Gonzalez Colon v. Benjamin & Shapiro LTD et al
| Miguel Angel Gonzalez Colon |
| Benjamin & Shapiro LTD, Sandman, Levy & Petrich, LLC, Lyle Zuckerman & Davis Wright Tremaine LLP and Scott Skaletsky |
| 1:2023cv16560 |
| December 6, 2023 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Other Statutes: Arbitration |
| 28 U.S.C. ยง 1331 Federal Question |
| Defendant |
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Filing 10
ORDER: On December 7, 2023, the Court entered a Minute Entry with a jurisdictional inquiry, directing Plaintiff to file an amended complaint addressing several questions the Court had about its subject matter jurisdiction. R. 6, 12/7/2023 Order (Order). Now before the Court is Plaintiff's amended complaint (R. 7), which addressed some of the Court's questions, but has raised additional questions about whether the Court has subject matter jurisdiction. As previously stated, the Court has an independent obligation to ensure that subject matter jurisdiction exists in every case. Foster v. Hill, 497 F.3d 695, 696697 (7th Cir. 2007); see also Evergreen Square of Cudahy v. Wisconsin Hous. & Econ. Dev. Auth., 776 F.3d 463, 465 (7th Cir. 2015). Accordingly, the Court directs Plaintiff to file a second amended complaint by February 16, 2024 addressing the questions raised herein. If Plaintiff does not file an amended complaint in accordance with this Court's order by the deadline, this case will be dismissed. The Court directs Plaintiff's attention to the U.S. District Court Hibbler Memorial Pro Se Assistance Program, information about which can be found at https://www.ilnd.uscourts.gov/Pages.aspx?/2+UWDbtVzCDq3Lu8BusuQ== or by calling 312-435-5691. The Court enters and continues Plaintiff's in forma pauperis application (R. 4) for resolution until after the Court determines whether it has subject matter jurisdiction over this case, as explained in this Order. Signed by the Honorable Franklin U. Valderrama on 1/8/2024. Emailed notice (axc).
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| Filing 9 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 12/28/2023: Mailed notice. (tg, ) |
| Filing 8 CIVIL Cover Sheet. (daj, ) |
| Filing 7 AMENDED complaint by Miguel Angel Gonzalez Colon.(daj, ) |
| Filing 6 Before the Court is Plaintiff's complaint #1 and application for leave to proceed in forma pauperis #4 . The Court enters and continues Plaintiff's in forma pauperis application #4 for resolution until after the Court determines whether it has subject matter jurisdiction over this case, as explained in this Minute Entry. The Court has an independent obligation to ensure that subject matter jurisdiction exists in every case. Foster v. Hill, 497 F.3d 695, 696697 (7th Cir. 2007); see also Evergreen Square of Cudahy v. Wisconsin Hous. & Econ. Dev. Auth., 776 F.3d 463, 465 (7th Cir. 2015) Upon review of the complaint #1 , the Court orders the following jurisdictional inquiry. The complaint, although not explicitly identifying the cause of action, appears to allege a claim for legal malpractice, and potentially breach of contract, against Defendants. The civil cover sheet #2 specifically identifies the cause of action as "Legal malpractice/Missed deadline with EEOC." The Complaint does not state the basis for the Court's subject matter jurisdiction, but the civil cover sheet checks the box "federal question" as the basis of jurisdiction. However, legal malpractice and breach of contract claims are both state law causes of action. See, e.g., Washington v. Hughes Socol Piers Resnick & Dym, Ltd., 2019 WL 1426286, at *4 (N.D. Ill. Mar. 29, 2019); Berg v. BCS Fin. Corp., 372 F. Supp. 2d 1080, 1096 (N.D. Ill. 2005). Therefore, the Court may exercise jurisdiction over such claims not under the federal question statute, 28 U.S.C. 1331, but rather under the diversity jurisdiction statute, 28 U.S.C. 1332. (The Court may also exercise supplemental jurisdiction over state law claims under 28 U.S.C. 1367 if those claims form part of the same controversy as a plausible federal claim; as stated above, Plaintiff does not currently plead any federal claims.) In order to proceed under diversity jurisdiction, there must be complete diversity; that is, no plaintiff and no defendant may be citizens of the same state. See Page v. Democratic Nat'l Comm., 2 F.4th 630, 636 (7th Cir. 2021), cert. denied, 142 S. Ct. 776 (2022). Here, Plaintiff does not allege the citizenship of any party in the complaint or on the civil cover sheet. Accordingly, the Court dismisses the complaint without prejudice for lack of subject matter jurisdiction. On or before 1/4/2024, Plaintiff shall file an amended complaint identifying his own and each Defendant's citizenship so the Court can determine whether it has subject matter jurisdiction over this action. If Plaintiff does not file an amended complaint in accordance with this Court's order by the deadline, this case will be dismissed. The Court directs Plaintiff's attention to the U.S. District Court Hibbler Memorial Pro Se Assistance Program, information about which can be found at https://www.ilnd.uscourts.gov/Pages.aspx?/2+UWDbtVzCDq3Lu8BusuQ== or by calling 312-435-5691. Emailed notice (axc). Modified on 12/7/2023 |
| Filing 5 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 02/20/2024 the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiff's counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Emailed notice (axc). |
| Filing 4 APPLICATION by Plaintiff Miguel Angel Gonzalez Colon for leave to proceed in forma pauperis. (aee, ) |
| Filing 3 PRO SE Appearance by Plaintiff Miguel Angel Gonzalez Colon. (aee, ) |
| Filing 2 CIVIL Cover Sheet. (aee, ) |
| Filing 1 RECEIVED Complaint and no copies by Miguel Angel Gonzalez Colon. (aee, ) |
| 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. (aee, ) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (Civil Category 4). (aee, ) |
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