Talley v. LaFlamme et al
| Durwyn Talley |
| Brian J. LaFlamme, Stephen Wells, Robert Summers, Ronald Compton and Partners of Summers, Compton and Wells |
| 3:2019cv01359 |
| December 13, 2019 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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| Filing 21 NOTICE: Durwyn Talley was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, Durwyn Talley shall return the form within 7 days or face possible sanctions. Consent due by 2/14/2020 (tba) |
Filing 20
ORDER FINDING AS MOOT #19 Motion to Appoint Counsel. This motion is a replica of the motion at Doc. 17. Signed by Magistrate Judge Mark A. Beatty on 1/30/2019. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 MOTION to Appoint Counsel by Durwyn Talley. (jaj) |
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Filing 16
ORDER: The Court has reviewed Plaintiff's "Response to the Amended Notice of Removal" (Doc. #14 ) and believes it is most appropriately construed as a Motion to Remand. Defendant has 30 days from the date Plaintiff's motion was filed to submit his response. SDIL-LR 7.1(c). Signed by Magistrate Judge Mark A. Beatty on 1/27/2020. (arf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 19 MOTION to Appoint Counsel by Durwyn Talley. (jaj) |
| Filing 18 OBJECTION to #13 Notice of Initial Magistrate Assignment by Durwyn Talley. (jaj) |
| Filing 15 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Rembusch, Jill) |
| Filing 14 MOTION TO REMAND - Response to #8 Amended Notice of Removal filed by Durwyn Talley. (jaj) Modified on 1/24/2020: docket text modified to reflect Motion to REmand(arf) |
| Filing 13 NOTICE OF REASSIGNMENT TO A U.S. MAGISTRATE JUDGE: Pursuant to Administrative Order No. 257, this case is reassigned to United States Magistrate Judge Mark A. Beatty. Chief District Judge Nancy J. Rosenstengel no longer assigned to the case. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Brian J. LaFlamme, Durwyn Talley. All future documents must bear case number 19-1359-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due 2/6/2020.(lmb) |
| Filing 12 NOTICE REGARDING FILING re #8 Amended Notice of Removal filed by Brian J. LaFlamme, Partners of Summers, Compton and Wells. "All Defendants" removed from entry. Entry modified to reflect filed by as Brian J. LaFlamme. This Notice is sent for informational purposes only. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 11 NOTICE of Appearance by Jill R. Rembusch on behalf of Brian J. LaFlamme (Rembusch, Jill) |
| Filing 10 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #9 Notice (Other) filed by Brian J. LaFlamme, Partners of Summers, Compton and Wells. The document attached contains a Notice of Filing. Notices of Filing are not filed in this Court. Certificates of Service should only be filed as the final page of a pleading, and not a standalone document. No further action is required by the filer. (tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 9 STRICKEN NOTICE by All Defendants re #8 Notice of Removal (Attachments: #1 Exhibit Amended Notice of Removal)(Rembusch, Jill) Modified on 1/10/2020 (tba). |
| Filing 8 NOTICE OF REMOVAL Amended from Randolph County Circuit Court, case number 19-L-20, filed by Brian J. LaFlamme. (Attachments: #1 Exhibit A - Complaint)(Rembusch, Jill) |
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Filing 7
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."). Defendant Brian LaFlamme has removed this action to 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 ). Defendant, however, has failed to properly allege the citizenship of all parties. "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, Defendant is ORDERED to file an Amended Notice of Removal on or before January 31, 2020 to properly set forth the basis for this Court's jurisdiction. (Amended Pleadings due by 1/31/2020). Signed by Chief Judge Nancy J. Rosenstengel on 1/9/2020. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 URGENT JUDICIAL NOTICE to the Court by Durwyn Talley. (jaj) |
| Filing 5 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel and Magistrate Judge Mark A. Beatty assigned. All future documents must bear case number 19-1359-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. (amv) |
| Filing 4 MEMORANDUM in Support re #3 MOTION to Dismiss for Failure to State a Claim filed by Brian J. LaFlamme. (Attachments: #1 Exhibit 1 - Docket Sheet)(Rembusch, Jill) |
| Filing 3 MOTION to Dismiss for Failure to State a Claim by Brian J. LaFlamme. Responses due by 1/16/2020 (Rembusch, Jill) |
| Filing 2 NOTICE by Brian J. LaFlamme re #1 Notice of Removal (Attachments: #1 Exhibit Notice of Removal)(Rembusch, Jill) |
| Filing 1 NOTICE OF REMOVAL from Randolph County Circuit Court, case number 19-L-20, filed by Brian J. LaFlamme. (Attachments: #1 Exhibit A - Complaint, #2 Civil Cover Sheet Civil Cover Sheet)(Rembusch, Jill) |
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