PADILLA v. DIAZ et al
| JONATHAN PADILLA |
| HUGO DIAZ, HUGE MUSIC GROUP, LLC. and HUGE MUSIC RECORDING STUDIOS LLC |
| 4:2023cv00170 |
| October 9, 2023 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Kellie M Barr |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 16 NOTICE of Lawsuit & Waiver Issued by Clerk upon: 1) HUGO DIAZ and 2) HUGE MUSIC GROUP, LLC.. (KAA) |
Filing 15
ORDER DISCHARGING SHOW CAUSE ORDER AND SCREENING THIRD AMENDED COMPLAINT - The Court, having reviewed Plaintiff's third amended complaint and being satisfied subject matter jurisdiction exists, hereby DISCHARGES the show cause order. Because Plaintiff is proceeding in forma pauperis, Federal Rule of Civil Procedure 4(c)(3) requires the Court to order service for Plaintiff. Accordingly, the clerk is designated to issue process to Defendants Hugo Diaz and Huge Music Group, LLC. Copies mailed per Distribution. Signed by Judge Sarah Evans Barker on 11/28/2023.(KAA)
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| Filing 14 THIRD AMENDED COMPLAINT against HUGO DIAZ, HUGE MUSIC GROUP, LLC., filed by JONATHAN PADILLA. (Attachments: #1 Exhibits)(LBT) |
| Filing 13 RESPONSE re #12 Order to Show Cause, filed by Plaintiff JONATHAN PADILLA. (LBT) |
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Filing 12
ORDER TO SHOW CAUSE - On November 2, 2023, we ordered Plaintiff, who is proceeding pro se and in forma pauperis, to file a second amended complaint in order to properly allege the citizenship of Defendants Huge Music Groups, LLC and Huge Music Recording Studios LLC. Plaintiff has now filed his second amended complaint, alleging that this Court has original jurisdiction over his complaint under 28 U.S.C. 1332(a). However, "for the Court to have jurisdiction under 1332(a), there must be complete diversity, that is, no defendant may be a citizen of the same state as any plaintiff." Plaintiff alleges that he is a member of Defendant Huge Music Recording Studios LLC. As we previously instructed Plaintiff, the citizenship of an LLC is the citizenship of each of its members. See Hart v. Terminex Int'l, 336 F.3d 541, 542 (7th Cir. 2003). Because Plaintiff is a member of Hugh Music Recording Studios LLC, his citizenship is the same as that of the Defendant LLC, which destroys complete diversity. Accordingly, Plaintiff is hereby ORDERED TO SHOW CAUSE within fourteen (14) days as to why this case should not be dismissed without prejudice for lack of subject matter jurisdiction. See Order for additional information. Copy to Plaintiff via US Mail. Signed by Judge Sarah Evans Barker on 11/15/2023.(SWM)
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| Filing 11 AMENDED COMPLAINT against HUGO DIAZ, HUGE MUSIC GROUP, LLC., HUGE MUSIC RECORDING STUDIOS LLC, filed by JONATHAN PADILLA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(KAA) |
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Filing 10
ORDER Directing Filing of Second Amended Complaint - SEE ORDER. Copy to Plaintiff via US Mail. Signed by Judge Sarah Evans Barker on 11/2/2023.(SWM)
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| Filing 9 AMENDED COMPLAINT against HUGO DIAZ, HUGE MUSIC GROUP, LLC., HUGE MUSIC RECORDING STUDIOS LLC, filed by JONATHAN PADILLA.(DWH) |
| Filing 8 AMENDED COMPLAINT against HUGO DIAZ, HUGE MUSIC GROUP, LLC., HUGE MUSIC RECORDING STUDIOS LLC, filed by JONATHAN PADILLA.(LBT) |
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Filing 7
ORDER GRANTING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS AND DIRECTING FILING OF AMENDED COMPLAINT - For the reasons detailed above, Plaintiff's Motion to Proceed In Forma Pauperis #2 is GRANTED. Plaintiff is ORDERED within fourteen (14) days from the date of this order to file an amended complaint curing the above recited jurisdictional deficiencies. Defendants need not answer or otherwise response to the Complaint at which this order is directed. Once the Court's subject matter jurisdiction has been established, we will screen Plaintiff's complaint under 28 U.S.C. 1915(e)(2)(B). SEE ORDER. Copy sent to Plaintiff via US Mail. Signed by Judge Sarah Evans Barker on 10/18/2023. (JRB)
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| Filing 6 Summons Issued as to HUGO DIAZ, HUGE MUSIC GROUP, LLC., and HUGE MUSIC RECORDING STUDIOS LLC. (CW) |
| Filing 5 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DJH) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 3 CONSENT by Pro Se Litigant (Non-Prisoner) To Receive Notices Of Electronic Filing, submitted by JONATHAN PADILLA. (DJH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff JONATHAN PADILLA. (DJH) |
| Filing 1 COMPLAINT against HUGO DIAZ, HUGE MUSIC GROUP, LLC., HUGE MUSIC RECORDING STUDIOS LLC, filed by JONATHAN PADILLA. (No fee paid with this filing) (Attachments: #1 Exhibit A Financing Agreement, #2 Exhibit B Notice Of Default And Demand, #3 Civil Cover Sheet)(DJH) |
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