Wilder v. Vidals Auto Service LLC et al
| ED Wilder |
| Car Shield and Vidals Auto Service LLC |
| 1:2024cv07445 |
| August 19, 2024 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| P.I.: Motor Vehicle Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Motor Vehicle Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 11, 2024. A more recent docket listing may be available from PACER.
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| Filing 14 ENTERED JUDGMENT. Mailed notice. (exr, ) |
| Filing 13 MINUTE entry before the Honorable John F. Kness: By an order #7 entered on 8/22/2024, the Court directed Plaintiff to file a statement explaining the basis for her invocation of the jurisdiction of the federal courts. Plaintiff has since filed additional exhibits and statements (Dkt. #8 , #9 ), but none suffices to show plausibly how this case belongs in federal court. As best as the Court can determine, this case concerns a dispute about an automobile repair. But Plaintiff does not explain how either federal question or diversity jurisdiction is present. More specifically, Plaintiff points to no federal law that might pertain to this case, and Plaintiff does not allege or point out alleged facts regarding either diversity of citizenship or an amount in controversy greater than $75,000 (as required to invoke diversity jurisdiction under 28 U.S.C. 1332). Accordingly, the case is dismissed without prejudice for lack of jurisdiction. Any pending motions are dismissed as moot. Enter separate final judgment order. Civil case terminated. Mailed notice. (exr, ) |
| Filing 10 PRO SE Appearance by Dominique Bergeron (Envelope not postmarked) (Received by mail in the Clerk's Office on 9/3/2024.) (jg, ) |
| Filing 9 JOINDER/COMPLAINT filed by ED Wilder (Attachments) (Envelope not postmarked) (Received by mail in the Clerk's Office on 9/3/2024.) (jg, ) |
| Filing 8 EXHIBITS by ED Wilder (Envelope postmarked 8/26/2024) (Received by mail in the Clerk's Office on 8/30/2024.) (jg, ) |
| Filing 7 MINUTE entry before the Honorable John F. Kness: This order is being entered in cases 24-cv-07445 and 24-cv-07448. Both cases appear to be brought by the same Plaintiff, although that's not entirely clear in Case 7445, where the Plaintiff is listed on the docket as "ED Wilder" but also as Dominique Bergeron. In any event, both cases appear to relate to a dispute concerning an automobile purchased and serviced in Minnesota. Why that dispute has been brought in this District is unknown, except perhaps for the fact that Plaintiff may reside here. But that's not a proper basis for venue, as the location of a suit must generally be based on where material events occurred or the location of one or more defendants. See 28 U.S.C. 1391(b). Plaintiff's filings don't appear to establish venue here, but that possible issue can wait for another day. That is because Plaintiff's filings don't plausibly suggest that either of these cases belongs in federal court. Federal courts, as opposed to most state courts, have limited jurisdiction (that is, the power to adjudicate a legal case or controversy). In general, a case can be brought in federal court only if it presents a question of federal law or where jurisdiction is based on diversity of citizenship (meaning the plaintiff is a citizen of one state, the defendant is a citizen of another state or country, and greater than $75,000 is at stake). See 28 U.S.C. 1331. 1332. Nothing in Plaintiff's filings suggests that either of those bases exists here. To the extent Plaintiff might be able to allege that Plaintiff and Defendants are citizens of different states, the amount in controversy does not plausibly appear to exceed $75,000. In view of these deficiencies, Plaintiff is directed to submit, in both Case 7445 and Case 7448, a supplemental written statement addressing whether this Court has jurisdiction over either case. The requirement of submitting this statement can be met with the filing of stipulation of dismissal. In any event, the required jurisdictional statement must be filed in both cases on or before 9/6/2024. If Plaintiff fails to meet this requirement, the Court will dismiss both cases. Plaintiff's requests to proceed in forma pauperis, both of which also have flaws, will be addressed if and when Plaintiff can show that jurisdiction exists. Mailed notice. (exr, ) |
| MAILED a copy of docket entry #7 to Plaintiff (exr, ) |
| MAILED copy of the Clerk's Notice along with the Joint Consent Form to Dominique Bergeron. (jj, ) |
| 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. (jj, ) |
| Filing 4 APPLICATION for leave to proceed in forma pauperis by Dominique Bergeron. (Received at the Intake Counter on 8/19/24). (jj, ) |
| Filing 3 PRO SE Appearance by Dominique Bergeron. (Received at the Intake Counter on 8/19/24). (jj, ) |
| Filing 2 CIVIL Cover Sheet. (Received at the Intake Counter on 8/19/24). (jj, ) |
| Filing 1 RECEIVED Complaint and no copies by ED Wilder. (Exhibits). (Received at the Intake Counter on 8/19/24). (jj, ) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2). (jj, ) |
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