Pawlak v. Bayer AG
| Dorothy Pawlak |
| Bayer AG |
| 3:2020cv00919 |
| September 11, 2020 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Document Text |
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| Filing 11 AMENDED COMPLAINT against Bayer AG, filed by Dorothy Pawlak.(Roth, Ronald) |
Filing 10
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 Dorothy Pawlak filed this suit on her own behalf and as executor of the estate of her deceased husband Robert Pawlak (Doc. 1). The complaint alleges that Plaintiff is a "resident of Madison County, Illinois" and so was her husband prior to his death (Doc. 1). However, "residence and citizenship are not synonyms and it is the latter that matters for purpose of diversity jurisdiction." Meyerson v. Harrah's E. Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002). Accordingly, Plaintiff is ORDERED to file an Amended Complaint on or before October 27, 2020 that clearly sets forth the information needed to establish the citizenship of the parties for the purposes of diversity jurisdiction. 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 10/13/20. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 NOTICE OF MODIFICATION re 8 Notice (Other) filed by Dorothy Pawlak. Filer used incorrect event. The correct event that should have been used is Consent/Non-Consent to U.S. Magistrate Judge. For future reference, go to Civil > Other Documents > Consent/Non-Consent to U.S. Magistrate Judge. Docket entry has been corrected to show the correct event. This notice is for informational purposes and therefore no action is required.(tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 7 NOTICE of Appearance by Ronald A. Roth on behalf of Dorothy Pawlak (Roth, Ronald) |
| Filing 6 NOTICE OF ACTION re #1 Complaint filed by Dorothy Pawlak.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 Ronald Roth does not have a Notice of Appearance on file in this case. (tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 5 Summons Issued as to Bayer AG. Original mailed to Attorney Ronald A. Roth. (tba) |
| Filing 4 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: Dorothy Pawlak. 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-cv-919-MAB. Consent due by 10/5/2020 (tba) |
| Filing fee: $ 400, receipt number 0754-4278308 (lmb) |
| Filing 3 NOTICE by Dorothy Pawlak re #1 Complaint Civil Cover Sheet (Roth, Ronald) |
| Filing 2 Summons Requested. (Roth, Ronald) |
| Filing 1 COMPLAINT against Bayer AG, filed by Dorothy Pawlak.(Roth, Ronald) |
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| Defendant: Bayer AG | |
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| Plaintiff: Dorothy Pawlak | |
| Represented By: | Ronald A. Roth |
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