Pines Bach, LLP v. Mills, Michael
Pines Bach, LLP |
Michael A. Mills |
3:2022cv00066 |
February 7, 2022 |
US District Court for the Western District of Wisconsin |
Stephen L Crocker |
James D Peterson |
Contract: Other |
28 U.S.C. ยง 1332 Diversity-Breach of Contract |
None |
Docket Report
This docket was last retrieved on October 17, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 6 Summons Issued as to Michael A. Mills. (rks) |
Filing 5 ** TEXT ONLY ORDER ** As requested by the court, plaintiff has submitted an amended complaint that addresses whether the court has diversity jurisdiction over this lawsuit. Dkt. #4 . The complaint alleges that all of plaintiff Pines Bach LLP's partners are citizens of Wisconsin, and that defendant Michael A. Mills is a citizen of Texas. The court is satisfied that it has subject matter jurisdiction. Signed by District Judge James D. Peterson on 3/9/2022. (rks) |
Filing 4 AMENDED COMPLAINT against Michael A. Mills, filed by Pines Bach, LLP. (Attachments: #1 Summons) (Sage, Roger) |
Filing 3 ** TEXT ONLY ORDER ** Plaintiff Pines Bach LLP has filed a complaint in which it relies on 28 U.S.C. 1332 as a basis for jurisdiction. That statute requires complete diversity of citizenship between the plaintiff and defendant and an amount in controversy more than $75,000. Plaintiff's complaint doesn't show that the requirements regarding diversity of citizenship are met. First, plaintiff alleges defendant Michael A. Mills's 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 is a limited liability partnership, and the citizenship of a limited liability partnership is determined by the citizenship of the partners. Carden v. Arkoma Assocs., 494 U.S. 185, 195-96 (1990). But plaintiff only provides its state of organization and its principal place of business. Plaintiff may have until March 16, 2022, 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 2/24/2022. (rks) |
Filing 2 Summons Issued as to Michael A. Mills. (rks) |
Case non-randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. Related Case: 19-cv-158-jdp. (rks) |
Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (rks) |
Filing 1 COMPLAINT against Michael A. Mills. ( Filing fee $ 402 receipt number 0758-3004493.), filed by Pines Bach, LLP. (Attachments: #1 Summons, #2 JS-44 Civil Cover Sheet) (Sage, Roger) Modified on 2/7/2022: Deleted duplicate defendant from database. Deleted addresses of both parties. Counsel to request shell cases in the future. (lak) |
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Plaintiff: Pines Bach, LLP | |
Represented By: | Roger Alan Sage |
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Defendant: Michael A. Mills | |
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