Langfeldt v. Mannley Transport, Inc. et al
| Timothy Langfeldt |
| Mannley Transport, Inc. and Johan Redecop |
| 3:2021cv01736 |
| December 22, 2021 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Motor Vehicle |
| 28 U.S.C. ยง 1391 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 12 NOTICE of Appearance by Korissa M. Zickrick on behalf of Mannley Transport, Inc. (Zickrick, Korissa) |
| Filing 11 NOTICE of Appearance by Ted L. Perryman on behalf of Mannley Transport, Inc. (Perryman, Ted) |
| Filing 10 SUMMONS Returned Executed by All Plaintiffs. Mannley Transport, Inc. served on 2/7/2022, answer due 2/28/2022. (Bekkerman, Gerald) |
| Filing 9 Summons Issued as to Johan Redecop. Original sent to requesting party. (clt) |
| Filing 8 Summons Requested. (Bekkerman, Gerald) |
| Filing 7 NOTICE of Appearance by James P. Lynch on behalf of All Plaintiffs (Lynch, James) |
| Filing 6 NOTICE REGARDING FILING: The login information at Doc 5 does not match the signing attorney. This Notice is sent for informational purposes only. (jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 5 AMENDED COMPLAINT against All Defendants, filed by Timothy Langfeldt.(Bekkerman, Gerald) |
| Set/Reset Deadlines: Amended Pleadings due by 1/11/2022. (clt) |
Filing 4
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 Langfeldt has filed a Complaint (Doc. 1), asserting that this Court has jurisdiction pursuant to 28 U.S.C. 1332, the diversity statute. The Complaint, however, fails to properly allege Defendants' citizenship. Section 1332 states that a corporation shall be deemed to be a citizen of any state and foreign state by which it has been incorporated and of the state or foreign state where it has its principal place of business. The state of incorporation and the principal place of business must be alleged in the Complaint. McMillian v. Sheraton Chicago Hotel & Towers, 567 F.3d 839, 845 n.10 (7th Cir. 2009), quoting 28 U.S.C. 1332(c)(1). Langfeldt alleges Mannley Transport, Inc. "is a Canadian corporation, and, upon information and belief, their primary place of business is 1571 Seacliff Drive Unit 2, Kingsville, Ontario N9Y 2M5." (Doc. 1, p. 1). In order to correctly assert the basis of this Court's subject matter jurisdiction, Langfeldt will need to specifically allege the state of incorporation and principal place of business for Defendant. Further, Plaintiff has failed to properly allege the citizenship of himself and Defendant Johan B. Redecop. Plaintiff alleges he is a "permanent resident of Ashland City, Tennessee." (Doc. 1, p. 1). Plaintiff also alleges that Defendant Johan Redecop is a "permanent resident of Leamington, Ontario." (Id.). However, "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, see Pollution Control Indus. of Am., Inc. v. Van Gundy, 21 F.3d 152, 155 n. 4 (7th Cir. 1994), which means the state where the person is physically present with an intent to remain there indefinitely. See Perry v. Pogemiller, 16 F.3d 138, 140 (7th Cir. 1993). Additionally, the amount in controversy must exceed "$75,000, exclusive of interest and costs" for the Court to have diversity jurisdiction over the case. 28 U.S.C. 1332 (emphasis added). Here, the Complaint alleges that "[t]he amount in controversy in this case is in excess of $75,000.00." (Doc. 1, p. 1). The Amended Complaint shall be filed no later than January 11, 2022. 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 Chief Judge Nancy J. Rosenstengel on 1/4/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 21-1736-NJR. (jlh) |
| Filing 2 Summons Issued as to Mannley Transport, Inc. Original mailed to Attorney Gerald Bekkerman. (jlh) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AILSDC-4664095.), filed by Timothy Langfeldt. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Bekkerman, Gerald) |
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