Celette, Inc. v. Dias Da Costa
| Celette, Inc. |
| Bastien Dias Da Costa |
| 1:2019cv02410 |
| April 9, 2019 |
| US District Court for the Northern District of Illinois |
| Ronald A Guzman |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Filing 11 MINUTE entry before the Honorable Ronald A. Guzman: This is an action for breach of fiduciary duty, fraud, unjust enrichment, tortious interference with prospective economic advantage, and an accounting. The complaint is premised on diversity jurisdiction; plaintiff, a citizen of Illinois, states "[o]n information and belief" that defendant is a French foreign national who is not lawfully admitted for permanent residence in the United States. Defendant filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(1) for lack of diversity jurisdiction in which he asserts that he is lawfully admitted for permanent residence in the United States and domiciled in Illinois. Under 28 U.S.C. 1332(a)(2), the district court does not have diversity jurisdiction in an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State. Plaintiff has filed a response to defendant's motion in which it states that it concedes the motion. Accordingly, defendant's unopposed motion to dismiss this action for lack of diversity jurisdiction #6 is granted. Any pending schedules in this case are stricken as moot. Civil case terminated. Mailed notice (is, ) |
| Filing 10 RESPONSE by Celette, Inc. to MOTION by Defendant Bastien Dias Da Costa to dismiss for lack of jurisdiction -no diversity #6 (Glass, Jeffrey) |
| Filing 9 ATTORNEY Appearance for Defendant Bastien Dias Da Costa by Julie Herrera (Herrera, Julie) |
| Filing 8 MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff's response to Defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction #6 due by 5/31/2019. Ruling will be made electronically. Motion hearing noticed for 5/28/2019 is stricken and no appearance is necessary. Mailed notice (is, ) |
| Filing 7 NOTICE of Motion by Julie Herrera for presentment of motion to dismiss/lack of jurisdiction #6 before Honorable Ronald A. Guzman on 5/28/2019 at 09:30 AM. (Herrera, Julie) |
| Filing 6 MOTION by Defendant Bastien Dias Da Costa to dismiss for lack of jurisdiction -no diversity (Attachments: #1 Exhibit A)(Herrera, Julie) |
| Filing 5 SUMMONS Returned Executed by Celette, Inc. as to Bastein Dias Da Cesta on 4/27/2019, answer due 5/20/2019. (Glass, Jeffrey) (Docket Text Modified by Clerk's Office) (smm, ). |
| 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 6/6/2019 at 09:30 AM. Mailed notice (is, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Celette, Inc. by William Silas Hackney (Hackney, William) |
| CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (lma, ) |
| SUMMONS Issued as to Defendant Bastien Dias Da Costa (mc, ) |
| Filing 2 ATTORNEY Appearance for Plaintiff Celette, Inc. by Jeffrey Michael Glass (Glass, Jeffrey) |
| Filing 1 COMPLAINT filed by Celette, Inc.; Filing fee $ 400, receipt number 0752-15696083. (Attachments: #1 Civil Cover Sheet, #2 Exhibit plaintiff LR 3.2 notification as to affiliates)(Glass, Jeffrey) |
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| Defendant: Bastien Dias Da Costa | |
| Represented By: | Julie Herrera |
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| Plaintiff: Celette, Inc. | |
| Represented By: | Jeffrey Michael Glass |
| Represented By: | William Silas Hackney |
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