Hale v. Empire Express Inc et al

Filing 113

ORDER directing the parties to file simultaneous briefs on 9/29/2017. Signed by Judge D. P. Marshall Jr. on 9/22/2017. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION SHERRAN K. HALE, Individually and as Administrator and Personal Representative of the Estate of Robert W. Hale, deceased v. PLAINTIFF No. 3:16-cv-120-DPM EMPIRE EXPRESS, INC.; EMPIRE TRANSPORTATION, INC.; and J. ANTHONY BRADLEY, Administrator and Personal Representative of the Estate of Iketha D. Winchester, deceased DEFENDANTS ORDER The Court has started work on the pending motions and stumbled into some jurisdictional fogginess. The amended complaint, Ng 33, says Winchester's estate is pending in the Circuit Court of Crittenden County, Arkansas (probate division). The pleading is silent about her citizenship. The notice of removal says she was a resident of Texas when she died, but this doesn't establish citizenship. Reece v. Bank of New York Mellon, 760 F.3d 771, 777 (8th Cir. 2014). Was Winchester an Arkansawyer? If so, does complete diversity exist? Simultaneous briefs due on 29 September 2017. So Ordered. D.P. Marshall Jf United States District Judge -2-

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