J.N., et al. v. Abbott Laboratories, Inc.
| J.N. by and through his natural father and guardian, Abraham Neuberger and Abraham Neuberger, individually, J.N. and Abraham Neuberger |
| Abbott Laboratories, Inc. |
| 1:2022cv05029 |
| September 15, 2022 |
| US District Court for the Northern District of Illinois |
| Mary M Rowland |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Filing 8 MINUTE entry before the Honorable Mary M. Rowland: In the status report previously ordered (see Dkt. 7), parties should indicate if they believe this case is related to the MDL in this district, case no. 22-cv-00071. Mailed notice. (dm, ) |
| Filing 7 MINUTE entry before the Honorable Mary M. Rowland: On or before 11/29/22, the parties shall file a joint initial status report. A template for the Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Rowland's name and then again on the link entitled 'Initial Status Conference.' The litigants are further ordered to review all of Judge Rowland's standing orders and the information available on her webpage. The court will enter a scheduling order in response. Mailed notice. (dm, ) |
| Filing 6 MINUTE entry before the Honorable Mary M. Rowland: Plaintiff having established #5 , at least for pleading purposes, the basis for federal jurisdiction, Plaintiff has complied with this Court's order #4 requiring a jurisdictional supplement as to subject matter jurisdiction. Mailed notice. (dm, ) |
| Filing 5 SUPPLEMENT to text entry,,,,,, #4 , complaint #1 (Kraft, Kristine) |
| Filing 4 MINUTE entry before the Honorable Mary M. Rowland: In Plaintiff's complaint (Dkt. 1), Plaintiff alleges that this Court has diversity jurisdiction in this case and that Abraham Neuberger is a resident of New York and Defendant is headquartered in this District. Plaintiff alleges that "Defendant is a citizen of a state other than the state in which Plaintiffs are citizens." First, Plaintiffs must allege their citizenships. Plaintiff is reminded that allegations of residence, as opposed to citizenship, are not sufficient to establish diversity jurisdiction. Slottke v. Wis. Dep't of Workforce Dev., 734 F. App'x 354, 355 (7th Cir. 2018). For individuals, "[c]itizenship means domicile (the person's long-term plan for a state of habitation) rather than just current residence." Myrick v. WellPoint, Inc., 764 F.3d 662, 664 (7th Cir. 2014). Second, as to Abbott, because Plaintiff is naming a corporation, "a corporation is a citizen of two states (though they may coincide): the state in which the corporation is incorporated and the state in which its principal place of business is located." Pastor v. State Farm Mut. Auto. Ins. Co., 487 F.3d 1042, 1047 (7th Cir. 2007). In light of Plaintiffs' invocation of diversity jurisdiction as the basis for federal jurisdiction, on or before 10/7/22, Plaintiffs shall file a jurisdictional supplement, as a separate docket entry. If Plaintiffs fail to file this supplement as directed, the case may be dismissed for lack of subject-matter jurisdiction. Mailed notice. (dm, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff J.N. by and through his natural father and guardian, Abraham Neuberger and Abraham Neuberger, individually by Kristine K. Kraft (Kraft, Kristine) |
| Filing 2 CIVIL Cover Sheet (Kraft, Kristine) |
| Filing 1 COMPLAINT filed by J.N. by and through his natural father and guardian, Abraham Neuberger and Abraham Neuberger, individually; Yes. Filing fee $ 402, receipt number AILNDC-19845738.(Kraft, Kristine) |
| 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 Mary M. Rowland. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (ak, ) |
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