Case details

Court: flmd
Docket #: 8:13-cv-02442
Case Name: Jack v. Keirn et al
PACER case #: 289388
Date filed: 2013-09-20
Date terminated: 2014-03-27
Assigned to: Judge Virginia M. Hernandez Covington
Referred to: Magistrate Judge Thomas B. McCoun III
Case Cause: 28:1332 Diversity-Personal Injury
Nature of Suit: 360 P.I.: Other
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Brian P. Jack
Plaintiff
Brian P. Jack
E9036 County Hwy X New London, WI 54961 920-840-7557 PRO SE

Steve Keirn
Defendant
Individually doing business asWorld Wrestling Entertainment
Steve Keirn, Inc.
Defendant
doing business asFlorida Championship Wrestling
NXT Wrestling
Defendant
formerly known asFlorida Championship Wrestling
World Wrestling Entertainment, Inc.
Defendant
John Does 1-25
Defendant
TERMINATED: 03/21/2014
Jane Does 1-25
Defendant
TERMINATED: 03/21/2014
Doe Limited Partnerships 1-25
Defendant
TERMINATED: 03/21/2014
Doe Corporations 1-25
Defendant
TERMINATED: 03/21/2014
Vincent K. McMahon
Defendant
and individually doing business asWorld Wrestling Entertainment
Anthony Carelli
Defendant
individually
David Otunga
Defendant
and individually doing business asWorld Wrestling Entertainment
Thomas Prichard
Defendant
and individually doing business asWorld Wrestling Entertainment
John Lauraneitis
Defendant
and individually doing business asWorld Wrestling Entertainment
Ty Bailey
Defendant
and individually doing business asWorld Wrestling Entertainment
Virgil Runnels
Defendant
and individually doing business asWorld Wrestling Entertainment
Floyd Gerald Brisco
Defendant
and individually doing business asWorld Wrestling Entertainment
Robert Remis
Defendant
and individually doing business asWorld Wrestling Entertainment
Pierre Clermont
Defendant
and individually doing business asWorld Wrestling Entertainment
Richard Blood
Defendant
and individually doing business asWorld Wrestling Entertainment
Norman Smiley
Defendant
and individually doing business asWorld Wrestling Entertainment
Pete Gruner
Defendant
and individually doing business asWorld Wrestling Entertainment
Scott Amann
Defendant
and individually doing business asWorld Wrestling Entertainment
Kristin Altman
Defendant
and individually doing business asWorld Wrestling Entertainment
Dr. James Andrews
Defendant
and individually doing business asWorld Wrestling Entertainment

