Holtz v. Historic Timber and Plank, Inc. et al
| Jeffrey A Holtz |
| Joseph Adams, Historic Timber and Plank, Inc. and Margaret Adams |
| 3:2020cv00091 |
| January 22, 2020 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on March 20, 2020. A more recent docket listing may be available from PACER.
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| Filing 15 NOTICE FROM CLERK Instructing all defendants to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to all defendants on 3/20/2020. Consent due by 4/10/2020 (trb) |
| Filing 14 ANSWER to #6 Amended Complaint by All Defendants.(Chatham, Grey) |
| Filing 13 NOTICE of Appearance by Grey R. Chatham, Jr on behalf of All Defendants (Chatham, Grey) |
| Filing 12 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Scott, Russell) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Jeffrey A Holtz. Historic Timber and Plank, Inc. waiver sent on 1/23/2020, answer due 3/23/2020. (Scott, Russell) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Jeffrey A Holtz. Margaret Adams waiver sent on 1/23/2020, answer due 3/23/2020. (Scott, Russell) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Jeffrey A Holtz. Joseph Adams waiver sent on 1/23/2020, answer due 3/23/2020. (Scott, Russell) |
Filing 8
ORDER granting #7 Motion to Appear Pro Hac Vice by Attorney Kevin F. Hormuth on behalf of Jeffrey A Holtz. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 MOTION to Appear Pro Hac Vice by Attorney Kevin F. Hormuth $200 fee paid,receipt number 0754-4107139 by on behalf of Jeffrey A Holtz. (Hormuth, Kevin) |
| Filing 6 AMENDED COMPLAINT against All Defendants, filed by Jeffrey A Holtz.(Scott, Russell) |
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Filing 5
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."). Plaintiff alleges that he resides in Missouri and that Defendants Joseph and Margaret Adams reside in Illinois (Doc. 1). 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 by the person's domicile, which means the state where the person is physically present with an intent to remain there indefinitely. See Pollution Control Indus. of Am., Inc. v. Van Gundy, 21 F.3d 152, 155 n.4 (7th Cir. 1994), 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, Plaintiff is ORDERED to file an Amended Complaint on or before February 14, 2020 that clearly sets forth the information needed to determine whether complete diversity exists and jurisdiction lies with this Court. If Plaintiff fails to file an Amended Complaint in the manner and time prescribed or if, after reviewing it, the Court finds that Plaintiff does not properly establish subject matter jurisdiction, the Court may dismiss the action for lack of jurisdiction. Signed by Magistrate Judge Mark A. Beatty on 1/24/2020. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 NOTICE of Appearance by Russell K. Scott on behalf of Jeffrey A Holtz (Scott, Russell) |
| 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 Scott 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. |
| Filing 2 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Mark A. Beatty pursuant to Administrative Order No. 257. 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: Jeffrey A Holtz. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 20-91-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 2/13/2020 (trb) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0754-4093401.), filed by Jeffrey A Holtz. (Attachments: #1 Civil Cover Sheet A)(Scott, Russell) |
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