EBERHARDT, II v. ESTATE OF CHARLES DARRELL HENRY et al
| CHARLES S. EBERHARDT, II |
| ESTATE OF CHARLES DARRELL HENRY, SHIRLEY ANN LANGLEY HENRY and BRIAN L. HENRY |
| 1:2024cv00221 |
| February 1, 2024 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James Patrick Hanlon |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| None |
Docket Report
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This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.
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| Filing 18 NOTICE of Appearance by Molly Broadhead on behalf of Defendants ESTATE OF CHARLES DARRELL HENRY, BRIAN L. HENRY, SHIRLEY ANN LANGLEY HENRY. (Broadhead, Molly) |
Filing 17
SCHEDULING ORDER: Telephonic Initial Pretrial Conference set for 4/18/2024 at 10:00 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference. See Order for details. Signed by Magistrate Judge Mark J. Dinsmore on 3/4/2024.(LBT)
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| Filing 16 NOTICE of Appearance by Andrew W. Hull on behalf of Defendants ESTATE OF CHARLES DARRELL HENRY, BRIAN L. HENRY, SHIRLEY ANN LANGLEY HENRY. (Hull, Andrew) |
| Filing 15 NOTICE of Appearance by Amanda L.B. Mulroony on behalf of Defendants ESTATE OF CHARLES DARRELL HENRY, BRIAN L. HENRY, SHIRLEY ANN LANGLEY HENRY. (Mulroony, Amanda) |
| Filing 14 WAIVER OF SERVICE Returned Executed, filed by CHARLES S. EBERHARDT, II. All Defendants. (Jenkins, Sarah) |
| Filing 13 Jurisdictional Statement by CHARLES S. EBERHARDT, II. (Jenkins, Sarah) |
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Filing 12
ORDER ON JURISDICTION - Plaintiff has filed a complaint alleging diversity jurisdiction over this matter. Dkt. #1 . For the Court to have diversity jurisdiction, the amount in controversy must exceed $75,000, exclusive of interest and costs, and the litigation must be between citizens of different states. 28 U.S.C. 1332(a). The citizenship of an individual is not based on where the individual resides, but on where the individual is a citizen. Hunter v. Amin, 583 F.3d 486, 491 (7th Cir. 2009). Here, Plaintiff's complaint only states where Plaintiff resides and where the decedent resided--not where they are or were citizens. The Court ORDERS Plaintiff to file a jurisdictional statement by February 28, 2024, that alleges the citizenship of the parties. See Order for additional information. Signed by Judge James Patrick Hanlon on 2/5/2024.(SWM)
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| Filing 11 Summons Issued as to BRIAN L. HENRY, SHIRLEY ANN LANGLEY HENRY. (KAA) |
| Filing 10 Proposed Summons submitted for issuance by the clerk as to BRIAN L. HENRY. (Jenkins, Sarah) |
| Filing 9 Proposed Summons submitted for issuance by the clerk as to SHIRLEY ANN LANGLEY HENRY. (Jenkins, Sarah) |
| Filing 8 Rule 7.1 Disclosure Statement by CHARLES S. EBERHARDT, II. (Peluchette, Neil) |
| Filing 7 Summons Issued as to ESTATE OF CHARLES DARRELL HENRY. (KAA) |
| Filing 6 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (KAA) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (KAA) |
| Filing 4 PRACTICES AND PROCEDURES before Judge James Patrick Hanlon. (KAA) |
| Filing 3 NOTICE of Appearance by Neil Peluchette on behalf of Plaintiff CHARLES S. EBERHARDT, II. (Peluchette, Neil) |
| Filing 2 NOTICE of Appearance by Sarah Jenkins on behalf of Plaintiff CHARLES S. EBERHARDT, II. (Jenkins, Sarah) |
| Filing 1 COMPLAINT for Declaratory Judgment against All Defendants, filed by CHARLES S. EBERHARDT, II. (Filing fee $405, receipt number AINSDC-8008780) (Attachments: #1 Exhibit 1 - Stock Purchase Agreement with exhibits, #2 Exhibit 2 - Schedule of Payments made by Eberhardt, #3 Exhibit 3 - Final Payment, #4 Exhibit 4 - Amortization Schedule, #5 Exhibit 5 - 12/23/19 Letter, #6 Envelope 6 - 08/25/20 Letter, #7 Exhibit 7 - 04/19/23 Demand, #8 Exhibit 8 - Douglas County Judgment, #9 Exhibit 9 - Letters Testamentary, #10 Exhibit 10 - 12/27/23 Letter with attachments, #11 Civil Cover Sheet, #12 Proposed Summons)(Jenkins, Sarah) |
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