x. AQ 450(Rev. 5/85)Indgment in a Civil Case

United States District Court

Northern District of Hlinois
Eastern Division

Veronica Kirk et al. JUDGMENT IN A CIVIL CASE
Vv. Case Number: 01 C 9759
American Horizon Insurance Co.

Oo Jury Verdict. This action came before the Court for a trial by jury. The issues have been
tried and the jury rendered its verdict.

| Decision by Court. This action came to trial or hearing before the Court. The issues
have been tried or heard and a decision has been rendered.

IT IS HEREBY ORDERED AND ADJUDGED that accordingly, we must vacate the
judgment and dismiss the complaint without prejudice.

Michael W. Dobbins, Clerk of Court

Date: 7/15/2002 \Nansineas Nor a

Willie A. Haynes, Deputy Clext



«Minute Order Bprm (06/97)

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United States District Court, Northern District of Illinois

NY
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Name of Assigned Judge Sitting Judge if Other
—) or Magistrate Judge James B. Moran than Assigned Judge
CASE NUMBER 01 C9759 DATE 7/15/2002
CASE Veronica Kirk et al. Vs. American Horizon Ins Co.
TITLE
[In the following box (a) indicate the party filing the motion, e.g, plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
MOTION: of the motion being presented.}
Memorandum Opinion and Order
DOCKET ENTRY:
gM a Filed motion of [ use listing in “Motion” box above.]
(2) a Brief in support of motion due
(3) QO Answer brief to motion due. . Reply to answer brief due.
(4) a Ruling/Hearing on set for at
(5) o Status hearing[held/continued to} [set for/re-set for] on set for at
(6) Qa Pretrial conference[held/continued to] [set for/re-set for] on set for at .
() Oo Trial{set for/re-set for] on. at
(8) im} [Bench/Jury trial] [Hearing] held/continued to at
(9) Oo This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
CUFRCP4(m) ClGeneral Rule 21 CIFRCP41(a)\(1) CIFRCP41(a)(2).
ao =f [Other docket entry} | Enter Memorandum Opinion and Order. Accordingly, we must vacate the
judgment and dismiss the complaint without prejudice.
al) ff [For further detail see order attached to the original minute order.]
No notices required, advised in open court. e
‘No notices required, number of notices
Notices mailed by judge’s staff.
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Notified counsel by telephone. Se docketed
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

VERONICA KIRK, LARRY KIRK, )
BRIAUN KIRK and CARLA FOSTER, )
)

Plaintiffs, )

)

VS. ) No. 01 C 9759

)

AMERICAN HORIZON INSURANCE)
COMPANY, )
)

Defendant. )

MEMORANDUM OPINION AND ORDER

This case does not reflect well on anyone (except perhaps the plaintiffs themselves),
including the court. The insurance carrier’s processing of the claims was lamentable;
plaintiffs’ counsel brought suit in the wrong court; the insurance carrier’s counsel failed to
defend; and this court, overlooking obvious jurisdictional infirmities, granted a default
judgment. That has resulted in yet more legal effort, which takes the parties back to square
one. These claims should have been resolved two years ago by the parties, and we have urged
them to do so now, apparently to no avail. Unfortunately, we cannot bring this matter to end
because we lack subject matter jurisdiction and thus we have no authority to do anything
other than dismiss the complaint without prejudice.

We assume that Veronica and Larry Kirk are citizens of Wisconsin, although the
allegation is that they reside there. We assume Carla Foster is a citizen of Illinois, although
the allegation is that she resides there. The citizenship of the defendant is unclear. A
corporation is a citizen of the state of incorporation, which is not alleged, and of the state in

which it has its principal place of business, which is also not alleged. Plaintiffs do allege that

a


.e

No. 01 C 9759 Page 2

defendant is licensed to do business in both Illinois and Wisconsin, but that does not establish
citizenship, although it means venue is proper in either state. For all we know, defendant
could be incorporated and have its principal place of business other than in Iinois and
Wisconsin. Thus there could be diversity, but it does not appear, as it must, from the face of
the complaint.

If that were the only defect, we would vacate the default judgment and dismiss with
leave to amend if complete diversity could be alleged. But, as we earlier noted, each of the
plaintiffs had only soft tissue injuries of limited duration. For diversity jurisdiction each
plaintiff's claim must exceed the $75,000 jurisdictional amount. Each plaintiff so claims, but
that does not establish jurisdiction if it is clear that no reasonable trier of fact could award
damages exceeding that amount to a plaintiff seeking recovery. As the amounts previously
awarded indicate, none of the claims could reach that amount. Accordingly, we must vacate
the judgment and dismiss the complaint without prejudice. We do so reluctantly because these
claims should have been processed and paid a long time ago. This lawsuit would, if nothing
else, appear to provide the defendant with all the information necessary to do just that, and

we urge the parties cooperatively to resolve the matter without further litigation.

pe

< JAMES B. MORAN
ior Judge, U. S. District Court

Ye. & , 2002.