Luster v. JRE Financial, LLC
| Terrie Luster |
| JRE Financial, LLC d/b/a AAA Community Finance and JRE Financial, LLC doing business as AAA Community Fianance |
| 3:2021cv00698 |
| June 24, 2021 |
| 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 January 27, 2022. A more recent docket listing may be available from PACER.
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Filing 20
MOTION for Discovery by Terrie Luster. (Horscroft, Thomas)
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Filing 19
RESPONSE to #17 Jurisdictional Memorandum filed by Terrie Luster. (Horscroft, Thomas)
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Filing 18
NOTICE of Appearance by Thomas C. Horscroft on behalf of Terrie Luster (Horscroft, Thomas)
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Filing 17
JURISDICTIONAL MEMORANDUM by JRE Financial, LLC. Regarding 15 Order,,,,,,,,,, (Pursuant to the Court's Order of August 4, 2021. (Attachments: #1 Exhibit)(Barron, Ann)
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Filing 16
ORDER. Pursuant to the Order entered on August 4, 2021 (Doc. 15), the parties are instructed to file briefs with the Court on the issue of subject matter jurisdiction. Defendant's motion to dismiss is also pending, with a response deadline of September 7 (Doc. 13). As the Court must first ensure it has subject matter jurisdiction over the claims, the response deadline to Defendant's motion to dismiss is STAYED until the jurisdictional briefs are filed and the Court has issued an Order on the issue of subject matter jurisdiction. At that point, the Court will RESET, if needed, the response and reply deadline for the pending motion to dismiss.Signed by Magistrate Judge Mark A. Beatty on 8/5/2021. (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."). Defendant removed this action on June 24, 2021 pursuant to the Class Action Fairness Act (CAFA), which requires minimal diversity, meaning one member of the plaintiff class is a citizen of a state different from any one defendant, of the parties (Doc. 1). See Dancel v. Groupon, Inc., 940 F.3d 381, 383 (7th Cir. 2019). However, the allegations regarding the citizenship of both parties are deficient. First, Defendant outlines that Plaintiff is a resident of Missouri (Doc. 1, p. 2). "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). Second, the Court needs more information to determine whether minimal diversity is present here. If Plaintiff is a citizen of Missouri, and Defendant is a citizen of both Missouri and Illinois, this begs the question as to whether minimal diversity is satisfied. Other Circuits, including the Sixth, Eleventh, and Fourth, have confronted a similar issue and confirmed that a corporation is a citizen of its place of incorporation and where it maintains its principal place of business (and not either/or) for the purposes of minimal diversity and CAFA. See Roberts v. Mars Petcare US, Inc., 874 F.3d 953 (6th Cir. 2017); Life of the South Insur. Comp. v. Carzell 851 F.3d 1342 (11th Cir. 2017); Johnson v. Advance America, 549 F.3d 932 (4th Cir. 2008). Accordingly, the Court ORDERS Defendant to file a brief (not exceeding ten pages) on the issue of federal subject matter jurisdiction and whether this Court has jurisdiction over these parties on or before August 11, 2021. Once Defendant files its jurisdictional brief, Plaintiff may file a response to the jurisdictional brief on or before August 18, 2021. Signed by Magistrate Judge Mark A. Beatty on 8/4/2021. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 14
MEMORANDUM in Support re #13 MOTION to Dismiss and/or Motion to Stay and Compel Arbitration filed by JRE Financial, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Barron, Ann)
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Filing 13
MOTION to Dismiss and/or Motion to Stay and Compel Arbitration by JRE Financial, LLC. Responses due by 9/7/2021 (Barron, Ann)
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Filing 12
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 21-cv-698-MAB. Any District Judge previously assigned will no longer be assigned to this case. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 11
FINAL CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Green, Kevin) Unsealed on 7/19/2021 (kek).
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Filing 10
NOTICE of Appearance by Thomas P. Rosenfeld on behalf of Terrie Luster (Rosenfeld, Thomas)
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Filing 9
NOTICE of Appearance by Mark C. Goldenberg on behalf of Terrie Luster (Goldenberg, Mark)
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Filing 8
NOTICE of Appearance by Kevin P. Green on behalf of Terrie Luster (Green, Kevin)
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Filing 7
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Barron, Ann) Unsealed on 7/19/2021 (kek).
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Filing 6
ORDER GRANTING #5 Defendant's Motion for Extension of Time. Defendant requests an additional 30 days to respond to Plaintiff's complaint. Plaintiff does not oppose the motion. Accordingly, the motion is GRANTED. Defendant's responsive pleading to Plaintiff's complaint is now due on or before August 2, 2021.Signed by Magistrate Judge Mark A. Beatty on 7/1/2021. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 5
MOTION for Extension of Time (unopposed) by JRE Financial, LLC. (Barron, Ann)
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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: All Parties. 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 21-698-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 7/16/2021 (kdw)
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Filing 3
Corporate Disclosure Statement by JRE Financial, LLC d/b/a AAA Community Finance. (Barron, Ann)
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Filing 2
NOTICE of Appearance by Ann C. Barron on behalf of JRE Financial, LLC d/b/a AAA Community Finance (Barron, Ann)
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Filing 1
NOTICE OF REMOVAL from Third Judicial Circuit - Madison County, case number 2021-L-000585 ( Filing fee $ 402 receipt number 0754-4511283), filed by JRE Financial, LLC d/b/a AAA Community Finance. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B)(Barron, Ann)
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