Pates et al v. LJ Transfer, Inc. et al
| Patricia Pates and Gerald Pates |
| Lloyd J. Powers and LJ Transfer, Inc. |
| 3:2019cv01057 |
| October 1, 2019 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Nancy J Rosenstengel |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing 8
ORDER REGARDING JURISDICTION: This matter is before the Court sua sponte on the issue of federal subject matter jurisdiction. Plaintiffs allege that they are residents of Kansas. 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). Additionally, Section 1332 of Title 28 states that a corporation (such as Defendant LJ Transfer, Inc.) 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). Finally, Plaintiffs make no allegation regarding the citizenship of Defendant Lloyd Powers. Accordingly, Plaintiffs are ORDERED to file an Amended Complaint no later than December 12, 2019, which clearly sets forth the information needed to determine whether jurisdiction lies in this Court. If Plaintiffs fail to file an Amended Complaint in the manner and time prescribed or if, after reviewing it, the Court finds that Plaintiffs do not properly establish subject matter jurisdiction, the Court will dismiss the action for lack of jurisdiction. See Guaranty Natl Title Co. Inc. v. J.E.G. Associates, 101 F.3d 57, 59 (7th Cir. 1996); see also Tylka v. Gerber Prods. Co., 211 F.3d 445, 448-49 (7th Cir. 2000) (It is the plaintiff's burden to establish that this Court has jurisdiction, and a court is not required to "lead counsel through a jurisdictional paint-by-numbers scheme."). (Amended Pleadings due by 12/12/2019). Signed by Chief Judge Nancy J. Rosenstengel on 11/15/2019. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 NOTICE of Appearance by William L. Barr, Jr on behalf of Gerald Pates, Patricia Pates (Barr, William) |
| Filing 6 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 Barr 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. |
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Filing 5
ORDER granting #2 Motion to Appear Pro Hac Vice as to Attorney William L. Barr, Jr on 10/2/2019. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 Summons Issued as to LJ Transfer, Inc., Lloyd J. Powers. (cds) |
| Filing 3 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel and Magistrate Judge Mark A. Beatty assigned. All future documents must bear case number 19-cv-1057-NJR-MAB. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. (Attachments: #1 Consent Brochure)(cds) |
| Filing 2 MOTION to Appear Pro Hac Vice by Attorney William L. Barr, Jr $200 fee paid,receipt number 0754-3990131 by on behalf of Gerald Pates, Patricia Pates. (Barr, William) |
| Filing 1 COMPLAINT against LJ Transfer, Inc., Lloyd J. Powers ( Filing fee $ 400 receipt number 0754-3989966.), filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Summons LJ Transfer, Inc., #6 Summons Lloyd Powers)(Barr, William) |
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