Hermiz v. Walmart, Inc., et al
| CLAUDIA HERMIZ |
| WALMART INC., Walmart, Inc., Nate Boler and Other Unknown Individuals |
| 1:2022cv06370 |
| November 15, 2022 |
| US District Court for the Northern District of Illinois |
| Susan E Cox |
| Martha M Pacold |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Defendant |
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| Filing 20 MINUTE entry before the Honorable Susan E. Cox:This case has been referred to Judge Cox for discovery supervision and settlement. The parties are ordered to review Judge Cox's case procedures and familiarize themselves with them. The parties are ordered to file a Rule 26(f) conference report on or before 1/26/23. A template for the report can be found on Judge Cox's website. The Court will set discovery deadlines after reviewing the parties' Rule 26(f) report. (rbf, ) |
| Filing 19 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Susan E. Cox for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement. (rao, ) |
| Filing 18 STATUS Report JOINT by Claudia Hermiz (Adamski, Erin) |
| Filing 17 RESPONSE by Plaintiff Claudia Hermiz to answer to complaint #16 Plaintiff's Answers to Affirmative Defenses (Adamski, Erin) |
| Filing 16 ANSWER to Complaint and Affirmative Defenses by Walmart, Inc.(Sun, Lucas) |
| Filing 15 ATTORNEY Appearance for Defendant Walmart, Inc. by Lucas Sun (Sun, Lucas) |
| Filing 14 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
| Filing 13 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for extension of time to file initial joint status report #11 is granted. The parties are given until 1/5/2023 to file the initial joint status report. (rao, ) |
| Filing 12 NOTICE of Motion by Erin A. Adamski for presentment of extension of time #11 before Honorable Martha M. Pacold on 12/6/2022 at 09:30 AM. (Adamski, Erin) |
| Filing 11 MOTION by Plaintiff Claudia Hermiz for extension of time to file Initial Joint Status Report (Adamski, Erin) |
| Filing 10 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the parties' joint status report #8 . The court is satisfied that diversity jurisdiction exists. The parties are directed to file a joint status report by 12/20/2022. (See attached outline). (Attachments: #1 Outline for the Initial Joint Status Report) (rao, ) |
| Filing 9 STATUS Report (Joint) by Walmart, Inc. (Aberdeen, Victor) |
| Filing 8 MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to file an initial joint status report by 12/7/2022. The report requires, among other things, an explanation of why the court has subject matter jurisdiction. Here, the notice of removal premises jurisdiction on the diversity statute, 28 U.S.C. 1332(a). #1 para. 1. A party seeking to remove a case bears the burden of showing that the requirements for federal diversity jurisdiction are met. Tylka v. Gerber Prod. Co., 211 F.3d 445, 448 (7th Cir. 2000). Defendant Walmart, Inc. is a Delaware corporation with its principal place of business in Arkansas so is a citizen of both Delaware and Arkansas. 28 U.S.C. 1332(c)(1) ("a corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business."). However, neither the complaint nor the notice of removal specifies where plaintiff is domiciled. An individual's citizenship depends on where they are domiciled, not their residence. Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012). An individual's citizenship depends on where they are domiciled, not their residence. Failure to establish diversity of citizenship between the plaintiff and the defendant may result in an order to show cause why this case should not be dismissed for lack of subject matter jurisdiction. (rao, ) |
| Filing 7 ATTORNEY Appearance for Plaintiff Claudia Hermiz by Gary A. Newland (Newland, Gary) |
| Filing 6 ATTORNEY Appearance for Plaintiff Claudia Hermiz by Erin A. Adamski (Adamski, Erin) |
| Filing 5 MAILED Notice of Removal letter to counsel of record. (cxr, ) |
| 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. (cxr, ) |
| Filing 4 ATTORNEY Appearance for Defendant WALMART INC. by Victor J Aberdeen (Aberdeen, Victor) |
| Filing 3 ATTORNEY Appearance for Defendant WALMART INC. by James P. Balog (Balog, James) |
| Filing 2 CIVIL Cover Sheet (Balog, James) |
| Filing 1 NOTICE of Removal from Cook County Law Division, case number (2022 L 063029) filed by WALMART INC. Filing fee $ 402, receipt number AILNDC-20046658. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Balog, James) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (mbh, ) |
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