Biggart v. VIBRA HOSPITAL OF SPRINGFIELD, LLC
| Jerry Biggart |
| VIBRA HOSPITAL OF SPRINGFIELD, LLC |
| 3:2019cv03215 |
| September 3, 2019 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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NOTICE OF HEARING: Telephonic Rule 16 Scheduling Conference set Wednesday, 12/11/2019, at 9:30 AM (court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins. Attorneys are directed to comply with Federal Rule of Civil Procedure 26(f) by meeting as soon as practicable, and in any event at least fourteen (14) days prior to the scheduling conference, and are to submit a proposed discovery plan in writing to the Court on or before 12/9/2019. Such a plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 16(b), Rule 26(f), and CDIL-LR 16.2(E) with proposed deadlines. The parties are directed to specifically address the provisions, if any, for discovery or disclosure of electronically stored information, and to discuss agreements, if any, the parties reach for asserting claims of privilege or of protection as trial preparation material, after inadvertent production. Any plan filed shall specifically address the need, or lack thereof, concerning discovery of electronically stored information. If a discovery plan is not submitted as required, the scheduling hearing will not be held and costs may be assessed. Lead counsel or other counsel of record with knowledge of the case should be available to participate in the Rule 16 scheduling hearing. (LB, ilcd)
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Filing 7
ANSWER to #4 Amended Complaint by Vibra Hospital Of Springfield, LLC.(O'Malley, Robert)
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Filing 6
WAIVER OF SERVICE Returned Executed by Jerry Biggart. Vibra Hospital Of Springfield, LLC waiver sent on 9/4/2019, answer due 11/4/2019. (DelGiorno, Anthony)
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Filing 5
NOTICE of Appearance of Attorney by Robert E O'Malley on behalf of Vibra Hospital Of Springfield, LLC (O'Malley, Robert)
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Filing 4
FIRST AMENDED COMPLAINT against Vibra Hospital Of Springfield, LLC, filed by Jerry Biggart. (Attachments: #1 Exhibit A)(MJC, ilcd)
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TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiff's Motion for Leave to File First Amended Complaint #3 is ALLOWED. The Court notes that the defects ordered to be corrected by U.S. District Judge Sue Myerscough in her Text Order of 9/5/2019 have been corrected. Clerk is directed to file the Plaintiff's First Amended Complaint and Demand for Jury Trial #3 -1 attached to the Motion. Entered on 9/16/2019. (MJC, ilcd)
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Filing 3
MOTION to Amend/Correct #1 Complaint by Plaintiff Jerry Biggart. Responses due by 9/26/2019 (Attachments: #1 Exhibit First Amended Complaint, #2 Exhibit Exhibit A to First Amended Complaint)(DelGiorno, Anthony)
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TEXT ORDER: Plaintiff has filed a Complaint and Demand for Jury Trial #1 , asserting a state law claim against Defendant. Plaintiff alleges that the Court has diversity jurisdiction pursuant to 28 U.S.C. 1332, but, for several reasons, Plaintiff has not properly alleged the citizenship of the parties. First, Plaintiff alleges his residence not his citizenship. See Meyerson v. Harrah's E. Chi. Casino, 299 F.3d 616, 617 (7th Cir. 2002) (noting that "residence and citizenship are not synonyms and it is the latter that matters for purposes of diversity jurisdiction"). Second, Plaintiff alleges, "[o]n information and belief," that Defendant's sole member is Vibra Healthcare, LLC. However, jurisdictional allegations must be based on personal knowledge; allegations made on information and belief are insufficient to invoke diversity jurisdiction. See Am.'s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992). Third, Plaintiff fails to identify the members of Vibra Healthcare and the citizenship of those members. See Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007) ("For diversity jurisdiction purposes, the citizenship of an LLC is the citizenship of each of its members. Consequently, an LLC's jurisdictional statement must identify the citizenship of each of its members as of the date the complaint or notice of removal was filed, and, if those members have members, the citizenship of those members as well.") (citation omitted). Plaintiff is DIRECTED to show cause, in writing, by Friday, September 20, 2019, why this action should not be dismissed for lack of subject matter jurisdiction. Entered by Judge Sue E. Myerscough on 9/5/2019. (MJC, ilcd)
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Filing 2
REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to BRAD E. HOLLINGER, LLC Manager; 4600 Lena Drive; Ste 225; Mechanicsburg, PA 17055 on 09/04/2019. (DelGiorno, Anthony)
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Filing 1
COMPLAINT against VIBRA HOSPITAL OF SPRINGFIELD, LLC (Filing fee $ 400.), filed by Jerry Biggart. (Attachments: #1 Exhibit)(DelGiorno, Anthony) (Additional attachment(s) added on 9/4/2019: #2 Civil Cover Sheet) (GL, ilcd).
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| Defendant: VIBRA HOSPITAL OF SPRINGFIELD, LLC | |
| Represented By: | Robert E O'Malley |
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| Plaintiff: Jerry Biggart | |
| Represented By: | Anthony J DelGiorno |
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