Coltrane v. Midwest Coast Logistics, Inc. et al

Filing 3

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 6/26/2012:Mailed notice(srn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

VANDER COLTRANE,
Plaintiff,
v.
MIDWEST COAST LOGISTICS, INC.
and ABDI J. FARAH, Individually,
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No. 12 C 4955

MEMORANDUM ORDER
Vander Coltrane ("Coltrane") has sued Midwest Coast Logistics, Inc. ("Midwest") and
Abdi Farah ("Farah"), invoking diversity jurisdiction over a dispute stemming from a vehicular
collision on an interstate highway in Missouri (although Complaint ¶4 identifies Coltrane as a
resident of Columbia, Missouri, this Court assumes that he is a Missouri citizen as well).1 It is
clear that this action has nothing to do with Illinois except for Chicago being the asserted
principal place of Midwest's business (Complaint ¶3). Indeed, no basis at all appears for
exercising personal jurisdiction over Farah, who is identified as an Ohio citizen in Complaint ¶2.
What is exceedingly plain is that even if (as may well be the case) the requisite diversity
of citizenship exists, 28 U.S.C. §1391(b) makes this judicial district an improper venue for this

1

Despite the mandate of Fed. R. Civ. P. ("Rule") 8(a)(1), the Complaint is silent as to
the grounds for federal subject matter jurisdiction. For purposes of this memorandum order, this
Court has indulged the charitable assumption that the case sounds in diversity. Even that premise
may be overly charitable, however, for as if to underscore the seeming unfamiliarity of Coltrane's
counsel (a law firm officing in Corpus Christi, Texas) with federal practice, the ad damnum
seeks "an amount in excess of $50,000 plus costs of suit," although the required amount in
controversy for diversity jurisdiction is of course $75,000-plus.

lawsuit. Coltrane's attorneys are given until July 13, 2012 to file a statement justifying the filing
of this action here, failing which this Court will dismiss both the Complaint and this action
(without prejudice, of course, to suit being filed in an appropriate situs elsewhere).

_________________________________________
Milton I. Shadur
Senior United States District Judge
Date: June 26, 2012.

-2-