Coleman, James v. Wisconsin Physicians Service Insurance Corporation
| James Coleman |
| Wisconsin Physicians Service Insurance Corporation |
| 3:2024cv00670 |
| September 23, 2024 |
| U.S. District Court for the Western District of Wisconsin |
| Anita Marie Boor |
| James D Peterson |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 20, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Pursuant to Fed. R. Civ. P. 41(a)(1), this case is closed without further order of the court. (voc) |
| Filing 14 Notice of Voluntary Dismissal by Plaintiff James Coleman (Strauss, Samuel) |
Filing 13
** TEXT ONLY ORDER ** Plaintiff has filed an amended complaint in response to this court's order asking for more information about whether plaintiff has satisfied the jurisdictional requirements in 28 U.S.C. 1332(d). The court is persuaded that the amended complaint adequately alleges all of the requirements for 1332(d) at the pleading stage. Signed by District Judge James D. Peterson on 10/31/2024. (voc)
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| Filing 12 Notice of Appearance filed by Lynn A. Toops for Plaintiff James Coleman. (Toops, Lynn) |
| Filing 11 Notice of Appearance filed by Zachary Robert Willenbrink for Defendant Wisconsin Physicians Service Insurance Corporation. (Willenbrink, Zachary) |
| Filing 10 Notice of Appearance filed by Erin M. Cook for Defendant Wisconsin Physicians Service Insurance Corporation. (Cook, Erin) |
| Filing 9 Corporate Disclosure Statement by Defendant Wisconsin Physicians Service Insurance Corporation. (Flaherty, Daniel) |
| Filing 8 Notice of Appearance filed by Daniel T. Flaherty for Defendant Wisconsin Physicians Service Insurance Corporation. (Flaherty, Daniel) |
| Filing 7 AMENDED COMPLAINT (Amended Class Action Complaint) against Wisconsin Physicians Service Insurance Corporation, filed by James Coleman. (Attachments: #1 Exhibit A - Sample Breach Notice) (Strauss, Samuel) Modified on 10/2/2024. (lak) |
| Filing 6 Waiver of Service Returned Executed by Defendant Wisconsin Physicians Service Insurance Corporation. Wisconsin Physicians Service Insurance Corporation waiver sent on 9/25/2024, answer due 11/25/2024. (Strauss, Samuel) |
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Filing 5
** TEXT ONLY ORDER **ORDER granting #3 Motion to Admit J. Gerard Stranch, IV Pro Hac Vice. Signed by Magistrate Judge Anita Marie Boor on 9/25/2024. (lak)
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Filing 4
** TEXT ONLY ORDER ** Plaintiff has filed a proposed class action, alleging that defendant suffered a data breach in which cybercriminals accessed sensitive personal identifiable information and protected health information because defendant failed to take adequate means to protect its computer system. Plaintiff is asserting state-law claims only, which means that at least one member of the proposed class must be a citizen of a different state from defendant, and the amount in controversy must be more than $5,000,000. 28 U.S.C. 1332(d). The court of appeals has interpreted 1332(d) as requiring the proponent of jurisdiction to both identify a specific proposed class member who has citizenship that is diverse from the defendant, Dancel v. Groupon, Inc., 940 F.3d 381, 385 (7th Cir. 2019), and to tell a "plausible story about how the amount in controversy exceed[s] the statutory minimum." Ware v. Best Buy Stores, L.P., 6 F.4th 726, 731 (7th Cir. 2021). The complaint does not satisfy either requirement; it contains only conclusory allegations about jurisdiction. Dkt. #1 , 11-13. Plaintiff may have until October 8 to file a supplement to the complaint that complies with circuit law on 1332(d). If plaintiff does not respond by then or if the response does not adequately allege the jurisdictional requirements, the court will dismiss the case for lack of jurisdiction. Signed by District Judge James D. Peterson on 9/25/2024. (voc) Modified on 10/30/2024 (voc).
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| Filing 3 Motion to Admit James Gerard Stranch, IV Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number AWIWDC-3496829.) by Plaintiff James Coleman. (Attachments: #1 Cert. of Good Standing) (Stranch, James) |
| Filing 2 Summons Issued as to Wisconsin Physicians Service Insurance Corporation. (lak) |
| Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Anita Marie Boor. (lak) |
| Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (lak) |
| Filing 1 COMPLAINT (Class Action Complaint) against Wisconsin Physicians Service Insurance Corporation. ( Filing fee $ 405 receipt number AWIWDC-3495995.), filed by James Coleman. (Attachments: #1 Exhibit A - Breach Notice, #2 JS-44 Civil Cover Sheet, #3 Summons) (Strauss, Samuel) Modified on 9/24/2024. (lak) |
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