Iverson, Larry et al v. J. David Tax Law, LLC
| Larry R. Iverson, Dawn M. Iverson, George Howell, III and GH Heating & Air LLC |
| J. David Tax Law, LLC |
| 3:2023cv00718 |
| October 16, 2023 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| None |
Docket Report
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This docket was last retrieved on November 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 1/30/2024 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (voc) |
| Filing 12 Brief in Reply by Defendant J. David Tax Law, LLC in Support of #6 Motion to Compel Arbitration and to Dismiss (Tobin, Matthew) |
| Filing 11 Brief in Opposition by Plaintiffs GH Heating & Air LLC, George Howell, III, Dawn M. Iverson, Larry R. Iverson re: #6 Motion to Compel filed by J. David Tax Law, LLC (Hanson, Kyle) |
| Filing 10 Declaration of Matthew J. Tobin filed by Defendant J. David Tax Law, LLC re: #6 Motion to Compel (Attachments: #1 Exhibit A - Engagement and Retainer Agreement Executed by Larry and Dawn Iverson, #2 Exhibit B - Engagement and Retainer Agreement Executed by Howell III and GH Heating & Air LLC) (Tobin, Matthew) |
| Filing 9 Declaration of Jonathan Sooriash filed by Defendant J. David Tax Law, LLC re: #6 Motion to Compel. (Tobin, Matthew) |
| Filing 8 Declaration of Lawton R. Graves filed by Defendant J. David Tax Law, LLC re: #6 Motion to Compel (Tobin, Matthew) |
| Filing 7 Brief in Support of #6 Motion to Compel Arbitration and to Dismiss by Defendant J. David Tax Law, LLC (Tobin, Matthew) |
| Filing 6 Motion to Compel Arbitration and to Dimiss by Defendant J. David Tax Law, LLC. Response due 10/30/2023. (Tobin, Matthew) |
| Filing 5 Disregard. Modified on 10/23/2023. (lak) |
| Set/Reset Briefing Deadlines as to #6 Motion to Compel Arbitration and to Dimiss. Brief in Opposition due 11/13/2023. Brief in Reply due 11/24/2023. (voc) |
| Filing 4 Supplemental Declaration of Jonathan Sooriash re #1 Notice of Removal. (Tobin, Matthew) Modified on 10/20/2023. (lak) |
Filing 3
** TEXT ONLY ORDER **This is a proposed class action for attorney malpractice and related claims under Wisconsin law. Defendant removed the case from state court, relying on 28 U.S.C. 1332(d) as a basis for jurisdiction. Among other things, that provision requires the proponent of jurisdiction to show "minimal diversity," which means that at least one proposed class member is a citizen of different state than the defendant. It is reasonable to infer at the pleading stage that the plaintiffs are Wisconsin citizens, but defendant hasn't adequately alleged its own citizenship. It says that it is a limited liability company and its sole member is Jonathan Sooriash, but it doesn't say where Sooriash is domiciled. An LLC's citizenship is determined by the citizenship of its members, see Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998), and an individual's citizenship is determined by his domicile, Myrick v. WellPoint, Inc., 764 F.3d 662, 664 (7th Cir. 2014). So defendant may have until October 24 to submit evidence of Sooriash's domicile. If it fails to do so, the court will remand the case to state court. Signed by District Judge James D. Peterson on 10/17/2023. (nln)
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| Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (lak) |
| Standard attachments for Judge James D. Peterson: # NORTC, #Corporate Disclosure Statement. (lak) |
| Filing 2 Declaration of Jonathan Sooriash re #1 Notice of Removal, (Tobin, Matthew) |
| Filing 1 NOTICE OF REMOVAL from Rock County, case number 23-CV-892. ( Filing fee $ 402 receipt number AWIWDC-3321053), filed by J. David Tax Law, LLC. (Attachments: #1 Exhibit 1 - Summons and Exhibits and Electronic Filing Notice and Complaint, #2 JS-44 Civil Cover Sheet) (Tobin, Matthew) Modified on 10/16/2023. (lak) |
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