Auto-Owners Insurance Company v. A-Z Welding & Machine, Inc. et al
| Auto-Owners Insurance Company |
| Kevin Brown, Bob Ayers and A-Z Welding & Machine, Inc. |
| 3:2019cv00039 |
| January 11, 2019 |
| US District Court for the Southern District of Illinois |
| Reona J Daly |
| Nancy J Rosenstengel |
| Insurance |
| 28 U.S.C. ยง 2201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 8, 2019. A more recent docket listing may be available from PACER.
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| Filing 13 CLERK'S JUDGMENT. Approved by Judge Nancy J. Rosenstengel on 2/8/2019. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 12
ORDER re #11 Notice of Voluntary Dismissal filed by Plaintiff Auto-Owners Insurance Company. Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the Plaintiff may dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. Since the opposing party in this case has neither filed an answer nor a motion for summary judgment, Plaintiff's Notice of Dismissal is effective immediately upon filing and does not require judicial approval. See Nelson v. Napolitano, 657 F.3d 586 (7th Cir. 2011). The case is DISMISSED without prejudice. The Clerk of the Court is therefore DIRECTED to close the case on the Court's docket. Signed by Judge Nancy J. Rosenstengel on 2/8/2019. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 NOTICE of Voluntary Dismissal by Auto-Owners Insurance Company (Gumbiner, Krysta) |
| Filing 10 SUMMONS Returned Executed by Auto-Owners Insurance Company. A-Z Welding & Machine, Inc. served on 1/24/2019, answer due 2/14/2019. (Gumbiner, Krysta) |
| Filing 9 Summons Issued as to A-Z Welding & Machine, Inc. and original mailed to Attorney Gumbiner. (kek) |
| Filing 8 Summons Requested. (Gumbiner, Krysta) |
| Filing 7 AMENDED COMPLAINT against A-Z Welding & Machine, Inc., Bob Ayers, Kevin Brown, filed by Auto-Owners Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gumbiner, Krysta) |
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Filing 6
ORDER REGARDING JURISDICTION: 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."). Plaintiff filed this declaratory judgment action on January 11, 2019, asserting that this Court has original jurisdiction over the action pursuant to the complete diversity of the parties, as per 28 U.S.C. 1332 (Doc. #1 ). Plaintiff, however, has failed to properly allege the citizenship of Defendants Bob Ayers and Kevin Brown. Plaintiff alleges that these defendants are residents of Illinois. However, "residence and citizenship are not synonyms and it is the latter that matters for purposes of diversity jurisdiction." Meyerson v. Harrah's E. Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002). The citizenship of a natural person for diversity purposes is determined, of course, by the person's domicile, see Pollution Control Indus. of Am., Inc. v. Van Gundy, 21 F.3d 152, 155 n. 4 (7th Cir. 1994), which means the state where the person is physically present with an intent to remain there indefinitely. See Perry v. Pogemiller, 16 F.3d 138, 140 (7th Cir. 1993); Cassens v. Cassens, 430 F. Supp. 2d 830, 833 (S.D. Ill. 2006). Accordingly, pursuant to 28 U.S.C. 1653, Plaintiff is ORDERED to file an Amended Complaint on or before February 12, 2019 to properly set forth the citizenship of Defendants Bob Ayers and Kevin Brown. Signed by Judge Nancy J. Rosenstengel on 1/15/2019. (bak)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 Thomas George Drennan on behalf of Auto-Owners Insurance Company (Drennan, Thomas) |
| Filing 4 Notice of Judge Assignment. Judge Nancy J. Rosenstengel and Magistrate Judge Reona J. Daly assigned. All future documents must bear case number 19-39-NJR-RJD. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (cjo) |
| Filing 3 Corporate Disclosure Statement by Auto-Owners Insurance Company. (Gumbiner, Krysta) |
| Filing 2 NOTICE of Appearance by Krysta K. Gumbiner on behalf of Auto-Owners Insurance Company (Gumbiner, Krysta) |
| Filing 1 COMPLAINT against A-Z Welding & Machine, Inc., Bob Ayers, Kevin Brown ( Filing fee $ 400 receipt number 0754-3769204.), filed by Auto-Owners Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Gumbiner, Krysta) |
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