Ohimai-Green v. Cook's Auto Body, Inc. et al
| Stephan Ohimai-Green |
| Mid-State Transmission Service, Inc. and Cook's Auto Body, Inc. |
| 1:2018cv07464 |
| November 9, 2018 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 27, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 TRANSFERRED to the Central District of Illinois the electronic record. (tt, ) |
| ELECTRONIC Acknowledgement of case transferred to the CENTRAL DISTRICT OF ILLINOIS as case 1:18-cv-01461, filed 12/27/2018. (nsf, ) |
| Filing 7 MINUTE entry before the Honorable John Robert Blakey: At Plaintiff's request, and in light of the allegations in the complaint as highlighted in the Court's 11/21/18 order #5 , Plaintiff's motion for transfer #6 is granted. Consistent with 28 U.S.C. 1406(a), the Court transfers this case to the United States District Court for the Central District of Illinois. The 12/4/18 hearing date is stricken, and the parties need not appear. Mailed notice (gel, ) |
| Filing 6 MOTION by Plaintiff Stephan Ohimai-Green to transfer case to Central District Court of Illinois (Fiedler, Kenneth) |
| Filing 5 MINUTE entry before the Honorable John Robert Blakey: In this diversity case, Plaintiff, a citizen of Colorado, has sued two auto repair shops located in Normal, Illinois, for injuries and damages he alleges he sustained as a result of Defendants' negligence. The Court's initial review of Plaintiff's complaint suggests that venue here is improper. Generally, a civil action "may be brought in--(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action." 28 U.S.C. 1391(b). Moreover, "in a State which has more than one judicial district and in which a defendant that is a corporation is subject to personal jurisdiction at the time an action is commenced, such corporation shall be deemed to reside in any district in that State within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate State, and, if there is no such district, the corporation shall be deemed to reside in the district within which it has the most significant contacts." 28 U.S.C. 1391(b). Here, Plaintiff alleges that the Defendants reside in Normal, Illinois, which is located in the Central District of Illinois. Plaintiff's complaint does not disclose the location of the accident that caused Plaintiff to seek Defendants' services. But common sense suggests that it likely occurred somewhere in or around Normal, meaning that this case has no connection to this District. The case is set for a hearing on 12/4/18 at 9:45 a.m. in Courtroom 1203. At that time, Plaintiff should be prepared to address the venue issue and to show cause why this case should not be dismissed or transferred under 28 U.S.C. 1406(a). Mailed notice (gel, ) |
| Filing 4 PAYMENT regarding #1 of Filing fee $ 400, receipt number 0752-15173256. (Fiedler, Kenneth) |
| Filing 3 ATTORNEY Appearance for Plaintiff Stephan Ohimai-Green by Kenneth Fiedler (Fiedler, Kenneth) |
| Filing 2 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (mc, ) |
| SUMMONS Issued as to Defendants Cook's Auto Body, Inc., Mid-State Transmission Service, Inc. (yt) |
| Filing 1 COMPLAINT filed by Stephan Ohimai-Green; Jury Demand. (Attachments: #1 Civil Cover Sheet)(Fiedler, Kenneth) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Young B. Kim. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (ec, ) |
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