Walker v. SRF Trucking, LLC et al
| Conrad G. Walker |
| SRF Trucking, LLC, Irankunda Zeggy, United Business Corporation, Francis R. Isherwood, United Parcel Service, Inc. and Arturo Orozco-Mercado |
| 1:2024cv01145 |
| February 9, 2024 |
| US District Court for the Northern District of Illinois |
| Jeffrey I Cummings |
| P.I.: Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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| Filing 11 MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed plaintiff's motion to withdraw plaintiff's filing of complaint or the in the alternative to voluntarily dismiss without prejudice #10 , in which plaintiff reports that he intends to re-file this matter in state court in light of the Court's recent order regarding jurisdiction #9 . Plaintiff's motion #10 is granted as follows. This matter is dismissed without prejudice with leave to re-file in state court as appropriate. Civil case terminated. Mailed notice (cc, ) |
| Filing 10 MOTION by Plaintiff Conrad G. Walker to withdraw Motion to Withdraw Plaintiff's Filing of Complaint at Law and Terminate Proceedings to File in State Court or in the Alternative to Voluntarily Dismiss Without Prejudice (Saltzman, Matthew) |
| Filing 9 MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Jeffrey I. Cummings. As it must, the Court has screened plaintiff's complaint #1 to ensure that it has jurisdiction over this matter. Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006) ("Courts... have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party."). For the following reasons, plaintiff's complaint is dismissed without prejudice for lack of subject matter jurisdiction. First, although plaintiff maintains that diversity jurisdiction is proper pursuant to 28 U.S.C. 1332, he has failed to allege any information in the complaint itself regarding his own domicile for purposes of establishing diversity jurisdiction. See Fed.R.Civ.P. 8(a) ("A pleading that states a claim for relief must contain... a short and plain statement of the grounds for the court's jurisdiction"); Page v. Democratic Nat'l Comm., 2 F.4th 630, 634 (7th Cir. 2021) ("The party invoking diversity jurisdiction... bears the burden of showing its existence."). Moreover, even if the Court could assume plaintiff is domiciled in Illinois based on the information provided on the civil cover sheet - and it cannot, see Krueger v. Vichich, No. 4:23-CV-04079-KES, 2023 WL 4493437, at *3 (D.S.D. July 12, 2023) ("The civil cover sheet is not a pleading and cannot supplement the pleadings to establish subject-matter jurisdiction") - there would be a lack of complete diversity between plaintiff and defendant United Business Corporation, which (according to the allegations of the complaint) is domiciled in Illinois. See Page, 2 F.4th at 636 ("With limited exceptions... shared citizenship between just one party on both sides of the lawsuit destroys complete diversity."). Accordingly, plaintiff's complaint is dismissed without prejudice and with leave to file a complaint asserting a proper basis for the Court's subject matter jurisdiction - to the extent that plaintiff can do so in accordance with Rule 11 - on or before 3/13/24. Mailed notice (cc, ) |
| Filing 8 REQUEST for Waiver of Service sent to United Parcel Service, Inc. on 02/09/24 by Plaintiff Conrad G. Walker. Waiver of service due by 4/9/2024. (Saltzman, Matthew) |
| Filing 7 REQUEST for Waiver of Service sent to United Business Corporation on 02/09/24 by Plaintiff Conrad G. Walker. Waiver of service due by 4/9/2024. (Saltzman, Matthew) |
| Filing 6 REQUEST for Waiver of Service sent to SRF Trucking, LLC on 02/09/24 by Plaintiff Conrad G. Walker. Waiver of service due by 4/9/2024. (Saltzman, Matthew) |
| Filing 5 REQUEST for Waiver of Service sent to Irankunda Zeggy on 02/09/24 by Plaintiff Conrad G. Walker. Waiver of service due by 4/9/2024. (Saltzman, Matthew) |
| Filing 4 REQUEST for Waiver of Service sent to Francis Isherwood on 02/09/24 by Plaintiff Conrad G. Walker. Waiver of service due by 4/9/2024. (Saltzman, Matthew) |
| Filing 3 REQUEST for Waiver of Service sent to Arturo Orozco-Mercado on 02/09/24 by Plaintiff Conrad G. Walker. Waiver of service due by 4/9/2024. (Saltzman, Matthew) |
| Filing 2 CIVIL Cover Sheet (Saltzman, Matthew) |
| Filing 1 COMPLAINT filed by Conrad G. Walker; Jury Demand. Filing fee $ 405, receipt number AILNDC-21624738.(Saltzman, Matthew) |
| CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2). (mek) |
| 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. (mek) |
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