Hellyer v. Patil et al
| William A. Hellyer |
| Abhijit Patil, Alta Vista Radiology, LLC, AV Medical Imaging, Inc., Northwestern Medicine Huntley Hospital and Northwestern Memorial Healthcare |
| 1:2024cv02716 |
| April 4, 2024 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1332 Diversity-Wrongful Death |
| Plaintiff |
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| Document Text |
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| Filing 7 ENTERED JUDGMENT. Notices Mailed. (psm, ) |
| Filing 6 MINUTE entry before the Honorable Manish S. Shah: Plaintiff has not filed an amended complaint alleging subject-matter jurisdiction by the deadline set by the court. The clerk shall enter judgment dismissing this case without prejudice for lack of jurisdiction. Terminate civil case. Notices Mailed. (psm, ) |
| Filing 5 ATTORNEY Appearance for Defendants Northwestern Medicine Huntley Hospital, Northwestern Memorial Healthcare by Stetson F. Atwood (Atwood, Stetson) |
| Filing 4 MINUTE entry before the Honorable Manish S. Shah: The complaint does not allege federal subject-matter jurisdiction. Citizenship of individuals is based on domicile, not residence. An allegation of "residence" is therefore deficient. Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012). Citizenship of a corporation is based on its state of incorporation and its principal place of business. See 28 U.S.C. 1332(c)(1). The citizenship of an LLC is determined by the citizenship of its members. To establish diversity jurisdiction, the party asserting jurisdiction must identify the citizenship of each of the LLC's members (and if those members have members, the citizenship of those members as well). See Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). Diversity jurisdiction requires diverse citizenship between plaintiff and defendants. A lawsuit brought by an Illinois plaintiff against at least one Illinois defendant is not a civil action between citizens of different states. Here, plaintiff's complaint alleges residency in Illinois for plaintiff, no domicile for the individual defendant, no citizenship for the members of the defendant LLC, and Illinois citizenship for at least one defendant. The complaint is dismissed without prejudice for lack of subject-matter jurisdiction. If plaintiff does not file an amended complaint by 5/2/24 adequately alleging jurisdiction, the clerk will enter judgment dismissing the case without prejudice for lack of jurisdiction. Notices Mailed. (psm, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff William A. Hellyer by Donald J. Morrison (Morrison, Donald) |
| Filing 2 CIVIL Cover Sheet (Morrison, Donald) |
| Filing 1 COMPLAINT AT LAW filed by William A. Hellyer; Jury Demand. Filing fee $ 405, receipt number AILNDC-21820698. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Morrison, Donald) |
| 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. (vkm, ) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). (vkm, ) |
| SUMMONS Issued as to Defendants AV Medical Imaging, Inc., Alta Vista Radiology, LLC, Northwestern Medicine Huntley Hospital, Northwestern Memorial Healthcare, Abhijit Patil (mcp, ) |
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