Tribout v. Jindra et al
| Rachel Allison Tribout and Rachael Tribout |
| Ricky Allen Jindra and Norsemen Trucking, Inc. |
| 3:2022cv02173 |
| September 16, 2022 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Defendant |
Docket Report
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Filing 19
ORDER regarding Defendants' Notice of Appearance (Doc. 16). The Court notes that the Notice of Appearance was not filed with a Disclosure Statement for Norsemen Trucking, Inc., as required by Federal Rule of Civil Procedure 7.1. Accordingly, the Court DIRECTS Defendants' Attorney to file such a Disclosure Statement on or before Monday, November 21, 2022. Signed by Judge David W. Dugan on 11/14/2022. (jnh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set Deadlines: Action (filing of Disclosure Statement) due by 11/21/2022. (bmc) |
| Filing 18 DEMAND for Trial by Jury by All Defendants. (Richmond, John) |
| Filing 17 Defendants ANSWER to #11 Amended Complaint by All Defendants.(Richmond, John) |
| Filing 16 NOTICE of Appearance by John T. Richmond, Jr on behalf of All Defendants (Richmond, John) |
| Filing 15 SUMMONS Returned Executed by Rachael Tribout. Norsemen Trucking, Inc. served on 10/18/2022, answer due 11/8/2022. (Cooksey, Kristina) |
| Filing 14 SUMMONS Returned Executed by All Plaintiffs. Ricky Allen Jindra served on 10/18/2022, answer due 11/8/2022. (Cooksey, Kristina) |
| Filing 13 JURISDICTIONAL MEMORANDUM by All Plaintiffs. Regarding #11 Amended Complaint JURISDICTIONAL SUPPLEMENT. (Rich, Michelle) |
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Filing 12
ORDER regarding Plaintiff's Amended Complaint (Doc. 11). For the reasons explained in the attached Memorandum & Order, Plaintiff is DIRECTED to file a jurisdictional supplement to the Amended Complaint on or before October 17, 2022. Signed by Judge David W. Dugan on 9/26/2022. (jnh)
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| Filing 11 AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: #1 Affidavit)(Cooksey, Kristina) |
| Filing 10 Summonses Issued as to Ricky Allen Jindra and Norsemen Trucking, Inc., originals mailed to Attorney Cooksey. (kdw) |
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Filing 9
ORDER directing Plaintiff to file a jurisdictional supplement to the Complaint (Doc. 1). Plaintiff's Complaint asserts diversity jurisdiction under 28 U.S.C. 1332. As support, Plaintiff states, "at all times relevant hereto, Plaintiff...was a resident of the City of Swansea, in the State of Illinois, and is therefore a citizen of the State of Illinois." (Doc. 1, pgs. 1, 3). With respect to Defendant, Ricky Allen Jindra, Plaintiff alleges, "at all time relevant hereto, the Defendant...was a resident of the City of Mason City, in the State of Iowa, and is therefore a citizen of the State of Iowa." (Doc. 1, pg. 1). Likewise, as for Defendant, Norsemen Trucking, Inc., Plaintiff states, "at all times relevant hereto, the Defendant...was an Iowa corporation with its principal place of business located in the city of Lake Mills, in the State of Iowa." (Doc. 1, pg. 3). In view of the statements describing the residency and citizenship of Plaintiff and Defendant Jindra, the Court notes that "residence and citizenship are not synonyms and it is the latter that matters for purposes of the diversity jurisdiction." See Meyerson v. Harrah's East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002). In this context, citizenship is one's place of domicile. See Dakuras v. Edwards, 312 F.3d 256, 258 (7th Cir. 2002). Domicile requires physical presence, with an intent to remain, in the state. See Denlinger v. Brennan, 87 F.3d 214, 216 (7th Cir. 1996). So the Court may satisfy itself of subject matter jurisdiction, Plaintiff is ORDERED to file a jurisdictional supplement, clearly stating the citizenship of each party, on or before Tuesday, October 11, 2022. (Jurisdictional supplement due by 10/11/2022). Signed by Judge David W. Dugan on 9/19/2022. (jnh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 NOTICE of Appearance by Thomas C. Rich on behalf of All Plaintiffs (Rich, Thomas) |
| Filing 7 NOTICE of Appearance by Kristina D. Cooksey on behalf of All Plaintiffs (Cooksey, Kristina) |
| Filing 6 NOTICE of Appearance by Michelle M. Rich on behalf of All Plaintiffs (Rich, Michelle) |
| Filing 5 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #2 and #3 Notice of Appearance filed by Rachel Allison Tribout. Login used and signature do not match. Filer will re-file documents. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 4 Notice of Judge Assignment. Judge David W. Dugan assigned. All future documents must bear case number 22-2173-DWD. (kdw) |
| Filing 3 STRICKEN NOTICE of Appearance by Kristina D. Cooksey on behalf of All Plaintiffs (Cooksey, Kristina) Modified on 9/19/2022 (kdw). |
| Filing 2 STRICKEN NOTICE of Appearance by Kristina D. Cooksey on behalf of All Plaintiffs (Cooksey, Kristina) Modified on 9/19/2022 (kdw). |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AILSDC-4884725.), filed by All Plaintiffs. (Attachments: #1 Affidavit, #2 Civil Cover Sheet, #3 Summons Ricky Allen Jindra, #4 Summons Norsemen Trucking, Inc.)(Cooksey, Kristina) |
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