Brown v. Norfolk Southern Railway Company
| Dojuan Brown |
| Norfolk Southern Railway Company |
| 1:2022cv06781 |
| December 2, 2022 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| P.I.: Motor Vehicle |
| 28 U.S.C. ยง 1441 Petition for Removal- Tort/Motor Vehicle (P.I.) |
| Defendant |
Docket Report
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| Document Text |
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| Filing 17 STATUS Report JOINT by Norfolk Southern Railway Company (Roland, Tyler) |
| Filing 16 QUALIFIED PROTECTIVE ORDER Signed by the Honorable John Robert Blakey on 1/10/2023. Mailed notice(gel, ) |
| Filing 15 MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendant's motion for entry of a HIPAA order #12 and strikes the 1/11/23 Notice of Motion date. Enter Order. Mailed notice (gel, ) |
| Filing 14 MINUTE entry before the Honorable John Robert Blakey: Plaintiff sued Defendant in Cook County Circuit Court alleging negligence and seeking judgment "in an amount greater than $30,000," plus costs of suit. [1-1] at 4. He alleges that as a direct and proximate result of certain negligent acts attributable to Defendant, Plaintiff's car was hit by a train, causing Plaintiff to suffer "serious bodily injury, both internally and externally, and he suffered a severe shock to his nervous system, and became sick and disabled, and will continue to suffer great pain, discomfort and physical impairment; and his said injuries required hospitalization and medical treatment," all of which indicate that the "injuries are permanent; and he has been kept from attending to his ordinary affairs and duties; and he has lost large gains, and has become obligated for large sums of money for medical and hospital care and attention." Id. 13. Defendant removed the matter to this Court under 28 U.S.C. 1332, claiming that the parties are diverse and the amount in controversy exceeds the jurisdictional amount of $75,000. See #1 . Plaintiff now seeks to remand #8 , arguing that Defendant has not demonstrated that the case satisfies the $75,000 amount in controversy requirement for diversity jurisdiction. The Seventh Circuit has instructed that, "when removing a suit, the defendant as proponent of federal jurisdiction is entitled to present its own estimate of the stakes; it is not bound by the plaintiff's estimate.... Once this has been done, and supported by proof of any contested jurisdictional facts, the presumption is the one stated in St. Paul Mercury: the estimate of the dispute's stakes advanced by the proponent of federal jurisdiction controls unless a recovery that large is legally impossible." ABM Sec. Servs., Inc. v. Davis, 646 F.3d 475, 478 (7th Cir. 2011) (citing in Back Doctors Ltd. v. Metropolitan Property & Casualty Insurance Co., 637 F.3d 827, 830 (7th Cir.2011); St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283, 293 (1938)). Plaintiff argues that Defendant's estimate is based upon boilerplate language in the complaint, but Plaintiff chose that language when he drafted the complaint, and the Court assumes that he had a good faith factual and legal basis to do so. Although he now contends that his medical bills and lost wages total less than $25,000, amounts other than medical bills and lost wages may also factor into the amount in controversy. See, e.g., ABM Sec. Servs., Inc. v. Davis, 646 F.3d 475, 479 (7th Cir. 2011) (attorneys' fees up to the time of removal may also be included in the amount in controversy). And, significantly, he alleged in his complaint, filed 10/20/22, that his injuries are permanent and that he will continue to suffer "great pain, discomfort, and physical impairment." [1-1] 13, which contradicts his current representations. Plaintiff does not claim, even now that it is legally impossible for him to recover $75,000 or more, and, indeed, any such claim would be substantially undermined by his allegations. Accordingly, the Court denies Plaintiff's motion to remand #10 and strikes the 1/11/23 Notice of Motion date as to this motion. Mailed notice (gel, ) |
| Filing 13 NOTICE of Motion by Tyler Eason Roland for presentment of motion for order #12 before Honorable John Robert Blakey on 1/11/2023 at 11:00 AM. (Roland, Tyler) |
| Filing 12 MOTION by Defendant Norfolk Southern Railway Company for order HIPAA (Roland, Tyler) |
| Filing 11 ATTORNEY Appearance for Defendant Norfolk Southern Railway Company by Caroline Theresa McAuliffe (McAuliffe, Caroline) |
| Filing 10 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 9 NOTICE of Motion by Scott L Spiegel for presentment of motion to remand #8 before Honorable John Robert Blakey on 1/11/2023 at 11:00 AM. (Spiegel, Scott) |
| Filing 8 MOTION by Plaintiff Dojuan Brown to remand (Spiegel, Scott) |
| Filing 7 ATTORNEY Appearance for Plaintiff Dojuan Brown by Scott L Spiegel (Spiegel, Scott) |
| Filing 6 ANSWER to Complaint with Jury Demand by Norfolk Southern Railway Company(Roland, Tyler) |
| Filing 5 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 1/25/2023, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at Gloria_Lewis@ilnd.uscourts.gov. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Mailed notice (gel, ) |
| Filing 4 MAILED notice of removal letter to counsel of record. (ph, ) |
| 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. (ph, ) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (kra, ) |
| Filing 3 ATTORNEY Appearance for Defendant Norfolk Southern Railway Company by Tyler Eason Roland (Roland, Tyler) |
| Filing 2 CIVIL Cover Sheet (Roland, Tyler) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (2022L009484) filed by Norfolk Southern Railway Company Filing fee $ 402, receipt number AILNDC-20103471. (Attachments: #1 Exhibit Complaint, #2 Exhibit Notice of Service of Process, #3 Exhibit NSPD Incident Report, #4 Exhibit Cook County Notice of Removal)(Roland, Tyler) |
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| Plaintiff: Dojuan Brown | |
| Represented By: | Scott L Spiegel |
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| Defendant: Norfolk Southern Railway Company | |
| Represented By: | Tyler Eason Roland |
| Represented By: | Caroline Theresa McAuliffe |
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