SprintRay, Inc., a California Company v. Becker
| SprintRay, Inc., a California Company |
| Jay Becker |
| 1:2022cv02692 |
| May 20, 2022 |
| US District Court for the Northern District of Illinois |
| Jorge L Alonso |
| Contract: Other |
| 28 U.S.C. ยง 1330 Breach of Contract |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 12 MINUTE entry before the Honorable Jorge L. Alonso: A notice of voluntary dismissal has been filed. This case is dismissed without prejudice. Status hearing previously set for 9/7/22 is stricken. Civil case terminated. Notice mailed by Judge's staff (lf, ) |
| Filing 11 NOTICE of Voluntary Dismissal by SprintRay, Inc., a California Company without Prejudice Pursuant to Fed. R. Civ Proc. 41 (Dandelles, Stefan) |
| ALIAS Summons Issued as to Defendant Jay Becker. (kra, ) |
| SUMMONS Issued as to Defendant Jay Becker (emc, ) |
Filing 10
MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's motion for reconsideration #9 is granted. Plaintiff may proceed on its original complaint. Plaintiff to serve Defendant by 8/6/22. A status hearing is set for 9/7/22 at 9:30 AM. The parties are directed to file a joint status report in accordance with the Court's standing order by 9/2/22. Motion hearing date of 6/9/22 is stricken. Notice mailed by Judge's staff (lf, )
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| Filing 9 MOTION by Plaintiff SprintRay, Inc., a California Company for reconsideration (Daugherity, Paul) |
| Filing 8 SprintRay, Inc.'s NOTICE of Motion by Paul Wilson Daugherity for presentment of before Honorable Jorge L. Alonso on 6/9/2022 at 09:30 AM. (Daugherity, Paul) |
| Filing 7 MINUTE entry before the Honorable Jorge L. Alonso: The Court sua sponte dismisses this case for lack of subject matter jurisdiction. Plaintiff's complaint premises subject matter jurisdiction on the diversity jurisdiction statute. To establish diversity jurisdiction, the party asserting jurisdiction must allege, among other things, complete diversity between the plaintiff and defendant. 28 U.S.C. 1332. Here, although Plaintiff adequately alleges its own citizenship, it has not properly alleged the Defendant's citizenship. Plaintiff alleges that Defendant "was a resident of Chicago, Illinois." #1 . But "[c]itizenship depends not on residence but on domicile, which means the place where a person intends to live in the long run." RTP LLC v. ORIX Real Estate Capital, Inc., 827 F.3d 689, 692 (7th Cir. 2016). "We have been told by authority we are powerless to question that when the parties allege residence but not citizenship, the only proper step is to dismiss the litigation for want of jurisdiction." America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992). Accordingly, the Court dismiss Plaintiff's complaint for want of jurisdiction. Plaintiff is granted leave to file an amended complaint adequately alleging a basis for jurisdiction. Any such amended complaint shall be filed by June 17, 2022. Mailed notice (ags) |
| 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. (jxj, ) |
| CASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (jxj, ) |
| Filing 6 MOTION by Plaintiff SprintRay, Inc., a California Company for preliminary injunction (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Dandelles, Stefan) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by SprintRay, Inc., a California Company (Dandelles, Stefan) |
| Filing 4 ATTORNEY Appearance for Plaintiff SprintRay, Inc., a California Company by Stefan R. Dandelles (Dandelles, Stefan) |
| Filing 3 ATTORNEY Appearance for Plaintiff SprintRay, Inc., a California Company by Paul Wilson Daugherity (Daugherity, Paul) |
| Filing 2 CIVIL Cover Sheet (Daugherity, Paul) |
| Filing 1 COMPLAINT filed by SprintRay, Inc., a California Company; Jury Demand. Filing fee $ 402, receipt number AILNDC-19489534. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Daugherity, Paul) |
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| Plaintiff: SprintRay, Inc., a California Company | |
| Represented By: | Stefan R. Dandelles |
| Represented By: | Paul Wilson Daugherity |
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| Defendant: Jay Becker | |
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