Izaguirre et al v. Gilbert et al
| Alexis Omar Izaguirre and Myra Guadalupe Vargas |
| Katherine Rebecca Gilbert and John and Jane Does A, B, and C |
| 2:2022cv00091 |
| July 13, 2022 |
| US District Court for the Southern District of Mississippi |
| Halil S Ozerden |
| Bradley W Rath |
| Robert H Walker |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 5 Summons Issued as to Katherine Rebecca Gilbert (amended complaint). (JCH) |
Filing 4
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Bradley W. Rath for all further proceedings. Magistrate Judge Robert H Walker no longer assigned to case. Signed by Chief District Judge Daniel P. Jordan, III on 8/1/2022 (cwl)
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| Parties should include the newly assigned Magistrate Judge's initials BWR on future filings. (cwl) |
| Filing 3 AMENDED COMPLAINT against Katherine Rebecca Gilbert, filed by Alexis Omar Izaguirre, Myra Guadalupe Vargas. (Attachments: #1 Exhibit 1-Police Report)(Van Cleave, Christopher) |
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TEXT ONLY ORDER requiring Plaintiffs Alexis Omar Izaguirre and Myra Guadalupe Vargas to file an Amended Complaint on or before July 28, 2022, to establish federal subject-matter jurisdiction. Plaintiffs filed their #1 Complaint in this Court based upon diversity jurisdiction pursuant to 28 U.S.C. 1332. However, the #1 Complaint names fictitious Defendants John and Jane Does A, B, and C without alleging their citizenship, which is insufficient to establish the existence of diversity jurisdiction. See Richard v. Doe, 638 F. App'x 409, 410 (5th Cir. 2016) (holding that, because the complaint did not reflect the citizenship of the John Doe, nor allege any facts that indicated the John Doe had diverse citizenship, the plaintiff failed to carry his burden of establishing the existence of diversity jurisdiction). If Plaintiffs do not file an Amended Complaint by July 28, 2022, that adequately addresses the parties' citizenship, the Court will sua sponte dismiss this action for lack of subject-matter jurisdiction. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on July 14, 2022. (ENW)
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| Filing 2 Summons Issued as to Katherine Rebecca Gilbert. (LDR) |
| Filing 1 COMPLAINT against Katherine Rebecca Gilbert, John and Jane Does A, B, and C ( Filing fee $ 402 receipt number AMSSDC-4882125), filed by Alexis Omar Izaguirre, Myra Guadalupe Vargas. (Attachments: #1 Civil Cover Sheet)#2 Exhibit 1 - Police Report) (LDR). |
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