Bowers v. Mlotshwa et al
| Sue M Bowers |
| Lynn Transportation and Mduduzi Mlotshwa |
| 3:2020cv50359 |
| September 22, 2020 |
| US District Court for the Northern District of Illinois |
| Lisa A Jensen |
| Iain D Johnston |
| John Z Lee |
| P.I.: Motor Vehicle |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on November 20, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 ANSWER to Complaint with Jury Demand and Affirmative Defenses by Lynn Transportation, Mduduzi Mlotshwa(Nofal, Mohammed) |
| Filing 20 JURY Demand (Nofal, Mohammed) |
| Filing 19 AFFIDAVIT of Service filed by Plaintiff Sue M Bowers regarding Plaintiff's Initial Disclosure Pursuant to Federal Rule of Civil Procedure 26(a)(1) served on Counsel for Defendants on 11/18/2020 (Turner, Richard) |
| Filing 18 PROTECTIVE Order Signed by the Honorable Lisa A. Jensen on 10/27/2020. Mailed notice (jp, ) |
| Filing 17 MINUTE entry before the Honorable Lisa A. Jensen: Defendants' motion for a qualified protective order #15 is agreed and granted. The qualified protective order shall issue separately. Mailed notice (jp, ) |
| Filing 16 MINUTE entry before the Honorable Lisa A. Jensen: Defendants' motion for extension of time #12 is unopposed and granted. Defendants shall answer or otherwise respond by 11/20/2020. The parties shall jointly complete the PDF fillable initial status report form found on Judge Jensen's webpage at www.ilnd.uscourts.gov under Initial Status Conferences and Reports and file by 11/23/2020. Mailed notice (jp, ) |
| Filing 15 MOTION by Defendants Lynn Transportation, Mduduzi Mlotshwa for protective order (Attachments: #1 Exhibit proposed HIPAA Order)(Zimmer, Bart) |
| Filing 14 AMENDED notice of removal,, #5 (Attachments: #1 Exhibit A - Plaintiff's Complaint, #2 Exhibit B - Illinois Traffic Crash Report, #3 Exhibit C - Affidavit of Mlotshwa, #4 Exhibit D - Proof of Service (Mlotshwa), #5 Exhibit E - Affidavit of Mark Neal, #6 Exhibit F - Wisconsin Corp Filings, #7 Exhibit G - Proof of Service (Lynn Trans), #8 Exhibit H - Pleadings)(Nofal, Mohammed) |
| Filing 13 MINUTE entry before the Honorable Lisa A. Jensen: Defendants' notice of removal #5 alleges that "[u]pon information and belief, Plaintiff is and was a domiciled citizen of the State of Illinois and has an Illinois driver's license." However, jurisdictional allegations must be made on personal knowledge, not on information and belief. See Am.'s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992). Defendants' reference to Exhibit B, the Illinois Traffic Crash Report, by itself is not sufficient to allow the Court to determine Plaintiff's citizenship. See Meyerson v. Harrah's E. Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002) ("[R]esidence and citizenship are not synonyms and it is the latter that matters for purposes of the diversity jurisdiction."). Additionally, Defendants must allege current citizenship (at the time of removal), rather than where Plaintiff was a citizen at the time of the cause of action. Therefore, by 10/26/2020, defendant must amend its notice of removal to sufficiently allege the citizenship of Plaintiff. Following the amendment to the notice, the Court will rule by minute entry on Defendants' motion for extension of time #12 . Mailed notice (jp, ) |
| Filing 12 MOTION by Defendants Lynn Transportation, Mduduzi Mlotshwa for extension of time Agreed (Zimmer, Bart) |
