Ray v. Lohr et al
| Jeremy Ray |
| Austin Lohr, Michael Trow, Gina Mrkvicka and Donna Marley |
| 3:2022cv50162 |
| May 19, 2022 |
| US District Court for the Northern District of Illinois |
| Lisa A Jensen |
| Iain D Johnston |
| P.I.: Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| None |
Docket Report
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This docket was last retrieved on July 13, 2022. A more recent docket listing may be available from PACER.
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| Filing 26 ENTERED JUDGMENT, Civil case terminated. (yxp, ) |
| Filing 25 MINUTE entry before the Honorable Iain D. Johnston: Plaintiff Jeremy Ray originally brought this wrongful death action against Defendants Austin Lohr, Michael Trow, and Gina Mrkvicka in this Court on May 19, 2022, asserting diversity jurisdiction. Dkt. 1. On July 7, 2022, Ray filed an amended complaint in which he added Donna Marley as a Defendant. Dkt. 19. In response, Defendant Michael Trow filed a motion to dismiss for lack of jurisdiction, arguing that the addition of Defendant Marley to this action destroyed diversity of citizenship. Dkt. 20. Rather than argue in favor of federal jurisdiction, Ray now concedes that Marley's addition to this suit destroyed diversity. He has filed what he titles an "Agreed Motion to Remand." Dkt. 24. The motion states that the parties have agreed to remand this action to Wisconsin state court, but this Court lacks the power to do that. Notwithstanding that Ray mentions a different state, this case was not originally filed in state court. It is not here on removal, and so the Court has no mechanism to remand. Instead, the Court dismisses this action without prejudice but without leave to amend in this court because the plaintiff (as the party bearing the burden) is no longer asserting federal jurisdiction. Plaintiff may refile this action on his own in the appropriate state court. The Court thanks the parties for conferring and reaching a reasonable solution without the need for additional judicial resources. (yxp, ) |
| Filing 24 MOTION by Plaintiff Jeremy Ray to remand Agreed Motion to Remand (Attachments: #1 Notice of Filing)(Justen, Kevin) |
| Filing 23 SUMMONS Returned Executed by Jeremy Ray as to Donna Marley on 7/8/2022, answer due 7/29/2022. (Justen, Kevin) |
| Filing 22 ATTORNEY Appearance for Defendant Austin Lohr by Jon P. Malartsik (Malartsik, Jon) |
| Filing 21 NOTICE of Motion by David C. Flosi for presentment of motion to dismiss/lack of jurisdiction #20 before Honorable Lisa A. Jensen on 7/19/2022 at 01:30 PM. (Flosi, David) |
| Filing 20 MOTION by Defendant Michael Trow to dismiss for lack of jurisdiction (Flosi, David) |
| Filing 19 AMENDED complaint by Jeremy Ray against All Defendants (Justen, Kevin) |
| SUMMONS Issued as to Defendant Donna Marley (khg, ) |
| Filing 18 MINUTE entry before the Honorable Lisa A. Jensen: Plaintiff's motion to file an amended complaint #16 is granted pursuant to Fed. R. Civ. P. 15(a)(1). By 7/8/2022, Plaintiff shall file the amended complaint as a separately docketed entry. Defendants Michael Trow and Gina Mrkvicka shall answer or otherwise respond to the amended complaint by 7/20/2022. The parties' joint initial status report is now due 7/21/2022 and shall include an update on the status of serving Defendants Austin Lohr and Donna Marley with the amended complaint. Mailed notice. (vk) |
| Filing 17 NOTICE by Jeremy Ray re MOTION by Plaintiff Jeremy Ray to amend/correct complaint #1 #16 (Justen, Kevin) |
| Filing 16 MOTION by Plaintiff Jeremy Ray to amend/correct complaint #1 (Attachments: #1 Exhibit A)(Justen, Kevin) |
| Filing 15 Defendant Gina Mrkvicka's ANSWER to Complaint Answer and Affirmative Defenses by Gina Mrkvicka(Conrad, Corinne) |
| Filing 14 ATTORNEY Appearance for Defendant Gina Mrkvicka by Corinne L. Conrad (Conrad, Corinne) |
| Filing 13 MINUTE entry before the Honorable Lisa A. Jensen: Defendant Michael Trow's motion for extension of time #11 is unopposed and granted. Defendant Michael Trow shall answer or otherwise respond to the complaint by 7/13/2022. The parties' joint initial status report is now due 7/14/2022. The telephonic motion hearing previously set for 6/16/2022 is stricken and no appearances are required on that date. Mailed notice. (vk) |
| Filing 12 NOTICE of Motion by David C. Flosi for presentment of extension of time #11 before Honorable Lisa A. Jensen on 6/16/2022 at 01:30 PM. (Flosi, David) |
| Filing 11 MOTION by Defendant Michael Trow for extension of time to file responsive pleading (Flosi, David) |
| Filing 10 ATTORNEY Appearance for Defendant Michael Trow by Joseph Anthony Baratta (Baratta, Joseph) |
| Filing 9 ATTORNEY Appearance for Defendant Michael Trow by David C. Flosi (Flosi, David) |
| Filing 8 MINUTE entry before the Honorable Lisa A. Jensen: The parties' joint initial status report, using the form found on Judge Jensen's webpage at www.ilnd.uscourts.gov under Initial Status Conferences and Reports, is now due 6/24/2022. Plaintiff is directed to notify any party filing an appearance to the entry of this order. Mailed notice. (vk) |
| Filing 7 SUMMONS Returned Executed by Jeremy Ray as to Gina Mrkvicka on 5/21/2022, answer due 6/13/2022. (Justen, Kevin) |
| Filing 6 SUMMONS Returned Executed by Jeremy Ray as to Michael Trow on 5/21/2022, answer due 6/13/2022. (Justen, Kevin) |
| Filing 5 SUMMONS Returned Executed by Jeremy Ray as to Austin Lohr on 5/23/2022, answer due 6/15/2022. (Justen, Kevin) Modified on 5/25/2022 (kl, ). |
| Filing 4 MINUTE entry before the Honorable Lisa A. Jensen: 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 7/22/2022. Plaintiff is directed to notify any party filing an appearance to the entry of this order. Mailed notice. (vk) |
| Filing 3 ATTORNEY Appearance for Plaintiff Jeremy Ray by Kevin Philip Justen (Justen, Kevin) |
| Filing 2 CIVIL Cover Sheet (Justen, Kevin) |
| Filing 1 COMPLAINT filed by Jeremy Ray; Filing fee $ 402, receipt number AILNDC-19481997.(Justen, Kevin) |
| SUMMONS Issued as to Defendants Austin Lohr, Gina Mrkvicka, Michael Trow (cm, ) |
| 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. (pg, ) |
| CASE ASSIGNED to the Honorable Iain D. Johnston and Honorable Lisa A. Jensen. Designated as Magistrate Judge the Honorable Lisa A. Jensen. Case assignment: Random assignment. (pg, ) |
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