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-09-20 1 0 COMPLAINT for Damages against All Defendants with Jury Demand (Filing fee $ 400 - receipt number ORL028322) filed by Brian P. Jack.(RDO) (Additional attachment(s) added on 9/30/2013: # 1 Civil Cover Sheet) (Entered: 09/23/2013)
2013-09-23 2 0 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 10/7/2013. Signed by Judge Virginia M. Hernandez Covington on 9/23/2013. (LYB) (Entered: 09/23/2013)
2013-09-24 3 0 ENDORSED ORDER: Plaintiff attempts to allege diversity of citizenship, pursuant to 28 U.S.C. § 1332, as the basis for the Court's jurisdiction over this matter. In order to sufficiently allege diversity jurisdiction, Plaintiff must demonstrate complete diversity of citizenship and that the amount in controversy exceeds $75,000. See 28 U.S.C. § 1332. In order to demonstrate complete diversity, Plaintiff must establish that his citizenship is diverse from the citizenship of every Defendant. As explained in Molinos Valle Del Cibao, C. por A. v. Lama, 633 F.3d 1330, 1342 n.12 (11th Cir. 2011), "citizenship, not residence, is the key fact that must be alleged...to establish diversity for a natural person." Furthermore, Plaintiff is advised that to sufficiently allege citizenship of a corporate defendant, the state of incorporation as well as the location of the principal place of business must be stated. See 28 U.S.C. § 1332(c)(1). In addition, Plaintiff must establish that the amount in controversy exceeds $75,000. Upon review of the Complaint, Plaintiff has insufficiently alleged "the matters in controversy herein exceed the sum of $15,000, exclusive of interest, costs, and attorney's fees." Because the Complaint fails to properly allege the citizenship of several Defendants and that the amount in controversy exceeds $75,000, diversity jurisdiction has not been definitively established. As a result, the Court directs Plaintiff to file an amended complaint on or before October 18, 2013, demonstrating that the proper grounds for diversity jurisdiction exist. Failure to satisfy the Court that the requirements for diversity jurisdiction exist may result in an Order of dismissal for lack of jurisdiction. Signed by Judge Virginia M. Hernandez Covington on 9/24/2013. (KNC) (Entered: 09/24/2013)
2013-10-18 4 0 AMENDED COMPLAINT against Doe Corporations 1-25, Doe Limited Partnerships 1-25, Jane Does 1-25, John Does 1-25, Steve Keirn, NXT Wrestling, Steve Keirn, Inc., World Wrestling Entertainment, Inc. with Jury Demand. filed by Brian P. Jack. Related document: 1 Complaint filed by Brian P. Jack.(VCG) (Entered: 10/18/2013)
2013-10-18 5 0 ENDORSED ORDER: This Court is in receipt of Plaintiff's Amended Complaint. 4 . However, upon review of the Amended Complaint, the Court finds that Plaintiff has still not sufficiently demonstrated that the proper grounds for diversity jurisdiction exist. The Court reminds Plaintiff that in order to sufficiently allege diversity jurisdiction, Plaintiff must demonstrate complete diversity of citizenship and that the amount in controversy exceeds $75,000. See 28 U.S.C. § 1332. In order to demonstrate complete diversity, Plaintiff must establish that his citizenship is diverse from the citizenship of every Defendant. Therefore, the citizenship of Plaintiff and the citizenship of every Defendant must be alleged in the Complaint. As explained in Molinos Valle Del Cibao, C. por A. v. Lama, 633 F.3d 1330, 1342 n.12 (11th Cir. 2011), "citizenship, not residence, is the key fact that must be alleged... to establish diversity for a natural person." Furthermore, Plaintiff is advised that to sufficiently allege citizenship of a corporate defendant, the state of incorporation as well as the location of the principal place of business must be stated. See 28 U.S.C. § 1332(c)(1). In addition, Plaintiff must establish that the amount in controversy exceeds $75,000. Because the Amended Complaint fails to properly allege the citizenship of several Defendants and that the amount in controversy exceeds $75,000, diversity jurisdiction has not been definitively established. As a result, the Court directs Plaintiff to file a second amended complaint on or before November 8, 2013, demonstrating that the proper grounds for diversity jurisdiction exist. Failure to satisfy the Court that the requirements for diversity jurisdiction exist will result in an Order of dismissal for lack of jurisdiction. Signed by Judge Virginia M. Hernandez Covington on 10/18/2013. (KNC) (Entered: 10/18/2013)
2013-11-08 6 0 SECOND AMENDED COMPLAINT against Doe Corporations 1-25, Doe Limited Partnerships 1-25, Jane Does 1-25, John Does 1-25, Steve Keirn, NXT Wrestling, Steve Keirn, Inc., World Wrestling Entertainment, Inc. with Jury Demand. filed by Brian P. Jack.(VCG) Modified on 11/19/2013 to edit text. (AG). (Entered: 11/08/2013)
2014-01-22 7 0 MOTION for Enlargement of Time by Brian P. Jack. (Attachments: # 1 Letter; Change of Address)(VCG) (Entered: 01/22/2014)
2014-01-23 8 0 ENDORSED ORDER granting Plaintiff Brian P. Jack's Motion for Enlargement of Time. 7 . Plaintiff initiated this action against Defendants on September 20, 2013. 1 . As a result, Plaintiff had until January 18, 2014, to effect service of process on all Defendants. However, upon review of Plaintiff's Motion for Enlargement of Time, the Court finds good cause to grant a sixty (60) day extension to Plaintiff to effect service of process on Defendants. As such, Plaintiff has until and including March 24, 2014, to effect service of process on all Defendants. Furthermore, the Court reminds Plaintiff that he can represent himself in this matter pro se, if he so chooses. Signed by Judge Virginia M. Hernandez Covington on 1/23/2014. (KNC) (Entered: 01/23/2014)
2014-03-21 9 0 THIRD AMENDED COMPLAINT against Kristin Altman, Scott Amann, James Andrews, Ty Bailey, Richard Blood, Floyd Gerald Brisco, Anthony Carelli, Pierre Clermont, Pete Gruner, Steve Keirn, John Lauraneitis, Vincent K. McMahon, NXT Wrestling, David Otunga, Thomas Prichard, Robert Remis, Virgil Runnels, Norman Smiley, Steve Keirn, Inc., World Wrestling Entertainment, Inc. with Jury Demand. Terminating Jane Does 1-25, John Does 1-25, Doe Corporations 1-25 and Doe Limited Partnerships 1-25 filed by Brian P. Jack. (Attachments: # 1 Letter, # 2 Mailing Envelope)(VCG) (Entered: 03/21/2014) 2017-07-14 15:19:32 b4793249c92efc3f926d6066403ee05f2417f73a
9 1 Letter 2017-07-14 15:16:44 5804f548d2d7cbe9d322d1fd9b3379f86b553538
9 2 Mailing Envelope
2014-03-24 10 0 SUMMONS issued as to James Andrews, Anthony Carelli, Steve Keirn, NXT Wrestling, Virgil Runnels, Steve Keirn, Inc.. (KMB) (Entered: 03/25/2014)
2014-03-27 11 0 ORDER: This case is dismissed without prejudice for lack of subject matter jurisdiction. The Clerk is directed to CLOSE THIS CASE. Signed by Judge Virginia M. Hernandez Covington on 3/27/2014. (KNC) (Entered: 03/27/2014)
2014-03-25 12 0 MOTION for Enlargement of Time by Brian P. Jack. (VCG) (Entered: 03/27/2014)
2014-03-27 13 0 ENDORSED ORDER: On March 27, 2014, this Court dismissed this case without prejudice for lack of subject matter jurisdiction. 11 . For the reasons stated in the Court's March 27, 2014, Order, Plaintiff's Motion for Enlargement of Time 12 is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 3/27/2014. (KNC) (Entered: 03/27/2014)