Federal Insurance Company v. Avery
| Federal Insurance Company |
| George Avery |
| 1:2023cv05092 |
| August 2, 2023 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Other Fraud |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| None |
Docket Report
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This docket was last retrieved on September 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 MINUTE entry before the Honorable John J. Tharp, Jr:Pursuant to Fed. R. Civ. P. 4(m), the plaintiff's motion for an extension of time for service #6 is granted. Service of the summons and complaint to be completed by 12/15/2023. Mailed notice (air, ) |
| Filing 6 MOTION by Plaintiff Federal Insurance Company for extension of time to Serve Process (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schmookler, Scott) |
| SUMMONS Issued as to Defendant George Avery (mcp, ) |
| Filing 5 AMENDED complaint by Federal Insurance Company against George Avery (Schmookler, Scott) |
| 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. (daj, ) |
| Filing 4 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 parties' citizenship. The complaint alleges the plaintiff's place of incorporation and principal place of business, but it does not allege what kind of company the plaintiff is. That detail matters because a corporation is a citizen both of the state in which it is incorporated and the state in which its principal place of business is located. A limited liability company or other unincorporated association is a citizen of every state in which its members are citizens. See Fellowes, Inc. v. Changzhou Xinrui Fellowes Office Equip. Co., 759 F.3d 787, 788 (7th Cir. 2014). The complaint further alleges that the defendant is a resident of Illinois, but an individual's citizenship is based on the state in which he is domiciled (which may differ from the state of residence). See generally Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012). Accordingly, the plaintiff is granted leave to amend to address this issue by 8/17/2023. Failure to timely and adequately amend may result in dismissal of the case. Mailed notice (air, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Federal Insurance Company by Scott L. Schmookler (Schmookler, Scott) |
| Filing 2 CIVIL Cover Sheet (Schmookler, Scott) |
| Filing 1 COMPLAINT filed by Federal Insurance Company; Filing fee $ 402, receipt number AILNDC-20891926.(Schmookler, Scott) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (gmm) |
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| Plaintiff: Federal Insurance Company | |
| Represented By: | Scott L. Schmookler |
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| Defendant: George Avery | |
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