Martin v. Green Globe, Inc.
| Sheila M. Martin |
| Green Globe, Inc. and Benjamin Taylor |
| 3:2023cv03911 |
| December 11, 2023 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| Defendant |
Docket Report
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| Filing 36 REPLY to Response to Motion re #28 MOTION Appoint Special Representative filed by Sheila M. Martin. (Phillips, Erin) |
Filing 35
ORDER SETTING SCHEDULING CONFERENCE. Scheduling Conference set for 3/7/2024 at 2:00 PM before Magistrate Judge Mark A. Beatty via ZOOM. The parties will receive a ZOOM invitation via email from the Court. Joint Report of the Parties due seven days before the conference. The parties are reminded that the proposed discovery and dispositive motions deadlines must be in compliance with the requirements set forth in this Court's form order. See also SDIL-LR 7.1(f) and Timetable. Signed by Magistrate Judge Mark A. Beatty on 1/30/2024. (jmj)
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Filing 34
ORDER REFERRING CASE TO MEDIATION. Signed by Magistrate Judge Mark A. Beatty on 1/30/2024. (jmj)
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| Filing 33 CJRA TRACK B assigned: Presumptive Jury Trial month set for March 2025 in East St. Louis Courthouse before Magistrate Judge Mark A. Beatty. Signed by Magistrate Judge Mark A. Beatty on 1/30/2024. (jmj) |
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Filing 32
ORDER GRANTING #27 Motion to Excuse Late Filing of Federal Rule of Civil Procedure 7.1 Disclosure Statement. Plaintiff's late filing of her Disclosure Statement, (Doc. #26 ), is excused and no further action will be taken by the Court. Signed by Magistrate Judge Mark A. Beatty on 1/30/2024. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 31 RESPONSE to Motion re #28 MOTION Appoint Special Representative filed by Green Globe, Inc.. (Kennedy, Colter) |
| Filing 30 NOTICE OF REMOVAL Amended from Madison County Circuit Court, case number 23-LA-1225, filed by Green Globe, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Kennedy, Colter) |
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Filing 29
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."). Defendant Green Globe, Inc. removed this action to federal court based on diversity of citizenship under 28 U.S.C. 1332 (Doc. 2). Defendant alleges that it is a citizen of California because it is "incorporated under the laws of the State of California" and its "principal place of business is Bakersfield, Illinois" (Doc. 2, p. 3). If Defendant's principal place of business is in Illinois, then there is no diversity of citizenship because Plaintiff is also a citizen of Illinois (see Doc. 2, p. 2). However, based on the supporting affidavit submitted by Defendant (Doc. 2-2), it seems like the allegation in the Notice of Removal that Defendant's principal place of business is in Bakersfield, Illinois was a typo, and the actual principal place of business is in Bakersfield, California. To the extent that is true, then complete diversity would exist (see Doc. 2, pp. 2-3). Defendant Green Globe, Inc. is ORDERED to file an Amended Notice of Removal on or before February 2, 2024 that sets forth the correct information needed to establish the citizenship of the parties for the purposes of diversity jurisdiction. If Defendant fails to file an Amended Notice of Removal in the manner and time prescribed or if, after reviewing it, the Court finds that Defendant does not properly establish subject matter jurisdiction, the Court may remand the case to state court. Signed by Magistrate Judge Mark A. Beatty on 1/18/2024. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 28 MOTION Appoint Special Representative by Sheila M. Martin. (Attachments: #1 Exhibit A, #2 Exhibit B)(Phillips, Erin) |
| Filing 27 MOTION Excuse Late Filing of Disclosure re #26 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Sheila M. Martin. (Phillips, Erin) |
| Filing 26 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Sheila M. Martin. (Phillips, Erin) |
| Filing 25 NOTICE OF ACTION re #22 Notice of Appearance filed by Sheila M. Martin. 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. (jle)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 24 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Kennedy, Colter) |
| Filing 23 NOTICE of Appearance by Sarah Jeane Lukas on behalf of Sheila M. Martin (Lukas, Sarah) |
| Filing 22 NOTICE of Appearance by Erin M. Phillips on behalf of Sheila M. Martin (Phillips, Erin) |
| Filing 21 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Phillips, Erin) |
| Filing 20 NOTICE: All Parties was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order Nos. 347 and 367, All Parties shall return the form within 7 days or face possible sanctions. Consent due by 1/10/2024 (kdw) |
