Bell v. Safeway Insurance Company
| Karl Andre Bell |
| Safeway Insurance Company |
| 1:2021cv06522 |
| December 7, 2021 |
| US District Court for the Northern District of Illinois |
| Robert M Dow |
| Contract: Insurance |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Document Text |
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| Filing 8 STATEMENT by Karl Andre Bell. (Incorrect Case Number on Document) (jh, ) |
| Filing 7 COMPLAINT filed by Karl Andre Bell. (jh, ) |
Filing 6
ORDER: Plaintiff's motion for leave to proceed in forma pauperis #4 is granted based on an adequate showing of indigency. However, for the reasons stated below, summons will not be issued at this time and Plaintiff is given until 1/11/2022 to show cause in writing why this case should not be dismissed for lack of jurisdiction. From the face of Plaintiff's complaint #1 , it seems very doubtful that this Court has jurisdiction over this case. Federal courts have limited jurisdiction. The allegations of the complaint are, in substance, that Plaintiff is in a dispute with his insurance company over his car. Plaintiff claims that his car went missing in late June or early July. He called the towing company for his parking lot and the police to no avail. He recently learned that the car has been in the possession of his insurance company since July 5, 2021. He asks to come to court to explain the situation and feels that the insurance company is taking advantage of him. Unlike state courts, which have subject matter jurisdiction over a broad assortment of causes and claims, the jurisdiction of federal courts is limited. Nothing in this complaint #1 suggests any basis for a claim that arises out of the Constitution or laws of the United States, so federal question jurisdiction does not appear to be likely. Diversity jurisdiction also does not seem likely to exist. Even if Plaintiff, who lists an address in Chicago, and Defendant, an insurance company, are domiciled in different states, it seems very implausible that Plaintiff could satisfy the $75,000 amount in controversy requirement given that the item at issue is a used car. To the extent that Plaintiff may have a viable claim assuming the truth of the allegations in the complaint, it may be for conversion or a violation of state consumer protection laws, both of which would only be cognizable in state court absent diversity jurisdiction. For these reasons, Plaintiff is given until 1/10/2022 to show cause in writing why this case should not be dismissed for lack of jurisdiction. Plaintiff can comply with this order either by (a) filing a statement showing a basis for either federal question or diversity jurisdiction or (b) filing a notice that he wishes to dismiss this case without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i). Plaintiff is advised that the resources of the Court's Pro Se Help Desk on the 20th Floor of the Dirksen Courthouse are available by appointment to provide assistance concerning the Court's rules, procedures, and filing requirements. The Court will defer ruling on Plaintiff's motion for appointment of attorney #5 and a summons will not issue until the Court has received Plaintiff's response to the Court's order to show cause. If Plaintiff chooses to voluntarily dismiss this case, he may refile the lawsuit in state court within one year under 735 ILCS 5/13-217. If Plaintiff does not comply with this order, the case will be dismissed for lack of jurisdiction. Signed by the Honorable Robert M. Dow, Jr on 12/10/2021. Mailed notice (jh, )
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| Filing 5 MOTION by Plaintiff Karl Andre Bell for attorney representation (ma,) |
| Filing 4 APPLICATION by Plaintiff Karl Andre Bell for leave to proceed in forma pauperis (ma,) |
| Filing 3 PRO SE Appearance by Plaintiff Karl Andre Bell (ma,) |
| Filing 2 CIVIL Cover Sheet (ma,) |
| Filing 1 RECEIVED Complaint and 1 copy by Karl Andre Bell (ma,) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ma,) |
| CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (ma,) |
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| Plaintiff: Karl Andre Bell | |
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| Defendant: Safeway Insurance Company | |
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