PRICE v. CALLAND AG TRANSPORT LLC et al
| JOANNA PRICE |
| CALLAND AG TRANSPORT LLC and JEFFREY L GRAY |
| 1:2020cv00943 |
| March 25, 2020 |
| US District Court for the Southern District of Indiana |
| Doris L Pryor |
| James R Sweeney |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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| Document Text |
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| Filing 15 DEFENDANTS' ANSWER to #10 Amended Complaint for Damages and Request for Jury Trial, filed by CALLAND AG TRANSPORT LLC.(Hum, Houston) |
Filing 14
SCHEDULING ORDER: Initial Pretrial Conference set for 6/23/2020 11:00 AM (Eastern Time) in Telephonic before Magistrate Judge Doris L. Pryor. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. See Order for additional details. Signed by Magistrate Judge Doris L. Pryor on 4/23/2020.(SWM)
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| Filing 13 WAIVER OF SERVICE Returned Executed, filed by CALLAND AG TRANSPORT LLC. CALLAND AG TRANSPORT LLC waiver sent on 3/31/2020. (Hum, Houston) |
| Filing 12 WAIVER OF SERVICE Returned Executed, filed by JEFFREY L GRAY. JEFFREY L GRAY waiver sent on 3/31/2020. (Hum, Houston) |
| Filing 11 NOTICE of Appearance by Houston Hum on behalf of Defendants CALLAND AG TRANSPORT LLC, JEFFREY L GRAY. (Hum, Houston) |
| Filing 10 AMENDED COMPLAINT against All Defendants, filed by JOANNA PRICE.(Stephenson, M.) |
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Filing 9
Order to Show Cause or File an Amended Complaint - Plaintiffs filed a negligence action against Defendants, seeking to invoke this Courts jurisdiction under 28 U.S.C. 1332. (Pl. Compl., ECF No. 1.) However, it does not appear that this Court has jurisdiction to adjudicate the claims that Plaintiff brings. Courts... have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party. Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006). When a federal court concludes that it lacks subject-matter jurisdiction, the court must dismiss the complaint in its entirety. Id., quoted in Miller v. Herman, 600 F.3d 726, 730 (7th Cir. 2010); see also Fed. R. Civ. P. 12(h)(3) (If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.). A party seeking to invoke diversity jurisdiction under 28 U.S.C. 1332 must pre-sent a claim between parties of diverse citizenship that exceeds the jurisdictional amount. Arbaugh, 546 U.S. at 513. The citizenship of a corporation is the state where it is incorporated and the state where it has its principal place of business. 28 U.S.C. 1332(c)(1). The citizenship of an unincorporated association, however, is the citizenship of all the limited partners, as well as of the general partner. Hart v. Terminex Intl, 336 F.3d 541, 542 (7th Cir. 2003). Plaintiffs have failed to properly plead the citizenship of Defendant Calland AG Transport LLC (Calland). In order for the Court to determine if complete diversity exists, Plaintiffs must properly plead the citizenship of all of Callands partners. Plaintiffs shall have through April 27, 2020 to file an amended complaint or otherwise show cause why this action should not be dismissed for lack of subject-matter jurisdiction. In doing so, Plaintiffs must clearly identify the citizenship of Calland. Failure to do so in the time allotted will result in the dismissal of this action without further notice. Signed by Judge James R. Sweeney II on 3/30/2020.(JDC)
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| Filing 8 PROCEDURES AND PRACTICES before Judge James R. Sweeney II. (JDC) |
| Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 6 Summons Issued as to CALLAND AG TRANSPORT LLC, JEFFREY L GRAY. (REO) |
| Filing 5 NOTICE of Appearance by Sean Robert Roth on behalf of Plaintiff JOANNA PRICE. (Roth, Sean) |
| Filing 4 NOTICE of Appearance by Dennis E. Harrold on behalf of Plaintiff JOANNA PRICE. (Harrold, Dennis) |
| Filing 3 NOTICE of Appearance by Brady J. Rife on behalf of Plaintiff JOANNA PRICE. (Rife, Brady) |
| Filing 2 NOTICE of Appearance by M. Michael Stephenson on behalf of Plaintiff JOANNA PRICE. (Stephenson, M.) |
| Filing 1 COMPLAINT FOR DAMAGES AND REQUEST FOR JURY TRIAL against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-5923729) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Stephenson, M.) |
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