Global Paycard Corporation v. Onecom, LLC, No. 3:2021cv00767 - Document 33 (N.D. Tex. 2022)
Court Description: MEMORANDUM OPINION AND ORDER denying 27 Motion to Dismiss without prejudice. Onecom will have twenty-eight days from the date of this order to file a new motion to dismiss. (Ordered by Judge Brantley Starr on 10/6/2022) (chmb) Modified text on 10/6/2022 (ygl).
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION GLOBAL PAYCARD CORPORATION doing business as KITTRELL PAYCARD, Plaintiff, v. ONECOM LLC, § § § § § § § § § § § Civil Action No. 3:21-CV-00767-X Defendant. MEMORANDUM OPINION AND ORDER Before the Court is defendant Onecom LLC’s (Onecom) amended motion to dismiss, or alternatively, motion to transfer. [Doc. No. 27]. Again, Onecom has not addressed deficiencies in its motion regarding the issue of federal jurisdiction.1 The Court DENIES the motion WITHOUT PREJUDICE. Onecom will have twentyeight days from the date of this order to file a new motion to dismiss under Rule 12(b)(7). IT IS SO ORDERED this 6th day of October, 2022. BRANTLEY STARR UNITED STATES DISTRICT JUDGE 1 See Settlement Funding, L.L.C. v. Rapid Settlements, Ltd., 851 F.3d 530, 536 (5th Cir. 2017) (“A party seeking to establish diversity jurisdiction must specifically allege the citizenship of every member of every LLC or partnership involved in a litigation.”) 1
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