| Court: | ilsd |
| Docket #: | 3:09-cv-00954 |
| Case Name: | Newsom v. Caliber Auto Transfer of St. Louis, Inc. et al |
| PACER case #: | 42553 |
| Date filed: | 2009-11-16 |
| Date terminated: | 2010-02-01 |
| Assigned to: | Judge G. Patrick Murphy |
| Referred to: | Magistrate Judge Donald G. Wilkerson |
| Case Cause: | 28:1441 Petition for Removal- Contract Default |
| Nature of Suit: | 190 Contract: Other |
| Jury Demand: | Defendant |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Tamara Newsom Plaintiff |
Brian M. Wendler |
| Caliber Auto Transfer of St. Louis, Inc. Defendant |
Christopher M. Sanders |
| Caliber Management, Inc. Defendant |
Christopher M. Sanders |
| Caliber Auto Transfer Companies Defendant unincorporated entity acting as a partner |
|
| Caliber Auto Transfer, Inc. Defendant |
Christopher M. Sanders |
| Scott Davenport Defendant |
Christopher M. Sanders |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2009-11-16 | 1 | 0 | Case Opened. Filing Fee Due. Documents may now be electronically filed. Case number 09-954-GPM must be placed on all documents prior to filing them electronically. (Attachments: # 1 notice of consent to magistrate judge)(lmt) (Entered: 11/16/2009) | |||
| 2009-11-16 | 2 | 0 | NOTICE OF REMOVAL by Scott Davenport, Caliber Auto Transfer of St. Louis, Inc., Caliber Management, Inc., Caliber Auto Transfer, Inc. from Twentieth Circuit Court, St. Clair County, Illinois, case number 09-L-539. ( Filing fee $ 350 receipt number 07540000000000997336) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Affidavit Jacque Hildebrand, # 8 Civil Cover Sheet, # 9 Exhibit Original Filing Form)(Sanders, Christopher) (Entered: 11/16/2009) | |||
| 2009-11-16 | 3 | 0 | Corporate Disclosure Statement by Caliber Auto Transfer, Inc.. (Sanders, Christopher) (Entered: 11/16/2009) | |||
| 2009-11-16 | 4 | 0 | Corporate Disclosure Statement by Caliber Auto Transfer of St. Louis, Inc.. (Sanders, Christopher) (Entered: 11/16/2009) | |||
| 2009-11-16 | 5 | 0 | Corporate Disclosure Statement by Caliber Management, Inc.. (Sanders, Christopher) (Entered: 11/16/2009) | |||
| 2009-11-23 | 6 | 0 | MOTION to Dismiss Counts II, III and IV of Plaintiff's Complaint and/or for More Definite Statement by Caliber Auto Transfer of St. Louis, Inc., Caliber Auto Transfer, Inc., Caliber Management, Inc., Scott Davenport. Responses due by 12/28/2009 (Sanders, Christopher) (Entered: 11/23/2009) | |||
| 2009-11-23 | 7 | 0 | MEMORANDUM in Support re 6 MOTION to Dismiss Counts II, III and IV of Plaintiff's Complaint and/or for More Definite Statement filed by Caliber Auto Transfer of St. Louis, Inc., Caliber Auto Transfer, Inc., Caliber Management, Inc., Scott Davenport. (Sanders, Christopher) (Entered: 11/23/2009) | |||
| 2009-11-25 | 8 | 0 | NOTICE by Caliber Auto Transfer of St. Louis, Inc., Caliber Auto Transfer, Inc., Caliber Management, Inc., Scott Davenport re 2 Notice of Removal,,,,, Notice to Clerk of Removal (St. Clair County Court) (Sanders, Christopher) (Entered: 11/25/2009) | |||
| 2009-11-26 | 9 | 0 | ORDER: Defendants Caliber Auto Transfer of St. Louis, Inc., Caliber Management, Inc., Caliber Auto Transfer, Inc., and Scott Davenport shall file an amended notice of removal properly alleging the Court's subject matter jurisdiction on the basis of diversity of citizenship pursuant to 28 U.S.C. § 1332 not later than 12:00 p.m. on Monday, December 7, 2009; see order for specifics. Signed by Judge G. Patrick Murphy on 11/26/2009. (jhs) (Entered: 11/26/2009) | |||
| 2009-11-30 | 10 | 0 | ENTRY STRICKEN: RESPONSE in Opposition re 6 MOTION to Dismiss Counts II, III and IV of Plaintiff's Complaint and/or for More Definite Statement filed by Tamara Newsom. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Maag, Thomas) Modified on 12/1/2009 (lmb, ). (Entered: 11/30/2009) | |||
