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VANCE v. ACE AMERICAN INSURANCE COMPANY docket

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MEA,PMF
U.S. District Court
Southern District of Illinois (East St. Louis)
CIVIL DOCKET FOR CASE #: 3:15-cv-00401-MJR-PMF
Vance v. Ace American Insurance Company
Assigned to: Chief Judge Michael J. Reagan
Referred to: Magistrate Judge Philip M. Frazier
Case in other court: Twentieth Judicial Circuit St. Clair
County, 15-L-116
Cause: 28:1441 Petition for Removal- Insurance Contract
Date Filed: 04/09/2015
Jury Demand: Defendant
Nature of Suit: 110 Insurance
Jurisdiction: Diversity
Plaintiff
Doraine Vance represented by Thomas G. Kemper
Butler & Kemper
2421 Corporate Centre Drive
Suite 101
Granite City, IL 62040
618-931-1681
Fax: 618-931-5845
Email:
tom.kemper@butlerkemperlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Ace American Insurance Company represented by Jeffrey T. Bash
Lewis Brisbois Bisgaard & Smith LLP -
Edwardsville
Mark Twain Plaza II - Ste. 300
103 West Vandalia Street
Edwardsville, IL 62025
618-307-7290
Fax: 618-692-6099
Email: j.bash@lewisbrisbois.com
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
CM/ECF - U.S. District Court:ilsd https://ecf.ilsd.uscourts.gov/cgi-bin/DktRpt.pl?26770397633876-L...
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04/09/2015 1 NOTICE OF REMOVAL from Twentieth Judicial Circuit, St. Clair County, IL, case
number 15-L-116 ( Filing fee $ 400 receipt number 0754-2586423), filed by Ace
American Insurance Company. (Attachments: # 1 Exhibit Complaint, # 2 Civil Cover
Sheet Civil Cover Sheet)(Bash, Jeffrey) (Entered: 04/09/2015)
04/09/2015 2 Corporate Disclosure Statement by Ace American Insurance Company identifying
Corporate Parent Ace American Insurance Company for Ace American Insurance
Company. (Bash, Jeffrey) (Entered: 04/09/2015)
04/09/2015 3 DEMAND for Trial by Jury by Ace American Insurance Company. (Bash, Jeffrey)
(Entered: 04/09/2015)
04/09/2015 4 NOTICE of Appearance by Jeffrey T. Bash on behalf of Ace American Insurance
Company (Bash, Jeffrey) (Entered: 04/09/2015)
04/09/2015 5 NOTICE by Ace American Insurance Company Notice to Plaintiff of Notice of
Removal (Bash, Jeffrey) (Entered: 04/09/2015)
04/10/2015 6 Notice of Judge Assignment. Chief Judge Michael J. Reagan and Magistrate Judge
Philip M. Frazier assigned. All future documents must bear case number 15-401-
MJR-PMF. If the parties consent to Magistrate Judge assignment, the consent form
with instruction is attached for your convenience. Refer to Civil/Removal Case
Processing Requirements, found on the ILSD website, for further service
information. (lmb) (Entered: 04/10/2015)
04/13/2015 7 ORDER: Questions of subject-matter jurisdiction must be considered by a court sua
sponte. Wellness Int'l Network, Ltd. v. Sharif, 727 F.3d 751, 768 (7th Cir. 2013).
This case was filed in St. Clair County (Illinois) Circuit Court, and removed by the
Defendant (Doc. 1). The notice of removal, seeks to invoke this Courts § 1332
diversity jurisdiction. Section 1332 requires an amount in controversy over $75,000
and complete diversity among the parties. To ascertain the existence of the latter, the
Court must know the citizenship of every party. The removal notice falls short of
supplying this information. Defendant states that "[u]pon information and belief,
Plaintiff is an individual resident of the state of Illinois." (Id. at 2). First, "u]pon
information and belief" is a construction that has been roundly rejected in the
Seventh Circuit. Med. Assurance Co. v. Hellman, 610 F.3d 371, 376 (7th Cir.
2010); America's Best Inns, Inc. v. Best Inns of Abilene, L.P. , 980 F.2d 1072, 1074
(7th Cir. 1992). Further, the residence of the Plaintiff is stated (Illinois) but not the
Plaintiff's citizenship. This is insufficient. Heinen v. Northrop Grumman Corp., 671
F.3d 669, 670 (7th Cir. 2012). Accordingly, the Court DIRECTS Defendants to file
an AMENDED removal notice clearly delineating the citizenship of all parties, to be
filed by May 5, 2015.(Amended Pleadings due by 5/5/2015.) Signed by Chief Judge
Michael J. Reagan on 4/13/15. (mea) (Entered: 04/13/2015)
CM/ECF - U.S. District Court:ilsd https://ecf.ilsd.uscourts.gov/cgi-bin/DktRpt.pl?26770397633876-L...
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Published under a Creative Commons License By attribution, non-commercial
date: 
Thu, 2015-04-09
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