Palma v. Software AG USA, Inc.
| Daniel Palma |
| Software AG USA, Inc. |
| 1:2023cv04088 |
| June 26, 2023 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| Both |
Docket Report
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This docket was last retrieved on July 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 WAIVER OF SERVICE returned executed by Daniel Palma. Software AG USA, Inc. waiver sent on 6/27/2023, answer due 8/28/2023. (Mustoe, Elisabeth) |
| Filing 8 ATTORNEY Appearance for Defendant Software AG USA, Inc. by Elizabeth Kathryn Hanford (Hanford, Elizabeth) |
| Filing 7 ATTORNEY Appearance for Defendant Software AG USA, Inc. by Lucy B. Bednarek (Bednarek, Lucy) |
| Filing 6 FIRST AMENDED complaint by Daniel Palma against Software AG USA, Inc. (Mustoe, Elisabeth) |
| Filing 5 MINUTE entry before the Honorable John J. Tharp, Jr: Upon review of the complaint, it fails to adequately plead subject matter jurisdiction. The complaint asserts jurisdiction pursuant to 28 U.S.C. 1332; however, it does not expressly allege the plaintiff's or the defendant's citizenship. "An allegation of residence is inadequate." McMahon v. Bunn-O-Matic Corp., 150 F.3d 651, 653 (7th Cir. 1998). Further, "what matters for the citizenship of a corporation is its state of incorporation and its principal place of business, not its 'headquarters.'" Dalton v. Teva N. Am., 891 F.3d 687, 690 (7th Cir. 2018). Accordingly, the plaintiff is granted leave to amend to address this issue by 07/12/2023. Failure to timely and adequately amend may result in dismissal of the case. Mailed notice (air, ) |
| 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 John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (smb, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Daniel Palma by Brenda H. Feis (Feis, Brenda) |
| Filing 3 ATTORNEY Appearance for Plaintiff Daniel Palma by Elisabeth Grace Mustoe (Mustoe, Elisabeth) |
| Filing 2 CIVIL Cover Sheet (Mustoe, Elisabeth) |
| Filing 1 COMPLAINT filed by Daniel Palma; Jury Demand. Filing fee $ 402, receipt number AILNDC-20773427.(Mustoe, Elisabeth) |
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| Plaintiff: Daniel Palma | |
| Represented By: | Brenda H. Feis |
| Represented By: | Elisabeth Grace Mustoe |
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| Defendant: Software AG USA, Inc. | |
| Represented By: | Lucy B. Bednarek |
| Represented By: | Elizabeth Kathryn Hanford |
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