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P.I.: Other | Wisconsin Western
Text Only Order
** TEXT ONLY ORDER ** Defendant's motion for summary judgment motion is pending in this negligence case. Dkt. 24 . But before the court can resolve that motion, two issues must be addressed. First, the parties' proposed findings of fact do not include facts about the parties' citizenship. At the summary judgment stage, the proponent of jurisdiction must prove jurisdiction with admissible evidence. See Lujan v. Nat'l Wildlife Fed'n, 497 U.S. 871, 888 (1990); see also court summary judgment procedures, attachment to Dkt. 16 , at 3. In this case, plaintiff is the proponent of jurisdiction, so he may have until October 5 to supplement his summary judgment submissions with admissible evidence of the citizenship of both parties. The court expects defendant to cooperate in the effort to establish citizenship, and the parties may file a stipulation on jurisdiction, so long as the stipulation lays out all the relevant facts about the citizenship of the parties. Prizevoits v. Indiana Bell Telephone Co., 76 F.3d 132, 134 (7th Cir. 1996). If plaintiff does not respond by the deadline, the court will dismiss the case for lack of jurisdiction. Second, defendant failed to answer the plaintiff's amended complaint. Dkt. 10 . Plaintiff has not raised the issue, and both parties have been participating in discovery and actively litigating this case, so this appears to have been an oversight that has not prejudiced plaintiff. Accordingly, defendant may have until October 5 to file an answer. Signed by District Judge James D. Peterson on 9/28/2026. (nln)
Other Statutory Actions | Arkansas Eastern
Response (Non Motion)
RESPONSE re 41 Notice (Other) Response to Plaintiff's Notice of Suppl Authority by Acxiom LLC (Drennon, Baxter)
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