Matthews et al v. Deutsche Bank National Trust Company et al
| Kenneth Matthews and Tijuana L. Nichols |
| Deutsche Bank National Trust Company, Carrington Mortgages Services, LLC, Maurice Wutscher, LLP, Potestivo & Associates, P.C., Codillis & Associates P.C., Jack O'Boyle & Associates, Mortgage Contracting Servicers and Ninja Group Property Management, Inc |
| 1:2023cv16969 |
| December 20, 2023 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1331 Federal Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 6, 2024. A more recent docket listing may be available from PACER.
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| Filing 13 NOTICE of Motion by Kenneth Matthews, Tijuana L. Nichols for presentment of motion for leave to file first amended complaint. (rc, ) |
| Filing 12 MOTION by Plaintiffs Kenneth Matthews, Tijuana L. Nichols for leave to file first amended complaint. (Attachment: Notice of Filing) (rc, ) |
| Filing 10 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs are ordered to show cause by 2/6/24 why this case should not be dismissed for lack of subject matter jurisdiction. The court has reviewed the complaint, which invokes this court's diversity jurisdiction. The complaint does not sufficiently allege the citizenship of the plaintiffs or of any one of the nine defendants, however. As to the plaintiffs, the complaint alleges that both plaintiffs reside in the state of Illinois. But it is citizenship (which is to say domicile), not "residence" that matters for determining whether the parties are completely diverse. See Guar. Nat. Title Co. v. J.E.G. Assocs., 101 F.3d 57, 59 (7th Cir. 1996). And with respect to the defendants, plaintiffs simply allege that each defendant is "located in" a state or city. These allegations do not provide adequate information for the court to assess whether the parties are completely diverse. For jurisdictional purposes, a party is not merely "located" somewhere. For example, a limited liability company is a citizen wherever its members are citizens, Thomas v. Guardmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007), a corporation is a citizen in the state in which it is incorporated and the state in which it has its principal place of business, 28 U.S.C. 1332(c)(1), and a national association is a citizen of the state in which it has its main office and the state in which it has its principal place of business, see Wachovia Bank v. Schmidt, 546 U.S. 303, 307 (2006); Firstar Bank, N.A. v. Faul, 253 F.3d 982, 994 (7th Cir. 2001). By 2/6/24, plaintiffs must submit a jurisdictional statement that properly alleges the citizenship of each party with sufficient particularity for the court to determine whether the parties are completely diverse. If plaintiffs do not submit a jurisdictional statement, or if the allegations contained in plaintiffs' statement remain deficient, this case may be dismissed for lack of subject matter jurisdiction. (rao, ) |
| Filing 9 MAIL RETURNED, for document # sent to Kenneth Matthews returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form. (rc, ) |
| Filing 8 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, ) |
| 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. (rc, ) |
| Filing 6 PRO SE Appearance by Plaintiff Kenneth Matthews. (rc, ) |
| Filing 5 MOTION by Plaintiffs Kenneth Matthews, Tijuana L. Nichols for attorney representation. (rc, ) |
| Filing 4 APPLICATION by Plaintiffs Kenneth Matthews, Tijuana L. Nichols for leave to proceed in forma pauperis. (rc, ) |
| Filing 3 NOTICE by Kenneth Matthews and Tijuana L. Nichols of filing complaint #1 . (rc, ) |
| Filing 2 CIVIL Cover Sheet. (rc, ) |
| Filing 1 RECEIVED Complaint and by Kenneth Matthews. (rc, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 4). (rc, ) |
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