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- ilnd;;1:04-cv-01961_de16 RegisterActionDate "2004-07-06" @default.
- ilnd;;1:04-cv-01961_de16 RegisterActionDescriptionText "MINUTE ORDER of 7/6/04 by Hon. George W. Lindberg : Defendant's motion to dismiss is granted [10-1]. The court's jurisdiction has been challenged, so plaintiff has the burden of establishing the jurisdictional amount by proof by a preponderance of the evidence or proof to a reasonable probablility that jurisdiction exists. See The Selway Group, Inc. v. Globalnet International, Inc., 2001 WL 755232* 1 (ND Ill). FRCP 56's requirements for affidavits are not applicable as this is not a summary judgment motion. Plaintiff's evidence is that defendant possessed inventory to which plaintiff claims to be entitled worth about #180,000 in 11/2001. There is nothing to show how much of this inventory would likely remain in defendant's possession at the time this suit was filed on 3/15/04. Especially considering the transitory nature of inventory, this is fatal to plaintiff's attempt to establish the jurisdictional amount in this case by either a preponderance of the evidence or to a reasonable probability. terminating case Mailed notice (las) (Entered: 07/07/2004)" @default.
- ilnd;;1:04-cv-01961_de16 AdministrativeID "15" @default.