Gallo, M.D., Elisa v. Harris, Dawn
Plaintiff: Elisa S. Gallo, M.D.
Defendant: Dawn Harris
Case Number: 3:2019cv00591
Filed: July 22, 2019
Court: US District Court for the Western District of Wisconsin
Presiding Judge: Stephen L Crocker
Referring Judge: James D Peterson
Nature of Suit: P.I.: Other
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 12, 2019 Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 10/22/2019 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (voc)
September 11, 2019 Set/Reset Deadlines: Dawn Harris answer due 10/1/2019. (voc)
September 11, 2019 Opinion or Order Filing 9 ** TEXT ONLY ORDER ** Stipulation #8 accepted: defendant's deadline to answer/respond shall be October 1, 2019. Signed by Magistrate Judge Stephen L. Crocker on 9/11/2019. (voc)
September 10, 2019 Filing 8 Stipulation by Defendant Dawn Harris to File an Answer. (Sanders, Maria) Modified on 9/10/2019. (lak)
August 1, 2019 Opinion or Order Filing 7 ** TEXT ONLY ORDER ** The court is satisfied that plaintiff Elisa Gallo's amended complaint, Dkt. #6 , contains allegations sufficient to establish subject matter jurisdiction in compliance with the court's July 26, 2019 order, Dkt. 5 . Signed by District Judge James D. Peterson on 8/1/2019. (voc)
July 31, 2019 Filing 6 AMENDED COMPLAINT against Dawn Harris, filed by Elisa S. Gallo, M.D. (Mora, Steven)
July 26, 2019 Opinion or Order Filing 5 ** TEXT ONLY ORDER **Plaintiff Elisa Gallo's complaint says that the court has jurisdiction over this legal malpractice suit because Gallo is a resident of Illinois and defendant Dawn Harris is a resident of Wisconsin. Dkt. #3 , 56. Although Gallo does not say so, her complaint invokes diversity jurisdiction under 28 U.S.C. 1332, which requires complete diversity of citizenship and an amount in controversy greater than $75,000. Gallo seeks more than $10 million in damages, so her complaint satisfies the amount-in-controversy requirement. But allegations of residency are not sufficient to establish the parties' citizenships under 1332; citizenship is determined by domicile, which is where the party intends to live long term. Myrick v. WellPoint, Inc., 764 F.3d 662, 664 (7th Cir. 2014); Winforge, Inc. v. Coachmen Indus., Inc., 691 F.3d 856, 867 (7th Cir. 2012). Gallo has until August 9, 2019, to file an amended complaint containing good faith allegations sufficient to establish the citizenship of each party. Failure to do so will result in dismissal. Proof of Diversity of Citizenship due 8/9/2019. Signed by District Judge James D. Peterson on 7/26/2019. (voc) Modified on 7/26/2019. (arw)
July 25, 2019 Filing 4 Corporate Disclosure Statement by Plaintiff Elisa S. Gallo, M.D. (Mora, Steven)
July 24, 2019 Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (voc)
July 24, 2019 Case non-randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. Case related to 15-cv-304-jdp. (voc)
July 22, 2019 Filing 3 COMPLAINT against Dawn Harris. Service to be completed by Waiver of Service of Summons. ( Filing fee $ 400 receipt number 0758-2505772.) Filed by Elisa S. Gallo, M.D., (Attachments: #1 JS-44 Civil Cover Sheet) (Mora, Steven) Modified on 7/22/2019: Complaint is missing case number. Removed addresses of both parties. (lak)
July 22, 2019 Opinion or Order Filing 2 ** TEXT ONLY ORDER **ORDER granting #1 Motion to Admit Steven H. Mora Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 7/22/2019. (lak)
July 22, 2019 Filing 1 Motion to Admit Steven H. Mora Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2505411.) by Plaintiff Elisa S. Gallo, M.D. (Mora, Steven)

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Defendant: Dawn Harris
Represented By: Maria D. Sanders
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Plaintiff: Elisa S. Gallo, M.D.
Represented By: Steven H. Mora
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