Lee v. Tharrington
| Paul Lee doing business as The Psymple Words Company doing business as Psymple Words |
| JoEllen Tharrington and JKC Concierge LLC |
| 3:2023cv02686 |
| August 3, 2023 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Commerce ICC Rates, Etc. |
| 28 U.S.C. ยง 1331 Fed. Question: Trademark |
| None |
Docket Report
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This docket was last retrieved on August 31, 2023. A more recent docket listing may be available from PACER.
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| Filing 10 CLERK'S JUDGMENT. Approved by Chief Judge Nancy J. Rosenstengel on 8/31/2023. (lrs) |
Filing 9
ORDER DISMISSING CASE: The Court DISMISSES without prejudice this action for lack of subject matter jurisdiction. Lee may choose to pursue his claims in state court. All pending motions are DENIED as moot. The Clerk of Court is DIRECTED to enter judgment and close this case. Signed by Chief Judge Nancy J. Rosenstengel on 8/31/2023. (lrs)
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| Filing 8 AMENDED COMPLAINT against JKC Concierge LLC, JoEllen Tharrington, filed by Paul Lee.(clw) |
| Filing 7 Summons Requested. (jle) |
| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (clw) |
| Amended Pleadings due by 9/6/2023. (aza) |
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Filing 5
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 Lee has filed a Complaint (Doc. 1 ), asserting that this Court has jurisdiction pursuant to 28 U.S.C. 1332 and federal question. However, the Federal Trade Commission Act (FTCA), 15 U.S.C. 41 et seq., does not provide a private cause of action. Thus, Lee's claim under 15 U.S.C. 57a, for unfair or deceptive acts or practices, must be dismissed. See e.g., Zubair v. Bank of Am., 2020 WL 4431571, at *3 (S.D.N.Y. July 29, 2020). Regarding jurisdiction pursuant to 28 U.S.C. 1332, the Complaint alleges the amount in controversy exceeds $75,000.00, but Plaintiff does not allege the citizenship of JoEllen Tharrington and JKC Concierge LLC. "A natural person," such as Defendant Tharrington is a citizen of the state in which she is domiciled. Altom Transp., Inc. v. Westchester Fire Ins. Co., 823 F.3d 416, 420 (7th Cir. 2016). A person's domicile is the place where he or she is physically present and "intends to live in the long run." RTP LLC v. Orix Real Estate Capital, Inc., 827 F.3d 689, 692 (7th Cir. 2016); Sheneman v. Jones, 682 F. App'x 498, 499 (7th Cir. 2017) ("[E]stablishing domicile in a particular state requires physical presence while intending to remain there."). For JKC Concierge LLC, the state of incorporation and the principal place of business must be alleged in the Complaint if a defendant is a corporation. McMillian v. Sheraton Chicago Hotel & Towers, 567 F.3d 839, 845 n.10 (7th Cir. 2009), quoting 28 U.S.C. 1332(c)(1). The Amended Complaint shall be filed no later than September 6, 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. Accordingly, Plaintiff is ORDERED, on or before September 6, 2023, to provide the Court with a supplemental statement indicating the alleged citizenship of Defendants JoEllen Tharrington and JKC Concierge LLC. Signed by Chief Judge Nancy J. Rosenstengel on 8/7/2023. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 MOTION for Leave to Proceed in forma pauperis by Paul Lee. (kdw) |
| Filing 3 COMPLAINT against JKC Concierge LLC and JoEllen Tharrington, filed by Paul Lee.(kdw) Modified to reflect correct defendants on 8/3/2023 (jlrr). |
| Filing 2 NOTICE FROM CLERK Instructing Paul Lee to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Paul Lee on 08/03/2023. Consent due by 8/24/2023 (kdw) |
| Filing 1 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 23-2686-NJR. Refer to the pro se litigant guide, found on the ILSD website, for further information. (kdw) |
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