King v. U.S. Cold Storage, Inc et al
| Ricky Allan King, Sr. |
| U.S. Cold Storage, Saver Group, Saver Group, Inc. and U.S. Cold Storage, Inc. |
| 3:2019cv00227 |
| February 20, 2019 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Nancy J Rosenstengel |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 3, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 Summons Reissued as to Saver Group, Inc., U.S. Cold Storage, Inc.. (cds) |
| Filing 13 NOTICE OF MODIFICATION re #12 Amended Document filed by Ricky Allan King, Sr. The docket text has been modified to read Amended Complaint. No further action is required by the filer in relation to this notification. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 12 AMENDED Complaint by Ricky Allan King, Sr. Amendment to 10 Order,,,,,,,, Set Deadlines,,,,,,, #1 Complaint . (Attachments: #1 Summons, #2 Summons)(Martin, Andrew) Modified on 4/3/2019 (cds). |
| Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Sumner, Brent) |
Filing 10
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 asserts that this court has subject matter jurisdiction based on diversity of citizenship. Plaintiff alleges that Defendant United States Cold Storage, Inc. is a United States corporation with its principal place of business in New Jersey and that Defendant Savers Group, Inc. is a United States Corporation with its principal place of business in Kentucky (Doc. 1, p. 2). Section 1332 of Title 28 states that a corporation shall be deemed to be a citizen of any state by which it has been incorporated and of the state where it has its principal place of business. The state of incorporation and the principal place of business must be alleged in the complaint. McMillian v. Sheraton Chicago Hotel & Towers, 567 F.3d 839, 845 n.10 (7th Cir. 2009), quoting 28 U.S.C. 1332(c)(1). Thus, in order to correctly assert the basis of this Court's subject matter jurisdiction based on diversity of citizenship, Plaintiff must allege the states of incorporation and principal places of business for both defendants, as both are determinative of citizenship. Accordingly, pursuant to 28 U.S.C. 1653, Plaintiff is ORDERED to file an Amended Complaint on or before April 18, 2019 to properly establish that this Court has jurisdiction. If Plaintiff fails to do so, the case will be dismissed for lack of jurisdiction. (Amended Pleadings due by 4/18/2019). Signed by Judge Nancy J. Rosenstengel on 3/21/2019. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 Summons Issued as to Saver Group, Inc., U.S. Cold Storage, Inc.. (cds) |
| Filing 8 Summons Requested. (Sumner, Brent) |
| Filing 7 Summons Requested. (Sumner, Brent) |
| Filing 6 NOTICE OF ACTION re Summonses attached to #1 Complaint filed by Ricky Allan King, Sr. Summonses submitted are not completed and are not in the proper format. Filer to complete and resubmit in the proper format. (kls3) |
| Filing 5 NOTICE of Appearance by Brent Alan Sumner on behalf of Ricky Allan King, Sr (Sumner, Brent) |
| Filing 4 NOTICE of Appearance by Andrew S. Martin on behalf of Ricky Allan King, Sr (Martin, Andrew) |
| 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 Martin does not have a Notice of Appearance on file in this case. (cds)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 Mark A. Beatty assigned. All future documents must bear case number 19-cv-227-NJR-MAB. 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. (Attachments: #1 Consent Brochure)(cds) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0754-3804149.), filed by Ricky Allan King, Sr. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)(Martin, Andrew) |
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