CIT Bank N.A. v. K-Com Transportation Services, Inc. et al
CIT Bank N.A. |
FE Equipment Holdings Inc. and K-Com Transportation Services, Inc. |
1:2018cv08250 |
December 17, 2018 |
US District Court for the Northern District of Illinois |
Ronald A Guzman |
Contract: Negotiable Instrument |
28 U.S.C. ยง 1330 |
None |
Docket Report
This docket was last retrieved on January 16, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 4 MINUTE entry before the Honorable Ronald A. Guzman: The Court orders the parties to appear for an initial status hearing. All parties shall refer to and comply with Judge Guzman's requirements for the initial appearance as outlined in Judge Guzman's case management procedures, which can be found at: www.ilnd.uscourts.gov. Initial status hearing set for 3/6/2019 at 09:30 AM. Mailed notice (is, ) |
Filing 3 AMENDED complaint by CIT Bank N.A. against All Defendants (Attachments: #1 Exhibit Exhibits)(Emanuel, Robert) |
Filing 2 MINUTE entry before the Honorable Ronald A. Guzman: This is an action for breach of contract and detinue. The complaint is premised on diversity jurisdiction but is deficient with respect to the parties' citizenships. Plaintiff is alleged to be a national bank. A national bank is a citizen of the state designated in its articles of association as the place of its main office. Wachovia Bank v. Schmidt, 546 U.S. 303, 318 (2006). Plaintiff fails to allege what state is designated in its articles of association as the location of its main office. Furthermore, the two defendants are alleged to be corporations. The citizenship of a corporation is determined by both its state of incorporation and its principal place of business. Dalton v. Teva N. Am., 891 F.3d 687, 690 (7th Cir. 2018). Plaintiff fails to allege the defendants' states of incorporation. Plaintiff also fails to allege the principal place of business of defendant FE Equipment Holdings, Inc. Accordingly, plaintiff is given leave to file by 12/21/2018 an amended complaint that properly alleges the parties' citizenships. If nothing is filed by that date, or if the amended complaint still does not properly allege the parties' citizenships, this action may be dismissed for want of subject-matter jurisdiction. Mailed notice (is, ) |
Filing 1 COMPLAINT filed by CIT Bank N.A.; Filing fee $ 400, receipt number 0752-15285295. (Attachments: #1 Exhibit 1-3, #2 Civil Cover Sheet)(Emanuel, Robert) |
CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (jjr, ) |
SUMMONS Issued as to Defendants FE Equipment Holdings Inc., K-Com Transportation Services, Inc. (jjr, ) |
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