Martin v. Central State Construction, Incorporated
| Martin and Gary Martin |
| Central State Construction, Incorporated |
| 3:2020cv00276 |
| March 16, 2020 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Other Fraud |
| 28 U.S.C. § 1391 |
| Both |
Docket Report
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This docket was last retrieved on August 23, 2021. A more recent docket listing may be available from PACER.
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Filing 20
ANSWER to #19 Amended Complaint by Central State Construction, Incorporated.(Cox, A.)
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Filing 19
AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(McDonald, James)
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Filing 18
NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Mark A. Beatty is ASSIGNED to conduct all proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. All future documents must bear case number 20-276-MAB. Any District Judge previously assigned will no longer be assigned to this case. (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 17
FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Cox, A.) Modified on 4/9/2020 (ack).
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Filing 16
ORDER denying #12 Motion for Extension of Time to Answer as MOOT. In light of the Court's previous Order requiring Plaintiff to file an amended complaint, Defendant need not file a responsive pleading to the original complaint and its motion for extension of time to do so is, therefore, MOOT. After the amended complaint is filed, Defendant will have 21 days to file its answer. Fed. R. Civ. P. 12. Signed by Magistrate Judge Mark A. Beatty on 4/9/2020. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 15
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."). The complaint indicates that this Court has original jurisdiction over the action based on the complete diversity of the parties (Doc. 1); however, the allegations regarding the citizenship of Plaintiff, Gary Martin, are deficient. Plaintiff alleges that he resides in Indiana, but "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 April 27, 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 4/9/2020. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 14
NOTICE OF MODIFICATION re #13 Notice Requesting Consent. Corrected requested party information. No further action is required by the filer in relation to this notification. (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 13
NOTICE FROM CLERK Instructing Central State Construction, Incorporated 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 due by 4/27/2020 (ack) Modified on 4/6/2020 (ack).
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Filing 12
MOTION for Extension of Time to File Answer to Complaint by Central State Construction, Incorporated. (Cox, A.)
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Filing 11
Corporate Disclosure Statement by Central State Construction, Incorporated. (Cox, A.)
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Filing 10
NOTICE of Appearance by A. Courtney Cox on behalf of Central State Construction, Incorporated (Cox, A.)
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Filing 9
NOTICE OF MODIFICATION re #8 Notice (Other) filed by Gary Martin. No further action is required by the filer in relation to this notification. (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 8
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties by Gary Martin re #1 Complaint (Williams, Stephen) Modified on 3/23/2020 (ack).
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Filing 7
Summons Issued as to Central State Construction, Incorporated. Original sent to requesting party Via U.S. Mail. (ack)
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Filing 6
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: Gary Martin. 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 20-276-MAB. Consent due by 4/7/2020 (ack)
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Filing 5
NOTICE of Appearance by James O. McDonald on behalf of Gary Martin (McDonald, James)
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Filing 4
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #3 Notice of Appearance filed by Gary Martin. Incorrect login/password used. (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 3
STRICKEN NOTICE of Appearance by Stephen L. Williams on behalf of Gary Martin (Williams, Stephen) Modified on 3/16/2020 (ack).
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Filing 2
NOTICE of Appearance by Stephen L. Williams on behalf of Gary Martin (Williams, Stephen)
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Filing 1
COMPLAINT against Central State Construction, Incorporated ( Filing fee $ 400 receipt number 0754-4140624.), filed by Gary Martin. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Williams, Stephen)
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