Landmark American Insurance Company vs Jax Financial Servicing LLC, et al
| Landmark American Insurance Company |
| Jax Financial Services LLC, Anna Mommsen, Bank Financial National Association and Jax Financial Servicing LLC |
| 1:2022cv03446 |
| July 1, 2022 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Contract: Insurance |
| 28 U.S.C. § 2201 Declaratory Judgement |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 22, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 13 SUMMONS Returned Executed by Landmark American Insurance Company as to Anna Mommsen on 8/16/2022, answer due 9/6/2022. (Mintzer, Michael) |
| Filing 12 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's disclosure statement, R. 9, was entered as a motion on CM/ECF. It is terminated because it is not a motion. On review of the Jurisdictional Statement, R. 10, diversity of citizenship is now properly alleged. On review of the status report, R. 11, the Plaintiff shall continue service (or waiver) efforts as to individual Defendant Mommsen. The Plaintiff and the already-served Defendants shall file a joint initial status report by 09/09/2022. The tracking status hearing of 08/26/2022 is reset to 09/16/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (Attachments: #1 Status Report Requirements) (mw, ) |
| Filing 11 STATUS Report Initial Status Report by Landmark American Insurance Company (Mintzer, Michael) |
| Filing 10 Plaintiff's Jurisdictional Statement STATEMENT by Landmark American Insurance Company (Mintzer, Michael) |
| Filing 9 MOTION by Plaintiff Landmark American Insurance Company for disclosure Plaintiff's Corporate Disclosure Statement (Mintzer, Michael) |
| Filing 8 WAIVER OF SERVICE returned executed by Landmark American Insurance Company. Bank Financial National Association waiver sent on 7/7/2022, answer due 9/5/2022. (Mintzer, Michael) |
| Filing 7 SUMMONS Returned Executed by Landmark American Insurance Company as to Jax Financial Servicing LLC on 8/10/2022, answer due 8/31/2022. (Mintzer, Michael) |
| SUMMONS Issued as to Defendants Bank Financial National Association, Jax Financial Servicing LLC, Anna Mommsen, Plaintiff Landmark American Insurance Company (smb, ) |
| Filing 6 MINUTE entry before the Honorable Edmond E. Chang: On review of the complaint, R. 1, the Court poses the following jurisdictional inquiry. For subject matter jurisdiction, the Plaintiff relies on diversity jurisdiction, 28 U.S.C. 1332; R. 1 para. 9. The Plaintiff alleges that it is a corporation organized in Oklahoma with its principal place of business in Georgia. Id. para. 4. The Plaintiff then alleges that Defendant Jax is a limited liability company with its principal place of business in Illinois and that "[e]ach member of Jax is a citizen of a state other than Oklahoma and Georgia." Id. para. 5. But then the complaint alleges that Defendant Mommsen is the "sole" member of Jax and that she "resides" in Wyoming. Id. para. 6. Because subject matter jurisdiction is an indispensable requirement, further clarification is needed. First, the reference to "each member" of Jax is arguably inconsistent with alleging that Mommsen is the "sole" member of Jax. Second, the Plaintiff must affirmatively identify the members of Jax and their citizenship; it is not sufficient to say that each member is not a citizen of certain states. Id. para. 5. See Meyerson v. Showboat Marina Casino P'ship, 312 F.3d 318, 321 (7th Cir. 2002); Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007) (ordering disclosure of each members' identities and citizenship). Lastly, the Plaintiff alleges that Mommsen "resides" in Wyoming, this also is insufficient because the citizenship of parties--as distinct from residencyis what matters. Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012) (diversity citizenship depends on State of domicile, not residency); Hunter v. Amin, 583 F.3d 486, 491 (7th Cir. 2009). On or before 08/17/2022, the Plaintiff shall file a Jurisdictional Statement with either the necessary allegations or an explanation of why the current allegations are sufficient. Emailed notice (mw, ) |
| Filing 5 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 08/26/2022 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 08/16/2022. Plaintiff must still file the report even if Defendants have not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (mw, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Landmark American Insurance Company by Kevin Austin Lahm (Lahm, Kevin) |
| Filing 3 ATTORNEY Appearance for Plaintiff Landmark American Insurance Company by Michael Andrew Mintzer (Mintzer, Michael) |
| Filing 2 CIVIL Cover Sheet (Mintzer, Michael) |
| Filing 1 COMPLAINT for Declaratory Judgment filed by Landmark American Insurance Company; Filing fee $ 402, receipt number AILNDC-19616013. (Attachments: #1 Exhibit Exhibit 1, 1 of 2 - Underlying Lawsuit, #2 Exhibit Exhibit 1, 2 of 2 - Underlying Lawsuit, #3 Exhibit Exhibit 2, Jax 22-23 Policy, #4 Exhibit Exhibit 3, 19-20 Policy, #5 Exhibit Exhibit 4, 20-21 Policy)(Mintzer, Michael) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (kra, ) |
| 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. (kra, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
