Dean v. Morris Hospital & Healthcare Centers
| Arnetta Dean |
| Morris Hospital & Healthcare Centers |
| 1:2023cv06053 |
| August 24, 2023 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 4 MINUTE entry before the Honorable John J. Tharp, Jr:Upon receipt of the plaintiff's notice of voluntary dismissal #3 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), this matter is concluded. All deadlines are stricken, and any pending motions are denied as moot. Civil Case Terminated. Mailed notice (air, ) |
| Filing 3 NOTICE of Voluntary Dismissal by Arnetta Dean Without Prejudice (Yagman, Blake) |
| Filing 2 MINUTE entry before the Honorable John J. Tharp, Jr: The complaint #1 is dismissed without prejudice because the plaintiff fails to adequately allege subject matter jurisdiction. The plaintiff states that the plaintiff is a citizen of Illinois and the defendant is a corporation based in Illinois, and she bases the existence of jurisdiction under CAFA on the presumptive minimal diversity of unidentified prospective class members. This is insufficient. See Dancel v. Groupon, Inc., 940 F.3d 381, 385 (7th Cir. 2019) ("In ordinary, non-class diversity cases, we have admonished parties that they cannot merely allege diversity of citizenship without identifying the parties' states of citizenship, for that is no better than a bare assertion that the defendants are citizens of another state different from the Plaintiff. That the hurdle of minimal diversity for the CAFA is lower than the complete diversity required in most cases does not provide a basis to alter this rule, and we have applied it vigorously even in the class-action context." (cleaned up)). The plaintiff must "identify a specific, diverse class member," id., to adequately invoke the Court's jurisdiction. The plaintiff may file an amended complaint doing so by 9/21/23. Mailed notice (air, ) |
| Filing 1 COMPLAINT filed by Arnetta Dean; Jury Demand. Filing fee $ 402, receipt number AILNDC-20967558. (Attachments: #1 Civil Cover Sheet)(Yagman, Blake) |
| 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. (jxm, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (jxm, ) |
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| Plaintiff: Arnetta Dean | |
| Represented By: | Blake Hunter Yagman |
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| Defendant: Morris Hospital & Healthcare Centers | |
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