| Filing 19 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Green Globe, Inc.. (Kennedy, Colter) |
| Filing 18 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #17 Federal Rule of Civil Procedure 7.1 Disclosure Statement filed by Green Globe, Inc.. Login information used and signature on document do not match. Document shall be re-filed using the appropriate credentials. (clw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 17 STRICKEN - Federal Rule of Civil Procedure 7.1 Disclosure Statement by Green Globe, Inc.. (Kennedy, Colter) Modified on 12/14/2023 (clw). |
| NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #16 Disclosure of Interested Parties filed by Green Globe, Inc.. See attached document for specifics Incorrect event selected. Select the event which most closely matches the document being filed. For this document E-filer is instructed to re-file using Civil-Other Filings-Other Documents-Disclosure Statement - by using this event - the system will let the attorney enter a Parent Company or any Affiliate that is with that Company. (djw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 16 STRICKEN DISCLOSURE OF INTERESTED PARTIES by Green Globe, Inc..(Kennedy, Colter) Modified on 12/13/2023 (djw). |
| Filing 15 NOTICE of Appearance by James P. McCarthy on behalf of Green Globe, Inc. (McCarthy, James) |
| Filing 14 NOTICE of Appearance by Eric B. Krauss on behalf of Green Globe, Inc. (Krauss, Eric) |
| Filing 13 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #10 Federal Rule of Civil Procedure 7.1 Disclosure Statement filed by Green Globe, Inc. Login information used and signature on document do not match. Document shall be re-filed using the appropriate credentials. (jle)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 12 NOTICE OF ACTION re #5 Answer to Complaint filed by Green Globe, Inc.. See Local Rule 83.1(g). In all cases filed in, removed, or transferred into this Court, the attorney filing the initiating document need not file a separate entry of appearance. Once the initiating document is filed, any attorney other than the one who filed the initiating document must file a separate entry of appearance before filing a document or appearing before the Court. Attorney McCarthy does not have a Notice of Appearance on file in this case. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 11 NOTICE of Appearance by Colter Kennedy on behalf of Green Globe, Inc. (Kennedy, Colter) |
| Filing 10 STRICKEN- Federal Rule of Civil Procedure 7.1 Disclosure Statement by Green Globe, Inc.. (Kennedy, Colter) Modified on 12/12/2023 (jle). |
| Filing 9 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 Orders 347 and 367. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this 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 Nos. 347 and 367, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent 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: All Parties. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 3:23-cv-3911-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 1/2/2024 (adh) |
| Filing 8 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #3 Disclosure of Interested Parties filed by Green Globe, Inc.. Select the event which most closely matches the document being filed. For this document, the correct event is "Disclosure Statement. E-filer is instructed to re-file using Civil>Other Documents>Disclosure Statement. A copy of this Court's form Disclosure Statement can be found at #https://www.ilsd.uscourts.gov/Forms.aspx. In addition, the attorney signature and login do not match.(adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 7 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #4 Notice of Appearance filed by Green Globe, Inc. An electronic signature is omitted from the filing. See Section 2.0: page 2.1 of Users Manual. E-filer shall re-file with the appropriate signature. (jle)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 6 AMENDED DOCUMENT by Green Globe, Inc.. Amendment to #2 Notice of Removal Amended Certificate of Service. (McCarthy, James) |
| Filing 5 ANSWER to Complaint by Green Globe, Inc..(McCarthy, James) |
| Filing 4 STRICKEN- NOTICE of Appearance by Colter Kennedy on behalf of Green Globe, Inc. (Kennedy, Colter) Modified on 12/12/2023 (jle). |
| Filing 3 STRICKEN DISCLOSURE OF INTERESTED PARTIES by Green Globe, Inc..(Kennedy, Colter) |
| Filing 2 NOTICE OF REMOVAL from Madison County, case number 2023 LA 001225, filed by Green Globe, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Kennedy, Colter) |
| Filing 1 EXHIBIT Civil Cover Sheet to #2 from Madison County, case number 2023 LA 001225 ( Filing fee $ 405 receipt number AILSDC-5256814), filed by Green Globe, Inc..(Kennedy, Colter) |
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