Arevalo-Carrasco v. Primary Life Insurance Company
Plaintiff: Hector Arevalo-Carrasco
Defendant: Primary Life Insurance Company
Case Number: 1:2023cv16810
Filed: December 15, 2023
Court: US District Court for the Northern District of Illinois
Presiding Judge: Lindsay C Jenkins
Nature of Suit: Contract: Insurance
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 23, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 23, 2024 Filing 13 ENTERED JUDGMENT. Mailed notice. (jlj, )
January 23, 2024 Filing 12 MINUTE entry before the Honorable Lindsay C. Jenkins: On December 21, 2023, the Court issued a minute entry observing there was no apparent basis for federal subject-matter jurisdiction #9 . Plaintiff's Complaint #1 does not assert a claim arising under federal law, 28 U.S.C. 1331, and the insurance coverage he believes Defendant owes is $50,000, but diversity-of-citizenship jurisdiction requires the amount in controversy to exceed $75,000, 28 U.S.C. 1332(a); cf. Grinnell v. Mut. Reinsurance Co. v. Haight, 697 F.3d 582, 584-85 (7th Cir 2012) (allegations of additional damages satisfied jurisdictional threshold where insurance policy capped recovery below $75,000.01). Federal courts are courts of limited jurisdiction, so a plaintiff asserting federal jurisdiction bears the burden of showing that it exists. Page v. Democratic Nat'l Comm., 2 F.4th 630, 634 (7th Cir. 2022). The Court directed Plaintiff to file a jurisdictional statement by January 12, 2024, but no statement has been filed. Plaintiff has therefore failed to establish that federal jurisdiction exists, so this case must be dismissed without prejudice for lack of subject-matter jurisdiction. See McHugh v. Ill. Dep't of Transp., 55 F.4th 529, 535 (7th Cir. 2022). Plaintiff's pending motions to proceed in forma pauperis #4 and for attorney representation #11 are denied as moot. Civil case terminated. Enter judgment order. Mailed notice. (jlj, )
January 4, 2024 Filing 11 MOTION by Plaintiff Hector Arevalo-Carrasco for attorney representation (Exhibits). (aee, )
December 28, 2023 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 12/28/2023: Mailed notice. (tg, )
December 21, 2023 Filing 9 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for attorney representation #5 is denied. That filing is plainly inconsistent with a letter dated November 13, 2023 attached to the complaint [Dkt. #1 at 13], in which Plaintiff identified Thomas W. Drexler as his attorney in this matter. Plaintiff is warned that his motion for attorney representation is made under penalty of perjury, and the Court may order sanctions up to and including dismissal of the case for the failure to submit complete, truthful and accurate information. Mailed notice (cn).
December 21, 2023 Filing 8 MINUTE entry before the Honorable Lindsay C. Jenkins: On review of the complaint, R. 1, the Court issues a subject matter jurisdiction inquiry. Plaintiff's complaint states that he wishes to make a complaint about his "Group Life Disability Insurance, with reference to Life Covering During Disability (LCDD)" insurance policy with Primary Life Insurance Company. The complaint states that Plaintiff is totally disabled and unable to work, but was denied coverage "which covers $50,000" Dkt. #1 The complaint includes correspondences from Primary Life Insurance Company regarding the LCDD coverage claim and a Social Security Administration disability benefits letter. Federal courts are courts of limited jurisdiction. On the Court's review, there is no apparent basis for federal subject matter jurisdiction because no federal law claim is asserted, nor is there any indication that there is diversity among the parties or that the $75,000 amount-in-controversy requirement is satisfied. By January 12, 2023, Plaintiff must submit a Jurisdictional Statement explaining the basis for federal subject matter jurisdiction, or he may submit an amended complaint by that date, otherwise the case will be dismissed without prejudice. Mailed notice (cn).
December 15, 2023 Filing 5 MOTION by Plaintiff Hector Arevalo-Carrasco for attorney representation. (aee, )
December 15, 2023 Filing 4 APPLICATION by Plaintiff Hector Arevalo-Carrasco for leave to proceed in forma pauperis. (aee, )
December 15, 2023 Filing 3 PRO SE Appearance by Plaintiff Hector Arevalo-Carrasco. (aee, )
December 15, 2023 Filing 2 CIVIL Cover Sheet. (aee, )
December 15, 2023 Filing 1 RECEIVED Complaint and one copies by Hector Arevalo-Carrasco (Exhibits). (aee, )
December 15, 2023 CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). (aee, )

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Plaintiff: Hector Arevalo-Carrasco
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