Simpson v. Brewer et al
| Willie Simpson |
| Terry Lloyd Reeves, Reeves Trucking, LLC and Barry Willis Brewer |
| 3:2019cv00410 |
| April 11, 2019 |
| US District Court for the Southern District of Illinois |
| Reona J Daly |
| Nancy J Rosenstengel |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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This docket was last retrieved on August 10, 2021. A more recent docket listing may be available from PACER.
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Filing 10
SUMMONS Returned Executed by Willie Simpson. Reeves Trucking, LLC served on 5/9/2019, answer due 5/30/2019. (Obiorah, Danielle)
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Filing 9
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 action in this Court 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 all parties. Plaintiff alleges that he resides in Georgia, Defendant Barry Willis Brewer resides in Tennessee, and Defendant Terry Lloyd Reeves, who is also the sole member of Reeves Trucking LLC, resides in Tennessee. 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 July 11, 2019 to properly set forth the basis for this Court's jurisdiction. Signed by Chief Judge Nancy J. Rosenstengel on 6/27/2019. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 8
Corporate Disclosure Statement by Reeves Trucking, LLC. (O'Keefe, Donald)
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Filing 7
Joint ANSWER to #1 Complaint by Terry Lloyd Reeves, Reeves Trucking, LLC.(O'Keefe, Donald)
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Filing 6
NOTICE of Appearance by Donald L. O'Keefe, Jr on behalf of Terry Lloyd Reeves, Reeves Trucking, LLC (O'Keefe, Donald)
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Filing 5
NOTICE of Appearance by Danielle B. Obiorah on behalf of Willie Simpson (Obiorah, Danielle)
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Filing 4
Summons Issued as to Barry Willis Brewer, Terry Lloyd Reeves, Reeves Trucking, LLC and returned to attorney for service. (trb)
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Filing 3
NOTICE OF ACTION ). 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 Obiorah does not have a Notice of Appearance on file in this case. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 2
Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel and Magistrate Judge Reona J. Daly assigned. All future documents must bear case number 19-410-NJR-RJD. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. (Attachments: #1 Consent to Magistrate Brochure)(trb)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0754-3854124.), filed by Willie Simpson. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Obiorah, Danielle)
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