Larry Otis Jackson Jr. Trust v. Empire Today
| Larry Otis Jackson Jr. Trust |
| Empire Today |
| 1:2024cv04343 |
| May 28, 2024 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Real Property: Other |
| 28 U.S.C. ยง 1331 Federal Question |
| None |
Docket Report
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This docket was last retrieved on July 8, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiff's response #16 to the Court's rule to Show Cause as to why this case should not be dismissed (1) for lack of subject matter jurisdiction and (2) because the case is impermissibly brought on behalf of a trust by a non-attorney. Plaintiff's response does not address the issues the Court flagged concerning the complaint. Ignoring the attorney representation issue completely, Plaintiff's response cites sections of the United States Code regarding admiralty. As best as the Court can discern, there is no admiralty jurisdiction that applies to what the Plaintiff alleges in the compliant, nor any federal constitutional claim. Accordingly, this case is dismissed without prejudice for lack of subject matter jurisdiction. The briefing schedule entered at R.15 is vacated. Civil case terminated. Mailed notice. (jcm) |
| Filing 16 RESPONSE to Show Cause Breach of Contract by Plaintiff Larry Otis Jackson Jr. Trust. (Received by Intake Counter on 7/3/24). (gcy, ) |
| Filing 15 MINUTE entry before the Honorable Franklin U. Valderrama: Deadlines as to motion to dismiss #11 : Responses due by 07/19/2024, Replies due by 08/02/2024. Mailed notice. (jcm) |
| Filing 14 AMENDED complaint by Larry Otis Jackson Jr. Trust against Empire Today. (Attachments). (Received by Intake Counter on 6/27/24).(gcy, ) |
| Filing 13 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Empire Today (Caccamo, Matthew) |
| Filing 12 MEMORANDUM by Empire Today in support of motion to dismiss #11 (Caccamo, Matthew) |
| Filing 11 MOTION by Defendant Empire Today to dismiss Plaintiff's Amended Complaint (Caccamo, Matthew) |
| Filing 10 ATTORNEY Appearance for Defendant Empire Today by Matthew J Caccamo (Caccamo, Matthew) |
| Filing 9 ATTORNEY Appearance for Defendant Empire Today by Katharine Hennessy Walton (Walton, Katharine) |
| Filing 8 MINUTE entry before the Honorable Franklin U. Valderrama: In review of the complaint, the Court flags two issues. First, the Plaintiff alleges that it is a "trust." R. 1 at 2 (for ease of reference, page citations are to the CM/ECF PDF pagination rather than numbering on the bottom of documents). But a person without a valid law license (there is no bar-registration number in the signature block of the complaint) cannot represent an entity like a trust. The sole beneficiary is not Larry Jackson, but instead is listed as Alexanderea E. Jackson, R. 1 at 11. So Larry Jackson cannot represent the Trust. Second, there does not appear to be subject matter jurisdiction over this case. No federal question is presented; the various references to federal laws do not supply a federal claim against a private business like the defendant over what appears to be a credit card payment dispute, see R. 1 at 8. Indeed, the citations are frivolous if intended to form the basis for a claim. 28 U.S.C. 1603(b)(3) (irrelevant definition of agency or instrumentality of foreign state); 8 U.S.C. 1101(a) (irrelevant immigration-law definitions); 26 U.S.C. 7701(a)(31) (irrelevant Internal Revenue Code definition of foreign estate or trust); 11 U.S.C 101(5) (irrelevant bankruptcy-law definition of claim). Given these two inquiries, on or before 07/12/2024, the Plaintiff shall file a Response to Show Cause that explains (a) why he should be permitted to represent the Trust if he does not have a valid law license; (b) why the case should not be dismissed for lack of subject matter jurisdiction; and (c) why the complaint should not be dismissed for failure to adequately state a claim upon which relief can be granted. Mailed notice. (jcm) |
| Filing 18 AFFIDAVIT of Service filed by Plaintiff Larry Otis Jackson Jr. Trust regarding Summons/Complaint served on Empire Today on 6/11/24. (Received by Intake Counter on 6/18/24). (Received for docketing on 7/19/24). (gcy, ) |
| Filing 7 AMENDED AFFIDAVIT of Service filed by Plaintiff Larry Otis Jackson Jr. Trust regarding Summons/Complaint served on Empire Today on 6/11/24. (Received by Intake Counter on 6/18/24).(gcy, ) |
| Filing 6 AFFIDAVIT of Service filed by Plaintiff Larry Otis Jackson Jr. Trust regarding Summons/Complaint served on Empire Today on 6/11/24. (Received by Intake Counter on 6/18/24). (gcy, ) |
| Filing 5 Amended Complaint by Larry Otis Jackson Jr. Trust (Attachments). (Received by Intake Counter on 6/7/24). (gcy, ) |
| Filing 3 PRO SE Appearance by Plaintiff Larry Otis Jackson Jr. Trust. (Received at the Intake Counter on 05/28/2024) (rc, ) |
| Filing 2 CIVIL Cover Sheet. (Received at the Intake Counter on 05/28/2024) (rc, ) |
| Filing 1 COMPLAINT filed by Larry Otis Jackson Jr. Trust. (Exhibits) (Received at the Intake Counter on 05/28/2024) (rc, ) |
| SUMMONS Issued as to Defendant Empire Today. (rc, ) |
| 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, ) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2). (rc, ) |
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| Plaintiff: Larry Otis Jackson Jr. Trust | |
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| Defendant: Empire Today | |
| Represented By: | Matthew J Caccamo |
| Represented By: | Katharine Hennessy Walton |
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