O'Hara v. GCP Applied Technologies Inc.
| Heather O'Hara |
| GCP Applied Technologies Inc. |
| 1:2019cv07207 |
| November 1, 2019 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on December 22, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 MINUTE entry before the Honorable Matthew F. Kennelly: The order just entered is vacated. It appears that there are two jurisdictional issues in this case, not one. First, plaintiff's complaint, which was filed in federal court based on diversity of citizenship, alleges only the plaintiff's state of residence, not her state of citizenship. The two are not necessarily the same. Second, the amount in controversy appears to consist of claimed actual an d statutory damages amounting to just under $65,000, plus statutory attorney's fees under the Illinois Wage Payment and Collection Act of at least $21,000. But the general rule is that attorney's fees count for jurisdictional purposes only when they "are sought as part of an underlying claim, rather than pursuant to a separate post-judgment right to 'costs' or 'fees' incurred in the litigation." El v AmeriCredit Fin. Servs., Inc., 710 F.3d 748, 753 (7th Cir. 2013). The latter appears to be the case here. Plaintiff is ordered to show cause in writing by no later than 1/6/2020 why the case should not be dismissed for lack of federal subject matter jurisdiction. The case remains set for a status hearing on 1/8/2020 as previously ordered. (mk) |
| Filing 11 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's complaint, which was filed in federal court based on diversity of citizenship, alleges only the state of residence of plaintiff, not her state of citizenship. The two are not necessarily the same. Plaintiff is directed to file an amended complaint by 1/3/2020 correcting the citizenship allegation. (mk) |
| Filing 10 MINUTE entry before the Honorable Matthew F. Kennelly: Initial status hearing is set to 9:00 a.m. on 1/8/2020 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page, located at http://www.ilnd.uscourts.gov/_assets/_documents/_forms/_JUDGES/KENNELLY/INIT-ORD.htm. (mk) |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by GCP Applied Technologies Inc. (Attachments: #1 Exhibit A)(Kay, Jennifer) |
| Filing 8 ANSWER to Complaint by GCP Applied Technologies Inc.(Kay, Jennifer) |
| Filing 7 MINUTE entry before the Honorable Matthew F. Kennelly: Defendant's unopposed motion for extension of time #5 is granted; response to complaint is to be filed by 12/13/2019. (mk) |
| Filing 6 NOTICE of Motion by Jennifer Helen Kay for presentment of motion for extension of time to file answer #5 before Honorable Matthew F. Kennelly on 12/3/2019 at 09:30 AM. (Kay, Jennifer) |
| Filing 5 MOTION by Defendant GCP Applied Technologies Inc. for extension of time to file answer - DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD - (Kay, Jennifer) |
| Filing 4 ATTORNEY Appearance for Defendant GCP Applied Technologies Inc. by Jennifer Helen Kay (Kay, Jennifer) |
| SUMMONS Issued as to Defendant GCP Applied Technologies Inc. (acm, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Heather O'Hara by Lema A Khorshid (Khorshid, Lema) |
| Filing 2 CIVIL Cover Sheet (Khorshid, Lema) |
| Filing 1 COMPLAINT filed by Heather O'Hara ; Filing fee $ 400, receipt number 0752-16399690. (Attachments: #1 Exhibit A)(Khorshid, Lema) |
| CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (acm, ) |
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| Plaintiff: Heather O'Hara | |
| Represented By: | Lema A Khorshid |
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| Defendant: GCP Applied Technologies Inc. | |
| Represented By: | Jennifer Helen Kay |
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