MV Purchasing, LLC et al v. Endeavor Crude, LLC et al
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Case #: | 3:25-cv-01112 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1335 Interpleader Action |
| Case Filed: | May 05, 2025 |
| Last checked: Monday May 05, 2025 11:08 AM CDT |
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Defendant
Endeavor Crude, LLC
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Defendant
Unique Funding Solutions, LLC
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Plaintiff
Echo Canyon Energy Products Supply, LLC
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Represented By
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Plaintiff
MV Purchasing, LLC
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Represented By
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| Docket last updated: 05/18/2025 11:59 PM CDT |
| Wednesday, May 07, 2025 | ||
| 8 | 8
order
Order
Wed 05/07 11:49 AM
ELECTRONIC ORDER: Before the Court is the Plaintiffs' Complaint in Interpleader (the "Complaint"). Doc. No. 1. 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)). The Plaintiffs claim jurisdiction based on 28 U.S.C. § 1335 which requires two or more adverse claimants who are diverse in their citizenship as defined in § 1332 (a) or (d). The Complaint names two limited liability companies ("LLC") as Defendants (the "Defendant LLCs"). Id. at 1, ¶¶ 3-4. The citizenship of an LLC for diversity purposes is determined by the citizenship of its members. SXSW, L.L.C. v. Fed. Ins. Co. , 83 F.4th 405, 407-408 (5th Cir. 2023). Further, to assert jurisdiction based on the citizenship of an LLC, a party must identify each member of the LLC through every layer, if relevant, and distinctly and affirmatively allege the citizenship of each member . MidCap Media Fin., L.L.C. v. Pathway Data, Inc. , 929 F.3d 310, 314 (5th Cir. 2019). Here, the Complaint does not identify each member of the Defendant LLCs nor does it distinctly and affirmatively allege the citizenship of each of those members. Doc. No. 1 at 2, ¶ 5. Therefore, the Complaint fails to properly assert the Defendant LLCs are minimally diverse, as required by 28 U.S.C. § 1335, to establish the Court's subject matter jurisdiction. See St. Paul Reinsurance Co. v. Greenburg , 134 F.3d 1250, 1253 (5th Cir. 1998) (party seeking the federal forum bears the burden of establishing subject matter jurisdiction). The Plaintiffs may file an amended complaint to distinctly and affirmatively assert the citizenship of both Defendant LLCs as necessary to establish the required diversity by May 21, 2025. If the Plaintiffs fail to amend, or fail to amend sufficiently to establish jurisdiction, the Court will, without further notice, dismiss the case without prejudice. (Ordered by Judge Ed Kinkeade on 5/7/2025) (chmb) |
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| Tuesday, May 06, 2025 | ||
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service
Summons Issued
Tue 05/06 8:47 AM
Summons Issued as to Endeavor Crude LLC, Unique Funding Solutions LLC. (knb) |
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| Monday, May 05, 2025 | ||
| 6 | 6
qcref
Kinkeade
Tue 05/06 8:42 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 McKay). Clerk to provide copy to plaintiff if not received electronically. (knb) |
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7
pgs
order
Order
Mon 05/05 11:42 AM
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 5/5/2025) (chmb) |
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| 4 | 4
motion
Interpleader Deposit (28 U.S.C. Section 1335)
Mon 05/05 10:58 AM
Motion for Interpleader Deposit (28 U.S.C. Section 1335) filed by Echo Canyon Energy Products Supply, LLC, MV Purchasing, LLC (Whitaker, Andrew) |
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Att: 1
Proposed Order
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misc
Certificate Of Interested Persons/Disclosure Statement
Mon 05/05 10:56 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Echo Canyon Energy Products Supply, LLC, MV Purchasing, LLC. (Clerk QC note: Affiliate entry indicated). (Whitaker, Andrew) |
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| 2 | 2
misc
Request for Clerk to Issue Document
Mon 05/05 10:47 AM
Request for Clerk to issue Summonses for all Defendants filed by Echo Canyon Energy Products Supply, LLC, MV Purchasing, LLC. (Whitaker, Andrew) |
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| 1 | 1
6
pgs
cmp
Complaint
Mon 05/05 10:33 AM
INTERPLEADER COMPLAINT against Endeavor Crude, LLC, Unique Funding Solutions, LLC filed by MV Purchasing, LLC, Echo Canyon Energy Products Supply, LLC. (Filing fee $405; Receipt number ATXNDC-15473401) 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. (Whitaker, Andrew) |
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Att: 1
Cover Sheet
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