Atithi, LLC v. AmGUARD Insurance Company
Plaintiff: Atithi, LLC
Defendant: AmGUARD Insurance Company
Case Number: 3:2020cv00257
Filed: March 19, 2020
Court: US District Court for the Western District of Wisconsin
Presiding Judge: Stephen L Crocker
Referring Judge: James D Peterson
Nature of Suit: Insurance
Cause of Action: 12:635
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 16, 2020 Filing 11 Notice of Appearance filed by Craig Jacobson for Defendant AmGUARD Insurance Company. (Attachments: #1 Certificate of Service) (Jacobson, Craig)
April 16, 2020 Filing 10 Waiver of Service Returned Executed by Defendant AmGUARD Insurance Company. AmGUARD Insurance Company waiver sent on 4/15/2020, answer due 6/15/2020. (Graff, Ryan)
April 6, 2020 Opinion or Order Filing 9 ** TEXT ONLY ORDER **The court is satisfied that plaintiff Atithi, LLC's second amended complaint, Dkt. #8 , contains allegations sufficient to establish subject matter jurisdiction in compliance with the court's April 3, 2020 order, Dkt. 6. Signed by District Judge James D. Peterson on 4/6/2020. (arw)
April 3, 2020 Filing 8 AMENDED COMPLAINT SECOND against AmGUARD Insurance Company, filed by Atithi, LLC. (Mayer, John)
April 3, 2020 Filing 7 Notice of Appearance filed by Sean Adam Bukowski for Plaintiff Atithi, LLC. (Bukowski, Sean)
April 3, 2020 Opinion or Order Filing 6 ** TEXT ONLY ORDER **Plaintiff Atithi, LLC has filed an amended complaint, Dkt. #5 , in response to the court's order regarding jurisdiction, Dkt. 4. The amended complaint sufficiently identifies Atithi's members, but it fails to allege information sufficient to determine those members' citizenship. Atithi gives the state of residency for each individual, but allegations of residency are not sufficient; 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). Atithi has until April 17, 2020, to file an amended complaint containing good-faith allegations sufficient to establish the citizenship of each of Atithi's members. Failure to do so will result in dismissal. Signed by District Judge James D. Peterson on 4/3/2020. (arw)
March 30, 2020 Filing 5 AMENDED COMPLAINT against AmGUARD Insurance Company, filed by Atithi, LLC. (Graff, Ryan)
March 27, 2020 Opinion or Order Filing 4 ** TEXT ONLY ORDER **Plaintiff Atithi, LLC filed this suit for breach of contract, contending that the court has jurisdiction under 28 U.S.C. 1332. Dkt. #1 . But for the court to exercise jurisdiction under 1332, the parties must be citizens of different states, and Atithi has not provided information sufficient to determine its citizenship. Atithi is a limited liability company, which means that its citizenship is determined by the citizenship of each of its members. Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). And if any of the members of Atithi are themselves limited liability companies, partnerships, or other similar entities, then the citizenship of those members and partners must be alleged as well. See Meyerson v. Harrah's E. Chi. Casino, 299 F.3d 616, 617 (7th Cir. 2002) (per curiam). Atithi may have until April 10, 2020, to file and serve an amended complaint containing good-faith allegations sufficient to establish complete diversity of citizenship. The court will dismiss the complaint for lack of jurisdiction if Atithi does not file an amended complaint by the deadline. Signed by District Judge James D. Peterson on 3/27/2020. (voc)
March 23, 2020 Standard attachments for District Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (arw)
March 23, 2020 Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (arw)
March 20, 2020 Filing 3 Corporate Disclosure Statement by Plaintiff Atithi, LLC (Graff, Ryan) Modified on 3/23/2020. (lak)
March 20, 2020 Filing 2 Notice of Appearance filed by John Francis Mayer for Plaintiff Atithi, LLC. (Mayer, John)
March 20, 2020 Filing 1 COMPLAINT against AmGUARD Insurance Company. (Filing fee $400, receipt number 0758-2648260) filed by Atithi, LLC. (Attachments: #1 JS-44 Civil Cover Sheet) (Graff, Ryan) Modified on 3/20/2020: Deleted addresses of both parties. (lak)

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Defendant: AmGUARD Insurance Company
Represented By: Craig Jacobson
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Plaintiff: Atithi, LLC
Represented By: Ryan Ray Graff
Represented By: Sean Adam Bukowski
Represented By: John Francis Mayer
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