Petron, Nathan v. Wilderness Hotel and Resort, Inc. et al
| Nathan Petron |
| Wilderness Hotel and Resort, Inc., Stand Rock Hospitality, Playsmart, Inc., Cincinnati Insurance Company, ABC Insurance Company, DEF Insurance Company and XYZ Insurance Company |
| 3:2021cv00460 |
| July 20, 2021 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 3, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 ANSWER by Defendant Cincinnati Insurance Company. (Lessner, Justin) |
| Filing 6 Notice of Appearance filed by Justin Harold Lessner for Defendant Cincinnati Insurance Company. (Lessner, Justin) |
Filing 5
** TEXT ONLY ORDER ** As requested by the court, plaintiff has supplemented his jurisdictional allegations related to the citizenship of the parties. See Dkt. #4 . The court is persuaded that plaintiff has adequately alleged that the court may exercise jurisdiction under 28 U.S.C. 1332. Signed by District Judge James D. Peterson on 7/22/2021. (kwf)
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| Filing 4 Declaration of Jay A. Urban re #1 Complaint, (Attachments: #1 Exhibit 1 - Plaintiff's Minnesota Driver's License, #2 Exhibit 2 - Wisconsin Secretary of State - WI SOS Business Search for Wilderness Hotel and Resort, Inc., #3 Exhibit 3 - Wisconsin Secretary of State - WI SOS Business Search for Stand Rock Hospitality, #4 Exhibit 4 - Missouri Secretary of State - Business Search for Playsmart, Inc., #5 Exhibit 5 -National Association of Insurance Commissioners for The Cincinnati Insurance Company) (Urban, Jay) |
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Filing 3
** TEXT ONLY ORDER **Plaintiff has filed a complaint in which he relies on 28 U.S.C. 1332 as a basis for jurisdiction. That statute requires complete diversity of citizenship between the plaintiff and defendants and an amount in controversy more than $75,000, but plaintiff's complaint doesn't show that the requirements regarding diversity of citizenship are met. First, plaintiff alleges his residence rather than his domicile. See Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012) (citizenship under 1332 determined by domicile). Second, plaintiff doesn't identify the state of incorporation for some of the incorporated defendants. See 28 U.S.C. 1332(c)(1) (corporation is a citizen of both state of incorporation and the state where the party's principal place of business is located). Third, plaintiff doesn't say whether some of the defendants are incorporated or unincorporated. The citizenship of the two types of entities is decided differently, and if a defendant is unincorporated, plaintiff must identify the citizenship of the defendant's members. See West v. Louisville Gas & Elec. Co., 951 F.3d 827, 829 (7th Cir. 2020); Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998). Plaintiff may have until August 11, 2021, to file supplemental materials or an amended complaint showing that the court may exercise subject matter jurisdiction. If plaintiff fails to respond, the court will dismiss the case. Signed by District Judge James D. Peterson on 7/21/2021. (kwf)
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| Filing 2 Summons Issued as to Cincinnati Insurance Company, Playsmart, Inc., Stand Rock Hospitality, Wilderness Hotel and Resort, Inc. (kwf) |
| Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (kwf) |
| 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. (kwf) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0758-2907648.), filed by Nathan Petron, (Attachments: #1 Summons - Cincinnati Insurance Company, #2 Summons - Playsmart, Inc., #3 Summons - Stand Rock Hospitality, #4 Summons - Wilderness Hotel and Resort, Inc., #5 JS-44 Civil Cover Sheet) (Urban, Jay) Modified on 7/21/2021: E-mail sent to counsel. (lak) |
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