Snyder v. Chevron Environmental Management Company
| Duewayne Snyder, Sr. |
| Chevron Environmental Management Company |
| 3:2023cv03738 |
| November 17, 2023 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 12, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Chevron Environmental Management Company. (Flack, Donald) |
| Filing 17 SUMMONS Returned Executed by Duewayne Snyder, Sr. Chevron Environmental Management Company served on 11/29/2023, answer due 12/20/2023. (Hughes, R.) |
| Filing 16 MOTION to Dismiss by Chevron Environmental Management Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Flack, Donald) |
Filing 15
ORDER GRANTING #13 Consent Motion for Extension of Time. Chevron Environmental Management Company shall file its answer or responsive pleading to the Amended Complaint on January 12, 2024. Further, pursuant to Federal Rule of Civil Procedure 4(l), unless service is waived, proof of service must be made to the Court, typically by way of the server's affidavit. There is no indication on the docket that service was waived. Thus, Plaintiff Snyder must file proof that service was executed as to Defendant on or before January 19, 2024. Signed by Chief Judge Nancy J. Rosenstengel on 1/12/2024. (kss) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 NOTICE FROM CLERK Instructing Chevron Environmental Management Company to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order Nos. 347 and 367, 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 Chevron Environmental Management Company on 01/12/2024. Consent due by 2/2/2024 (kdw) |
| Filing 13 Consent MOTION for Extension of Time by Chevron Environmental Management Company. (Flack, Donald) |
| Filing 12 NOTICE of Appearance by Donald M. Flack on behalf of Chevron Environmental Management Company (Flack, Donald) |
| Filing 11 AMENDED COMPLAINT against Chevron Environmental Management Company, filed by Duewayne Snyder, Sr. (Attachments: #1 Civil Cover Sheet)(Hughes, R.) |
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Filing 10
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 Duewayne Snyder, Sr. has filed a Complaint (Doc. 1), asserting that this Court has jurisdiction over this case pursuant to 28 U.S.C. 1332, the diversity statute. In the Complaint, however, Plaintiff fails to properly allege his own citizenship. He states that he "is a resident of the State of Illinois." But, "residence and citizenship are not synonyms and it is the latter that matters for purposes of diversity jurisdiction." Meyerson v. Harrah's E. Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002). The citizenship of a natural person for diversity purposes is determined by the person's domicile, see Pollution Control Indus. of Am., Inc. v. Van Gundy, 21 F.3d 152, 155 n. 4 (7th Cir. 1994), which means the state where the person is physically present with an intent to remain there indefinitely. See Perry v. Pogemiller, 16 F.3d 138, 140 (7th Cir. 1993). Plaintiff also fails to properly allege Defendant's state of incorporation and its principal place of business as required to satisfy diversity of citizenship. McMillian v. Sheraton Chicago Hotel & Towers, 567 F.3d 839, 845 n. 10 (7th Cir. 2009) ("The state of incorporation and the principal place of business must be alleged in the complaint." (emphasis added)). Further, Plaintiff alleges that "the amount in controversy between the parties exceeds the sum of $75,000.00." (Doc. 1, p. 9). As such, the Complaint fails to allege that the amount in controversy exceeds "$75,000, exclusive of interest and costs." 28 U.S.C. 1332 (emphasis added). Plaintiff shall file an Amended Complaint on or before January 5, 2024, to properly allege jurisdiction and cure these deficiencies. If Plaintiff fails to file an Amended Complaint in the manner and time prescribed, the Court may dismiss the complaint for lack of subject matter jurisdiction. Signed by Chief Judge Nancy J. Rosenstengel on 12/21/2023. (kss) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Hughes, R.) |
| Filing 8 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #7 Consent/Non-Consent to US Magistrate Judge. The form is incomplete. It fails to list which party is consenting or not consenting to magistrate judge jurisdiction. Signing the submitted by portion of the form is insufficient. Therefore, the pleading is STRICKEN. Another form is attached to this Notice. The form should be re-filed as soon as possible. Under Name of Party or Parties you must print the name of the party that is consenting or not consenting to magistrate judge jurisdiction. You should also sign the form under signature of party or attorney. Please note that as a plaintiff proceeding pro se, you may only sign pleadings on your own behalf. You may not sign pleadings on behalf of other unrepresented parties. Filer will need to re-file the document. (kdw) |
| Filing 7 STRICKEN-CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Hughes, R.) Modified on 11/21/2023 (jlrr). |
| Filing 6 NOTICE FROM CLERK Instructing Duewayne Snyder, Sr. to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order Nos. 347 and 367, 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 Duewayne Snyder, Sr. on 11/21/2023. Consent due by 12/12/2023 (kdw) |
| Filing 5 Summons Issued as to Chevron Environmental Management Company, and original mailed to Attorney Hughes. (kdw) |
| Filing 4 Summons Requested. (Hughes, R.) |
| Filing 3 NOTICE of Appearance by R. Courtney Hughes on behalf of Duewayne Snyder, Sr (Hughes, R.) |
| Filing 2 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 23-3738-NJR. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (kdw) |
| Filing 1 COMPLAINT against Chevron Environmental Management Company ( Filing fee $ 402 receipt number AILSDC-5239061.), filed by Duewayne Snyder, Sr. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Hughes, R.) |
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| Plaintiff: Duewayne Snyder, Sr. | |
| Represented By: | R. Courtney Hughes |
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| Defendant: Chevron Environmental Management Company | |
| Represented By: | Donald M. Flack |
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