Warner et al v. Vargas et al
| Timothy Wheat and Megan Warner |
| Luis F Vargas, Jose L Cruz, Veronica P Cruz, Jose R Cruz, Jose Refugio Cruz, Luis Vargas Vazquez, Zaragoza Jo Cruz, Veronica Patricia Cruz, Jose Cruz Zaragoza, Jose Lopez Cruz and Luis Vazquez Vargas |
| 3:2021cv00302 |
| March 17, 2021 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 7, 2021. A more recent docket listing may be available from PACER.
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| Filing 20 AMENDED COMPLAINT against Jose Lopez Cruz, Jose Refugio Cruz, Veronica Patricia Cruz, Luis F Vargas, filed by Megan Warner, Timothy Wheat.(Lindsay, Jaye) |
| Filing 19 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge Stephen P. McGlynn for further proceedings. Magistrate Judge Mark A. Beatty no longer assigned to the case. All future documents must bear case number 21-302-SPM. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Set/Reset Deadlines: Plaintiffs are ORDERED to file an Amended Complaint on or before May 11, 2021 that clearly sets forth the information needed to establish the citizenship of the parties for the purposes of diversity jurisdiction. (Amended Pleadings due by 5/11/2021). (lmb) |
Filing 18
ORDER GRANTING #13 Defendants' motion for leave to file; DENYING AS MOOT #11 Plaintiffs' motion for default judgment. Defendants request leave to file their responses to Plaintiffs' complaint, as they explain they are filing them late due to language barriers. The motion is GRANTED. Defendants are instructed to file their responsive pleadings on or before May 18, 2021, after Plaintiffs file their amended complaint. As for Plaintiff's motion for default judgment, obtaining a default judgment entails two separate, sequential steps that should not be combined. First, the plaintiff must file a motion for entry of default pursuant to Rule 55(a) with the Clerk of Court and demonstrate that the defendant has failed to answer or otherwise respond to the complaint. FED. R. CIV. P. 55(a); In re Catt, 368 F.3d 789, 793 (7th Cir. 2004). Once default has been established, and thus liability, the plaintiff must then file a motion for default judgment pursuant to Rule 55(b) and establish his entitlement to the relief he seeks. FED. R. CIV. P. 55(b); VLM Food Trading Int'l, Inc. v. Illinois Trading Co., 811 F.3d 247, 255 (7th Cir. 2016); In re Catt, 368 F.3d at 793. Here, it appears Plaintiffs are attempting to combine those two steps in the filing. As Defendants have requested leave to file their responsive pleadings, they are no longer potentially in default and, as such, Plaintiffs' motion is DENIED as MOOT #11 . Signed by Magistrate Judge Mark A. Beatty on 5/4/2021. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 17
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."). Plaintiffs Megan Warner and Timothy Wheat filed this suit on March 17, 2021 (Doc. 1). The complaint alleges that Plaintiffs reside at an address located in St. Clair County, Illinois (Doc. 1). As for Defendants, Plaintiffs allege, based "on information and belief," they reside at various addresses in and around St. Louis, Missouri (Doc. 1). First, "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). Additionally, jurisdictional allegations must be made on personal knowledge, not on information and belief, to invoke the subject matter jurisdiction of a federal court. See America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992) (only a statement about jurisdiction "made on personal knowledge has any value" and a statement made "'to the best of my knowledge and belief' is insufficient" to engage diversity jurisdiction "because it says nothing about citizenship"); Page v. Wright, 116 F.2d 449, 451 (7th Cir. 1940) (an allegation of a party's citizenship for diversity purposes that is "made only upon information and belief" is unsupported). Accordingly, Plaintiffs are ORDERED to file an Amended Complaint on or before May 11, 2021 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 5/4/2021. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Bent, Christopher) |
| Filing 15 NOTICE OF MODIFICATION re #13 Motion for Leave to File filed by Jose Refugio Cruz, Veronica Patricia Cruz, Luis F Vargas, Jose Lopez Cruz. Proposed documents are not to be filed, but rather submitted via e-mail to the Court (see CM/ECF Users Manual at pgs. 2.6-2.7). Proposed documents need to be e-mailed to the proper judge. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 14 NOTICE FROM CLERK Instructing Luis F. Vargas, Jose Refugio Cruz, Veronica Patricia Cruz, and Jose Lopez Cruz 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 Luis F. Vargas, Jose Refugio Cruz, Veronica Patricia Cruz, and Jose Lopez Cruz on 5/3/2021. Consent due by 5/24/2021 (lmb) |
| Filing 13 First MOTION for Leave to File by All Defendants. (Attachments: #1 Exhibit Proposed Answer For Vargas, #2 Exhibit Proposed MTD Counts III to VIII)(Bent, Christopher) |
| Filing 12 NOTICE of Appearance by Christopher B. Bent on behalf of All Defendants (Bent, Christopher) |
| Filing 11 First MOTION for Default Judgment as to Defendants Jose R. Cruz, Luis F. Vargas, and Veronica Cruz, by All Plaintiffs. (Lindsay, Jaye) |
| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Lindsay, Jaye) |
| Filing 9 NOTICE: Megan Warner, Timothy Wheat 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, Megan Warner, Timothy Wheat shall return the form within 7 days or face possible sanctions. The Clerk notes that due to the COVID-19 public health crisis, deadlines that were pending on or before April 1, 2020 were extended in accord with Administrative Order No. 261 and/or Amended Administrative Order No. 261. This automated notice does not take into account any such extensions. If, after the expiration of the 7-day deadline set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Consent due by 4/16/2021 (lmb) |
| Filing 8 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #7 Return of Service Executed filed by Timothy Wheat, Megan Warner. Incorrect event selected. Select the event which most closely matches the document being filed. For this document, the correct event is "Summons Returned Executed. E-filer is instructed to re-file using Civil>Service of Process> Summons Returned Executed in order to properly trigger the answer due deadline. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 7 ENTRY STRICKEN: RETURN OF SERVICE EXECUTED by All Plaintiffs on 03/23/2021. (Attachments: #1 Summons Summons Not Served (Deceased), #2 Summons Summons Executed, #3 Summons Summons Executed, #4 Summons Summons Executed)(Lindsay, Jaye) Modified on 4/7/2021 (lmb). |
| Filing 6 NOTICE of Appearance by Jaye R. Lindsay on behalf of All Plaintiffs (Lindsay, Jaye) |
| Filing 5 Summons Requested. (Attachments: #1 Summons, #2 Summons, #3 Summons)(Lindsay, Jaye) |
| Filing 4 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 Lindsay does not have a Notice of Appearance on file in this case. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 3 Summons Issued as to Jose Lopez Cruz, Jose Refugio Cruz, Veronica Patricia Cruz, Luis F Vargas. Original summons mailed to Attorney Jaye Lindsay (lmb) |
| 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: Megan Warner, Timothy Wheat. 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 21-302-MAB. Consent due by 4/8/2021 (lmb) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0754-4431335.), filed by All Plaintiffs. (Attachments: #1 Summons Summons_Driver, #2 Summons Summons_Veronica Cruz, #3 Summons Summons_Jose Lopez, #4 Summons Summons_Jose Refugio, #5 Civil Cover Sheet Cover Sheet)(Lindsay, Jaye) |
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