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)

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

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