | 16
order
Order on Motion for Extension of Time to File Answer
Fri 07/12 1:54 PM
ELECTRONIC ORDER - Before the Court is Defendants PAR North America Inc. ("PAR") and Texas Collateral Adjusters LLC's ("TCA") Consent Motion for Extension of Time to File Response to Complaint (the Motion). Doc. No. 15. Upon consideration of the same, the Court GRANTS the Motion. PAR and TCA shall answer or otherwise respond to Plaintiff's amended complaint no later than August 1, 2024. (Ordered by Judge Ed Kinkeade on 7/12/2024) (chmb) |
|
| Thursday, July 11, 2024 | ||
| 15 | 15
motion
Extension of Time to File Answer
Thu 07/11 4:10 PM
Consent Motion for Extension of Time to File Answer filed by PAR North America Inc, Texas Collateral Adjusters LLCAttorney David Michael Gettings added to party PAR North America Inc(pty:dft), Attorney David Michael Gettings added to party Texas Collateral Adjusters LLC(pty:dft) (Gettings, David) |
|
|
Att: 1
Proposed Order
|
||
| Tuesday, July 09, 2024 | ||
| 14 | 14
misc
Certificate Of Interested Persons/Disclosure Statement
Tue 07/09 3:10 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by EMVLP, LLC. (Clerk QC note: No affiliate entered in ECF). (Sapp, Matthew) |
|
| 13 | 13
notice
Notice of Attorney Appearance
Tue 07/09 2:17 PM
NOTICE of Attorney Appearance by Susan E Egeland on behalf of EMVLP, LLC. (Filer confirms contact info in ECF is current.) (Egeland, Susan) |
|
| 12 | 12
misc
Certificate Of Interested Persons/Disclosure Statement
Tue 07/09 2:11 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by EMVLP, LLC. (Clerk QC note: No affiliate entered in ECF). (Sapp, Matthew) |
|
| 11 | 11
answer
Answer to Amended Complaint
Tue 07/09 2:10 PM
ANSWER to9 Amended Complaint,, filed by EMVLP, LLC. 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. Attorney Matthew Clay Sapp added to party EMVLP, LLC(pty:dft) (Sapp, Matthew) |
|
| Thursday, June 06, 2024 | ||
| 10 | 10
notice
Notice of Attorney Appearance
Thu 06/06 6:49 PM
NOTICE of Attorney Appearance by Dena L Mathis for JOHN C. HUBBARD on behalf of Pamela Matusiak. (Mathis, Dena) |
|
| Wednesday, June 05, 2024 | ||
| 9 | 9
cmp
Amended Complaint
Wed 06/05 9:23 AM
AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Pamela Matusiak. 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. (Hubbard, John) |
|
| Tuesday, June 04, 2024 | ||
| 8 | 8
order
Order Setting Deadline/Hearing
Tue 06/04 10:28 AM
ELECTRONIC ORDER: Before the Court is Plaintiff Pamela Matusiak's Complaint. Doc. No. 1. Ms. Matusiak purports to bring this case under the Court's diversity jurisdiction as well as its federal question and supplemental jurisdiction. Id. at 2; 28 U.S.C. §§ 1331, 1332(a), 1367(a). Insofar as Ms. Matusiak relies on the Court's diversity jurisdiction, she must "distinctly and affirmatively" allege the citizenship of each party so that the Court can determine whether her citizenship 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). She must also "show by a preponderance of the evidence that the amount-in controversy requirement [for diversity jurisdiction] is met." Brand Servs., L.L.C. v. Irex Corp. , 909 F.3d 151, 155 (5th Cir. 2018). Having reviewed Ms. Matusiak's allegations concerning the Court's diversity jurisdiction 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 Ms. Matusiak has not sufficiently alleged Defendants' citizenships. Because Defendants EMVLP, LLC and Texas Collateral Adjusters LLC are limited liability companies, Ms. Matusiak must affirmatively and "specifically allege the citizenship of every member" of each company. MidCap Media Fin., L.L.C. v. Pathway Data, Inc. , 929 F.3d 310, 314 (5th Cir. 2019) (citation omitted). Because Defendant PAR North America Inc. is a corporation, Ms. Matusiak must affirmatively allege its state of incorporation and the state where it has its principal place of business. 28 U.S.C. § 1332(c); Hertz Corp. v. Friend , 559 U.S. 77, 80 (2010). The Court further concludes that Ms. Matusiak has not sufficiently alleged that the amount in controversy exceeds $75,000 as required for diversity jurisdiction. It is not facially apparent from Ms. Matusiak's description of the temporary loss of and physical damage to her vehicle that more than $75,000 are at stake in this litigation. Ms. Matusiak must provide either more specific allegations or "summary-judgment type" evidence showing that the amount in controversy exceeds $75,000. Galan v. Deepwater Horizon Med. Benefits Settlement Claims Admr , 2023 WL 8434048, at *2 (5th Cir. Dec. 5, 2023). Accordingly, the Court ORDERS Ms. Matusiak to amend her Complaint (1) to properly allege Defendants' citizenships and properly allege or substantiate the amount in controversy or (2) to withdraw her reliance on the Court's diversity jurisdiction. Ms. Matusiak SHALL FILE her amended complaint no later than June 13, 2024. (Ordered by Judge Ed Kinkeade on 6/4/2024) (chmb) |
|
| Monday, June 03, 2024 | ||
| 7 | 7
service
Summons Issued
Mon 06/03 2:14 PM
Summons Issued as to EMVLP LLC, PAR North America Inc, Texas Collateral Adjusters LLC. (kcr) |
|
| 6 | 6
misc
Request for Clerk to Issue Document
Mon 06/03 12:55 PM
Request for Clerk to issue summons filed by Pamela Matusiak. (Hubbard, John) |
|
|
Att: 1
Additional Page(s),
|
||
|
Att: 2
Additional Page(s)
|
||
| Friday, May 31, 2024 | ||
| 5 | 5
6
pgs
order
Order
Fri 05/31 12:06 PM
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 5/31/2024) (chmb) |
|
| 4 | 4
order
Order
Fri 05/31 12:04 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 June 20, 2024, Plaintiff Pamela Matusiak, 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 5/31/2024) (chmb) |
|
| Thursday, May 30, 2024 | ||
| 3 | 3
qcref
Kinkeade
Fri 05/31 11:24 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. (ndt) |
|
| 2 | 2
misc
Certificate Of Interested Persons/Disclosure Statement
Thu 05/30 4:28 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Pamela Matusiak. (Clerk QC note: Affiliate entry indicated). (Hubbard, John) |
|
| 1 | 1
8
pgs
cmp
Complaint
Thu 05/30 3:50 PM
COMPLAINT WITH JURY DEMAND against All Defendants filed by Pamela Matusiak. (Filing fee $405; Receipt number ATXNDC-14657697) Plaintiff will submit summons(es) for issuance. 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, 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. (Hubbard, John) |
|
|
Att: 1
Cover Sheet
|
||