Kirkland v. Elite Transportation et al
| Robert Kirkland |
| Elite Transportation, QL Titling Trust, LTD, Steven Howard and Elite Transportation, Inc. |
| 3:2024cv00056 |
| January 7, 2024 |
| US District Court for the Southern District of Illinois |
| Reona J Daly |
| Nancy J Rosenstengel |
| Motor Vehicle |
| 28 U.S.C. § 1346 Tort Claim |
| Defendant |
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| Document Text |
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| Filing 29 AMENDED COMPLAINT THIRD against Elite Transportation, Steven Howard, filed by Robert Kirkland.(Hipskind, John) |
Filing 28
ORDER REGARDING JURISDICTION: 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."). On February 20, 2024, the Court ordered Plaintiff to amend his complaint to properly invoke federal subject matter jurisdiction (Doc. 26 ). Although Plaintiff has now filed a Second Amended Complaint (Doc. #27 ), he has once again failed to properly allege the facts necessary to invoke diversity jurisdiction under 28 U.S.C. 1332(a). Plaintiff alleges in Paragraph 2 of his Second Amended Complaint that Defendant, Elite Transportation, Inc., is "formed under the laws of South Dakota" with no further information concerning its citizenship. That is a problem because "what matters for the citizenship of a corporation is its state of incorporation and its principal place of business." Dalton v. Teva North America, 891 F.3d 687, 690 (7th Cir. 2018) (emphasis added). Thus, Plaintiff is required to allege Elite Transportation, Inc.'s state of incorporation and its principal place of business to allow the Court to properly assess its subject matter jurisdiction over this case. This is black letter law, and the Court expects counsel to be familiar with these concepts before filing a complaint in federal court. Moreover, the second amended complaint was required to allege that the amount in controversy "exceeds the sum or value of $75,000, exclusive of interest and costs" for the Court to have diversity jurisdiction over the case. 28 U.S.C. 1332(a). Plaintiff merely states that he "prays for judgment" in excess of the amount in controversy exclusive of interests and costs. To properly allege the amount in controversy, however, Plaintiff must explicitly state that more than $75,000 is at stake, exclusive of interests and costs, not that he merely "prays" that he will recover that amount. Accordingly, Plaintiff is ORDERED to file a third Amended complaint on or before Tuesday, March 5, 2024, to properly allege that this Court has jurisdiction. Finally, Plaintiff is hereby WARNED that the Court intends to dismiss this case for lack of subject matter jurisdiction if his third amended complaint remains deficient in its allegations concerning subject matter jurisdiction. (Amended Pleadings due by 3/5/2024). Signed by Chief Judge Nancy J. Rosenstengel on 2/27/2024. (dkb). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 27 AMENDED COMPLAINT against Elite Transportation, Steven Howard, filed by Robert Kirkland.(Hipskind, John) |
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Filing 26
ORDER REGARDING JURISDICTION: 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 has filed an amended complaint in which he appears to claim that this Court has jurisdiction over this matter pursuant to the complete diversity of the parties, as per 28 U.S.C. 1332 (Doc. #24 ). Plaintiff, however, has failed to properly allege his own citizenship as well as that of Defendant, Steven Howard. Plaintiff alleges that he is a "resident of the state of Illinois" and that Mr. Howard is a "resident of the state of Kentucky." However, "residence and citizenship are not synonymous, 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, of course, 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); Cassens v. Cassens, 430 F. Supp. 2d 830, 833 (S.D. Ill. 2006). Also, the amended complaint must allege that the amount in controversy "exceeds the sum or value of $75,000, exclusive of interest and costs" for the Court to have diversity jurisdiction over the case. 28 U.S.C. 1332. Plaintiff merely states that he "prays for judgment" in excess of the amount in controversy. Accordingly, Plaintiff is ORDERED to file an Amended complaint on or before Tuesday, February 27, 2024, to properly allege that this Court has jurisdiction. Signed by Chief Judge Nancy J. Rosenstengel on 2/20/2024. (dkb). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 25 Summons Issued as to Elite Transportation, and original mailed to Attorney Hipskind. (kdw) |
| Filing 24 AMENDED COMPLAINT against Elite Transportation, Steven Howard, filed by Robert Kirkland.(Hipskind, John) |
| Filing 23 Summons Requested. (Hipskind, John) |
| Filing 22 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order Nos. 347 and 367, 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 Reona J. Daly no longer assigned to the case. All future documents must bear case number 24-cv-56-NJR. (jle)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 21 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Hipskind, John) |
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Filing 20
ORDER: Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) seeking to dismiss all claims against Defendant QL Titling Trust, Ltd. (Doc. 15). Rule 41(a)(1)(A)(i) is limited to dismissals of "actions," not "parties" or "claims," meaning that the rule cannot be used to cleave away one claim or one party from a larger case. See Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015). The Seventh Circuit is clear that to dismiss one claim or one party from an action that will otherwise continue, a plaintiff must instead file an amended complaint. See Fed. R. Civ. P. 15. Accordingly, to effect dismissal of Defendant QL Titling Trust, Ltd, Plaintiff shall file an Amended Complaint by 2/12/2024. Signed by Magistrate Judge Reona J. Daly on 2/5/2024. (atp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 19 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Perryman, Ted) |
| Filing 18 NOTICE FROM CLERK Instructing QL Titling Trust, LTD 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 QL Titling Trust, LTD on 02/02/2024. Consent due by 2/23/2024. (jle) |
| Filing 17 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #14 Consent/Non-Consent to US Magistrate Judge. Name of party is not included on the document. Please add the party's name and refile. (jle)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 16 NOTICE of Appearance by Dennis A. Dressler on behalf of QL Titling Trust, LTD (Dressler, Dennis) |
| Filing 15 NOTICE of Voluntary Dismissal by Robert Kirkland (Hipskind, John) |
| Filing 14 STRICKEN- CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Hipskind, John) Modified on 2/2/2024 (jle). |
| Filing 13 NOTICE FROM CLERK Instructing Steven Howard 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 Steven Howard on 2/1/2024. Consent due by 2/22/2024 (clw) |
| Filing 12 Defendant Steven Howard's ANSWER to #1 Complaint by Steven Howard.(Perryman, Ted) |
| Filing 11 DEMAND for Trial by Jury by Steven Howard. (Perryman, Ted) |
| Filing 10 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Steven Howard. (Grilliot, Mark) |
| Filing 9 NOTICE of Appearance by Mark A. Grilliot on behalf of Steven Howard (Grilliot, Mark) |
| Filing 8 NOTICE of Appearance by Korissa M. Zickrick on behalf of Steven Howard (Zickrick, Korissa) |
| Filing 7 NOTICE of Appearance by Ted L. Perryman on behalf of Steven Howard (Perryman, Ted) |
| Filing 6 NOTICE: Robert Kirkland 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, Robert Kirkland shall return the form within 7 days or face possible sanctions. Consent due by 2/6/2024 (csb) |
| Filing 5 Summons Issued as to Elite Transportation, Steven Howard, QL Titling Trust, LTD. Originals mailed to Counsel for Service. (csb) |
| Filing 4 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly 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: Robert Kirkland. 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 24-cv-56-NJR. Consent due by 1/29/2024 (csb) |
| Filing 3 Summons Requested. (Attachments: #1 Summons, #2 Summons)(Hipskind, John) |
| Filing 2 Federal Rule of Civil Procedure 7.1 Disclosure Statement by All Plaintiffs. (Hipskind, John) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 405 receipt number AILSDC-5276989.), filed by Robert Kirkland.(Hipskind, John) |
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