Aranda v. Stoll et al
| Daniel A Aranda |
| Illinois Bell Telephone Company, Timothy David Stoll and Illinois Bell Telephone Company, LLC |
| 1:2021cv02914 |
| May 31, 2021 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| P.I.: Motor Vehicle |
| 28 U.S.C. § 1331 |
| Both |
Docket Report
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| Filing 22 ENTERED JUDGMENT Signed by the Honorable John J. Tharp, Jr on 9/2/2021:Mailed notice(air, ) |
| Filing 21 MINUTE entry before the Honorable John J. Tharp, Jr:Defendant's motion to dismiss for lack of subject matter jurisdiction #7 is granted. The claim in this case arises from a traffic accident and sounds in negligence; accordingly, there is no basis for this Court to exercise subject matter jurisdiction under 28 U.S.C. 1331. Aranda invokes this Court's diversity jurisdiction pursuant to 28 U.S.C. 1332, but there is not complete diversity among the parties. "The citizenship for diversity purposes of a limited liability company is the citizenship of each of its members." Wise v. Wachovia, 450 F.3d 265, 267 (7th Cir. 2006) (gathering cases stating this familiar rule). Aranda is a citizen of Texas. First Amended Complaint 1.1, ECF No. 4. Illinois Bell Telephone Company, LLC's sole member is AT&T Inc., a citizen of Texasit is incorporated in Delaware and has its principal place of business in Texas. Decl. of Paula M. Phillips 8, ECF No. 8-1. This case is accordingly dismissed without prejudice to the reassertion of Aranda's claims in a court that has subject matter jurisdiction over them. Civil case terminated. Enter judgment order. Mailed notice (air, ) |
| Filing 20 SUMMONS Returned Executed by Daniel A Aranda as to Timothy David Stoll on 8/18/2021, answer due 9/8/2021. (Gonzalez, Angel) |
| Filing 19 MOTION by Defendants Illinois Bell Telephone Company, LLC, Timothy David Stoll to stay responsive pleadings to plaintiff's first amended complaint (UNOPPOSED) (Bucko, Donna) |
| Filing 18 REPLY by Defendants Illinois Bell Telephone Company, LLC, Timothy David Stoll in Support of Motion to Dismiss Plaintiff's First Amended Complaint for Lack of Jurisdiction (Bucko, Donna) |
| Filing 17 AFFIDAVIT of Service filed by Plaintiff Daniel A Aranda regarding Summons in a Civil Case Plaintiff's First Amended Original Complaint served on Illinois Bell Telephone Company on August 20, 2021 (Gonzalez, Angel) |
| Filing 16 AFFIDAVIT of Service filed by Plaintiff Daniel A Aranda regarding Summons in a Civil Case Plaintiff's First Amended Original Complaint served on Illinois Bell Telephone Company, LLC on August 20, 2021 (Gonzalez, Angel) |
| Filing 15 RESPONSE by Daniel A Arandain Opposition to MOTION by Defendants Illinois Bell Telephone Company, LLC, Timothy David Stoll to dismiss for lack of jurisdiction #7 (Gonzalez, Angel) |
| Filing 14 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for leave to file a response #13 is granted. Plaintiff's response to the motion to dismiss is due 8/23/2021. Defendant's reply is due by 8/30/21. Mailed notice (air, ) |
| Filing 13 MOTION by Plaintiff Daniel A Aranda for leave to file Response (Attachments: #1 Text of Proposed Order Leave to file Plaintiff's Response to Defendants' Motion to Dismiss Plaintiff's First Amended Complaint and Memorandum of Law)(Gonzalez, Angel) |
| Filing 12 REPLY by Defendants Illinois Bell Telephone Company, LLC, Timothy David Stoll in Support of Motion to Dismiss Plaintiff's First Amended Complaint for Lack of Jurisdiction (Bucko, Donna) |
| Filing 11 MINUTE entry before the Honorable John J. Tharp, Jr:Defendant's Motion to Dismiss #7 is taken under advisement. Plaintiff response is due 8/9/21; reply due 8/16/21. Mailed notice (air, ) |
| Filing 10 ATTORNEY Appearance for Defendants Illinois Bell Telephone Company, LLC, Timothy David Stoll by Courtlan L. Coppler (Coppler, Courtlan) |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Illinois Bell Telephone Company, LLC (Bucko, Donna) |
| Filing 8 MEMORANDUM by Illinois Bell Telephone Company, LLC, Timothy David Stoll in support of motion to dismiss/lack of jurisdiction #7 (Attachments: #1 Exhibit Declaration of Paula M. Phillips, #2 Exhibit Declaration of Timothy David Stoll, #3 Exhibit Summons and Complaints)(Bucko, Donna) |
| Filing 7 MOTION by Defendants Illinois Bell Telephone Company, LLC, Timothy David Stoll to dismiss for lack of jurisdiction (Bucko, Donna) |
| Filing 6 ATTORNEY Appearance for Defendants Illinois Bell Telephone Company, LLC, Timothy David Stoll by Donna Marie Bucko (Bucko, Donna) |
| Filing 5 ATTORNEY Appearance for Defendants Illinois Bell Telephone Company, LLC, Timothy David Stoll by Martha A. Swatek (Swatek, Martha) |
| Filing 4 First AMENDED complaint by Daniel A Aranda against All Defendants (Gonzalez, Angel) |
| Filing 3 MINUTE entry before the Honorable John J. Tharp, Jr:The complaint fails to allege the citizenship (as opposed to residence) of the plaintiff and of defendant Stoll. Accordingly, the complaint is dismissed without prejudice. Plaintiff has leave to file an amended complaint on or before June 23, 2021 that adequately alleges diversity; the citizenship of individuals is determined by domicile, not residence. Mr. Gonzalez's motion to appear pro hac vice #2 is granted. Pursuant to Local Rule 83.15(b) Plaintiff's counsel must designate local counsel within 30 days. Mailed notice (air, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (acm, ) |
| Filing 2 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18301476. (Gonzalez, Angel) |
| Filing 1 COMPLAINT filed by Daniel A Aranda; Jury Demand. Filing fee $ 402, receipt number 0752-18301472. (Attachments: #1 Civil Cover Sheet)(Gonzalez, Angel) |
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