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Killion v. All-Star Motors

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


July 8, 2009

ALICIA KILLION, PLAINTIFF,
v.
ALL-STAR MOTORS, SCHMITT CHEVROLET, INC., STATE FARM COMPANIES FOUNDATION, GENERAL MOTORS, INC., AND UNKNOWN CAR DEALER, DEFENDANTS.

The opinion of the court was delivered by: Michael J. Reagan United States District Judge

MEMORANDUM AND ORDER

REAGAN, District Judge

On September 30, 2008, Defendant General Motors removed the above-captioned action to this federal District Court (Doc. 8). The notice of removal claimed that federal subject matter jurisdiction lies in this action under the diversity statute, 28 U.S.C. § 1332. Specifically, General Motors alleged that the two non-diverse defendants-Schmitt Chevrolet and State Farm-were dismissed by the state court. Additionally, General Motors argued that All-star Motors was improperly joined because it does not exist and that the "unknown car dealer" is fictitious. The plaintiff has never contested these allegations or otherwise challenged subject matter jurisdiction in this Court.

Nonetheless, the docket sheet continues to show All-star Motors, Schmitt Chevrolet, State Farm, and the unknown car dealer as defendants in this action. The Court is unable to confirm from the docket sheet whether these defendants have been served, but even if they have been served, no defendant but General Motors has appeared by answer or otherwise.

Accordingly, NOTICE IS HEREBY GIVEN to Plaintiff that All-star Motors, Schmitt Chevrolet, State Farm, and the unknown car dealer will be dismissed by the Court for failure of Plaintiff to properly prosecute unless action is implemented by July 29, 2009 to effectuate service, or if properly served, proceed to default followed by default judgment.

IT IS SO ORDERED.

20090708

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