Laws et al v. Casino Queen, Inc.
Plaintiff: Elaine Laws and Kimberly Dubard
Defendant: Casino Queen, Inc.
Case Number: 3:2019cv01216
Filed: November 5, 2019
Court: US District Court for the Southern District of Illinois
Presiding Judge: Mark A Beatty
Referring Judge: Nancy J Rosenstengel
Nature of Suit: Civil Rights: Other
Cause of Action: 05 U.S.C. ยง 552
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 9, 2019 Filing 12 CLERK'S JUDGMENT. Approved by Chief Judge Nancy J. Rosenstengel on 12/9/2019. (anb2)
December 9, 2019 Opinion or Order Filing 11 Order re Notice of Voluntary Dismissal (Doc. #9 ) filed by Plaintiffs: Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a 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. Because the opposing party in this case has neither filed an answer nor a motion for summary judgment, Plaintiffs' 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). Accordingly, this action is DISMISSED with prejudice. The Clerk of the Court is DIRECTED to close the case on the Court's docket. Signed by Chief Judge Nancy J. Rosenstengel on 12/9/2019.(anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 2, 2019 Opinion or Order Filing 10 ORDER: Pursuant to Administrative Order 257, this case has been selected for reassignment to a Magistrate Judge. Within 21 days of this Order, any party not previously having filed a Notice and Consent to Proceed before a Magistrate Judge Jurisdiction form in this case must file the attached form indicating that party's consent to proceed before a Magistrate Judge or an affirmative declination to consent. The 21-day deadline set forth in this Order does not apply to unserved parties. Deadlines for newly served parties to consent or decline to consent to proceed before a Magistrate Judge will be set by the Court at a later date. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent due by 12/23/2019. Signed by Chief Judge Nancy J. Rosenstengel on 12/2/2019. (tba)
November 26, 2019 Filing 9 NOTICE of Voluntary Dismissal by All Plaintiffs (Pollock, Jo Anna)
November 13, 2019 Filing 8 NOTICE of Appearance by Mitchell M. Breit on behalf of All Plaintiffs (Breit, Mitchell)
November 13, 2019 Filing 7 NOTICE of Appearance by Trent Miracle on behalf of All Plaintiffs (Miracle, Trent)
November 8, 2019 Opinion or Order 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."). Plaintiffs have filed a Complaint (Doc. #1 ), asserting that this Court has jurisdiction pursuant to the Class Action Fairness Act ("CAFA"), 28 U.S.C. 1332(d). The Complaint, however, fails to properly allege Defendant's citizenship. Section 1332 of Title 28 states that a corporation shall be deemed to be a citizen of any state and foreign state by which it has been incorporated and of the state or foreign 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). In order to correctly assert the basis of this Court's subject matter jurisdiction, Plaintiffs will need to specifically allege the state of incorporation and principal place of business for Defendant. Plaintiffs alleged the location of Defendant's headquarters instead of its principal place of business. Although the location of a corporation's headquarters is usually the same as its principal place of business, this is not always the case. See Wis. Knife Works v. Nat'l Metal Crafters, 781 F.2d 1280, 1282 (7th Cir. 1986). The Amended Complaint shall be filed no later than December 6, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 11/8/2019. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 6, 2019 Filing 5 NOTICE of Appearance by Jo Anna Pollock on behalf of All Plaintiffs (Pollock, Jo Anna)
November 6, 2019 Filing 4 NOTICE OF ACTION. See Local Rule 83.1(f). In all cases filed in, removed to, ortransferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Jo Anna Pollock does not have a Notice of Appearance on file in this case. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 6, 2019 Filing 3 Summons Issued as to Casino Queen, Inc. Original document sent to Attorney Jo Anna Pollock for service.(rah)
November 6, 2019 Filing 2 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel and Magistrate Judge Mark A. Beatty assigned. All future documents must bear case number 19-1216-NJR-MAB. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. (Attachments: #1 Consent Brochure)(rah)
November 5, 2019 Filing 1 COMPLAINT against Casino Queen, Inc. ( Filing fee $ 400 receipt number 0754-4019707.), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Pollock, Jo Anna)

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Plaintiff: Elaine Laws
Represented By: Jo Anna Pollock
Represented By: Trent Miracle
Represented By: Mitchell M. Breit
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Plaintiff: Kimberly Dubard
Represented By: Jo Anna Pollock
Represented By: Trent Miracle
Represented By: Mitchell M. Breit
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Defendant: Casino Queen, Inc.
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