Goldsmith v. Transworld Systems Inc.
| Robert Goldsmith |
| Transworld Systems Inc. |
| 1:2022cv03799 |
| July 22, 2022 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| None |
Docket Report
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| Document Text |
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| Filing 17 ENTERED JUDGMENT signed by the Honorable John F. Kness on 8/25/2022. Mailed notice (ags) |
| Filing 16 MINUTE entry before the Honorable John F. Kness: Defendant's motion to remand #15 is granted for the reasons stated in the motion. (See also Dkt. #14 .) Case remanded to the Circuit Court of Cook County, Illinois. Enter separate judgment order. Hearing set for 9/15/2022 stricken. Civil case terminated. Mailed notice (ags) |
| Filing 15 MOTION by Defendant Transworld Systems Inc. to remand to Circuit Court of Cook County, Illinois (Attachments: #1 Proposed Order)(Roth, Brian) |
| Filing 14 MINUTE entry before the Honorable John F. Kness: The Court has now reviewed the complaint and notice of removal. Defendant's removal of this action is premised on the existence of a "federal question": Defendant's alleged violation of the Federal Debt Collection Practices Act (FDCPA). (Dkt. 2, para. 3; see Dkt. 2-1.) Even under the FDCPA, "Congress must remain within the bounds of Article III in creating causes of action for intangible injuries, and even when it does, not every statutory violation implicates an interest that Congress sought to protect." Wadsworth v. Kross, Lieberman & Stone, Inc., 12 F.4th 665, 667 (7th Cir. 2021). Among other things, the Seventh Circuit has addressed standing under the FDCPA on numerous occasions in recent years. See, e.g., Wadsworth, 12 F.4th at 665; Nettles v. Midland Funding LLC, 983 F.3d 896 (7th Cir. 2020); Brunett v. Convergent Outsourcing, Inc., 982 F.3d 1067, 1069 (7th Cir. 2020); Markakos v. Medicredit, Inc., No. 20-2351, 2021 WL 1937267 (7th Cir. May 14, 2021); Smith v. GC Servs. Ltd. P'ship, 986 F.3d 708 (7th Cir. 2021); Bazile v. Fin. Sys. of Green Bay, Inc., 983 F.3d 274 (7th Cir. 2020); Larkin v. Fin. Sys. of Green Bay, Inc., 982 F.3d 1060 (7th Cir. 2020); Spuhler v. State Collection Serv., Inc., 983 F.3d 282 (7th Cir. 2020). From a review of Plaintiff's complaint, it is not clear that Plaintiff's state court complaint has alleged an injury sufficient to confer standing, and thus jurisdiction, in this Court. As the "party removing the case to federal court," Defendant has "the initial burden of establishing by a preponderance of evidence" that such jurisdiction exists. Carroll v. Stryker Corp., 658 F.3d 675, 680 (7th Cir. 2011). Accordingly, Defendant must file a short jurisdictional memorandum outlining the basis of the Court's jurisdiction within one week of entry of this order; Plaintiff may (but is not required to) file a simultaneous memorandum. Alternatively, if Defendant believes the complaint does not adequately allege standing sufficient to confer jurisdiction, Defendant may move to remand the present case back to state court. The status hearing set for 8/26/2022 is stricken and reset to 9/15/2022 at 09:50 AM. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, ) |
| Filing 13 STATUS Report (Joint Initial) by Robert Goldsmith (Thompson, Bryan) |
| Filing 12 ANSWER to Complaint by Transworld Systems Inc.(Roth, Brian) |
| Filing 11 ATTORNEY Appearance for Defendant Transworld Systems Inc. by Brian D. Roth (Roth, Brian) |
Filing 10
ORDER signed by the Honorable John F. Kness on 8/5/2022: Telephonic initial status hearing is set for 8/26/2022 at 9:50 AM. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. No later than ten days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice(ef, )
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| Filing 9 MINUTE entry before the Honorable John F. Kness: Defendant's Unopposed Motion for extension of time to answer #8 is granted. Defendant must answer or otherwise plead to Plaintiff's complaint on or before 8/12/2022. Mailed notice (ef, ) |
| Filing 8 MOTION by Defendant Transworld Systems Inc. for extension of time to file answer unopposed (Bruggenthies, George) |
| Filing 7 ATTORNEY Appearance for Defendant Transworld Systems Inc. by James Kevin Schultz (Schultz, James) |
| Filing 6 MAILED Notice of Removal letter to counsel of record. (rc, ) (rc, ). |
| 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. (rc, ) |
| Filing 5 ATTORNEY Appearance for Plaintiff Robert Goldsmith by Robert W. Harrer (Harrer, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff Robert Goldsmith by Bryan Paul Thompson (Thompson, Bryan) |
| Filing 3 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Transworld Systems Inc. (Bruggenthies, George) |
| Filing 2 NOTICE of Removal from Circuit Court of Cook County, case number (2022-M1-111102) filed by Transworld Systems Inc. Filing fee $ 402, receipt number AILNDC-19673680. (Attachments: #1 Exhibit A-State Court Complaint, #2 Exhibit B-State Court Docket, #3 Civil Cover Sheet)(Bruggenthies, George) |
| Filing 1 ATTORNEY Appearance for Defendant Transworld Systems Inc. by George Michael Bruggenthies (Bruggenthies, George) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (ak, ) |
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| Plaintiff: Robert Goldsmith | |
| Represented By: | Bryan Paul Thompson |
| Represented By: | Robert W. Harrer |
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| Defendant: Transworld Systems Inc. | |
| Represented By: | George Michael Bruggenthies |
| Represented By: | Brian D. Roth |
| Represented By: | James Kevin Schultz |
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