Loburgio et al v. KIA America, Inc. et al
| Ms. Erica Loburgio, Anthony Loburgio, Michael Flannagan and Jessica Mitchell |
| KIA America, Inc., Hyundai Motor America and Hyundai Kia America Technical Center, Inc. |
| 1:2022cv04071 |
| August 4, 2022 |
| US District Court for the Northern District of Illinois |
| Robert W Gettleman |
| John J Tharp |
| Prop. Damage Prod. Liability |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Both |
Docket Report
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| Filing 14 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Chelsea McClain Pierce's motion for leave to appear pro hac vice #13 is granted. Counsel is directed to file her appearance on behalf of the plaintiffs. Mailed notice (air, ) |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19871195. (Attachments: #1 Exhibit Certificate of Good Standing)(Mulholland, Toby) |
| Filing 12 PETITION by Plaintiff McNerney for transfer and consolidation of related actions in the Central District of California under 28 U.S.C. 1407. (daj, ) |
| Filing 11 AMENDED complaint by Erica Loburgio, Anthony Loburgio, Jessica Mitchell against All Defendants (Stanley, Kevin) |
| Filing 10 ATTORNEY Appearance for Plaintiffs Michael Flannagan, Anthony Loburgio, Erica Loburgio by Toby Patrick Edwin Mulholland by Jonathan M. Soper (Mulholland, Toby) |
| Filing 9 ATTORNEY Appearance for Plaintiffs Michael Flannagan, Anthony Loburgio, Erica Loburgio by Kevin D. Stanley (Stanley, Kevin) |
| Filing 8 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Jonathan M. Soper's motion for leave to appear pro hac vice #4 is granted. Counsel is directed to file his appearance on behalf of the plaintiffs. Mailed notice (air, ) |
| Filing 7 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Kevin D. Stanley's motion for leave to appear pro hac vice #4 is granted. Counsel is directed to file his appearance on behalf of the plaintiffs. Mailed notice (air, ) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19757557. (Attachments: #1 Exhibit Certificate of Good Standing)(Mulholland, Toby) |
| Filing 5 MINUTE entry before the Honorable John J. Tharp, Jr: On the court's own motion, the complaint is dismissed without prejudice for lack of subject matter jurisdiction. Plaintiffs allege the citizenships of the defendants on the basis of "information and belief." That is insufficient to invoke diversity jurisdiction. See Qin v. Deslongchamps, 31 F.4th 576, 578 (7th Cir. 2022) (citing Page v. Wright, 116 F.2d 449, 451 (7th Cir. 1940); Pharmerica Corp. v. Crestwood Care, LLC, No. 13 C 1422, 2015 WL 1006683, at *3 (N.D. Ill. Mar. 2, 2015) ("[I]t is not sufficient to assert jurisdiction based on information and belief nor is it sufficient to negatively aver that the person or entity is not a citizen of Delaware or Kentucky."). The Court orders the plaintiffs to file an amended complaint affirmatively alleging the citizenship of all parties by August 31, 2022. Failure to timely amend will result in dismissal of this case. Mailed notice (air, ) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19749795. (Stanley, Kevin) |
| Filing 3 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John J. Tharp, Jr for all further proceedings. Honorable Robert W. Gettleman no longer assigned to the case pursuant to the provisions of 28 USC 294(b). Signed by Executive Committee on 08/05/2022.(daj, ) |
| Filing 2 COMPLAINT Class Action Complaint & Demand for Jury Trial filed by Erica Loburgio, Michael Flannagan, Anthony Loburgio; jury demand. Filing fee $ 402, receipt number AILNDC-19714311.(Mulholland, Toby) |
| Filing 1 Civil Cover Sheet by Michael Flannagan, Anthony Loburgio, Erica Loburgio (Mulholland, Toby) |
| 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. (smb, ) |
| CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (smb, ) |
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