Corse et al v. Lendlease (US) Construction Inc.
| Tim Corse and Terese Corse |
| Lendlease (US) Construction Inc. |
| 1:2021cv04228 |
| August 9, 2021 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on September 20, 2021. A more recent docket listing may be available from PACER.
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| Filing 16 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's jurisdictional statement (Dckt. No. #15 ), which provided more information about the citizenship of the parties and the amount in controversy. Based on the facts submitted, the Court has diversity jurisdiction. Mailed notice. (jjr, ) |
| Filing 15 Plaintiffs' Court Ordered Jurisdictional STATEMENT by Tim Corse (Attachments: #1 Certificate of Service)(Davis, Sara) |
| Filing 14 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the supplemental jurisdictional statement filed by Defendant (Dckt. No. #13 ). By September 3, 2021, Plaintiffs must file a statement and reveal their citizenship as of the day of removal. Plaintiffs also much identify the amount in controversy in this action, meaning the amount that they are seeking from Defendant, and must break it down by category. At this juncture, the Court does not require a high level of detail, but the Court does not more details so that it can determine whether this case satisfies the amount-in-controversy requirement. Mailed notice. (jjr, ) |
| Filing 13 Supplemental Jurisdiction Statement by Lendlease (US) Construction Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gregory, Branden) |
| Filing 12 ATTORNEY Appearance for Defendant Lendlease (US) Construction Inc. by Brian Hugh Boyle, Jr (Boyle, Brian) |
| Filing 11 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the notice of removal and the accompanying complaint filed in the Circuit Court of Cook County. The case is about a fall that took place on a construction job site. Defendant invokes this Court's diversity jurisdiction. Defendant is a Florida corporation with a principal place of business in New York. The notice of removal alleges "[o]n information and belief," that "Plaintiffs are citizens of Illinois." That allegation is insufficient to give rise to federal jurisdiction. See America's Best Inns, Inc. v. Best Inns of Abilene, LP, 980 F.2d 1072, 1074 (7th Cir. 1992); State St. Bank & Trust Co. v. Morderosian, 234 F.3d 1274, at *2 (7th Cir. 2000) ("Conclusional allegations are insufficient. A court needs to know details, such as the state of incorporation and principal place of business of each corporate party."). "[A]ffidavits alleging citizenship based on 'the best of my knowledge and belief' are, by themselves, insufficient to show citizenship in a diversity case." Medical Assur. Co., Inc. v. Hellman, 610 F.3d 371, 376 (7th Cir. 2010); see also Thomas v. Guardsmark, LLC, 487 F.3d 531, 533 (7th Cir. 2007) ("[A]n appellant's naked declaration that there is diversity of citizenship is never sufficient."); Leggitt Wal-Mart Stores, Inc., 2010 WL 1416833, at *3 (S.D. Ill. 2010) (citing hordes of cases for the "extremely well settled" proposition that "allegations made on information and belief are insufficient to invoke the diversity jurisdiction of a federal court"). Also, it is not entirely clear that this case satisfies the amount in controversy requirement. Defendants alleges that it "reasonably believes that Plaintiffs seek damages in excess of $75,000." Plaintiff Corse apparently entered the jobsite to perform electrical equipment, and "was caused to trip and fall from materials, tools, and debris on the floor." See Cplt., at para. 7. The complaint does not appear to include any information about the seriousness of the injuries. The complaint also includes an ad damnum amount of $1,000. Maybe Plaintiff Corse will seek more in the case, but at this point, the Court does not appear to have a sufficient basis to determine that the amount in controversy exceeds $75,000. Accordingly, Defendant must file a supplemental jurisdictional statement by August 20, 2021. A failure to respond by the deadline will lead to remand. Mailed notice. (jjr, ) |
| Filing 10 MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by October 25, 2021. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, ) |
| Filing 9 ATTORNEY Appearance for Plaintiffs Terese Corse, Tim Corse by Sara Morgan Davis (Davis, Sara) |
| Filing 8 ATTORNEY Appearance for Plaintiff Tim Corse by Miguel A. Ruiz (Ruiz, Miguel) |
| Filing 7 MAILED Notice of Removal letter to counsel of record. (ec, ) |
| CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (td, ) |
| Filing 6 ANSWER to Complaint with Jury Demand by Lendlease (US) Construction Inc.(Gregory, Branden) |
| Filing 5 Corporate Disclosure FRCP 7.1 by Lendlease (US) Construction Inc. (Gregory, Branden) |
| Filing 4 ATTORNEY Appearance for Defendant Lendlease (US) Construction Inc. by Branden Allen Gregory (Gregory, Branden) |
| Filing 3 ATTORNEY Appearance for Defendant Lendlease (US) Construction Inc. by Mark E. Christensen (Christensen, Mark) |
| Filing 2 CIVIL Cover Sheet (Christensen, Mark) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (2021L006260) filed by Lendlease (US) Construction Inc. Filing fee $ 402, receipt number 0752-18548413. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Docket)(Christensen, Mark) |
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