Ellis v. Life Fitness LLC et al
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Case #: | 3:25-cv-01007 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1441 Notice of Removal |
| Case Filed: | Apr 23, 2025 |
| Last checked: Wednesday Apr 23, 2025 3:11 PM CDT |
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Defendant
Life Fitness, LLC
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Represented By
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IMPORTANT! Select Party Role
Life Fitness Sales, Inc.
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Represented By
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Plaintiff
Michael Ellis
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Represented By
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| Docket last updated: 4 hours ago |
| Wednesday, April 30, 2025 | ||
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misc
Amended Document
Wed 04/30 4:02 PM
AMENDED DOCUMENT by Life Fitness LLC, Life Fitness Sales Inc. Amendment to2 Cert. Of Interested Persons/Disclosure Statement. . (Tucker, Pryce) |
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misc
Amended Document
Wed 04/30 4:00 PM
AMENDED DOCUMENT by Life Fitness LLC, Life Fitness Sales Inc. Amendment to1 Notice of Removal,,,,,. . (Tucker, Pryce) |
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| Thursday, April 24, 2025 | ||
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order
Order
Thu 04/24 12:19 PM
ELECTRONIC ORDER: In cases invoking the court's jurisdiction under 28 U.S.C. § 1332(a), Rule 7.1(a)(2) of the Federal Rules of Civil Procedure requires that each party's disclosure statement "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). Defendants timely filed their certificate of interested persons/disclosure statement (Doc. No. 2) but it does not include the required citizenship disclosure statement for either Defendant. Assuming they sufficiently amend their Notice of Removal, see Doc. No. 6, Defendants shall file an amended certificate of interested persons/disclosure statement within 3 days of filing their amended notice of removal. (Ordered by Judge Ed Kinkeade on 4/24/2025) (chmb) |
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order
Order
Thu 04/24 12:13 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 Life Fitness, LLC and Life Fitness Sales, Inc. (together, the "Defendants") removed this case to federal court invoking the Court's diversity jurisdiction, 28 U.S.C. § 1332(a). Doc. No. 1 at 2. Accordingly, the parties' citizenship must be completely diverse in that one of the plaintiffs cannot share the same state citizenship as one of the defendants, and the amount in controversy must exceed $75,000. See Corfield v. Dallas Glen Hills LP , 355 F.3d 853, 857 (5th Cir. 2003). "When jurisdiction depends on citizenship, citizenship must be 'distinctly and affirmatively alleged.'" Getty Oil Corp., a Div. of Texaco v. Ins. Co. of N. Am. , 841 F.2d 1254, 1259 (5th Cir. 1988). Citing the state court petition, Defendants allege that "Plaintiff [Michael Ellis] is a resident of Dallas County, Texas." Doc. No. 1 at 2. "Citizenship and residence, as often declared by this court, are not synonymous terms." MidCap Media Fin., L.L.C. v. Pathway Data, Inc. , 929 F.3d 310, 313 (5th Cir. 2019) (quoting Robertson v. Cease , 97 U.S. 646, 648 (1878)); see also Villamil v. Fayrustin , 730 F. Supp. 3d 328, 334 (W.D. Tex. 2024) ("Merely residing in a state doesn't necessarily make someone a citizen of that state; that person must also possess the intent to remain there indefinitely .") (citing MidCap Media , 929 F.3d at 313). 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. v. Fed. Ins. Co. , 83 F.4th 405, 407 (5th Cir. 2023) (citing Gilbert v. David , 235 U.S. 561, 568-69 (1915)). Defendants' allegation of Plaintiff's residency "does not satisfy the requirement of an allegation of citizenship." Neely v. Bankers Tr. Co. of Tex. , 757 F.2d 621, 634 n.18 (5th Cir. 1985); see Villamil , 730 F. Supp. 3d at 334 ("[T]he mere fact that Plaintiff's pleadings identify Villamil as a Texas resident doesn't guarantee that she's a Texas citizen ."). As for the citizenship of Defendant Life Fitness, LLC ("LF, LLC"), Defendants do identify the sole member of LF, LLC. See Carden v. Arkoma Assocs. , 494 U.S. 185, 196 (1990); accord SXSW , 83 F.4th at 407. Defendants allege the sole member, Lumos Holdings US Acquisition Co. ("Lumos"), is "a privately held Delaware corporation." Doc. No. 1 at 2. 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); see J.A. Olson Co. v. City of Winnona , 818 F.2d 401, 404 (5th Cir. 1987). Merely alleging Lumos is a "Delaware corporation" is not sufficient for diversity purposes; Defendants must specifically allege the State in which Lumos is incorporated and in which it has its principal place of business. Defendants did not meet their burden of establishing federal jurisdiction on this Notice of Removal. See Manguno v. Prudential Prop. & Cas. Ins. Co. , 276 F.3d 720, 723 (5th Cir. 2002). Defendants may amend their Notice of Removal in accordance with this Order by May 1, 2025. If Defendants fail to amend or fail 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."). (Ordered by Judge Ed Kinkeade on 4/24/2025) (chmb) |
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| Wednesday, April 23, 2025 | ||
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qcref
Kinkeade
Thu 04/24 9:37 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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order
Order for Scheduling Order Proposal
Wed 04/23 3:41 PM
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 4/23/2025) (chmb) |
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order
Order
Wed 04/23 3:40 PM
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 4/23/2025) (chmb) |
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misc
Certificate Of Interested Persons/Disclosure Statement
Wed 04/23 3:30 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Life Fitness Sales, Inc., Life Fitness, LLC. (Clerk QC note: No affiliate entered in ECF). (Tucker, Pryce) |
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notice
Notice of Removal
Wed 04/23 3:12 PM
NOTICE OF REMOVAL WITH JURY DEMAND filed by Life Fitness, LLC, Life Fitness Sales, Inc.. (Filing fee $405; receipt number ATXNDC-15446208) 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. (Tucker, Pryce) |
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Cover Sheet Civil Cover Sheet & Supp
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