MARTIN v. THE KROGER COMPANY et al
| JAMES MARTIN |
| KROGER'S COMPANY STORES, INC and THE KROGER COMPANY |
| 1:2021cv01214 |
| May 13, 2021 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Debra McVicker Lynch |
| Contract Product Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 7, 2021. A more recent docket listing may be available from PACER.
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Filing 10
JUDGMENT -The Court having this day made its Order directing the entry of final judgment, the Court now enters FINAL JUDGMENT. The action is dismissed without prejudice for lack of jurisdiction. Signed by Judge Sarah Evans Barker on 7/7/2021. Copy Mailed. (CKM)
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Filing 9
ORDER - DISMISSING COMPLAINT AND DIRECTING ENTRY OF FINAL JUDGMENT; Plaintiff James Martin, proceeding pro se and in forma pauperis, filed this product liability lawsuit on May 13, 2021. On May 19, 2021, we screened his complaint pursuant to 28 U.S.C. 1915(e)(2)(B) and ordered him to file within fourteen days an amended complaint properly asserting a basis for diversity jurisdiction. Mr. Martin filed an amended complaint on May 26, 2021, but his amended complaint still failed to properly allege diversity jurisdiction. On June 7, 2021, we ordered Mr. Martin to file a second amended complaint properly asserting a basis for diversity jurisdiction within fourteen days and warned him that, if he failed to do so, his case could be subject to dismissal. That deadline has now passed, and Mr. Martin has not filed a second amended complaint. Accordingly, this action is hereby DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. Final judgment shall be entered accordingly. Signed by Judge Sarah Evans Barker on 7/7/2014. Copy Mailed.(CKM)
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Filing 8
ORDER DIRECTING THE FILING OF SECOND AMENDED COMPLAINT - For these reasons, the Court ORDERS Mr. Martin to file a Second Amended Complaint within fourteen (14) days of the date of this entry, which addresses the issues outlined in this Order by properly alleging a basis for diversity jurisdiction. If he fails to do so, his case may be subject to dismissal (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge Sarah Evans Barker on 6/7/2021. Copy to Plaintiff via US Mail. (DWH)
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| Filing 7 AMENDED COMPLAINT against KROGER'S COMPANY STORES, INC, THE KROGER COMPANY, filed by JAMES MARTIN. (Attachments: #1 Envelope)(CKM) |
| Filing 6 CONSENT to Jurisdiction to US Magistrate Judge by JAMES MARTIN. (Attachments: #1 Envelope). (MAC) |
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Filing 5
ORDER granting Plaintiff's #2 Motion for Leave to Proceed in forma pauperis - While in forma pauperis status allows the plaintiff to proceed without pre- payment of the $350.00 filing fee, the plaintiff remains liable for the full fees. Robbins v. Switzer, 104 F.3d 895, 898 (7th Cir. 1997) ("Unsuccessful litigants are liable for fees and costs and must pay when they are able."). No payment is due at this time. The Court ORDERS Mr. Martin to file an Amended Complaint within fourteen (14) days of the date of this entry, which addresses the issues outlined in this Order by properly alleging a basis for diversity jurisdiction. If he fails to do so, his case may be subject to dismissal. See Order for additional information. Copy to Plaintiff via US Mail. Signed by Judge Sarah Evans Barker on 5/19/2021. (SWM)
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| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LMK) |
| Filing 3 NOTICE of Appearance by Plaintiff JAMES MARTIN. (Attachments: #1 Envelope) (LMK) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff JAMES MARTIN. (Attachments: #1 Exhibit, #2 Text of Proposed Order, #3 Envelope)(LMK) |
| Filing 1 COMPLAINT against KROGER'S COMPANY STORES, INC, THE KROGER COMPANY, filed by JAMES MARTIN. (No fee paid with this filing) (Attachments: #1 Proposed Summons, #2 Cover Letter, #3 Envelope)(LMK) |
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