Spyksma v. Legacy Motorcycle Company LLC et al
| Charlie Spyksma |
| Legacy Motorcycle Company LLC d/b/a Legacy Recreational Vehicles and Stealth Enterprises LLC d/b/a Stealth Trailers LLC |
| 1:2023cv01304 |
| August 16, 2023 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| James E Shadid |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Remark: Case transferred from Illinois Central has been opened in Southern District of Illinois as case 3:23-cv-02904, filed 08/23/2023. (TK) |
| Case was electronically submitted to the Southern District of Illinois. (AH) Modified on 8/23/2023 to correct (AH). |
TEXT ONLY ORDER: Plaintiff has filed a Motion #3 to Amend Complaint and Transfer This Case to the Southern District of Illinois. The Court entered an Order #2 dismissing Plaintiff's original Complaint #1 as it invoked the Court's diversity jurisdiction but lacked the citizenship information of the Defendant LLCs; it additionally failed to indicate why venue was appropriate in the Peoria Division of the Central District of Illinois. Plaintiff's Amended Complaint adequately invokes this Court's diversity jurisdiction by identifying the citizenship of the members of the Defendant LLCs, so the case falls within the Court's subject matter jurisdiction. Plaintiff has recognized, however, that venue for this case is not proper in the Central District. Venue for this case is governed by 28 U.S.C. 1931(b) which provides that actions may be brought only in (1) the judicial district where any defendant resides (if all defendants reside in the same state), (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought. Plaintiff states that the transaction at issue took place in Effingham, Illinois, which lies within the jurisdiction of the Federal Court of the Southern District of Illinois, and so asks for this case to be transferred. Plaintiff's Motion #3 is GRANTED. It is therefore ordered that this action is transferred to the United States District Court for the Southern District of Illinois, pursuant to 28 U.S.C. 1404(a). Entered by Judge James E. Shadid on 8/22/2023. (AH)
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| Filing 3 First MOTION to Amend/Correct COMPLAINT by Plaintiff Charlie Spyksma. Responses due by 9/5/2023 (Attachments: #1 Exhibit First Amended Complaint)(DiTommaso, Vincent) |
| Set Deadlines/Hearings: Amended Pleadings due by 9/1/2023. (VH) |
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Filing 2
ORDER re subject matter jurisdiction. Entered by Magistrate Judge Jonathan E. Hawley on 8/17/2023. (KZ)
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| Filing 1 COMPLAINT against Charlie Spyksma, Charlie Spyksma ( Filing fee $ 402 receipt number AILCDC-4275977.), filed by Charlie Spyksma.(DiTommaso, Vincent) (Additional attachment(s) added on 8/17/2023: #1 Civil Cover Sheet, #2 Exhibit) (AH). |
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