MARTIN v. THE KROGER COMPANY
| JAMES MARTIN |
| THE KROGER COMPANY and ACCELLION USA, LLC. |
| 1:2021cv00717 |
| March 23, 2021 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| James R Sweeney |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 12, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 Submission of Proposed Subpoenas. (Attachments: #1 Envelope)(JDC) |
Filing 12
Order Directing Further Proceedings - Order Directing Further ProceedingsPlaintiff invokes the Court's diversity jurisdiction under 28 U.S.C. 1332, which requires diversity of citizenship among the parties and an amount in controversy exceeding $75,000 before interest and costs. On April 5, 2021, the Court granted Plaintiff leave to amend his complaint to properly allege his citizenship.Plaintiff timely filed his Amended Complaint, (ECF No. 9), which cured his pleading deficiency as to his citizenship, but added Defendant Accellion USA, LLC ("Accellion") to this action. Thus, Plaintiff's jurisdictional allegations are again insufficient because Plaintiff does not allege Accellion's citizenship. The Amended Complaint fails to properly allege Accellion's citizenship. Plaintiff alleges that Accellion is an "Indiana Liability company, with its main office located at 1804 Embarcadero Rd., Ste. 200, Palo Alto, California 94303." (Am. Comp., ECF No. 9 at 13.) "The citizenship for diversity purposes of a limited liability company,... despite the resemblance of such a company to a corporation (the hallmark of both being limited liability), is the citizenship of each of its members." Wise v. Wachovia Secs., LLC, 450 F.3d 265, 267 (7th Cir. 2006) (collecting cases) (internal citations omitted). Plaintiff must therefore allege the citizenship of each of Accellion's members to assure the Court of its subject-matter jurisdiction. See Altom Transp., Inc. v. Westchester Fire Ins. Co., 823 F.3d 416, 420 (7th Cir. 2016) ("Section 1332 requires complete diversity: no plaintiff may be a citizen of the same state as any defendant."). Plaintiff is allowed through and including May 31, 2021, to file an amended complaint correcting the pleading deficiency noted above. Failure to correct the above pleading deficiency may result in dismissal of the case for lack of subject-matter jurisdiction. On May 5, 2021, Plaintiff requested that the Court send him a copy the docket in this case. (ECF No. 11.) The Clerk is directed to send Plaintiff a copy of the public docket sheet, Case No. 1:21-cv- 717-JRS-DML. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 5/11/2021.(JDC)
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| Filing 11 Correspondence REQUESTING COPY of Case Docket Sheet. Copy/Copies provided via US Mail. (Attachments: #1 Envelope) (JDC) |
| Filing 10 NOTICE of Memorandum in Support filed with Judicial Panel, filed by Plaintiff JAMES MARTIN (Attachments: #1 Envelope) (JDC) |
| Filing 9 AMENDED COMPLAINT against THE KROGER COMPANY, filed by JAMES MARTIN. (Attachments: #1 Envelope)(JDC) |
| Filing 8 AMENDED COMPLAINT against THE KROGER COMPANY, filed by JAMES MARTIN. (Attachments: #1 cover letter, #2 proposed summons, #3 Envelope)(JDC) |
| Filing 7 Submission of Signature Requirement re #1 Complaint by JAMES MARTIN. (Attachments: #1 Envelope)(JDC) |
| Filing 6 Entry Directing Further Proceedings - Plaintiff invokes the Court's diversity jurisdiction under 28 U.S.C. 1332, which requires diversity of citizenship among the parties and that the amount in controversy exceeds "$75,000, exclusive of interest and costs." 28 U.S.C. 1332. However, Plaintiff's jurisdictional allegations are insufficient because Plaintiff does not allege his citizenship. Plaintiff is allowed through and including April 23, 2021, within which to file an amended complaint correcting the pleading deficiency noted above. The amended complaint must also include Plaintiff's original signature. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 4/5/2021. (Attachments: #1 Pro Se Notice)(JDC) |
| Filing 5 CONSENT to Jurisdiction to US Magistrate Judge by JAMES MARTIN. (Attachments: #1 Envelope)(JDC) |
| Filing 4 Correspondence REQUESTING COPY of Case Docket and Document(s)1. Copy/Copies provided via US Mail. (Attachments: #1 Exhibit) (JDC) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff JAMES MARTIN. (Attachments: #1 Envelope).(AKH) |
| Filing 1 COMPLAINT against THE KROGER COMPANY, filed by JAMES MARTIN. (No fee paid with this filing) (Attachments: #1 Cover Letter, #2 Proposed Summons, #3 Envelope). (AKH) |
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