Mattern v. Roberts Sinto Corporation et al
Lisa Mattern |
Roberts Sinto Corporation and Sinto America, Inc. |
3:2024cv00422 |
February 15, 2024 |
US District Court for the Southern District of Illinois |
David W Dugan |
Personal Inj. Prod. Liability |
28 U.S.C. § 1332 Diversity-Product Liability |
Defendant |
Docket Report
This docket was last retrieved on April 12, 2024. A more recent docket listing may be available from PACER.
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Filing 24 RESPONSE to Motion re #23 First MOTION for Extension of Time Regarding Supplement Filed on April 11 filed by Lisa Mattern. (Chapman, Matthew) |
Filing 23 First MOTION for Extension of Time Regarding Supplement Filed on April 11 by Roberts Sinto Corporation, Sinto America, Inc.. (Salfen, Erin) |
Filing 22 SUPPLEMENT by Roberts Sinto Corporation, Sinto America, Inc.. Supplement to #21 Supplement to Notice of Removal,, Memo Regaring Supplement. (Attachments: #1 Exhibit Ex. A - Business Site Screenshot)(Salfen, Erin) |
Filing 21 SUPPLEMENT to Notice of Removal re #1 Notice of Removal, by Roberts Sinto Corporation, Sinto America, Inc.. . (Attachments: #1 Exhibit Ex. A - Obituary, #2 Exhibit Ex. B - Madison St. Clair Article, #3 Exhibit Ex. C - Credit Header (Redacted), #4 Exhibit Ex. D Real Property Record, #5 Exhibit Ex. E - Motor Vehicle Record, #6 Exhibit Ex. F - Credit Header Mr. Mattern Redacted, #7 Exhibit Ex. G - Motor Vehicle Record Mr. Mattern, #8 Exhibit Ex. H - Michigan State Business Listing (Robert), #9 Exhibit Ex. I - Michigan State Business Listing (Sinto))(Salfen, Erin) |
Filing 20 ORDER granting #18 Motion to Appear Pro Hac Vice for Attorney Erin Salfen on behalf of Roberts Sinto Corporation and Sinto America, Inc., on 4/11/2024. (tkm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 19 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #17 Motion to Appear Pro Hac Vice, filed by Sinto America, Inc., Roberts Sinto Corporation. Login information used and signature on document do not match. Document has been re-filed using the appropriate credentials at document 18. No further action required by the filer. (tkm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 18 MOTION to Appear Pro Hac Vice by Attorney Erin Salfen $200 fee paid,receipt number AILSDC-5362651 by on behalf of Roberts Sinto Corporation, Sinto America, Inc.. (Salfen, Erin) |
Filing 17 ENTRY STRICKEN - MOTION to Appear Pro Hac Vice Erin Salfen by Attorney James Carroll Morris $200 fee paid,receipt number AILSDC-5362527 by on behalf of Roberts Sinto Corporation, Sinto America, Inc.. (Morris, James) Modified on 4/11/2024 (tkm). |
Supplement to Notice of Removal due by 3/26/2024 (djw) |
Filing 16 ORDER Re: Notice of Removal (Doc. #1 ): Defendants' Notice of Removal alleges that this Court has subject matter jurisdiction pursuant to the federal diversity statute, 28 U.S.C. 1332. The notice of removal indicates that, according to the state-court complaint, Plaintiff Lisa Mattern is a citizen of Illinois. However, the state-court complaint only pleads the residency of Plaintiff Lissa Mattern (proceeding individually and as Special Administrator of the Estate of Mark Mattern, deceased). "[R]esidence 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, which means the state where the person is physically present with an intent to remain there indefinitely. See Pollution Control Indus. of Am., Inc. v. Van Gundy, 21 F.3d 152, 155 n.4 (7th Cir. 1994). Moreover, Defendants must specify the citizenship of both Plaintiff Lisa Mattern and of decedent Mark Mattern prior to his death. See 28 U.S.C. 1332(c)(2); Konradi v. United States, 919 F.2d 1207, 1214 (7th Cir. 1990). Accordingly, Defendants are ORDERED to supplement their Notice of Removal on or before March 26, 2024. The supplement must specify the citizenship of all parties in this action, including the citizenship of both Lisa Mattern and Mark Mattern prior to his death. Defendants must not reference the state-court complaint as the basis for their allegations as to citizenship, as the state-court complaint only addresses Plaintiffs' residency. If Defendants fail to file the supplement in the manner and time prescribed or if, after reviewing it, the Court finds that Defendants do not properly establish subject matter jurisdiction, the Court may dismiss the action for lack of jurisdiction. Signed by Judge David W. Dugan on 3/19/2024. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 15 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 Judge David W. Dugan for further proceedings. Magistrate Judge Gilbert C. Sison no longer assigned to the case. All future documents must bear case number 3:24-cv-00422-DWD. (djw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 14 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Chapman, Matthew) |
Filing 13 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #12 Notice Requesting Consent,, Document is duplicative filing made in error. NO action is necessary as this notice is for informational purposes only. (djw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 12 STRICKEN NOTICE FROM CLERK Instructing Lisa Mattern 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 Lisa Mattern on 02/22/2024. Consent due by 3/14/2024 (djw) Modified on 2/22/2024 (djw). |
Filing 11 NOTICE of Appearance by Matthew R. Chapman on behalf of Lisa Mattern (Chapman, Matthew) |
Filing 10 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Sinto America, Inc. identifying Corporate Parent Sintokogio Ltd for Sinto America, Inc.. (Morris, James) |
Filing 9 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Roberts Sinto Corporation identifying Corporate Parent Sintokogio Ltd for Roberts Sinto Corporation. (Morris, James) |
Filing 8 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #5 Rule 26(a)(3) Disclosures Designations and Objections filed by Roberts Sinto Corporation, #4 Rule 26(a)(3) Disclosures Designations and Objections filed by Roberts Sinto Corporation. Incorrect event selected. 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 Events>Other Filings>Other Documents> Disclosure Statement (djw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 7 ANSWER to Complaint Defendant Sinto America, Inc.'s Answer by Roberts Sinto Corporation.(Morris, James) |
Filing 6 ANSWER to Complaint by Roberts Sinto Corporation.(Morris, James) |
Filing 5 STRICKEN RULE 26(a)(3) Disclosures, Designations, and Objections byRoberts Sinto Corporation. (Morris, James) Modified on 2/20/2024 (djw). |
Filing 4 STRICKEN RULE 26(a)(3) Disclosures, Designations, and Objections byRoberts Sinto Corporation. (Morris, James) Modified on 2/20/2024 (djw). |
Filing 3 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Gilbert C. Sison 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 3:24-cv-00422-GCS. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 3/8/2024 (djw) |
Filing 2 NOTICE by Roberts Sinto Corporation Notice to Plaintiff (Morris, James) |
Filing 1 NOTICE OF REMOVAL from St. Clair County, case number 23-LA-1427, filed by Roberts Sinto Corporation. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Ex. A, #3 Exhibit Ex. B, #4 Exhibit Ex. B - Redacted, #5 Exhibit Ex. C, #6 Exhibit Ex. C - Redacted)(Morris, James) |
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