Ogbonna v. USPLabs, LLC, No. EP-13-CV-347-KC, slip op. (W.D. Tex. Nov. 4, 2013)(Cardone, J.)

Where the plaintiff had sued in her individual capacity and as the representative of the decedent’s estate, the District Court sua sponte directed her to demonstrate diversity jurisdiction in this wrongful death action.  Slip op. at 1.  The District Court found that it was “at least possible that Plaintiff, Plaintiff-Decedent, or both [were] citizens of Texas and some of the defendants also appeared to be Texas citizens.”  Slip op. at 2-3.