Rowe v. Towry
| Tommelik Rowe |
| John Doe and Warren Towry |
| 1:2024cv00692 |
| January 26, 2024 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| P.I.: Assault Libel & Slander |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on February 27, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 SUMMONS Returned Executed by Tommelik Rowe as to Warren Towry on 2/23/2024, answer due 3/15/2024. (Becker, Jeffrey) |
| SUMMONS Issued as to Defendant Warren Towry (jxm, ) |
| Filing 7 AMENDED complaint by Tommelik Rowe against Tommelik Rowe against Warren Towry (Becker, Jeffrey) |
| Filing 6 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for leave to file his first amended complaint #5 is granted, though the Court's permission is not required to file an amended complaint as a matter of course pursuant to Fed. R. Civ. P. 15(a)(1). The plaintiff is directed to file the amended complaint on the docket. Mailed notice (air, ) |
| Filing 5 MOTION by Plaintiff Tommelik Rowe for leave to file First Amended Complaint (Attachments: #1 Exhibit A)(Becker, Jeffrey) |
| Filing 4 MINUTE entry before the Honorable John J. Tharp, Jr: Upon review of the plaintiff's complaint, it fails to establish a basis for this Court's jurisdiction. It states that plaintiff is a citizen of California and "upon information and belief, Defendant is not a citizen of the state of California." ECF No. 1 at 1. Statements based "upon information and belief" are insufficient to establish citizenship for purposes of diversity jurisdiction. Am.'s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992). Further, the complaint fails to affirmatively identify the defendant, referencing only the defendant's alleged YouTube account and referring to him as a "John Doe." ECF No. 1 at 1. "[B]ecause the existence of diversity jurisdiction cannot be determined without knowledge of every defendant's place of citizenship, 'John Doe' defendants are not permitted in federal diversity suits." Howell by Goerdt v. Trib. Ent. Co., 106 F.3d 215, 218 (7th Cir. 1997). The plaintiff is directed to file a supplement clarifying the basis for this Court's jurisdiction by 02/05/2024. Failure to do so may result in dismissal of this case. Mailed notice (air, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Tommelik Rowe by Jeffrey Scott Becker (Becker, Jeffrey) |
| Filing 2 CIVIL Cover Sheet (Becker, Jeffrey) |
| Filing 1 COMPLAINT filed by Tommelik Rowe; Jury Demand. Filing fee $ 405, receipt number AILNDC-21570830.(Becker, Jeffrey) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 3). (jxm, ) |
| 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, ) |
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