| 2009-11-30 | 11 | 0 | ORDER OF CLARIFICATION: On November 26, 2009, the Court ordered Defendants Caliber Auto Transfer of St. Louis, Inc. ("Caliber St. Louis"), Caliber Management, Inc. ("Caliber Management"), Caliber Auto Transfer, Inc. ("Caliber Inc."), and Scott Davenport to file an amended notice of removal properly alleging the Court's subject matter jurisdiction on the basis of diversity of citizenship pursuant to 28 U.S.C. § 1332 not later than 12:00 p.m. on Monday, December 7, 2009. Specifically, the Court ordered Caliber St. Louis, Caliber Management, Caliber Inc., and Davenport to amend their operative notice of removal to allege correctly (1) the jurisdictional amount in controversy in this case for diversity purposes, (2) the state citizenship of Davenport for diversity purposes, and (3) the state citizenship of Caliber Inc. for diversity purposes. In the November 26 order the Court neglected to note that in the current notice of removal in this case Caliber St. Louis, Caliber Management, Caliber Inc., and Davenport properly allege that Plaintiff Tamara Newsom is a citizen of Illinois for purposes of federal diversity jurisdiction. Accordingly, the Court now clarifies its November 26 order as follows: in their amended notice of removal to be filed by December 7 Caliber St. Louis, Caliber Management, Caliber Inc., and Davenport need not and should not make any amendment to their allegations regarding Newsom's citizenship for diversity purposes. Signed by Judge G. Patrick Murphy on 11/30/2009. (jhs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/30/2009) | |||
| 2009-12-01 | 12 | 0 | NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 10 Response in Opposition to Motion, filed by Tamara Newsom. See attached document for specifics (lmb) (Entered: 12/01/2009) | |||
| 2009-12-02 | 13 | 0 | RESPONSE in Opposition re 6 MOTION to Dismiss Counts II, III and IV of Plaintiff's Complaint and/or for More Definite Statement filed by Tamara Newsom. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Wendler, Brian) (Entered: 12/02/2009) | |||
| 2009-12-07 | 14 | 0 | NOTICE OF REMOVAL by Caliber Auto Transfer of St. Louis, Inc., Caliber Auto Transfer, Inc., Caliber Management, Inc., Scott Davenport Amended from Twentieth Circuit Court, St. Clair County, Illinois, case number 09-L-539. (Attachments: # 1 Exhibit A, # 2 Affidavit Jacque Hildebrand)(Sanders, Christopher) (Entered: 12/07/2009) | |||
| 2009-12-15 | 15 | 0 | MOTION to Remand to State Court by Tamara Newsom. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Wendler, Brian) (Entered: 12/15/2009) | |||
| 2009-12-17 | 16 | 0 | NOTICE OF HEARING: A hearing will be conducted on the motion for remand of this case to state court brought by Plaintiff Tamara Newsom (Doc. 15) on February 1, 2010, at 10:30 a.m. at the United States District Courthouse in East St. Louis, Illinois, Judge G. Patrick Murphy presiding. Of particular interest to the Court is the question of the citizenship of Defendant Scott Davenport for purposes of federal diversity jurisdiction. Counsel for the parties should come to the hearing ready to present evidence and argument regarding Davenport's citizenship. (jhs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/17/2009) | |||
| 2010-02-01 | 17 | 0 | Minute Entry for proceedings held before Judge G. Patrick Murphy: Motion Hearing held on 2/1/2010. GRANTING 15 MOTION to Remand to State Court filed by Tamara Newsom. Case REMANDED to St Clair County IL. Written Order to follow. (Court Reporter Molly Clayton.) (lmm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/01/2010) | |||
| 2010-02-01 | 18 | 0 | ORDER OF REMAND: Pursuant to 28 U.S.C. § 1447(c) this case is remanded to the Circuit Court of the Twentieth Judicial Circuit, St. Clair County, Illinois, for lack of federal subject matter jurisdiction. Signed by Judge G. Patrick Murphy on 2/1/2010. (jhs) (Entered: 02/01/2010) | 2010-04-06 13:38:20 | 74741487ae782b2354a44c4bb96637977e76c5ac | |
| 2010-02-03 | 19 | 0 | Letter remanding case to St. Clair County Circuit Court (lmb) (Entered: 02/03/2010) | |||
| 2010-02-17 | 20 | 0 | Acknowledgment received from St. Clair County Circuit Court. (lmb) (Entered: 02/17/2010) |