Suddard et al v. 1541335 Ontario, Inc., et al.
| Lesley Suddard, Sana Wilbanks and Sans Wilbanks |
| 1541335 Ontario Inc. d/b/a Road Link Xpress, Inder Singh Nagra and 1541335 Ontario Inc. doing business as Road Link Xpress |
| 3:2022cv02498 |
| October 27, 2022 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Stephen P McGlynn |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 25, 2023. A more recent docket listing may be available from PACER.
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| Filing 22 NOTICE ASSIGNING DISTRICT JUDGE FOR ENTRY OF AN ORDER: A Motion and/or Report and Recommendation requiring consideration by a district judge has been filed. Accordingly, at the request of the assigned Magistrate Judge, District Judge Stephen P. McGylnn. is assigned for entry of an order regarding #17 MOTION for Default Judgment as to Defendant 1541335 Ontario, Inc. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 21
ORDER. This case has been assigned to the undersigned Magistrate Judge pursuant to Administrative Order 257. Not all parties have had the opportunity to consent to magistrate judge jurisdiction and a motion has been filed requiring the immediate attention of a district judge. Accordingly, the Clerk is DIRECTED to assign a District Judge for consideration of #17 Plaintiffs' Motion for Default Judgment. See 28 U.S.C. 636(b)(1)(B); F.R.C.P. 72(b). Signed by Magistrate Judge Mark A. Beatty on 12/22/2022. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 20 AMENDED COMPLAINT against 1541335 Ontario Inc., Inder Singh Nagra, filed by Lesley Suddard, Sans Wilbanks. (Attachments: #1 Exhibit A To Plaintiffs First Amended Complaint, #2 Exhibit B To Plaintiffs First Amended Complaint)(Marcus, Robert) |
| Filing 19 SUMMONS Returned Executed by Lesley Suddard, Sans Wilbanks. Inder Singh Nagra served on 12/19/2022, answer due 1/9/2023. (Marcus, Robert) |
| Amended Complaint due by 12/29/2022. (aza) |
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Filing 18
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."). In paragraph four of the complaint (Doc. 1, p. 1), Plaintiffs allege, upon information and belief, that Defendant Inder Singh Nagra is a Canadian citizen. Id. Jurisdictional allegations must be made on personal knowledge, not on information and belief, to invoke the subject matter jurisdiction of a federal court. See Americas 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 December 29, 2022 that clearly sets forth the information needed to establish the citizenship of Defendant Inder Singh Nagra for the purpose of diversity jurisdiction. Signed by Magistrate Judge Mark A. Beatty on 12/20/2022. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 MOTION for Default Judgment as to Defendant 1541335 Ontario, Inc by Lesley Suddard, Sans Wilbanks. (Attachments: #1 Exhibit A To Plaintiffs Motion For Default Judgment Against Defendant 1541335 Ontario Inc., #2 Exhibit B To Plaintiffs Motion For Default Judgment Against Defendant 1541335 Ontario Inc)(Marcus, Robert) |
| Filing 16 NOTICE by Lesley Suddard, Sans Wilbanks Notice of Entry of Default Pursuant To Local Rule 55.1 (Marcus, Robert) |
| Filing 15 Clerk's ENTRY OF DEFAULT as to 1541335 Ontario Inc.(kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (kdw). |
| Filing 14 First MOTION for Entry of Default Against 1541335 Ontraio Inc by Lesley Suddard, Sans Wilbanks. (Attachments: #1 Exhibit A To Plaintiffs Motion For A Clerks Entry of Default Against 1541335 Ontario Inc., Under FRCP 55(a), #2 Exhibit B To Plaintiffs Motion For A Clerks Entry of Default Against 1541335 Ontario Inc., Under FRCP 55(a))(Marcus, Robert) |
| Filing 13 Summons Reissued as to Inder Singh Nagra and original mailed to Attorney Marcus. (kdw) |
| Filing 12 Summons Requested. (Marcus, Robert) |
| Filing 11 RETURN OF SERVICE UNEXECUTED by All Plaintiffs (Marcus, Robert) |
| Filing 10 NOTICE OF IMPENDING DISMISSAL: The record before the Court indicates that Defendant 1541335 Ontario Inc. has been served yet failed to file an answer or otherwise plead in response to the complaint, which was due by November 22, 2022 (Doc. 7). Therefore, NOTICE IS HEREBY GIVEN that Defendant 1541335 Ontario Inc. will be dismissed for want of prosecution unless Plaintiff moves for a clerk's entry of default under Federal Rule of Civil Procedure 55(a) within 21 days from this date. Action by plaintiff due by 12/27/2022. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 9 Summons Issued as to Inder Singh Nagra. Original mailed to counsel for service. (csb) |
| Filing 8 Summons Requested. (Marcus, Robert) |
| Filing 7 SUMMONS Returned Executed by Lesley Suddard, Sans Wilbanks. 1541335 Ontario Inc. served on 11/1/2022, answer due 11/22/2022. (Marcus, Robert) |
| Filing 6 Summons Issued as to 1541335 Ontario Inc. and original mailed to Attorney Marcus. (kek) |
| Filing 5 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Marcus, Robert) |
| Filing 4 Summons Requested. (Marcus, Robert) |
| Filing 3 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: Lesley Suddard, Sans Wilbanks. 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 22-2498-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 11/18/2022 (kdw) |
| Filing 2 NOTICE of Appearance by Robert P. Marcus on behalf of Lesley Suddard, Sana Wilbanks (Marcus, Robert) |
| Filing 1 COMPLAINT against Inder Singh Nagra, 1541335 Ontario Inc. d/b/a Road Link Xpress ( Filing fee $ 402 receipt number AILSDC-4916281.), filed by Lesley Suddard, Sana Wilbanks. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Marcus, Robert) |
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