Scottsdale Insurance Company v. 517 Illinois LLC et al
| Scottsdale Insurance Company |
| Joshua Simmons and 517 Illinois LLC doing business as Stix |
| 3:2024cv01903 |
| August 16, 2024 |
| U.S. District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Insurance |
| 28 U.S.C. ยง 2201 Declaratory Judgement (Insurance) |
| None |
Docket Report
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This docket was last retrieved on September 26, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 10 WAIVER OF SERVICE Returned Executed by Scottsdale Insurance Company. Joshua Simmons waiver sent on 8/20/2024, answer due 10/21/2024. (Schwartz, Jonathan) |
| Filing 9 Summons Issued as to 517 Illinois LLC. Sent to Counsel for Service. (jdc) |
| Filing 8 Summons Requested. (Schwartz, Jonathan) |
| Filing 7 AMENDED COMPLAINT Scottsdale Insurance Company's First Amended Complaint for Declaratory Judgment against All Defendants, filed by Scottsdale Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schwartz, Jonathan) |
Filing 6
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 filed a complaint for declaratory judgment alleging jurisdiction is proper in this Court pursuant to 18 U.S.C. 1332 because the action is between citizens of different states and the amount in controversy exceeds $75,000. However, Plaintiff only alleges the residency of 517 Illinois, LLC member Casey Trusty, not his citizenship. See e.g., Copeland v. Penske Logistics, LLC, 675 F.3d 1040, 1043 (7th Cir. 2012) ("a limited liability companys citizenship includes every state of which any unit holder is a citizen"); Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007) (a pleading must identify each member of the LLC and the citizenship of each of those members). Because this Court's jurisdiction has not been properly pleaded, Plaintiff is ORDERED to file an Amended Complaint that adequately alleges the citizenship of 517 Illinois, LLC member Casey Trusty on or before September 3, 2024. (Amended Pleadings due by 9/3/2024.) Signed by Chief Judge Nancy J. Rosenstengel on 8/20/2024. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Scottsdale Insurance Company identifying Corporate Parent Nationwide Mutual Insurance for Scottsdale Insurance Company. (Schwartz, Jonathan) |
| Filing 4 NOTICE OF ACTION re #2 Notice of Appearance filed by Scottsdale Insurance Company, #1 Complaint, filed by Scottsdale Insurance Company. 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-0. (tkm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 3 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 24-1903-NJR. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (tkm) |
| Filing 2 NOTICE of Appearance by Jonathan L. Schwartz on behalf of Scottsdale Insurance Company (Schwartz, Jonathan) |
| Filing 1 COMPLAINT for Declaratory Judgment against Scottsdale Insurance Company ( Filing fee $ 405 receipt number AILSDC-5461021.), filed by Scottsdale Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Schwartz, Jonathan) |
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