Crum and Forster Specialty Insurance Company v Dan Linck, et al
| CRUM AND FORSTER SPECIALTY INSURANCE COMPANY |
| DAN LINCK D/B/A LINCK & LOG, BRIAN LINCK, RHYS HUND and Dan Linck doing business as Linck & Log |
| 3:2022cv02909 |
| December 12, 2022 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Insurance |
| 28 U.S.C. ยง 2201 Declaratory Judgement (Insurance) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 1, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 9
JURISDICTIONAL ORDER: The Court has undertaken an initial review of the pleadings to ensure that jurisdiction has been properly pleaded. 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 invokes jurisdiction pursuant to 28 U.S.C. 1332, the diversity statute. (Doc. 1). Plaintiff alleges that "the amount in controversy, including the potential costs of defending and indemnifying Linck & Log and Brian Linck with regard to the Underlying Action, exceeds $75,000." (Doc. 1, p. 2). As such, Plaintiff fails to allege that the amount in controversy exceeds "$75,000, exclusive of interest and costs." 28 U.S.C. 1332 (emphasis added). Moreover, Plaintiff alleges that CFSIC is a Delaware corporation with a statutory home in Delaware. Plaintiff fails to allege its principal place of business. Plaintiff also alleges only that Linck & Log's owner is a citizen of Illinois, without describing the type of business entity Linck & Log is. If Linck & Log is an LLC or unincorporated entity, for example, each member's citizenship must be alleged, and if Dan Linck is its sole member, than that should be stated with specificity. Plaintiff is ORDERED to file an Amended Complaint that corrects the defects in its pleading of the Court's subject matter jurisdiction. The Amended Complaint shall be filed no later than February 15, 2023. 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. (Amended Pleadings due by 2/15/2023.) Signed by Chief Judge Nancy J. Rosenstengel on 2/1/2023. (kss) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 8 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 Chief Judge Nancy J. Rosenstengel for further proceedings. Magistrate Judge Gilbert C. Sison no longer assigned to the case. All future documents must bear case number 22-2909-NJR. (csb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Hickey, James) |
| Filing 6 NOTICE of Appearance by Colin B. Willmott on behalf of Crum and Forster Specialty Insurance Company (Willmott, Colin) |
| Filing 5 Federal Rule of Civil Procedure 7.1 Disclosure Statement by CRUM AND FORSTER SPECIALTY INSURANCE COMPANY. (Hickey, James) |
| Filing 4 NOTICE OF ACTION re #1 Complaint, filed by CRUM AND FORSTER SPECIALTY INSURANCE COMPANY.Because the required Disclosure Statement was not filed with the attached, this matter is being submitted to the presiding judge for further action. A copy of this Court's form Disclosure Statement can be found at #https://www.ilsd.uscourts.gov/Forms.aspx. (csb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 3 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Gilbert C. Sison 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: CRUM AND FORSTER SPECIALTY INSURANCE COMPANY. 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 22-2909-GCS. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 1/3/2023 (csb) |
| Filing 2 NOTICE of Appearance by James J. Hickey on behalf of CRUM AND FORSTER SPECIALTY INSURANCE COMPANY (Hickey, James) |
| Filing 1 COMPLAINT FOR DECLARATORY JUDGMENT against All Defendants ( Filing fee $ 402 receipt number AILSDC-4949768.), filed by CRUM AND FORSTER SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Hickey, James) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
