RFA Investors, L.P. v. Jamison
| RFA Investors, L.P. |
| Charles H. Jamison |
| 1:2022cv01582 |
| March 25, 2022 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on May 9, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 MINUTE entry before the Honorable John J. Tharp, Jr:The defendant's unopposed motion for an extension of time #10 is granted. The defendant's answer or other responsive pleading is due by 6/3/2022. Mailed notice (air, ) |
| Filing 10 MOTION by Defendant Charles H. Jamison for extension of time to file answer regarding amended complaint #6 or otherwise plead (Levine, Karen) |
| Filing 9 ATTORNEY Appearance for Defendant Charles H. Jamison by Mary Eileen Cunniff Wells (Wells, Mary) |
| Filing 8 ATTORNEY Appearance for Defendant Charles H. Jamison by Karen L. Levine (Levine, Karen) |
| Filing 7 SUMMONS Returned Executed by RFA Investors, L.P. as to Charles H. Jamison on 4/22/2022, answer due 5/13/2022. (Campbell, Andrew) |
| Filing 6 AMENDED complaint by RFA Investors, L.P. against Charles H. Jamison (Attachments: #1 Exhibit Exhibit A)(Novack, Stephen) |
| Filing 5 MINUTE entry before the Honorable John J. Tharp, Jr: Upon the Court's initial review, the Complaint #1 is dismissed without prejudice for lack of subject matter jurisdiction. The members of the plaintiff's general partner are trusts, as are the limited partners; the suit asserts claims on behalf of the limited partnership comprising these trusts. As such, the relevant citizenship for establishing diversity jurisdiction is that of the trusts, not the trustees. The citizenship of a trust is determined by the citizenship of all of its members. RTP LLC v. ORIX Real Est. Cap., Inc., 827 F.3d 689, 691-92 (7th Cir. 2016). Plaintiff is granted leave to file an amended complaint identifying the citizenship of the members of each trust that is a member of the general partner or that is a limited partner of the plaintiff. This requires affirmative allegations of citizenship; a statement that none of the members of the relevant trusts is a citizen of Pennsylvania won't do. Dalton v. Teva N. Am., 891 F.3d 687, 690 (7th Cir. 2018). Any amended complaint is due by April 19, 2022. Mailed notice (ef, ) |
| SUMMONS Issued as to Defendant Charles H. Jamison (jxj, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff RFA Investors, L.P. by Stephen Novack (Novack, Stephen) |
| Filing 3 ATTORNEY Appearance for Plaintiff RFA Investors, L.P. by Andrew Dylan Campbell (Campbell, Andrew) |
| Filing 2 CIVIL Cover Sheet (Campbell, Andrew) |
| Filing 1 COMPLAINT filed by RFA Investors, L.P.; Filing fee $ 402, receipt number 0752-19283478. (Attachments: #1 Exhibit A)(Campbell, Andrew) |
| 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. (ak, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (ak, ) |
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| Plaintiff: RFA Investors, L.P. | |
| Represented By: | Stephen Novack |
| Represented By: | Andrew Dylan Campbell |
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| Defendant: Charles H. Jamison | |
| Represented By: | Karen L. Levine |
| Represented By: | Mary Eileen Cunniff Wells |
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