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P.I.: Other | Illinois Southern
Order ~Util - Set Deadlines
JURISDICTIONAL ORDER: This matter is before the Court sua sponte on the issue of federal subject matter jurisdiction. See 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 Edward J. Heinz filed this case pursuant to the Class Action Fairness Act ("CAFA"), 28 U.S.C. § 1332, which requires minimal diversity among the parties. This means that one member of the plaintiff class must be a citizen of a state different from any one defendant. In his complaint, Plaintiff simply states "there are more than 100 members in the proposed class, and at least one member of the class is a citizen of a state different from each Defendant." This threadbare allegation of negative citizenship fails to satisfy the minimal diversity requirement. Dancel v. Groupon, Inc., 940 F.3d 381 (7th Cir. 2019). The party asserting federal jurisdiction cannot simply "allege diversity of citizenship without identifying the [parties'] states of citizenship." Id. (citing Dalton v. Teva N. Am., 891 F.3d 687, 690 (7th Cir. 2018)). At least one member of the plaintiff class must be a citizen of a state other than Illinois to establish minimal diversity here. Thus, the Court requires more information to determine whether minimal diversity is satisfied so as to meet the requirements of 28 U.S.C. § 1332. Plaintiff is ORDERED to file an amended complaint, on or before September 18, 2026, that clearly sets forth all of the information needed to confirm that jurisdiction under CAFA is satisfied. If Plaintiff fails to do so, this action may be dismissed for lack of jurisdiction. (Amended Pleadings due by 9/18/2026.) Signed by Judge Nancy J. Rosenstengel on 9/4/2026. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
Notice Striking Electronically Filed Documents
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 1 Complaint filed by Edward J. Heinz. You did not renew your membership in the bar and have been removed from the roll of attorneys admitted to practice in our court. You will need to apply for general admission anew and pay the initial admission fee or move to be admitted pro hac vice. Attorney admission information can be found under the Attorney Information heading on our website at http://www.ilsd.uscourts.gov (aca)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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