Sample v. Hilton Worldwide Holdings, Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DWAYNE SAMPLE,
Plaintiff,
v. 	No. 25cv984 JFR/SCY
HILTON WORLDWIDE HOLDINGS INC.,
PARKS HOSPITALITY HOLDINGS (PHH),
and HILTON OF SANTA FE,
Defendants.
ORDER DENYING MOTION FOR RELIEF FROM RULE 7.1
AND GRANTING LEAVE TO FILE ELECTRONICALLY
THIS MATTER comes before the Court on Plaintiff’s Motion to the Court Regarding
Inapplicability of Rule 7.1 Disclosure Statements, Doc. 14, and Plaintiff’s Motion for Leave to
File Electronically, Doc. 9. On October 8, 2025, Defendant Hilton Worldwide Holdings, Inc.
removed this case from state court to federal court. Doc. 1. The Notice of Removal asserts
federal question jurisdiction as well as diversity of citizenship. Id. ¶¶ 2, 11. Plaintiff is
proceeding pro se.
On October 15, 2025, the Court ordered Plaintiff to clarify whether Plaintiff brings state
or federal claims and also ordered every party to file a disclosure statement as to their own
citizenship. Doc. 6; see Fed. R. Civ. P. 7.1(a)(2) (“In an action in which jurisdiction is based on
diversity under 28 U.S.C. § 1332(a), a party or intervenor must, unless the court orders
otherwise, file a disclosure statement. The statement must name—and identify the citizenship
of—every individual or entity whose citizenship is attributed to that party or intervenor: when
the action is filed in or removed to federal court.”).
In response, Plaintiff moved to voluntarily dismiss all federal claims and remand the state
claim back to state court. Doc. 13. As a result, Plaintiff asks for relief from the previous court
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order requiring him to file a citizenship disclosure statement. Doc. 14 at 1. Although Plaintiff is
correct that he has the option of dismissing federal claims, Plaintiff is incorrect that this would
automatically result in a remand to state court. Federal jurisdiction may be based on either the
presence of a federal claim or diversity of citizenship, and the Notice of Remand in this case
invoked both grounds.
The Court therefore denies Plaintiff’s motion for relief from Rule 7.1. The Court
reiterates its prior order that both parties must file a Rule 7.1 notice stating that party’s
citizenship, although it will extend the time to do so.
The Court will grant Plaintiff’s request to file electronically in this case only. Doc. 9; see
Guide for Pro Se Litigants at 13, District of New Mexico (October 2022) (“approval to
electronically file documents within a case must be granted by the presiding judge for each case
in which the pro se litigant wishes to file using their CM/ECF account”). The Court will revoke
permission to file electronically if Plaintiff abuses his electronic filing privilege or fails to
comply with the rules and procedures in the District of New Mexico’s Guide for Pro Se Litigants
and the District of New Mexico’s CM/ECF Administrative Procedures Manual. Account
registration forms, procedure manuals, and other information can be obtained at the Court’s
website at http://www.nmd.uscourts.gov/filing-information. This Order only grants Plaintiff
permission to participate in CM/ECF; Plaintiff is responsible for registering to become a
participant. See CM/ECF Administrative Procedures Manual, District of New Mexico (Revised
June 2024).
THEREFORE, IT IS ORDERED that Plaintiff’s Motion to the Court Regarding
Inapplicability of Rule 7.1 Disclosure Statements, Doc. 14, is DENIED. Plaintiff’s motion for
leave to file electronically, Doc. 9, is GRANTED.
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IT IS FUTHER ORDERED THAT all parties appearing in the case must file a disclosure
as to their own citizenship by November 27, 2025. Failure to obey this order may result in
dismissal of this case or other sanctions.
IT IS FINALLY ORDERED THAT Defendant Hilton Worldwide Holdings, Inc.’s
deadline to amend the Notice of Removal to cure the jurisdictional defects outlined in the
Court’s previous order is extended to December 18, 2025.
SO ORDERED.
_____________________________________
STEVEN C. YARBROUGH
UNITED STATES MAGISTRATE JUDGE
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