Pekin Insurance Company v. Gree USA, Inc. et al
| Pekin Insurance Company |
| Gree USA, Inc. and Gree Electric Appliances, Inc. of Zhuhai |
| 3:2022cv03126 |
| December 29, 2022 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prop. Damage Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Property Damage |
| None |
Docket Report
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| Document Text |
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| Filing 8 Summons Issued as to Gree Electric Appliances, Inc. of Zhuhai, Gree USA, Inc.. Originals mailed to Attorney Ostojic. (jlh) |
| Filing 7 Summons Requested. (Ostojic, Robert) |
| Filing 6 Summons Requested. (Ostojic, Robert) |
| Filing 5 NOTICE of Appearance by Robert Ostojic on behalf of Pekin Insurance Company (Ostojic, Robert) |
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 Perkin Insurance Company has filed a Complaint asserting that this Court has jurisdiction pursuant to 28 U.S.C. 1332, the diversity statute. (Doc. #1 ). The Complaint alleges that "[t]he amount in controversy is greater than the jurisdictional limits of $75,000.00, and diversity jurisdiction exists under 28 U.S.C. 1332." (Id. at p. 2). Plaintiff also alleges that it "paid in excess of $192,923.05 to or on behalf of John Boyer as a result of the subject fire and defendants actions." (Id.). The party invoking federal jurisdiction has the burden of establishing that it exists. See Schimmer v. Jaguar Cars, Inc., 384 F.3d 402, 404 (7th Cir. 2004) (a removing defendant must demonstrate a "reasonable probability" that subject-matter jurisdiction exists). "Merely to accept the amount claimed in the complaint as the amount in controversy sidesteps the 'reasonable probability' analysis." Id. at 405. "The amount in controversy 'is determined by an evaluation of the controversy described in the plaintiff's complaint and the record as a whole, as of the time the case was filed.'" Id. at 406 (quoting Uhl v. Thoroughbred Tech. & Telecommunications, Inc., 309 F.3d 978, 983 (7th Cir. 2002)). Based on the complaint and the record so far, the amount in controversy exceeds "$75,000, exclusive of interest and costs." 28 U.S.C. 1332 (emphasis added). Signed by Chief Judge Nancy J. Rosenstengel on 1/3/2023. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 NOTICE OF ACTION re #1 Complaint filed by Pekin 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. In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Ostojic does not have a Notice of Appearance on file in this case. (jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 2 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 22-3126-NJR. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (jlh) |
| Filing 1 COMPLAINT AT LAW against All Defendants ( Filing fee $ 402 receipt number AILSDC-4963011.), filed by Pekin Insurance Company. (Attachments: #1 Civil Cover Sheet)(Ostojic, Robert) |
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