West Bend Insurance Company f/k/a West Bend Mutual Insurance Company v. Rauch et al
| Illinois Southern District Court | |
| Judge: | Nancy J Rosenstengel |
| Case #: | 3:24-cv-01071 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Declaratory Judgement |
| Case Filed: | Apr 10, 2024 |
| Last checked: Wednesday Apr 10, 2024 5:09 PM CDT |
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Defendant
Richard Blow
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Defendant
Keary Rauch
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Plaintiff
West Bend Insurance Company
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Represented By
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| Docket last updated: 76 minutes ago |
| Monday, April 22, 2024 | ||
| 11 | 11
cmp
Amended Complaint
Mon 04/22 3:19 PM
AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Young, Michael) |
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Att: 1
Exhibit Exhibit A-1,
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Att: 2
Exhibit Exhibit A-2,
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Att: 3
Exhibit Exhibit A-3,
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Att: 4
Exhibit Exhibit A-4,
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Att: 5
Exhibit Exhibit B,
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Att: 6
Exhibit Exhibit C
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| Wednesday, April 17, 2024 | ||
| 10 | 10
order
Order ~Util - Set Deadlines
Wed 04/17 10:53 AM
ORDER: This matter comes before the Court sua sponte on the issue of federal subject matter jurisdiction. See Jakupovic v. Curran , 850 F.3d 898, 902 (7th Cir. 2017); Foster v. Hill , 497 F.3d 695, 696-97 (7th Cir. 2007) ("It is the responsibility of a court to make an independent evaluation of whether subject matter jurisdiction exists in every case."). Plaintiff West Bend Insurance Company ("West Bend") alleges this Court has jurisdiction pursuant to 28 U.S.C. § 1332 due to the complete diversity of the parties. However, the allegations are insufficient for the Court to make that determination. West Bend alleges it is organized under the laws of Wisconsin and its principal place of business is in Wisconsin. It further alleges that, on information and belief, Defendants Keary Rauch and Richard Blow are citizens of Illinois. It is well-settled in the Seventh Circuit, however, that allegations of citizenship based on "information and belief" are insufficient to establish diversity jurisdiction. Brickstructures, Inc. v. Coaster Dynamix, Inc. , No. 16 CV 10969, 2017 WL 4310671, at *1 (N.D. Ill. Sept. 28, 2017) (citing America's Best Inns, Inc. v. Best Inns of Abilene, L.P. , 980 F.2d 1072, 1074 (7th Cir. 1992)). Because West Bend's jurisdictional allegations are deficient, West Bend is ORDERED to file an amended complaint curing those deficiencies on or before May 3, 2024. (Amended Pleadings due by 5/3/2024.) Signed by Chief Judge Nancy J. Rosenstengel on 4/17/2024. (mlp) |
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| Friday, April 12, 2024 | ||
| 9 | 9
notice
Notice Terminating Judge Assignment
Fri 04/12 2:56 PM
NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order Nos. 347 and 367, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Chief Judge Nancy J. Rosenstengel for further proceedings. Magistrate Judge Mark A. Beatty no longer assigned to the case. All future documents must bear case number 3:24-cv-01071-NJR. (aza) |
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| 8 | 8
misc
Consent/Non-Consent to US Magistrate Judge
Fri 04/12 1:55 PM
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Young, Michael) |
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| 7 | 7
notice
Notice Striking Electronically Filed Documents
Fri 04/12 11:30 AM
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking6 Consent/Non-Consent to US Magistrate Judge. The Clerks Office received your Consent to Proceed Before a Magistrate Judge Jurisdiction form. The form is incomplete. Your signature was absent from the form. Therefore, the pleading is STRICKEN. Please refile completed document. Another form is attached to this notice. Please note that, pursuant to the Courts prior Order, the deadline for submitting this form is 5/2/2024 (aza) |
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| Thursday, April 11, 2024 | ||
| 6 | 6
misc
Consent/Non-Consent to US Magistrate Judge
Thu 04/11 5:07 PM
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Young, Michael) |
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| 5 | 5
service
Summons Issued
Thu 04/11 9:40 AM
Summons Issued as to Richard Blow, Keary Rauch. Originals mailed to counsel for service. (adh) |
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| 4 | 4
notice
Notice of Initial Magistrate Assignment
Thu 04/11 9:36 AM
NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Mark A. Beatty pursuant to Administrative Orders 347 and 367. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order Nos. 347 and 367, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: West Bend Insurance Company. A link regarding the magistrate judges in this district is attached for your convenience:[LINK:https://www.ilsd.uscourts.gov/sites/ilsd/files/BenefitsofConsent.pdf] . All future documents must bear case number 3:24-cv-1071-MAB. Consent due by 5/2/2024 (adh) |
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misc
Disclosure Statement
Thu 04/11 9:07 AM
Federal Rule of Civil Procedure 7.1 Disclosure Statement by West Bend Insurance Company identifying Corporate Parent West Bend Mutual Holding Company, Other Affiliate West Bend Mutual Insurance Company for West Bend Insurance Company. (Young, Michael) |
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| Wednesday, April 10, 2024 | ||
| 2 | 2
service
Summons Requested
Wed 04/10 3:49 PM
Summons Requested.(Young, Michael) |
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Att: 1
Summons Summons to Richard Blow,
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Att: 2
Summons Summons to Keary Rauch
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| 1 | 1
cmp
Complaint
Wed 04/10 3:17 PM
COMPLAINT against All Defendants ( Filing fee $ 405 receipt number AILSDC-5362344.), filed by All Plaintiffs.(Young, Michael) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit A-1,
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Att: 3
Exhibit A-2,
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Att: 4
Exhibit A-3,
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Att: 5
Exhibit A-4,
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Att: 6
Exhibit B,
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Att: 7
Exhibit C
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