Atithi, LLC v. AmGUARD Insurance Company
| Atithi, LLC |
| AmGUARD Insurance Company |
| 3:2020cv00257 |
| March 19, 2020 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Insurance |
| 12 U.S.C. ยง 635 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 16, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 11 Notice of Appearance filed by Craig Jacobson for Defendant AmGUARD Insurance Company. (Attachments: #1 Certificate of Service) (Jacobson, Craig) |
| 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) |
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)
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| Filing 8 AMENDED COMPLAINT SECOND against AmGUARD Insurance Company, filed by Atithi, LLC. (Mayer, John) |
| Filing 7 Notice of Appearance filed by Sean Adam Bukowski for Plaintiff Atithi, LLC. (Bukowski, Sean) |
|
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)
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| Filing 5 AMENDED COMPLAINT against AmGUARD Insurance Company, filed by Atithi, LLC. (Graff, Ryan) |
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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)
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| Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (arw) |
| 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) |
| Filing 3 Corporate Disclosure Statement by Plaintiff Atithi, LLC (Graff, Ryan) Modified on 3/23/2020. (lak) |
| Filing 2 Notice of Appearance filed by John Francis Mayer for Plaintiff Atithi, LLC. (Mayer, John) |
| 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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