Cobb v. Swan Surfaces, LLC
| Brian Cobb |
| Swan Surfaces, LLC |
| 3:2020cv01057 |
| October 7, 2020 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Other Fraud |
| 28 U.S.C. ยง 1346 |
| None |
Docket Report
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| Document Text |
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| Filing 11 CLERK'S JUDGMENT. Signed by Magistrate Judge Mark A. Beatty on 10/29/20. (klh2) |
Filing 10
ORDER DISMISSING CASE: Plaintiff filed #9 "Joint Stipulation of Dismissal," in which he indicates that he is voluntarily dismissing this matter without prejudice pursuant to Rule 41(a)(1). However, because Defendant has not yet been served or appeared in this case, the Court believes it is more appropriate to construe the submission as a notice of voluntary dismissal by Plaintiff, rather than a stipulation of dismissal by both parties. See Fed. R. Civ. P. 41(a)(1)(A)(i), (ii). Under Rule 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. Plaintiff's notice of voluntary dismissal is effective immediately upon filing and does not require judicial approval. See Nelson v. Napolitano, 657 F.3d 586 (7th Cir. 2011). The Clerk of Court is DIRECTED to enter judgment and close this case on the Court's docket. Signed by Magistrate Judge Mark A. Beatty on 10/29/20. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 STIPULATION of Dismissal by Brian Cobb. (Wise, Brandon) |
| Set Deadlines: Amended Pleadings due by 10/28/2020. (kek) |
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Filing 8
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 asserts that subject matter jurisdiction is based on a federal question (Doc. 1, p. 1), but the complaint does not identify any federal statute or constitutional right that was purportedly violated (see Doc. 1). Rather, the claims arise under the Illinois Biometric Information Privacy Act (see Doc. 1), and thus it appears that federal subject matter jurisdiction is actually based on diversity of citizenship under the Class Action Fairness Act ("CAFA"). However, Plaintiff does not allege that the amount in controversy exceeds $5 million dollars (see Doc. 1). 28 U.S.C. 1332(d)(2). Plaintiff also does not properly allege the citizenship of Defendant Swan Surfaces, LLC. Specifically, Plaintiff indicates that Swan Surfaces was organized under the laws of Delaware but does not allege the state where Swan Surfaces has its principal place of business (see Doc. 1). 28 U.S.C. 1332(D)(10). Accordingly, Plaintiff is ORDERED to file a first amended complaint, on or before October 28, 2020, which clearly sets forth all of the information needed to confirm that diversity jurisdiction under CAFA is satisfied. 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 7 NOTICE REGARDING FILING re #1 Complaint filed by Brian Cobb. The Civil Cover Sheet submitted is a fillable document. Fillable documents should be converted to non-fillable PDF documents before filing on CM/ECF.This Notice is sent for informational purposes only. (kls3) |
| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Wise, Brandon) |
| Filing 5 NOTICE of Appearance by Paul A. Lesko on behalf of Brian Cobb (Lesko, Paul) |
| Filing 4 NOTICE of Appearance by Brandon M. Wise on behalf of Brian Cobb (Wise, Brandon) |
| Filing 3 NOTICE OF ACTION - 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 Brandon Wise does not have a Notice of Appearance on file in this case. (kek)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: Brian Cobb. 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-1057-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 10/29/2020 (kek) |
| Filing fee received upon docketing: $ 400.00, receipt number 0754-4302300 (kek) |
| Filing 1 COMPLAINT against Swan Surfaces, LLC, filed by Brian Cobb.(Wise, Brandon) |
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| Defendant: Swan Surfaces, LLC | |
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| Plaintiff: Brian Cobb | |
| Represented By: | Brandon M. Wise |
| Represented By: | Paul A. Lesko |
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