Ross v. National General Insurance et al
| Nico Ross |
| Trexis Insurance Company, Progressive Insurance Company, Lyft, Inc., Direct Auto Insurance Co., National General Insurance and Onyx Hernandez |
| 1:2024cv08222 |
| September 9, 2024 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1446 Petition for Removal- Property Damage (P.I.) |
| Defendant |
Docket Report
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| Document Text |
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| Filing 27 MINUTE entry before the Honorable John J. Tharp, Jr:Motion to dismiss #14 is denied; Motions terminated: In light of plaintiff's filing of an amended complaint #26 , Defendant Progressive Insurance Company's motion to dismiss #14 is denied without prejudice as moot. Defendants may (re)file responses to the amended complaint by 11/20/25. Mailed notice (air, ) |
| Filing 26 FIRST AMENDED Complaint by Nico Ross. (Received via Box.com on 11/6/2024) (jh, ) |
| Filing 25 RESPONSE by Lyft, Inc. to MOTION by Plaintiff Nico Ross for order #17 (Joint Response) (Attachments: #1 Exhibit A)(Maruna, James) |
| Filing 24 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for an extension #23 is denied. The Court granted Plaintiff's previous motion for an extension of time to file an amended complaint #20 in part, setting a deadline of 11/6/2024 in light of the limited nature of the proffered amendment. Once Plaintiff files an amended complaint, any pending motions to dismiss will be denied without prejudice as moot and Defendants will be required to respond to the amended complaint within 14 days of service of the amended complaint pursuant to Fed. R. Civ. P. 15(a)(3). At that time, plaintiff will be given an opportunity to respond to any renewed motions to dismiss that Defendants might file. An extension for such a response is premature at this juncture, given that the plaintiff has signaled his intent to instead amend his complaint. None of this, however, affects the briefing schedule for the motion to remand, which remains in effect. Mailed notice (air, ) |
| Filing 23 MOTION by Plaintiff Nico Ross for extension of time to answer/respond to Progressive's motion for dismissal. (Received via Box.com on 10/16/24) (aee, ) |
| Filing 22 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for leave to file an amended complaint #19 is granted. Plaintiff's motion for an extension, #20 which the Court will construe as a motion for an extension of time to file an amended complaint, is granted. Plaintiff is directed to file an amended complaint titled "First Amended Complaint" on the docket by 11/6/2024. The Court's briefing schedule on Plaintiff's Motion to Remand #17 remains in effect: Defendants' response is due 11/5/2024; Plaintiff's reply, if any, is due 11/19/2024. Mailed notice (air, ) |
| Filing 21 MINUTE entry before the Honorable John J. Tharp, Jr:Having reviewed the joint status report, #18 the Court orders the following briefing schedule: Defendants' response is to Plaintiff's Motion to Remand: #17 is due 11/5/2024; reply due 11/19/2024. The Court's briefing schedule on the Defendant Progressive's motion to dismiss #14 remains in effect. Plaintiff may file a response to the motion to dismiss or file an amended complaint by 10/21/24; Defendant's reply, if any, is due by 11/4/24. Mailed notice (air, ) |
| Filing 20 MOTION by Plaintiff Nico Ross for extension of time to answer/respond to Lyft's motion for dismissal (Received via pro se email on 10/14/2024) (emc, ) |
| Filing 19 MOTION by Plaintiff Nico Ross to amend complaint to include bad faith (Received via pro se email on 10/14/2024) (emc, ) |
| Filing 18 STATUS Report (Joint, Initial) by Lyft, Inc. (Aranguren, Lindsey) |
| Filing 17 MOTION by Plaintiff Nico Ross to oppose removal of plaintiff's case Cook County Circuit court (Exhibits) (Received via pro se email on 10/10/2024) (emc, ) |
| Filing 16 MINUTE entry before the Honorable John J. Tharp, Jr:The defendant's motion to dismiss #14 is taken under advisement. The plaintiff's response is due by 10/21/2024; the defendant's reply, if any, is due by 11/04/24. Upon motion by the parties, the Court may modify the briefing schedule for good cause pursuant to Fed R. Civ. P. 6(b)(1). Mailed notice (air, ) |
| Filing 15 ANSWER to Complaint with Jury Demand and Affirmative Defenses by Lyft, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Maruna, James) |
| Filing 14 MOTION by Defendant Progressive Insurance Company to dismiss Defendant United Financial Casualty Company, incorrectly sued as Progressive Insurance Company's Motion to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Attachments: #1 Exhibit A)(LaBarge, James) |
| Filing 13 JURY Demand (LaBarge, James) |
| Filing 12 ATTORNEY Appearance for Defendant Progressive Insurance Company by James A. LaBarge Defendant United Financial Casualty Company, incorrectly sued as Progressive Insurance Company (LaBarge, James) |
| Filing 11 MINUTE entry before the Honorable John J. Tharp, Jr:The motion for extension of time to file a motion for remand #10 is denied. The statute establishing the 30-day deadline for motions to remand, 28 U.S.C. 1447(c), does not authorize this Court to modify the deadline or grant extensions. Mailed notice (air, ) |
| Filing 10 MOTION by Plaintiff Nico Ross for Extension of Time to File Motion for Remand to State Court. (Received via Box.com on 9/26/2024.) (lw, ) |
| Filing 9 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the defendants' Amended Notice of Removal #8 , the defendants' answer to the complaint is due by 9/30/2024 pursuant to Fed. R. Civ. P. 81(c)(2). The plaintiff's motion to remand this case to the Circuit Court of Cook County, if any, is due by 10/23/2024 pursuant to 28 U.S.C. 1447(c). The parties are directed to review the procedures for initial status reports, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==] and to submit an initial status report by 10/14/2024. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice (air, ) |
| Filing 8 NOTICE of Removal from Circuit Court of Cook County, case number (2024L008498) filed by Lyft, Inc. (AMENDED) (Attachments: #1 Exhibit A-P)(Maruna, James) |
| Filing 7 MINUTE entry before the Honorable John J. Tharp, Jr:Defendants' motion for leave to file a corrected notice of removal #6 is granted. Upon review of the existing notice of removal, however, it fails to adequately plead subject matter jurisdiction. The notice asserts jurisdiction pursuant to 28 U.S.C. 1332; but the notice does not include sufficient information to assess the citizenship of Nico Ross. An individual's citizenship is based on the state in which he is domiciled (which may differ from the state of residence). See generally Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012). Accordingly, the defendants are directed to address this issue in their corrected notice of removal by 09/25/2024. Defendants are also directed to attach an updated Cook County docket to their corrected notice of removal that is up to date as of the time the corrected notice is filed. Failure to timely and adequately amend may result in dismissal of the case. Mailed notice (air, ) |
| Filing 6 MOTION by Defendant Lyft, Inc. for leave to file a corrected notice of removal (Attachments: #1 Exhibit A)(Maruna, James) |
| Filing 5 ATTORNEY Appearance for Defendant Lyft, Inc. by Lindsey G Aranguren (Aranguren, Lindsey) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). (men, ) |
| Filing 4 ATTORNEY Appearance for Defendant Lyft, Inc. by Richard Charles Huettel (Huettel, Richard) |
| Filing 3 ATTORNEY Appearance for Defendant Lyft, Inc. by James F. Maruna (Maruna, James) |
| Filing 2 CIVIL Cover Sheet (Maruna, James) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (2024L008498) filed by Lyft, Inc. Filing fee $ 405, receipt number AILNDC-22455578. (Attachments: #1 Exhibit A-M)(Maruna, James) |
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