| Filing 11 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 20-0029: It appearing that Iain D. Johnston has been appointed as a United States District Judge for the Northern District of Illinois, Western Division; therefore IT IS HEREBY ORDERED That the attached list of civil cases are hereby reassigned to form the initial calendar of the Honorable Iain D. Johnston; and It is further ordered that the Fourth Amended General Order 19-0007 -Western Division Reassignment Wheel, be vacated in its entirety and this General Order supersedes it; and It is further ordered the Clerk of Court is to add Judge Johnston's name to the Court's existing civil and criminal case assignment system so that he shall receive a full share of such cases; and It is further ordered that all criminal cases that were assigned and reassigned pursuant to General Order 19-0007 shall remain assigned to the current district judge absent further order of the Court. Case reassigned to the Honorable Iain D. Johnston for all further proceedings. Honorable John Z. Lee no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 9/29/2020.(docket10, ) |
Filing 10
ORDER : In light of the reassignment of this case to Magistrate Judge Lisa A. Jensen, the parties are notified that all prior orders entered by Judge Iain D. Johnston remain in effect. Therefore, all hearings, settlement conferences, status report deadlines, discovery deadlines and briefing schedules shall stand, and all matters previously scheduled before Judge Johnston will now proceed before Judge Jensen, unless notified otherwise. Signed by the Honorable Lisa A. Jensen on 9/29/2020: Mailed notice. (docket2, )
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| Filing 9 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 20-0028: The Honorable Iain D. Johnston has been confirmed as a United States District Judge for the Northern District of Illinois; therefore It is hereby ordered that all previously pending cases and referra ls before the Honorable Iain D. Johnston as a U.S. Magistrate Judge are to be reassigned to the Honorable Lisa A. Jensen; and It is also ordered cases where Judge Johnston was the designated magistrate judge and requires further action, the Clerk shall assign the matter to Magistrate Judge Jensen; and It is also ordered that any case that is reassigned pursuant to this Order, and remains open at such time when the next magistrate judge in the Western Division is appointed, shall be reassigned to that magistrate judge. Case referred to the Honorable Lisa A. Jensen. Signed by Honorable Rebecca R. Pallmeyer on 9/29/2020.(docket2, ) |
| Filing 8 Western Division ADR Notification (jp, ) |
| Filing 7 ATTORNEY Appearance for Plaintiff Sue M Bowers by Richard Lee Turner (Turner, Richard) |
| Filing 6 Pursuant to the Fourth Amended General Order 19-0007, dated 6/27/2019, this case is assigned to the Honorable John Z. Lee and referred generally to the Honorable Iain D. Johnston. Signed by Executive Committee on 6/27/2019. (jp, ) |
| Filing 5 NOTICE of Removal from McHenry, case number (20LA000204) filed by Lynn Transportation, Mduduzi Mlotshwa Filing fee $ 400, receipt number 0752-17460796. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Illinois Traffic Crash Report, #3 Exhibit C - Affidavit of Mlotshwa, #4 Exhibit D - Proof of Service (Mlotshwa), #5 Exhibit E - Affidavit of Mark Neal, #6 Exhibit F - Wisconsin Corp Filings, #7 Exhibit G - Proof of Service (Lynn Trans), #8 Exhibit H - Pleadings)(Nofal, Mohammed) |
| Filing 4 ATTORNEY Appearance for Defendants Lynn Transportation, Mduduzi Mlotshwa by Troy Allen Lundquist (Lundquist, Troy) |
| Filing 3 ATTORNEY Appearance for Defendants Lynn Transportation, Mduduzi Mlotshwa by Bart Zimmer (Zimmer, Bart) |
| Filing 2 ATTORNEY Appearance for Defendants Lynn Transportation, Mduduzi Mlotshwa by Mohammed A Nofal (Nofal, Mohammed) |
| Filing 1 CIVIL Cover Sheet (Nofal, Mohammed) |
| MAILED notice of removal letter to counsel for plaintiff. (jp, ) |
| CASE ASSIGNED to the Honorable John Z. Lee and Honorable Iain D. Johnston. Designated as Magistrate Judge the Honorable Iain D. Johnston. Case assignment: Random assignment. (pg, ) |
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