Conifer Insurance Company v. Jian Yun Yang
| Conifer Insurance Company and Jian Yun Yang |
| 3:2018cv01534 |
| August 24, 2018 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Stephen C Williams |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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| Reset Deadline: Amended Pleadings due by 10/24/2018. (dmw2) |
Filing 10
JURISDICTIONAL ORDER: While the amended complaint correctly alleges the citizenship of Defendant Jian Yun Yang, as opposed to Defendant's residence, (see Doc. 6), Plaintiff created another problem by basing said allegation upon "information and belief" (See Doc. 9). It is well-settled in the Seventh Circuit that jurisdictional allegations must be based on personal knowledge, not on information and belief, to invoke the subject matter jurisdiction of a federal court. See America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992) (per curiam) (only a statement about jurisdiction "made on personal knowledge has any value," and a statement made "to the best of my knowledge and belief" is insufficient to invoke diversity jurisdiction). Accordingly, Plaintiff is ORDERED to file a second amended complaint, on or before October 24, 2018, that corrects the defects in its pleading of the Court's subject matter jurisdiction and removes references to "information and belief." If Plaintiff fails to file an amended complaint in the manner and time prescribed or if, after reviewing it, the Court finds that Plaintiff cannot establish subject matter jurisdiction, this case will be dismissed. Signed by Judge Nancy J. Rosenstengel on 10/3/18. (klh2) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 AMENDED COMPLAINT against Jian Yun Yang, filed by Conifer Insurance Company.(de Luca, Daniel) |
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Filing 8
ORDER granting #7 Motion to Appear Pro Hac Vice by Attorney de Luca on behalf of Conifer Insurance Company a/s/o Jin Di Lin. (dmw2)
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| Filing 7 MOTION to Appear Pro Hac Vice by Attorney Daniel J. de Luca $200 fee paid,receipt number 0754-3670380 by on behalf of Conifer Insurance Company. (de Luca, Daniel) |
| Set Deadline: Amended Pleadings due by 9/25/2018. (dmw2) |
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Filing 6
JURISDICTIONAL ORDER: This matter is before the Court sua sponte on the issue of federal subject matter jurisdiction. See Foster v. Hill, 497 F.3d 695, 696-97 (7th Cir. 2007) ("It is the responsibility of a court to make an independent evaluation of whether subject matter jurisdiction exists in every case."). The complaint indicates that this Court has original jurisdiction over the action based on the complete diversity of the parties (Doc. 1). The allegations regarding the citizenship of Defendant Jian Yun Yang are deficient, however. The complaint alleges that Defendant "resides" in Philadelphia, Pennsylvania (Doc. 1, 4). But "residence and citizenship are not synonyms and it is the latter that matters for purposes of diversity jurisdiction." Meyerson v. Harrah's E. Chi. Casino, 299 F.3d 616, 617 (7th Cir. 2002). The citizenship of a natural person for diversity purposes is determined by the person's domicile, which means the state where the person is physically present with an intent to remain there indefinitely. See Pollution Control Indus. of Am., Inc. v. Van Gundy, 21 F.3d 152, 155 n.4 (7th Cir. 1994), Perry v. Pogemiller, 16 F.3d 138, 140 (7th Cir. 1993); Cassens v. Cassens, 430 F. Supp. 2d 830, 833 (S.D. Ill. 2006). Plaintiff is ORDERED to file an amended complaint, on or before September 25, 2018, that sets forth all of the information needed to determine whether jurisdiction lies in this Court. If Plaintiff fails to file an amended complaint in the manner and time prescribed or if, after reviewing it, the Court finds that Plaintiff cannot establish subject matter jurisdiction, this case will be dismissed. Signed by Judge Nancy J. Rosenstengel on 9/4/2018. (klh2) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 NOTICE of Appearance by Robert J. Radice on behalf of Conifer Insurance Company (Radice, Robert) |
| Filing 4 Summons Issued as to Jian Yun Yang. (dmw2) |
| Filing 3 NOTICE OF ACTION. See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Radice does not have a Notice of Appearance on file in this case. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 2 Notice of Judge Assignment. Judge Nancy J. Rosenstengel and Magistrate Judge Stephen C. Williams assigned. All future documents must bear case number 18-1534-NJR-SCW. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. (dmw2) |
| Filing 1 COMPLAINT against Jian Yun Yang ( Filing fee $ 400 receipt number 0754-3653699.), filed by Conifer Insurance Company. (Attachments: #1 Exhibit Exhibit A - Lease, #2 Civil Cover Sheet Civil Cover Sheet, #3 Summons Summons)(Radice, Robert) |
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| Defendant: Conifer Insurance Company | |
| Represented By: | Robert J. Radice |
| Represented By: | Daniel J. de Luca |
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| Defendant: Jian Yun Yang | |
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