Larry Otis Jackson Jr. Trust v. Ally Financial Service
| Larry Otis Jackson Jr. Trust |
| Ally Financial Service |
| 1:2024cv04345 |
| May 28, 2024 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Real Property: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on July 19, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 AMENDED complaint by Larry Otis Jackson Jr. Trust against Ally Financial Service (Exhibits) (Received at the Intake Counter on 7/19/24.) (jg, ) |
| Filing 12 MINUTE entry before the Honorable Edmond E. Chang: After entry of judgment in the case, R. 9, 10, the Plaintiff filed what would be a second amended complaint, R. 11. This pleading too fails to establish federal subject matter jurisdiction. There is no admiralty jurisdiction that applies to what the Plaintiff alleges (as best as what he alleges can be discerned), nor any federal constitutional claim. The case remains dismissed. Emailed notice (cn). |
| Filing 11 AMENDED complaint by Larry Otis Jackson Jr. Trust against Ally Financial Service. (Exhibits). (Received at the Intake Counter on 6/27/24). (jj, ) |
| Filing 10 ENTERED JUDGMENT Signed by the courtroom deputy on 06/27/2024. Emailed notice (mw, ) |
| Filing 9 MINUTE entry before the Honorable Edmond E. Chang: Instead of filing a response to the rule to show cause why the case should not be dismissed for lack of subject matter jurisdiction, R. 6(2), the Plaintiff filed an amended complaint, R. 7. On review of the amended complaint, there still are no allegations that would engage federal subject matter jurisdiction. Instead, the amended complaint just contains a list of citations to the United States Code, R. 7 at 3, but there still are no factual allegations that describe how the claim for relief of $36,010,500 engages in federal subject matter jurisdiction. The least prejudicial way to proceed is to dismiss the case without prejudice for lack of subject matter jurisdiction. A separate AO-450 judgment shall be entered. The tracking status hearing of 06/28/2024 is vacated. Civil case terminated. Emailed notice (mw, ) |
| Filing 8 SUMMONS Returned Executed by Larry Otis Jackson Jr. Trust as to Ally Financial Service on 6/14/2024, answer due 7/5/2024. (Received by Intake Counter on 6/18/24). (gcy, ) |
| Filing 7 RECEIVED AMENDED Complaint and No copies by Larry Otis Jackson Jr. Trust (Received at the Intake Counter on 06/07/2024)(Exhibits) (smb, ) |
| Filing 6 MINUTE entry before the Honorable Edmond E. Chang: On review of the complaint, the Court flags two issues. (1.) 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 12. So Larry Jackson cannot represent the Trust. (2.) 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 an auto loan, see R. 1 at 9. 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). (3.) Given these two inquiries, on or before 06/17/2024, 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. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 06/28/2024 at 8:30 a.m. Emailed notice (mw, ) |
| Filing 5 SUMMONS Issued as to Defendant Ally Financial Service (jg, ) |
| Filing 3 PRO SE Appearance by Plaintiff Larry Otis Jackson Jr. Trust (Received at the Intake Counter on 5/28/24.) (jg, ) |
| Filing 2 CIVIL Cover Sheet (Received at the Intake Counter on 5/28/24.) (jg, ) |
| Filing 1 COMPLAINT filed by Larry Otis Jackson Jr. Trust (Exhibits) (Received at the Intake Counter on 5/28/24.) (jg, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2). (jg, ) |
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