Reed v. Collector's Universe, Inc. et al
| John A. Reed |
| Collector's Universe, Inc., dba Professional Sports Authenticator, Michael S. Gutierrez, James J. Spence and Collector's Universe, Inc. a Delaware Corp. doing business as Professional Sports Authenticator |
| 1:2022cv05804 |
| October 21, 2022 |
| US District Court for the Northern District of Illinois |
| Mary M Rowland |
| Other Fraud |
| 28 U.S.C. § 1330 Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 19, 2022. A more recent docket listing may be available from PACER.
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| Filing 23 MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's response to Defendants' motions to dismiss #18 #21 is due 1/17/23.Defendants' reply is due 2/7/22. The court will rule by mail. Mailed notice. (dm, ) |
| Filing 22 MEMORANDUM by Collector's Universe, Inc. in Support of its Motion to Dismiss (Finch, Sarah) |
| Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Collector's Universe, Inc. and, MOTION by Defendant Collector's Universe, Inc. to dismiss for lack of jurisdiction (Finch, Sarah) |
| Filing 20 ATTORNEY Appearance for Defendant James J. Spence by David Matthew Madden (Madden, David) |
| Filing 19 MEMORANDUM by James J. Spence in support of Motion to Dismiss for Failure to State a Claim #18 (Martin, John) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant James J. Spence (Martin, John) |
| Filing 17 ATTORNEY Appearance for Defendant James J. Spence by John Conroy Martin (Martin, John) |
| Filing 16 MINUTE entry before the Honorable Mary M. Rowland: Motion to appear pro hac vice by Amanda M. Waide #14 and Jonathan D. Parente #15 are granted. Counsel are reminded to become familiar with this court's local rules (including the rules requiring local counsel and describing this court's trial bar). Mailed notice. (dm, ) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20122226. (Parente, Jonathan) |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20112438. (Waide, Amanda) |
| Filing 13 MINUTE entry before the Honorable Mary M. Rowland: Joint motion for extension of time for Defendants Collectors Universe, Inc. and James S. Spence to answer or otherwise respond #12 is granted. The time for Defendants to respond to the complaint is extended to 12/16/22. Mailed notice. (dm, ) |
| Filing 12 MOTION by Defendant Collector's Universe, Inc. for extension of time for Defendants Collectors Universe, Inc. and James S. Spence to Answer or Otherwise Respond to Plaintiff's Complaint - Joint (Finch, Sarah) |
| Filing 11 ATTORNEY Appearance for Defendant Collector's Universe, Inc. by Sarah Elizabeth Finch (Finch, Sarah) |
| Filing 10 MINUTE entry before the Honorable Mary M. Rowland: Having established, at least for pleading purposes, that the parties are completely diverse in citizenship #8 , Plaintiff has complied with this Court's order #4 directing him to file a jurisdictional supplement. Mailed notice. (dm, ) |
| Filing 9 SUMMONS Returned Executed by John A. Reed as to James J. Spence on 11/4/2022, answer due 11/25/2022. (Toolis, Thomas) |
| Filing 8 SUPPLEMENT to complaint #1 (Toolis, Thomas) |
| Filing 7 SUMMONS Returned Executed by John A. Reed as to Collector's Universe, Inc. on 11/2/2022, answer due 11/23/2022. (Toolis, Thomas) |
| Filing 6 MINUTE entry before the Honorable Mary M. Rowland: On or before 1/6/23, 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 5 EXHIBIT by Plaintiff John A. Reed Exhibit 4 regarding complaint #1 (Toolis, Thomas) |
| Filing 4 MINUTE entry before the Honorable Mary M. Rowland: In light of Plaintiff's invocation of diversity as the basis for federal jurisdiction #1 , on or before 11/15/22, Plaintiff shall file a jurisdictional supplement, as a separate docket entry. Plaintiff is reminded that for individuals, citizenship means domicile (the person's long-term plan for a state of habitation) rather than current residence. Dancel v. Groupon, Inc., 949 F.3d 999, 1003 (7th Cir. 2019). Plaintiff must therefore set forth the states in which Defendants Gutierrez and Spence are domiciled. In addition, Plaintiff is reminded that a corporation is a citizen of its state of incorporation AND the state where it maintains its principal place of business. Qin v. Deslongchamps, 31 F.4th 576, 579 (7th Cir. 2022). Accordingly, Plaintiff must inform the Court of Defendant Collector's Universe's principal place of business. Plaintiff is also advised that allegations "upon information and belief" are insufficient in the Seventh Circuit. See Brickstructures, Inc. v. Coaster Dynamix, Inc., 2017 WL 4310671, at *1 (N.D. Ill. Sept. 28, 2017). Failure to file the jurisdictional supplement as directed may result in dismissal of this case for lack of jurisdiction. Mailed notice. (dm, ) |
| SUMMONS Issued as to Defendants Collector's Universe, Inc., dba Professional Sports Authenticator, Michael S. Gutierrez, James J. Spence (smb, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff John A. Reed by Thomas W. Toolis (Toolis, Thomas) |
| Filing 2 CIVIL Cover Sheet (Toolis, Thomas) |
| Filing 1 COMPLAINT filed by John A. Reed ; Jury Demand. Filing fee $ 402, receipt number AILNDC-19970423. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Toolis, Thomas) |
| 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 Mary M. Rowland. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (smb, ) |
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