Jones, Michael et al v. Allstate Insurance Company et al
| Michael Jones, Elizabeth Chaidez and BlueCross BlueShield of Illinois |
| Allstate Insurance Company, AIRBNB, Inc., AIRBNB RPG, Inc., Homesite Insurance Company and Richard E. Umhoefer |
| 3:2022cv00049 |
| January 28, 2022 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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| Document Text |
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| Filing 12 Claim for Declaratory Relief by Defendant Homesite Insurance Company. (Luell, Stacy) Modified on 3/28/2022. (lak) |
| Filing 11 Corporate Disclosure Statement by Defendant Homesite Insurance Company. (Luell, Stacy) |
| Action Requested: Counsel for plaintiff requested to promptly file proof of service for defendants AIRBNB, Inc., AIRBNB RPG, Inc. (kwf) |
| Filing 10 Corporate Disclosure Statement by Defendant Allstate Insurance Company. (Elger, Daniel) |
| Filing 9 ANSWER to Amended Complaint by Defendants Allstate Insurance Company, Richard E. Umhoefer. (Elger, Daniel) |
| Filing 8 ANSWER with Jury Demand by Defendant Homesite Insurance Company. (Luell, Stacy) |
| Filing 7 Notice of Appearance filed by Stacy Kay Luell for Defendant Homesite Insurance Company. (Luell, Stacy) Modified on 3/15/2022 (jls). |
| Filing 6 ANSWER to Amended Complaint (Second) by Defendants Homesite Insurance Company, Richard E. Umhoefer. (Crooks, Michael) |
| Filing 5 SECOND AMENDED COMPLAINT and Jury Demand against All Defendants, filed by Elizabeth Chaidez, Michael Jones. (Georges, Phillip) |
| Filing 4 AMENDED COMPLAINT and Jury Demand against All Defendants, filed by Elizabeth Chaidez, Michael Jones. (Georges, Phillip) |
Filing 3
** TEXT ONLY ORDER **Plaintiffs Michael Jones and Elizabeth Chaidez have filed a complaint in which they rely on diversity jurisdiction under 28 U.S.C. 1332. But plaintiffs' complaint doesn't show diversity of citizenship. First, plaintiffs allege the residence rather than the domicile of the individual parties in the case (Jones, Chaidez, and defendant Richard Umhoefer). See Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012) (citizenship under 1332 determined by domicile). Second, plaintiffs allege only the principal places of business of the corporate parties in the case (Allstate Insurance Company, Airbnb, Inc., Airbnb RPG, Inc., Homesite Insurance Company, and Blue Cross Blue Shield of Illinois). Corporations are citizens of both the state of incorporation and state of principal place of business. 28 U.S.C. 1332(c)(1); Lincoln Prop. Co. v. Roche, 546 U.S. 81, 94 (2005). Plaintiffs may have until March 16, 2022, to file supplemental materials or an amended complaint showing that the court may exercise subject matter jurisdiction on the basis of diversity. If plaintiffs fail to respond, the court will dismiss the case. Signed by District Judge James D. Peterson on 2/23/2022. (voc) Modified on 2/24/2022. (kwf)
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| Filing 2 Summons Issued as to Richard E. Umhoefer, Homesite Insurance Company, AIRBNB RPG, Inc., AIRBNB, Inc., Allstate Insurance Company, BlueCross BlueShield of Illinois. (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 AIRBNB RPG, Inc., AIRBNB, Inc., Allstate Insurance Company, Homesite Insurance Company, Richard E. Umhoefer. ( Filing fee $ 402 receipt number 0758-3001202.), filed by All Plaintiffs. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons) (Georges, Phillip) |
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